Trail cameras in Montana

[vandeman17]

I started a discussion in another thread and didn't want to thread jack and lose the integrity of the OP so I decided to start a new thread. Here is the quote I am responding to about the legality of trail cameras in Montana.

If u get a bear on a trail camera then u arent allowed to hunt for that bear in that area if u are hunting bear... Thats for washington state anyway... correct me if im wrong but its somewhere along those lines..

I don't believe that is true in Washington. Correct me if I am wrong guys but you just can't hunt the bear if you used bait to attract him to your camera. If you just happened to catch one then you are fine.

Back to the original topic but as far as I have heard and read, you can't use a trail camera in Montana during any sanctioned hunting season. I have even heard that you can get in trouble by a gamie if you have a trail camera in your truck during hunting season and he believes you were going to use it but I may be wrong on that one.

[JLS]

There is nothing in WA that prohibts hunting an animal that is on a trail cam.  You are correct, if he's coming in to a bait, then that bear would be off limits.

In Montana you cannot use them during any hunting season.  However, to say that you can't have one in your truck is quite a stretch.  Just another urban legend.

[vandeman17]

There is nothing in WA that prohibts hunting an animal that is on a trail cam.  You are correct, if he's coming in to a bait, then that bear would be off limits.

In Montana you cannot use them during any hunting season.  However, to say that you can't have one in your truck is quite a stretch.  Just another urban legend.

Having it in your truck is just what I heard from a buddy. He said that he got stopped once to check a license and the gamie said that technically he could write him a ticket but that he wouldn't. I think it is similar to where a cop technically could write you a ticket for doing 71 in a 70 but they won't in general.

[JLS]

I'd say either your buddy is embellishing or distorting the conversation, or the Game Warden is full of $hit.  Unless the law specifically prohibits the possession of a trail camera during hunting season, it would never hold up in court.  Now, if he had it in his pack, that's another story. 

[vandeman17]

I believe he had just got back to his truck from a hike and had it sitting in the back seat. I don't recall exactly but that is what my vanishing memory tells me.

I wonder how many weeks there actually is nothing open to hunting? 

[bobcat]

Do you have to be hunting in Montana to be cited for using a trail cam during a hunting season? Say you have it out before deer season opens and a deer tag is all you have purchased. Bear season is open, but you're not hunting bears. Would trail camera use still be illegal?

Or say you live in Montana and you're not even a hunter. You just like to see pictures of the animals on your property. Are you not allowed to use a trail cam?

[vandeman17]

Do you have to be hunting in Montana to be cited for using a trail cam during a hunting season? Say you have it out before deer season opens and a deer tag is all you have purchased. Bear season is open, but you're not hunting bears. Would trail camera use still be illegal?

Or say you live in Montana and you're not even a hunter. You just like to see pictures of the animals on your property. Are you not allowed to use a trail cam?

That is a darn good question and wish I had an answer for it. 

[LittleJohn]

I live in Montana and am from WA. Between general season, wolf season, lion season, there is only 3 months out of the year that there is not a hunting season. The local game warden told me that he only considers the general big game season as the trail cam restrictions (Sept-end of Nov)

Pg 14 of the 2013 Mont regs:

It is illegal for a person to possess or use in the field any electronic or camera device whose purpose is to scout the location of game animals or relay the information on a game animals location or movement during any commissioned-adopted hunting season.

Clear as mud, right

[vandeman17]

I live in Montana and am from WA. Between general season, wolf season, lion season, there is only 3 months out of the year that there is not a hunting season. The local game warden told me that he only considers the general big game season as the trail cam restrictions (Sept-end of Nov)

Pg 14 of the 2013 Mont regs:

It is illegal for a person to possess or use in the field any electronic or camera device whose purpose is to scout the location of game animals or relay the information on a game animals location or movement during any commissioned-adopted hunting season.

That is great to know but I wonder if a different game warden would be different and would write you a ticket if during the other seasons. I don't really agree with the rule but it is what it is.

[pendoreilleadventures]

I think the main reason they made he laws is because of the way some outfitters and guides were using the cameras. Basically using tons of cell phone trail cams and only send out clients when the animals were at that cam site.

[LittleJohn]

I too wonder if different wardens have different opinions? I just stick to June, July, and August and call it good.

I guess if your not a licensed hunter and you dont tell other hunters what is on your camera you can have them up year round

[vandeman17]

I too wonder if different wardens have different opinions? I just stick to June, July, and August and call it good.

I guess if your not a licensed hunter and you dont tell other hunters what is on your camera you can have them up year round

EXACTLY! 

[GoldTip]

I live in Montana and am from WA. Between general season, wolf season, lion season, there is only 3 months out of the year that there is not a hunting season. The local game warden told me that he only considers the general big game season as the trail cam restrictions (Sept-end of Nov)

Pg 14 of the 2013 Mont regs:

It is illegal for a person to possess or use in the field any electronic or camera device whose purpose is to scout the location of game animals or relay the information on a game animals location or movement during any commissioned-adopted hunting season.

Clear as mud, right

Being from Montana (live in WA.) and having discussed this with several game wardens, I am unsure as to how the regulation  is "clear as mud."  It is very well written and outlined.  If there is a commission adopted season open for any species, then game cams can not be used. Period.  It seems very clear from where I stand.  Is it appropriate?  No, not at all in my opinion.  But it is very clear.  Basically you can use game cams during the summer in Montana.

[billdo5]

Ok i thought i was somewhat close on that....

[JLS]

Vandeman,

I stand corrected, looks like your buddy could have gotten zapped for having it in his truck while out hunting.