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69th Legislature 2025 HB 105
- 1 - Authorized Print Version – HB 105
ENROLLED BILL
AN ACT REVISING LAWS RELATED TO GAME BIRD FARMS; REMOVING LICENSEE AND DEPARTMENT
NOTIFICATION REQUIREMENTS; CHANGING APPLICATION TIMELINES AND REQUIREMENTS;
SETTING A GAME BIRD FARM LICENSE FEE; EXTENDING A GAME BIRD FARM LICENSE TO 5 YEARS;
AMENDING SECTIONS 87-4-902, 87-4-904, 87-4-905, 87-4-906, AND 87-4-912, MCA; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:
Section 1. Section 87-4-902, MCA, is amended to read:
"87-4-902. Exemption. This part does not apply to:
(1) a person who owns, controls, or propagates game birds for purposes other than sale or
conveyance of game birds or parts of game birds and who notifies the department and receives its written
authorization and exemption;
(2) the holder of a migratory game bird avicultural permit under 87-2-807; or
(3) the holder of a shooting preserve license under Title 87, chapter 4, part 5, who uses temporary
holding pens pursuant to 87-4-530."
Section 2. Section 87-4-904, MCA, is amended to read:
"87-4-904. Application for game bird farm license -- limitation on issuance. (1) A person desiring
to obtain a game bird farm license shall make a written application to the department. The application must be
submitted on a form provided by the department and specify:
(a) the name of the applicant;
(b) the applicant's address;
(c) the species of game bird and any plans to propagate them;
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69th Legislature 2025 HB 105
- 2 - Authorized Print Version – HB 105
ENROLLED BILL
(d) the legal description of the lands to be included;
(e) the type of fence or enclosure that the applicant contemplates erecting;
(f) the source of game birds; and
(g) for a nonresident owner, the name and address of a local resident agent.
(2) (a) A game bird farm license may be issued only to a responsible applicant who owns or leases
the premises on which the operations are to be conducted and who has properly fenced or otherwise enclosed
the place where the game bird farm is to be located.
(b) A game bird farm owned by a nonresident must have a resident agent who is responsible for
the daily operation of the farm and who is authorized by the nonresident owner to receive service of process.
(3) Within 30 60 days of receiving the application, the department shall notify the applicant of its
decision to approve or deny the application. If the required fencing or enclosure has not been completed, the
department shall approve the application subject to the fencing or enclosure being completed. If the application
is denied, the department shall specify the reasons for denial."
Section 3. Section 87-4-905, MCA, is amended to read:
"87-4-905. License and renewal fee -- deposit of fees. (1) Game bird farm license and annual
renewal fees must be set by department rule.A game bird farm license is $300.
(2) The fees must be deposited in the state special revenue fund for the use of the department for
purposes of this part."
Section 4. Section 87-4-906, MCA, is amended to read:
"87-4-906. Term of license -- renewal conditions -- changes in operation. (1) A game bird farm
license is valid only for the license year for which it is issued expires on February 28 of the fifth year following
issuance. The licensee shall apply for renewal annually, and the The department shall renew the license on
payment of the license fee if the licensee has not violated any provision under which the license was granted
and has submitted the reports required by 87-4-912 on forms provided by the department.
(2) The licensee shall notify the department of any proposed changes in the species managed or
in the size or location of the enclosure prior to the institution of such change."
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69th Legislature 2025 HB 105
- 3 - Authorized Print Version – HB 105
ENROLLED BILL
Section 5. Section 87-4-912, MCA, is amended to read:
"87-4-912. Records and reporting. (1) Each licensee shall keep accurate records of the number and
species of birds purchased, transferred, or sold and the name of each person to whom or from whom such the
birds were purchased, transferred, or sold. These records must be open to inspection by a warden or the
director at any reasonable time.
(2) On or before January 31 of each year, each licensee shall file a report with the director,
showing the number and species of birds on hand on January 1 and the number and kinds of birds purchased,
transferred, or sold during the past year. All records described in this section must be kept for not less than 3 5
years."
Section 6. Effective date. [This act] is effective July 1, 2025.
- END -
I hereby certify that the within bill,
HB 105, originated in the House.
___________________________________________
Chief Clerk of the House
___________________________________________
Speaker of the House
Signed this _______________________________day
of____________________________________, 2025.
___________________________________________
President of the Senate
Signed this _______________________________day
of____________________________________, 2025.
HOUSE BILL NO. 105
INTRODUCED BY E. ALBUS
BY REQUEST OF THE DEPARTMENT OF FISH, WILDLIFE, AND PARKS
AN ACT REVISING LAWS RELATED TO GAME BIRD FARMS; REMOVING LICENSEE AND DEPARTMENT
NOTIFICATION REQUIREMENTS; CHANGING APPLICATION TIMELINES AND REQUIREMENTS; SETTING
A GAME BIRD FARM LICENSE FEE; EXTENDING A GAME BIRD FARM LICENSE TO 5 YEARS; AMENDING
SECTIONS 87-4-902, 87-4-904, 87-4-905, 87-4-906, AND 87-4-912, MCA; AND PROVIDING AN EFFECTIVE
DATE.