Are basic trail cameras legal in Montana during hunting season?

[Roughwater]

I am hunting Elk in Montana for the first time this year. I've hunted other states just never Montana. A friend told me trail cameras were Illegal in Montana. I looked it up online and came across a old statement from 2013 that basically said they were illegal to use during hunting season. But a newer thread I found on Hunt Talk I just came across from 2017 said they were legal to use during hunting season but some felt it was unethical. I'm not addressing the ethical part but would like to know if it's legal or not to use a basic trail camera during Elk season? Thanks in advance for your response.

 

[Dan O]

Call Mt FW&P in Helena and ask them. Don't rely on others to give you the information on this or other legal questions. A wrong answer could get you a ticket and fine.

 

[longbow51]

Not legal to use cameras for any big game species during hunting season. You can download all the regulations at Montan FWP. Also, no scouting using drones or aircraft. No walkie-talkies.

 

[Roughwater]

Call Mt FW&P in Helena and ask them. Don't rely on others to give you the information on this or other legal questions. A wrong answer could get you a ticket and fine.

True that, but I'm also curious as to what the response would be to the question. I would hope any regular Montana hunter would know and I may not be the only one curious to see the answer to that question.

 

[Big Sky Guy]

They are legal to use during season as of 2 or 3 years ago. I’ve talked to the local game warden and confirmed it (he used photos from a trail camera I had up in September). The ones that transmit to your phone are not legal during season.

I use them primarily for scouting new locations. I’ve found that even using them during the season they don’t provide the same advantages as with whitetails back East - elk are so nomadic, it basically just lets you know that elk were there. I like getting pics so I use them, setting them up on wallows in august through September has worked the best for me. Also be sure to hang them higher, I place them about 6-7ft off the ground. I’ve had issues with bears and elk messing with them so now I take a paper towel soaked in isopropyl alcohol in a ziploc and wipe the camera off after I close it all up. It seems to have helped as I haven’t had any mess with them since I started doing this.

 

[Dan O]

Well I don't use them myself so checking out the reg's regarding them is something I have not done. But I believe if you go to the Mt FW&P web site regarding this issue you should be able to find the answer. Sometimes their site is hard to navigate but can be done. So a simple phone call would work also.
As far as my opinion of trail cameras may differ with your opinion or whom ever reads this. I enjoy seeing the pictures posted here. On the other hand I disagree with using them to aid in targeting a animal to harvest. Just my opinion I don't feel comfortable as to what I feel is fair chase. Others will highly disagree with that but that's my opinion and it works for me.

 

[Roughwater]

They are legal to use during season as of 2 or 3 years ago. I’ve talked to the local game warden and confirmed it (he used photos from a trail camera I had up in September). The ones that transmit to your phone are not legal during season.

That's what I thought but the water was a bit muddy on that issue. I went online to the Montana FG&P and could find most anything except what I was looking for.

 

[Big Sky Guy]

Motion-Tracking Devices - Bottom right of page 23 of the 2020 Montana FWP regs, continues on to page 24.

 

[Big Sky Guy]

Well I don't use them myself so checking out the reg's regarding them is something I have not done. But I believe if you go to the Mt FW&P web site regarding this issue you should be able to find the answer. Sometimes their site is hard to navigate but can be done. So a simple phone call would work also.
As far as my opinion of trail cameras may differ with your opinion or whom ever reads this. I enjoy seeing the pictures posted here. On the other hand I disagree with using them to aid in targeting a animal to harvest. Just my opinion I don't feel comfortable as to what I feel is fair chase. Others will highly disagree with that but that's my opinion and it works for me.

Virtue signal received.

 

[Roughwater]

Well I don't use them myself so checking out the reg's regarding them is something I have not done. But I believe if you go to the Mt FW&P web site regarding this issue you should be able to find the answer. Sometimes their site is hard to navigate but can be done. So a simple phone call would work also.
As far as my opinion of trail cameras may differ with your opinion or whom ever reads this. I enjoy seeing the pictures posted here. On the other hand I disagree with using them to aid in targeting a animal to harvest. Just my opinion I don't feel comfortable as to what I feel is fair chase. Others will highly disagree with that but that's my opinion and it works for me.

I respect anyone's opinion especially when it comes to Ethics. I don't use them much. Personally I wouldn't use them to target a specific animal but I like knowing if any animals are in the area and what animals, Including bear.

