I called Montana FWP Licensing to get some of these questions clarified. To keep everything in context, the full Montana PREFERENCE POINT law is below. It was changed in 2021.
- “Former” law is
crossed out
- “New” law is
underlined
- RED text is added by me based on the call with FWP, and applies to the paragraph above it.
Not shown, but FYI - last year, and only for 2021, NR hunters that had a contract with an outfitter were all able to get a general license - that is no longer true - they will have to draw just like everyone else in the same pool. Hope this is more helpful than confusing......
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87-2-115. Nonresident elk and deer license preference point system.
- The department shall establish a preference point system to distribute Class B-10 nonresident big game combination licenses and Class B-11 nonresident deer combination licenses.
- Nonresidents applying to purchase a Class B-10 or Class B-11 license may purchase a preference point, upon payment of a nonrefundable
$50 $100 fee, that gives an applicant who has more preference points priority to receive a Class B-10 or Class B-11 license over an applicant who has purchased fewer preference points.
*** - I did not ask FWP the question, but someone here asked if you get a PP if you don’t draw. There is no freebie here – if you want a PP you pay for it. Additionally, let's say you were automatically awarded a freebie PP if you did not draw, this would give you 1 PP for next year. Having 1 PP is worse than having 0 PP. Would you really want that?
An applicant may:
purchase only one preference point per license year
except a nonresident hunting with an outfitter licensed pursuant to Title 37, chapter 47, part 3, and providing the documentation required in subsection (8), may purchase two preference points per license year. No applicant may accumulate more than three preference points total.; and
*** - FWP confirmed that the system will not allow one to apply for PP that would put them over the maximum of 3 PP. So, someone here asked if they can accumulate 3 then apply for another with the license application - they cannot. They did not have an answer when asked if they have a plan for the day when 3 PP are not 100% draw. I made it clear that I am not even sure that is a possibility. If the day comes, it would mean that 3 PP would put you in the top of the license draw, but not guaranteed. As someone mentioned, this defeats the purpose of PP.
purchase a preference point without applying for a Class B-10 or Class B-11 license. An applicant not applying for a Class B-10 or Class B-11 license may purchase a preference point only between July 1 and
September 30 December 31 of that license year.
The department shall delete an applicant's accumulated preference points if the applicant does not apply for a Class B-10 or Class B-11 license for 3 consecutive years.
***- FWP confirmed that the system WILL NOT allow one to buy a PP if they had applied for a B-10 or B-11 license that year. In other words, you cannot apply for a license, not get drawn, then buy a PP later in the year.
(4)
(a) Except as provided in subsection (3)(b), the department may not delete an applicant's
accumulated preference points unless the applicant obtains the license applied for, in which case the The department shall delete
the an applicant's accumulated preference points
if the applicant:
obtains a Class B-10 or Class B-11 license; or does not apply for a Class B-10 or Class B-11 license in consecutive years.
***FWP confirms that if you apply for a license AND a LE permit, then do not get drawn for the permit, you can still get a refund, BUT you have already “obtained” the license so your PP are zeroed out. I don't hunt LE permit units, but those that do will likely find this an additional complication trying to time their PP for the license draw and the BONUS POINTS with the LE draw. Good luck.
(b) If an applicant is unsuccessful in drawing a Class B-10 or Class B-11 license, the department shall
allow the applicant to keep and apply preference points to subsequent drawings if done in consecutive years.
***See the red text below if ever considering "outfitter" PP.
The department shall issue 75% of the Class B-10 and Class B-11 licenses made available for purchase pursuant to 87-2-505 and 87-2-510 by drawings in which the licenses are awarded to applicants in the order of which applicants have purchased the greatest number of preference points. If the number of licenses to be issued under this subsection exceeds the number of applicants who have purchased preference points, the remaining licenses must be added to the licenses issued pursuant to subsection (6).
The department shall issue 25% of the Class B-10 and Class B-11 licenses made available for purchase pursuant to 87-2-505 and 87-2-510 by drawings in which the licenses are awarded to applicants who have not purchased any preference points. If the number of licenses to be issued under this subsection exceeds the number of applicants who have not purchased preference points, the remaining licenses must be added to the licenses issued pursuant to subsection (5).
Up to five applicants may apply as a party under this section. The department shall use an average of the number of preference points accumulated by those applicants to determine their priority in receiving licenses issued pursuant to subsection (5). The department shall
use any fraction that results from the calculation of an average when determining that priority calculate the average rounded to the third decimal place.
A nonresident purchasing a second preference point pursuant to subsection (3)(a) shall provide
written affirmation at the time of application indicating the name and license number of the outfitter with whom the person intends to hunt. If the nonresident obtains the license applied for with the preference points purchased pursuant to subsection (3)(a), the nonresident may only use the license when accompanied by an outfitter or the outfitter's designee licensed to provide guiding services.
***FWP confirmed that “outfitter” PP are indeed just that. If in 2022 you meet the outfitter requirements and apply for one PP and the additional “outfitter” PP. You have 2 going in to the draw. If you do not draw, then decide next year to go DIY, your “outfitter” PP does not apply. You would only have 1 PP.
(a) Fees collected from a nonresident purchasing a second preference point pursuant to subsection (3)(a) must be allocated as follows:
25% to public access land agreements established pursuant to 87-1-295;
25% to hunting access programs established pursuant to 87-1-265;
25% to the future fisheries program established in 87-1-272 with a priority given to funding projects
that provide public access through private property; and
25% to the purchase of permanent easements through private property to access otherwise inaccessible lands. An easement funded by this subsection (9)(a)(iv) may be granted only across private land to public land that is leased by the landowner, public land for which there is no leaseholder, or public land for which the landowner has consent of the leaseholder.
The department may expend up to 10% of the revenue allocated pursuant to subsection (9)(a) to pay administrative costs incurred by the department for the purposes outlined in subsection (9)(a), including but not limited to contracting and transaction costs incurred by the department or entities partnering with the department, and for providing support to the private land/public wildlife advisory committee for its review of public access land agreements pursuant to 87-1-295.
At the end of each fiscal year, funds allocated pursuant to subsection (9)(a) that remain unobligated are available to the department for any purpose pursuant to 87-1-201(3)."