12.9.1410    ALLOWABLE LETHAL MANAGEMENT OF THE GRIZZLY BEAR

(1)  The commission authorizes the department to use lethal control of depredating grizzly bears.  

(2)  Pursuant to 87-5-301(3), MCA, a livestock owner or other authorized person may take, without a permit or license, a delisted grizzly bear that is attacking or killing livestock.  Take by a livestock owner or other authorized person is limited to those areas that a livestock owner's livestock are legally authorized to be.

(3) Pursuant to 87-5-301(4) and 87-6-106(4), MCA, the department director or designee may issue a permit to a person, livestock owner, or other authorized person to take a delisted grizzly bear, under the following circumstances and conditions:

(a)  when the department makes the determination that the grizzly bear is threatening livestock or poses a threat to humans;

(b) when the department makes the determination that the grizzly bear was not purposefully or intentionally fed or baited; and

(c) if on public land, when the livestock owner has demonstrated an effort to utilize one or more non-lethal and preventative measures as determined by the department director or designee.

(4) A permit issued pursuant to 87-5-301(4) and 87-6-106(4), MCA, to a person, livestock owner, or other authorized person must identify the following: 

(a)  the permittee's name;

(b) the permit's duration and expiration date;

(c) the geographic area the permit is valid;

(d) the rationale for issuing the permit; and

(e) that the permit is applicable to one delisted grizzly bear.

(5) If a person, livestock owner, or other authorized person, whether permitted or not, takes or injures a delisted grizzly bear, pursuant to 87-5-301(3) and (4) or 87-6-106(4), MCA, they shall:

(a) notify the department within 24 hours;

(b) leave the grizzly bear carcass, if any, where it lay;

(c) preserve the area the shot was taken from;

(d) preserve the area surrounding the grizzly bear carcass, if any; and

(e) surrender the grizzly bear carcass, if any, to the department.

(6) A person, livestock owner, or other authorized person, who purposefully injures or kills a delisted grizzly bear by any other means, besides a firearm, is subject to criminal penalties, pursuant to 87-6-201, MCA.

(7) Pursuant to 87-5-301(4)(b) and 87-6-106(4), MCA, the department has the discretion to lethally remove a delisted grizzly bear.  If a delisted grizzly bear is lethally removed by department or wildlife services' staff, after conducting an on-site investigation, the delisted grizzly bear does not count towards the quota.  However, if the lethal removal occurred inside of the DMA, the delisted grizzly bear will count towards the mortality threshold.

History: 87-1-201, 87-1-301, MCA; IMP, 87-5-301, 87-6-106, MCA; NEW, 2024 MAR p. 60, Eff. 1/13/24.