Montana Code 87-4-804. Permit to obtain wild animals
87-4-804. Permit to obtain wild animals. (1) It is unlawful to obtain healthy wild animals for a roadside menagerie, wild animal menagerie, wildlife sanctuary, or zoo by capture from the wild or by purchase except that the capture and holding of injured wildlife or wildlife deemed nonreleasable by the department and the United States fish and wildlife service due to injury, human conflict, or seizure is permissible in accordance with the terms of a permit issued pursuant to this section.
Terms Used In Montana Code 87-4-804
- Roadside menagerie: means any place where one or more wild animals, including birds, reptiles, and the like, are kept in captivity for the evident purpose of exhibition, attracting trade, or other commercial purposes on or off the facility premises. See Montana Code 87-4-801
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
- Wild animal: means an animal that is wild by nature as distinguished from the common domestic animals, whether the animal was bred or reared in captivity, and includes birds and reptiles. See Montana Code 87-4-801
- Wild animal menagerie: means any place where one or more bears or large cats, including cougars, lions, tigers, jaguars, leopards, pumas, cheetahs, ocelots, and hybrids of those large cats are kept in captivity for use other than public exhibition. See Montana Code 87-4-801
- Wildlife sanctuary: means a facility organized as a Montana nonprofit corporation pursuant to Title 35, chapter 2, or in good standing with and accredited by the American sanctuary association or the global federation of animal sanctuaries for the purpose of providing homes for nonreleasable wild animals. See Montana Code 87-4-801
- Zoo: means any zoological garden chartered as a nonprofit corporation by the state or in good standing with and accredited by the association of zoos and aquariums or the zoological association of America for the purpose of exhibiting wild animals for public viewing. See Montana Code 87-4-801
(2)Application for a capture permit may be made only by a wildlife sanctuary or a zoo and must be made to the director on a form prescribed by the director. After investigation by the department, the director may issue a capture permit without charge if the director finds:
(a)that all provisions of this part and of the department regulations are complied with by the applicant; and
(b)that the number and species of wildlife desired is not excessive under the circumstances.
(3)If wild animals are to be obtained by capture for use in a wildlife sanctuary or a zoo, the permit must designate the number and the means of capture, but ownership of the wild animals captured must remain in the state of Montana.
(4)Roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos may obtain captive-bred wild animals from a licensed zoo, menagerie, alternative livestock ranch, fur farm, game bird farm, wildlife sanctuary, or animal rehabilitation center.
(5)Wild animals may be bought, sold, or transferred under regulations that the department prescribes.
(6)The number of wild animals in a wild animal menagerie may not exceed 10.