Montana Code 87-5-103. Legislative intent, findings, and policy
87-5-103. Legislative intent, findings, and policy. (1) The legislature, mindful of its constitutional obligations under Article II, section 3, and Article IX of the Montana constitution, has enacted The Nongame and Endangered Species Conservation Act. It is the legislature’s intent that the requirements of this part provide adequate remedies for the protection of the environmental life support system from degradation and provide adequate remedies to prevent unreasonable depletion and degradation of natural resources.
Terms Used In Montana Code 87-5-103
- Endangered species: means a species or subspecies of wildlife that is actively threatened with extinction due to any of the following factors:
(a)the destruction, drastic modification, or severe curtailment of its habitat;
(b)its overutilization for scientific, commercial, or sporting purposes;
(c)the effect on it of disease, pollution, or predation;
(d)other natural or artificial factors affecting its prospects of survival or recruitment within the state; or
(e)any combination of the foregoing factors. See Montana Code 87-5-102
- Nongame wildlife: means a wild mammal, bird, amphibian, reptile, fish, mollusk, crustacean, or other wild animal not otherwise legally classified by statute or regulation of this state. See Montana Code 87-5-102
- 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
- Wildlife: means a wild mammal, bird, reptile, amphibian, fish, mollusk, crustacean, or other wild animal or any part, product, egg, or offspring or the dead body or parts of the animal. See Montana Code 87-5-102
(2)The legislature finds and declares all of the following:
(a)that it is the policy of this state to manage certain nongame wildlife for human enjoyment, for scientific purposes, and to ensure their perpetuation as members of ecosystems;
(b)that species or subspecies of wildlife indigenous to this state that may be found to be endangered within the state should be protected in order to maintain and, to the extent possible, enhance their numbers;
(c)that the state should assist in the protection of species or subspecies of wildlife that are considered to be endangered elsewhere by prohibiting the taking, possession, transportation, exportation, processing, sale or offer for sale, or shipment within this state of species or subspecies of wildlife unless those actions will assist in preserving or propagating the species or subspecies.