The Citizen Science Manual
A Guide for Starting or Participating in Data Collection and Environmental Monitoring Projects
Montana
(information last updated Fall 2017)

Ongoing Projects: |
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State Project: |
The Montana Department of Environmental Quality (DEQ) supports a volunteer water quality monitoring group, Montana Watercourse, with grants. See Water Monitoring, Montana Water Center, http://www.montanawatercenter.org/water-monitoring (last visited Apr. 10, 2017). We were unable to find any statutory authority for these grants, which DEQ appears to have issued on its own initiative. |
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Collection of Information: |
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Ag-Gag Law: |
“A person who does not have the effective consent of the owner and who intends to damage the enterprise conducted at an animal facility may not: (a) damage or destroy an animal facility or an animal or property in or on the premises of an animal facility; (b) enter an animal facility that is at the time closed to the public with the intent to commit an act prohibited by this chapter; (c) remain concealed in an animal facility with the intent to commit an act prohibited by this chapter; (d) enter an animal facility and commit or attempt to commit an act prohibited by this chapter; [or] (e) enter an animal facility to take pictures by photograph, video camera, or other means with the intent to commit criminal defamation” Mont. Code Ann. § 81-30-103. “A person convicted of an act that violates [this provision] and that results in more than $500 in damage or destruction shall be fined not more than $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.” Mont. Code Ann. § 81-30-105. (f) enter or remain on the premises of an animal facility if the person: (i) had notice that the entry was forbidden; or (ii) received notice to depart but failed to do so.” Mont. Code Ann. § 81-30-103.
“Animal facility” includes “a vehicle, building, structure, research facility, or premises where an animal is lawfully kept, handled, housed, exhibited, bred, or offered for sale.” Mont. Code Ann. § 81-30-102.
“A person convicted of an act that violates [81-30-103](2)(a) through (2)(e) and that results in more than $500 in damage or destruction shall be fined not more than $50,000 or be imprisoned in the state prison for a term not to exceed 10 years, or both.” Mont. Code Ann. § 81-30-105. |
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Trespass Laws: |
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Criminal Liability for Trespass Despite Lack of Notice: |
No. “Privilege to enter or remain upon land is extended . . . by the failure of the landowner . . . to post notice denying entry[.]” Mont. Code Ann. § 45-6-201. |
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Other Provisions: |
See supra “Ag-Gag Law.” |
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Stalking Laws: |
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Criminal Law: |
“A person commits the offense of stalking if the person purposely or knowingly causes another person substantial emotional distress or reasonable apprehension of bodily injury or death by repeatedly: (a) following the stalked person; or (b) harassing, threatening, or intimidating the stalked person, in person or by mail, electronic communication, as defined in 45-8-213, or any other action, device, or method.” Mont. Code Ann. § 45-5-220. |
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Use of Information: |
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Although incomplete, our research has not found any provisions relating to the use of information collected by citizens in enforcement or administrative/legislative actions. |
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Evidentiary Standards: |
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Pleading a Claim: |
Requires certification that “the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.” Mont. R. Civ. P. 11. |
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Authentication or Chain of Custody: |
“The requirement of authentication or identification as a condition precedent to admissibility is satisfied by evidence sufficient to support a finding that the matter in question is what its proponent claims.” Mont. R. Evid. 901. |
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Expert Testimony: |
Daubert standard, but only for novel science. See State v. Damon, 119 P.3d 1194, 1198 (Mont. 2005); State v. Moore, 885 P.2d 457, 471 (Mont. 1994). |
Discussion
Please note that this discussion is not moderated by the Emmett Environmental Law & Policy Clinic.