Biological Diversity Policy

Montana does not have a formal biodiversity policy. However, the Natural Areas Act contains a statement recognizing the importance of and the need to protect ecosystems. (Mont. Code Ann. 76-12-103) It is also state policy by statute that fish and wildlife resources, especially fishing waters, are to be protected and preserved. (Mont. Code Ann. 87-5-501) An instream flow statute recognizes the value of waterflows in protecting fish and wildlife, recreation, visual and water quality, and navigation and transportation values. (Mont. Code Ann. 85-2-316)

Status of Biodiversity Science

Montana does not have a coordinated assessment system in place. However, the state utilizes several smaller systems such as the Natural Resource Information System (NRIS) and GAP. The NRIS focuses only on the compilation of existing data and does not require further inventory. (Mont. Code Ann. 90-15-301) GAP was started in 1993. Vegetation mapping and data collection for vertebrate and habitat associations are underway. In addition, a Montana Rivers Information System collects data on aquatic ecosystems.

Endangered Species

Montana has an endangered species act that covers animals but not plants. (Mont. Code Ann. 87-5-101 et seq.) Listing is based on scientific data, although no new species have been added since the late 1970s. Recovery plans are required, although no time frame is established. Agency consultation and critical habitat designation are not required. Penalties for violation of the law are misdemeanors and upon a second conviction violators can be fined up to $1,000 and jailed for up to six months.

State Agency Management for Biodiversity

State-owned Lands

Several statutes direct agencies to consider biological sustainability when making management decisions. For example, the state's range management statutes require management based on ecological principles. (Mont. Code Ann. 76-14-103) The Department of Fish, Wildlife and Parks is in the process of designing a native species initiative that will take an ecosystem approach to more fully account for nongame species. (Mont. Code Anm 87-5-501)

Cooperative Efforts

Cooperative land management efforts include a memorandum of understanding between the Department of Fish, Wildlife and Parks and federal agencies to use ecosystem management techniques. (Mont. Code Ann. 75-1-103, 206) In addition, the native species initiative will be mandated by several state agencies.

State Agency Training

State personnel receive a small amount of biodiversity training through the Heritage Program and Forestry Stewardship Program.

Impact Assessment

Montana has a "little NEPA," requiring assessment of the impact of agency action on biological resources (Mont. Code Ann. 75-1201 et seq.) The Montana Environmental Policy Act requires an environmental impact statement when a proposed major state government action could significantly affect the quality of the human environment. Other statutes require an environmental impact evaluation of development projects such as landfill sitings and mining reclamation. (Mont. Code Ann. 75-10-920)

Habitat Acquisition

Montana has several statutory habitat acquisition programs focused mainly on habitat for game animals. For example, the Habitat Montana program allocates portions of hunting license fees to the acquisition and maintenance of wildlife habitat. (Mont. Code Ann. 87-1-242) This program had available over $5 million in 1994 and over $7 million in 1995. Other programs allow the state to auction special hunting licenses and use the proceeds for the benefit of the type of animal the license was issued for. (Mont. Code Ann. 87-2-722, 724) Finally, the Montana Natural Areas Act allows the Board of Land Commissioners to acquire interests in land for the protection of natural areas.

Private Land Conservation

Montana has both conservation easements and tax incentive programs to enhance private land conservation. The Open Space Land and Voluntary Conservation Easement Act allows for easements that restrict a variety of anti-conservation activities on land. (Mont. Code Ann. 76-6208) Property taxes on land subject to a conservation easement are determined according to the value of the land as encumbered. Easements to preserve wildlife habitat or natural areas may also be transferred to pay inheritance and estate taxes. (Mont. Code Ann. 72-l6-445)

Exotic Species

Montana has a number of statutes that address exotic plant and animal problems. (Mont. Code Ann. 87-5-711 et seq.) The importation, introduction and transplantation of wildlife is prohibited with few exceptions. Legal transplants require an environmental impact statement. Penalties include fines of up to $1,000 and/or imprisonment of up to six months. Exotic insects can be controlled if they damage crops. (Mont. Code Ann. 80-7-801 et seq.) Exotic plants are regulated under the state's weed control laws, with the sale and transportation of noxious weeds for planting prohibited. (Mont. Code Ann. 80-7-701 et seq.) Penalties include fines of up to $1,000. (Mont. Code Ann. 80-5-113) Noxious weeds are defined by statute. (Mont. Code Ann. 7-22-2101)

Predator or Animal Damage Control Activities

Montana's predator control program is managed primarily by the federal government. The state responds to livestock-related complaints, providing funding and the use of aircraft. In addition, landowners may receive game damage assistance in the form of a special hunting season or the killing of the animals. (Mont. Code Ann. 87-1-225)

Additional Legal Protections for Biodiversity

The state constitution provides that all citizens have the right to a clean and healthful environment. (Mont. Const. art. ll. 3)

Related Issues

Montana does not have programs of public education for biodiversity, although the state has a Project WILD and published a wildlife viewing guide in 1990, which was revised in 1995.

Montana has a takings law. Passed in 1995, the law requires that the attorney general develop takings guidelines and that agencies draft assessments of their regulations. (S.B. 231, H.B. 311)

Contacts:

Department of Agriculture
Agricultural Sciences Division
P.O. Box 200201
Helena, MT 59620-0201
406-444-2944

Department of Fish, Wildlife and Parks
1420 E. 6th
P.O. Box 20071
Helena, MT 59620
406-444-2535

Department of Natural Resources and
Conservation
1520 E. 6th Ave.
Helena, MT 59620-2301
406-444-6699

Department of State Lands
P.O. Box 201601
Helena, MT 59620
406-444-2074

State Extension Services
Dept. of Animal and Range Science
Montana State University
Bozeman, MT 59717
406-994-5579

Montana ADC State Director
P.O. Box 1938
Billings, MT 59103
406-657-6464