Mont. Admin. R. tit. 12 | Mont. Admin. R. Title 12 — Fish, Wildlife and Parks

Chapter 12.1 Organizational Rule

Subchapter 12.1.1 Organizational Rule

Mont. Admin. R. 12.1.101 Organization of Department

(1) The Department of Fish and Game was established under executive order by the Governor effective July 1, 1972. Its name was changed to Department of Fish, Wildlife and Parks effective July 1, 1979. Section 2-15-3401, MCA, creates the department. Its functions are set forth in Title 23 and Title 87 and other MCA sections.

(2) Director . The Governor appoints the director of the Department of Fish, Wildlife and Parks. The director is the chief administrative officer of the department. The director oversees the development of department policy, planning, and management operations and has direct authority over all employees of the department.

(3) Montana Fish and Wildlife Commission . The Governor appoints the five members who serve for four-year terms until their successors are appointed and qualified. The Governor appoints the commission chairman. The commission is generally responsible for the hunting, fishing, and trapping rules of the department, approval of the fish and wildlife budget, and for the overall fish and wildlife policy direction. Except as provided in 23-1-111, MCA, the commission is responsible for the rules for recreational use of department lands and waters and approval of land acquisitions. Though independent of the Montana Parks and Recreation Board, the commission works collaboratively to maintain Montana's hunting, fishing, and recreational opportunities.

(4) Montana State Parks and Recreation Board . The Governor appoints the five members who serve for four-year terms until their successors are appointed and qualified. The Governor appoints the board chairman. The board is generally responsible for overseeing state parks, public campgrounds, and other heritage and recreational resources. Their powers and duties include setting policy and direction, establishing rules, approving land transactions, and reviewing budgets as provided in 23-1-111, MCA. Though independent of the Fish and Wildlife Commission, the board works collaboratively to maintain Montana's hunting, fishing, and recreational opportunities.

(5) Functions of the department . The department has four primary programs: fish, wildlife, parks, and agency management, which are jointly developed and implemented by seven divisions and seven geographic regions. The basic premise of this decentralized organizational structure is that division administrators are responsible for policy and program development. The regional supervisors assume responsibility for the daily activities of all regional personnel with the goal of ensuring the proper implementation of department programs.

(6) Department Management . Department management includes the director, deputy director, chief of staff, chief of operations, chief legal counsel, human resources manager, and chief financial officer. Department management provides agency leadership and direction to all divisions and regional offices through the Director's Office. Additional responsibilities include acting as the liaison with the Governor's office, the legislature, Montana's Indian tribes, other state and federal agencies; interacting with the commission and the board; and providing legal, budget and financial management, and human resource services for the department. The deputy director reports directly to the director. The chief of staff, chief of operations, chief legal counsel, human resources manager, and chief financial officer all report directly to the deputy director. The chief of staff is responsible for supervision of the divisions. The chief of operations is responsible for supervision of the regional offices, the responsive management unit, and the lands unit. The chief financial officer is responsible for supervision of the budget bureau and oversees budget and financial data. The human resources manager is responsible for the operation of the human resources unit. The chief legal counsel is responsible for the operations of the legal unit.

(7) Divisions . The Department of Fish, Wildlife and Parks consists of the following divisions:

(a) Fisheries Division;

(b) Wildlife Division;

(d) Enforcement Division;

(e) Communication and Education Division;

(f) Administration Division; and

(g) Technology Services Division.

(8) Division Administrator . An administrator heads each division. The division administrator is a staff officer who advises the director, deputy director, and chief of staff on matters related to resource management, administration of resource programs, or special programs related to the division's area of expertise. Administrators are responsible for policy and program development.

(9) Fisheries Division . The Fisheries Division manages and perpetuates Montana's fish and other aquatic resources and, specifically, maintains optimum fish populations in Montana waters, and provides the diverse, quality angling opportunities that Montanans and visiting anglers demand. The division operates nine fish hatcheries, which are not decentralized and report directly to the hatchery bureau chief.

(10) Wildlife Division . The responsibility of the Wildlife Division is to protect, enhance, and regulate the wise use of the state's wildlife resources for public benefit now and in the future. The division collects the scientific information necessary for managing all wildlife species and their habitats and conducts wildlife research and habitat projects.

(11) Parks and Outdoor Recreation Division . The Parks and Outdoor Recreation Division is responsible for conserving the scenic, historic, archaeological, scientific, natural, and recreation resources in state parks while providing for their use and enjoyment. The division is also responsible for agency access and recreation on lands owned or controlled by the department including fishing access sites and wildlife management areas. The division will also house the new maintenance bureau while the proprietary program is built. Other programs administered by the division include motorized and non-motorized trails and several community grants programs. Program and daily activities at all levels are directed and managed by the division administration.

(12) Enforcement Division . The Enforcement Division enforces all fish, wildlife, and parks laws of Montana, department rules, and commission and board regulations. Division personnel also enforce state boating and snowmobile rules and regulations as well as private property laws.

(13) Communication and Education Division . The Communication and Education Division acts as a clearinghouse for disseminating information on department activities and news items to the media, serves as a contact point for the public requesting information on department business, provides a variety of education and recreation safety programs, and conducts a variety of public use surveys.

(14) Administration Division . The Administration Division is the administrative branch of the department. It is responsible for providing consistent, quality direction to the divisions and regions throughout the agency. Unlike the other divisions, they are a centralized function providing services for accounting, sale of licenses, regional administrative support, purchasing and property management, federal aid administration, and design and construction.

(15) Technology Services Division. The Technology Services Division supports the department in achieving its mission and goals through the application of technology. The division partners with department programs to create innovative solutions, provide information technology leadership, products, and services, ensures compliance of information technology with all statutes, policies, standards and plans, and develops and maintains the department's technology strategy and architecture plans.

(16) Regional Offices . The regional fish and wildlife supervisors are line officers who are the director's representatives in each administrative region. As such, the fish and wildlife supervisor is responsible for the direct supervision of work schedules and personnel for regional fisheries, wildlife, parks and land management, and communication and education. The regional fish and wildlife supervisor is responsible for developing and maintaining an effective network of communication between the director's office, regional personnel, other state and federal agencies, and the general public. The regional offices are located as follows:

(a) Region 1 - 490 North Meridian Road, Kalispell, MT 59901

(b) Region 2 - 3201 Spurgin Road, Missoula, MT 59801

(d) Region 4 - 4600 Giant Springs Road, Great Falls, MT 59406

(e) Region 5 - 2300 Lake Elmo Drive, Billings, MT 59105

(f) Region 6 - 1 Airport Road, Glasgow, MT 59230

(g) Region 7 - 352 I-94 Business Loop, Miles City, MT 59301

(17) Information or submissions . General requests for public information must be submitted in writing and sent to 1420 East 6th Avenue, Helena, Montana 59620 or fwpgeneral@mt.gov. General inquiries regarding hunting, fishing, recreation, and specific questions involving environmental issues may be directed to the Communication and Education Division in Helena or the information officers in the seven regions. Specific information regarding major policies may be addressed to the director or a regional supervisor. Specific inquiries regarding functions of each division may be addressed to the respective administrators.

(18) Personnel roster . The director and division administrators can be contacted at 1420 East 6th Avenue, Helena, Montana 59620, phone 406-444-2535, fax 406-444-4952. Information regarding the department can also be found at www.fwp.mt.gov.

(19) Charts of agency organization . A descriptive chart of the Department of Fish, Wildlife and Parks is attached to this rule and by this reference is incorporated.

History

Authorizing statute(s): 2-4-201, MCA
Implementing statute(s): 2-4-201, MCA
History: Eff. 12/31/71; AMD, Eff. 1/4/74; AMD, Eff. 2/3/75; AMD, Eff. 7/1/79; AMD, Eff. 4/16/82; AMD, Eff. 9/30/83; AMD, Eff. 3/31/84; AMD, Eff. 4/1/88; AMD, Eff. 8/27/91; AMD, Eff. 3/31/98; AMD, Eff. 12/31/98; AMD, Eff. 3/31/02; AMD, Eff. 6/30/03; AMD, Eff. 12/31/05; AMD, Eff. 6/30/09; AMD, Eff. 3/31/14; AMD, Eff. 9/30/19; AMD, Eff. 9/30/21.

Chapter 12.2 Overall Department Rules

Subchapter 12.2.1 Department Rules

Mont. Admin. R. 12.2.101 Overall Department Rules

(1) The Department of Fish, Wildlife, and Parks has herein adopted and incorporated the Attorney General's model procedural rules by reference to such rules as stated in ARM 1.3.101 through 1.3.234.

History

Authorizing statute(s): 2-4-202, MCA
Implementing statute(s): 2-4-202, MCA
History: Eff. 12/31/72.

Subchapter 12.2.2 Notices Available

Mont. Admin. R. 12.2.201 Notices Available from Department Director

(1) Single copies of proposed or final orders, of decisions in contested cases, of declaratory rulings, or of any rule or notice of the Department of Fish, Wildlife, and Parks or the Fish, Wildlife, and Parks Commission will be made available or mailed, without charge, upon request therefor, directed to the Director, Department of Fish, Wildlife, and Parks, 1420 East 6th Avenue, Helena, Montana 59601. Multiple copies will be made available after such request and upon payment of reasonable cost of duplication and mailing as determined by the director.

History

Authorizing statute(s): 2-4-103, MCA
Implementing statute(s): 2-4-103, MCA
History: Eff. 12/31/72.

Subchapter 12.2.3 Guidelines for Citizen Participation

Mont. Admin. R. 12.2.301 Policies and Objectives

(1) Participation of the public is to be provided for, encouraged, and assisted to the fullest extent practicable, consistent with other requirements of state law and the rights and requirements of personal privacy. The major objectives of such participation include greater responsiveness of governmental actions to public concerns and priorities, and improved public understanding of official programs and actions. Although the primary responsibility for wildlife management, outdoor recreation, and other functions of the Department of Fish, Wildlife, and Parks is vested in the department, active public involvement in and scrutiny of the decision making process is desirable to accomplish these objectives. The intent of these regulations is to foster a spirit of openness and a sense of mutual trust and understanding between the public and the department in efforts to maintain and enhance Montana wildlife resources and outdoor recreation opportunities.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, Eff. 4/5/76.

Mont. Admin. R. 12.2.302 Guidelines for Department Programs

(1) A continuing departmental program for public participation shall contain mechanisms of activity for each of the elements listed in this rule. The exact mechanism and extent of activity may vary in relation to resources available, public response, and the nature of issues involved.

(2) Informational materials. Each division and region of the department shall provide continuing policy, program, and technical information at the earliest practicable times and at places easily accessible to interested or affected persons and organizations so that they can make informed and constructive contributions to department decision making. News releases and other publications may be used for this purpose as well as information discussions and meetings with interested citizens' groups. Special efforts shall be made to summarize complex technical materials for public and media use.

(3) Assistance to public. Each region shall have a procedure for providing technical and informational assistance to public groups for citizen education, committee workshop training, and dissemination of information to concerned groups and individuals. Requests for information shall be handled promptly.

(4) Consultation. Each region of the department shall have a procedure for early consultation and exchange of views with interested or affected persons and organizations on development or revision of plans, programs, or other significant activity prior to decision making. Advisory groups, ad hoc committees, or workshop meetings may serve this purpose.

(5) Demonstrations. Field demonstrations and public show-me field trips may be used when there is sufficient public interest concerning wildlife management techniques or problems in wildlife management.

(6) Notification. Each division for its appropriate area of responsibility shall maintain a current list of interested persons and organizations including any who have requested inclusion on such list for the distribution of information such as that listed in paragraph (2) of this rule. This shall be in addition to the lists now maintained as required by the Montana Administrative Procedure Act. The department shall in addition notify any interested persons of any public hearing or other decision making proceedings prior to decision making and wherever possible shall supplement this notification with informal notice to all interested persons or groups having requested such notice in advance.

(7) Access to information. The department files, other than personnel files and those files required by law or requirements of personal privacy to remain confidential, are open to public inspection in accordance with already established Fish, Wildlife, and Parks Commission policy. These files are located at the department office in Helena and at the seven regional offices throughout the state and listed in ARM 12.1.101(8) . Copies of specific documents are available either free or for a reasonable copying charge plus employee time.

(8) Enforcement. Each region shall develop internal procedures for receiving and ensuring proper consideration of evidence and information submitted by citizens. Public effort in reporting violations of fish and game laws or regulations shall be encouraged. Alleged violations shall be promptly investigated by the department.

(9) Rulemaking. In addition to any other requirements, the department shall comply with the requirements of the Montana Administrative Procedure Act.

(10) Contact person. When the department or commission determines that a proposed decision or action is of significant interest to the public, one person shall be designated as contact person with the public on the proposed decision or action. This person should be a departmental employee familiar with the proposed decision or action. Upon completion of the proposed decision or action, this person shall assess the influence citizen participation had on the decision or action, and report that assessment to the director.

(11) Other measures. The listing of specific measures in this section shall not preclude additional techniques for obtaining, encouraging, or assisting public participation.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, Eff. 4/5/76.

Mont. Admin. R. 12.2.303 Appointments with Fish, Wildlife, and Parks Commission

(1) Any individual or group of individuals may make appointments to meet with the Fish, Wildlife, and Parks Commission regarding any matter of concern to those individuals and under the responsibility of the Fish, Wildlife, and Parks Commission or Department. Such appointments may be made by contacting the director's office in Helena (406) 444-3186.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, Eff. 4/5/76.

Mont. Admin. R. 12.2.305 List of Department Decision Making

(1) The following is a nonexhaustive list of department decisions thought to be of significant interest to the public:

(a) adoption of wildlife management regulations including the setting of seasons and fish planting policies and priorities;

(b) adoption of regulations governing public use of department-controlled lands and facilities;

(d) distribution and administration of federal land and water conservation fund monies;

(e) adoption of policies regarding the sale of licenses, including the allocation of license dealerships;

(f) adoption of commission policies and priorities regarding wildlife habitat and threats to it;

(g) development of department programs having a significant impact on the environment;

(h) development of a comprehensive fish, wildlife and outdoor recreation plan.

(2) Opportunity for public participation shall be provided by rendering final decisions on these matters at commission meetings which are open to the public and which have been announced in advance or by offering the opportunity for written comments or hearing prior to decisions which are made by the department through publication of notice pursuant to the Montana Administrative Procedure Act.

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, Eff. 4/5/76; AMD, 1977 MAR p. 946, Eff. 11/26/77.

Mont. Admin. R. 12.2.307 General

(1) Citizens desiring information about anything mentioned in these rules or about anything concerning department and public participation should contact the department office in Helena or the appropriate regional supervisor. Names and addresses are listed in ARM 12.1.101(8) .

History

Authorizing statute(s): 2-3-103, MCA
Implementing statute(s): 2-3-103, MCA
History: NEW, Eff. 4/5/76.

Subchapter 12.2.4 Rules Implementing the Montana Environmental Policy Act

Mont. Admin. R. 12.2.428 Policy Statement Concerning Mepa Rules

The purpose of these rules is to implement Title 75, chapter 1, MCA, the Montana Environmental Policy Act (MEPA) , through the establishment of administrative procedures. MEPA requires that state agencies comply with its terms "to the fullest extent possible." In order to fulfill the stated policy of that act, the agency shall conform to the following rules prior to reaching a final decision on proposed actions covered by MEPA.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.429 Definitions

(1) "Action" means a project, program or activity directly undertaken by the agency; a project or activity supported through a contract, grant, subsidy, loan or other form of funding assistance from the agency, either singly or in combination with one or more other state agencies; or a project or activity involving the issuance of a lease, permit, license, certificate, or other entitlement for use or permission to act by the agency, either singly or in combination with other state agencies.

(2)

(a) "Alternative" means:

(i) an alternate approach or course of action that would appreciably accomplish the same objectives or results as the proposed action;

(ii) design parameters, mitigation, or controls other than those incorporated into a proposed action by an applicant or by an agency prior to preparation of an EA or draft EIS;

(iii) no action or denial; and

(iv) for agency-initiated actions, a different program or series of activities that would accomplish other objectives or a different use of resources than the proposed program or series of activities.

(b) The agency is required to consider only alternatives that are realistic, technologically available, and that represent a course of action that bears a logical relationship to the proposal being evaluated.

(3) "The agency" means the Montana department of fish, wildlife, and parks.

(4) "Applicant" means a person or any other entity who applies to the agency for a grant, loan, subsidy, or other funding assistance, or for a lease, permit, license, certificate, or other entitlement for use or permission to act.

(5) "Categorical exclusion" refers to a type of action which does not individually, collectively, or cumulatively require an EA or EIS, as determined by rulemaking or programmatic review adopted by the agency, unless extraordinary circumstances, as defined by rulemaking or programmatic review, occur.

(6) "Compensation" means the replacement or provision of substitute resources or environments to offset an impact on the quality of the human environment. The agency may not consider compensation for purposes of determining the significance of impacts (see ARM 12.2.430(4) ) .

(7) "Cumulative impact" means the collective impacts on the human environment of the proposed action when considered in conjunction with other past and present actions related to the proposed action by location or generic type. Related future actions must also be considered when these actions are under concurrent consideration by any state agency through pre-impact statement studies, separate impact statement evaluation, or permit processing procedures.

(8) "Emergency actions" include, but are not limited to:

(a) projects undertaken, carried out, or approved by the agency to repair or restore property or facilities damaged or destroyed as a result of a disaster when a disaster has been declared by the governor or other appropriate government entity:

(b) emergency repairs to public service facilities necessary to maintain service; and

(c) projects, whether public or private, undertaken to prevent or mitigate immediate threats to public health, safety, welfare, or the environment.

(9) "Environmental assessment" (EA) means a written analysis of a proposed action to determine whether an EIS is required or to serve one or more of the other purposes described in ARM 12.2.430(2) .

(10) "Environmental impact statement" (EIS) means the detailed written statement required by section 75-1-201, MCA, which may take several forms:

(a) "Draft environmental impact statement" means a detailed written statement prepared to the fullest extent possible in accordance with 75-1-201(1) (b) (iii) , MCA, and these rules;

(b) "Final environmental impact statement" means a written statement prepared to the fullest extent possible in accordance with 75-1-201, MCA, and ARM 12.2.437 or 12.2.438 and which responds to substantive comments received on the draft environmental impact statement;

(c) "Joint environmental impact statement" means an EIS prepared jointly by more than one agency, either state or federal, when the agencies are involved in the same or a closely related proposed action.

(11) "Environmental quality council" (EQC) means the council established pursuant to Title 75, chapter 1, MCA, and 5-16-101, MCA.

(12) "Human environment" includes, but is not limited to biological, physical, social, economic, cultural, and aesthetic factors that interrelate to form the environment. As the term applies to the agency's determination of whether an EIS is necessary (see ARM 12.2.430(1) ) , economic and social impacts do not by themselves require an EIS. However, whenever an EIS is prepared, economic and social impacts and their relationship to biological, physical, cultural and aesthetic impacts must be discussed.

(13) "Lead agency" means the state agency that has primary authority for committing the government to a course of action or the agency designated by the governor to supervise the preparation of a joint environmental impact statement or environmental assessment.

(14) "Mitigation" means:

(a) avoiding an impact by not taking a certain action or parts of an action;

(b) minimizing impacts by limiting the degree or magnitude of an action and its implementation;

(d) reducing or eliminating an impact over time by preservation and maintenance operations during the life of an action or the time period thereafter that an impact continues.

(15) "Programmatic review" means an analysis (EIS or EA) of the impacts on the quality of the human environment of related actions, programs, or policies.

(16) "Residual impact" means an impact that is not eliminated by mitigation.

(17) "Scope" means the range of reasonable alternatives, mitigation, issues, and potential impacts to be considered in an environmental assessment or an environmental impact statement.

(18) "Secondary impact" means a further impact to the human environment that may be stimulated or induced by or otherwise result from a direct impact of the action.

(19) "State agency", means an office, commission, committee, board, department, council, division, bureau, or section of the executive branch of state government.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.430 General Requirements of the Environmental Review Process

Section 75-1-201, MCA, requires state agencies to integrate use of the natural and social sciences and the environmental design arts in planning and in decision-making, and to prepare a detailed statement (an EIS) on each proposal for projects, programs, legislation, and other major actions of state government significantly affecting the quality of the human environment. In order to determine the level of environmental review for each proposed action that is necessary to comply with 75-1-201, MCA, the agency shall apply the following criteria:

(1) The agency shall prepare an EIS as follows:

(a) whenever an EA indicates that an EIS is necessary; or

(b) whenever, based on the criteria in ARM 12.2.431, the proposed action is a major action of state government significantly affecting the quality of the human environment.

(2) An EA may serve any of the following purposes:

(a) to ensure that the agency uses the natural and social sciences and the environmental design arts in planning and decision-making. An EA may be used independently or in conjunction with other agency planning and decision-making procedures;

(b) to assist in the evaluation of reasonable alternatives and the development of conditions, stipulations or modifications to be made a part of a proposed action;

(c) to determine the need to prepare an EIS through an initial evaluation and determination of the significance of impacts associated with a proposed action;

(d) to ensure the fullest appropriate opportunity for public review and comment on proposed actions, including alternatives and planned mitigation, where the residual impacts do not warrant the preparation of an EIS; and

(e) to examine and document the effects of a proposed action on the quality of the human environment, and to provide the basis for public review and comment, whenever statutory requirements do not allow sufficient time for an agency to prepare an EIS. The agency shall determine whether sufficient time is available to prepare an EIS by comparing statutory requirements that establish when the agency must make its decision on the proposed action with the time required by ARM 12.2.439 to obtain public review of an EIS plus a reasonable period to prepare a draft EIS and, if required, a final EIS.

(3) The agency shall prepare an EA whenever:

(a) the action is not excluded under (5) and it is not clear without preparation of an EA whether the proposed action is a major one significantly affecting the quality of the human environment;

(b) the action is not excluded under (5) and although an EIS is not warranted, the agency has not otherwise implemented the interdisciplinary analysis and public review purposes listed in (2) (a) and (d) through a similar planning and decision-making process; or

(4) The agency may, as an alternative to preparing an EIS, prepare an EA whenever the action is one that might normally require an EIS, but effects which might otherwise be deemed significant appear to be mitigable below the level of significance through design, or enforceable controls or stipulations or both imposed by the agency or other government agencies. For an EA to suffice in this instance, the agency must determine that all of the impacts of the proposed action have been accurately identified, that they will be mitigated below the level of significance, and that no significant impact is likely to occur. The agency may not consider compensation for purposes of determining that impacts have been mitigated below the level of significance.

(5) The agency is not required to prepare an EA or an EIS for the following categories of action:

(a) actions that qualify for a categorical exclusion as defined by rule or justified by a programmatic review. In the rule or programmatic review, the agency shall identify any extraordinary circumstances in which a normally excluded action requires an EA or EIS;

(b) administrative actions: routine, clerical or similar functions of a department, including but not limited to administrative procurement, contracts for consulting services, and personnel actions;

(d) investigation and enforcement: data collection, inspection of facilities or enforcement of environmental standards;

(e) ministerial actions: actions in which the agency exercises no discretion, but rather acts upon a given state of facts in a prescribed manner; and

(f) actions that are primarily social or economic in nature and that do not otherwise affect the human environment.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.431 Determining the Significance of Impacts

(1) In order to implement 75-1-201, MCA, the agency shall determine the significance of impacts associated with a proposed action. This determination is the basis of the agency's decision concerning the need to prepare an EIS and also refers to the agency's evaluation of individual and cumulative impacts in either EAs or EISs. The agency shall consider the following criteria in determining the significance of each impact on the quality of the human environment:

(a) the severity, duration, geographic extent, and frequency of occurrence of the impact;

(b) the probability that the impact will occur if the proposed action occurs; or conversely, reasonable assurance in keeping with the potential severity of an impact that the impact will not occur:

(c) growth-inducing or growth-inhibiting aspects of the impact, including the relationship or contribution of the impact to cumulative impacts;

(d) the quantity and quality of each environmental resource or value that would be affected, including the uniqueness and fragility of those resources or values:

(e) the importance to the state and to society of each environmental resource or value that would be affected;

(f) any precedent that would be set as a result of an impact of the proposed action that would commit the department to future actions with significant impacts or a decision in principle about such future actions; and

(g) potential conflict with local, state, or federal laws, requirements, or formal plans.

(2) An impact may be adverse, beneficial, or both. If none of the adverse effects of the impact are significant, an EIS is not required. An EIS is required if an impact has a significant adverse effect, even if the agency believes that the effect on balance will be beneficial.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.432 Preparation and Contents of Environmental Assessments

(1) The agency shall prepare an EA, regardless of its length or the depth of analysis, in a manner which utilizes an interdisciplinary approach. The agency may initiate a process to determine the scope of issues to be addressed in an EA. Whenever the agency elects to initiate this process, it shall follow the procedures contained in ARM 12.2.434.

(2) For a routine action with limited environmental impact, the contents of an EA may be reflected on a standard checklist format. At the other extreme, whenever an action is one that might normally require an EIS, but effects that otherwise might be deemed significant are mitigated in project design or by controls imposed by the agency, the analysis, format, and content must all be more substantial. The agency shall prepare the evaluations and present the information described in section (3) as applicable and in a level of detail appropriate to the following considerations:

(a) the complexity of the proposed action;

(b) the environmental sensitivity of the area affected by the proposed action;

(c) the degree of uncertainty that the proposed action will have a significant impact on the quality of the human environment;

(d) the need for and complexity of mitigation required to avoid the presence of significant impacts.

(3) To the degree required in (2) above, an EA must include:

(a) a description of the proposed action, including maps and graphs;

(b) a description of the benefits and purpose of the proposed action. If the agency prepares a cost/benefit analysis before completion of the EA, the EA must contain the cost/benefit analysis or a reference to it;

(c) a listing of any state, local, or federal agencies that have overlapping or additional jurisdiction or environmental review responsibility for the proposed action and the permits, licenses, and other authorizations required;

(d) an evaluation of the impacts, including cumulative and secondary impacts, on the physical environment. This evaluation may take the form of an environmental checklist and/or, as appropriate, a narrative containing more detailed analysis of topics and impacts that are potentially significant, including, where appropriate: terrestrial and aquatic life and habitats; water quality, quantity, and distribution; geology; soil quality, stability, and moisture; vegetation cover, quantity and quality; aesthetics; air quality; unique, endangered, fragile, or limited environmental resources; historical and archaeological sites; and demands on environmental resources of land, water, air and energy;

(e) an evaluation of the impacts, including cumulative and secondary impacts, on the human population in the area to be affected by the proposed action. This evaluation may take the form of an environmental checklist and/or, as appropriate, a narrative containing more detailed analysis of topics and impacts that are potentially significant, including where appropriate, social structures and mores; cultural uniqueness and diversity; access to and quality of recreational and wilderness activities; local and state tax base and tax revenues; agricultural or industrial production; human health; quantity and distribution of employment; distribution and density of population and housing; demands for government services; industrial and commercial activity; locally adopted environmental plans and goals; and other appropriate social and economic circumstances;

(f) a description and analysis of reasonable alternatives to a proposed action whenever alternatives are reasonably available and prudent to consider and a discussion of how the alternative would be implemented;

(g) a listing and appropriate evaluation of mitigation, stipulations, and other controls enforceable by the agency or another government agency:

(h) a listing of other agencies or groups that have been contacted or have contributed information:

(i) the names of persons responsible for preparation of the EA; and

(j) a finding on the need for an EIS and, if appropriate, an explanation of the reasons for preparing the EA. If an EIS is not required, the EA must describe the reasons the EA is an appropriate level of analysis.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.433 Public Review of Environmental Assessments

(1) The level of analysis in an EA will vary with the complexity and seriousness of environmental issues associated with a proposed action. The level of public interest will also vary. The agency is responsible for adjusting public review to match these factors.

(2) An EA is a public document and may be inspected upon request. Any person may obtain a copy of an EA by making a request to the agency. If the document is out-of-print, a copying charge may be levied.

(3) The agency is responsible for providing additional opportunities for public review consistent with the seriousness and complexity of the environmental issues associated with a proposed action and the level of public interest. Methods of accomplishing public review include publishing a news release or legal notice to announce the availability of an EA, summarizing its content and soliciting public comment; holding public meetings or hearings; maintaining mailing lists of persons interested in a particular action or type of action and notifying them of the availability of EAs on such actions; and distributing copies of EAs for review and comment.

(4) For an action with limited environmental impact and little public interest, no further public review may be warranted. However, where an action is one that normally requires an EIS, but effects that otherwise might be deemed significant are mitigated in the project proposal or by controls imposed by the agency, public involvement must include the opportunity for public comment, a public meeting or hearing, and adequate notice. The agency is responsible for determining appropriate methods to ensure adequate public review on a case by case basis.

(5) The agency shall maintain a log of all EAs completed by the agency and shall submit a list of any new EAs completed to the office of the governor and the environmental quality council on a quarterly basis. In addition, the agency shall submit a copy of each completed EA to the EQC.

(6) The agency shall consider the substantive comments received in response to an EA and proceed in accordance with one of the following steps, as appropriate:

(a) determine that an EIS is necessary:

(b) determine that the EA did not adequately reflect the issues raised by the proposed action and issue a revised document; or

(c) determine that an EIS is not necessary and make a final decision on the proposed action, with appropriate modification resulting from the analysis in the EA and analysis of public comment.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.434 Determining the Scope of an Eis

(1) Prior to the preparation of an EIS, the agency shall initiate a process to determine the scope of the EIS.

(2) To identify the scope of an EIS, the agency shall:

(a) invite the participation of affected federal, state, and local government agencies, Indian tribes, the applicant, if any, and interested persons or groups;

(b) identify the issues related to the proposed action that are likely to involve significant impacts and that will be analyzed in depth in the EIS;

(c) identify the issues that are not likely to involve significant impacts, thereby indicating that unless unanticipated effects are discovered during the preparation of the EIS, the discussion of these issues in the EIS will be limited to a brief presentation of the reasons they will not significantly affect the quality of the human environment; and

(d) identify those issues that have been adequately addressed by prior environmental review, thereby indicating that the discussion of these issues in the EIS will be limited to a summary and reference to their coverage elsewhere; and

(e) identify possible alternatives to be considered.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.435 Environmental Impact Statements--General Requirements

The following apply to the design and preparation

of EISs:

(1) The agency shall prepare EISs that are analytic rather than encyclopedic.

(2) The agency shall discuss the impacts of a proposed action in a level of detail that is proportionate to their significance. For other than significant issues, an EIS need only include enough discussion to show why more study is not warranted.

(3) The agency shall prepare with each draft and final EIS a brief summary that is available for distribution separate from the EIS. The summary must describe:

(a) the proposed action being evaluated by the EIS, the impacts, and the alternatives;

(b) areas of controversy and major conclusions:

(d) the agency's preferred alternative, if any.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.436 Preparation and Contents of Draft Environmental Impact Statements

If required by these rules, the agency shall prepare a draft environmental impact statement using an interdisciplinary approach and containing the following:

(1) a description of the proposed action, including its purpose and benefits;

(2) a listing of any state, local, or federal agencies that have overlapping or additional jurisdiction and a description of their responsibility for the proposed action;

(3) a description of the current environmental conditions in the area affected by the proposed action or alternatives, including maps and charts, whenever appropriate. The description must be no longer than is necessary to understand the effects of the action and alternatives. Data analysis must be commensurate with the importance of the impact with less important material summarized, consolidated, or simply referenced;

(4) a description of the impacts on the quality of the human environment of the proposed action including:

(a) the factors listed in (3) (d) and (e) of ARM 12.2.432, whenever appropriate;

(b) primary, secondary, and cumulative impacts;

(d) irreversible and irretrievable commitments of environmental resources, including land, air, water and energy;

(e) economic and environmental benefits and costs of the proposed action: and

(f) the relationship between local short-term uses of man's environment and the effect on maintenance and enhancement of the long-term productivity of the environment. Where a cost-benefit analysis is prepared by the agency prior to the preparation of the draft EIS, it shall be incorporated by reference in or appended to the EIS;

(5) an analysis of reasonable alternatives to the proposed action, including the alternative of no action and other reasonable alternatives that may or may not be within the jurisdiction of the agency to implement, if any;

(6) a discussion of mitigation, stipulations, or other controls committed to and enforceable by the agency or other government agency;

(7) a discussion of any compensation related to impacts stemming from the proposed action;

(8) an explanation of the tradeoffs among the reasonable alternatives;

(9) the agency's preferred alternative, if any, and its reasons for the preference;

(10) a section on consultation and preparation of the draft EIS that includes the following:

(a) the names of those individuals or groups responsible for preparing the EIS;

(b) a listing of other agencies, groups, or individuals who were contacted or contributed information; and

(11) a summary of the draft EIS as required in ARM 12.2.435; and

(12) other sections that may be required by other statutes in a comprehensive evaluation of the proposed action, or by the National Environmental Policy Act or other federal statutes governing a cooperating federal agency.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.437 Adoption of Draft Environmental Impact Statement as Final

(1) Depending upon the substantive comments received in response to the draft EIS, the draft statement may suffice. The agency shall determine whether to adopt the draft FTS within 30 days of the close of the comment period on the draft EIS.

(2) In the event the agency determines to adopt the draft EIS, the agency shall notify the governor, the Environmental Quality Council, the applicant, if any, and all commenters of its decision and provide a statement describing its proposed course of action. This notification must be accompanied by a copy of all comments or a summary of a representative sample of comments received in response to the draft statement, together with, at minimum, an explanation of why the issues raised do not warrant the preparation of a final EIS.

(3) The agency shall provide public notice of its decision to adopt the draft EIS as a final

(4) If the agency decides to adopt the draft EIS as the final EIS, it may make a final decision on the proposed action no sooner than 15 days after complying with subsections (1) through (3) above.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.438 Preparation and Contents of Final Environmental Impact Statement

Except as provided in ARM 12.2.437, a final environmental impact statement must include:

(1) a summary of major conclusions and supporting information from the draft EIS and the responses to substantive comments received on the draft EIS, stating specifically where such conclusions and information were changed from those which appeared in the draft;

(2) a list of all sources of written and oral comments on the draft EIS, including those obtained at public hearings, and, unless impractical, the text of comments received by the agency (in all cases, a representative sample of comments must be included) ;

(3) the agency's responses to substantive comments, including an evaluation of the comments received and disposition of the issues involved;

(4) data, information, and explanations obtained subsequent to circulation of the draft; and

(5) the agency's recommendation, preferred alternative, or proposed decision together with an explanation of the reasons therefor.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.439 Time Limits and Distribution of Environmental Impact Statements

(1) Following preparation of a draft EIS, the agency shall distribute copies to the governor, EQC, appropriate state and federal agencies, the applicant, if any, and persons who have requested copies.

(2) The listed transmittal date to the governor and the EQC must not be earlier than the date that the draft EIS is mailed to other agencies, organizations, and individuals. The agency shall allow 30 days for reply, provided that the agency may extend this period up to an additional 30 days at its discretion or upon application of any person for good cause. When preparing a joint EIS with a federal agency or agencies, the agency may also extend this period in accordance with time periods specified in regulations that implement the National Environmental Policy Act. However, no extension which is otherwise prohibited by law may be granted.

(3) In cases involving an applicant, after the period for comment on the draft EIS has expired, the agency shall send to the applicant a copy of all written comments that were received. The agency shall advise the applicant that he has a reasonable time to respond in writing to the comments received by the agency on the draft EIS and that the applicant's written response must be received before a final EIS can be prepared and circulated. The applicant may waive his right to respond to the comments on the draft EIS.

(4) Following preparation of a final EIS, the agency shall distribute copies to the governor, EQC, appropriate state and federal agencies, the applicant, if any, persons who submitted comments on or received a copy of the draft EIS, and other members of the public upon request.

(5) Except as provided by ARM 12.2.437(4) , a final decision must not be made on the proposed action being evaluated in a final EIS until 15 days have expired from the date of transmittal of the final EIS to the governor and EQC. The listed transmittal date to the governor and EQC must not be earlier than the date that the final EIS is mailed to other agencies, organizations, and individuals.

(6) All written comments received on an EIS, including written responses received from the applicant, must be made available to the public upon request.

(7) Until the agency reaches its final decision on the proposed action, no action concerning the proposal may be taken that would:

(a) have an adverse environmental impact; or

(b) limit the choice of reasonable alternatives, including the no-action alternative.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.440 Supplements to Environmental Impact Statements

(1) The agency shall prepare supplements to either draft or final environmental impact statements whenever:

(a) the agency or the applicant makes a substantial change in a proposed action:

(b) there are significant new circumstances, discovered prior to final agency decision, including information bearing on the proposed action or its impacts that change the basis for the decision; or

(c) following preparation of a draft EIS and prior to completion of a final EIS, the agency determines that there is a need for substantial, additional information to evaluate the impacts of a proposed action or reasonable alternatives.

(2) A supplement must include, but is not limited to, a description of the following:

(a) an explanation of the need for the supplement;

(b) the proposed action; and

(c) any impacts, alternatives or other items required by ARM 12.2.436 for a draft EIS or ARM 12.2.438 for a final EIS that were either not covered in the original statement or that must be revised based on new information or circumstances concerning the proposed action.

(3) The same time periods applicable to draft and final EISs apply to the circulation and review of supplements.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.441 Adoption of an Existing Eis

(1) The agency shall adopt as part of a draft EIS all or any part of the information, conclusions, comments, and responses to comments contained in an existing EIS that has been previously or is being concurrently prepared pursuant to MEPA or the National Environmental Policy Act if the agency determines:

(a) that the existing EIS covers an action paralleling or closely related to the action proposed by the agency or the applicant;

(b) on the basis of its own independent evaluation, that the information contained in the existing EIS has been accurately presented; and

(2) A summary of the existing EIS or the portion adopted and a list of places where the full text is available must be circulated as a part of the EIS and treated as part of the EIS for all purposes, including, if required, preparation of a final EIS.

(3) Adoption of all or part of an existing EIS does not relieve the agency of the duty to comply with ARM 12.2.436.

(4) The same time periods applicable to draft and final EISs apply to the circulation and review of EISs that include material adopted from an existing EIS.

