87-5-301. (Bracketed language in subsections (2)(b) and (3) effective March 1, 2022) Grizzly bear -- findings -- policy. (1) The legislature finds that:
(a) grizzly bears are a recovered population and thrive under responsive cooperative management;
(b) grizzly bear conservation is best served under state management and the local, state, tribal, and federal partnerships that fostered recovery; and
(c) successful conflict management is key to maintaining public support for conservation of the grizzly bear.
(2) It is the policy of the state to:
(a) manage the grizzly bear as a species in need of management to avoid conflicts with humans and livestock; and
(b) [subject to the provisions of subsection (3),] use proactive management to control grizzly bear distribution and prevent conflicts, including trapping and lethal measures.
[(3) (a) Except as provided in subsection (3)(b), the department may not relocate a grizzly bear listed under the federal Endangered Species Act, 16 U.S.C. 1531, et seq., except to a release site previously approved by the commission for relocation of grizzly bears.
(b) The department may respond to a grizzly bear listed under the federal Endangered Species Act, 16 U.S.C. 1531, et seq., that is causing conflict outside of a federal recovery zone. If the bear is to be relocated, the department may not relocate the bear.]
History: En. Sec. 1, Ch. 134, L. 1969; R.C.M. 1947, 26-307.2; amd. Sec. 3, Ch. 292, L. 2011; amd. Sec. 1, Ch. 416, L. 2011; amd. Sec. 1, Ch. 338, L. 2021.