November 1, 2013
- 187 Game
- 187k4 k. Constitutional and Statutory Provisions.
Regulation establishing legal shooting times during big game hunting season as beginning one-half hour before sunrise and ending one-half hour after sunset, and cross referencing sunrise-sunset timetables, was not unconstitutionally vague or ambiguous, notwithstanding hunter’s contention that cross referencing was confusing, that term “sunrise” should mean actual sunrise, and that timetables incorrectly indicated day on which daylight savings time began; there was no indication that hunter in fact relied on actual sunrise time as opposed to timetable sunrise time on day on which he was alleged to have violated regulation, and regulation clearly identified time of sunrise on date of hunter’s infraction.
State v. Johnston, 867 P.2d 1090 (Mont. 1994)