(5) The agency shall take full responsibility for the portions of a previous EIS adopted. If the agency disagrees with certain adopted portions of the previous EIS, it shall specifically discuss the points of disagreement.

(6) No material may be adopted unless it is reasonably available for inspection by interested persons within the time allowed for comment.

(7) Whenever part of an existing EIS or concurrently prepared EIS is adopted, the part adopted must include sufficient material to allow the part adopted to be considered in the context in which it was presented in the original EIS.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.442 Interagency Cooperation

(1) Whenever it is the lead agency responsible for preparation of an EIS, the agency may:

(a) request the participation of other governmental agencies which have special expertise in areas that should be addressed in the EIS;

(b) allocate assignments, as appropriate, for the preparation of the EIS among other participating agencies; and

(2) Whenever participation of the agency is requested by a lead agency, the agency shall make a good-faith effort to participate in the EIS as requested, with its expenses for participation in the EIS paid by the lead agency or other agency collecting the EIS fee if one is collected.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.443 Joint Environmental Impact Statements and Ea's

(1) Whenever the agency and one or more other state agencies have jurisdiction over an applicant's proposal or major state actions that individually, collectively, or cumulatively require an EIS and another agency is clearly the lead agency, the agency shall cooperate with the lead agency in the preparation of a joint EIS. Whenever it is clearly the lead agency, the agency shall coordinate the preparation of the EIS as required by this rule. Whenever the agency and one or more agencies have jurisdiction over an applicant's proposal or major state actions and lead agency status cannot be resolved, the agency shall request a determination from the governor.

(2) The agency shall cooperate with federal and local agencies in preparing EISs when the jurisdiction of the agency is involved. This cooperation may include, but is not limited to: joint environmental research studies, a joint process to determine the scope of an EIS, joint public hearings, joint EISs, and, whenever appropriate, joint issuance of a record of decision.

(3) Whenever the agency proposes or participates in an action that requires preparation of an EIS under both the National Environmental Policy Act and MEPA, the EIS must be prepared in compliance with both statutes and associated rules and regulations. The agency may, if required by a cooperating federal agency, accede to and follow more stringent requirements, such as additional content or public review periods, but in no case may it accede to less than is provided for in these rules.

(4) The same general provisions for cooperation and joint issuance of documents provided for in this rule in connection with EISs also apply to EAs.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.444 Preparation, Content, and Distribution of a Programmatic Review

(1) Whenever the agency is contemplating a series of agency-initiated actions, programs, or policies which in part or in total may constitute a major state action significantly affecting the human environment, it shall prepare a programmatic review discussing the impacts of the series of actions.

(2) The agency may also prepare a programmatic review whenever required by statute, whenever a series of actions under the jurisdiction of the agency warrant such an analysis as determined by the agency, or whenever prepared as a joint effort with a federal agency requiring a programmatic review.

(3) The agency shall determine whether the programmatic review takes the form of an EA or an EIS in accordance with the provisions of ARM 12.2.430 and 12.2.431, unless otherwise provided by statute.

(4) A programmatic review must include, as a minimum, a concise, analytical discussion of alternatives and the cumulative environmental effects of these alternatives on the human environment. In addition programmatic reviews must contain the information specified in ARM 12.2.436 for EISs or ARM 12.2.432 for EAs, as applicable.

(5) The agency shall adhere to the time limits specified for distribution and public comment on EISs or EAs, whichever is applicable.

(6) While work on a programmatic review is in progress, the agency may not take major state actions covered by the program in that interim period unless such action:

(a) is part of an ongoing program;

(b) is justified independently of the program; or

(c) will not prejudice the ultimate decision on the program. Interim action prejudices the ultimate decision on the program if it tends to determine subsequent development or foreclose reasonable alternatives.

(7) Actions taken under subsection (6) must be accompanied by an EA or an EIS, if required.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.445 Record of Decision for Actions Requiring Environmental Impact Statements

(1) At the time of its decision concerning a proposed action for which an EIS was prepared, the agency shall prepare a concise public record of decision. The record, which may be integrated into any other documentation of the decision that is prepared by the agency, is a public notice of what the decision is, the reasons for the decision, and any special conditions surrounding the decision or its implementation.

(2) The agency may include in the final EIS, in addition to a statement of its proposed decision, preferred alternative, or recommendation on the proposed action, the other items required by (1) , and additional explanation as provided for in (3) below. If the final decision and the reasons for that final decision are the same as set forth in the final EIS, the agency may comply with (1) by preparing a public notice of what the decision is and adopting by reference the information contained in the final EIS that addresses the items required by (1) . If the final decision or any of the items required by (1) are different from what was presented in the final EIS, the agency is responsible for preparing a separate record of decision.

(3) There is no prescribed format for a record of decision, except that it must include the items listed in (1) . The record may include the following items as appropriate:

(a) brief description of the context of the decision;

(b) the alternatives considered;

(d) the alternative or alternatives considered environmentally preferable:

(e) short and long-term effects of the decision;

(f) policy considerations that were balanced and considered in making the decision;

(g) whether all practical means to avoid or minimize environmental harm were adopted, and if not, why not; and

(h) a summary of implementation plans, including monitoring and enforcement procedures for mitigation, if any.

(4) This rule does not define or affect the statutory decision making authority of the agency.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.446 Emergencies

(1) The agency may take or permit action having a significant impact on the quality of the human environment in an emergency situation without preparing an EIS. Within 30 days following initiation of the action, the agency shall notify the governor and the EQC as to the need for the action and the impacts and results of it. Emergency actions must be limited to those actions immediately necessary to control the impacts of the emergency.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.447 Confidentiality

(1) Information declared confidential by state law or by an order of a court must be excluded from an EA and EIS. The agency shall briefly state the general topic of the confidential information excluded.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.448 Resolution of Statutory Conflicts

(1) Whenever a conflicting provision of another state law prevents the agency from fully complying with these rules the agency shall notify the governor and the EQC of the nature of the conflict and shall suggest a proposed course of action that will enable the agency to comply to the fullest extent possible with the provisions of MEPA. This notification must be made as soon as practical after the agency recognizes that a conflict exists, and no later than 30 days following such recognition.

(2) The agency has a continuing responsibility to review its programs and activities to evaluate known or anticipated conflicts between these rules and other statutory or regulatory requirements. It shall make such adjustments or recommendations as may be required to ensure maximum compliance with MEPA and these rules.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.449 Contracts and Disclosure

(1) The agency may contract for preparation of an EIS or portions thereof. Whenever an EIS or portion thereof is prepared by a contractor, the agency shall furnish guidance and participate in the preparation, independently evaluate the statement or portion thereof prior to its approval, and take responsibility for its scope and content.

(2) A person contracting with the agency in the preparation of an EIS must execute a disclosure statement, in affidavit form prepared by the agency, specifying that he has no financial or other interest in the outcome of the proposed action other than a contract with the agency.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.450 Public Hearings

(1) Whenever a public hearing is held on an EIS or an EA, the agency shall issue a news release legal notice to newspapers of general circulation in the area to be affected by the proposed action prior to the hearing. The news release or legal notice must advise the public of the nature of testimony the agency wishes to receive at the hearing. The hearing must be held after the draft EIS has been circulated and prior to preparation of the final EIS. A hearing involving an action for which an EA was prepared must be held after the EA has been circulated and prior to any final agency determinations concerning the proposed action. In cases involving an applicant, the agency shall allow an applicant a reasonable time to respond in writing to comments made at a public hearing, notwithstanding the time limits contained in ARM 12.2.439. The applicant may waive his right to respond to comments made at a hearing.

(2) In addition to the procedure in (1) above, the agency shall take such other steps as are reasonable and appropriate to promote the awareness by interested parties of a scheduled hearing.

(3) The agency shall hold a public hearing whenever requested within 20 days of issuance of the draft EIS by either:

(a) 10% or 25, whichever is less, of the persons who will be directly affected by the proposed action;

(b) by another agency which has jurisdiction over the action:

(d) the applicant, if any.

(4) In determining whether a sufficient number of persons have requested a hearing as required by subsection (3) , the agency shall resolve instances of doubt in favor of holding a public hearing.

(5) No person may give testimony at the hearing as a representative of a participating agency. Such a representative may, however, at the discretion of the hearing officer, give a statement regarding his or her agency's authority or procedures and answer questions from the public.

(6) Public meetings may be held in lieu of formal hearings as a means of soliciting public comment on an EIS where no hearing is requested under (3) above. However, the agency shall provide adequate advance notice of the meeting: and, other than the degree of formality surrounding the proceedings, the objectives of such a meeting are essentially the same as those for a hearing.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201, MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.451 Fees: Determination of Authority to Impose

(1) Whenever an application for a lease, permit, contract, license or certificate is expected to result in the agency incurring expenses in excess of $2,500 to compile an EIS, the applicant is required to pay a fee in an amount the agency reasonably estimates, as set forth in this rule, will be expended to gather information and data necessary to compile an EIS.

(2) The agency shall determine within 30 days after a completed application is filed whether it will be necessary to compile an EIS and assess a fee as prescribed by this rule. If it is determined that an EIS is necessary, the agency shall make a preliminary estimate of its costs. This estimate must include a summary of the data and information needs and the itemized costs of acquiring the data and information, including salaries, equipment costs and any other expense associated with the collection of data and information for the EIS.

(3) Whenever the preliminary estimated costs of acquiring the data and information to prepare an EIS total more than $2,500, the agency shall notify the applicant that a fee must be paid and submit an itemized preliminary estimate of the cost of acquiring the data and information necessary to compile an EIS. The agency shall also notify the applicant to prepare and submit a notarized and detailed estimate of the cost of the project being reviewed in the EIS within 15 days. In addition, the agency shall request the applicant to describe the data and information available or being prepared by the applicant which can possibly be used in the EIS. The applicant may indicate which of the agency's estimated costs of acquiring data and information for the EIS would be duplicative or excessive. The applicant must be granted, upon request, an extension of the 15-day period for submission of an estimate of the project's cost and a critique of the agency's preliminary EIS data and information accumulation cost assessment.

History

Authorizing statute(s): Sec. 75-1-202, MCA
Implementing statute(s): Sec. 75-1-202, 75-1-203, 75-1-205, 75-1-206 and 75-1-207, MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.452 Fees: Determination of Amount

(1) After receipt of the applicant's estimated cost of the project and analysis of an agency's preliminary estimate of the cost of acquiring information and data for the EIS, the agency shall notify the applicant within 15 days of the final amount of the fee to be assessed. The fee assessed must be based on the projected cost of acquiring all of the information and data needed for the EIS. If the applicant has gathered or is in the process of gathering information and data that can be used in the EIS, the agency shall only use that portion of the fee that is needed to verify the information and data. Any unused portion of the fee assessed may be returned to the applicant within a reasonable time after the information and data have been collected or the information and data submitted by the applicant have been verified, but in no event later than the deadline specified in these rules. The agency may extend the 15-day period provided for review of the applicant's submittal but not to exceed 45 days if it believes that the project cost estimate submitted is inaccurate or additional information must be obtained to verify the accuracy of the project cost estimate. The fee assessed must not exceed the limitations provided in 75-1-203(2) , MCA.

(2) If an applicant believes that the fee assessed is excessive or does not conform to the requirements of this rule or Title 75, chapter 1, part 2, MCA, the applicant may request a hearing pursuant to the contested case provisions of the Montana Administrative Procedure Act. If a hearing is held on the fee assessed as authorized by this subsection, the agency shall proceed with its analysis of the project wherever possible. The fact that a hearing has been requested is not grounds for delaying consideration of an application except to the extent that the portion of the fee in question affects the ability of the department to collect the data and information necessary for the EIS.

History

Authorizing statute(s): Sec. 75-1-202 MCA
Implementing statute(s): Sec. 75-1-202, 75-1-203, 75-1-205, 75-1-206 and 75-1-207 MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.453 Use of Fee

(1) The fee assessed hereunder may only be used to gather data and information necessary to compile an HIS. No fee may be assessed if an agency intends only to compile an EA or a programmatic review. If a department collects a fee and later determines that additional data and information must be collected or that data and information supplied by the applicant and relied upon by the agency are inaccurate or invalid, an additional fee may be assessed under the procedures outlined in these rules if the maximum fee has not been collected.

(2) Whenever the agency has completed work on the EIS, it shall submit to the applicant a complete accounting of how any fee was expended. If the money expended is less than the fee collected, the remainder of the fee shall be refunded to the applicant without interest within 45 days after work has been completed on the final EIS.

History

Authorizing statute(s): Sec. 75-1-202 MCA
Implementing statute(s): Sec. 75-1-202, 75-1-203, 75-1-205, 75-1-206 and 75-1-207 MCA
History: NEW, 1988 MAR p. 2692, Eff. 12/23/88.

Mont. Admin. R. 12.2.454 Actions That Qualify for a Categorical Exclusion

(1) The following types of actions do not individually, collectively, or cumulatively require the preparation of an environmental assessment or an environmental impact statement unless the action involves one or more of the extraordinary circumstances stated in (2) below:

(a) construction of riparian fences to protect streambanks;

(b) minor improvements in fish habitat by placement of habitat improvement structures;

(c) removal or modification of man-made obstructions in stream channels to provide or improve fish passage or to prevent loss of fish into diversions;

(d) clean up of trash or debris in the river corridor;

(e) vegetative bank stabilization projects;

(f) spawning channel development to provide additional habitat for reproduction;

(g) inventory, survey or engineering activities for design or development of plans for river restoration and future fisheries improvement program projects;

(h) maintenance or repair of existing river restoration and future fisheries improvement program projects;

(i) improvement in fish habitat in lakes or reservoirs that do not pose a hazard to navigation.

(2) The preparation of an environmental assessment or an environmental impact statement will be required if the project involves any of the following:

(a) significant impacts to publicly owned parklands, recreation areas, wildlife refuges or significant historic sites;

(b) disturbance to a streambed that is significant enough to require a temporary exemption from water quality standards for turbidity;

(d) significant impact on the human environment that may result in relocations of persons or business;

(e) substantial controversy on environmental grounds;

(f) any other kind of significant environmental impact, including cumulative or secondary impacts.

History

Authorizing statute(s): Sec. 2-3-103, 2-4-201 MCA
Implementing statute(s): Sec. 2-3-104, 75-1-201 MCA
History: NEW, 1994 MAR p. 2129, Eff. 8/12/94; AMD, 1996 MAR p. 153, Eff. 1/12/96.

Subchapter 12.2.5 Nongame Wildlife

Mont. Admin. R. 12.2.501 Nongame Wildlife in Need of Management

(1) The following nongame wildlife species are determined by the department to be nongame wildlife in need of management within the meaning of the Nongame and Endangered Species Conservation Act, 87-5-101, MCA, et seq.:

(a) crayfish - Pacifasticus spp. ; Orconectes spp. ;

(b) freshwater mussels - all species of Pelecypoda ;

(d) crappie - Pomoxis ;

(e) black-tailed prairie dogs - Cynomys ludovicianus ;

(i) under 87-5-102, MCA, department management of black-tailed prairie dogs applies to public lands only;

(f) white-tailed prairie dogs - Cynomys leucurus ;

(i) under 87-5-102, MCA, department management of white-tailed prairie dogs applies to public lands only; and

(g) gray wolf - Canis lupus .

(i) The amendment adding (1)(g) will be applied on the date the gray wolf in Montana is no longer subject to federal jurisdiction under the Endangered Species Act, 16 U.S.C. 1531, et seq., and the department and commission have sole jurisdiction over the management of the gray wolf in Montana.

(2) Management regulations for these species will be issued annually by the department.

History

Authorizing statute(s): 87-1-301, 87-5-105, MCA
Implementing statute(s): 87-1-301, 87-5-105, MCA
History: NEW, Eff. 9/4/75; AMD, 1977 MAR p. 946, Eff. 11/26/77; AMD, 1979 MAR p. 1388, Eff. 11/16/79; AMD, 1989 MAR p. 26, Eff. 1/13/89; EMERG, AMD, 1991 MAR p. 2032, Eff. 11/1/91; AMD, 1993 MAR p. 953, Eff. 5/14/93; TRANS, from ARM 12.5.301, Eff. 6/30/93; AMD, 1995 MAR p. 1571, Eff. 8/11/95; AMD, 2002 MAR p. 526, Eff. 3/1/02; AMD, 2008 MAR p. 2165, Eff. 10/10/08.

Subchapter 12.2.6 Land Access

Mont. Admin. R. 12.2.601 Public Land Access Tax Credit

(1) Pursuant to 15-30-2380 and 87-1-294, MCA, landowners may apply for a contract with the department to become eligible to receive a $750 tax credit for qualified access to public land, as defined in 87-1-294(9)(b), MCA.

(2) Landowners wanting to be considered for a contract must submit an application by March 15 in the tax year for which credit will be claimed.

(3) The department will award contracts no later than May 15 of the tax year in which the credit is to be claimed.

(4) The application must state the following and failure to include any one portion may result in denial of the application:

(a) legal land description of parcel of public land to which access will be provided;

(b) legal land description of parcel of private land through which access will be provided;

(d) map depicting public land parcel, adjacent private land through which public access will be provided, access point where public access on private land begins, and travel route proposed for public access;

(e) description of method permitted to access public lands;

(f) indication as to whether or not the landowner is lessee of a state land parcel to which public access will be provided; and

(g) indication as to whether or not hunting on the private land through which access will be provided is managed through outfitting or commercial hunting.

(5) The department must consider the following when awarding contracts:

(a) verification that the public lands are not restricted or closed to general recreational use by the land management agency that owns or has legal control of the public land parcel;

(b) verification that the public land will be available for a majority of the year to all general recreational use including hunting, fishing, trapping, hiking, wildlife watching, and other uses compatible with the use of public lands;

(i) must be capable of accommodating normal ambulatory travel; and

(ii) must not exceed one linear mile from the beginning to the end of the access route; and

(d) access routes available to vehicles must be capable of accommodating typical road use vehicles.

(6) A landowner may impose reasonable limitations through temporary closure of a public access route to address concerns related to high fire danger, weather-related impact to travel route, safety, or agricultural production activities such as livestock handling or harvest and planting of crops, so long as:

(a) the landowner notifies department regional headquarters at least 24 hours prior to the closure;

(b) the landowner posts notice to the public on-site; and

(i) is in effect for no more than seven days without department review and approval; and

(ii) is removed within 24 hours after the natural environmental conditions no longer exist.

(7) Land enrolled in any other department program that secures public access to a public land parcel is not eligible for a contract through this program to provide access to that same public land parcel.

(8) To provide verification that the landowner is eligible to receive the tax credit pursuant to 15-30-2380 and 87-1-294, MCA, the department must provide:

(a) a copy of the contract to the landowner bearing a certification number that confirms the terms of the contract have been fulfilled no later than January 31 after the end of the tax year in which the credit is being claimed; and

(b) the contract certification number to the Department of Revenue no later than January 31 after the end of the tax year in which the credit is being claimed.

History

Authorizing statute(s): 87-1-294, MCA
Implementing statute(s): 15-30-2380, 87-1-294, MCA
History: NEW, 2014 MAR p. 391, Eff. 2/28/14; AMD, 2016 MAR p. 202, Eff. 2/6/16.

Mont. Admin. R. 12.2.605 Definitions

(1) "Inaccessible public land" means public land wholly surrounded by private land by which there is no other legal access via public road, trail, right of way or easement; public waters; adjacent federal, state, county, or municipal land that is open to public use; or adjacent private land for which that landowner has not granted permission to cross.

(2) "Landowner" means an individual, association, organization, or business entity, that owns land in fee, or a tenant or contract for deed purchaser with written authority to enter a PALA and receive payments.

(3) "PALA" means public access land agreement. A PALA is an agreement between a private landowner and the department pursuant to 87-1-295, MCA, whereby the public is allowed access across private lands to inaccessible public lands or under accessible public lands.

(4) "PL/PW" means private land/public wildlife advisory committee provided for in 87-1-269, MCA.

(5) "Public land" means FWP lands, and state and school trust lands as defined in 77-1-101, MCA, or federal land managed by the U.S. Department of the Interior or the U.S. Department of Agriculture.

(6) "Public land that is leased by the landowner" means "Inaccessible public land" or "under accessible public land" for which a landowner has an agreement with a government agency authorizing the landowner to use the whole or part of the public land for grazing or farming.

(7) "Under accessible public land" means public land for which there is no other legal access point within one mile via public road, trail, right of way or easement; public waters; adjacent federal, state, county, or municipal land that is open to public use. A distance of less than one mile may be eligible if the department determines that it improves public access to lands based on site specific considerations. Access via public waters may also be considered under accessible if there are safety concerns which limit access by boat (due to rapids, boulders, log jams) and/or by foot while remaining within the high water mark (due to swift currents, deep water along banks, slippery substrate).

History

Authorizing statute(s): 87-1-295, MCA
Implementing statute(s): 87-1-295, MCA
History: NEW, 2020 MAR p. 779, Eff. 5/1/20; AMD, 2023 MAR p. 211, Eff. 3/11/23.

Mont. Admin. R. 12.2.606 Application for Public Access Land Agreement

(1) The PALA application must include the following information:

(a) legal land description of public land to which access is being proposed;

(b) description of the proposed road, travel route, or connecting private lands legal land description through which access is being proposed;

(d) transportation mode by which public access is to be allowed;

(e) evidence, such as a copy of the lease or permit, as to whether the public land to be accessed is public land that is leased by the landowner; and

(f) requests for reimbursement of improvements, if applicable, on private land to facilitate public access to the public land. Improvements are limited to and valued at $1,000 per agreement year dependent upon available program funds.

(2) If the property through which access is provided is owned in common by multiple owners, the PALA application must specify the share of the payment to which each owner is entitled, and each owner or agent of the owner must sign the application.

(3) The department shall develop and maintain a PALA application form.

(4) Failure to include any required information may result in denial of the application.

History

Authorizing statute(s): 87-1-295, MCA
Implementing statute(s): 87-1-295, MCA
History: NEW, 2020 MAR p. 779, Eff. 5/1/20; AMD, 2023 MAR p. 211, Eff. 3/11/23.

Mont. Admin. R. 12.2.607 Public Access Land Agreements

(1) Before approving a PALA the department must exercise due diligence to verify that:

(a) the public lands are not restricted or closed to general recreational use by the land management agency that owns or has legal control of the public land;

(b) the private lands, or any right of way, road, or trail to be utilized are wholly owned by the applicant(s) and there is open access across the designated access route;

(d) access routes restricted to foot travel only:

(i) must be capable of accommodating normal ambulatory travel; and

(ii) must not exceed one linear mile from the beginning to the end of the access route; and

(e) access routes available to motorized vehicles must be safe and passable during dry conditions for two-wheel drive vehicles.

(2) If access to inaccessible public land or under accessible public land can only or most effectively be provided through separate properties owned by different landowners, an agreement may be issued with each landowner provided each landowner holds the lease or permit on the public land or the public land does not have an existing lease or permit.

(3) Contingent on the annual availability of funds to operate the PALA program, landowners may elect to participate in a PALA for up to 10 years with the agreement being renewed annually.

(4) Applications must be received by a date set by the department to allow for time for adequate department review.

(5) A PALA shall not be construed to support, establish or preclude, limit or diminish any claim for the right to public use.

(6) The department may not enter a PALA where there is an existing right of public access over the proposed access route. If the department is uncertain whether the proposed access route is public or private, or if a controversy exists over whether the proposed access route is public or private, the department shall present its findings to the PL/PW for its consideration in its recommendation.

(7) Consideration for PALA enrollment will be given to those sites that are open during commission-established hunting or fishing seasons, or both.

(8) A PALA may be terminated by the department or the landowner if the terms of the agreement are violated. An agreement may be canceled, and a landowner's property withdrawn from the program at any time due to circumstances beyond the control of the landowner or the department, such as death, illness, natural disaster, or acts of nature. In the event of termination, payment will be reduced and correlated to the time frame and access provided.

(9) The landowner and the department may deny access to an individual(s) for violation of PALA rules.

(10) A PALA does not convey to the public any right to hunt or otherwise recreate on the private land through which they can travel to reach public land.

(11) The department shall maintain and make available to the public a list of current PALA locations and rules.

(12) With department approval, a landowner may impose reasonable limitations through temporary closure of a PALA to address concerns related to high fire danger, weather-related impact to travel route, safety, or agricultural production activities such as livestock handling or harvest and planting of crops, so long as:

(a) the landowner notifies department regional headquarters at least 24 hours prior to the closure;

(b) the landowner posts notice to the public on-site;

(d) its closure is in effect for no more than seven days without additional department review and approval.

History

Authorizing statute(s): 87-1-295, MCA
Implementing statute(s): 87-1-295, MCA
History: NEW, 2020 MAR p. 779, Eff. 5/1/20; AMD, 2023 MAR p. 211, Eff. 3/11/23.

Mont. Admin. R. 12.2.608 Landowner Compensation

(1) In negotiating for the annual payment to a landowner, the department shall consider:

(a) acres of public land accessed;

(b) the quality of fish or wildlife habitat that may be provided by the public land to be accessed;

(d) mode of transportation allowed;

(e) whether closures can be expected; and

(f) other uses allowed.

(2) Landowners in the program may receive:

(a) monetary compensation not to exceed $15,000 per annual agreement; and

(b) improvements provided by the department to the private land that facilitate public access.

History

Authorizing statute(s): 87-1-295, MCA
Implementing statute(s): 87-1-295, MCA
History: NEW, 2020 MAR p. 779, Eff. 5/1/20; AMD, 2023 MAR p. 211, Eff. 3/11/23.

Mont. Admin. R. 12.2.609 Adoption of Private Landowner’s Rules

(1) Any individual accessing lands that are approved by either the department or the commission for public access programs administered by the department must adhere to the rules established by the landowner.

(2) A violation of a landowner’s published access rules on lands enrolled in any of the public access programs administered by the department is considered a violation of commission rule.

(3) The landowner’s published access rules will be available on the department’s website.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-301, MCA
History: NEW, 2025 MAR, Notice No. 2025-250, Eff. 10/25/25.

Chapter 12.3 Licensing

Subchapter 12.3.1 Special Licensing

Mont. Admin. R. 12.3.126 Criteria and Procedure for Approval of Angler Education Events and Activities

(1) A participant in an angler educational event or activity that is approved by the department in accordance with this rule may fish without the otherwise required fishing license while participating in the event on the specified body of water.

(2) To be approved by the department as an angler education event or activity for which fishing licenses are not required, the event or activity must meet the following criteria:

(a) the event must be educational in nature and should instruct participants on fish identification, fishing regulations, fishing ethics, fishing techniques, and water safety;

(b) the event must be held at times and places that do not substantially conflict with other users of the water body;

(c) the event must be taught by or under the guidance of an employee of the department or by an instructor certified by the department as competent to instruct in the matters described in (a) above;

(d) the event must not be a part of a profit-making event or activity, except that a service organization or other nonprofit entity may conduct an event as a part of a fund raising activity;

(e) the event must take place on the body of water and only for the dates and times specified in the application; and

(f) the event must be approved in accordance with the procedures set forth in ARM 12.3.127.

History

Authorizing statute(s): 87-2-808, MCA
Implementing statute(s): 87-2-808, MCA
History: NEW, 1998 MAR p. 2277, Eff. 8/28/98.

Mont. Admin. R. 12.3.127 Procedure for Angler Applications and Events

(1) The department will review an application for an angler education event or activity as follows:

(a) an application for approval of an angler education event must be submitted to the department's state angler education coordinator in Helena sufficiently prior to the date of the event to allow the department time to review the application. The application must be in writing, and must include the date, time, and location of the proposed event and must demonstrate that the event meets the criteria of ARM 12.3.126;

(b) the angler education coordinator will review the application and determine whether the event satisfies the criteria of ARM 12.3.126;

(c) if the coordinator determines the application satisfies the criteria of ARM 12.3.126, written approval of the event will be provided to the applicant; and

(d) if the angler education coordinator determines the event does not meet the criteria of ARM 12.3.126, the coordinator will notify the applicant in writing of that determination.

(2) A person conducting an approved angler education event must have the written approval of the department available at the location of the event. The applicant must keep a written record of attendees and participation in the event and submit a copy of the record to the department's angler education coordinator within 15 days of the conclusion of the event. A person who fails to provide the report will not be approved for another angler education event until the report is filed.

History

Authorizing statute(s): 87-2-808, MCA
Implementing statute(s): 87-2-808, MCA
History: NEW, 1998 MAR p. 2277, Eff. 8/28/98.

Mont. Admin. R. 12.3.128 Training and Certification of Volunteers

(1) The angler education events and activities approved by the department should be conducted as much as possible by volunteer instructors certified by the department.

(2) Any individual who satisfies the following requirements may be certified to conduct angler education events and activities:

(a) the individual must be 18 years of age or older;

(b) the individual must complete an instructor training course offered and conducted by the department; and

(c) the individual must not have been convicted of a felony under any criminal law, nor have been convicted of a fish or game violation under any law, nor forfeited bond or bail on a fish or game citation of any kind.

History

Authorizing statute(s): 87-2-808, MCA
Implementing statute(s): 87-2-808, MCA
History: NEW, 1998 MAR p. 2277, Eff. 8/28/98.

Subchapter 12.3.5 General Information Pertaining to Licenses and Permits

Mont. Admin. R. 12.3.501 Definitions

For purposes of this chapter:

(1) "Bonus point" means the same as described in 87-2-117, MCA.

(2) "Commission" means the Montana Fish and Wildlife Commission.

(3) "Contiguous land" means land that is owned in fee title by the applicant and that is not interrupted by land owned by another person.

(4) "Department" means the Department of Fish, Wildlife and Parks.

(5) "Drawing" means the random selection of licenses or permits when applications received exceed the quota set by the commission for a hunting district. The license or permit may include limitations on taking by sex, age, species, time period, or designated area.

(6) "Game damage" means the same as described in 87-1-225, MCA.

(7) "Land that is used by elk" means land that elk inhabit as documented by the department.

(8) "Landowner preference" means a drawing that is conducted before the general drawings as described in 87-2-516, 87-2-705, 87-2-714, and 87-2-735, MCA, in which the landowners are randomly drawn for a portion of the quota as set by the commission.

(9) "Landowner sponsor" means a landowner who meets the qualifications of 87-2-511, MCA, and these rules for licenses.

(10) "License" means an electronic or hard copy document issued to an individual that grants the opportunity to hunt or fish for the species of animal.

(11) "Party" means a group of two to five persons applying together to obtain a permit or license.

(12) "Permit" means an electronic or hard copy document to be used in conjunction with the proper license expanding or restricting opportunities to hunt or fish for specific species of animals.

(13) "Preference point" means the same as established in 87-2-115, MCA.

(14) "Quota" means a set number of animals to be harvested, or licenses to be issued, within a specified land area (hunting district, administrative region, or state).

(15) "Regional license quota" means the total quota established of hunting districts within a specific department administrative region.

(16) "Super-tag" means licenses established under 87-1-271, MCA.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-1-201, MCA
History: NEW, 1991 MAR p. 815, Eff. 5/31/91; AMD, 2017 MAR p. 1951, Eff. 10/28/17; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.110, 2022 MAR p. 325, Eff. 3/12/22; AMD, 2025 MAR, Notice No. 2025-297, Eff. 12/6/25.

Mont. Admin. R. 12.3.502 Forms of Identification

(1) A valid state, federal, or tribal government-issued picture identification may be used to substantiate the required information when purchasing a resident license or permit.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-2-106, MCA
History: NEW, 2022 MAR p. 280, Eff. 2/26/22; AMD, 2025 MAR, Notice No. 2025-297, Eff. 12/6/25.

Mont. Admin. R. 12.3.503 Limitation on Number of Hunting Licenses

(1) When the commission sets a limitation or quota for the number of hunting licenses to be issued in any hunting district or other designated area, resident applicants shall receive at least 90% of the total hunting licenses to be issued for that game species in that district. When the number of resident applicants totals less than 90% of the quota for that district, all resident applicants shall receive a hunting license for that game species.

(2) The remaining licenses will be issued to the nonresident applicants for that district by drawing.

History

Authorizing statute(s): 87-1-201, 87-2-506, MCA
Implementing statute(s): 87-1-304, 87-2-506, 87-2-701, MCA
History: NEW, Eff. 6/4/75; AMD, 1980 MAR p. 2192, Eff. 7/18/80; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.105, 2022 MAR p. 325, Eff. 3/12/22; AMD, 2025 MAR, Notice No. 2025-297, Eff. 12/6/25.

Mont. Admin. R. 12.3.504 Excess Licenses/Permits

(1) When there are licenses or permits remaining after a drawing is conducted under these rules, those licenses or permits may be issued as determined by the director.

History

Authorizing statute(s): 87-1-304, MCA
Implementing statute(s): 87-1-304, MCA
History: NEW, 1991 MAR p. 815, Eff. 5/31/91; TRANS, from ARM 12.3.122, 2022 MAR p. 325, Eff. 3/12/22.

Mont. Admin. R. 12.3.506 Free Special Permit License for a Person Under the Age of 18 with a Life-Threatening Illness

(1) To qualify for a free special permit license, an application must be completed and provided to the department. Applications must be submitted on a form supplied by the department and will be processed on a first-come, first-served basis.

(2) Any charitable or nonprofit organization recommending a youth hunter with a life-threatening illness to receive a special permit license must provide a copy of their current federal tax status, such as an Internal Revenue Service determination letter, the organization’s IRS Form 1023, the organization’s articles of incorporation, or a statement from the state taxing body reflecting nonprofit or charitable status. The recommendation must include the youth hunter’s name, and if applicable, the name of the adult or licensed Montana outfitter who will be representing the organization.

History

Authorizing statute(s): 87-2-805, MCA
Implementing statute(s): 87-2-805, MCA
History: NEW, 2025 MAR, Notice No. 2025-297, Eff. 12/6/25.

Mont. Admin. R. 12.3.510 Apprentice Certificate

(1) An apprentice must be accompanied by a mentor while hunting or trapping. The mentor must:

(a) meet the requirements of 87-2-810, MCA;

(b) possess a completed department-issued designation form;

(d) remain within direct voice contact with the apprentice without the use of enhancement or transmittal devices, except prescription hearing aids; and

(e) remain within direct sight of the apprentice without the use of any magnifying or enhancing aids except prescription eyewear.

(2) Apprentice hunters 15 years of age or younger are allowed to hunt during any specified statewide youth season as provided in the regulations.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-2-810, MCA
History: NEW, 2015 MAR p. 1486, Eff. 9/25/15; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.187, 2022 MAR p. 325, Eff. 3/12/22; AMD, 2025 MAR, Notice No. 2025-297, Eff. 12/6/25.

Mont. Admin. R. 12.3.511 Salvage Permits

(1) For the purposes of 87-3-145, MCA, an individual may apply for a salvage permit for a deer, elk, moose, or antelope accidentally killed as a result of a vehicle collision through an electronic application and issuing process within 24 hours of taking possession of the animal.

(2) Any animal taken for salvage must:

(a) be taken in its entirety; and

(b) be disposed of in accordance with 75-10-213, MCA.

(3) The salvage permit will be issued on a form provided by the department.

(4) Licenses and tags issued for the purpose of hunting shall not be used for purposes of salvaging animals.

(5) All parts of animals salvaged shall be made available for inspection by a peace officer upon request.

History

Authorizing statute(s): 87-3-145, MCA
Implementing statute(s): 87-1-301, 87-3-145, MCA
History: NEW, 2013 MAR p. 2077, Eff. 11/15/13; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.186, 2022 MAR p. 325, Eff. 3/12/22.

Mont. Admin. R. 12.3.512 Donated Licenses

(1) In accordance with 87-2-815, MCA, the nonprofit organization must provide a copy of the articles of incorporation to the department as verification of eligibility.

(2) Donated licenses must be received by the department prior to the beginning of the hunting season in which they are applicable.

(3) Applications must be submitted on a form supplied by the department.

(4) Applications will be processed on a first come first served basis.

(5) Licenses donated to specific organizations will be issued to the list of disabled veterans or disabled members of the armed forces provided by the organization to the department.

History

Authorizing statute(s): 87-2-815, MCA
Implementing statute(s): 87-2-815, MCA
History: NEW, 2022 MAR p. 280, Eff. 2/26/22; AMD, 2025 MAR, Notice No. 2025-297, Eff. 12/6/25.

Mont. Admin. R. 12.3.513 Replacement Licenses and Permits

(1) A hunter may replace a department-issued hunting license or permit that is lost, stolen, or destroyed at a department office or via the department’s online licensing service.

(2) The fee for each replacement license or permit issued under this rule is $5.

(3) Licenses and permits seized pursuant to a law enforcement action are not considered to be lost, stolen, or destroyed and will not be replaced.

(4) Replacement licenses and permits for animals deemed unfit for human consumption will be issued pursuant to ARM 12.3.514.

History

Authorizing statute(s): 87-2-104, MCA
Implementing statute(s): 87-2-104, MCA
History: NEW, 1991 MAR p. 815, Eff. 5/31/91; AMD, 2000 MAR p. 3200, Eff. 11/23/00; AMD, 2007 MAR p. 1323, Eff. 9/7/07; AMD, 2020 MAR p. 900, Eff. 5/16/20; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.403, 2022 MAR p. 325, Eff. 3/12/22; AMD, 2025 MAR, Notice No. 2025-297, Eff. 12/6/25.

Mont. Admin. R. 12.3.514 Animals Unfit for Human Consumption

(1) The department will issue a replacement license or permit when and animal is deemed unfit for human consumption due to disease or prior injury.

(2) A majority of an animal must be unfit for human consumption in order for a replacement license or permit to be issued.

(3) The determination of whether an animal is unfit for human consumption is at the discretion of a department-approved employee and may require a test completed in accordance with department-approved testing standards.

(4) The animal must be surrendered as directed by department personnel.

(5) Replacement licenses and permits will be issued at a department regional office, area office, or at the headquarters in Helena, Montana during normal operating hours.

(6) If the animal was harvested using a combination license, the replacement license will be issued for only the portion of the license used to harvest the animal deemed unfit for human consumption.

(7) The hunter must designate whether they chose to be issued the replacement licenses or permit for the current year or the next license year when requesting a replacement licenses or permit.