 

[Sytes]

A thread on this subject:

MT trail camera law change

Sportsmans warehouse in Helena has the new rule posted next to the trail cameras and employees are saying it is legal to use trail cameras that do not transmit during the hunting season now. Anybody know if this is true??

www.hunttalk.com

Call FWP to get the Captain's take. If its not transmitting to the person live (real time)... well?
FWP Regs:

Motion-Tracking Devices
(MCA 87-6-401)
It is unlawful for a person, while hunting,
to possess any electronic motion-tracking
device or mechanism that is designed
to track the motion of a game animal
and relay information on the animal’s
movement to the hunter.
Motion tracking devices are defined by
F&W Commission as remote operated
camera or video devices capable of
transmitting real time information,
pictures or videos; seismic devices;
thermal imaging devices; and satellite and
radio telemetry devices.
A radio-tracking collar attached to a dog
that is used by a hunter engaged in lawful
hunting activities is not considered an
unlawful motion-tracking device.

 

[Roughwater]

If Sportsmans Warehouse says something it's like a legal document I'm sure! Hopefully they got that message to all the game wardens as well?

 

[Sytes]

Side note, thought this was cool...

Archery Equipment (MCA 87-6-401, CR)

Exception:
Lighted nocks are allowed. Camera
devices attached to bows for the sole
purpose of filming is allowed

Had thought any electronic device attached to a bow... even the light device to illuminate the range sights were illegal... now to find out I can attach a go-pro to the bow... hmm.

 

[Roughwater]

Side note, thought this was cool...


Had thought any electronic device attached to a bow... even the light device to illuminate the range sights were illegal... now to find out I can attach a go-pro to the bow... hmm.

Good to know.

 

[Wildabeest]

Two things I really like about trail cameras. First is recording the antler growth progression throughout the spring and summer of individual animals. Second is that it gives me an additional motivation to get out in the field when it’s 90 degrees and I can invent all kinds of reasons not to. Like someone else said, “it’s like a kid at Christmas” feeling when I check the pictures to see what’s on there.

I’m usually pretty committed to an area before I put a camera there. I’ve already scouted it and have confidence there’s game there. So I’m going to hunt it regardless of what I see on the camera. The camera does provide information on the actual animals that are there, which may influence whether I choose to take a particular animal if I know there is something bigger frequenting the area. It also let’s me pattern the animals to know at what times of day they are typically moving in and out of that area. So the cameras do provide some hunting advantage - whether it’s “unfair” advantage or not, each person will need to judge that for themselves. I’d say e-scouting provides a much bigger advantage to me than my trail cams do as it relates to scouting an area without having boots on the ground.

 

[Straight Arrow]

Motion-Tracking Devices (MCA 87-6-401) It is unlawful for a person, while hunting, to possess any electronic motion-tracking device or mechanism that is designed to track the motion of a game animal and relay information on the animal’s movement to the hunter. Motion tracking devices are defined by F&W Commission as remote operated camera or video devices capable of transmitting real time information, ...

Excerpted from the MT FWP 2020 Regulations. I'm sure the wannabe legaleze interpreter armchair rangers will nitpick the meaning ... but best advice is not to use a trail camera during hunting season, esp in an area you are hunting elk.

 

[Sytes]

and relay information on the animal’s movement to the hunter.

Not much to nitpick...

You missed the remainder... quoted above...

Motion tracking devices are defined by
F&W Commission as remote operated
camera or video devices capable of
transmitting real time information,
pictures or videos

 

[Roughwater]

Motion-Tracking Devices (MCA 87-6-401) It is unlawful for a person, while hunting, to possess any electronic motion-tracking device or mechanism that is designed to track the motion of a game animal and relay information on the animal’s movement to the hunter. Motion tracking devices are defined by F&W Commission as remote operated camera or video devices capable of transmitting real time information, ...

Excerpted from the MT FWP 2020 Regulations. I'm sure the wannabe legaleze interpreter armchair rangers will nitpick the meaning ... but best advice is not to use a trail camera during hunting season, esp in an area you are hunting elk.

Actually I don't see it needing any interpretation. Says if it's a remote operated camera or video devices capable of transmitting real time information it's illegal.
A basic trail camera is Remotely operated in a way but it also says it has to be capable of Transmitting. Your basic trail camera doesn't have the capability to transmit anything. To see anything you have to transport your body to the camera, open it up look at a memory stick to know what it took a pick of. You don't view the pics in real time, you see them after you physically pull the chips.
So you kinda answered your own question. Seems clear your basic Trail Camera is good to go but your Cell phone type trail camera is illegal.

 

[Straight Arrow]

You missed the remainder... quoted above...

No, I read it all. The excerpt was meant to reference the OP to the Regs. Actually the first sentence describes the regulation. The rest is just drilling down.

Seems clear your basic Trail Camera is good to go ...

Seems clear to you but still I say hanging a camera of any kind in your elk hunting area during elk season is "not a good idea, Yogi!"

 

[Sytes]

The OP specifically stated, "basic" trail camera.

Flow chart >

Is the game camera capable of transmitting real time information, pictures or videos?

If yes = illegal.

If no = legal.

Simple.