Dlt\FT EIS APPKSDIX I 



Section 4. Section 81-7-104, MCA, is amended to read: 



"8 1 7 10 4 . (Tcmpurory) Pr e d a tor control money s — use of proceed s . ( 1 ) The depanniL ' ni of livestock s hall 

 a l locat e a portion of the money from th e le vy und e r 15 2 4 921 for the purpose of protecting livestock in the s tate 

 against destniction. depredation, and injury by wild iinimuls. whether the liv es tock is on lands in private ownership, 

 in the ownership of the state, or in the ownership of the United Stat es , i nc l uding open ranges and all lands in or of 

 the pub l ic domain. This protection may be by any m e an s of e ff e ctive predatory anima l destruction, cxterminatio ft; 

 and control, inc l uding sy s t e matic hunting and trapp i ng and paym e nt of bounties. 



— (2) Mon e y shall b e paid out only on claims duly and regularly pres e nt e d to th e d e partm e nt of liv e stock and 

 approved by the department in accordanc e with th e law applicab l e either to claim s for bounties or for other 

 e xp e nditur es n e c ess ary and prop e r for pr e datory animal control by means and m e thods other than paym e nt of 

 bounti es , a s d e t e rmined by the department. Money designated for pr e dator control s ha l l be availab le for the payment 

 of bounty claims and for exp e nditur e s for plann e d, se a s onal, or other campaign s dir e ct e d or operat e d by the 

 department in cooperation with oth e r ag e nci es for th e syst e matic destruction, extermination, and control of 

 pr e datory wild animal s , as d e termin e d by the department and its advi s ory coinmittee. No claim s may be approved in 

 exc e ss of moneys available for s uch purpo. s cs. and no warrant s may be regi s tered again s t th e mon e y s . 



81-7-104. (Effective on occurrence of contingency) Predator control money -- use of proceeds. ( 1 ) The 



department of livestock shall allocate a portion of the money from the levy under 15-24-921 for the purpose of 

 protecting livestock in the state against destruction, depredation, and injury by predatory animals, whether the 

 livestock is on lands in private ownership, in the ownership of the state, or in the ownership of the United States, 

 including open ranges and all lands in or of the public domain. This protection may be by any means of effective 

 predatory animal destruction , e xtermination, and control, including systematic hunting and trapping and payment of 

 bounties. 



(2) Money must may be paid out only on claims duly and regularly presented to the department of livestock and 

 approved by the department in accordance with the law applicable cither to claims for bounties or for other 

 expenditures necessary and proper for predatory animal control by means and methods other than payment of 

 bounties, as determined by the department. Money designated for predator control must be available for the payment 

 of bounty claims and for expenditures for planned, seasonal, or other campaigns directed or operated by the 

 department in cooperation with other agencies for the systematic destruction , e xt e rmination, and control of 

 predatory animals, as determined by the department and its advisory committee. Claims may not be approved in 

 excess of money available for those purposes, and warrants may not be registered against the money." 



Section 5. Section 87-3- 1 27, MCA, is amended to read: 



"87-3-127. Taking of stock-killing animals. ( 1 ) Livestock owners , their agents, or employees of the department 

 or the a federal li s h and wildlife se rvice agency may use dogs in pursuit of stock-killing black bears, stock-killing 

 mountain lions, and stock-killing bobcats. Other means of taking stock-killing black bears, stock-killing mountain 

 lions, and stock-killing bobcats may be used, except the use of the deadfall. 



(2) Traps used in capturing bears shaH must be inspected twice each day with the inspections 12 hours apart." 



Section 6. Section 87-3- 1 30, MCA, is amended to read: 



"87-3-130. Taking of wildlife to protect persons or livestock. ( 1 ) This chapter may not be construed to 

 impose, by implication or otherwise, criminal liability for the taking of wildlife protected by this chapter if the 

 wildlife is mol es ting, a ss a u lting, attacking, killing, or threatening to kill a person or livestock , except that, for 

 purpo.ses of protecting livestock, a person may not kill or attempt to kill a griz/-ly bear unless the grizzly bear is in 

 the act of attacking or killing livestock . In addition, a person may kill or attempt to kill a wolf or mountain lion that 

 is in the act of attacking or killing a domestic dog. A person who se takes wildlife protected by this chapter shall 

 notify the department within 72 hours. 



74 