(8) A replacement license or permit will not be issued if the lack of fitness for human consumption is due to the hunter’s improper handling or care of the animal.

History

Authorizing statute(s): 87-2-104, MCA
Implementing statute(s): 87-2-104, MCA
History: NEW, 1991 MAR p. 815, Eff. 5/31/91; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.404, 2022 MAR p. 325, Eff. 3/12/22; AMD, 2025 MAR, Notice No. 2025-297, Eff. 12/6/25.

Mont. Admin. R. 12.3.515 Hunters Against Hunger

(1) The department will annually distribute all funds accumulated in the hunters against hunger account to a federally tax exempt nonprofit organized under 26 U.S.C. 501(c)(3) with a mission to distribute food and provide charitable services to those in need on a statewide basis.

(2) The organization must:

(a) coordinate with other nonprofit organizations within the state to process game animals donated and distribute the processed meat to those in need;

(b) provide a list of meat processors responsible for processing donated game animals; and

(3) Game animals donated for processing must be legally harvested or confiscated by law enforcement. Game animals killed by a vehicle are not permitted to be processed and distributed under this program.

(4) All processed meat through the hunters against hunger program will be offered at no charge to those in need.

(5) The contract will provide annual reporting requirements and any other conditions necessary. Noncompliance with the contract will result in loss or delay of funds.

History

Authorizing statute(s): 87-1-293, MCA
Implementing statute(s): 87-1-293, 87-1-628, MCA
History: NEW, 2014 MAR p. 2002, Eff. 9/5/14; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.411, 2022 MAR p. 325, Eff. 3/12/22.

Mont. Admin. R. 12.3.516 Supporting Bowhunters with Disabilities Program

(1) The department will distribute funds from the supporting bowhunters with disabilities account to a federally tax-exempt non-profit organized under 26 U.S.C. 501(c)(3) that assists a disabled hunter in acquiring modified archery equipment.

(2) The disabled hunter must complete and qualify for a permit to modify archery equipment from the department. Forms to obtain the permit are available on the department’s website and at regional offices.

(3) The permit only allows modification of lawful archery tackle and must be used with a valid bow and arrow license, and appropriate hunting license.

(4) The modified archery equipment allows a person with a disability to use archery tackle that supports the bow, and draws, holds, and releases the string to accommodate the individual’s disability. Arrows are not exempt, and must meet the commission’s requirements for the archery only season.

(5) Crossbows (including but not limited to horizontal, vertical, or gun-type stock) do not meet the definition of modified archery equipment and are not permitted.

(6) Each application for reimbursement from the department must be accompanied by:

(a) receipts verifying each expenditure for audit purposes;

(b) proof of the nonprofit organization’s current federal tax status, such as an Internal Revenue Service determination letter, the organization’s IRS Form 1023, the organization's articles of incorporation, or a statement from the state taxing body reflecting nonprofit status; and

History

Authorizing statute(s): 87-1-298, MCA
Implementing statute(s): 87-1-298, 87-1-630, MCA
History: NEW, 2025 MAR, Notice No. 2025-297, Eff. 12/6/25.

Subchapter 12.3.6 Drawing Applications and Refunds

Mont. Admin. R. 12.3.601 Application for Drawings

(1) The application deadline for B-10 and B-11 license drawings is April 1.

(2) The application deadline for elk and deer permit drawings is April 1.

(3) The application deadline for moose, sheep, goat, and bison drawings is May 1.

(4) The application deadline for elk B, deer B, antelope, and antelope B license drawings is June 1.

(5) Applications for youth licenses and permits are determined by the age of the child at the time of submitting the application.

(6) All applications for participation in any permit or license drawing, except drawings under ARM 12.9.804A (damage hunts) must be submitted by the express deadline.

(7) No changes will be made after the application deadline.

(8) If an application for any species is rejected by the department pursuant to this rule:

(a) the application will not be included in the drawing;

(b) the applicant will not be awarded a bonus point for that drawing for that species; and

(c) the drawing fee, preference point fee, bonus point fee, and any prerequisite licenses once the application is entered into the drawing, will be retained by the department.

(9) Rejection of an application pursuant to this rule is equivalent to failure to apply.

History

Authorizing statute(s): 87-1-201, 87-2-701, MCA
Implementing statute(s): 87-1-304, 87-2-506, 87-2-701, 87-2-705, MCA
History: NEW, 2000 MAR p. 2519, Eff. 9/22/00; AMD, 2003 MAR p. 298, Eff. 2/28/03; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.140, 2022 MAR p. 325, Eff. 3/12/22; AMD, 2025 MAR, Notice No. 2025-297, Eff. 12/6/25.

Mont. Admin. R. 12.3.602 Party Applications

(1) All valid applications will be considered as a single application for purposes of the primary drawing; that is, all members will either be successful or unsuccessful.

(2) The party establisher will designate all members of the party at the time of application.

(3) Each party member is responsible for individually finalizing their own applications.

(4) Applications must have all requested party information, and that information must be correctly presented.

(5) The party establisher will create the party's hunting districts, bonus point enrollment, outfitter preference point, and preference point enrollment for the entire party. Any member applying under different designations will be removed from the party and will be entered into the drawing individually.

(6) Any applicant applying as a member of a party and who is otherwise eligible for landowner preference will be removed from the party and entered into the landowner preference drawing as an individual.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-304, 87-2-506, 87-2-701, 87-2-702, 87-2-705, 87-2-706, MCA
History: NEW, 2000 MAR p. 2519, Eff. 9/22/00; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.160, 2022 MAR p. 325, Eff. 3/12/22.

Mont. Admin. R. 12.3.603 Bonus Points

(1) Bonus points are non-refundable and non-transferable between applicants or species.

(2) If an applicant for a permit or license drawing who has elected to participate in the bonus points program by paying the fee established in 87-2-113, MCA, is unsuccessful in drawing their first choice opportunity, they shall retain the bonus point they purchased.

(3) The department may only apply accumulated bonus points to an applicant’s chance to obtain a license or permit during a drawing if the applicant purchases a bonus point when applying for the license or permit.

(4) An applicant for a drawing with an unlimited quota will not be offered an opportunity to participate in the bonus points program for that license type in the same license year.

(5) An applicant’s bonus points accumulate until the applicant is successful in drawing a permit or license for a species in their first-choice district, including landowner preference applications.

(6) If an applicant is successful in drawing a permit or license for a species, the applicant’s bonus points are reduced to zero for that species only.

(7) If the following special circumstances occur, an applicant who is successful in drawing a permit or license may retain their accumulated bonus points if the applicant:

(a) is a member of the armed forces and is either deployed outside the continental United States in support of a contingency operation as provided in 10 U.S.C. 101(a)(13) or deployed in response to a state or national emergency; or

(b) is affected by a catastrophic or major natural disaster or man-made event that requires the applicant’s assistance as a member of a local, state, or federal management society.

(8) A qualifying applicant under (7) must return the unused permit or license prior to the first day of the season applicable to the permit or license.

(9) The director or designee may authorize exceptions for extenuating circumstances.

(10) Applicants who lose hunting and fishing privileges through court action will lose accumulated bonus points for all species.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-2-113, 87-2-117, MCA
History: NEW, 2000 MAR p. 2519, Eff. 9/22/00; AMD, 2001 MAR p. 2287, Eff. 11/22/01; AMD, 2002 MAR p. 2654, Eff. 9/27/02; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.135, 2022 MAR p. 325, Eff. 3/12/22; AMD, 2025 MAR, Notice No. 2025-297, Eff. 12/6/25.

Mont. Admin. R. 12.3.604 Outfitter Preference Points

(1) Preference points are non-refundable and not transferable between applicants.

(2) In accordance with 87-2-115, MCA, nonresidents hunting with an outfitter may purchase an outfitter preference point in addition to the purchase of a preference point.

(3) If an applicant is unsuccessful in the drawing and retains their outfitter preference point, those accumulated points may only be used when the applicant elects to hunt with an outfitter at the time of application in subsequent drawings if done in consecutive years.

(4) Licenses issued using the outfitter preference point shall be clearly marked "OUTFITTER PREFERENCE POINT LICENSE" and shall be endorsed by the outfitter(s) providing the service under that license, in a manner determined by the department.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-2-115, MCA
History: NEW, 2022 MAR p. 280, Eff. 2/26/22.

Mont. Admin. R. 12.3.616 Alternate List

(1) Interested nonresident hunters may sign up to be placed on a randomized list for a B-10 or B-11 license.

(2) Interested nonresident hunters may be contacted and given the opportunity to purchase a license in the event refunds are issued to successful applicants which leave quotas unmet.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-2-511, MCA
History: NEW, 1991 MAR p. 815, Eff. 5/31/91; AMD, 1993 MAR p. 2915, Eff. 12/10/93; AMD, 1999 MAR p. 413, Eff. 3/12/99; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.123, 2022 MAR p. 325, Eff. 3/12/22.

Mont. Admin. R. 12.3.618 Deer Permits

(1) Residents may not apply for a deer permit without first purchasing an A-3 license.

(2) Nonresidents must purchase a B-10 or B-11 license at the time of submittal of drawing applications.

History

Authorizing statute(s): 87-1-304, MCA
Implementing statute(s): 87-1-304, MCA
History: NEW, 1991 MAR p. 815, Eff. 5/31/91; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.115, 2022 MAR p. 325, Eff. 3/12/22; AMD, 2025 MAR, Notice No. 2025-297, Eff. 12/6/25.

Mont. Admin. R. 12.3.619 Elk Permits

(1) The elk permit fees established in 87-2-704, MCA, are non-refundable. The department issues elk permits for landowner preference described in 87-2-705, MCA, according to the following policies and procedures:

(a) The statutory requirement of 640 acres of contiguous land is used only to determine if the applicant is eligible to apply as a landowner.

(b) If license/permits are valid in a designated portion of a hunting district, some of the land owned by the applicant must be within the boundaries of that portion.

(c) Both resident and nonresident landowners must use the special drawing application provided by the department. The department shall verify that the applicant owns 640 acres, that it is contiguous land used by elk as determined by the department, and that the designee of the landowner preference is eligible.

(d) Partnerships may delegate landowner preference to members of immediate family, a partner or employee. Only one person may be delegated landowner preference for each sole proprietorship, partnership or corporation. A corporation may delegate the landowner preference to one shareholder.

(e) All applicants entitled to landowner preference will be considered in the preference drawings for elk. Unsuccessful landowner applicants to exceed 15% of a district will be entered into the regular drawings with their district choices.

(2) Residents may not apply for an elk permit without first purchasing and A-5 elk license.

(3) Nonresidents must purchase the B-10 at the time of submittal of drawing applications.

History

Authorizing statute(s): 87-2-704, MCA
Implementing statute(s): 87-2-704, 87-2-705, MCA
History: NEW, 1991 MAR p. 815, Eff. 5/31/91; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.113, 2022 MAR p. 325, Eff. 3/12/22; AMD, 2025 MAR, Notice No. 2025-297, Eff. 12/6/25.

Mont. Admin. R. 12.3.620 Moose, Sheep, and Goat Licenses

(1) Applicants for moose and goat licenses must designate only one choice for a hunting district.

(2) Applicants for sheep licenses must designate a first choice for hunting district. Any secondary opportunity selection must be for ewe only.

(3) The following procedure will be used when allocating 10% license opportunities for nonresidents in moose, sheep, and goat drawings:

(a) The total regional license quota, by species and region, will be used to determine 10% nonresident quota.

(b) Nonresident license allocations will be applied to those hunting districts and season types with a quota of ten or more.

(c) Any remaining license allocation will be included, on a rotating basis, in those hunting districts and season types with a quota of less than ten.

(d) If no hunting district in a region has a quota of ten or more licenses, all of the nonresident license authority will be allocated as described in (c).

(e) If a region has a total quota of less than ten, no nonresident license allocations will be made for that region.

History

Authorizing statute(s): 87-1-304, 87-2-701, MCA
Implementing statute(s): 87-1-304, 87-2-506, 87-2-701, MCA
History: NEW, 1991 MAR p. 815, Eff. 5/31/91; AMD, 1994 MAR p. 392, Eff. 2/25/94; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.116, 2022 MAR p. 325, Eff. 3/12/22.

Mont. Admin. R. 12.3.621 Moose, Sheep, and Goat - Seven-Year Wait Requirement

(1) Applicants who are successful in drawing a moose, sheep, or goat license must finalize their purchase on or before August 1 of the current license year, except licenses that have an unlimited quota.

(2) On or before August 1 of the current license year, applicants who are successful in drawing a moose, sheep, or goat license may request to have their successful application voided. A voided application under this rule does not subject a hunter to the seven-year wait requirement when the applicant is:

(a) a member of the armed forces and is either deployed outside the continental United States in support of a contingency operation as provided in 10 U.S.C. 101(a)(13) or deployed in response to a state or national emergency; or

(b) affected by a catastrophic or major natural disaster or man-made event that requires the applicant's assistance as a member of a local, state, or federal management agency.

(3) Moose, sheep, and goat licenses that are not finalized before August 1, and applications which are voided under these circumstances, may be reissued to unsuccessful applicants for the original drawing.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-2-702, MCA
History: NEW, 2002 MAR p. 2654, Eff. 9/27/02; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.134, 2022 MAR p. 325, Eff. 3/12/22; AMD, 2025 MAR, Notice No. 2025-297, Eff. 12/6/25.

Mont. Admin. R. 12.3.622 Super-Tag Hunting Licenses

(1) For each species, as designated in 87-1-271, MCA, an unlimited number of chances to draw a super-tag will be sold at $5 per chance.

(2) The department will conduct a drawing to select the super-tag winner for each species.

(3) Only a person legally eligible to be licensed may purchase chances to draw a super-tag or use a super-tag. A person must possess a valid conservation license to be eligible to purchase a chance to draw a super-tag.

(4) The super-tag is valid for the taking of one animal of the species for which it is issued and is valid only for the current license year. A super-tag may be used in any legally described hunting district with an established season. The person using the super-tag may use it only during a hunting district's established season and is subject to all hunting regulations, including special weapons regulations, that apply to a hunting district. However, if a hunting district requires a permit to hunt that species in that district, a super-tag can be used without the special permit, and a super-tag is not subject to an established quota in a hunting district.

(5) In the event that a person who drew a license or purchased a license is also drawn for the super-tag for the same species, the person must surrender the license to the department before receiving the super-tag. The department will refund the license fee paid by the winner of the super-tag. The person winning the super-tag shall retain any accumulated bonus points for that species.

(6) The super-tag is a nontransferable license.

History

Authorizing statute(s): 87-1-271, 87-1-301, MCA
Implementing statute(s): 87-1-271, MCA
History: NEW, 2006 MAR p. 669, Eff. 3/10/06; AMD, 2007 MAR p. 965, Eff. 7/6/07; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.185, 2022 MAR p. 325, Eff. 3/12/22.

Mont. Admin. R. 12.3.623 Resident Super-Tag Hunting License

(1) Each resident purchasing a deer or elk general license between March 1 and June 30 shall be given a single entry into a random drawing for a Shiras moose, mountain sheep, or mountain goat super-tag, as designated by the Fish and Wildlife Commission. The department will recommend to the Fish and Wildlife Commission the species to be selected for the resident super-tag for each license year.

(2) The department will conduct a drawing to select the resident super-tag winner.

(3) A person must be a resident, as defined in 87-2-102, MCA, and must be legally eligible to be licensed for a super-tag species to receive a resident super-tag.

(4) The resident super-tag is valid for the taking of one animal of the species for which it was issued and is valid only for the current license year. A resident super-tag may be used in any legally described hunting district with an established season for that species. The person using the resident super-tag may use it only during a hunting district's established season and is subject to all hunting regulations, including special weapons regulations, that apply to a hunting district. However, a resident super-tag is not subject to an established quota in a hunting district.

(5) A participant in the resident super-tag lottery may also apply for moose, sheep, and goat licenses under 87-2-701, MCA, and ARM 12.3.620 and participate in the super-tag lottery established in 87-1-271, MCA and ARM 12.3.622. In the event that a person is drawn for a moose, sheep, or goat license and a resident super-tag for that species in a single license year, the person must surrender that license to the department before receiving the resident super-tag. The department will refund the license fee paid by the winner of the resident super-tag. The person winning the resident super-tag shall retain any accumulated bonus points for that species.

(6) The resident super-tag is a nontransferable license. However, the successful resident super-tag holder may, prior to August 1, request to return the license and that license may be re-issued to the next entry-holder in the sequence of the original drawing.

History

Authorizing statute(s): 87-1-275, 87-1-301, MCA
Implementing statute(s): 87-1-275, MCA
History: NEW, 2024 MAR p. 2135, Eff. 9/7/24.

Mont. Admin. R. 12.3.626 Application Errors

(1) Applications submitted with errors may be sent back to the applicants for correction at the department's discretion if time allows.

(2) If the department commits an error which results in the rejection or incorrect processing of an application that has been submitted in compliance with the regulations for a permit or license, the authorized number of permits or licenses, established by the commission, may be exceeded by up to 10% of the quota for each district by at least one license.

(3) The department is not responsible for third-party errors. If an applicant for a permit or license drawing proves to the satisfaction of the department the rejection of the application was due solely to a third-party error, and the department deems there is sufficient time to complete the processing of the application before the drawing is held, the department shall include the application in that drawing.

(4) The issuance of the permit or license will be considered on a case-by-case basis. Any increase in the quotas must be approved by the director and may not exceed 50 for all species in any license year. Any necessary quota extension in excess of the 50 must be approved by the commission.

(5) If the applicant is entitled to purchase a bonus point and/or a preference point and is not entered into the drawing solely because of an error, and the applicant fails to obtain a permit or license for the year the application was submitted, the applicant is entitled to purchase a bonus point or preference point for that year.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-304, 87-2-506, 87-2-701, 87-2-702, 87-2-705, 87-2-706, MCA
History: NEW, 2000 MAR p. 2519, Eff. 9/22/00; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.165, 2022 MAR p. 325, Eff. 3/12/22.

Mont. Admin. R. 12.3.627 License and Permit Refunds

(1) All license sales are final.

(2) No refund will be issued for any licenses or permits sold by the department, or associated fees, except as provided in this rule.

(3) The department will issue refunds as follows:

(a) a surviving heir of a license or permit holder may receive a full refund of the license or permit fees if the license or permit holder dies and has not used the license or permit;

(b) a license or permit holder may receive a 90% refund if a spouse, domestic partner, parent, step-parent, child, or step-child dies and the license or permit holder has not used the license or permit;

(c) a license or permit holder may receive a 90% refund in the event that a medical occurrence prevents the license or permit holder from using the license or permit;

(d) if an applicant is issued an incorrect license or permit through the fault of the department or a license agent, the license fees will be refunded, and the applicant may purchase the correct license or permit;

(e) B-10 and B-11 license holders may receive a license refund according to the following schedule, provided the license holder certifies that the license was not used:

(i) 80% refund if postmarked on or before August 1 of the license year;

(ii) 50% refund if postmarked after August 1 of the license year, but on or before the first day of the season for which the license is applicable.

(4) The director, or designee, may authorize exceptions to this rule due to extenuating circumstances including but not limited to the following:

(a) declaration of war or police action;

(b) catastrophic or major natural disaster or man-made event that necessitates the assistance from state or federal emergency management agency.

(5) Requests for refunds must be postmarked by December 1.

(6) Any request for a refund must be accompanied by supporting documentation as requested by the department.

(7) Refunds will not be issued for any licenses or permits sold on behalf of other entities.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-301, MCA
History: NEW, 1991 MAR p. 815, Eff. 5/31/91; AMD, 1993 MAR p. 1330, Eff. 5/14/93; AMD, 1996 MAR p. 768, Eff. 3/22/96; AMD, 1999 MAR p. 413, Eff. 3/12/99; AMD, 2002 MAR p. 1072, Eff. 4/12/02; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.402, 2022 MAR p. 325, Eff. 3/12/22.

Mont. Admin. R. 12.3.628 Conversion of License Type

(1) A resident who has purchased a bear, deer, elk, bird, or fishing license may request a refund by returning the license to the Helena office or a regional office at the time of application for a class AAA combination license.

(2) A resident who purchases a class A-8 license may request a refund by returning the license to the Helena office or a regional office at the time of application for a class A license.

(3) A nonresident who has purchased a season bird, season fishing, or deer license may request a refund by returning the license to the Helena office at the time of application for a B-10 or B-11 license.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-1-201, MCA
History: NEW, 2022 MAR p. 280, Eff. 2/26/22.

Mont. Admin. R. 12.3.629 Extension of Deadlines

(1) The director has the authority to extend a deadline for purchasing or applying for a license or permit if, in the director's discretion, a significant event occurs that hinders the public from purchasing or applying for licenses or permits.

History

Authorizing statute(s): 87-1-301, 87-1-304, MCA
Implementing statute(s): 87-1-301, 87-1-304, MCA
History: NEW, 2003 MAR p. 303, Eff. 2/28/03; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.410, 2022 MAR p. 325, Eff. 3/12/22.

Mont. Admin. R. 12.3.650 Smith River Permit

(1) A permit and payment of floating fees are required to float the Smith River from the Camp Baker put-in to the Eden Bridge take-out year-round. This requirement does not apply to a landowner conducting a day float solely for the purpose of performing maintenance on their contiguous fee title property adjacent to the Smith River in the permitted section of the river.

(2) The permit authorizes the holder and the members of their group to a float beginning on the date specified on the permit.

(3) The permit is issued to an individual and is non-transferable and non-refundable.

(4) A person must submit a permit application to participate in the general lottery. A person must be a minimum of 12 years of age at the time they submit a permit application. No person may submit more than one permit application. A person may purchase an unlimited number of Smith River Super Permit lottery chances.

(5) A permit season begins on April 1 and continues through March 31 of the following year. The percentage of overall permits issued to nonresidents is limited by 23-2-408(1)(b), MCA.

(a) The department shall use a general random lottery to allocate permits that authorize a launch date from April 1 through August 15.

(b) Permits that authorize a launch date from August 16 through March 31 must be obtained by contacting the department's regional office in Great Falls.

(6) A person receiving a permit through the general lottery for a launch date during the peak season of May 15 through July 15 may not apply for a permit the following calendar year for a launch date within this same time period. They may apply for a permit outside of the peak season, accompany another permitted group during the peak season, obtain a cancelled launch permit, or apply for a Super Permit. The department may waive this restriction for trips cancelled due to unsafe conditions caused by inclement weather or river flows, insufficient flows for navigability, or other similar exigent circumstances, not including trips cancelled due to undesirable fishing conditions.

(7) Any permits on dates not fully subscribed during the general lottery shall be made available by the end of March on a first come, first served basis subject to 23-2-408, MCA.

(8) The recipient of a permit must notify the department's regional office in Great Falls or the Camp Baker ranger station when cancelling a permit.

(9) A person cancelling their permit less than two days before their launch date shall be prohibited from applying for a permit the following permit season. This restriction does not apply if the river flows are below 100 cubic feet per second. The department may waive the cancellation penalty for permits cancelled less than two days prior to the launch date due to unsafe conditions caused by inclement weather or river flows, insufficient flows for navigability, or other similar exigent circumstances, not including trips cancelled due to undesirable fishing conditions.

(10) A cancelled permit shall be made available on a daily, first come, first served basis subject to 23-2-408(1)(b), MCA.

(11) Each year the department shall conduct an additional lottery that is separate from the general lottery and is used to issue one permit (Smith River Super Permit) that is valid any day of the year of issuance. An individual may purchase an unlimited number of Super Permit lottery chances. The department may reserve one permit from the general lottery or a cancelled permit to ensure compliance with 23-2-408(1)(b), MCA.

(12) Additional rules governing recreation and commercial use on the Smith River can be found in the board's Smith River biennial rules.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 23-2-408, MCA
Implementing statute(s): 23-2-408, 23-2-409, MCA
History: NEW, 2023 MAR p. 1607, Eff. 11/18/23; AMD, 2024 MAR p. 2137, Eff. 9/7/24.

Mont. Admin. R. 12.3.651 Smith River Bonus Points

(1) Smith River bonus points are non-refundable and non-transferable between applicants.

(2) Smith River bonus points do not apply to hunting permits or licenses.

(3) A person may purchase only one bonus point per year and may:

(a) purchase a bonus point when applying for a Smith River permit by paying the fee established in 23-2-409, MCA; or

(b) if the person is otherwise eligible to apply for a Smith River permit and chooses not to apply that year, purchase a bonus point only between July 1 and September 30 of that year.

(4) The department may only apply accumulated bonus points to a person's chance to obtain a Smith River permit during the lottery if the person purchases a bonus point when applying for the permit.

(5) The department shall mathematically square the number of bonus points a person has accumulated when conducting the lottery for Smith River permits.

(6) If an applicant for a Smith River permit has elected to participate in the bonus points program and is unsuccessful in the drawing, they shall retain the bonus points they purchased.

(7) An applicant's bonus points accumulate until the applicant is successful in drawing a permit.

(8) If an applicant is successful in drawing a Smith River permit, the applicant's bonus points are reduced to zero for the Smith River.

(9) If the following special circumstances occur, an applicant who is successful in drawing a Smith River permit may retain their accumulated bonus points if the applicant:

(b) is affected by a catastrophic or major natural disaster or man-made event that requires the applicant's assistance as a member of a local, state, or federal management agency.

(10) A qualifying applicant under (9) must notify the department a minimum of 14 days prior to the launch date of their permit.

(11) The director or designee may authorize exceptions for extenuating circumstances.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 23-2-408, MCA
Implementing statute(s): 23-2-408, 23-2-409, MCA
History: NEW, 2023 MAR p. 1607, Eff. 11/18/23.

Subchapter 12.3.8 Licenses Sold by Auction or Lottery

Mont. Admin. R. 12.3.801 Proposals for Licenses Sold by Auction or Lottery

(1) Organizations that demonstrate a commitment to the conservation of the species may submit a proposal to the commission for a license to be sold by auction or lottery.

(2) A proposal must include:

(a) a statement of the organization's purpose;

(b) copies of bylaws or articles of incorporation;

(d) details of the organization's previous experience in auctions or lotteries;

(e) information on how the auction or lottery would be conducted and an estimate of the potential revenue that will be generated; and

(f) a statement indicating whether the organization plans to retain up to 10% of the proceeds to cover reasonable auction expenses and that the organization will submit expenses associated with the auction of the license.

(3) The commission reserves the right to reject all bids and proposals.

History

Authorizing statute(s): 87-2-722, 87-2-724, 87-2-725, 87-2-811, 87-2-812, MCA
Implementing statute(s): 87-2-722, 87-2-724, 87-2-725, 87-2-811, 87-2-812, MCA
History: NEW, 2012 MAR p. 1842, Eff. 9/21/12; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.131, 2022 MAR p. 325, Eff. 3/12/22.

Mont. Admin. R. 12.3.802 Procedure for Submitting Proposals and Awarding an Auction or Lottery License

(1) The department will solicit and accept proposals from organizations to conduct auctions or lotteries for licenses.

(2) Proposals for auctions or lottery licenses to be issued for the following license year must be received by the department's Licensing Bureau on or before July 15.

(3) Organizations must submit an independent species-specific proposal for each auction or lottery license they apply for.

History

Authorizing statute(s): 87-2-201, MCA
Implementing statute(s): 87-2-722, 87-2-724, 87-2-725, 87-2-811, 87-2-812, MCA
History: NEW, 2012 MAR p. 1842, Eff. 9/21/12; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.132, 2022 MAR p. 325, Eff. 3/12/22; AMD, 2025 MAR, Notice No. 2025-297, Eff. 12/6/25.

Mont. Admin. R. 12.3.803 Issuance and Use of a License Sold by Auction or Lottery

(1) A license obtained through an auction or lottery may not be resold and may not be transferred except in accordance with this rule.

(2) The highest bidder or lottery winner may designate one person to receive the license before issuance of the license by submitting a completed and signed affidavit provided by the department.

(3) The department shall issue the appropriate hunting license to the highest bidder, lottery winner, or a designee:

(a) after receipt of completed application; and

(b) after verification that the applicant is legally able to be licensed.

(4) A license sold by auction or lottery is valid for one animal of the species for which it is issued.

(5) A license sold by auction or lottery may be used in legally described hunting districts during legal hunting seasons for the species for which the license is issued.

History

Authorizing statute(s): 87-2-722, 87-2-724, 87-2-725, 87-2-811, 87-2-812, MCA
Implementing statute(s): 87-2-722, 87-2-724, 87-2-725, 87-2-811, 87-2-812, MCA
History: NEW, 2012 MAR p. 1842, Eff. 9/21/12; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.133, 2022 MAR p. 325, Eff. 3/12/22.

Chapter 12.4 Stream Access Rules

Subchapter 12.4.1 Management of Recreational Use of Rivers and Streams

Mont. Admin. R. 12.4.101 Purpose

(1) The subchapter sets forth the regulations pertaining to management under 87-1-303 and 23-2-302, MCA, of recreational use of rivers and streams.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 23-2-302, MCA
History: NEW, 1985 MAR p. 917, Eff. 7/12/85.

Mont. Admin. R. 12.4.102 Definitions

For the purposes of this subchapter the definitions found in 23-2-301, MCA, and the following definitions apply:

(1) "Adversely affecting" means significantly and harmfully altering the quality or quantity of fish or wildlife populations.

(2) "Damage" means physical harm to structures, equipment, agricultural production, or stream beds or banks up to the ordinary high-water mark or to land beyond the ordinary high water mark.

(3) "Degradation" means physical harm to the stream banks and beds that results in continuous, long-term violations of state or federal water quality standards.

(4) "Disrupting or altering" means causing modification of an area resulting in a measurable harmful reduction in biotic community or communities.

(5) "Person" means an individual, firm, corporation, association, partnership, municipality, or local, state, or federal governmental agency,

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 23-2-302, MCA
History: NEW, 1985 MAR p. 917, Eff. 7/12/85; AMD, 1996 MAR p. 1838, Eff. 7/4/96.

Mont. Admin. R. 12.4.103 Petitions

(1) Any person may petition the commission:

(a) to limit, restrict, or prohibit the type, incidence, or extent of recreational use of a surface water as provided in this section; or

(b) to alter limitations, restrictions, or prohibitions on recreational use of a surface water imposed by the commission as provided in ARM 12.4.104; or

(c) with respect to class II waters, to identify streams capable of no recreational use or of limited recreational use, and to restrict the recreational use to the actual capacity of the water, as provided in ARM 12.4.106.

(2) Petitions to the commission under this subchapter must:

(a) be in writing and signed by the petitioner or his authorized agent;

(b) state the name and location of the river or stream that is the subject of the petition;

(d) allege one or more of the facts set forth in ARM 12.4.104(2) , 12.4.105(2) or 12.4.106(2) accompanied by specific data or documentation in support thereof; and

(e) describe the historical recreational use of the river or stream that is the subject of the petition, if known.

(3) Upon receipt of a petition, the commission chairman shall order the department to conduct an investigation of the facts alleged, and may order a physical inspection of the area described in the petition.

(4) The department shall publish a notice of the request for action in at least one daily newspaper in the area of the requested action and in at least 4 other major daily newspapers within the state. The notice shall solicit public comment on the proposal and shall provide at least 30 days for public comment from the time of the notice. The department shall provide notice of the petition to any groups or individuals who have expressed interest in the issue.

(5) Within 45 days of the publication of the notice described in ARM 12.4.103(4) , the commission may upon its own motion or upon request of an interested party order a public hearing within the county in which the petition requests commission action.

(6) The department shall submit a report and recommendation to the commission within 45 days after the commission directs an investigation. The department shall send a copy of its report and recommendation to the petitioner and to any other party who has requested them at the same time it submits its report to the commission. When circumstances warrant, the commission may extend the time within which a report is due.

(7) The department's report shall address every allegation in the petition requesting commission action.

(8) Upon receipt of the department's report the commission shall, within 30 days, issue a decision granting, denying or granting with modifications the petitioned relief. The decision shall be supported by written findings which specifically describe the factual basis for the decision.

(9) The commission may summarily dismiss a petition with a brief statement of the reasons for dismissal if the petition:

(a) is unsupported by specific substantial factual allegations, data or documentation;

(b) requests relief substantially similar to that requested by another petition which has been acted upon within the preceding 365 days; or

(10) Notwithstanding (1) through (9) of this rule, the commission may, upon request of an affected landowner, who has filed a petition with the commission under (1) through (9) of this rule, temporarily close or restrict recreation use on a stream or on any part of a stream if the failure to do so would result in irreparable damage to property, irreparable disruption or alteration of the natural areas or biotic communities, or irreparable degradation of the waterbody. The commission may act under this subsection through the chairman and the commissioner in the affected region after consultation with the director. Any closure or restriction under this subsection may remain in effect only until the commission acts upon the petition filed pursuant to (1) through (9) of this rule.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 23-2-302, MCA
History: NEW, 1985 MAR p. 917, Eff. 7/12/85.

Mont. Admin. R. 12.4.104 Petitions Relating to Restricting Recreational Use of Class I or Class Ii Rivers and Streams

(1) Any person may petition the commission for an order limiting, restricting or prohibiting the type, incidence, or extent of recreational use of a class I or class II water.

(2) A petition under this section must meet the requirements of ARM 12.4.103(2) and must specifically allege one or more of the following facts in support of the request for commission action:

(a) that public use is damaging the banks and land adjacent to the water body;

(b) that public use is damaging the property of the landowner underlying or adjacent to the water body;

(d) that public use is disrupting or altering natural areas or biotic communities;

(e) that public use is causing degradation of the water body; and

(f) that any alleged damage, adverse effect, disruption or alteration is not being caused by private use.

(g) where public recreational use presents a clear threat of degradation to the water body or of disruption or alteration to natural areas or biotic communities, and where present and future owners are legally bound by conservation easements to stringent management practices which protect the natural values of the waterbody and its bed and banks.

(h) where present or anticipated use presents a clear and immediate threat of any of the items described in (a) through (e) of this subsection.

(3) Each allegation of damage in the petition must be accompanied by a specific description of the damage, including the character of the damage (i.e., erosion, crop damage, etc.) and a description of the location on the river or stream where the damage has occurred.

(4) The commission shall process the petition in accordance with ARM 12.4.103(3) through (9) , and may order any restriction on recreational use it finds necessary to alleviate damage described in ARM 12.4.104(2) , including absolute prohibition of recreational use, provided that it confines its action to that which is least disruptive to public recreational use and still provides the necessary protection.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 23-2-302, MCA
History: NEW, 1985 MAR p. 917, Eff. 7/12/85.

Mont. Admin. R. 12.4.105 Petitions Relating to Altering Recreational Use of Class I or Class Ii Rivers and Streams

(1) Any person may petition the commission for an order altering limitations, restrictions, or prohibitions on recreational use of class I or class II rivers and streams ordered by the commission pursuant to ARM 12.4.104 or 12.4.106.

(2) A petition under this section must meet the requirements of ARM 12.4.103(2) and must specifically allege one or more of the following facts in support of the request for commission action:

(a) that because of changed circumstances the previous order of the commission is no longer necessary or appropriate; or

(b) that the damage alleged in the petition requesting the previous order of the commission did not in fact occur or was caused primarily by use other than public use.

(3) Each allegation in the petition must be accompanied by specific data and documentation.

(4) The commission shall process the petition in accordance with ARM 12.4.103(3) through (9) , and may alter any restriction on recreational use no longer necessary or appropriate, provided the alteration is the least disruptive to public recreational use and still provides the necessary protection.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 23-2-302 MCA
History: NEW, 1985 MAR p. 917, Eff. 7/12/85.

Mont. Admin. R. 12.4.106 Special Designations of Class Ii Streams

(1) Any person may petition the commission for an order to identify class II streams which are not capable of recreational use or are capable of limited recreational use, and to restrict the recreational use to the actual capacity of the stream.

(2) A petition under this section must meet the requirements of ARM 12.4.103(2) and must include allegations and supporting data and documentation that the class II stream is incapable of or is capable in a limited fashion of supporting one or more of the following recreational uses: fishing, hunting, swimming, floating in small craft or other flotation devices, boating in motorized craft or craft propelled by oar or paddle.

(3) The commission shall process the petition in accordance with ARM 12.4.103(3) through (9) .

(4) In its determination, the commission shall consider, among others, the following factors for each kind of use:

(a) with respect to fishing, the department's stream evaluation data for that particular stream, any fish population data for the stream, and the suitability of the stream habitat for gamefish;

(b) with respect to hunting, the likelihood that a hunter will be able to confine his hunting, including retrieval of downed game, to the area within the ordinary high-water marks, and the suitability of the habitat for game species;

(c) with respect to swimming, the danger and difficulty associated with swimming the waters and the availability on the stream of waters deep enough to swim;

(d) with respect to floating or use of watercraft, instream flow data describing the minimum flow necessary to support various watercraft and the actual suitability of the water to the use of watercraft as evidenced by historical use or other data; and

(e) with respect to other water related pleasure activities, any other relevant factors.

(5) The commission shall process the petition in accordance with ARM 12.4.103(3) through (9) , and may order any restriction it finds necessary to limit recreational use to the actual capacity of the stream, including absolute prohibition of recreational use, provided it confines its action to that which is least disruptive to public recreational use and still provides the necessary protection.

(6) Nothing in this rule shall obligate the petitioner to conduct formal studies to provide relevant data or to bear the expense of such studies. If the commission requires additional studies to reach an informed decision the department shall bear the cost of the additional studies.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 23-2-302, MCA
History: NEW, 1985 MAR p. 917, Eff. 7/12/85.

Subchapter 12.4.2 Block Management Rules

Mont. Admin. R. 12.4.201 Overview of Block Management Rules

(1) ARM 12.4.201 through 12.4.210 regulate the block management program administered by the department.

History

Authorizing statute(s): 87-1-301, 87-1-303 MCA
Implementing statute(s): 87-1-301, 87-1-303, MCA
History: NEW, 1994 MAR p. 1691, Eff. 6/24/94.

