87-1-111. Restitution for illegal killing or possession of certain wildlife. - Montana Statutes

     87-1-111. Restitution for illegal killing or possession of certain wildlife. (1) Except as provided in 87-1-115 and in addition to other penalties provided by law, a person convicted or forfeiting bond or bail upon a charge of the illegal taking, killing, or possession of a wild bird, mammal, or fish listed in this section shall reimburse the state for each bird, mammal, or fish according to the following schedule:
     (a) bighorn sheep and endangered species, $2,000;
     (b) elk, caribou, bald eagle, black bear, [wolf,] and moose, $1,000;
     (c) mountain lion, lynx, wolverine, buffalo, golden eagle, osprey, falcon, antlered deer as defined by commission regulation, bull trout longer than 18 inches, and adult buck antelope as defined by commission regulation, $500;
     (d) deer not included in subsection (1)(c), antelope not included in subsection (1)(c), fisher, raptor not included in subsection (1)(c), swan, bobcat, white sturgeon, river-dwelling grayling, and paddlefish, $300;
     (e) fur-bearing animals, as defined in 87-2-101 and not listed in subsection (1)(c) or (1)(d), $100;
     (f) game bird (except swan), $25;
     (g) game fish, $10.
     (2) When a court enters an order declaring bond or bail to be forfeited, the court may also order that some or all of the forfeited bond or bail be paid as restitution to the state according to the schedule in subsection (1). A hearing to determine the amount of restitution, as required under 46-9-512, is not required for an order of restitution under this section. (Bracketed language effective on occurrence of contingency--sec. 8(2), Ch. 415, L. 2007.)

     History: En. Sec. 1, Ch. 523, L. 1987; amd. Sec. 2, Ch. 142, L. 1989; amd. Sec. 3, Ch. 409, L. 1989; amd. Sec. 4, Ch. 329, L. 1991; amd. Sec. 2, Ch. 417, L. 1995; amd. Sec. 3, Ch. 502, L. 1999; amd. Sec. 1, Ch. 227, L. 2005; amd. Sec. 5, Ch. 415, L. 2007.