87-3-102. Waste of fish or game.
87-3-102. Waste of fish or game. (1) A person who is responsible for the death of a mountain lion [or wolf, except as provided in 87-3-130,] commits the offense of waste of game if the person abandons the head or hide in the field.
(2) A person who is responsible for the death of a grizzly bear commits the offense of waste of game if the person abandons the head or hide or any parts required by department or commission regulation for scientific purposes. All parts of a grizzly bear required by department or commission regulation for scientific purposes must be delivered to an officer or employee of the department for inspection as soon as possible after removal, and the department shall return to the licensee any bone structure and skull within 1 year upon written request. The hide must be returned immediately.
(3) A person responsible for the death of any game animal, except a mountain lion [or wolf], commits the offense of waste of game if the person purposely or knowingly:
(a) detaches or removes from the carcass only the head, hide, antlers, tusks, or teeth or any or all of these parts;
(b) wastes any part of any game animal, game bird, or game fish suitable for food by transporting, hanging, or storing the carcass in a manner that renders it unfit for human consumption; or
(c) abandons in the field the carcass of any game animal or any portion of the carcass suitable for food.
(4) A person in possession of a game animal or game animal parts, a game bird, or a game fish suitable for food commits the offense of waste of game if the person purposely or knowingly:
(a) transports, stores, or hangs the animal, bird, or fish in a manner that renders it unfit for human consumption; or
(b) disposes of or abandons any portion of a game animal, game bird, or game fish that is suitable for food.
(5) For the purposes of this section, the meat of a grizzly bear or a black bear that is found to be infected with trichinosis is not considered to be suitable for food.
(6) A person convicted of waste of game may be fined not less than $50 or more than $1,000 or imprisoned in the county jail for a term not to exceed 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, and trapping licenses issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture, unless the court imposes a longer forfeiture period. If the court imposes forfeiture of the person's license and privilege to hunt, fish, or trap, the department shall notify the person of the forfeiture and loss of privileges. The person shall surrender all hunting, fishing, and trapping licenses to the department within 10 days of notification. (Bracketed language effective on occurrence of contingency--sec. 8(2), Ch. 415, L. 2007.)
History: En. Sec. 15, Ch. 238, L. 1921; re-en. Sec. 3696, R.C.M. 1921; amd. Sec. 7, Ch. 77, L. 1923; amd. Sec. 16, Ch. 192, L. 1925; amd. Sec. 13, Ch. 59, L. 1927; amd. Sec. 1, Ch. 152, L. 1931; re-en. Sec. 3696, R.C.M. 1935; amd. Sec. 1, Ch. 160, L. 1941; amd. Sec. 1, Ch. 158, L. 1955; amd. Sec. 1, Ch. 40, L. 1961; amd. Sec. 3, Ch. 134, L. 1969; amd. Sec. 1, Ch. 162, L. 1973; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-307(1); amd. Sec. 5, Ch. 277, L. 1991; amd. Sec. 4, Ch. 263, L. 1995; amd. Sec. 1, Ch. 275, L. 2001; amd. Sec. 6, Ch. 415, L. 2007.