Mont. Admin. R. 12.4.202 Administration of Block Management Program

(1) Under 87-1-301(1) (c) , MCA, and 87-1-303, MCA, the fish, wildlife, and parks commission has authority to develop rules governing the use of lands controlled by the department or that it operates under agreement with federal, state or private landowners. These statutes are the basis for the block management program administered by the department. The hunter management program and the hunter enhancement program as described under 87-1-267, MCA, are similar in intent and differ only in terms of license benefits for non-resident landowners who are eligible for the program. Both programs are administered under these rules as block management areas.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-301, 87-1-303, MCA
History: NEW, 1994 MAR p. 1691, Eff. 6/24/94; AMD, 1996 MAR p. 1139, Eff. 4/26/96.

Mont. Admin. R. 12.4.203 Definitions

The following definitions apply to this subchapter:

(1) "Accessible state lands" means state lands under the jurisdiction of the Montana Department of Natural Resources and Conservation.

(2) "BMA" means a block management area. A BMA is a specified area on which, by cooperative agreement between the landowner, other resource management agencies, and the department, public hunting is permitted with certain restrictions or use rules.

(3) "Commercial filming of hunting activity" means the film, electronic, magnetic, digital, or other recording of a moving image by a person, business, or other entity for a commercial purpose.

(4) "Commercial hunting activity" means any activities in which money, goods, or services are required as a condition for hunting.

(5) "Cooperator" means a private or public landowner or land management agency with which the department enters into an agreement for the purposes of allowing hunting access on a BMA.

(6) "Department" means the Montana Department of Fish, Wildlife and Parks.

(7) "Director" means the director of the Montana Department of Fish, Wildlife and Parks.

(8) "DNRC" means the Montana Department of Natural Resources and Conservation.

(9) "Hunter day" means one hunter who hunts on a cooperator's property during a calendar day.

(10) "Hunting season" means the time during which game birds and game animals may be legally taken in accordance with the Fish and Wildlife Commission regulations.

(11) "Livestock loss insurance" means a program which provides reimbursement to livestock owners whose animals are injured or killed as the direct result of allowing public hunting on their property.

(12) "Outfitting" means the act of providing hunting-related services in exchange for money, goods, or services.

(13) "Regional supervisor" means the supervisor of a regional office.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-265, 87-1-301, 87-1-303, MCA
History: NEW, 1994 MAR p. 1691, Eff. 6/24/94; AMD, 1996 MAR p. 1139, Eff. 4/26/96; AMD, 2024 MAR p. 464, Eff. 3/9/24.

Mont. Admin. R. 12.4.205 Use of Block Management Areas

(1) If a hunter reserves permission on a BMA that restricts hunter numbers or requires reservations, that hunter cannot reserve permission on another BMA, for that same day, unless the hunter receives permission from the cooperator. The cooperator maintains discretion to allow additional hunters on the BMA.

(2) The cooperator and the department reserve the right to deny access to a BMA for cause. Reasons for denying access may include intoxication, violation of BMA rules, or previous misconduct on a BMA. A willful violation of BMA rules may result in a misdemeanor citation under 87-6-415, MCA. BMAs may also be temporarily closed by the cooperator, in conjunction with the department, due to weather, livestock operations, fire danger, or other conditions or circumstances which would place public safety or resources in jeopardy.

(3) BMAs which impose daily hunter number limits will allow free and equal opportunities for access to all hunters requesting use of the BMA.

(4) With department approval, a cooperator may impose reasonable limitations through temporary closure of a BMA to address concerns related to high fire danger, rest-days, weather-related impacts to a travel route, safety, or agricultural production activities, such as livestock handling or harvest and planting of crops, so long as:

(a) the cooperator notifies the department regional headquarters at least 24 hours prior to the closure;

(b) the cooperator or department personnel post signage indicating the closure; and

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-265, 87-1-301, 87-1-303, MCA
History: NEW, 1994 MAR p. 1691, Eff. 6/24/94; AMD, 1996 MAR p. 1139, Eff. 4/26/96; AMD, 2024 MAR p. 464, Eff. 3/9/24.

Mont. Admin. R. 12.4.206 Compensation to Cooperators

(1) Cooperators enrolled in the BMA program may receive the following types of payments:

(a) a basic enrollment payment;

(b) a basic hunter day impact payment computed at an amount per hunter day;

(c) a length of season impact payment for cooperators who place no restrictions on commission-established fall hunting seasons;

(d) a species/sex impact payment for cooperators who place no restrictions on the species and sex of elk, deer, antelope, upland game birds, and waterfowl, as they exist on their property;

(2) Cooperators may also receive compensation for:

(a) livestock loss insurance payable at full market value of any loss up to $5,000;

(b) supplying wildlife damage materials;

(d) participating in a unified aggregate cooperative;

(e) every five years of participation in the BMA program; and

(f) participation in other department cooperative programs.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-265, 87-1-301, 87-1-303, MCA
History: NEW, 1994 MAR p. 1691, Eff. 6/24/94; AMD, 1996 MAR p. 1139, Eff. 4/26/96; AMD, 2024 MAR p. 464, Eff. 3/9/24.

Mont. Admin. R. 12.4.207 Outfitting and Commercial Hunting Activity

(1) Outfitting and commercial hunting activities on BMAs are not consistent with the intent of providing free public access to recreational opportunities on private lands. Outfitting may not take place on a BMA unless public recreation and hunting opportunities are not unreasonably restricted and the cooperator and regional supervisor approve the activity.

(2) This rule does not regulate licensed outfitters legally operating on federal or state lands under license or permit obtained from the U.S. Department of Interior Bureau of Land Management, U.S. Department of Agriculture Forest Service, DNRC, or other resource management agency.

(3) A report documenting outfitting activities on the BMA must be supplied by the cooperator, to the department, within thirty days of the contract ending date. At a minimum, the outfitting activities report must explain:

(a) total number of days outfitted hunting occurred;

(b) total number of outfitted hunters who hunted;

(d) total number of game animals, by species and sex harvested by outfitted hunters.

(4) A cooperator, who is also a licensed outfitter, is not eligible to receive block management compensation for any activities conducted by their own hunting clients.

(5) If a cooperator receives compensation from an outfitter or clients, the cooperator is not entitled to a basic hunter day impact payment for the days associated with that use.

(6) Commercial filming of hunting activity is not consistent with the intent of free public hunting access on private lands and is not allowed without express consent from the cooperator.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-265, 87-1-301, 87-1-303, MCA
History: NEW, 1994 MAR p. 1691, Eff. 6/24/94; AMD, 1996 MAR p. 1139, Eff. 4/26/96; AMD, 2024 MAR p. 464, Eff. 3/9/24.

Mont. Admin. R. 12.4.209 Inclusion of State Lands in Block Management Areas

(1) State lands administered by DNRC may be included in BMAs. Whenever a proposed BMA includes accessible state lands, the procedures set forth in ARM 36.25.164 through 36.25.167 shall be followed.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-301, 87-1-303, MCA
History: NEW, 1994 MAR p. 1691, Eff. 6/24/94; AMD, 1996 MAR p. 1139, Eff. 4/26/96.

Mont. Admin. R. 12.4.210 Complaint Resolution System

(1) If a cooperator or a public hunter has an issue and the issue has not been resolved by regional department staff, the cooperator or hunter may submit a formal complaint to the regional supervisor. Formal complaints must be in writing, signed by the complainant, and should describe the events that transpired, the BMA involved, the name(s) and contact information of those involved, and, if relevant, any vehicle description.

(2) The regional supervisor will review the complaint and initiate the appropriate level of investigation. At the conclusion of the investigation, the regional supervisor will provide written notification to the complainant and the director. The notice will include the results of the investigation and any action(s) taken as a result of the investigation.

(3) A complainant may appeal the action taken by a regional supervisor to the director. The director will review the complaint and investigation and issue a written decision.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-265, 87-1-301, 87-1-303, MCA
History: NEW, 1994 MAR p. 1691, Eff. 6/24/94; AMD, 2024 MAR p. 464, Eff. 3/9/24.

Chapter 12.5 Resource Protection

Subchapter 12.5.1 Resource Statements

Mont. Admin. R. 12.5.102 Natural Resources Development Policy

(1) The Montana Fish, Wildlife and Parks Commission recognizes the nation's need for an expanded and continuing supply of natural resources and recognizes the economic opportunities associated with the development of these resources. The commission also recognizes the importance of such development being orderly and planned. The commission believes that development in Montana must incorporate fish and wildlife values, both economic and intrinsic, through recognition of the importance of habitat, reclamation, sustainable development with protection for wildlife, maintaining high quality of water resources, and involving the many different publics who have a vital stake in Montana's fish and wildlife resource.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-201, 87-1-301, MCA
History: Eff. 12/31/72, AMD, 1996 MAR p. 1836, Eff. 7/4/96.

Subchapter 12.5.2 Endangered Species

Mont. Admin. R. 12.5.201 Endangered Species List

(1) The following endangered species list is established in accordance with Title 87, chapter 5, MCA. Except as otherwise provided, it is unlawful for any person to take, possess, transport, export, sell or offer for sale, and for any common or contract carrier knowingly to transport or receive for shipment any species or subspecies of wildlife appearing on the following list:

(a) whooping crane ( grus americana );

(b) Northern Rocky Mountain wolf ( canis lupus irremotus ); and

(i) Subsection (1)(b) will be applied until the date the gray wolf in Montana is no longer subject to federal jurisdiction under the Endangered Species Act, 16 U.S.C. 1531, et seq., and the department and commission have sole jurisdiction over the management of the gray wolf in Montana.

History

Authorizing statute(s): 87-5-107, MCA
Implementing statute(s): 87-5-107, MCA
History: NEW, Eff. 9/4/75; AMD, 2005 MAR p. 2329, Eff. 11/24/05; AMD, 2008 MAR p. 2165, Eff. 10/10/08.

Subchapter 12.5.5 Angling Restrictions and Fishing Closures

Mont. Admin. R. 12.5.501 Angling Restrictions and Fishing Closure Definitions

(1) "Drought Management Plan" means a unique individual watershed or stream reach plan to address site-specific stream flow and fishery issues in the event of drought that has been reviewed and accepted by the department as a preferred drought management alternative. The plans are usually created by watershed groups composed of local agriculture, conservation, business, and angler interests.

(2) "5th percentile of daily mean values for this day" is the daily stream flow value that, based on a scale of one hundred, indicates the percent of a distribution equal to or below it. For example, a display of daily stream flow conditions at the 5th percentile is equal to or greater than only 5 percent of the discharge values recorded on this day of the year during all years that measurements have been made. Flows that are 5th percentile or lower represent an extreme low flow condition.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-301, MCA
History: NEW, 2008 MAR p. 1310, Eff. 6/27/08.

Mont. Admin. R. 12.5.502 Commission Approval for Angling Restrictions or Fishing Closures

(1) When the department determines, pursuant to ARM 12.5.507, that a fishery has the potential to be detrimentally impacted by environmental conditions, the commission authorizes the department to implement angling restrictions or fishing closures with the approval of the commissioner in whose district the angling restriction or fishing closure is proposed. If the commissioner is not available, the department may request approval from the commission chair or, in absence of the commission chair, any other commissioner.

(2) The department shall report to the commission, during its next regularly scheduled meeting, the implementation or lifting of any angling restriction or fishing closure implemented pursuant to this rule.

(3) Voluntary closures will not be implemented under this rule.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-301, MCA
History: NEW, 2008 MAR p. 1310, Eff. 6/27/08.

Mont. Admin. R. 12.5.503 Types of Angling Restriction and Fishing Closures

(1) The department may implement either an angling restriction or a fishing closure pursuant to ARM 12.5.502.

(2) An angling restriction prohibits fishing during that period of the day when water temperatures are the highest, usually between the hours of 2:00 p.m. and midnight. The hours may be extended to cover more of the day if the criteria in ARM 12.5.507 can be established but do not necessitate a fishing closure.

(3) A fishing closure prohibits all fishing on designated waters at all times.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-301, MCA
History: NEW, 2008 MAR p. 1310, Eff. 6/27/08.

Mont. Admin. R. 12.5.507 Angling Restriction and Fishing Closure Criteria

(1) The department shall use the following criteria to determine whether to implement angling restrictions in streams:

(a) angling pressure as determined by the department has the potential to contribute to excessive fish mortality; and

(b) one or more of the following environmental conditions has been determined by the department to exist:

(i) in nonnative salmonid streams designated by the department in the Statewide Fisheries Management Plan, daily maximum water temperatures equal to or exceeding 73 degrees Fahrenheit at any time during the day for three consecutive days;

(ii) in cutthroat trout streams designated by the department in the Statewide Fisheries Management Plan, daily maximum water temperature equal to or exceeding 66 degrees Fahrenheit at any time during the day for three consecutive days;

(iii) in bull trout streams designated by the department in the Statewide Fisheries Management Plan, a daily maximum water temperature equal to or exceeding 60 degrees Fahrenheit at any time during the day for three consecutive days;

(iv) stream flows fall to or below the 5th percentile of daily mean values for this day flow level based upon hydrologic records for that water body; or

(v) water conditions meet the criteria for angling restrictions as stated in a drought management plan; or

(c) other biological or environmental conditions such as, but not limited to, water body pollution, disease, or concentration of angling pressure due to other restrictions or closures that the department determines have the potential to contribute to excessive fish mortality.

(2) A fishing closure may be implemented when:

(a) conditions of (1) develop or degrade;

(b) dissolved oxygen is equal to or less than 4 ppm when measured in the early morning before sunrise; or

(3) An angling restriction or fishing closure may be delayed or may not be implemented by the department if closure criteria are forecast to be met for a short duration.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-301, MCA
History: NEW, 2008 MAR p. 1310, Eff. 6/27/08; AMD, 2022 MAR p. 1798, Eff. 9/24/22.

Mont. Admin. R. 12.5.508 Reopening Waters

(1) Except on waters with a drought management plan, an angling restriction or fishing closure will remain in effect until reopening criteria described in (2), (3), or (4) have been met.

(2) The department may reopen streams managed for nonnative salmonids when the department determines in its discretion that daily maximum water temperature does not exceed 70 degrees Fahrenheit for three consecutive days.

(3) The department may reopen streams managed for cutthroat trout when the department determines that daily maximum water temperature does not exceed 66 degrees Fahrenheit for three consecutive days.

(4) Streams designated by the department to have bull trout shall remain closed until the following conditions occur:

(a) daily maximum water temperature equals or does not exceed 60 degrees Fahrenheit for three consecutive days; and

(b) when flow regimes provide adequate security habitat.

(5) Reopening waters may be delayed by the department if:

(a) reopening criteria is forecast to be met for a short duration;

(b) conditions on priority waters defined by the department in the Statewide Fisheries Management Plan do not provide adequate security habitat; or

(c) angling pressure due to restrictions and closures on other waterbodies has the potential to contribute to excessive fish mortality.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-301, MCA
History: NEW, 2008 MAR p. 1310, Eff. 6/27/08; AMD, 2022 MAR p. 1798, Eff. 9/24/22.

Mont. Admin. R. 12.5.509 Notification of Angling Restrictions or Fishing Closures

(1) Prior to the effective date of the angling restriction or fishing closure the department shall:

(a) post notice of the angling restriction or fishing closure on the agency web site;

(b) post notice of the angling restriction or fishing closure at fishing access sites within the affected area; and

(c) send press releases regarding the angling restriction or fishing closure to newspapers and media outlets having general distribution in the affected watershed or water body.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-301, MCA
History: NEW, 2008 MAR p. 1310, Eff. 6/27/08.

Subchapter 12.5.7 Aquatic Invasive Species Management Area Restrictions

Mont. Admin. R. 12.5.701 Identified Contaminated Bodies of Water for Eurasian Watermilfoil

(1) The department will identify bodies of water within any Department of Agriculture designated Eurasian watermilfoil management area as contaminated with Eurasian watermilfoil.

(2) The department has identified the following bodies of water as contaminated with Eurasian watermilfoil:

(a) Fort Peck Reservoir;

(b) Fort Peck Dredge Cut Ponds;

(d) Missouri River:

(i) from Fort Peck Dam to the mouth of the Milk River;

(ii) from the confluence of the three forks of the Missouri River to the headwaters of Canyon Ferry Reservoir; and

(e) Toston Reservoir.

History

Authorizing statute(s): 80-7-1007, 80-7-1008, MCA
Implementing statute(s): 80-7-1008, 80-7-1010, MCA
History: NEW, 2012 MAR p. 1347, Eff. 7/13/12; AMD, 2017 MAR p. 438, Eff. 4/15/17.

Mont. Admin. R. 12.5.702 Restrictions Within Identified Contaminated Bodies of Water for Eurasian Watermilfoil

(1) The prohibitions of 80-7-1010, MCA apply to the bodies of water identified as contaminated in ARM 12.5.701 except:

(a) possession of bait animals, dead or alive, is approved when allowed per fishing regulations;

(b) transportation of aquatic bait animals is approved from contaminated bodies of water in water from a noncontaminated source when allowed per fishing regulations; and

(c) transportation of live fish is approved from contaminated bodies of water in water from a noncontaminated source, when allowed per fishing regulations.

(2) Upon departure of a contaminated body of water all vessels and equipment, including bait buckets, must be free of Eurasian watermilfoil.

History

Authorizing statute(s): 80-7-1007, 80-7-1008, MCA
Implementing statute(s): 80-7-1008, 80-7-1010, MCA
History: NEW, 2012 MAR p. 1523, Eff. 7/13/12; AMD, 2017 MAR p. 438, Eff. 4/15/17.

Mont. Admin. R. 12.5.703 Bodies of Water Not Identified as Contaminated Within an Eurasian Watermilfoil Management Area

(1) Any body of water not identified as contaminated within the boundaries of a Department of Agriculture designated Eurasian watermilfoil management area are subject to the regulations outlined in the current published fishing regulations.

History

Authorizing statute(s): 80-7-1007, MCA
Implementing statute(s): 80-7-1010, MCA
History: NEW, 2012 MAR p. 1347, Eff. 7/13/12.

Mont. Admin. R. 12.5.706 Aquatic Invasive Species Quarantine Measures Within Invasive Species Management Area

(1) the department has identified all areas of the State of Montana as an invasive species management area because of the threat of infestation of aquatic invasive species.

(2) The department has determined the following quarantine measures are necessary to prevent the spread of aquatic invasive mussels:

(a) vessels and equipment approaching a department inspection station must stop for inspection as directed;

(b) vessels and equipment entering the state that do not approach a department inspection station must be inspected for aquatic invasive species prior to launching in any Montana water body, unless previously approved by the department for local use only;

(c) vessels and equipment traveling across the Continental Divide into the Columbia River Basin that have been used on waters outside of the Columbia River Basin must be inspected at a department inspection station prior to launching within the Columbia River Basin. The department will post approved inspection stations and operating hours at fwp.mt.gov;

(d) upon removing a vessel from any surface waters and before leaving the associated boat launch or parking area, all aquatic vegetation must be removed from the vessel, trailer, and equipment;

(e) transport of surface water is prohibited unless authorized by the department;

(f) live aquatic bait and fish must be transported in clean non-surface water where allowed in current public fishing regulations;

(g) reasonable measures must be taken to dry or drain all compartments or spaces that hold water, including emptying bilges, applying absorbents, and ventilation; and

(h) areas subject to inspection include but are not limited to:

(i) the exterior of the vessel;

(ii) livewells;

(iii) bait buckets;

(iv) ballast tanks;

(v) bilge areas; and

(vi) trailer transporting vessel.

(3) Any vessel at an inspection station found with invasive species, or any vessel containing residual water that has been in infested water in the last 30 days, will be decontaminated by AIS staff as arranged by the department. Infested waters that contain microscopic AIS species are identified on the map titled "Mussel-Infested States and Waterbodies" available at fwp.mt.gov. AIS staff shall refer to the map or to the most current known information.

(4) Decontamination methods on vessels subject to (3) may include hot water washing, hot water flushing, and drying time, including interior portions of complex engine systems and pumps. A decontamination order may be issued that requires a drying period as directed by the department. The drying time will depend on weather conditions. During the drying period, the department may lock the vessel to the trailer to prevent launching. The department will be responsible for arranging the time and location to unlock the vessel when the drying time is complete. It is prohibited for anyone other than authorized department staff to remove the lock during the drying time. If a vessel requires a drying period as part of the decontamination process, then the vessel must pass a second inspection prior to launching in Montana waters in order to be considered decontaminated.

(5) Upon inspection and/or decontamination, proof of compliance on any requirements will be provided and must be shown upon request.

(6) Emergency response vehicles and equipment engaging in emergency response activities are exempt.

(7) Violation of this rule is subject to penalty under 80-7-1014, MCA.

History

Authorizing statute(s): 80-7-1007, 80-7-1008, 80-7-1011, 80-7-1012, 87-1-201, MCA
Implementing statute(s): 80-7-1007, 80-7-1008, 80-7-1010, 80-7-1011, 80-7-1015, MCA
History: NEW, 2011 MAR p. 1132, Eff. 6/24/11; AMD, 2016 MAR p. 882, Eff. 5/21/16; TRANS and AMD, from ARM 12.11.341, 2017 MAR p. 438, Eff. 4/15/17; AMD, 2022 MAR p. 831, Eff. 5/28/22.

Mont. Admin. R. 12.5.709 Pilot Program for Flathead Basin

(1) Vessels and equipment traveling into the Flathead Basin that have been used on waters outside of the Flathead Basin must be inspected at a department inspection station prior to launching within the Flathead Basin.

(2) Emergency response vehicles and equipment engaging in emergency response activities are exempt.

(3) Violation of this rule is subject to penalty under 80-7-1014, MCA.

History

Authorizing statute(s): 80-7-1007, 80-7-1010, MCA
Implementing statute(s): 80-7-1008, 80-7-1010, 80-7-1011, MCA
History: NEW, 2018 MAR p. 586, Eff. 3/17/18; AMD, 2019 MAR p. 963, Eff. 7/6/19; AMD, 2020 MAR p. 314, Eff. 2/15/20.

Chapter 12.6 Enforcement Division

Subchapter 12.6.1 Ice Fishing Shelters

Mont. Admin. R. 12.6.101 Designated Locations

(1) Any person who shall use, place, or cause to be placed an ice fishing shelter on the surface of the following bodies of water shall be subject to the provisions of the rules in this subchapter:

(a) Brown's Lake;

(b) Georgetown Lake;

(d) Lake Frances;

(e) Bearpaw Lake;

(f) Beaver Creek Reservoir;

(g) Hauser Lake;

(h) Lake Helena; and

(i) Clark Canyon Reservoir.

History

Authorizing statute(s): 87-1-201, 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 1978 MAR p. 386, Eff. 3/25/78; AMD, 1979 MAR p. 1194, Eff. 10/12/79; AMD, 1997 MAR p. 638, Eff. 4/8/97.

Mont. Admin. R. 12.6.102 Definition of Shelter

(1) An ice fishing shelter shall be any form of hut or shelter constructed of canvas, cardboard, paper, plastic, poles or boards, sheet metal, pressed wood, or any other material, except those shelters or windbreaks constructed entirely of snow or ice.

History

Authorizing statute(s): 87-1-201, 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 1978 MAR p. 386, Eff. 3/25/78; AMD, 1979 MAR p. 1194, Eff. 10/12/79.

Mont. Admin. R. 12.6.103 Identification of Shelter

(1) Each shelter owner must mark his shelter with his name as well as his address and/or phone number, painted or otherwise permanently affixed to the shelter in legible letters, not less than 2 inches in height, of contrasting color to the background, and plainly visible from outside of the shelter at a distance of 100 feet.

History

Authorizing statute(s): 87-1-201, 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 1978 MAR p. 386, Eff. 3/25/78; AMD, 1979 MAR p. 1194, Eff. 10/12/79.

Mont. Admin. R. 12.6.104 Shelter Access

(1) Each shelter of closed type construction shall have a door readily opened from the outside for inspection by an officer while the shelter is occupied. The door shall not be latched from the inside.

History

Authorizing statute(s): 87-1-201, 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 1978 MAR p. 386, Eff. 3/25/78; AMD, 1979 MAR p. 1194, Eff. 10/12/79.

Mont. Admin. R. 12.6.105 Unlawful Use of Shelter

(1) It shall be prohibited for any person to use, fish from, or occupy an ice fishing shelter if such shelter does not conform to ARM 12.6.103 and 12.6.104.

History

Authorizing statute(s): Secs. 87-1-201, 87-1-303 MCA
Implementing statute(s): Sec. 87-1-303 MCA
History: NEW, 1978 MAR p. 386, Eff. 3/25/78; AMD, 1979 MAR p. 1194, Eff. 10/12/79.

Mont. Admin. R. 12.6.106 Removal of Shelter

(1) Users of fishing shelters on the following waters shall remove such shelters in their entirety from the ice each day after fishing:

(a) Brown's Lake

(b) Georgetown Lake

(d) Echo Lake

(e) Fitzpatrick Lake

(f) Helena Valley Regulating Reservoir.

(2) The owner of a fishing shelter shall remove the shelter from the area and from public property and properly dispose of it within seven days after the close of ice fishing season or within five days of receiving notification to remove. If there is no closure or removal notice or spring thaw precedes the closure date, a fishing shelter must be removed from the ice before being made irretrievable via over ice means and must be disposed of within seven days.

History

Authorizing statute(s): 87-1-201, 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 1978 MAR p. 386, Eff. 3/25/78; AMD, 1979 MAR p. 1194, Eff. 10/12/79; AMD, 1983 MAR p. 730, Eff. 7/1/83; AMD, 2016 MAR p. 203, Eff. 2/6/16.

Mont. Admin. R. 12.6.107 Transporting Shelters

(1) Transportation of shelters to and from the shoreline shall be only over authorized roads.

History

Authorizing statute(s): Secs. 87-1-201, 87-1-303 MCA
Implementing statute(s): Sec. 87-1-303 MCA
History: NEW, 1978 MAR p. 386, Eff. 3/25/78; AMD, 1979 MAR p. 1194, Eff. 10/12/79.

Mont. Admin. R. 12.6.108 Responsibility for Clean-Up

(1) It shall be the responsibility of the owners and users of each fishing shelter to keep the immediate area around their shelter free from rubbish or debris. All litter and rubbish shall be gathered by each ice fisherman and either deposited in designated containers or taken with the ice fisherman daily when he leaves the area.

History

Authorizing statute(s): Secs. 87-1-201, 87-1-303 MCA
Implementing statute(s): Sec. 87-1-303 MCA
History: NEW, 1978 MAR p. 386, Eff. 3/25/78; AMD, 1979 MAR p. 1194, Eff. 10/12/79.

Subchapter 12.6.3 Tagging

Mont. Admin. R. 12.6.302 Requirement to Retain an Electronic Tag Confirmation Number While Transporting a Harvested Animal

(1) When transporting any species for which an electronic tag is issued, the individual transporting the harvested animal's carcass must retain the confirmation number.

(2) The confirmation number must be presented to a department employee upon request.

History

Authorizing statute(s): 87-2-119, MCA
Implementing statute(s): 87-2-119, MCA
History: NEW, 2024 MAR p. 2140, Eff. 9/7/24.

Subchapter 12.6.5 Outfitters and Guides Regulations

Mont. Admin. R. 12.6.501 Outfitter Licenses

(TRANSFERRED)

History

Authorizing statute(s): Sec. 87-4-106 MCA
Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA
History: Eff. 12/31/72; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

Mont. Admin. R. 12.6.502 Outfitter Standards

(TRANSFERRED)

History

Authorizing statute(s): Sec. 87-4-106 MCA
Implementing statute(s): Sec. 87-4-127, 87-4-122 and 87-4-125 MCA
History: Eff. 12/31/72; AMD, 1982 MAR p. 2019, Eff. 11/11/82; AMD, 1985 MAR p. 778, Eff. 6/28/85; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

Mont. Admin. R. 12.6.503 Outfitter Equipment and Supplies

(TRANSFERRED)

History

Authorizing statute(s): Sec. 87-4-106 MCA
Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA
History: Eff. 12/31/72; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

Mont. Admin. R. 12.6.504 Sanitation and Livestock

(TRANSFERRED)

History

Authorizing statute(s): Sec. 87-4-106 MCA
Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA
History: Eff. 12/31/72; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

Mont. Admin. R. 12.6.505 Rate Schedules

(TRANSFERRED)

History

Authorizing statute(s): Sec. 87-4-106 MCA
Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA
History: Eff. 12/31/72; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

Mont. Admin. R. 12.6.506 Camp Restrictions

(TRANSFERRED)

History

Authorizing statute(s): Sec. 87-4-106 MCA
Implementing statute(s): Sec. 84-4-103, 87-4-163 MCA
History: Eff. 12/31/72; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

Mont. Admin. R. 12.6.507 Protection of Private Property

(TRANSFERRED)

History

Authorizing statute(s): Sec. 87-4-106 MCA
Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA
History: Eff. 12/31/72; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

Mont. Admin. R. 12.6.508 Records

(TRANSFERRED)

History

Authorizing statute(s): Sec. 87-4-106 MCA
Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA
History: Eff. 12/31/72; AMD, Eff. 4/5/76; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

Mont. Admin. R. 12.6.509 Experience Standards

(TRANSFERRED)

History

Authorizing statute(s): Sec. 87-4-106 MCA
Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA
History: Eff. 12/31/72; AMD, Eff. 4/5/76; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

Mont. Admin. R. 12.6.511 Hunting and Fishing Licenses

(TRANSFERRED)

History

Authorizing statute(s): Sec. 87-4-106 MCA
Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA
History: Eff. 12/31/72; AMD, Eff. 4/5/76; AMD, Eff. 6/5/76; AMD, Eff. 10/5/76; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

Mont. Admin. R. 12.6.512 Licensing of Guides and Endorsement of Guide License

(TRANSFERRED)

History

Authorizing statute(s): Sec. 87-4-106 MCA
Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA
History: Eff. 12/31/72; AMD, 1982 MAR p. 2019, Eff. 11/11/82; AMD, 1985 MAR p. 778, Eff. 6/28/85; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

Mont. Admin. R. 12.6.513 License Revocation

(TRANSFERRED)

History

Authorizing statute(s): Sec. 87-4-106 MCA
Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA
History: AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

Mont. Admin. R. 12.6.514 License Renewal

(TRANSFERRED)

History

Authorizing statute(s): Sec. 87-4-106 MCA
Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA
History: NEW, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

Mont. Admin. R. 12.6.515 Outfitter Examination

(TRANSFERRED)

History

Authorizing statute(s): Sec. 87-4-106 MCA
Implementing statute(s): Sec. 87-4-106 MCA
History: NEW, 1983 MAR p. 654, Eff. 6/17/83; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

Mont. Admin. R. 12.6.516 Outfitter and Professional Guides License Fees

(TRANSFERRED)

History

Authorizing statute(s): Sec. 87-4-127 MCA
Implementing statute(s): Sec. 87-4-127 MCA
History: NEW, 1984 MAR p. 246, Eff. 1/27/84; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

Mont. Admin. R. 12.6.517 Definition of Hunting Success for Advertising

(TRANSFERRED)

History

Authorizing statute(s): Sec. 87-4-106, MCA
Implementing statute(s): Sec. 87-4-122 and 87-4-141, MCA
History: NEW, 1985 MAR p. 778, Eff 6/28/85; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

Subchapter 12.6.6 Snowmobile Regulations

Mont. Admin. R. 12.6.601 Snowmobile Closures

(1) The lands owned or controlled by the commission lying within the following described boundaries shall be closed to trespass by snowmobiles, effective December 22, 1969.

(a) Porcupine Creek area: Starting at the confluence of Elkhorn Creek and the West Gallatin River, thence southeasterly up the ridge between Elkhorn Creek and the West Gallatin River to the Elkhorn-Buffalohorn Creeks divide, thence northeasterly along said divide to the Gallatin-Yellowstone Rivers divide, thence northerly along said divide to Eaglehead Mountain and the Portal-Porcupine Creeks divide, thence northwesterly along said divide to the Levinski-Porcupine Creeks divide, thence northwesterly along said divide to the West Gallatin River, thence southerly along said river to the confluence of Elkhorn Creek, the point of beginning.

(b) Exceptions to the above closure will be:

(i) Use of snowmobiles to cross this area will be permitted along a route designated and marked by the U.S. Forest Service with appropriate signs.

(A) The Porcupine route will follow Forest Service Trail #66, beginning at the Portal-Porcupine Creeks divide and proceeding southerly into the Porcupine Creek drainage. At approximately 3/4 mile north of the Porcupine bottom the route will bear to the east about one mile, crossing Porcupine Creek and then bearing southwest to its junction with Forest Service Trail #199, approximately one mile south of the Porcupine Creek bottom. The route will then proceed southerly along Forest Service Trail #199 to the south boundary of the closure, which is the divide between Elkhorn and Buffalohorn Creeks.

(ii) Forest Service Trail #34, beginning at the Porcupine guard cabin and proceeding southeasterly up Porcupine Creek to its junction with Forest Service Trail #199, and Trail #199 from this junction southeasterly approximately one mile to its junction with the Big Sky Snowmobile Trail, will be open to snowmobile use each year on a flexible schedule depending on the distribution and concentration of elk along the Porcupine Creek bottom. The opening date will be set and advertised each year by the Forest Service officer in charge of the area in coordination with the department.

(iii) The use of snowmobiles will be permitted on the area during any regular or special hunting season if so designated and directed by the commission.

(2) The lands owned or controlled by the commission lying within the following described boundaries shall be closed to trespass by snowmobiles, effective December 22, 1969.

(a) Tepee-Meadow Creek area: Beginning at the Yellowstone National Park boundary at the mouth of Monument Creek, thence southwesterly up said creek to Forest Service Trail #52, thence southwesterly along said trail to Trail #115, thence northwesterly along said trail to the center of section 24, township 9 south, range 4 east, thence due west approximately two mile to interception with Trail #113, thence northwesterly along said trail to Trail #11 in the Sage Creek bottom, thence due west approximately 3/4 mile to interception of Trail #1, thence southwest along said trail to its junction with the wire fence forming the north boundary of the Wapiti cattle allotment, thence northwesterly along said fence to the Wapiti road, thence northerly along said road to the Taylor Fork road, thence westerly along said road to the Cache Creek road, thence northwesterly along said road and trail to the Cache-Indian Creeks divide, thence northerly along said divide to the Buck-Dead Horse Creeks divide, thence easterly along said divide to the Buck-Meadow Creeks divide, thence along said divide to the Meadow-Cinnamon Creeks divide, thence southeasterly to the Taylor Fork-Gallatin River divide, thence northeasterly along said divide to the Gallatin River north of the Covered Wagon ranch, thence northerly along said river to the south ridge of Wilson Draw, thence southeasterly along said ridge to Grouse Mountain and the Wilson Draw-Tepee Creeks divide, thence northeasterly along said divide to the Tepee-Buffalohorn Creeks divide, thence easterly along said divide to the Daly-Buffalohorn Creeks divide and the Yellowstone National Park boundary, thence southerly and southeasterly along said boundary to the mouth of Monument Creek, the point of beginning.

(b) Exceptions to the above closure will be:

(i) Use of snowmobiles to cross this area will be permitted along a route designated and marked by the Forest Service with appropriate signs.

(A) This route will begin at the Tepee-Buffalohorn pass in section 31, township 8 south, range 5 east, thence southerly along Forest Service Trail #12 to U.S. Highway 191, thence northwesterly alongside said highway to the Taylor Fork road, thence westerly along said road to the Wapiti road, thence southerly along said road to the Carrot Basin (Little Wapiti) oil road, thence southeasterly along said road to its junction with the wire fence forming the north boundary of the Wapiti cattle allotment, this being the south boundary of the closed area.

(ii) The use of snowmobiles will be permitted on the area during any regular or special hunting season if so designated and directed by the commission.

History

Authorizing statute(s): Sec. 87-1-303 MCA
Implementing statute(s): Sec. 87-1-303 MCA
History: Eff. 12/31/72.

Mont. Admin. R. 12.6.602 Sound Pressure Level Regulation and Certification

(1) Snowmobile sound pressure levels shall be in accordance with 23-2-634 , MCA.

(2) Sound pressure levels in decibels shall be measured on "A" scale of a sound level meter having characteristics defined by current American National Standards Association Sl, 4-1966 "general purpose sound meter." Measurements shall be made in accordance with applicable practices outlined in "Exterior Sound Levels for Snowmobiles -SAE J192" or the procedure set forth in exhibit "A" attached hereto and hereby made a part hereof.

(3) Manufacturer's certification required by 23-2-634 , MCA, shall be evidenced by a label permanently affixed to the exterior portion of the snowmobile chassis. The label shall be in the following form: "This vehicle was manufactured by (name of company), (address of company), and conforms to all applicable federal and state requirements in effect on the date of its manufacture VIN # , date manufactured .

(4) Exhibit "A" is entitled "Procedures for the Field Measurement of Snowmobile Noise Pursuant to 23-2-634 , MCA".

(a) A site suitable for making noise measurements for purposes of enforcing these regulations shall consist of a flat open space free of large reflecting surfaces such as signboards, buildings, or hillsides located within 50 feet of either the vehicle or the microphone.

(b) The surface of the ground within the measurement area shall be covered with snow.

(c) The ambient sound level (including wind effects) due to sources other than the vehicle being measured shall be at least ten dbA lower than the level of the tested vehicle.

(d) The sound level meter shall be set for "fast" response and for the "A" scale network. If the meter is equipped with "hold" it may be used. ("Impulse" may not be used.)

(e) The meter shall be observed while the vehicle is accelerating. The applicable reading shall be the highest sound level obtained for the run, ignoring unrelated peaks due to extraneous ambient noises.

(f) The meter shall be calibrated daily, using either internal or external calibration techniques as specified by instrument instructions.

(g) Instrument manufacturer's specifications for orientation of the microphone relative to the source of sound and the location of the observer relative to the meter should be adhered to.

(h) It is recommended that measurements be made only when wind velocity is below 12 mph.

(i) An additional five dbA allowance over the sound level limit is recommended to provide for variations in measurement site, vehicle operation temperature, humidity, and wind velocity.

(j) Technically trained personnel should be consulted in the selection of equipment and all measurements shall be conducted only by qualified persons trained in the current techniques of sound measurement.

History

Authorizing statute(s): Sec. 23-2-641 MCA
Implementing statute(s): Sec. 23-2-634 MCA
History: Eff. 12/31/72; AMD, 10/5/73; AMD, Eff. 8/5/74.

