Before restitution may be ordered pursuant to 87-6-906 or 87-6-907, the finder of fact at trial or the court upon entry of a guilty or nolo contendere plea shall find that the illegal killing or possession was done knowingly or purposely as defined in 45-2-101. This finding is not required for state reimbursement under 87-6-906 when bond or bail is forfeited; (1) Except as provided in 87-6-907 and in addition to other penalties provided by law, a person convicted or forfeiting bond or bail on a charge of the illegal taking, killing, possession, or waste of a wild bird, mammal, or fish listed in this section shall reimburse the state for each bird, mammal, or fish according to the following schedule: (a) mountain sheep and endangered species, $2,000; (b) elk, caribou, bald eagle, black bear, wolf, and moose, $1,000; (c) mountain lion, lynx, wolverine, buffalo, golden eagle, osprey, falcon, antlered deer as defined by commission regulation, bull trout longer than 18 inches, and adult buck antelope as defined by commission regulation, $500; (d) deer not included in subsection (1)(c), antelope not included in subsection (1)(c), fisher, raptor not included in subsection (1)(c), swan, bobcat, white sturgeon, river-dwelling grayling, and paddlefish, $300; (e) fur-bearing animals that are not listed in subsection (1)(c) or (1)(d), $100; (f) game bird (except swan), $25; (g) game fish, $10. (2) When a court enters an order declaring bond or bail to be forfeited, the court may also order that some or all of the forfeited bond or bail be paid as restitution to the state according to the schedule in subsection (1). A hearing to determine the amount of restitution, as required under 46-9-512, is not required for an order of restitution under this section; In addition to other penalties provided by law, a person convicted or forfeiting bond or bail on a charge of purposely or knowingly illegally killing, taking, possessing, or wasting a trophy animal listed in this section shall reimburse the state for each trophy animal according to the following schedule: (1) mountain sheep with at least one horn equal to or greater than a three-fourths curl as defined by commission regulation, $30,000; (2) elk with at least six points on one antler, as defined by commission regulation, or any grizzly bear, $8,000; (3) moose having antlers with a total spread of at least 30 inches, as defined by commission regulation, or any mountain goat, $6,000; (4) antlered deer with at least four points on one antler as defined by commission regulation, $8,000; (5) antelope with at least one horn greater than 14 inches in length as defined by commission regulation, $2,000; (1) In each case of conviction, the court before which the conviction is obtained shall order payment of the sum stated in 87-6-906 or 87-6-907. (2) Failure to make payment in the time and manner prescribed by the court constitutes civil contempt of court and is punishable as provided in Title 3, chapter 1, part 5.
Citation: Mont. Code Ann. § 87-6-905 through 908 (West); Cross reference: source of funding for remedial hunters training