87-1-304. Fixing of seasons and bag and possession limits. (1) The 



commission may fix seasons, bag limits, possession limits, and season limits; 

 open or close or shorten or lengthen seasons on any species of game, bird, 

 fish, or fur-bearing animal as defined by 87-2-101; and declare areas open to 

 the hunting of deer, antelope, elk, moose, sheep, and goat by bow and arrow 

 permit holders and designate times when only bows and arrows may be used 

 to hunt deer, antelope, elk, moose, sheep, and goat in those areas. It may 

 declare areas open to deer hunting where shotguns only may be used to hunt 

 or kill deer. In areas where deer hunting is open to the use of shotguns only, 

 the commission may authorize the use of muzzleloaders (rifled or 

 smoothbore). It may declare areas open to special license holders only and 

 issue special licenses in a limited number when it determines, after proper 

 investigation, that such a season is necessary to assure the maintenance of an 

 adequate supply of game birds, fish, or animals or fur-bearing animals. It may 

 declare a special season and issue special licenses when game birds or animals 

 or fur-bearing animals are causing damage to private property or when writ- 

 ten complaint of such damage has been filed with the commission by the 

 owner of that property. In determining to whom those licenses shall be issued, 

 it may, when more applications are received than the number of animals to 

 be killed, award permits to those chosen under a drawing system. The proce- 

 dures used for awarding the permits from the drawing system shall be deter- 

 mined by the commission. 



(2) The commission may adopt rules governing the use of livestock and 

 vehicles by archers during special archery seasons. 



(3) It may divide the state into fish and game districts and create fish, 

 game, or fur-bearing animal districts throughout the state. It may declare 

 closed season for hunting, fishing, or trapping in any of those districts and 

 later may open those districts to hunting, fishing, or trapping. 



(4) It may declare a closed season on any species of game, fish, game 

 birds, or fur-bearing animals threatened with undue depletion from any cause. 

 It may close any area or district of any stream, public lake, or public water 

 or portions thereof to hunting, trapping, or fishing for limited periods of time, 

 when necessary to protect a recently stocked area, district, water, spawning 



waters, spawn-taking waters, or spawn-taking stations or to prevent the 

 undue depletion of fish, game and fur-bearing animals, and game and non- 

 game birds. It later may open the area or district upon consent of a majority 

 of the property owners affected. 



(5) The commission may authorize the director to open or close any spe- 

 ciid season upon 12 hours' notice to the public. 



(6) It may declare certain fishing waters closed to fishing except by per- 

 sons under 13 years of age. The purpose of this subsection is to provide suit- 

 able fishing waters for the exclusive use and enjoyment of juveniles under 13 

 years of age, at times and in areas the commission in its discretion considers 

 advisable and consistent with its policies relating to fishing. 



History: En. 2^104 J by Sec. 4, Ch. 511, L. 1973; R.C.M. 1947. 26-104 J; and. S«c. 1, Ch. 

 220, L. 1979; amd. Sec 1, Ch. 313, L. 1983; tind. Sec. 1, Ch. 487, L. 1985. 