Subchapter 12.6.10 Hunting and Trapping

Mont. Admin. R. 12.6.1001 Snare Traps

(1) Snare traps may be used to lawfully take predators, furbearers, unprotected nongame animals, and unprotected nongame birds. Livestock owners, employees of the department and of the federal Fish and Wildlife Service may use snare traps to lawfully take depredating bears and depredating mountain lions.

History

Authorizing statute(s): Sec. 87-3-107 MCA
Implementing statute(s): Sec. 87-3-107 MCA
History: NEW, Eff. 9/4/74; AMD, Eff. 4/5/76.

Mont. Admin. R. 12.6.1005 Kill Site Verification

(1) At the request of a department game warden, it is required to return to the kill site of any game animal, game bird, wolf, or furbearer that has been hunted or trapped.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-502, 87-1-506, MCA
History: NEW, 2019 MAR p. 2020, Eff. 11/9/19.

Mont. Admin. R. 12.6.1010 Two-Way Electronic Communication While Hunting

(1) Two-way electronic communication includes, but is not limited to, the

(a) radios (walkie-talkies/CB);

(b) cell phones;

(d) the use of social media or other electronic platforms, applications, or programs.

(2) The use of two-way electronic communication is prohibited:

(a) while in the act of hunting game animals or wolves to aid in the taking or locating of live animals;

(b) while in the act of hunting mountain lions or bobcats with dogs, beginning when the dogs are placed or physically released on tracks or a scent trail;

(d) to facilitate unlawful hunting activity.

(3) The use of two-way electronic communication for the use of safety or other legitimate purposes is exempt.

following:

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-502, 87-1-506, MCA
History: NEW, 2019 MAR p. 2018, Eff. 11/9/19.

Mont. Admin. R. 12.6.1015 Identified States and Provinces with Documented Occurrences of Chronic Wasting Disease

(1) The commission has determined that the U.S. Geological Survey, National Wildlife Health Center maintains the most accurate and updated list of states and provinces with documented occurrences of chronic wasting disease in wild populations or on private game farms. The commission adopts and incorporates by reference “Distribution of CWD in the United States” and “Distribution of CWD in Canada” to identify the states and provinces with documented occurrences of chronic wasting disease. The lists are available and maintained at https://www.usgs.gov/centers/nwhc/science/expanding-distribution-chronic-wasting-disease.

History

Authorizing statute(s): 87-1-301, 87-6-221, MCA
Implementing statute(s): 87-6-221, MCA
History: NEW, 2021 MAR p. 921, Eff. 7/24/21; AMD, 2026 MAR, Notice No. 2025-283, Eff. 3/7/26.

Mont. Admin. R. 12.6.1016 Process for Identifying Facilities in States and Provinces That Produce Urine Allowed for the Purpose of Masking Human Odor

(1) The commission recognizes that the criteria in 87-6-221(2), MCA are met by the standards of the Archery Trade Association (ATA) and the Responsible Hunting Scent Association (RHSA). Urine from any approved ATA/RHSA facility is allowed, so long as the ATA/RHSA requirements continue to meet the standard in 87-6-221(2), MCA. Products which meet the ATA/RHSA requirements are designated with an ATA/RHSA marking indicating ATA/RHSA approval on the product packaging for identification by the consumer.

History

Authorizing statute(s): 87-1-301, 87-6-221, MCA
Implementing statute(s): 87-6-221, MCA
History: NEW, 2021 MAR p. 921, Eff. 7/24/21.

Mont. Admin. R. 12.6.1017 Scents Approved by the Commission for Attracting Game Birds and Game Animals

(1) Pursuant to 87-6-101, MCA, urine-based and natural glandular scents are approved by the commission for the purposes of attracting game animals and game birds if the scents:

(a) originate from a state or province not listed in ARM 12.6.1015; or

(b) originate from a facility which is approved by the commission under ARM 12.6.1016 and display the required marks on the product packaging.

(2) Artificial scents and Responsible Hunting Scent Association-approved natural glandular scents may be used by hunters to attract game animals, except black bears, by spraying or pouring the scent on the ground or other objects.

History

Authorizing statute(s): 87-1-301, 87-6-101, MCA
Implementing statute(s): 87-6-101, MCA
History: NEW, 2021 MAR p. 921, Eff. 7/24/21.

Subchapter 12.6.11 Falconer License Regulations

Mont. Admin. R. 12.6.1101 Definitions

For purposes of this subchapter, the following definitions apply:

(1) "Bred in captivity" or "captive-bred" means raptors, including eggs, hatched in captivity from parents that mated or otherwise transferred gametes in captivity.

(2) "Commission" means the Fish, Wildlife and Parks Commission provided for in 2-15-3402, MCA.

(3) "Department" means the Department of Fish, Wildlife and Parks provided for in 2-15-3401, MCA.

(4) "Director" means the director of Fish, Wildlife and Parks provided for in 2-15-3401, MCA.

(5) "Falconry" means caring for, training, and transporting raptors for the pursuit of wild game and the hunting of wild game with raptors. Falconry includes the taking of raptors from the wild.

(6) "Hacking" means the temporary release of a raptor held for falconry to the wild so that it must survive on its own.

(7) "Hybrid" means the offspring of birds listed as two or more distinct species in 50 C.F.R. 10.13 of subchapter B or offspring of birds recognized by ornithological authorities as two or more distinct species listed in 50 C.F.R. 10.13 subchapter B.

(8) "Imprint" means a bird that is hand raised in isolation from the sight of other raptors from two weeks of age until it is fully feathered.

(9) "Livestock depredation area" means a specific geographic location in which depredation by golden eagles has been recognized. The boundaries and duration of a livestock depredation area are declared by USDA Wildlife Services or by a state governor.

(10) "Raptor" means all birds of the order Falconiformes and Strigiformes, commonly called falcons, hawks, eagles, ospreys, and owls. The following raptors shall not be used for falconry:

(a) those raptors listed in 87-5-205, MCA; and

(b) those raptors listed in 50 C.F.R. part 17 as endangered or threatened.

(11) "Service" means the Fish and Wildlife Service, U.S. Department of Interior.

(12) "Sponsor" means a master or general falconer with a valid permit who is at least 18 years old and has at least two years experience at the general falconer level.

(13) "Warden" means a Montana fish, wildlife and parks game warden.

History

Authorizing statute(s): 87-1-201, 87-5-204, MCA
Implementing statute(s): 87-5-204, 87-5-205, MCA
History: Eff. 12/31/72; AMD, 1977 MAR p. 535, Eff. 9/24/77; AMD, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1103 Falconry Permit Classes

The department issues three classes of permits.

(1) An apprentice permittee:

(a) must be at least 12 years old;

(b) if under 18 years of age, a parent or legal guardian, who is legally responsible for falconry activities, must sign the application;

(c) must have a sponsor who holds a general or master falconry permit for the first two years in which an apprentice permit is held, regardless of age of permittee. A sponsor may not have more than three apprentices at any one time;

(d) may possess only one raptor as described in 50 C.F.R. 21.29 (c)(3)(i)(E) and may not take more than two raptors from the wild during any calendar year;

(e) does not need to capture a wild raptor; a wild raptor can be transferred to the permittee by another falconry permittee. If the apprentice permittee takes a raptor from the wild, it must be less than one year of age;

(f) may not possess a raptor taken from the wild as a nestling;

(g) may not possess a bird that is imprinted on humans; and

(h) must have the raptor facilities pass inspection before a permit may be granted.

(2) A general class permittee:

(a) must be at least 16 years old;

(b) if under 18 years of age, a parent or legal guardian, who is legally responsible for falconry activities, must sign the application;

(c) must submit documentation from a sponsor to the department stating that the permittee has practiced falconry at the apprentice falconer level or equivalent for at least two years, including maintaining, training, flying, and hunting raptors for at least four months in each year. That practice may include capture and release of falconry raptors.

(d) must possess and train or hunt with a raptor for portions of at least two seasons in the practice of falconry at the apprentice level and must be recommended by the sponsor;

(e) may possess up to three raptors and shall not take more than two raptors from the wild during any calendar year;

(f) may take and possess any species of Falconiform or Strigiform except a golden eagle, a bald eagle, a white-tailed eagle, or a Steller's sea-eagle; and

(g) may use captive-bred raptors and hybrids of the species permitted to possess.

(3) A master class permittee:

(a) must have at least five years of experience in the practice of falconry at the general class level;

(b) may possess any number of captive-bred birds or hybrids of species considered native to North America provided they are used for the sport of falconry;

(c) shall not possess more than five wild raptors and may not take more than two raptors from the wild during any calendar year;

(d) may not take from the wild any species listed as endangered in 50 C.F.R. 17.11, but may transport, or possess such species in accordance with said regulations;

(e) may take and possess any species of Falconiform or Strigiform except a

bald eagle;

(f) may take and possess a golden eagle, a white-tailed eagle, or a Steller's sea eagle only if meeting the qualifications set forth under (3)(h)(i);

(g) shall not take from the wild in any calendar year, as a part of the five-bird limitation, more than one raptor listed as threatened in 50 C.F.R. 17.11, and then only in accordance with those regulations; and

(h) may possess up to three eagles of the following species: golden eagle, white-tailed eagle, or Steller's sea eagle. The department must document the following before approving a request to possess an eagle to use in falconry:

(i) experience in handling large raptors, including information about species handled and the type and duration of the activity where the experience was gained; and

(ii) at least two letters of reference from people with experience handling and/or flying large raptors such as eagles, ferruginous hawks (Buteo regalis), goshawks (Accipiter gentilis), or great horned owls (Bubo virginianus). Each must contain a concise history of the author's experience with large raptors, which can include, but is not limited to, handling of raptors held by zoos, rehabilitating large raptors, or scientific studies involving large raptors. Each letter must also assess the applicant's ability to care for eagles and fly them in falconry.

History

Authorizing statute(s): 87-1-201, 87-5-204, MCA
Implementing statute(s): 87-5-204, 87-5-205, 87-5-206, MCA
History: Eff. 12/31/72; AMD, Eff. 5/1/77; AMD, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1106 Handling Equipment

(1) A permittee must have jesses or the materials and equipment to make them, leash and swivel, bath container, and appropriate scales or balances, capable of weighing to the gram or half ounce, in the permittee's possession.

History

Authorizing statute(s): 87-1-201, 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: Eff. 12/31/72; AMD, Eff. 5/1/77; AMD, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1109 Examination

(1) Before an applicant is issued an apprentice permit he or she must correctly answer at least 80 percent of the questions on an examination administered by the department.

(2) The examination must cover care and handling of falconry raptors, federal and state laws and regulations relevant to falconry, and other appropriate subject matter.

(3) Any applicant failing to score 80 percent will only be allowed to retake the written examination at 30-day intervals. Applicants may not take the examination more than three times in one calendar year.

History

Authorizing statute(s): 87-1-201, 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: Eff. 12/31/72; AMD, Eff. 5/1/77; AMD, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1112 Taking, Possessing, and Transporting Raptors for Falconry

(1) A permittee may not intentionally capture a raptor species that their classification as a falconer does not allow them to possess. If a permittee captures such a bird, it must be released immediately.

(2) A resident falconer may take no more than two raptors from the wild each calendar year to use in falconry. Nonresident falconers must possess a valid state permit for take of raptors from the wild.

(a) Take of peregrine falcons from the wild is limited to time periods specified by annual rules. Take is limited to permittees who have received a peregrine take permit from the department and the conditions associated with that permit.

(b) Transfer of a bird taken from the wild to another permittee in the same calendar year of capture will count as one of the raptors allowed to be taken from the wild that year for the permittee who captured the bird. It will not count as a capture by the recipient, though it will always be considered a wild bird.

(d) Raptors may not be taken at any time or in any manner that violates any law of the state, tribe, or agency on whose land a permittee is trapping.

(e) A raptor taken from the wild must be reported by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department. Reporting must be done at the first opportunity to do so, but no later than ten days after the capture of the bird.

(f) If a permittee who intends to possess a bird is present at the capture site, he or she is considered the person who removes the bird from the wild and is responsible for filing a 3-186A form or by submitting the information electronically as authorized by the department reporting take of the bird from the wild even if another person captures the bird for the permittee.

(g) If a permittee is not at the immediate location where the bird is taken from the wild, the person who removes the bird from the wild must be a general or master falconer, and must report take of the bird. If that person then transfers the bird to the permittee, both must file 3-186A forms or submit the information electronically as authorized by the department reporting the transaction at the first opportunity to do so, but no later than ten days after the transfer. The bird will count as one of the two raptors the person who took it from the wild is allowed to capture in any year. The bird will not count as a bird the permittee took from the wild. The person who takes the bird from the wild must report the take even if he or she promptly transfers the bird to the permittee.

(h) If a permittee has a long-term or permanent physical impairment that prevents the permittee from attending the capture of a species for falconry, a general or master falconer may capture a bird for the permittee. The permittee is then responsible for filing a 3-186A form or by submitting the information electronically as authorized by the department reporting the take of the bird from the wild and the bird will count against the take of wild raptors that the permittee is allowed in any year.

(3) Other restrictions on taking raptors from the wild for falconry:

(a) A general or master falconer may take raptors less than one year of age from the wild. However, an American kestrel or great horned owl of any age may be taken from the wild.

(b) A master falconer authorized to possess golden eagles for use in falconry, may capture an immature or subadult golden eagle in a livestock or wildlife depredation area during the time the depredation area is in effect and only in compliance with regulations contained in 50 C.F.R. 21.29(e)(3)(iii).

(c) Recapture of a lost falconry bird can be done at anytime. Recapture of a wild bird is not considered to be taking a bird from the wild.

(d) Recapture of a raptor wearing falconry equipment or a captive-bred bird may be done at any time even if possession of that species is not allowed. The recaptured bird will not count against possession limit or the take from the wild limit. Recapture of the bird must be reported to the department no more than five working days after the recapture. The bird must be returned to the person who lost it, if that person may legally possess it. Disposition of a bird whose legal possession cannot be determined will be at the discretion of the department.

(e) A bird banded with a Federal Bird Banding Laboratory aluminum band may be taken from the wild except a banded peregrine falcon.

(f) At least one young must be left in the nest or aerie when taking a nestling.

(g) An apprentice falconer may not take a nestling from the wild.

(h) A general or master falconer with a valid federal endangered species permit and an endangered species permit from the department may take no more than one bird of a threatened species from the wild each year if the regulations in 50 C.F.R.21.17 allow it.

(4) If a raptor is injured due to falconer trapping efforts, there are two options for dealing with the injured bird:

(a) The bird may be reported as take by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department at the first opportunity to do so, but no more than ten days after capture of the bird. The bird must be treated by a veterinarian or a permitted wildlife rehabilitator and the bird will count against the permittee's possession limit.

(b) The bird may be given directly to a veterinarian, a permitted wildlife rehabilitator, or an appropriate wildlife agency employee. It will not count against the permittee's allowed take or the number of raptors possessed.

(5) If a permittee acquires a raptor; transfers, rebands, or microchips a raptor; if a raptor is stolen; if a raptor is lost to the wild and not recovered within 30 days; or if a bird for falconry dies, the permittee must report the change within ten days by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department.

(6) If a raptor is stolen, the theft must be reported to the department and to the fish and wildlife service regional law enforcement within ten days of the theft of the bird.

(7) A raptor of any age may be acquired directly from a rehabilitator at the discretion of the rehabilitator. A bird acquired from a rehabilitator:

(a) Must be reported within ten days of the transaction by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department; and

(b) Will count as one of the raptors the permittee is allowed to take from the wild that calendar year.

History

Authorizing statute(s): 87-1-201, 87-5-204, MCA
Implementing statute(s): 87-5-204, 87-5-206, 87-5-208, MCA
History: Eff. 12/31/72; AMD, Eff. 5/1/77; AMD, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09; AMD, 2012 MAR p. 501, Eff. 3/9/12.

Mont. Admin. R. 12.6.1116 Feathers

(1) A permittee may possess flight feathers for each species of raptor currently or previously in possession for the purpose of replacing a damaged feather with a molted feather (imping). Feathers for imping may be received from other permitted falconers, wildlife rehabilitators, or propagators in the United States. Feathers may not be bought, sold, or bartered.

(2) Feathers from a falconry bird, other than those from a golden eagle, may be donated to any person or institution with a valid permit to have them or to any person exempt from the permit requirement under 50 C.F.R. 21.12.

(3) Except for primary or secondary flight feathers or retrices from a golden eagle, feathers that are molted or otherwise lost by a falconry bird are not required to be gathered. Feathers can be left where they fall, stored for imping, or destroyed. Molted flight feathers and retrices from a golden eagle must be collected for imping or sent to the National Eagle Repository at the following address: U.S. Fish and Wildlife Service, National Eagle Repository, Rocky Mountain Arsenal Building 128, Commerce City, Colorado 80022. The telephone number at the repository is 303-287-2110.

(4) If a permit expires or is revoked, all feathers of any species of falconry raptor, except a golden eagle, may be donated to any person or any institute exempt from the permit requirement under 50 C.F.R. 21.12 or authorized by permit to acquire and possess the feathers. Any feathers not donated must be burned or destroyed. Feathers from a golden eagle must be sent to the National Eagle Repository.

History

Authorizing statute(s): 87-1-201, 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: Eff. 12/31/72; AMD, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1118 Enforcement

(1) Falconry birds, facilities, equipment, and records may be inspected only in the presence of the permittee during normal business hours on any day of the week by department officials.

History

Authorizing statute(s): 87-1-201, 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: Eff. 12/31/72; AMD, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1119 Permit Requirements

(1) A Montana falconry permit, or for nonresidents, a valid falconry permit from another state meeting federal falconry standards, is required before any person may possess, transport, sell, purchase, barter, or offer to sell, purchase or barter raptors for falconry purposes or practice falconry in the state of Montana.

History

Authorizing statute(s): Sec. 87-5-204, MCA
Implementing statute(s): Sec. 87-5-204 MCA
History: NEW, 1992 MAR p. 2381, Eff. 10/30/92.

Mont. Admin. R. 12.6.1120 Falconry Permits

(1) The director may issue falconry permits in response to applications received on forms provided by the department, provided an applicant meets the requirements and otherwise complies with the provisions of this rule.

(a) Permits are valid for a period of three years or portion thereof, and shall expire on the date designated on the face of the permit unless amended or revoked. Permits are renewable.

(b) Only a person who is a resident of Montana as defined in section 87-2-102, MCA may apply for a permit under this rule.

(d) Upon program certification by the service, a first-time apprentice falconer permit will be issued for a reduced fee of $50. That first-time permit application fee must be submitted prior to taking the falconry examination.

(2) The department may reinstate a lapsed falconry permit.

(a) If a permit has lapsed for fewer than five years, it may be reinstated at the level previously held if proof of certification at that level can be provided.

(b) If a permit has lapsed for five years or longer, an examination administered by the department must be taken and passed with a score of at least 80 percent to have a permit reinstated at the level previously held. Falconry facilities must also pass state inspection before a falconry bird may be possessed.

(3) The department will recognize valid falconry permits from other states while an individual is in the process of moving to Montana. Within 120 days of moving to Montana, the department must inspect falconry facilities. Once the department residency requirements are satisfied, the department will recognize time spent practicing falconry in other service-approved states and will grant permits at the same class as permits previously held.

(4) The department may grant new residents to the United States with experience in falconry a permit to practice falconry in Montana and allow them to possess a raptor for use in falconry at an appropriate level after:

(a) taking and passing the falconry examination with at least an 80 percent score to demonstrate knowledge of falconry laws and regulations;

(b) providing documentation of experience with falconry in the applicant's country of origin;

(c) construction and inspection of falconry facilities determined by the department to be in compliance with ARM 12.6.1122; and

(d) a determination by the department of the appropriate level of falconry for which the applicant is qualified.

(5) A falconer must have permits or legible copies of them in their possession if they are not at the location of their falconry facilities and are trapping, transporting, working with, or flying falconry raptors.

History

Authorizing statute(s): 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: NEW, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1122 Facilities

(1) Permittees must keep all raptors held under their falconry permit in humane and healthful conditions.

(2) Whether indoors (mews) or outdoors (weathering area), raptor facilities must protect raptors from the environment, predators, and domestic animals. Permittees are responsible for the maintenance, security, and protection of raptors they possess under a permit.

(3) Permittees must have raptor housing facilities approved by the department before obtaining a bird to use in falconry. The department requires that the permittee have either an indoor or outdoor facility or both. A representative of the department, or its designee, must certify that facilities and equipment meet the following standards:

(a) All facilities must protect raptors from predators and domestic animals.

(b) The facility must have a suitable perch for each raptor, at least one opening for sunlight, and must provide a healthy environment for raptors.

(d) Each raptor must have an area large enough to allow it to fly if it is untethered or, if tethered, to fully extend its wings or bate (attempt to fly while tethered) without damaging its feathers or contacting other raptors.

(e) In most cases, each raptor should have a pan of clean water available. However, at the discretion of the permittee, this requirement is waived if weather conditions, the perch type used, or some other factor makes it inadvisable to have water available to the raptor.

(f) An indoor facility must be large enough to allow easy access for the care and feeding of raptors.

(i) If raptors are not tethered, all walls that are not solid must be protected on the inside. Suitable materials may include vertical bars spaced narrower than the width of the body of the smallest raptor housed in the enclosure. However, heavy-duty netting or other such materials may be used to cover the walls or roof of the enclosure.

(ii) Acceptable indoor facilities include shelf perch enclosures where raptors are tethered side by side. Other innovative housing systems are acceptable if they provide the enclosed raptors with protection and maintain healthy feathers.

(g) A falconry raptor or raptors may be kept inside the permittee's place of residence if a suitable perch or perches are provided. If raptors are housed inside the home, windows or other openings of the structure do not need to be modified. Raptors kept in the home must be tethered when they are not being moved in or out of the location in which they are kept.

(h) An outdoor facility must be totally enclosed, and may be made of heavy-gauge wire, heavy-duty plastic mesh, slats, pipe, wood, or other suitable material.

(i) The facility must be covered and have at least a covered perch to protect a raptor from predators and weather.

(ii) The facility must be large enough to ensure that the birds cannot strike the enclosure when flying from the perch.

(4) Falconry raptors may be kept outside in the open if they are under watch, such as by the permittee or a family member at any location or, for example, by a designated individual in a weathering yard at a falconry meet.

(5) A permittee must inform the department within five business days if there is a change in the location of their facilities.

(6) Falconry facilities on property not owned by the permittee:

(a) must meet the standards in this rule; and

(b) the permittee must submit to the department a signed and dated statement showing that the permittee and the property owner agree that the falconry facilities, equipment, and raptors may be inspected without advance notice by the department at any reasonable time of day. Inspections must be in the presence of the permittee.

History

Authorizing statute(s): 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: NEW, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1123 Reporting

(1) No permittee may take, purchase, receive, or otherwise acquire, sell, barter, transfer, or otherwise dispose of any raptor unless the permittee submits a federal form 3-186A (Migratory Bird Acquisition/Disposition Report) or similar state form, completed in accordance with the instructions on the form to the department within ten calendar days of any transaction.

(2) No raptor may be possessed under authority of a falconry permit unless the permittee has a properly completed form 3-186A for each bird possessed. A copy of form 3-186A for each raptor shall accompany the permit and be available for inspection by appropriate department representatives while the permittee is involved in permitted activities.

History

Authorizing statute(s): 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: NEW 1992 Mar p. 2381, Eff. 10/30/92; AMD, 2012 MAR p. 501, Eff. 3/9/12.

Mont. Admin. R. 12.6.1124 Marking

(1) If a goshawk (Accipiter gentiles), Harris's hawk (Parabuteo unicinctus), peregrine falcon (Falco peregrinus), or gyrfalcon (Falco rusticolus) is taken from the wild, acquired from a rehabilitator, or from another falconer, the raptor must be banded with a permanent, nonreusable, numbered service leg band provided by the department. An International Organization for Standardization (ISO) compliant (134.2 kHz) microchip may be purchased and implanted in the bird in addition to a band. Contact the department for information on obtaining and disposing of bands. Within ten days from the day on which the raptor is taken from the wild, it must be reported, including band number and/or microchip information, by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department. An appropriate band may be requested from the department in advance of any effort to capture a raptor.

(2) A raptor bred in captivity must be banded with a seamless metal band, in accordance with 50 C.F.R. 21.30. It also may have an implanted ISO-compliant (134.2 kHz) microchip. If a seamless band is removed or lost, a request for a replacement service nonreuseable band must be requested from the department and the required information must be reported immediately upon rebanding or microchipping the raptor by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department. A band that is removed or lost, must be replaced or an ISO-compliant (134.2 kHz) microchip must be implanted in the bird and the microchip information reported by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized.

(3) If the band must be removed or is lost from a raptor, the loss of the band must be reported within five days, and then the permittee must do at least one of the following:

(a) request a service nonreusable band from the department and submit the required information immediately upon rebanding the raptor by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department; or

(b) purchase and implant an ISO-compliant (134.2 kHz) microchip in the bird and report the microchip information by submitting a 3-186A form to the department or by submitting the information electronically as authorized by the department.

(4) A band must not be altered, defaced, or counterfeit. The rear tab of a band on a raptor taken from the wild may be removed and an imperfect surface may be smoothed if the integrity of the band or the numbering is not affected.

(5) The department may provide an exemption if health or injury problems caused by the band are documented. A copy of the exemption paperwork must be kept by the permittee when transporting or flying the raptor. If the bird is a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon, the band must be replaced with an ISO-compliant microchip that the service will supply to the department. The service will not provide a microchip for a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon unless it has been demonstrated that a band causes an injury or a health problem for the bird.

(6) A raptor removed from the wild may not be banded with a seamless numbered band.

(7) Copies of all electronic database submissions documenting take, transfer, loss, rebanding, or microchipping of each falconry raptor must be kept until five years after the bird has been transferred, lost, or died.

History

Authorizing statute(s): 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: NEW, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1125 Temporary Holding of Raptors

(1) A raptor may be housed temporarily for up to 120 consecutive calendar days if the bird has a suitable perch and is protected from predators, domestic animals, extreme temperatures, wind, and excessive disturbance.

(2) A permittee's raptor may be cared for by another falconry permittee for up to 120 consecutive calendar days. The permittee caring for the raptor must have a signed and dated statement authorizing temporary possession, plus a copy of form 3-186A showing the permit under which the bird is held. The statement must include information about the time period of care and the allowable activities to be done with the bird.

(3) The raptors will remain on the original falconry permit and will not be counted against the possession limit of the person caring for the raptors.

(4) If the person caring for the raptors holds the appropriate level falconry permit, the raptors may be flown in an authorized manner, including hunting.

(5) The temporary care of the raptors may be extended indefinitely in extenuating circumstances, such as illness, military service, or for a family emergency. The department will consider such instances on a case-by-case basis.

(6) Someone who does not have a falconry permit may care for falconry birds at the permittee's facilities for up to 45 consecutive calendar days.

(a) The raptors will remain on the falconry permit;

(b) the raptors must remain in the facilities;

(c) this care may be extended indefinitely in extenuating circumstances, such as illness, military service, or for a family emergency; and

(d) the person(s) caring for the raptors may not fly them for any reason.

History

Authorizing statute(s): 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: NEW, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1126 Transfer of Wild Raptors

(1) Wild raptors held by a permittee may be permanently transferred to a resident authorized to possess raptors for falconry purposes provided:

(a) the permittees submit a federal form 3-186A or submit the information electronically as authorized by the department;

(b) no money, barter or any other consideration is involved in the transfer.

(2) Wild raptors held by a permittee may be permanently transferred to a nonresident authorized to possess raptors for falconry purposes provided:

(a) the permittees submit a federal form 3-186A or submit the information electronically as authorized by the department;

(b) an export permit has been issued by the department in advance of export from the state; and

(c) no money, barter, or any other consideration is involved in the transfer. The species and number of raptors transferred, held, or replaced is limited in accordance with the permit classes section of this regulation.

(3) Captive-bred raptors held by a permittee may be permanently transferred to residents or nonresidents authorized to possess raptors, provided the permittees submit a federal form 3-186A or submit the information electronically as authorized by the department in accordance with the reporting requirements of ARM 12.6.1103.

History

Authorizing statute(s): 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: NEW, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1127 Temporary Transport

(1) Holders of Montana falconry permits may temporarily remove raptors from Montana and return them to the state, provided all necessary permits or licenses are obtained from the states or other legal authority into which the raptors are transported.

(2) A falconer may transport a raptor if a suitable perch and protection from extreme temperatures, wind, and excessive disturbance are provided. A "giant hood" or similar container is acceptable for transporting or housing a raptor.

History

Authorizing statute(s): 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: NEW, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1128 Sale of Raptors

(1) A permittee:

(a) may sell, purchase, or barter, or offer to sell, purchase, or barter captive-bred raptors marked with seamless bands or ISO compliant microchips to other permittees who are authorized to possess the raptors.

(b) may not purchase, sell, trade, or barter wild raptors. Wild raptors may only be transferred.

History

Authorizing statute(s): 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: NEW, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1129 Propagation Permit

(1) A falconry permittee may not propagate raptors without prior acquisition of a valid raptor propagation permit issued in accordance with appropriate federal and state regulations.

History

Authorizing statute(s): Sec. 87-5-204, MCA
Implementing statute(s): Sec. 87-5-204 MCA
History: NEW, 1992 MAR p. 2381, Eff. 10/30/92.

Mont. Admin. R. 12.6.1130 Release of Raptors

(1) A raptor not native to Montana or a hybrid raptor may not be released into the wild, but may be transferred to another falconry permittee.

(2) A permittee must have permission from the department to release a captive-bred raptor that is a native species to Montana.

(a) The raptor must be hacked to the wild at an appropriate time of year and location;

(b) the falconry band must be removed; and

(c) the release must be reported by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department.

(3) A raptor taken from the wild that is a native species to Montana may be released.

(a) The raptor must be released to the wild at an appropriate time of year and location;

(b) the falconry band must be removed; and

(c) the release must be reported by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department.

(4) Hybrid raptors may not be permanently released to the wild.

History

Authorizing statute(s): 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: NEW, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1131 Flying a Hybrid Raptor

(1) When flown free, a hybrid raptor must have at least two attached radio transmitters to locate the bird.

History

Authorizing statute(s): 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: NEW, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1132 Unintentional Take of Prey

(1) If prey is killed by a falconry bird without the permittee's intent, including an animal taken outside of a regular hunting season, the permittee:

(a) may allow the falconry bird to feed on the animal;

(b) may not take possession of the animal; and

(c) must report take of any federally listed threatened or endangered species to the service field office in which the kill occurred.

History

Authorizing statute(s): 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: NEW, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1133 Transfer of Raptors to Another Type of Permit

(1) Under some circumstances a permittee may transfer a raptor to another permit type if the recipient of the bird, including the permittee, possesses the necessary permits for the other activity.

(2) A permittee may transfer a wild-caught falconry bird to a raptor propagation permit after the bird has been used in falconry for at least two years, except one year for a sharp-shinned hawk, a Cooper's hawk, a merlin, or an American kestrel. Upon transfer, a copy of form 3-186A documenting acquisition of the bird by the propagator must be provided to the federal migratory bird permit office that administers the propagation permit. The bird must be banded with a permanent, nonreusable, numbered band issued by the department.

(3) Raptors held under a falconry permit may be used for captive propagation if the person overseeing the propagation has the necessary propagation permits. The raptor does not need to be transferred from the falconry permit if it is used for fewer than eight months in a year in captive propagation. If used more than eight months, the bird must be permanently transferred to the propagation permit. The bird must then be banded with a permanent, nonreusable, numbered band issued by the department.

(4) A permittee may transfer a wild-caught bird to another permit type in less than two years, except one year for a sharp-shinned hawk, a Cooper's hawk, a merlin, or an American kestrel if the bird has been injured and a veterinarian or permitted wildlife rehabilitator has determined that the bird can no longer be flown for falconry.

(a) When the bird is transferred, a copy of form 3-186A documenting acquisition of the bird must be provided to the federal migratory bird permit office that administers the other permit type; and

(b) a copy of the certification from the veterinarian or rehabilitator that the bird is not useable in falconry must be provided to the federal migratory bird permits office that administers the other permit type.

(5) Captive-bred falconry raptors may be transferred to another type of permit if the holder of the other permit type is authorized to possess the bird. Within ten days, the transfer must be reported by submitting a standard paper form 3-186A to the department.

History

Authorizing statute(s): 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: NEW, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1134 Disposition of Carcasses of Falconry Birds That Die

(1) The carcass of a golden eagle held for falconry, including all feathers, talons, and other parts must be sent to the National Eagle Repository.

(2) The body or feathers of any other species of falconry raptor may be donated to any person or institution exempt under 50 C.F.R. 21.12 or authorized by permit to acquire and possess such parts or feathers.

(3) If a falconry bird was banded or microchipped prior to its death, a permittee who possessed the bird may keep the body of any falconry raptor except that of a golden eagle. The permittee may keep the body so that the feathers are available for imping or may have the body mounted by a taxidermist. The permittee may use the mount in giving conservation education programs. If the bird was banded, the band must be left on the body. If the bird has an implanted microchip, the microchip must be left in place.

(4) If a permittee does not wish to donate or keep the body or feathers, the body must be burned, buried, or otherwise destroyed within ten days of the death of the bird or after final examination by a veterinarian to determine cause of death. Carcasses of euthanized raptors could pose a risk of secondary poisoning of eagles and other scavengers. Appropriate precautions must be taken to avoid such poisonings.

(5) If a permittee does not donate the bird body or feathers or have the body mounted by a taxidermist, the flight feathers may be possessed from the bird for as long as the permittee has a valid falconry permit. The permittee may not buy, sell, or barter the feathers and must keep the paperwork documenting acquisition of the bird.

History

Authorizing statute(s): 87-5-204, MCA
Implementing statute(s): 87-5-204
History: NEW, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1135 Raptors Used for Education

(1) A general or master falconer may use a bird in conservation education programs presented in public venues.

(a) A federal education permit is not needed to conduct conservation education activities using a falconry raptor.

(b) An apprentice falconer may present conservation programs under the supervision of a general or master falconer.

(d) A fee may be charged for the presentation of a conservation education program. The fee may not exceed the amount required to recoup the costs of the presentation.

(e) Conservation education programs must provide information about the biology, ecological roles, and conservation needs of raptors and other migratory birds, although not all of these topics must be addressed in every presentation. Falconry birds may not be used for presentations that do not address falconry and conservation education.

(f) The permittee is responsible for all liability associated with conservation education activities.

(2) Photography, filming, or other such uses of falconry raptors to make movies or other sources of information on the practice of falconry or on the biology, ecological roles, and conservation needs of raptors and other migratory birds, is allowable. The permittee may not be paid for these activities.

(a) Falconry raptors may not be used to make movies, commercials, or in other commercial ventures that are not related to falconry.

(b) Falconry raptors may not be used for entertainment; for advertisements; promotion or endorsement of any products, merchandise, goods or services; as a representation of any business, company, corporation, or other organization; or for promotion or endorsement of any products, merchandise, goods, services, meetings, or fairs, except for products related directly to falconry, such as hoods, telemetry equipment, giant hoods, perches, and materials for raptor facilities.

(3) A general or master falconer may assist a permitted migratory bird rehabilitator to condition raptors in preparation for release to the wild. A rehabilitating bird may be kept at the falconer's facilities.

(a) The rehabilitator must provide a letter or form that identifies the bird and explains that the falconer is assisting in the raptor's rehabilitation.

(b) The falconer's facilities do not need to meet the standards and are not subject to inspection for compliance of the standards of a rehabilitator facility.

(c) A raptor possessed for the purpose of rehabilitation does not need to be added to the falconry permit. It will remain under the permit of the rehabilitator.

(d) If a raptor cannot be permanently released to the wild, it must be returned to the rehabilitator within 180 days unless the department authorizes an extension or the raptor is transferred to another permit.

(e) All raptors able to be released into wild must be released or returned to the rehabilitator for release.

(4) A master falconer may conduct abatement activities with a bird or birds possessed for falconry, with a special purpose abatement permit. With a special purpose abatement permit, payment may be received for providing abatement services. A general falconer may conduct abatement activities only as a subpermittee of the holder of the abatement permit.

History

Authorizing statute(s): 87-5-204, MCA
Implementing statute(s): 87-5-204, MCA
History: NEW, 2009 MAR p. 1470, Eff. 8/28/09.

Mont. Admin. R. 12.6.1136 Application and Permitting for Nonresident Raptor Take

(1) Three take permits for each species of raptor allowed to be removed from the wild will be available to nonresidents through a drawing.

(2) Nonresidents may only possess one take permit.

(3) Nonresidents applying for a take permit must submit to the department by March 15:

(a) a completed application;

(b) a $5 application fee; and

(4) Upon notification, successful applicants may purchase a nonresident take permit for $200. The permit must be purchased by May 1 or will be made available to other applicants.

(5) Permits are valid from June 1 through March 31 and only for the species specified on the permit.

(6) Nonresidents must comply with the reporting requirements of ARM 12.6.1123.

History

Authorizing statute(s): 87-5-204, MCA
Implementing statute(s): 87-5-204, 87-8-208, MCA
History: NEW, 2012 MAR p. 501, Eff. 3/9/12.

Subchapter 12.6.12 Shooting Preserves

Mont. Admin. R. 12.6.1201 Shooting Preserve Bird Tags

(1) The department will furnish self-locking pheasant tags to licensed shooting preserve operators for ten cents each.

History

Authorizing statute(s): Sec. 87-4-501 MCA
Implementing statute(s): 87-4-525 MCA
History: Eff. 12/31/72.

Mont. Admin. R. 12.6.1202 Game Hunted in Preserve

(1) The following species may be artificially propagated and hunted in shooting preserves having operating licenses or permits issued by the department under 87-4-501 , et seq., MCA:

(a) pheasant,

(b) quail,

(d) turkey,

(e) Hungarian partridge.

(2) Other species that may be added to the list in subsection (1) shall be limited to artificially propagated species of birds that are indigenous to Montana, or have established a permanent population in Montana and are found in the wild. Such species may be added only by an amendment of this rule adopted in accordance with the Montana Administrative Procedure Act.

