WILDLIFE DAMAGE IN MONTANA 



This report section is a summary of background 



information prepared in order to address the wildlife 



damage issues in the adopted study plan and the study 

 resolution. 



I. LEGAL ASPECTS OF WILDLIFE DAMAGE 



The following summarizes the scope of protection 

 offered to both landowners and wildlife in Montana in 

 instances of wildlife damage to agricultural crops, 

 real property, and fixtures. 



Under Montana common law, one who acquires property 

 does so with notice and knowledge of the presence of 

 wildlife on the land. Thus, a landowner must accept 

 and assume the cost of a certain level of wildlife- 

 caused damage. However, the actual extent of damage a 

 landowner must bear is a question that must be 

 determined on an individual case basis. Clearly this 

 determination may lead to disagreement. 



Under Montana statutory law, the Department of Fish, 

 Wildlife, and Parks (Department) has authority to 

 establish a game damage program. Also under statute, a 

 landowner may file with the Department a complaint of 

 excessive wildlife damage. The Department is then 

 required to study the situation to determine the need 

 for appropriate remedial action. The determination of 

 the necessity for and the extent of any departmental 

 remedial action is another area in which affected 

 persons may not agree. 



