Rule 36.25.146 - GENERAL RECREATIONAL USE OF STATE LANDS: LICENSE REQUIREMENT(1) Subject to restrictions imposed pursuant to ARM 36.25.149 and 36.25.153 and closures imposed pursuant to ARM 36.25.150, 36.25.152, and 36.25.153, state lands administered by the department, except those lands described in ARM 36.25.144, are open to general recreational use to a person under the age of 12 years or a person 12 years old or older who obtains a recreational use license, signs that license, and has a valid signed license in his or her possession. Under 77-1-801, MCA, general recreational use without a license is a misdemeanor.(2) A general recreational use license is issued for a 12-month period beginning on March 1 of each year and expiring on the last day of February of the next year. The cost of a general recreational use license is $5 before March 1, 1996. After February 29, 1996, the cost of the license is $5 for persons 17 years of age or younger or 60 years of age or older. The cost of the license for persons who are older than 17 and younger than 60 is $10. Family members living within the same household may obtain recreational use licenses by paying a family fee of $20. The license is personal and non-transferable. It may be purchased at any authorized license agent of the department of fish, wildlife and parks. Any person may purchase a recreational use license for a spouse, parent, child, brother, or sister, but the license is not valid until signed by the person in whose name it is issued.(3) A person who uses state lands for general recreational use shall abide by the restrictions imposed pursuant to ARM 36.25.149 and may not use for general recreational purposes state lands that have been closed pursuant to ARM 36.25.150, 36.25.152, or 36.25.153. Violations of this provision subjects the violator to civil penalties pursuant to ARM 36.25.157.(4) No lessee or other person may interfere with a person who is making lawful general recreational use of state lands in accordance with this rule. Violation of this provision subjects the violator to civil penalties pursuant to ARM 36.25.157. The lessee may, without such interference, make inquiry concerning the status of those using state lands.(5) Under 77-1-801(2) and (3), MCA, a person must, upon request of a fish and game warden, present for inspection his or her recreational use license. Failure to present the license is a misdemeanor.(6) A person who is engaging in general recreational use on state land shall, upon request of a department employee, present his or her recreational use license for inspection. Failure to present the license subjects the recreationist to a civil penalty pursuant to ARM 36.25.157.(7) A person who is engaging in general recreational use on private land that has been opened pursuant to an exchange under ARM 36.25.152 shall, upon request of a department employee or a fish and game warden, present his or her recreational use license for inspection. Failure to present the license subjects the recreationist to a civil penalty pursuant to ARM 36.25.157.Mont. Admin. r. 36.25.146
NEW, 1992 MAR p. 568, Eff. 3/28/92; AMD, 1994 MAR p. 2539, Eff. 9/9/94; AMD, 1995 MAR p. 1047, Eff. 6/16/95; TRANS, 1996 MAR p. 2384; AMD, 1997 MAR p. 315, Eff. 2/11/97.77-1-106, 77-1-209, 77-1-802, and 77-1-804, MCA; IMP, 77-1-106, 77-1-801, 77-1-802, 77-1-804, and 77-6-210, MCA;