History

Authorizing statute(s): Sec. 87-4-501 MCA
Implementing statute(s): 87-4-522 MCA
History: NEW, 1991 MAR p. 1555, Eff. 8/30/91.

Mont. Admin. R. 12.6.1203 Shooting Preserve License Application

(1) The license period for shooting preserves is July 1 through June 30.

(2) Applications, renewals, and expansion requests for a shooting preserve license must be submitted on a form provided by the department.

(3) Applications, renewals, and expansion requests for a shooting preserve license are to be postmarked no later than July 1. Applications, renewals, and expansion requests postmarked after July 1 will not be considered until the following license period.

(4) Any shooting preserve that is not renewed by July 1 will be considered to have lapsed and is subject to the provisions of a new license application.

History

Authorizing statute(s): 87-4-501, MCA
Implementing statute(s): 87-4-501, MCA
History: NEW, 2012 MAR p. 2602, Eff. 12/21/12.

Subchapter 12.6.13 Roadside Zoo Regulations

Mont. Admin. R. 12.6.1301 Records and Display of Permit

(1) A complete record and history of each game animal, game bird, and fur-bearing animal, as well as a monthly inventory, record of offspring birth details, disposition of animals, and other pertinent details as may be required, shall be kept in a permanent log book and made available upon request to any fish and game warden or duly commissioned officer.

(2) All permits issued under the provision of section 87-4-803 , MCA, shall be framed and publicly displayed at roadside menageries covered by said permit. A copy of these roadside zoo regulations must be prominently displayed for public information.

History

Authorizing statute(s): Sec. 87-4-802 MCA
Implementing statute(s): Secs. 87-4-802, 87-4-803 MCA
History: Eff. 12/31/72.

Mont. Admin. R. 12.6.1302 Housing

(1) All wild animals (which includes all wild mammals, birds, and reptiles, whether or not such animal was bred or reared in captivity) held in captivity at roadside menageries, shall be confined at all times in cages of such strength and type of construction that it will be impossible for said animals to escape, and at no time shall any such animals be chained or otherwise tethered to stakes, posts, trees, buildings, or other anchorage, or otherwise impeded from moving freely within the cage or enclosure.

(2) All such cages and enclosures shall be of sufficient size and height to give the animals so confined ample space for exercise and to avoid overcrowding or escape. Each cage or enclosure shall be provided with a weatherproof den, nest box, rest board, perch, or shelter, and such bedding as may be required for the comfort of the species of animals, reptiles, birds, etc., so held in captivity and to protect them against inclement weather. A suitable shield for protection against the hot rays of sun shall also be provided. Where the natural climate of the species of animal being held differs from the climate of the area where the menagerie is located, provisions must be made to adjust holding conditions to the natural habitat.

(3) An effective barrier, well supported, shall be constructed around cages or enclosures on the side or sides where the public may approach them to safeguard the public and the animals from injury. Such cages and fencing shall be kept in good repair at all times, and gates and doors shall be padlocked. No nails or other sharp protrusions which might injure the animal are allowed within the cage.

(4) At least one wall of the enclosure shall be constructed so as to provide a privacy screen and windbreak for the animals confined within the enclosure or cage.

History

Authorizing statute(s): 87-4-802, MCA
Implementing statute(s): 87-4-802, MCA
History: Eff. 12/31/72.

Mont. Admin. R. 12.6.1303 Feeding

(1) A regular daily feeding and watering schedule shall be maintained. The rations supplied should be adequate and varied, and so far as possible, consistent with the food which is ordinarily eaten by such animals in a wild state to maintain proper strength and healthy appearance. Food must be of good quality.

(2) Ample fresh water shall be available to cages or enclosures at all times.

History

Authorizing statute(s): 87-4-802, MCA
Implementing statute(s): 87-4-802, MCA
History: Eff. 12/31/72.

Mont. Admin. R. 12.6.1304 Treatment and Sanitation

(1) All animals retained at a roadside zoo shall be handled in a humane manner and kept free from parasites, sickness or disease, and when afflicted or unsightly shall be removed from public display by the owner, and immediately given professional medical attention, or be destroyed in a humane manner.

(2) All cages or other enclosures shall be cleaned at least once a day and said enclosures and their surroundings shall be kept in a sanitary and attractive condition, free from offensive odor.

(3) All animals with a propensity to fight or which are otherwise incompatible shall be kept segregated.

History

Authorizing statute(s): 87-4-802, MCA
Implementing statute(s): 87-4-802, MCA
History: Eff. 12/31/72; AMD, 1996 MAR p. 1839, Eff. 7/4/96.

Mont. Admin. R. 12.6.1305 Identifying Labels

(1) Each enclosure shall be labeled with the proper common name in English of the animal or animals therein confined for the information of the public. The letters on such labels shall be at least one inch in height.

History

Authorizing statute(s): 87-4-802, MCA
Implementing statute(s): 87-4-802, MCA
History: Eff. 12/31/72.

Mont. Admin. R. 12.6.1306 Stock Obtained Lawfully

(1) All animals retained at a roadside zoo or menagerie shall have been secured in a lawful manner. Evidence of such legal possession shall be kept on the premises for each animal maintained in such zoo or menagerie and shall be presented to any authorized officer upon demand. It shall be the purchaser's responsibility to obtain written verification that the individual disposing of any animals was legally entitled to make such disposition. Such verification shall be maintained with the other records and made available upon request.

History

Authorizing statute(s): 87-4-802, 87-4-804, MCA
Implementing statute(s): 87-4-802, 87-4-804, MCA
History: Eff. 12/31/72.

Mont. Admin. R. 12.6.1307 Disposing of Wildlife Stock

(1) Those game animals, game birds, and fur-bearing animals captured or taken from the wild, wildlife on loan from the department, and any progeny of the above shall not be sold and may be exported or exchanged only by permit issued by the department.

(2) Those game animals, game birds, and fur-bearing animals lawfully obtained from a licensed game farm or fur farm within the state or lawfully obtained outside the state may be propagated, sold, exchanged, or donated only under authority of a game or fur farm permit issued by the department.

History

Authorizing statute(s): 87-4-802, MCA
Implementing statute(s): 87-4-802, 87-4-804, 87-4-805, MCA
History: Eff. 12/31/72.

Mont. Admin. R. 12.6.1308 Insurance Requirements

(1) No permit will be issued or renewed, nor will any transfer of permit be approved, unless and until the director is furnished satisfactory proof that the operation or proposed operation of the roadside zoo or menagerie under such permit is covered by policy contract of insurance issued by a reputable and financially responsible insurer, which will pay on behalf of such permittee as insured, all sums which such permittee shall become legally obligated to pay as damages because of bodily injury or property damage caused any member of the public, while on the premises of such zoo or menagerie, by negligent operation or maintenance or caused by negligent care, confinement, or supervision of the birds or animals therein. Such policy contract of insurance shall be issued in policy limits of at least the following:

(a) bodily injury - $25,000 for each person and $100,000 for each occurrence;

(b) property damage liability - $5,000 for each occurrence.

History

Authorizing statute(s): Sec. 87-4-802 MCA
Implementing statute(s): Sec. 87-4-802 MCA
History: Eff. 12/31/72.

Mont. Admin. R. 12.6.1309 Enforcement

(1) Regulations contained in this subchapter may be enforced by any fish and game warden or other officer duly authorized by the state of Montana.

History

Authorizing statute(s): Sec. 87-4-802 MCA
Implementing statute(s): Secs. 87-4-802, 87-4-807 MCA
History: Eff. 12/31/72.

Subchapter 12.6.14 Captive Breeding of Raptors

Mont. Admin. R. 12.6.1401 Application for Permit

(1) Persons must possess both a federal and a Montana raptor propagation permit in order to:

(a) possess, transport, import, purchase, barter, or capture from the wild, any raptor for propagation purposes; and

(b) offer to sell, purchase, or barter a raptor egg or semen for propagation purposes.

(2) Persons wishing to apply for a Montana raptor propagation permit shall file a written application on a form provided by the department, a copy of a current federal raptor propagation permit, and $100.

(3) Montana raptor propagation permits are valid for a period of five years or portion thereof, and shall expire on the date designated on the face of the permit unless amended or revoked. Permits are renewable.

History

Authorizing statute(s): 87-5-210, MCA
Implementing statute(s): 87-5-210, MCA
History: NEW, 1983 MAR p. 1829, Eff. 12/16/83; AMD, 2012 MAR p. 500, Eff. 3/9/12.

Mont. Admin. R. 12.6.1409 Records and Report

(1) The records required by federal regulations shall be sufficient record for the state.

(2) The permittee shall file with the department a copy of the annual report required by federal regulations by no later than January 31 of each year.

History

Authorizing statute(s): 87-5-210, MCA
Implementing statute(s): 87-5-210, MCA
History: NEW, 1983 MAR p. 1829, Eff. 12/16/83; AMD, 2012 MAR p. 500, Eff. 3/9/12.

Mont. Admin. R. 12.6.1412 Federal Raptor Propagation Regulations

(1) The commission adopts and incorporates by reference federal regulation contained in 50 CFR 21.30. A copy of the federal raptor propagation regulations may be obtained from the Department of Fish, Wildlife and Parks, Enforcement Bureau, 1420 East Sixth Avenue, P.O. Box 200701, Helena, Montana 59620-0701.

History

Authorizing statute(s): 87-5-210, MCA
Implementing statute(s): 87-5-210, MCA
History: NEW, 2012 MAR p. 500, Eff. 3/9/12.

Subchapter 12.6.15 Game Farms

Mont. Admin. R. 12.6.1520 Definitions

The definitions in 87-4-406 , MCA, and the following apply to this subchapter:

(1) "Catch pen" has the meaning defined in ARM 32.4.101.

(2) "Elk-red deer hybrid" means an animal produced by the mating of a North American elk (Cervus elaphus canadensis, roosevelti, manitobensis, nannodes or nelsoni) and a red deer (Cervus elaphus elaphus) and all subsequent progeny.

(3) "Game farm animals" mean the animals defined as game farm animals and cloven-hoofed ungulates in 87-4-406 , MCA, except domestic water buffalo (Bubalus bubalis).

(4) "Game proof" means:

(a) for game farms holding exclusively cloven-hoofed ungulates, that game farm animals cannot escape the game farm and that game animals (excluding mountain lions and bears) cannot enter the game farm;

(b) for game farms holding omnivores or carnivores, that game farm animals cannot escape the game farm and that game animals (including mountain lions and bears) cannot enter the game farm.

(5) "Handling device" has the meaning defined in ARM 32.4.101.

(6) "Invoice/bill of sale" is a form utilized by the department to document the sale and movement of carnivores and omnivores.

(7) "Knotted-joint" means a joint consisting of a one-piece, continuous stay wire and a separate knotting wire.

(8) "Montana Environmental Policy Act" and "MEPA" means the Montana Environmental Policy Act, as amended, at Title 75, chapter 1, parts 1 through 3, MCA.

(9) "Peak number" of game farm animals means the highest number of game farm animals, including adults and offspring, births and purchases, that occupy a game farm at any time during a license year. The number of offspring for the purpose of this definition shall be the actual number, at the time of counting, of game farm animals born and surviving in the calendar year at issue.

(10) "Quarantine facility" has the meaning defined in ARM 32.4.101.

(11) "Reconstruction" means the replacement of posts and the replacement of a section of mesh fence between any two exterior fence braces. The term excludes repairs, such as stapling and the replacement of posts or wire to close a gap or hole in a fence. If a section of exterior mesh fence between two fence braces is reconstructed, it must be constructed in compliance with the requirements of ARM 12.6.1531 and be inspected by the department.

(12) "Transfer" as used in 87-4-417 , MCA, and ARM 12.6.1539, means the movement of any game farm animal to or from a game farm, and also includes the change in ownership interest or any part of an ownership interest in a game farm animal.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-406, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1521 Addition and Deletion of Species as Game Farm Animals

(1) Any person desiring to add or delete a species of cloven-hoofed ungulate to the definition of game farm animals in ARM 12.6.1520(3) shall petition the department to initiate a rulemaking proceeding pursuant to 2-4-315 , MCA, and ARM 1.3.205 and 12.2.101.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-424, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1522 License Application and Department Approval

(1) Applicants for a game farm license shall file with the department and the Department of Livestock a written application on a form prescribed by the department. The applicant shall include the initial license fee with the application.

(2) The application must include the following minimum requirements:

(a) a written description setting forth the township, range, and section, or portion of section, and estimated acreage of the game farm;

(b) a 72 minute topographical map identifying the location of the game farm;

(c) a detailed drawing or map of the game farm showing the location of the exterior fence, all exterior gates, catch pens and quarantine facilities;

(d) a written description of specifications for all exterior fencing, including portions of quarantine and other internal facilities that serve as exterior fencing;

(e) documentation showing compliance with the application requirements for catch pens, handling devices and quarantine facilities in Department of Livestock rule ARM 32.4.801;

(f) the species and peak numbers of game farm animals that will occupy the game farm;

(g) for game farm animals other than antelope, black bear, caribou, elk, fallow deer, mountain goat, mountain lion, mountain sheep, mule deer, muskox, reindeer, and whitetail deer, the applicant shall provide information required to evaluate the potential threat the species may pose to native wildlife or livestock through nonspecific genetic dilution, habitat degradation or competition caused by feral populations of escaped game farm animals, parasites and disease; and

(h) information showing the applicant's capacity to conduct regular inspections and to detect and respond on a timely basis to occurrences of ingress and egress.

(3) If the applicant anticipates expansions, increases in animal numbers or other modifications in the future, the applicant may request at the time of initial application that the department conduct a comprehensive environmental review pursuant to ARM 12.6.1525 on all phases of the proposed project. The applicant's request must specify the elements of each future phase, including for each phase the proposed exterior fence locations, peak numbers and species of animals that will occupy the game farm.

(4) The department may not approve an application for a game farm that is in other than a single location. A game farm may be considered as a single location if the parcels of property comprising the game farm are contiguous and under the same ownership or secured lease. Contiguous property may include parcels separated by a public or private road or a river or stream, or adjacent property under the same ownership or lease.

(5) The applicant shall complete the construction of the proposed game farm facilities within three years after the department approves the application. If the applicant fails to complete construction or obtain an extension within such period, the applicant must file a new application. If the department conducted a comprehensive environmental review on a phased development pursuant to (3), the applicant shall complete the construction for the phase or phases for which the applicant has requested and received approval within three years after the department's approval. To proceed with any additional phases, the licensee shall apply and receive approval for a license modification and shall complete any construction associated with such additional phases within three years after the department's approvals. The applicant may request extensions of the three year construction periods pursuant to ARM 12.6.1544.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-409, 87-4-426, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1523 Issuance of License

(1) The department may not issue a license until after it has approved the application for license and the following have been completed:

(a) the department has inspected and approved the applicant's fencing; and

(b) the Department of Livestock has approved the construction of catch pens, handling device and quarantine facilities.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-408, 87-4-426, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1524 License Modifications

(1) A licensee may not expand the area enclosed by exterior fence, exceed the peak number of animals, add a new species, or implement a minor modification pursuant to (3) without having requested and received the department's approval for a license modification. Applications for modifications must be made on forms prescribed by the department and must include the required fee.

(2) The department will review an application for modification of a license and determine whether it is complete within 30 days of its receipt. Within 45 days of accepting an application as complete, the department will determine whether a prior environmental review sufficiently addressed the impacts of the proposed changes. If the department determines not to perform a supplemental environmental review, the department will issue a decision to approve, deny or approve the application with stipulations within the 45 day period. If the department determines to perform a supplemental environmental review, the department will complete the review and issue a proposed decision within 120 days from the date of the acceptance of the application as complete. The department's decision will be issued in accordance with the procedures in 87-4-426 , MCA.

(3) Minor modifications of game farm facilities include but are not limited to the reconstruction of fences, installation and relocation of exterior gates, and the relocation of exterior fences within the previously approved perimeter. The reconstruction of fences, installation and relocation of exterior gates, and the relocation of exterior fences within the previously approved perimeter shall be categorically excluded from the requirement for the preparation of an environmental assessment or an environmental impact statement, unless a modification may involve one or more of the following extraordinary circumstances:

(a) significant impacts on wildlife resources or water quality; or

(b) any other kind of significant environmental impact, including cumulative or secondary impacts.

(4) A licensee may not change the location of a quarantine facility without complying with Department of Livestock regulation ARM 32.4.803. The department will not approve the license modification until the Department of Livestock has approved the new construction of catch pens and quarantine facilities under the process provided for in ARM 32.4.803. The department will not review such modifications under the process provided for in this rule.

History

Authorizing statute(s): 87-4-422, 87-4-426, MCA
Implementing statute(s): 87-4-426, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1525 Environmental Reviews

(1) The department will perform an environmental review under the Montana Environmental Policy Act (MEPA) on all applications for game farm licenses. The review will consider the peak number of animals identified in the application. The department may also perform a review of cumulative phases identified in an application.

(2) The department or its representatives shall discuss with the applicant the environmental impacts of the proposed action and potential mitigation measures or stipulations identified in the department's initial review prior to the issuance of a draft environmental assessment (EA) or environmental impact statement (EIS).

(3) The department may conduct a supplemental environmental review of a game farm operation, including modifications to licenses, under any of the following conditions:

(a) there are substantial changes in the proposed action that are relevant to environmental concerns; or

(b) there are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts.

(4) A supplemental environmental review must include, but is not limited to, a description of the following:

(a) an explanation of the need for the supplement;

(b) the proposed action; and

(c) any impacts, alternatives or other items required by ARM 12.2.432 for an EA, by ARM 12.2.436 for a draft EIS, or by ARM 12.2.438 for a final EIS that were either not covered in the original environmental review or that must be revised based on new information or circumstances concerning the proposed license modification.

(5) The renewal or transfer of a license pursuant to 87-4-412 , MCA, is a ministerial action under the provisions of ARM 12.2.430(5)(e) and is not subject to an environmental review.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-409, 87-4-426, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1526 License Fees

(1) The initial application fee shall be as set forth in 87-4-411 , MCA. The fee shall be based upon the peak number of animals identified in the application. If the applicant has submitted an application that identifies phases of construction, the fee shall be based upon the peak number of animals in the phase with the largest proposed number of animals.

(2) The annual renewal fee shall be as set forth in 87-4-411 , MCA. The fee shall be based upon the number of animals, including offspring, owned, leased or kept on the game farm as of December 31 of the year preceding the renewal.

(3) The fee for an application for a license modification shall equal the initial application fee prescribed in (1) based upon the peak number of animals identified in the application for license modification. If the department determines not to perform a supplemental environmental review under MEPA, the department shall refund the fee.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-411, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1527 License Renewal

(1) A game farm license may be renewed prior to January 31 upon payment of the annual renewal fee and submission of the reports required by 87-4-417 , MCA. The department's issuance of a renewal shall not constitute the department's approval of the accuracy or completeness of the reports or records submitted by the licensee. A licensee who fails to submit the renewal fee and required reports by April 1 shall file a new license application form accompanied by the initial application fee.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-412, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1528 License Transfers

(1) A licensee may not transfer a license without having requested and received the approval of the department. The licensee and transferee shall request such approval by filing an application on a form prescribed by the department.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-412, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1529 Legal Sources

(1) The licensee shall obtain, purchase, board, or lease game farm animals from properly licensed or legal sources.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-414, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1530 Notice of Modification or Termination of Leases

(1) A licensee, which relies upon a lease or other agreement for its use or occupancy of any portion of the licensee's game farm or game farm facilities, shall notify the department and the Department of Livestock within ten days of the modification or termination of such lease or agreement.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-426, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1531 Minimum Fence Standards for Applications Filed After January 15, 1999, for Facilities Holding Cloven-Hoofed Ungulates

(1) After January 15, 1999, applicants for a game farm license or expansion shall construct game farm exterior fencing for facilities holding cloven-hoofed ungulates in compliance with the following minimum fencing standards and the requirements of ARM 12.6.1535.

(2) Exterior fences must be constructed to a minimum height of eight feet with high tensile 122 gauge, knotted-joint, woven wire game fence with vertical wires every six inches and 17 or more strands of horizontal wires. The fence bottoms must be installed to provide not more than three inches of ground clearance. The fence wire must be placed on the inside of the line posts, or in such other manner as will ensure the integrity of the fence. The fence wire must be secured to each line post in a minimum of five places for wood posts and a minimum of four places for steel posts, including the top and bottom wires. Exterior fences constructed on slopes of 50 percent grade or 30 degrees or greater may require additional, stronger or higher fence posts, special grading, additional wire to increase fence height and other measures. Unless site specific conditions require otherwise, fencing running perpendicular to the slope contour requires standard fencing.

(3) Exterior fence posts must extend a minimum of eight feet above the ground and be of sufficient strength to maintain the fence integrity.

(a) line post requirements are as follows:

(i) wooden line posts must be a minimum of four inches in diameter, treated and be spaced no more than 24 feet apart;

(ii) steel pipe line posts must be a minimum of 2 3/8 inches in diameter and weigh a minimum of three pounds per foot and be spaced no more than 24 feet apart;

(iii) t-posts and channel steel posts must be a minimum of 1.33 pounds per foot and be spaced no more than 20 feet apart, and must be supported by a wooden or steel pipe post every 60 feet;

(iv) additional posts or other measures may be required in wetland areas, heavily timbered areas and irregular terrain, including low and high spots; and

(v) line posts must be set to a minimum depth of 3 feet to provide adequate support for the fence. T-posts must be installed according to manufacturers' specifications.

(b) corner and end posts requirements are as follows:

(i) wooden corner and end posts must be a minimum of 5 inches in diameter and treated;

(ii) steel pipe corner and end posts must be a minimum of 2 7/8 inches in outside diameter;

(iii) corner and end posts of other materials must be of sufficient strength to maintain the fence integrity and must be approved by the department; and

(iv) corner and end posts must be set to a minimum depth of 4 feet to provide adequate support for the fence.

(i) posts used for braces must be treated wood or steel pipe and conform with the minimum diameters prescribed in (3)(b)(i) and (ii). Brace posts must be set to a minimum depth of 4 feet to provide adequate support for the fence;

(ii) corner and end braces must be constructed at each point where the direction of the fence changes;

(iii) corner and end braces which brace fence distances of greater than 660 feet must be constructed as a double brace with a total brace distance of 20 feet;

(iv) corner and end braces which brace fence distances of less than 660 feet must be constructed with a brace distance of 12 feet;

(v) in-line braces must be constructed in each fence line that exceeds 1,320 feet between corner or end posts. The in-line brace posts must be spaced no more than 1,320 feet apart in any such fence line; and

(vi) in-line braces must be constructed with a brace distance of 20 feet to provide adequate support for the fence.

(4) All exterior fence gates must be maintained in a closed, locked position at all times except when in use. The gates must have one latching and at least one locking device. All gates must be installed in locations approved by the department.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-426, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1532 Minimum Fence Standards for Facilities Holding Carnivores and Omnivores

(1) Facilities for holding black bears and mountain lions constructed or reconstructed after January 15, 1999, must be constructed and maintained in compliance with the following minimum fencing standards:

(a) all open topped enclosures must meet the following minimum standards:

(i) all exterior fence barriers must be constructed to a minimum of 12 feet in height with chain link or other material approved by the department at least nine gauge in strength or with a solid material that cannot be destroyed and prevents climbing by species contained therein. Enclosures must provide a minimum of 300 square feet of dry resting area for one animal and be increased by 50 percent for each additional animal;

(ii) exterior fences must be supported by posts every ten feet;

(iii) the licensee shall install an overhang of barbed wire or electric wire along the entire length of the top of the exterior fence or barrier sufficient to preclude escape;

(iv) the licensee shall install buried mesh wire (minimum 11 gauge) attached to the bottom of the exterior fence or barrier and extending laterally three feet to the inside of the enclosure for the length of the fence or barrier (to prevent carnivores from digging under the fence and escaping;)

(v) the licensee shall remove any trees, rocks, debris or other objects that may allow carnivores to exit or enter the enclosure; and

(vi) adjoining indoor enclosures that measure a minimum of five feet by five feet by five feet must be provided for each bear, and no less than three feet high and ten square feet for each mountain lion.

(b) all cages must satisfy the following minimum requirements:

(i) be of sufficient size (height, length and width) to prevent overcrowding and allow exercise; minimum requirements are 200 square feet for single mountain lions, to be increased by 50 percent for each additional animal, and 300 square feet for one black bear, to be increased by 50 percent for each additional animal;

(ii) have a cage top constructed of at least 11 gauge woven wire or chain link; and

(iii) have a floor made of cement or concrete at least three inches thick into which metal fence posts are permanently secured or a floor that consists of chain link or similar material that will preclude the animal digging through the floor to escape.

(c) gates on enclosures and cages must be self-closing and have double locks. The licensee shall confine the animals in cages at all times, except as may be authorized by the department;

(2) Facilities must comply with the American Zoological Association (AZA) general guidelines for housing and caring for black bears and mountain lions including such considerations as temperature, lighting, ventilation, feeding and sanitation.

(3) The following requirements apply to facilities for holding carnivores and omnivores constructed prior to January 16, 1999. If the facilities are not in compliance with this rule or are not otherwise game proof, they will be subject to the requirements in (1). Reconstruction of such facilities must satisfy the minimum standards in (1), any additional requirements in the license and any further requirements to ensure that the facilities are game proof.

(a) All open-topped enclosures holding game farm carnivores must meet the following requirements:

(i) a perimeter fence at least 8 feet in height constructed of at least 9 gauge woven wire chain link or solid material that cannot be destroyed by the species contained therein;

(ii) the perimeter barrier must be supported by a post or a stay at 10 foot intervals;

(iii) an overhang of barbed wire or electric wire installed at the top of the perimeter fence or other configuration that precludes escape;

(iv) buried mesh wire (minimum 11 gauge) extending laterally 3 feet to the inside of the enclosure for the length of the perimeter fence (to prevent carnivores from digging under the fence and escaping); and

(v) any trees or obstacles that would allow carnivores to exit or enter the enclosure must be removed.

(b) All cages holding game farm carnivores must be of sufficient size (height, length and width) to prevent overcrowding and allow exercise and must meet the following requirements:

(i) a cage top constructed of at least 11 gauge woven wire or chain link; and

(ii) a floor made of cement or concrete at least 3 inches thick into which metal fence posts are permanently secured or a floor that consists of chain link or similar material that will preclude the animal digging through the floor to escape.

(c) Gates on enclosures and cages must be self-closing and have double locks. The licensee shall confine the animals in cages at all times, except as may be authorized by the department.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-426, MCA
History: NEW, 1999 MAR p. 79, Eff, 1/15/99.

Mont. Admin. R. 12.6.1533 Minimum Fence Standards for Applications Filed Between May 15, 1992, and January 15, 1999, for Facilities Holding Cloven-Hoofed Ungulates

(1) The following requirements for fence height, posts and gates shall apply to applications filed between May 15, 1992, and January 15, 1999, for game farms holding cloven-hoofed ungulates. If the facilities are not in compliance with this rule or are not otherwise game proof, they will be subject to the requirements in ARM 12.6.1531. Reconstruction of such facilities must satisfy the minimum standards in ARM 12.6.1531, any additional requirements in the license and any further requirements to ensure that the fences are game proof.

(2) Conventional perimeter fences must be, at a minimum, eight feet above ground level for their entire length. The bottom six feet must be mesh of sufficient size to prevent wild animals from entering and game farm animals from escaping. Supplemental wire required to attain a height of eight feet may be smooth, barbed, or woven wire (at least 122 gauge) with strands spaced not more than six inches apart.

(3) Perimeter fences constructed of high tensile wire must be supported by a post or a stay at minimum intervals of eight feet.

(4) Conventional perimeter fences must be at least 122 gauge woven wire, 142 gauge high-tensile woven wire, chain link, nonclimbable woven fence, or other fence approved by the Department of Fish, Wildlife and Parks.

(a) If the wire used is not a full eight feet in height, it must be overlapped one row and securely fastened at every other vertical row or woven together with cable.

(5) Electric fencing materials may be used on perimeter fences only as a supplement to conventional fencing materials.

(6) All gates in the perimeter fence must be self-closing, equipped with two locking devices and installed in locations that have been approved by the Department of Fish, Wildlife and Parks. Double gates may be required at points in the perimeter fence subject to frequent vehicle traffic that is not related to operation of the game farm.

(7) Posts used in the perimeter fence must be:

(a) constructed of material of sufficient strength to keep game farm animals securely contained and wild animals from entering;

(b) extended at least eight feet above ground level;

(d) braced with wood or with suitable metal material properly set in concrete, at all corners.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-426, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1534 Minimum Fence Standards for Applications Filed and Facilities Constructed Prior to May 15, 1992, for Game Farms Holding Cloven-Hoofed Ungulates

(1) The following requirements shall apply to applications filed and facilities constructed prior to May 15, 1992, for game farms holding cloven-hoofed ungulates. If the facilities are not in compliance with this rule or are not otherwise game proof, they will be subject to the requirements in ARM 12.6.1531. Reconstruction of such facilities must satisfy the minimum standards in ARM 12.6.1531, any additional requirements in the license and any further requirements to ensure that the fences are game proof.

(2) For elk, fencing must be, at a minimum:

(a) 72 feet high, constructed of woven wire of 122 gauge; or

(b) of a construction and material that the applicant can document has been successfully used in other locales for the same species and under similar conditions.

(3) For all other species of game farm animals under 87-4-406 , MCA, and ARM 12.6.1520, fencing will be required that has been documented in other areas as being sufficient to keep animals of the same species confined under similar conditions as is proposed by the applicant.

(4) Fence right-of-way must be cleared of all dead timber with a height greater than eight feet for a distance of eight feet on the inside of the fence.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-426, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1535 Game Proof Condition

(1) Exterior fence must be designed, constructed and maintained in a game proof condition at all times.

(2) The department may require measures beyond the minimum requirements in ARM 12.6.1531 and 12.6.1532 in order to provide for a game proof fence. The additional measures must address site-specific conditions identified in the licensing review, which render the minimum requirements inadequate to provide a game proof fence.

(3) If the department receives any information, e.g., by inspection, or by review of the licensee's reports, that indicates that the fence has not been designed, constructed or maintained in a game proof condition, and notwithstanding the licensee's compliance with the applicable minimum standards and license stipulations, the department may modify the license to require the licensee to implement further measures to ensure that the fence is game proof. The modifications must be implemented in accordance with the procedures in 87-4-427 (3)(c), MCA.

(4) The licensee shall maintain a clearance of vegetation and debris along the inside of the exterior fence sufficient for the department to conduct inspections of the fence.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-426, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1536 Alternative Fence Designs

(1) An applicant may request approval of alternatives to the fence design requirements in ARM 12.6.1531 through 12.6.1534, pursuant to the waiver provision in ARM 12.6.1544. The applicant shall provide the department with all specifications on alternative fence designs and materials.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-426, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1537 Transportation: Carnivores and Omnivores

(1) A licensee shall not transport, sell or dispose of a carnivore or omnivore or its carcass until after the licensee requests and obtains an inspection by the department or its designated agent. The licensee shall sign the invoice/bill of sale certificate provided by the department, certifying the accuracy of the information stated.

(2) Copies of the invoice/bill of sale certificate will be dispensed as follows:

(a) original and second copy retained by the department;

(b) third copy to purchaser or transferee, which must also accompany the animals to their destination; and

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-415, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1538 Egress and Ingress

(1) The department or any peace officer may seize, capture, or destroy escaped game farm animals pursuant to the terms of this rule.

(2) The licensee shall report to the department and the Department of Livestock all escapes of game farm animals and all ingress of game animals (including all ingress of mountain lions and bears) and the reasons for such escapes and ingress. The licensee shall report each escape and ingress immediately by telephone to the department and the Department of Livestock and shall file a written report with both departments within ten days of discovery or notice of the escape or ingress. The licensee shall submit the written reports on forms provided by the department and completed and signed by the licensee. Ingress of animals other than game animals requires no notification.

(3) The licensee shall make every reasonable effort to recapture or destroy escaped game farm animals within the following time periods from the date of discovery or notice of the escape:

(a) 48 hours for males during the breeding seasons specified below:

(i) pronghorn antelope - August through September;

(ii) black bear - May through July;

(iii) caribou/reindeer - September through October;

(iv) elk - September through November;

(v) mountain lion - year-round;

(vi) mountain sheep - November through December;

(vii) mule deer - November through December;

(viii) whitetail deer - November through December;

(ix) mountain goat - October through December;

(b) 24 hours if the game farm or animal is under Department of Livestock quarantine, except that diseased escaped animals may be destroyed on sight; or

(c) five days if the preceding conditions do not exist, unless the licensee and the department agree to a different period.

(4) The licensee shall notify the department and the Department of Livestock immediately of the recapture or death of an escaped animal and, upon the request of either department, shall hold the animal for inspection before returning it to the game farm.

(5) The department will make reasonable efforts to notify area game farmers of unreported, escaped game farm animals if local department officials observe or receive reports thereof. The department will attempt to use nonlethal means to capture and identify such animals, when observed in the vicinity of a game farm, except that the department may immediately destroy any such animals that pose a risk to wildlife or to public health or safety. The department may, without notification to area game farmers, use lethal means to control unreported, escaped game farm animals not in the vicinity of a game farm.

(6) Pursuant to 87-4-419 , MCA, a game farm animal becomes the property of the state following the time frames specified in (3).

(7) When a licensee can identify the reason for an ingress or egress the licensee shall take immediate site-specific action to maintain the fence in a game proof condition and prevent future ingress or egress.

(8) The department may seize, capture or destroy game animals that have entered the game farm. The licensee may request that the department conduct disease testing of ingressed game animals at the licensee's expense.

History

Authorizing statute(s): 87-4-419, 87-4-422, MCA
Implementing statute(s): 87-4-419, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1539 Game Farm Records and Reports

(1) The licensee shall maintain records, including records and reports prepared on forms provided by the department and the Department of Livestock, inspection certificates, receipts, invoices, agreements of sale, canceled checks, and bills of sale, in accordance with 87-4-417 , MCA. The licensee shall keep such records on or near the premises of the game farm and shall make the records kept on forms provided by the department and the Department of Livestock available for inspection upon the department's request. The licensee shall declare in the license application the location of the licensee's game farm records and reports and shall notify the department of any changes in their location.

(2) The licensee shall prepare and submit reports on forms provided by the department, unless the department has given written authorization for a different format.

(3) Records and reports must include purchases, sales, escapes, recaptures, boarding, leasing, transfers, slaughters, deaths and births of game farm animals and the sex, animal identification numbers, species (including the identification of hybrids) and ownership of each game farm animal. The licensee shall record purchases, sales, boarding, leasing, transfers and slaughters within ten days of their occurrence.

(4) The licensee shall fill out all records and reports forms accurately and completely and shall certify the accuracy and completeness of the forms. The licensee may not discard pages in the forms provided by the department. The licensee shall return any voided pages to the department.

(5) The licensee shall file the reports prepared pursuant to this rule with the department within two weeks of the reporting periods ending December 31 and June 30 of each year.

(6) Upon license renewal, a licensee may request authorization to submit an annual report (instead of the semiannual reports in (5)) due within two weeks after the reporting period ending on December 31 of each year. The department will approve the request if:

(a) the licensee's prior reports have been accurate and timely, the licensee is in compliance with all game farm statutes and regulations, and the licensee has reported fewer than 20 transactions within the prior year; or

(b) the licensee has no game farm animals and will not have any game farm animals during the license year.

(7) The department may require the licensee to perform a game farm animal census when there are discrepancies in game farm records or reports. The licensee may request the presence of both the department and the Department of Livestock.

(8) Upon the termination, revocation, or surrender (including the failure to renew) of a license, the licensee shall, within ten days of the removal of the game farm animals, submit a final report, including records and reports prepared on forms provided by the department and the Department of Livestock, showing the disposition of the animals.

History

Authorizing statute(s): 87-4-417, 87-4-422, MCA
Implementing statute(s): 87-4-426, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1540 Classification of Prohibited and Restricted Species

(1) The department finds that the following species, hybrids, or viable gametes (ova and semen), are detrimental to existing wildlife and their habitats through nonspecific genetic dilution, habitat degradation or competition caused by feral populations of escaped game farm animals. The following is a list of prohibited species:

(a) In the family Bovidae, all members of the following genera and hybrids thereof:

(i) Subfamily Caprinae:

(A) Rudicapra (chamois);

(B) Hemitragus (tahr);

(D) Ammotragus (Barbary sheep or Aoudad); and

(E) Ovis (only the mouflon species, Ovis musimon );

(ii) Subfamily Hippotraginae:

(A) Oryx (oryx and gemsbok); and

(B) Addax (addax);

(iii) Subfamily Reduncinae:

(A) Redunca (reedbucks);

(b) In the family Cervidae, all of the following species and hybrids thereof:

(i) Red deer ( Cervus elaphus elaphus );

(ii) Axis deer ( Axis axis );

(iii) Rusa deer ( Cervus timorensis );

(iv) Sambar deer ( Cervus unicolor );

(v) Sika deer ( Cervus nippon ); and

(vi) Roe deer ( Capreolus capreolus and Capreolus pygarus );

(d) In the family Tayassuidae, the collared peccary (javelina) ( Tayassu tajacu ) and hybrids thereof.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-424, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1541 Possession of Prohibited Species

(1) The prohibited species in ARM 12.6.1540 and animals classified by the Department of Livestock pursuant to 87-4-424 , MCA, may not be possessed, bred, released, imported, transported, bought, sold, bartered or traded within the state, except as authorized in writing by the department. A person may possess prohibited species for the life of the animals, provided that the person gained possession of the animals prior to May 15, 1992, and the animal is neutered and properly contained. Proof of ownership (including the date of acquisition) and neutering of such animals must be retained on the game farm premises. Prohibited species not legally retained under this rule must, within ten days of notice from the department, be transported out of the state in compliance with the requirements of the Department of Livestock and the game farm rules of the receiving state and federal laws or be destroyed by the owner.

