Montana § 87-2-516 - Drawing For Class A-9 And Class B-12 Antlerless Elk B Tag Licenses -- Landowner Preference

§ 87-2-516. Drawing For Class A-9 And Class B-12 Antlerless Elk B Tag Licenses -- Landowner Preference

(Temporary) Drawing for Class A-9 and Class B-12 antlerless elk B tag licenses -- landowner preference. (1) In the event the number of valid applications for Class A-9 resident antlerless elk B tag licenses or Class B-12 nonresident antlerless elk B tag licenses for a hunting district exceeds the quota set by the department for the district, the department shall award the permits by a drawing. (2) Subject to the limitations of subsection (4), in a hunting district where Class A-9 and Class B-12 licenses are issued, a corresponding Class A-9 or B-12 license must be issued, on application, to persons who: (a) own 640 acres or more of contiguous land, at least some of which is used by elk as documented by the department; or (b) own 160 acres or more of contiguous production agricultural land on which the department documented elk game damage within the last 2 years. (3) A landowner who is eligible to receive a Class A-9 or Class B-12 license under subsection (2) may designate an immediate family member or an employee of the landowner to apply for the license. A corporation owning qualifying land under subsection (2) may designate one of its shareholders to apply for the Class A-9 or Class B-12 license. (4) Subject to the management provisions provided in 87-1-321 through 87-1-325 , 15% of the Class A-9 and Class B-12 licenses available each year in a hunting district must be available to landowners pursuant to subsection (2). (5) For the purposes of this section, "employee" means a person who is paid by a landowner to do work and who has state or federal taxes withheld from the payment for the work provided. 87-2-516 . (Effective March 1, 2026) Drawing for Class A-9 and Class B-12 antlerless elk B tag licenses -- landowner preference. (1) In the event the number of valid applications for Class A-9 resident antlerless elk B tag licenses or Class B-12 nonresident antlerless elk B tag licenses for a hunting district exceeds the quota set by the department for the district, the department shall award the permits by a drawing. (2) Subject to the limitations of subsection (4), in a hunting district where Class A-9 and Class B-12 licenses are issued, a corresponding Class A-9 or B-12 license must be issued, on application, to persons who: (a) own 640 acres or more of contiguous land, at least some of which is used by elk as documented by the department; or (b) own 160 acres or more of contiguous production agricultural land on which the department documented elk game damage within the last 2 years. (3) A landowner who is eligible to receive a Class A-9 or Class B-12 license under subsection (2) may designate an immediate family member, an employee of the landowner, or a person with a developmental disability or a physical disability as determined by the department to apply for the license. A corporation owning qualifying land under subsection (2) may designate one of its shareholders to apply for the Class A-9 or Class B-12 license. (4) Subject to the management provisions provided in 87-1-321 through 87-1-325 , 15% of the Class A-9 and Class B-12 licenses available each year in a hunting district must be available to landowners pursuant to subsection (2). (5) For the purposes of this section, "employee" means a person who is paid by a landowner to do work and who has state or federal taxes withheld from the payment for the work provided.