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State v. Egdorf9/25/2003
peculiarly within its police power and the state has great latitude in determining by what means are appropriate for protecting wildlife." Baldwin v. Fish and Game Commission of Montana (1978), 436 U.S. 371, 391, 98 S.Ct. 1852, 1864, 56 L.Ed.2d 354, 370 (citing LaCoste v. Dept. of Conservation (1924), 263 U.S. 545, 552, 44 S.Ct. 186, 68 L.Ed. 437). Numerous Montana cases have additionally recognized the State's power to protect public wildlife resources through regulations designed for that purpose. State v. Boyer , 2002 MT 33, 22, 308 Mont. 276, 22, 42 P.3d 771, 22; State v. Huebner (1992), 252 Mont. 184, 188, 827 P.2d 1260, 1263; Nepstad v. Danielson (1967), 149 Mont. 438, 440, 427 P.2d 689, 691.
We conclude, therefore, that the State has a legitimate governmental interest in preserving its wildlife. Extending the period prescribed for prosecuting misdemeanor violations of fish and game laws to three years is a reasonable exercise of the State's legitimate police power. The statute of limitations set forth in § 45-1-205(5) and (6), MCA, is reasonably related to a permissive legislative purpose and, accordingly, does not violate principles of substantive due process. Consequently, the District Court did not err in denying Egdorf's motion to dismiss.
Affirmed.
We concur
KARLA M. GRAY
W. WILLIAM LEAPHART
PATRICIA COTTER
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