(2) Animals testing positive for elk-red deer hybridization pursuant to ARM 12.6.1542 are subject to the following:

(a) a licensee shall neuter, sterilize, slaughter or sell such animal and its progeny out of the state within six months after the initial determination of a positive test result for elk-red deer hybridization. If the licensee fails to do so, the animal's possession shall be deemed illegal and the department may seize the animal. Any animal testing positive for elk-red deer hybridization must be confined to prevent breeding during the appropriate breeding season as defined in ARM 12.6.1538;

(b) a licensee shall submit proof of neutering or sterilization to the department and the Department of Livestock; and

(c) a licensee shall provide five working days advance written notice to the department and the Department of Livestock before removing any such animal from the licensee's game farm.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-407, 87-4-424, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1542 Elk-Red Deer Hybridization

(1) Licensees shall test all elk born on or prior to December 31, 1999, for elk-red deer hybridization by January 1, 2000.

(2) Licensees shall test all elk born between January 1, 2000, and December 31, 2001, for elk-red deer hybridization by January 1 of the year following the year of birth or when the animal is sold or transported from the game farm, whichever comes first. Game farms that provide documentation to the department verifying that all game farm elk on the facility have been hybrid tested prior to January 1, 1999, may apply for a waiver of the requirement to test offspring born in 2001. To be granted a waiver by the department, a game farm must:

(a) provide a list of all elk on the game farm as of December 31, 1998, and copies of laboratory hybrid test results to the department by March 1, 1999;

(b) provide copies of laboratory hybrid test results to the department for any elk purchased or otherwise acquired on the game farm during 1999;

(3) Licensees shall use tests for elk-red deer hybridization that satisfy the standards of the Department of Livestock in ARM 32.4.402.

(4) Licensees shall provide for the submission of all test results to the Department of Livestock and all positive test results to the department.

(5) If the department determines that the test results obtained pursuant to this rule are conflicting, the department may require the licensee to perform further testing.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-407, 87-4-424, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1543 Confiscation Procedures

(1) The department may seize or confiscate any unlawfully possessed game farm animals, including any game farm animals possessed following the expiration of the period prescribed in (2). The department shall provide notice and opportunity for hearing pursuant to Title 2, chapter 4, parts 6 and 7, of the Montana Administrative Procedure Act, provided that such notice and opportunity for hearing may be provided after the seizure or confiscation, when the department determines that immediate action is necessary to protect public health or wildlife.

(2) Upon revocation or the licensee's surrender of a game farm license (including the failure to renew a license), the licensee shall lawfully dispose of all game farm animals on the game farm within 180 days, or such longer period of time as may be approved by the department. Failure to comply with this time limit may result in confiscation of the game farm animals by the department and/or citations for criminal conduct.

(3) The department will conduct a sale of live game farm animals that are seized or confiscated. The department shall publish notice of the time and place of the sale of live game farm animals in a newspaper of general circulation in Helena and in the department administrative region where the sale will be held. The department will also notify all Montana game farmers licensed for that species. A herd may be sold as a unit or individually at the discretion of the department. Animals offered for sale will be sold to the highest bidder. The department reserves the right to dispose of the game farm animals by other means if no offers are received in the course of sale.

(4) Notwithstanding (3) the department may dispose of live game farm animals that are seized or confiscated by means other than a public sale if the animals may not be legally possessed in Montana or if, in the department's discretion, the estimated costs of the sale will exceed the estimated revenues.

(5) Animals not suitable for live sale must be disposed of in accordance with the procedures outlined in (3) and (4), or, if sale is not feasible, by donation to public or charitable institutions. If the meat is unsuitable for human consumption, it may be disposed of by other means.

(6) The costs of any confiscations or seizures of game farm animals, including holding costs and the costs of advertising and conducting sales, may be charged to the licensee or person in possession of the animals at the time of confiscation or seizure in accordance with 87-4-407 and 87-4-423 , MCA. The costs may be charged directly to the person or withheld from the proceeds received from disposal of the animals.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-407, 87-4-423, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Mont. Admin. R. 12.6.1544 Waivers

(1) The department, in its discretion, may waive any rule if it finds that the rule poses an undue hardship to an individual applicant or licensee and that the waiver will not threaten or adversely affect the health and safety of wildlife, livestock and the public. An applicant or licensee wishing to receive a waiver of a rule must make a written application to the department stating the basis of the request.

History

Authorizing statute(s): 87-4-422, MCA
Implementing statute(s): 87-4-422, MCA
History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

Subchapter 12.6.16 Game Bird Farms

Mont. Admin. R. 12.6.1601 Application for and Renewal of Game Bird Farm License

(1) Application for a game bird farm license shall be made in writing on a form prescribed by the department.

(2) The application shall include a $100 license fee with the initial application.

(3) A game bird farm license may be renewed prior to January 31 upon payment of a fee of $50.

(4) All game bird farm licenses expire on January 31 following the date of issuance.

(5) A game bird farm operator whose license has expired for more than one year will be considered a new applicant and pay the $100 initial application fee accompanied by an initial application form.

(6) The department may not renew a game bird farm license until the licensee has submitted the report described by 87-4-912 , MCA, on forms provided by the department.

History

Authorizing statute(s): 87-4-913, MCA
Implementing statute(s): 87-4-911, MCA
History: NEW, 1984 MAR p. 247, Eff. 1/27/84; AMD, 1996 MAR p. 1839, Eff. 7/4/96; AMD, 2007 MAR p. 1025, Eff. 7/27/07.

Mont. Admin. R. 12.6.1602 Purchase and Sale of Game Birds

(1) No person may purchase live game birds from within the state except from the holder of a current game bird farm license.

(2) Game bird farm operators shall provide proof of purchase to the purchaser in the form of a receipt or, alternatively, the birds may be banded with a leg band approved by the department. The receipt must state the following:

(a) name of the species;

(b) quantity of birds;

(d) name of the game bird farm; and

(e) name of the purchaser and date of purchase.

(3) An authorized purchaser may also purchase live game birds delivered from outside the state under import permits issued by the Department of Livestock.

History

Authorizing statute(s): 87-4-913, MCA
Implementing statute(s): 87-4-902, 87-4-911, MCA
History: NEW, 1984 MAR p. 247, Eff. 1/27/84; AMD, 2001 MAR p. 345, Eff. 2/23/01; AMD, 2007 MAR p. 1025, Eff. 7/27/07; AMD, 2021 MAR p. 172, Eff. 2/13/21.

Mont. Admin. R. 12.6.1603 Fencing

(1) The licensee shall fence or enclose his operation sufficiently to prevent the entry of wild game birds and to prevent the escape of game bird farm birds into the wild.

(2) The fencing enclosures of all game bird farm operations licensed on or before October 1, 1983, are deemed adequate for compliance with this rule.

History

Authorizing statute(s): 87-4-913, MCA
Implementing statute(s): 87-4-911, MCA
History: NEW, 1984 MAR p. 247, Eff. 1/27/84; AMD, 2007 MAR p. 1025, Eff. 7/27/07.

Mont. Admin. R. 12.6.1605 Field Trial on Public Land

(1) An application for a field trial on public land must include the following:

(a) the number and species of captive-reared birds to be used for the trial, if captive-reared birds are being used; and

(b) written consent from the controlling land managing agency.

History

Authorizing statute(s): 87-3-604, MCA
Implementing statute(s): 87-3-603, MCA
History: NEW, 2021 MAR p. 172, Eff. 2/13/21.

Mont. Admin. R. 12.6.1606 Field Trial Permits

(TRANSFERRED)

History

Authorizing statute(s): 87-4-913, MCA
Implementing statute(s): 87-4-915, MCA
History: NEW, 2001 MAR p. 345, Eff. 2/23/01.

Mont. Admin. R. 12.6.1607 Disease Prevention

(1) All captive-reared game birds used for dog training shall be purchased from a licensed Montana game bird farm. Birds purchased from out of state must be from a National Poultry Improvement Plan (NPIP) provider.

History

Authorizing statute(s): 87-3-604, 87-4-913, MCA
Implementing statute(s): 87-3-603, MCA
History: NEW, 2021 MAR p. 172, Eff. 2/13/21.

Mont. Admin. R. 12.6.1608 Proof of Purchase of Captive-Reared Game Birds Used in Dog Training

(1) A person using captive-reared game birds for which a commission-approved hunting season exists for dog training or a field trial shall retain proof of purchase that the birds were legally obtained from a licensed game bird farm as established in 87-4-903, MCA.

(2) Proof shall be in the form of a receipt or, alternatively, the birds may be banded with a leg band approved by the department. The receipt must state the following:

(a) name of the species;

(b) quantity of birds;

(d) name of the game bird farm; and

(e) name of the purchaser and date of purchase.

History

Authorizing statute(s): 87-3-604, 87-4-913, MCA
Implementing statute(s): 87-3-603, MCA
History: NEW, 2021 MAR p. 172, Eff. 2/13/21.

Mont. Admin. R. 12.6.1610 National Poultry Improvement Plan

(1) All captive-reared game birds sold in Montana shall originate from a National Poultry Improvement Plan (NPIP) certified flock.

(2) Game bird farm licensees who maintain a breeding flock over the winter to hatch out offspring for sale and potential release in Montana must be NPIP certified.

(3) Game bird farm licensees who do not maintain a breeding flock over the winter to hatch out offspring for sale must acquire their eggs or chicks from NPIP certified sources.

(4) NPIP certification is obtained through the Montana Department of Livestock.

History

Authorizing statute(s): 87-4-913, MCA
Implementing statute(s): 87-4-906, 87-4-908, MCA
History: NEW, 2007 MAR p. 1025, Eff. 7/27/07; AMD, 2021 MAR p. 172, Eff. 2/13/21.

Subchapter 12.6.17 Fur Farms

Mont. Admin. R. 12.6.1701 Application for and Renewal of Fur Farm License

(1) Application for a fur farm license shall be made in writing on a form prescribed by the Department of Fish, Wildlife and Parks.

(2) The applicant shall include a $25 license fee with the initial application.

(3) A fur farm license may be renewed prior to January 31 upon payment of a fee of $15.

(4) All fur farm licenses expire on January 31 following the date of issuance.

(5) A fur farm operator whose license has expired for more than one year will be considered a new applicant and pay the $25 initial application fee accompanied by an initial application form.

(6) The department may not renew a fur farm license until the licensee has submitted the report described by 87-4-1011 , MCA, on forms provided by the department.

History

Authorizing statute(s): 87-4-1012, MCA
Implementing statute(s): 87-4-1003, MCA
History: NEW, 1984 MAR p. 249, Eff. 1/27/84; AMD, 1996 MAR p. 1839, Eff. 7/4/96.

Mont. Admin. R. 12.6.1702 Purchase and Sale of Furbearers

(1) Live furbearers may be sold only by the holder of a valid fur farm license.

(2) No person may purchase live furbearers from within the state except from the holder of a current fur farm license. This rule does not prohibit the purchase of live furbearers from outside the state.

History

Authorizing statute(s): 87-4-1012, MCA
Implementing statute(s): 87-4-1003, MCA
History: NEW, 1984 MAR p. 249, Eff. 1/27/84.

Mont. Admin. R. 12.6.1703 Fencing

(1) The licensee shall fence or enclose his operation sufficiently to prevent the entry of wild furbearers and to prevent the escape of fur farm animals into the wild. The department, upon request, will provide guidelines to applicants for the construction of minimally adequate facilities.

(2) The fencing enclosures of all fur farm operations licensed on October 1, 1983, are deemed adequate for compliance with this rule.

History

Authorizing statute(s): 87-4-1012, MCA
Implementing statute(s): 87-4-1003, MCA
History: NEW, 1984 MAR p. 249, Eff. 1/27/84.

Subchapter 12.6.18 Migratory Game Bird Avicultural Permits

Mont. Admin. R. 12.6.1801 Definitions

(1) "Avicultural permit" means a migratory game bird avicultural permit issued pursuant to 87-2-807 , MCA.

(2) "Federal migratory game bird regulations" means 50 CFR Parts 20 and 21.

(3) "Federal waterfowl sale and disposal permit" means a waterfowl sale and disposal permit issued pursuant to 50 CFR 21.25 (1985).

(4) "Federal collection permit" means a special purpose permit issued pursuant to 50 CFR 21.27 (1985) for the purpose of authorizing the permit holder to take live migratory game birds or their eggs from the wild.

(5) "Federal banding or marking permit" means a banding or marking permit issued pursuant to 50 CFR 21.22 (1985).

(6) "Migratory game birds" means migratory game birds as defined in 87-2-101 (7), MCA, for which the Fish and Game Commission declared an open hunting season during the previous license year.

History

Authorizing statute(s): 87-2-807, MCA
Implementing statute(s): 87-2-807, MCA
History: NEW, 1986 MAR p. 116, Eff. 1/31/86

Mont. Admin. R. 12.6.1802 Avicultural Permits

(1) An applicant for an avicultural permit must be a Montana resident as defined in section 87-2-102 , MCA and shall apply in writing in accordance with forms prescribed by the department. An application shall be accompanied by a copy of the applicant's current application for a federal waterfowl sale and disposal permit and a $15 fee.

(2) A permit for the taking of live migratory game birds shall be issued only upon approval by the department of a detailed statement describing the reasons why the taking of live birds is requested.

(3) Issuance of avicultural permits shall be based upon:

(a) the number of similar applications;

(b) the demonstrated capability of the applicant to maintain and propagate migratory game birds;

(d) the applicant's past compliance with any conditions and restrictions of previous federal permits or avicultural permits and applicable state and federal migratory game bird regulations.

History

Authorizing statute(s): 87-2-807, MCA
Implementing statute(s): 87-2-807, MCA
History: NEW, 1986 MAR p. 116, Eff. 1/31/86; AMD, 1996 MAR p. 1839, Eff. 7/4/96.

Mont. Admin. R. 12.6.1803 Reporting and Marking

(1) Each holder of an avicultural permit shall file with the department:

(a) within ten days following expiration of the permit a written report stating the number, species, dates and locations of all migratory game birds or eggs taken; and

(b) a copy of each federal report required for each calendar year in which migratory game birds taken under an avicultural permit remain in possession.

(2) All migratory game birds taken or propagated under an avicultural permit shall be permanently marked or identified as specified in the agricultural permit holder's federal banding or marking permit.

History

Authorizing statute(s): 87-2-807, MCA
Implementing statute(s): 87-2-807, MCA
History: NEW, 1986 MAR p. 116, Eff. 1/31/86

Mont. Admin. R. 12.6.1804 Violations

(1) Any violation of the terms of an avicultural permit or a federal permit may at the discretion of the department render the avicultural permit void. Any materially false statement subscribed to in an application for an avicultural permit renders the permit void and is punishable as provided in 87-1-102 , MCA.

History

Authorizing statute(s): 87-2-807, MCA
Implementing statute(s): 87-2-807, MCA
History: NEW, 1986 MAR p. 116, Eff. 1/31/86

Subchapter 12.6.19 Reporting and Tatooing of Bears, Wolves, Tigers, Mountain Lions, and Coyotes Captured or Held in Captivity

Mont. Admin. R. 12.6.1901 Definitions

For purposes of this rule the following definitions apply:

(1) "Bear" means a member of any species of the genus Ursus.

(2) "Coyote" means a member of the species Canis latrans, including any canine hybrid which is one-half or more coyote.

(3) "Mountain lion" means a member of the species Felis concolour.

(4) "Tiger" means a member of the species Felis tigris.

(5) "Wolf" means a member of the species Canis lupus, including any canine hybrid which is one-half or more wolf.

History

Authorizing statute(s): 87-1-231, 87-1-234, MCA
Implementing statute(s): 87-1-231, 87-1-234, MCA
History: NEW, 1986 MAR p. 119, Eff. 1/31/86; AMD, 1996 MAR p. 1839, Eff. 7/4/96.

Mont. Admin. R. 12.6.1903 Tattooing

(1) Except as provided in ARM 12.6.903(5), each animal reported as required by ARM 12.6.1902 shall be permanently tattooed with an identifying number assigned by the department, within 15 days after the assignment of the number.

(2) Assigned numbers shall be tattooed on the inside of the left thigh, 6 inches or less from the abdomen. The tattoo shall be indelible and read from left to right as viewed from the animal's feet. Numbers or letters shall be no less than 3/8 inch in height on coyotes and 1/2 inch in height on bears, mountain lions, tigers and wolves.

(3) The tattoo shall be certified by either a veterinarian or a department employee.

(4) The department may permit ear tags or ear tattoos to be used as permanent identification of animals born and kept in captivity if the owner or breeder certifies to the department that the animals are intended to be slaughtered for their pelage prior to the age of one year. Any animals identified with ear tags or ear tattoos that are not slaughtered prior to the age of one year must be reported and tattooed as provided in ARM 12.6.1902(1) and 12.6.1903(1) respectively.

History

Authorizing statute(s): 87-1-231, 87-1-234, MCA
Implementing statute(s): 87-1-231, 87-1-234, MCA
History: NEW, 1986 MAR p. 119, Eff. 1/31/86; AMD, 1996 MAR p. 1839, Eff. 7/4/96.

Mont. Admin. R. 12.6.1904 Fees

The fee for reports to the department under ARM 12.6.1902 is:

(1) $10 for each animal, except that multiple young born in captivity may be registered as a single animal if the owner or breeder certifies to the department that the animals are intended to be slaughtered for their pelage prior to the age of one year;

(2) If six or more animals (other than multiple young born in captivity) are reported at the same time, $10 each for the first five animals, and thereafter $5 per animal, not to exceed a total of $200.

History

Authorizing statute(s): 87-1-231, 87-1-234, MCA
Implementing statute(s): 87-1-231, 87-1-234, MCA
History: NEW, 1986 MAR p. 119, Eff. 1/31/86.

Subchapter 12.6.20 Crimestoppers Program

Mont. Admin. R. 12.6.2001 Fish and Game Crimestoppers Program Established

(1) There is established in the department a statewide fish and wildlife crimestoppers program in order to assist law enforcement agencies in detecting and combating fish and wildlife-related crimes. The program shall use a toll-free number established for this purpose.

History

Authorizing statute(s): Sec. 87-5-605 MCA
Implementing statute(s): Sec. 87-5-605 MCA
History: NEW, 1986 MAR p. 122, Eff. 1/31/86.

Mont. Admin. R. 12.6.2002 Rewards

(1) Any person, other than employees of the department and their dependents, law enforcement officers and their dependents and persons who committed the reported offense (other than by way of solicitation, conspiracy, or attempt), who gives information through the crimestopper program leading to the arrest of a suspect in a fish or wildlife-related crime may be eligible for a reward under this section.

(2)

(a) The fish and wildlife crimestoppers board shall make recommendations, which shall be acted on by the department, as to whether to give a reward, and the amount of the reward not to exceed $1,000, based on:

(i) the importance of the information;

(ii) the seriousness of the crime;

(iii) the risk to the informant; and

(iv) the value of the informant as a regular, reliable source of information.

(b) The amount of the reward may exceed $1,000 if the informant testifies in court.

(c) If more than one person supplied the information with respect to a crime, the reward may be divided as determined by the board and the department based on the relative importance of the information received from each person.

(d) The board and the department may provide rewards in cooperation with other crimestoppers programs in the event that information provided to another law enforcement agency or program leads to the arrest of a suspect in a fish or wildlife-related crime.

History

Authorizing statute(s): Sec. 87-5-605 MCA
Implementing statute(s): Sec. 87-5-603 and 87-5-605 MCA
History: NEW, 1986 MAR p. 122, Eff. 1/31/86.

Mont. Admin. R. 12.6.2003 Method of Payment

(1) The department shall pay approved rewards in cash using established accounting procedures to ensure that payment is made to the correct person, and an anonymous receipt system.

(2) If a drop is used to pay an approved reward, at least two persons shall witness the drop.

History

Authorizing statute(s): Sec. 87-5-605 MCA
Implementing statute(s): Sec. 87-5-603 and 87-5-605 MCA
History: NEW, 1986 MAR p. 122, Eff. 1/31/86.

Subchapter 12.6.22 Exotic Wildlife

Mont. Admin. R. 12.6.2201 Definitions

The following definitions apply to this subchapter:

(1) "Condition" or "conditions" means specific requirements a person must abide by to receive or retain a permit.

(2) "Controlled species" means a live, exotic wildlife species, subspecies, or hybrid of that species.

(3) "Department" means the Montana Department of Fish, Wildlife and Parks.

(4) "Exotic wildlife" means a wildlife species that is not native to Montana; foreign or introduced.

(5) "Permit" means written authorization issued by the department to possess, sell, purchase, breed, or exchange a controlled or prohibited species in the state of Montana.

(6) "Person" means any individual, corporation, association, firm, joint venture, partnership, municipality, school district or board, agency or political subdivision of the state or state-law-created special or other district.

(7) "Prohibited species" means a live, exotic wildlife species, subspecies, or hybrid of that species, including viable embryos or gametes, that may not be possessed, sold, purchased, exchanged, or transported in Montana, except as provided in 87-5-709, MCA, or this subchapter.

(8) "Noncontrolled species" means a live, exotic wildlife species, subspecies, or hybrid of that species that may be possessed, sold, purchased or exchanged in the state without a permit, except as provided in this subchapter or in Montana statutes or federal statutes. A noncontrolled species may not be released into the wild unless authorized in writing by the department. This definition does not authorize the sale, possession, transportation, importation or exportation of a noncontrolled species in violation of any applicable federal or state statute or regulation or county or city ordinance.

History

Authorizing statute(s): 87-5-704, 87-5-705, 87-5-712, MCA
Implementing statute(s): 87-5-701, 87-5-703, 87-5-705, 87-5-707, 87-5-708, 87-5-709, 87-5-711, 87-5-712, MCA
History: NEW, 2005 MAR p. 814, Eff. 5/27/05; AMD, 2010 MAR p. 2812, Eff. 12/10/10.

Mont. Admin. R. 12.6.2203 Requirements for Care and Housing of Exotic Wildlife

(1) Exotic wildlife held in captivity must be treated in a humane manner and cannot be restrained with a chain, rope, or other holding device except when necessary to provide appropriate care. Facilities for care of captive exotic wildlife must be maintained in a sanitary condition, be large enough to provide room for exercise, be sturdy enough to prevent escape, and provide protection to the public. Food, water, and shelter must be provided in sufficient quantity and quality to maintain the exotic wildlife in a healthy condition.

(2) Specific conditions for the housing of exotic wildlife may be required by the department. Requirements will be consistent with those under 9 CFR, Ch. 1, Part 3 "Standards for Humane Handling, Care, Treatment and Transportation" and consistent with ARM 12.6.1302.

(3) Adequate veterinary care must be provided to identify and minimize the spread of diseases. All exotic wildlife held in captivity must be in compliance with and are subject to the current Compendium of Animal Rabies Prevention and Control.

History

Authorizing statute(s): 87-5-702, 87-5-704, 87-5-705, 87-5-712, MCA
Implementing statute(s): 87-5-705, 87-5-707, 87-5-709, 87-5-711, 87-5-712, MCA
History: NEW, 2006 MAR p. 2823, Eff. 11/10/06; AMD, 2007 MAR p. 1187, Eff. 8/24/07; AMD, 2010 MAR p. 2812, Eff. 12/10/10.

Mont. Admin. R. 12.6.2204 Specific Requirements for Care and Housing of Exotic Wildlife

(1) These specific requirements apply in addition to the general requirements found in ARM 12.6.2203 and any other specific condition that may be found on the permit.

(2) Coho salmon, Onocorhynchus kisutch, and Pacific White Shrimp, Penaeus (Litopenaeus) vannamei, may only be raised for commercial activities.

(a) Coho salmon and Pacific White Shrimp must be raised in a facility that:

(i) holds a corporate surety bond to the state of Montana for $500, conditioned to the effect that the permit holder will not violate the conditions of the permit;

(ii) is indoors and locked with access restricted solely to individuals involved in the operation and maintenance of the facility;

(iii) is not within the 100-year flood;

(iv) is at least 200 feet from any surface water;

(v) does not receive diverted surface water;

(vi) does not have an effluent or discharge of waste or water within 200 feet of surface water including perennial, intermittent, or ephemeral streams or rivers; and

(vii) complies with all other local, state, and federal regulations and permits.

(b) Live fish may not be transferred into or out of the facility.

(d) Fish health screening must be:

(i) consistent with the requirements of ARM 12.7.503 and 12.7.504;

(ii) done annually; and

(iii) reported to the department within 30 days of receipt of results.

(e) Any significant mortality in the facility that occurs as a result of an infectious disease must be reported to the department within 30 days.

(f) Carcasses must either be disposed in a state regulated landfill or in another manner that would not impact state waters or be accessible to wildlife or other animals that might carry carcasses to water.

(g) Imported shrimp must be certified pathogen free.

(3) Goldfish, Carassius auratus, and koi, Cyprinus carpio, may only be held in outdoor ponds registered with the department using a form provided by the department.

(a) Ponds used to hold goldfish and koi:

(i) must not be larger than 400 square feet;

(ii) must not be within the 100-year flood plain;

(iii) must be at least 200 yards from any open water;

(iv) must not receive diverted surface water; and

(v) must not have an effluent or discharge to surface water.

History

Authorizing statute(s): 87-5-702, 87-5-704, 87-5-705, 87-5-712, MCA
Implementing statute(s): 87-5-705, 87-5-707, 87-5-709, 87-5-711, 87-5-712, MCA
History: NEW, 2010 MAR p. 2812, Eff. 12/10/10; AMD, 2015 MAR p. 1272, Eff. 8/28/15.

Mont. Admin. R. 12.6.2205 Exotic Wildlife: List of Noncontrolled Species

(1) The following mammals are classified as noncontrolled species:

(a) African pygmy hedgehog - Atelerix albiventris and Atelerix algirus ;

(b) Degu (bush-tailed rat) - Octodon degus ;

(d) Serval cat - Leptailurus serval ;

(e) Sugar gliders - Petaurus breviceps ;

(f) Two-toed sloth - Choloepus didoctylus;

(g) Wallaby (Bennets) - Macropus rufogriseus ; and

(h) Wallaby (Tammar) - Macropus eugenii .

(2) The following amphibians are classified as noncontrolled species:

(a) Cameroon volcano frog - Xenopus amieti;

(b) Eritrea clawed frog - Xenopus clivii;

(d) Leptodactylidae family.

(3) The following arachnids are classified as noncontrolled species:

(a) Emperor scorpion - Pandinus imperator ; and

(b) Tanzanian redclaw scorpion - Pandinus cavimanus .

(4) The following crustaceans are classified as noncontrolled species:

(a) Terrestrial hermit crabs - Coenobita sp.

History

Authorizing statute(s): 87-5-704, 87-5-705, 87-5-712, MCA
Implementing statute(s): 87-5-707, 87-5-708, 87-5-711, 87-5-712, MCA
History: NEW, 2005 MAR p. 814, Eff. 5/27/05; AMD, 2006 MAR p. 2823, Eff. 11/10/06; AMD, 2007 MAR p. 1187, Eff. 8/24/07; AMD, 2010 MAR p. 741, Eff. 3/26/10.

Mont. Admin. R. 12.6.2208 List of Controlled Species

(1) The following birds are classified as controlled species:

(a) Barbary Falcon – Falco perigrinoides;

(b) Black-Crowned Crane – Balearica pavonina;

(d) Blue Crane – Anthropoides paradiseus;

(e) Brolga – Grus rubicunda;

(f) Buff-banded Rail – Gallirallus philippensis;

(g) Common Crane – Grus grus;

(h) Demoiselle Crane – Anthropoides virgo;

(i) Giant Wood Rail – Aramides ypecaha;

(j) Grey Crowned Crane – Balearica regulorum;

(k) Hooded Crane – Grus monacha;

(l) Red-crowned Crane – Grus japonensis;

(m) Sarus Crane – Grus antigone;

(n) Siberian Crane – Grus leucogeranus;

(o) Taita Falcon – Falco fasciinucha;

(p) Wattled Crane – Grus carunculata;

(q) White-breasted Waterhen – Amaurornis phoenicurus;

(r) White-naped Crane – Grus vipio; and

(s) exotic waterfowl in the family Anatidae.

(2) The following crustaceans are classified as controlled species:

(a) Pacific White Shrimp – Panaeus (Litopenaeus) vannamei.

(3) The following fish are classified as controlled species:

(a) coho salmon – Onocorhynchus kisutch;

(b) goldfish – Carassius auratus (for use in outdoor ponds); and

(4) The following mammals are classified as controlled species:

(a) Caracal cat – Caracal caracal; and

(b) Wallaroo – Macropus robustus.

History

Authorizing statute(s): 87-5-704, 87-5-705, 87-5-712, MCA
Implementing statute(s): 87-5-705, 87-5-707, 87-5-709, 87-5-711, 87-5-712, MCA
History: NEW, 2006 MAR p. 2823, Eff. 11/10/06; AMD, 2008 MAR p. 2179, Eff. 10/10/08; AMD, 2010 MAR p. 2812, Eff. 12/10/10; AMD, 2014 MAR p. 1919, Eff. 8/22/14; AMD, 2015 MAR p. 1272, Eff. 8/28/15; AMD, 2023 MAR p. 210, Eff. 3/11/23.

Mont. Admin. R. 12.6.2210 Controlled Species Permits

(1) A permit is required for all controlled species except those identified in ARM 12.6.2208(2)(b) and (c).

(a) The department shall assess a fee of $25 to obtain or renew a permit to possess a controlled species. The permit must be renewed annually. Renewal is contingent upon submission of the annual fee plus submission of any required reporting of current inventory and any changes to inventory during the preceding year; and

(b) the department shall assess a fee of $100 to obtain or renew a permit to sell, breed, or exchange a controlled species. The permit must be renewed annually. Renewal is contingent upon submission of the annual fee plus submission of any required annual reporting of current inventory and any changes to the inventory during the preceding year.

(2) A controlled species permit must require the permittee:

(a) to provide annual reports on forms provided by the department, unless the department has given written authorization for a different format concerning births, deaths, sales, and purchases of any controlled species;

(b) to provide a viable bio-security plan to control the spread of disease and an emergency response plan to protect emergency personnel and the species involved;

(c) to report the escape of any controlled species to the department within 24 hours of the escape and accept responsibility and liability for recapture costs;

(d) to report any injuries to humans inflicted by the controlled species to local public health officials within 24 hours of infliction of the injury;

(e) to report injuries inflicted by the exotic species on domestic animals to the Department of Livestock within 24 hours of infliction of the injury; and

(f) to report injuries inflicted by the exotic species on Montana wildlife to the department within 24 hours of infliction of the injury.

(3) The department may require additional conditions on a permit to protect Montana's native wildlife and plant species, livestock, horticultural, forestry, agricultural production, and human health and safety. Permit conditions may include, but are not limited to, individual identification of animals. A person must comply with all permit conditions in order to receive or retain a permit. The department may suspend or cancel a permit if the permittee violates or fails to comply with a permit condition or is convicted of violating a federal or state law, or county or city ordinance associated with possession of the exotic wildlife species.

(4) The department may amend, suspend, or cancel a permit if necessary to protect native wildlife, livestock, public health, public safety, or the environment.

(5) The department shall document compliance with conditions, either through inspection by representatives of the department or through affidavit by the permittee prior to possession of the exotic wildlife species in Montana.

(6) A person that displays, exhibits, or uses a controlled species for exhibition or commercial photography or television may import the species into Montana without a controlled species permit if the animal:

(a) is accompanied by evidence of lawful possession;

(b) is not in this state for more than 90 days or a time period authorized by the department;

(c) is maintained under complete control and prohibited from coming into contact with members of the general public unless authorized for such contact by the department. If the person is displaying, exhibiting, or using animals for commercial purposes other than food or fiber, he/she must possess the appropriate license issued by the United States Department of Agriculture; and

(d) is accompanied by an official certificate of veterinary inspection as defined in ARM 32.3.206 "Official Health Certificate" and an entry permit number issued by the Montana Department of Livestock within ten days of entry into Montana.

(7) An interstate shipment of a controlled species may be transported through this state, without a permit or license issued by the department, if:

(a) the shipper or transporter has evidence of lawful possession of the species issued by the state or country where the species originated;

(b) mammals, birds, reptiles, and amphibians are accompanied by a certificate of veterinary inspection issued by an accredited veterinarian in the state or country where the species originated that indicates the destination and origin of the species being transported;

(c) fish are accompanied by a health certificate issued in the state or country where the species originated that indicates the destination and origin of the species being transported; and

(d) the species is not unloaded or otherwise released while being transported through this state.

History

Authorizing statute(s): 87-5-702, 87-5-704, 87-5-705, 87-5-712, MCA
Implementing statute(s): 87-5-705, 87-5-707, 87-5-709, 87-5-711, 87-5-712, MCA
History: NEW, 2005 MAR p. 814, Eff. 5/27/05; AMD, 2006 MAR p. 2823, Eff. 11/10/06; AMD, 2007 MAR p. 1187, Eff. 8/24/07; AMD, 2010 MAR p. 2812, Eff. 12/10/10.

Mont. Admin. R. 12.6.2211 Application for a Permit to Possess a Controlled Species

(1) An applicant may be eligible for a controlled species permit if the applicant:

(a) is at least 18 years of age; and

(b) has not been convicted of any violation of exotic wildlife regulations or any offense involving the illegal commercialization of wildlife within three years of the date of application. Any offense involving cruelty to animals will permanently prohibit a person from obtaining a permit to possess a controlled species animal.

(2) To obtain a controlled species permit a person shall make written application to the department on forms provided by the department. The application must specify:

(a) the applicant's name;

(b) the applicant's date of birth;

(d) the controlled species and the approximate number proposed to be kept or reared at the above address;

(e) the type of facilities the applicant intends to use for confinement of the controlled species, including cage specifications; and

(f) the source from which the applicant intends to acquire the controlled species.

(3) In order for an applicant to receive a permit, the applicant shall agree to comply with all permit conditions.

History

Authorizing statute(s): 87-5-704, 87-5-705, 87-5-712, MCA
Implementing statute(s): 87-5-705, 87-5-707, 87-5-709, 87-5-711, 87-5-712, MCA
History: NEW, 2006 MAR p. 2823, Eff. 11/10/06.

Mont. Admin. R. 12.6.2215 List of Prohibited Species

(1) The following amphibians are classified as prohibited species:

(a) African clawed frog – Xenopus laevis; and

(b) North American bullfrog – Rana catesbeiana.

(2) The following crustaceans are classified as prohibited species:

(a) Rusty crayfish – Orconectes rusticus.

(3) The following fish are classified as prohibited species:

(a) Bighead carp – Hypophthalmichthys nobilis;

(b) Black carp – Mylopharyngodon piceus;

(d) Grass carp – Ctenopharyngodon idella;

(e) Round goby – Neogobius melanostomus;

(f) Silver carp – Hypophthalmichthys molitrix;

(g) Snakehead fish – genera Channa and Parachanna (29 species);

(h) Walking catfish – Clarias batrachus;

(i) White perch – Morone Americana; and

(j) Zander (European pikeperch) – Sander lucioperca.

(4) The following mammals are classified as prohibited species:

(a) African Soft Fur Rat/Natal Rat – Mastomys natalensis/Natal miltimammate mouse;

(b) Aotidae Family (Night and Owl Monkeys);

(d) Atelidae Family (Howlers and Spider Monkeys);

(e) Brush-tailed possum – Trichosurus vulpecula;

(f) Callitrichidae Family (Marmosets and Tamarins);

(g) Cebidae family (new world primates);

(h) Cercopithecidae family (old world monkeys);

(i) Hyaenidae family (hyenas);

(j) Hylobatidae family (gibbons);

(k) Natal Rat/African Soft Fur Rat – Natal miltimammate mouse/Mastomys natalensis;

(l) Nutria – Myocastor coypus;

(m) Pitheciidae Family (Titis and Saki Monkeys);

(n) Pongidae family (apes);

(o) Short-tailed opossum – Monodelphis domestica;

(p) Small spotted genet – Genetta genetta;

(q) Southern flying squirrel – Glaucomys volans;

(r) Transcaspian urial sheep – Ovis aries vignei; and

(s) Virginia opossum – Didelphis virginiana.

(5) The following mollusks are classified as prohibited species:

(a) New Zealand mudsnail – Potamopyrgus antipodarum;

(b) Quagga mussel – Dreissena bugensis; and

(6) The following reptiles are classified as prohibited:

(a) African rock python – Python sebae;

(b) Alligatoridae family;

(d) Boomslang – Dispholidus typus;

(e) Burrowing asps (all species in family Atractaspidae);

(f) Coral snakes (all species in family Elapidae);

(g) Cobras (all species in family Elapidae);

(h) Crocodylidae family;

(i) Green Anaconda – Eunectes marinus;

(j) Indian python (including the Burmese python) – Python molurus;

(k) Kraits (all species in family Elapidae);

(l) Mambas (all species in family Elapidae);

(m) Pit vipers and true vipers (all species in family Viperidae except species indigenous to Montana);

(n) Red-eared slider – Trachemys scripta elegans; and

(o) Reticulated python – Python reticulatus.

(7) The following birds are classified as prohibited:

(a) California quail – Callipepla californica; and

(b) Gambel's quail – Callipepla gambelii.

History

Authorizing statute(s): 87-5-704, 87-5-705, 87-5-712, MCA
Implementing statute(s): 87-5-707, 87-5-708, 87-5-711, 87-5-712, MCA
History: NEW, 2005 MAR p. 814, Eff. 5/27/05; AMD, 2006 MAR p. 2823, Eff. 11/10/06; AMD, 2007 MAR p. 1187, Eff. 8/24/07; AMD, 2008 MAR p. 2179, Eff. 10/10/08; AMD, 2010 MAR p. 2812, Eff. 12/10/10; AMD, 2014 MAR p. 1919, Eff. 8/22/14; AMD, 2015 MAR p. 1272, Eff. 8/28/15; AMD, 2016 MAR p. 2335, Eff. 12/10/16.

