76-10-102. Definitions. As used in this part, the following definitions apply:

(1) "Buyer" means a person who purchases or acquires wildcrafted plant material, other than materials acquired directly from the property owner, for the purposes of resale.

(2) "Commercial purposes" means the harvest of wildcrafted plant material for the purpose of selling, trading, or otherwise exchanging the material for profit.

(3) "Landowner" means a person or entity of any nature, whether private, governmental, or quasi-governmental, and includes the landowner's agent, tenant, lessee, or occupant, a grantee of a conservation easement, a water users' association, an irrigation district, a drainage district, or persons or entities in control of property or with an agreement to use or occupy property.

(4) "Other jurisdictional entity" means the federal government or a tribal government.

(5) "Person" includes an individual, partnership, association, corporation, and any other body or group of persons, whether incorporated or not and regardless of the degree of formal organization.

(6) "Property" means land, roads, water, watercourses, and private ways. The term includes any improvements, buildings, structures, machinery, and equipment on property.

(7) "Seller" means a person who sells wildcrafted plant material.

(8) "Transport" means the physical conveyance of wildcrafted plant material away from the site of wildcrafting and includes but is not limited to transportation by:

(a) a motor vehicle designed for use on improved roadways;

(b) a boat, barge, raft, or other water vessel; or

(c) an airplane, helicopter, balloon, or other aircraft.

(9) (a) "Wildcraft" means to collect, harvest, or separate by cutting, prying, picking, peeling, breaking, pulling, digging, splitting, or otherwise removing uncultivated plants or plant parts from their physical connection or point of contact with the ground or vegetation upon which they are growing or from the place or position where they lay for commercial purposes.

(b) The term does not include the collection of:

(i) plant material used for a campfire; or

(ii) amounts intended for personal consumption.

(10) "Wildcrafted plant material" means any plant or part of any plant species that is not cultivated and that is growing wild on any lands in Montana.

(11) "Wildcrafter" means a person who wildcrafts plants.

History: En. Sec. 2, Ch. 282, L. 2001.