87-4-609. Regulation of commercial taking of fish or aquatic organisms -- permit -- rulemaking authority. - Montana Statutes

     87-4-609. Regulation of commercial taking of fish or aquatic organisms -- permit -- rulemaking authority. (1) The department shall regulate the taking, for sale or commercial distribution, of:
     (a) crayfish for fishing bait;
     (b) crayfish from private fish ponds regulated under 87-4-603;
     (c) mysis shrimp;
     (d) designated species of nongame fish in waters designated by the commission pursuant to 87-3-204;
     (e) whitefish as authorized by statute; and
     (f) other aquatic organisms.
     (2) It is unlawful for a person to take fish or aquatic organisms for commercial purposes without obtaining a permit from the department. A permit applicant shall provide the department with sufficient details of the proposed operation to take any fish or aquatic organism for sale or commercial distribution to enable the department to evaluate any potential overharvest or conflict with existing fishing and recreational uses of the waters.
     (3) The department may:
     (a) deny a permit if it determines that there is substantial potential that the proposed operation may harm a fishery or conflict with existing recreational uses of the waters;
     (b) condition a permit to restrict the method of taking, the location of the taking, and the quality and quantity of harvest to prevent overharvest or conflict with existing fishing and recreational uses of the waters; or
     (c) require a permittee to submit harvest data to the department.
     (4) A permit may be revoked for a violation of the conditions of the permit.
     (5) The department may adopt rules for the regulation of commercial taking of fish or aquatic organisms, including but not limited to the setting of seasons, methods of taking, quantities of harvest, size limitations, and reporting requirements, to prevent overharvest or conflict with fishing and recreational uses of the waters.

     History: En. Sec. 1, Ch. 246, L. 1989; amd. Sec. 2, Ch. 456, L. 1993; amd. Sec. 7, Ch. 84, L. 2003.