Montana rules

One thing I didn't realize until talking with a buddy this year - if you're hunting a unit that allow spikes (this does not apply in an either-sex unit), a "spike" with a 4"+ tine in the upper half of the antler (not particularly uncommon) is not a spike. Nor is it a brow tine bull. For all intents and purposes, it's a unicorn and you can't kill unicorns.
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One thing I didn't realize until talking with a buddy this year - if you're hunting a unit that allow spikes (this does not apply in an either-sex unit), a "spike" with a 4"+ tine in the upper half of the antler (not particularly uncommon) is not a spike. Nor is it a brow tine bull. For all intents and purposes, it's a unicorn and you can't kill unicorns.
View attachment 239599
I have heard it stated in the past that this is part of the reason for some of the weird antler configurations that come out of some of the LE districts for elk that allow spike hunting. Those "Spikes" with a branch in the upper part of their antlers survive (or at least they are supposed to since they are illegal to shoot) that first year and then end up being over represented in the population that gets older. These are still first year elk, at least most of them should be, and those genetics are the ones that make it through.

Have not seen any data on this, but it does make some sense.
 
Not according to the warden I asked.
Sometimes Fish & Game Officers don't "know what they think they know" as to the rule(s). Hey, they are human just like me - except they are on their third divorce in five years and having a really difficult day.

The OP is right to ask questions ahead of any event. Learn all you can. Take a copy of the regs with you. It might facilitate a discussion (and avoid a ticket) or worse.

Enjoy your hunt!
 
Evidence of Sex (MCA 87-6-406)
A person who kills a game animal in this state shall retain evidence of sex of the animal with the carcass until it is processed. The provisions of this section do not apply to a game animal harvested using a license with which either sex of the animal may be taken. Evidence of sex does not need to be naturally attached. A person who kills a game animal in a hunting district where the harvest is limited by the animal’s antler point or horn size shall retain the antlers or horns until the carcass is processed.
 
If I fill my general deer tag this fall I’m not keeping evidence of sex and any warden wants to tell me different can pound sand as this is straight out of the regs .
 
Obviously you have to hunt in a hd where regs allow for either sex on gen tag
 
One thing I didn't realize until talking with a buddy this year - if you're hunting a unit that allow spikes (this does not apply in an either-sex unit), a "spike" with a 4"+ tine in the upper half of the antler (not particularly uncommon) is not a spike. Nor is it a brow tine bull. For all intents and purposes, it's a unicorn and you can't kill unicorns.
View attachment 239599
It's bad luck to shoot a unicorn
 
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