87-6-208. Unlawful use of aircraft.
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/mt/title-87/chapter-6/part-2/87-6-208·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
87-6-208 . Unlawful use of aircraft.
(1)Except as provided in 87-3-126 , a person may not:
(a)kill, take, or shoot at any game bird, game animal, or fur-bearing animal from an aircraft;
(b)use an aircraft:
(i)to spot or locate any game animal for the purpose of hunting within 24 hours after utilizing an aircraft;
(ii)to concentrate, pursue, drive, rally, or stir up a game bird, migratory bird, game animal, or fur-bearing animal; or
(iii)to intentionally interfere with the hunting of a game bird, game animal, or fur-bearing animal, including operating an aircraft in a manner that disturbs or otherwise affects the behavior of a game bird, game animal, or fur-bearing animal;
(c)land an aircraft in violation of state or federal land use travel plans while pursuing a game bird, game animal, or fur-bearing animal;
(d)land an aircraft on private property without written permission while pursuing a game bird, game animal, or fur-bearing animal; or
(e)spot or locate a game animal or fur-bearing animal and communicate the location of the game animal or fur-bearing animal to any person as an aid to hunting:
(i)while in, using, or operating an aircraft; or
(ii)within 24 hours after utilizing an aircraft.
(2)The provisions of this section do not apply:
(a)during emergency situations;
(b)when search and rescue operations are being conducted;
(c)for predator control as permitted by the department of livestock; or
(d)when supporting an agricultural operation.
(3)The following penalties apply for a violation of this section:
(a)Unless otherwise provided in this subsection (3), a person convicted of a violation of this section shall be fined not less than $300 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person, upon conviction or forfeiture of bond or bail, may be subject to forfeiture of any current hunting, fishing, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state or to use state lands, as defined in 77-1-101 , for recreational purposes for a period of time set by the court.
(b)If a person is convicted or forfeits bond or bail after being charged with unlawful use of an aircraft to kill or take a deer, elk, antelope, mountain lion, mountain sheep, moose, wild buffalo, caribou, mountain goat, black bear, or grizzly bear, the person shall be fined not less than $500 or more than $2,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, recreational use, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 30 months from the date of conviction or forfeiture unless the court imposes a longer period.
(c)If a person is convicted or forfeits bond or bail after being charged with unlawful use of an aircraft to kill or take a fur-bearing animal, the person shall be fined not less than $100 or more than $1,000 or be imprisoned in the county detention center for not more than 6 months, or both. In addition, the person shall forfeit any current hunting, fishing, recreational use, or trapping license issued by this state and the privilege to hunt, fish, or trap in this state for 24 months from the date of conviction or forfeiture unless the court imposes a longer period, and any pelts possessed unlawfully must be confiscated.
(4)As used in this section, "aircraft" has the meaning provided in 87-6-101 .