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SB 63 - Revise law related to the use of motion-tracking devices while hunting

bigsky2

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The hearing for SB 63 is tomorrow at 3:00 in the Senate Fish & Game committee. If you think using thermals and drones to locate animals isn’t fair chase, I encourage you to testify in support of the bill, and send a message to the committee. In my opinion, the bill falls short, and I plan to say so in my testimony. However, it is an improvement from the current regulations.

Here’s the link to the committee where you can sign up to testify or comment.


Here’s a link to the bill.

 
This one can be a little confusing so just to clarify thermal imagers are considered motion tracking devices by commission rule. The reason and need for this law is that currently use of these devices prior to daylight big game hunting is not able to be charged and prosecuted as hunting under this statute. This bill langauge came out of FWP so if your for making changes that help FWP with enforcement on this one than I encourage you to support it.

I agree with @bigsky2 that the calendar day prohibition timeframe doesn’t quite go far enough and would like to see a 24 hour or even better a 48 hour timeframe. This will not affect your ability to predator hunt with these devices as long as you abide by the timeframes before big game hunting.
 
What is this improving?

Outside of a suppressor/silencer (ATF approved) - what are they referring to in (c)? Why add section (c)?

(c) while hunting, use any device or mechanism devised to silence, muffle, or minimize the report of any firearm, whether the device or mechanism is operated from or attached to any firearm. This subsection (1)(c) does not prohibit the use of a device or mechanism registered with the bureau of alcohol, tobacco, firearms and explosives to silence, muffle, or minimize the report of a firearm when hunting wildlife.

This is as it currently stands. The same calendar day or as worded currently, "...during the same day". Nothing changed within this writing or am I missing something? An airplane, helo pilot, or drone (UAV) user may not use information gathered the same calendar day to hunt or report to others the location to hunt - during the same day. Same meaning as "Calendar day". Something I am not understanding?

(d) while hunting or within the same calendar day that a person intends to hunt or has hunted, use any electronic motion-tracking device or mechanism, as defined by commission rule, that is designed to track the motion of a game animal and relay information on the animal's movement to the hunter relays information 25 26 27 on the movement of any game animal, fur-bearing animal, upland game bird, or migratory game bird to the hunter. A person may not communicate the location of any game animal, fur-bearing animal, upland game bird, or migratory game bird to another person as an aid to hunting within the same calendar day of using an electronic motion-tracking device or mechanism to locate the animal or bird.
 
Reviewing the existing law, there is no proposed change to MCA 87-6-401 Section 1, subsection C. The proposed change surrounds subsection D, which appears to be an attempt to establish restrictions for using electronic tracking equipment during a calendar day to give a hunter an advantage, and to prevent a person from sharing the information with another for use to their advantage. It adds fur-bearing animals, game birds, and migratory birds as protected from such disadvantage as well. The point being to prevent an unfair advantage, I also think a specific time limit (i.e. 24 hours, or 48 hours) is much more defined, restrictive and enforceable than "calendar day"
 
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