Mont. Admin. R. 12.6.2220 Prohibited Species Permits

(1) The department may issue a permit for possession of a prohibited species only to the following:

(a) a zoo or aquarium which is an accredited institutional member of the American Association of Zoological Parks and Aquariums;

(b) a roadside menagerie or zoo licensed by the department;

(c) a business that displays, exhibits, or uses the species for exhibition or commercial photography or television and has a USDA Class C Exhibitor's license if the species:

(i) is accompanied by evidence of lawful possession;

(ii) is not in this state for more than 90 days or a time period authorized by the department;

(iii) is maintained under complete control and prohibited from coming into contact with members of the general public unless authorized for such contact by the department. If the person is displaying, exhibiting, or using animals for commercial purposes other than food or fiber, he/she must possess the appropriate license issued by the United States Department of Agriculture; and

(iv) is accompanied by an official certificate of veterinary inspection as defined in ARM 32.3.206 "Official Health Certificate" and an entry permit number issued by the Montana Department of Livestock within ten days of entry into Montana;

(d) a college, university, or government agency, for scientific or public health research;

(e) any other scientific institution, as determined by the department, for research or medical necessity;

(f) a tax-exempt nonprofit organization licensed by the United States Department of Agriculture that exhibits wildlife solely for educational or scientific purposes;

(g) a person who, due to a medical necessity, has assistance requirements that may be provided by the prohibited species and that requirement is certified by a physician licensed in the state of Montana; or

(h) a rescue facility for exotic wildlife with either national or state agency affiliation engaged in temporary housing of exotic wildlife for the purpose of rescue for relocation.

(2) An interstate shipment of a prohibited species may be transported through this state, without a permit or license issued by the department, if:

(a) the shipper or transporter has evidence of lawful possession of the species issued by the state or country where the species originated;

(c) fish are accompanied by a health certificate issued in the state or country where the species originated that indicates the destination and origin of the species being transported; and

(d) the species is not unloaded or otherwise released while being transported through this state.

(3) The department may amend, suspend, or cancel a permit if necessary to protect native wildlife, livestock, public health, public safety, or the environment.

History

Authorizing statute(s): 87-5-704, 87-5-705, 87-5-712, MCA
Implementing statute(s): 87-5-705, 87-5-707, 87-5-709, 87-5-711, 87-5-712, MCA
History: NEW, 2005 MAR p. 814, Eff. 5/27/05; AMD, 2006 MAR p. 2823, Eff. 11/10/06; AMD, 2008 MAR p. 2179, Eff. 10/10/08.

Mont. Admin. R. 12.6.2225 Determining Exotic Wildlife Classification

(1) The classification review committee described in 87-5-708 , MCA, shall consider petitions for species classification. Any individual, government agency, or interested group may petition the classification review committee to recommend to the commission classification of a species.

(2) The classification review committee must make its recommendations based on the best available information and scientific knowledge of the following:

(a) the environmental impacts caused by the animal if it is released or escapes from captivity, including ecological and economic impacts;

(b) the risk the animal would pose to the health or safety of the public, wildlife, livestock, domestic animals and agriculture; and

(3) Based on recommendations made by the classification review committee, the commission may classify exotic wildlife to either a noncontrolled, controlled, or prohibited list. The commission shall adopt exotic wildlife classifications as administrative rules, amendments, or repeals according to the Montana Administrative Procedure Act.

(4) Species of exotic wildlife may not be imported into Montana unless the following occur:

(a) the exotic wildlife species has been classified by the commission or by listing in state statutes;

(b) the department has issued the required permits for possession of exotic wildlife species classified as noncontrolled, controlled or prohibited; and

(c) the person has obtained authorization for importation from the Department of Livestock pursuant to Title 81, chapter 2, part 7, MCA.

History

Authorizing statute(s): 87-5-704, 87-5-705, 87-5-712, MCA
Implementing statute(s): 87-5-707, 87-5-708, 87-5-711, 87-5-712, MCA
History: NEW, 2005 MAR p. 814, Eff. 5/27/05.

Mont. Admin. R. 12.6.2230 Exotic Wildlife Permit Appeal Process

(1) A person who has been denied a permit, denied renewal of a permit, or whose permit has been suspended or cancelled may appeal the permitting decision in writing to the department's director within 30 days of the date of mailing of the notice of the permitting decision. Persons not appealing within 30 days have waived their right to appeal.

(2) The department's director or the director's designee shall issue a written decision on the appeal. The department director's decision is final.

History

Authorizing statute(s): 87-5-704, 87-5-705, 87-5-712, MCA
Implementing statute(s): 87-5-705, 87-5-707, 87-5-711, 87-5-712, MCA
History: NEW, 2005 MAR p. 814, Eff. 5/27/05.

Subchapter 12.6.23 Aerial Herding Permits

Mont. Admin. R. 12.6.2301 Aerial Herding Permits: Definitions

(1) "Affected property holder" means person other than the permittee who owns, leases or manages land potentially affected by herding activities. This definition also applies to public land management agencies.

(2) "Department" means the department of Fish, Wildlife and Parks.

(3) "Herd", "herding" or "aerial herding" means to use aircraft to move, drive or haze the wild animals specified by the permit.

(4) "Landowner" means person owning or managing privately owned land.

(5) "Permit" means written authorization issued by the department allowing a landowner to use aircraft to herd animals specified in the permit.

(6) "Permittee" means a person holding a permit issued by the department to use aircraft to herd animals specified in the permit.

History

Authorizing statute(s): 87-3-126, MCA
Implementing statute(s): 87-3-126, MCA
History: NEW, 2005 MAR p. 1775, Eff. 9/23/05.

Mont. Admin. R. 12.6.2302 When Aircraft Herding Permits May Be Issued

(1) The department may issue a permit to use aircraft to herd ungulates, including deer, elk, and antelope, to a landowner experiencing crop or private property damage, as long as the conditions in these rules are met.

(2) Permits must be issued for a specific time period, not to exceed one year.

History

Authorizing statute(s): 87-3-126, MCA
Implementing statute(s): 87-3-126, MCA
History: NEW, 2005 MAR p. 1775, Eff. 9/23/05.

Mont. Admin. R. 12.6.2303 When Aerial Herding May Not Occur

(1) Aerial herding authorized by permit may not occur during the following times:

(a) from May 1 through July 15 to protect animals during times of late gestation or early calving/fawning. The department may consider an exception to this date restriction if it determines that conditions at a specific site warrant granting an exception;

(b) during the seven day period prior to the opening date of any legal hunting season for the species being herded under the permit; or

(c) during any legal hunting season for the species being herded under the permit, including any commission sanctioned game damage hunts in the hunting districts where the landowner will use the permit.

History

Authorizing statute(s): 87-3-126, MCA
Implementing statute(s): 87-3-126, MCA
History: NEW, 2005 MAR p. 1775, Eff. 9/23/05.

Mont. Admin. R. 12.6.2304 Applying for Aircraft Herding Permits

(1) A person desiring a permit shall apply to the department enforcement division in Helena which administers the permits.

(2) A completed permit application must include:

(a) a completed permit application form available from the department;

(b) written concurrence from affected property holders required under ARM 12.6.2305; and

(c) any other information requested by the department in sufficient detail to allow the department to evaluate the nature and impact of the herding, including measures the applicant will use to mitigate potential injury or damage to affected property holders and members of the public.

History

Authorizing statute(s): 87-3-126, MCA
Implementing statute(s): 87-3-126, MCA
History: NEW, 2005 MAR p. 1775, Eff. 9/23/05.

Mont. Admin. R. 12.6.2305 Concurrence from Affected Property Holders

(1) If permitted activities will move animals onto, across, or off any lands other than those owned by the permittee, including lands owned by state or federal land management agencies, the permittee shall obtain written concurrence from affected property holders on a form provided by the department.

(2) The written concurrence required in (1) must include the following:

(a) a statement that the affected property holder agrees to the specific actions authorized under the authority of the permit which might affect his or her property;

(b) the type of animals that may be moved;

(d) location of travel routes on the affected property holder's land, depicted on a topographical map, including the locations from which and to which animals may be moved; and

(e) to what extent, if any, the affected property holder may accept civil liability for any damages which may result from the aerial herding of the animals.

History

Authorizing statute(s): 87-3-126, MCA
Implementing statute(s): 87-3-126, MCA
History: NEW, 2005 MAR p. 1775, Eff. 9/23/05.

Mont. Admin. R. 12.6.2306 Report Requirements

(1) In compliance with 16 USCS 742j-1, Federal Airborne Hunting Law, the permittee shall submit written quarterly reports to the department staff indicated on the permit. The reports shall include at a minimum the following information:

(a) date and time of each herding activity;

(b) type and location (section/range/township) of damage to property or crops;

(d) description (section/range/township) of animal's location prior to being moved;

(e) location of travel route, depicted on a topographical map, used by animals while being moved;

(f) known injury to or death of animals being moved; and

(g) any damage to property of affected property holders.

History

Authorizing statute(s): 87-3-126, MCA
Implementing statute(s): 87-3-126, MCA
History: NEW, 2005 MAR p. 1775, Eff. 9/23/05.

Mont. Admin. R. 12.6.2307 Department Notification and Monitoring

(1) The permittee shall notify the department warden or other designated department staff as indicated on the permit prior to herding activities.

(2) Permittee shall allow the department access, upon reasonable notice when possible, to permittee's lands where herding activities may take place or have taken place for monitoring permit compliance.

History

Authorizing statute(s): 87-3-126, MCA
Implementing statute(s): 87-3-126, MCA
History: NEW, 2005 MAR p. 1775, Eff. 9/23/05.

Mont. Admin. R. 12.6.2308 Game Animals Killed or Injured During Aerial Herding

(1) Permittee shall notify the department staff indicated on the permit within six hours of completing any aerial herding that results in the death or injury of any wildlife.

(2) The permittee shall field-dress and provide proper care of carcasses of any wild ungulates that are killed during the course of aerial herding to ensure that the carcass maintains fitness for human consumption until the department can take possession.

(3) Failure to comply with (2) may result in citation under 87-3-102 , MCA, for waste of fish or game.

(4) A permittee who purposely, knowingly, or negligently causes death or injury of wild animals while acting under authorization of an aerial herding permit issued by the department may be held liable under criminal and civil statutes and may be subject to penalties, including monetary restitution as set forth in department sentencing guidelines.

History

Authorizing statute(s): 87-3-126, MCA
Implementing statute(s): 87-3-126, MCA
History: NEW, 2005 MAR p. 1775, Eff. 9/23/05.

Mont. Admin. R. 12.6.2309 Aerial Herding Liability

(1) As acknowledged by the permittee's signature on the permit application form, the permittee assumes all liability for the safe and legal operation of the aircraft under state and federal aircraft regulations, and all liability for any damage or injury to property or persons which may occur as a result of an aerial herding operation exercised under a permit.

History

Authorizing statute(s): 87-3-126, MCA
Implementing statute(s): 87-3-126, MCA
History: NEW, 2005 MAR p. 1775, Eff. 9/23/05.

Mont. Admin. R. 12.6.2310 Permit Denial, Revocation, and Appeal

(1) Permits are issued at the department's discretion.

(2) A permit may be revoked if the permittee fails to comply with the terms of the permit. Revocation shall be communicated in writing between the department and the permittee.

(3) A person who has been denied a permit, denied renewal of a permit, or whose permit has been revoked may appeal this decision to the commission in writing within 30 days of mailing or hand delivery of the notice of the permitting decision. Persons not appealing within 30 days have waived their right to appeal.

(4) The commission shall issue a written decision on the appeal. The commission's decision is final.

History

Authorizing statute(s): 87-3-126, MCA
Implementing statute(s): 87-3-126, MCA
History: NEW, 2005 MAR p. 1775, Eff. 9/23/05.

Chapter 12.7 Fisheries Division

Subchapter 12.7.1 Commercial Fishing Permit

Mont. Admin. R. 12.7.101 Application

(1) Any person desiring to harvest nongame fish from any body of water in the state, or whitefish by nets or traps from the Kootenai River or from its tributaries within one mile of the Kootenai River, for sale or commercial distribution must make written application to the director for a commercial fishing permit upon a form furnished by the department.

(2) The form must be signed by the applicant including mailing address and residence of applicant and stating specifically the waters and species of fish desired for harvest and equipment owned or controlled by applicant.

(3) If an application is approved, applicant must then give a bond to the department in favor of the state of Montana in the sum of $1,000 with corporate surety, conditioned on the faithful carrying out of the provisions of the application and permit. The department will then issue a license describing approved waters, species, seasons, and fishing methods.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-3-204, MCA
History: NEW, 1978 MAR p. 994, Eff. 7/15/78; AMD, 1983 MAR p. 1927, Eff. 12/30/83; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.102 Commercial Fishing Limitations

(1) On any water of the state, except Fort Peck reservoir, commercial fishing will be limited to one operator unless the department determines that additional harvest would be beneficial. Also special regulations regarding gear, limits, seasons, closures, etc., may be imposed on any water. Existing fishermen will receive first priority for retaining present permits. If additional waters are approved for commercial fishing or existing fishermen terminate their operation, the following criteria will be used to select permits for each water:

(a) ability of applicant to provide desired level of harvest;

(b) number of years of commercial fishing under Montana contract or permit;

(d) previous fishing experience;

(e) state of residence.

History

Authorizing statute(s): Secs. 87-1-201, 87-1-301 MCA
Implementing statute(s): Secs. 87-3-204, 87-4-602 MCA
History: NEW, 1978 MAR p. 994, Eff. 7/15/78.

Mont. Admin. R. 12.7.103 Classes of Permits and Fees

(1) Permit fees for a commercial fishing permit and species that may be taken are as follows:

(a) Class A--$500 per year which authorizes the taking of all nongame species designated by the department for commercial purposes;

(b) Class B--$200 per year which authorizes the taking of all nongame species designated by the department except smallmouth buffalo and largemouth buffalo for commercial purposes;

(c) Class X--may be granted for not more than 12 months with no fee required, which authorizes the taking of specific nongame species for commercial purposes on an experimental basis.

(2) The Class X permit must be replaced by a Class A or Class B permit after 12 months' operation unless a renewal is specifically authorized in writing by the commission.

(3) Class X permits may be issued to those persons who desire to determine the feasibility of a commercial fishing operation in waters and for nongame species for which there has been no history of commercial fishing. Criteria for issuance of a Class X permit are:

(a) the method of harvest is new and untried; or

(b) the operation will be carried out in waters which are difficult to run a commercial operation; or

usually handled in the commercial trade.

History

Authorizing statute(s): Secs. 87-1-201, 87-1-301 MCA
Implementing statute(s): Secs. 87-3-204, 87-4-602 MCA
History: NEW, 1978 MAR p. 994, Eff. 7/15/78; AMD, 1979 MAR p. 1487, Eff. 11/30/79.

Mont. Admin. R. 12.7.104 Records

(1) The permittee shall keep written records of all his operations and transactions relating to the taking, sale of, or other disposal of fish. The permittee shall make reports on commercial fishing activities to the director on forms provided by the department. These reports shall be submitted within 30 days following the end of each month.

History

Authorizing statute(s): Secs. 87-1-201, 87-1-301 MCA
Implementing statute(s): Secs. 87-3-204, 87-4-602 MCA
History: NEW, 1978 MAR p. 994, Eff. 7/15/78.

Mont. Admin. R. 12.7.105 Disposal of Fish

(1) All species of fish except those taken as provided in ARM 12.7.103 shall be returned alive and unharmed to the waters from which they came. All dead game fish shall be cut and sunk.

History

Authorizing statute(s): Secs. 87-1-201, 87-1-301 MCA
Implementing statute(s): Secs. 87-3-204, 87-4-602 MCA
History: NEW, 1978 MAR p. 994, Eff. 7/15/78.

Subchapter 12.7.2 Commercial Bait Seining License

Mont. Admin. R. 12.7.201 Application

(1) A commercial bait fish seining license is required for:

(a) the collection of any nongame bait fish, as identified in the current fishing regulations, for the purpose of selling or commercial transportation and distribution; or

(b) the possession of 24 dozen (288) or more nongame bait fish, as identified in the current fishing regulations.

(2) An application for a commercial bait seining license must be submitted on a form provided by the department.

(3) A $10 application fee must be submitted with every application. The application fee will be refunded if the application is denied.

History

Authorizing statute(s): 87-4-609, MCA
Implementing statute(s): 87-4-609, MCA
History: Eff. 12/31/72; AMD, 1982 MAR p. 292, Eff. 2/11/82; AMD, 2016 MAR p. 585, Eff. 4/9/16; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.202 Issuance

(1) The department shall issue a commercial bait seining license upon approval of an application.

(2) The license must specify the terms of the license.

(3) The department will not license any applicant who has ever had a commercial bait seining license revoked.

(4) The director may revoke a license based on sufficient evidence of violation of seining laws, regulations, or terms of the license.

(5) A person may appeal a determination to deny an application or revoke a license. The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA, apply.

History

Authorizing statute(s): 87-4-609, MCA
Implementing statute(s): 87-4-602, 87-4-609, MCA
History: Eff. 12/31/72; AMD, 1982 MAR p. 292, Eff. 2/11/82; AMD, 2016 MAR p. 585, Eff. 4/9/16; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Subchapter 12.7.3 Rearing Fish

Mont. Admin. R. 12.7.301 Raising Fish in Public Waters

(1) It shall be unlawful to use any public water of this state for the purpose of rearing fish in live cages without obtaining prior approval of the director. This regulation shall not apply to minnow buckets, sacks, or nets used temporarily to contain bait fish or legally captured game or nongame fish where there is no periodic feeding involved.

History

Authorizing statute(s): Sec. 87-1-301, MCA
Implementing statute(s): Sec. 87-3-207, MCA
History: Eff. 12/31/72.

Subchapter 12.7.5 Importation

Mont. Admin. R. 12.7.502 Designated Pathogens

(1) Pathogens are classified into categories based on their presence and relative threat to existing state fisheries for purposes of Montana's fish health and importation statutes.

(2) The following pathogens are designated Class A pathogens and pose a substantial threat to the health of state fisheries:

(a) infectious hematopoietic necrosis virus (IHNV);

(b) infectious pancreatic necrosis virus (IPNV);

(d) Oncorhynchus masou virus (OMV);

(e) white sturgeon irido virus (WSIV);

(f) largemouth bass virus (LMBV);

(g) spring viremia of carp virus (SVCV);

(h) koi herpes virus;

(i) infectious salmon anemia virus (ISAV); and

(j) channel catfish virus.

(3) The following pathogens are designated Class B pathogens and may pose a threat to the health of state fisheries:

(a) Bothriocephalus acheilognathi (Asian tapeworm);

(b) Renibacterium salmoninarum (bacterial kidney disease);

(d) Myxobolus cerebralis (salmonid whirling disease);

(e) Heterosporis sp.;

(f) Missouri River sturgeon irido virus (MRSIV);

(g) enteric septicemia of catfish (ESC);

(h) PKX proliferative kidney disease (PKD);

(i) Ceratomyx shasta;

(j) erythrocytic inclusion body syndrome virus (EIBSV);

(k) Edwardsiella ictaluri; and

(l) Nucleospora salmonis.

(4) Based on the availability of new information related to the threat to state fisheries the department will review pathogens designated as Class A and B and will reclassify pathogens as necessary.

(5) The department will review the presence of unlisted pathogens as necessary to determine any risks associated with fish importations. An importation request may be delayed while the department determines the risk of a new pathogen.

History

Authorizing statute(s): 87-3-223, MCA
Implementing statute(s): 87-3-209, 87-3-210, 87-3-221, 87-3-222, 87-3-223, 87-3-224, 87-3-225, 87-3-226, 87-3-227, MCA
History: NEW, 1991 MAR p. 1275, Eff. 7/26/91; AMD, 2014 MAR p. 1922, Eff. 8/22/14.

Mont. Admin. R. 12.7.503 Certification Inspection Procedures

(1) Pathogen certification inspections shall be made using microbiological techniques and procedures as recommended by the most recent edition of the Fish Health Section of the American Fisheries Society "Fish Health Bluebook: Procedures for the Detection and Identification of Certain Fish Pathogens." A copy of this publication may be obtained from the American Fisheries Society.

(2) A surrogate species may be used for pathogen testing and certification purposes when:

(a) the surrogate species is designated by the director and verified by the department as a suitable species for testing;

(b) testing requirements significantly impact the population to be tested, including when population size of sensitive or at-risk species are too small to undergo lethal sampling; and

(c) the surrogate species has similar likelihood of exposure to pathogens and display similar susceptibilities to various pathogens, particularly Class A pathogens listed in ARM 12.7.502.

(3) Surrogate species test results will be considered as they would for the target species.

History

Authorizing statute(s): 87-3-223, MCA
Implementing statute(s): 87-3-209, 87-3-210, 87-3-221, 87-3-222, 87-3-223, 87-3-224, 87-3-225, 87-3-226, 87-3-227, MCA
History: NEW, 1991 MAR p. 1275, Eff. 7/26/91; AMD, 2014 MAR p. 1922, Eff. 8/22/14.

Mont. Admin. R. 12.7.504 Approved Pathologists

(1) Pathogen certifications and inspections shall be conducted by individuals approved by the director. Inspectors or pathologists who benefit from or have a financial interest in the importation may not conduct the inspection. This does not preclude inspectors employed by state or federal agencies from conducting inspections for facilities operated by the employing agency.

History

Authorizing statute(s): 87-3-223, MCA
Implementing statute(s): 87-3-209, 87-3-210, 87-3-221, 87-3-222, 87-3-223, 87-3-224, 87-3-225, 87-3-226, 87-3-227, MCA
History: NEW, 1991 MAR p. 1275, Eff. 7/26/91; AMD, 2014 MAR p. 1922, Eff. 8/22/14.

Mont. Admin. R. 12.7.505 Import Permits

(1) An import permit must be obtained prior to any importation of fish or eggs. A copy of the import permit must accompany the importation.

(2) Application for an import permit must be made by the receiving jurisdiction or by an entity designated by the director and must be received at least 10 working days prior to the date of importation. Applications must be provided to Montana Department of Fish, Wildlife and Parks, Fisheries Division in Helena, Montana.

(3) A permit application must include:

(a) species;

(b) number;

(d) source;

(e) destination;

(f) date and method of shipment;

(g) pathogen certification;

(h) fish health inspection report;

(i) other disease or inspection information the department deems necessary to evaluate the pathogen risk; and

(j) if applicable, private pond license number.

(4) The department may place conditions on an import permit to minimize any risk to the health of existing fisheries.

(5) An import permit will not be issued for fish or eggs that are confirmed positive for Class A pathogens listed in ARM 12.7.502.

(6) The department will determine whether the threat of fish or fish eggs that test positive for Class B pathogens is substantial and whether to issue an import permit based on consideration of one or more of the following:

(a) whether the importation provides a conservation benefit to the state of Montana, including the conservation of a sensitive or at-risk species;

(b) whether another biologically similar alternative source that is free of Class A and Class B pathogens is available;

(d) the overall risk to the health of state fisheries; and

(e) any other factors the department deems necessary.

(7) Live fish exhibiting clinical signs of a disease may not be imported into Montana.

History

Authorizing statute(s): 87-3-223, MCA
Implementing statute(s): 87-3-209, 87-3-210, 87-3-221, 87-3-222, 87-3-223, 87-3-224, 87-3-225, 87-3-226, 87-3-227, MCA
History: NEW, 1991 MAR p. 1275, Eff. 7/26/91; AMD, 2014 MAR p. 1922, Eff. 8/22/14.

Mont. Admin. R. 12.7.506 Shipment Inspections

(1) Import permittees shall agree prior to issuance of the permit and the permit shall specify that the department may inspect shipments of imported fish or eggs at mutually convenient times and locations after entering Montana and prior to release or placement.

(2) When shipments are inspected pursuant to permit conditions or illegal shipments are inspected pursuant to 87-3-224, MCA, the department may order the shipment removed from the state or destroyed in a manner that will not contaminate any waters of the state when:

(a) designated pathogens are found in the shipment;

(b) fish in the shipment have visible symptoms of infectious diseases,

(d) false information was provided on the permit application or required certifications.

History

Authorizing statute(s): Sec. 87-3-223, MCA
Implementing statute(s): Sec. 87-3-209, 87-3-210, 87-3-221, 87-3-222, 87-3-223, 87-3-224, 87-3-225, 87-3-226, 87-3-227, MCA
History: NEW, 1991 MAR p. 1275, Eff. 7/26/91.

Mont. Admin. R. 12.7.507 Hatchery or Culture Facility Inspection, Quarantine, and Disinfection

(1) Upon inspection and discovery that a hatchery or facility is contaminated with designated fish pathogens, the facility or hatchery will be immediately quarantined and no fish will be allowed to leave the hatchery or facility. The quarantine shall allow time for additional testing, assessment of risk, and development of appropriate action.

(2) The owner of the facility may select the second lab required by 87-3-225, MCA, to confirm the infection, but the pathologist conducting the inspection must be certified as provided in ARM 12.7.504. If the second lab is selected by the owner of the facility, the owner shall pay all costs and expenses for the inspection.

(3) During the quarantine and after confirmation by a second laboratory, the department shall conduct a hearing to determine the severity of the disease problem and develop recommendations for appropriate action. The facility owner may offer his own recommendations at the hearing or submit his recommendations to the director along with the recommendations of the department. Based on the hearing, the department shall make recommendations to the director within 15 days of the hearing and the director shall order the action within 10 days of receiving the department's recommendations. As directed by 87-3-225, MCA, this action may include continued quarantine, destruction of infected fish or eggs, or disinfection of all or part of the hatchery or facility.

History

Authorizing statute(s): 87-3-223, MCA
Implementing statute(s): 87-3-209, 87-3-210, 87-3-221, 87-3-222, 87-3-223, 87-3-224, 87-3-225, 87-3-226, 87-3-227, MCA
History: NEW, 1991 MAR p. 1275, Eff. 7/26/91.

Mont. Admin. R. 12.7.540 Permit Required for Importation of Bait Leeches

(1) Bait leeches, Nephelopsis obscura , also called ribbon leeches or mud leeches, may be imported into the state with approval from the department.

(2) Out-of-state bait dealers wanting to ship bait leeches into Montana for use as fish bait, including sales to commercial bait dealers in Montana, shall submit a completed application for a permit to the department on forms provided for this purpose.

(a) the application must include:

(i) information about the source of bait leeches;

(ii) documentation that leeches are not collected from areas known to contain zebra mussels; and

(iii) certification of compliance with requirements in ARM 12.7.541, for importation of bait leeches into Montana;

(b) the department may permit any out-of-state bait dealer that is determined to be in compliance with the requirements of this rule. Additional information may be requested to evaluate the application if necessary.

(3) The department shall keep a list of permitted out-of-state bait dealers. The list of permitted bait leech dealers shall be provided to persons wishing to import bait leeches.

(4) An out-of-state bait dealer shall remain on the permitted list and may sell leeches for importation into Montana unless the dealer is removed from the approved list by the department, or unless the dealer requests to have his or her name removed from the list.

(a) A dealer may be removed from the permitted list at any time it is determined that any of the following has occurred:

(i) the dealer has not complied with the requirements of ARM 12.7.540, 12.7.541, and 12.7.542;

(ii) zebra mussels are discovered in the watershed from which the leeches were collected; or

(iii) it is determined that importation of leeches from this source poses a threat to existing fisheries, native wildlife and plants, or to agricultural production.

(5) The department may deny any request for a permit to ship bait leeches into Montana if the department determines that the source of bait leeches may pose a threat of harm to existing fisheries, native wildlife, plants, or to agricultural production.

History

Authorizing statute(s): 87-5-704, MCA
Implementing statute(s): 87-5-711, MCA
History: NEW, 2000 MAR p. 827, Eff. 3/31/00.

Mont. Admin. R. 12.7.541 Importation of Bait Leeches - Requirements

(1) Bait leeches may be imported into Montana from a permitted out-of-state bait dealer under the following conditions:

(a) leeches must be held in clean well water at the place of collection for a minimum of two days (48 hours) prior to being shipped into Montana;

(b) leeches must be shipped into the state in well water;

(c) authorized bait dealers must notify the department of each shipment of leeches to be sent to Montana. Notification will be made in writing prior to, or at the same time of shipment to Montana. The notification shall be sent to the following address: Montana Department of Fish, Wildlife and Parks, 4801 Giant Springs Road, Great Falls, Montana 59405.

(2) Out-of-state bait dealers shipping bait leeches to Montana must notify the party receiving the leeches in Montana that they must comply with the following conditions:

(a) leeches must be washed in clean water upon arrival in the state;

(b) all water in which leeches are shipped must be disinfected with chlorine, one-fourth cup of bleach for each gallon of water, prior to disposal; and

History

Authorizing statute(s): 87-5-704, MCA
Implementing statute(s): 87-5-713, MCA
History: NEW, 2000 MAR p. 827, Eff. 3/31/00.

Mont. Admin. R. 12.7.542 Shipment Inspections

(1) The department may inspect shipments of imported bait leeches at mutually convenient times and locations prior to removal of leeches from shipping containers.

(2) The department may seize and destroy any shipment of bait leeches when:

(a) unwanted aquatic pests, including zebra mussels, fish pathogens, or parasites are found in the shipment;

(b) bait leeches in the shipment have visible symptoms of infectious disease or parasitic infection;

(c) the shipment is not from a source authorized by the department or is not the species of leeches authorized for importation;

(d) zebra mussels have been found in drainages from which the bait leeches were taken; or

(e) false information was provided in the permit application.

(3) The owner of a shipment of bait leeches that is seized forfeits all rights to the shipment of leeches and shall not be compensated for any loss.

History

Authorizing statute(s): 87-5-704, MCA
Implementing statute(s): 87-5-711, MCA
History: NEW, 2000 MAR p. 827, Eff. 3/31/00.

Subchapter 12.7.6 Private Pond Stocking

Mont. Admin. R. 12.7.603 Definitions

For the purposes of this subchapter, the following definitions apply:

(1) “Adjacent streams or lakes” or “adjacent waters” means any stream, lake, or other body of water which could receive water from the pond due to overflow, breach, release, or other means.

(2) “Appropriate beneficial use” means a purpose of “fisheries” or “fish and wildlife” are included as a beneficial use of the water right.

(3) “Artificial means” includes, but is not limited to, the diversion of water, the excavation and/or placement of fill, and/or addition of membranes or other materials to control the volume of water at a site.

(4) “Associated water right” is a water right as defined in 85-2-102, MCA, that includes an appropriate beneficial use and a reservoir record associated with the legal land description, the surface area, and capacity of the pond to be licensed.

(5) “Floodplain” is the area mapped by the Department of Natural Resources and Conservation as having a 1% annual chance of flooding.

(6) “Instream pond” is a naturally occurring pond not created by artificial means.

(7) “Invasive species” has the meaning provided in 80-7-1003, MCA.

(8) “Lawfully controls” means to control the bed of the pond and all land abutting the shores of the pond through written agreement with the owner.

(9) “Owns” or “owner” means to hold in fee title the bed of the pond and all land abutting the shores of the pond.

(10) “Pathogens” are designated in ARM 12.7.502.

(11) “Tributary spring or stream” is a naturally occurring water source immediately adjacent to or within the pond.

(12) “Unacceptable risk” or “risk of introduction” includes, but is not limited to, a high likelihood of escapement from a private pond to adjacent waters.

History

Authorizing statute(s): 87-4-606, 87-4-607, MCA
Implementing statute(s): 87-4-603, 87-4-606, 87-4-607, MCA
History: NEW, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.604 Application

(1) A private pond license is required for stocking fish in a private pond.

(2) The application fee must be submitted with the application by check or credit card at a regional office, area office, or headquarters prior to the license being issued.

(3) An application fee cannot be refunded once an onsite inspection or environmental assessment has been completed by the department.

History

Authorizing statute(s): 87-4-606, 87-4-607, MCA
Implementing statute(s): 87-4-603, 87-4-606, 87-4-607, MCA
History: NEW, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.605 Issuance

(1) The department may issue a private pond license upon approval of a correct and complete application.

(2) The license must specify the terms and conditions of the license which may include:

(a) the duration of the license;

(b) the timing of license renewal;

(d) the source of the fish to be stocked;

(e) the required construction, implementation, operation, and maintenance of measures or devices to prevent species from escaping into adjacent waters.

(3) The department may revoke a license based on sufficient evidence of violation of the terms and conditions of a license.

(4) A person may appeal a determination by the department to deny an application or revoke a license. The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA, apply.

History

Authorizing statute(s): 87-4-606, 87-4-607, MCA
Implementing statute(s): 87-4-603, 87-4-606, 87-4-607, MCA
History: NEW, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Subchapter 12.7.7 Department and Commercial Fish Planting

Mont. Admin. R. 12.7.701 Authorization for Department and Commercial Fish Planting

(1) The fish species on the following list and those listed in 87-5-714, MCA, may be introduced or transplanted by the department. This includes plants made by the U.S. Fish and Wildlife Service fish hatcheries at the department's request, commercial hatchery stocking of licensed private and commercial ponds when approved by the department, and commercial hatchery stocking of waters on private lands when approved by the department. List of fish species approved:

(2) The commission determines, in accordance with its authority under 87-5-711, MCA, that the department's experiences with and studies of prior fish plantings constitute a scientific investigation as required by 87-5-714, MCA, and the plan required by 87-5-713, MCA. The commission also determines that the species in (1) possess no threat or harm to native wildlife and plants or to agricultural production, and that the transplantation or introduction of the species in (1) have significant benefits to the public.

(3) No state-raised fish shall be planted into any waters of the state where public access for fishing is denied. Fish shall not be placed in stream locations closer than one-half mile from portions of the stream where public access is denied. This restriction does not apply to state-owned access areas.

History

Authorizing statute(s): 87-1-301, 87-5-704, 87-5-711, MCA
Implementing statute(s): 87-3-202, 87-5-704, 87-5-711, 87-5-713, 87-5-714, MCA
History: NEW, 1986 MAR p. 949, Eff. 5/30/86; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Subchapter 12.7.8 Regulation of Fishing Contests

Mont. Admin. R. 12.7.801 Definition

(1) "Fishing contest" is any event where an entry fee is charged or where people are expected to compete with other participants to win prizes or cash based on the capture of an individual fish or combination of fish. Fishing contests involving 30 or fewer people with prizes for cash or merchandise worth $500 or less do not require a permit but must comply with the provisions of this subchapter.

History

Authorizing statute(s): 87-3-121, MCA
Implementing statute(s): 87-3-121, MCA
History: NEW, 1987 MAR p. 1627, Eff. 9/25/87; AMD, 2002 MAR p. 1073, Eff. 4/12/02; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.802 Application

(1) Any individual, club, organization or business wishing to sponsor a fishing contest on a body of water open to public fishing must submit an application to the Department of Fish, Wildlife and Parks as specified in this rule.

(2) Applications must be submitted between September 1 and November 1 for open water contests proposed for the following March 1 through December 1;

(a) applications for benefit fundraising contests received later than November 1 may be accepted.

(3) Applications must be submitted between May 1 and July 1 for ice fishing contests proposed for the following December 1 through March 1;

(a) applications for benefit fundraising contests received later than July 1 may be accepted.

(4) Contest sponsors must provide documentation that they have approval to use each fishing access site not under the ownership or control of the department that is listed in the application.

(5) Contest sponsors are responsible for notifying participants of any public safety concerns associated with the contest.

(6) Contest sponsors are responsible for notifying participants that boats and trailers must be cleaned before and after the contest to prevent transport and introduction of aquatic nuisance species.

History

Authorizing statute(s): 87-3-121, MCA
Implementing statute(s): 87-3-121, MCA
History: NEW, 1987 MAR p. 1627, Eff. 9/25/87; AMD, 2002 MAR p. 1073, Eff. 4/12/02.

Mont. Admin. R. 12.7.803 Evaluation and Recommendation

(1) The department will evaluate the application based on the following criteria:

(a) impacts of the contest on the fish population of the host body of water, the aquatic ecosystem and the immediate area;

(b) compatibility of the contest with fisheries management objectives for the water;

(c) purse or participation limits (limits may or may not be imposed depending upon public comments received or potential conflict with other users) ;

(d) conflicts with other contests proposed for a body of water;

(e) compliance with contest rules, conditions or reporting requirements for previously sponsored contests;

(f) environmental conditions (such as relevant historic high water temperatures) and compatibility of check-in format with successful release of live fish for catch and release contests; and

(g) contest boundaries.

(2) The department will give public notice of all contests and provide an opportunity for public comment on each application.

History

Authorizing statute(s): 87-3-121, MCA
Implementing statute(s): 87-3-121, MCA
History: NEW, 1987 MAR p. 1627, Eff. 9/25/87; AMD, 1995 MAR p. 367, Eff. 3/17/95; AMD, 2002 MAR p. 1073, Eff. 4/12/02.

Mont. Admin. R. 12.7.804 Competing Applications

(1) When two or more contests are proposed on a single body of water the department will approve applications which:

(a) offer the best opportunities for public benefits by furthering knowledge of angling ethics and aquatic ecology;

(b) have been approved historically;

(d) have a good record of compliance.

(2) The department may request that applicants competing for a permit on the same or consecutive weekends resolve conflicts and allocate limited dates among themselves.

History

Authorizing statute(s): 87-3-121, MCA
Implementing statute(s): 87-3-121, MCA
History: NEW, 1987 MAR p. 1627, Eff. 9/25/87; AMD, 1995 MAR p. 367, Eff. 3/17/95; AMD, 2002 MAR p. 1073, Eff. 4/12/02.

Mont. Admin. R. 12.7.805 Department Decision

(1) The department will issue a decision regarding applications no later than February 1 for open water contests or October 1 for ice-fishing contests. The department may approve an application as submitted, approve an application with modifications or deny an application. When an application is approved with modifications, the applicant must respond to the department within 20 days of receipt of the department's written decision if the modifications are unacceptable. Failure to do so will constitute acceptance of the decision.

(2) An application may be denied if in the opinion of the department any of the following are found to exist:

(a) the contest will have detrimental impacts on fish populations, the aquatic ecosystem or the surrounding area;

(b) the contest would conflict with management goals for the host water or waterbodies;

(d) the proposed contest would be held during a period of heavy recreational use on the host body or bodies of water, increasing the likelihood of conflicts with other users; and

(e) there is significant public opposition to the proposed contest based on biological or recreational conflict concerns. Public comments will be provided to the sponsor on request.

(3) Conditions may be placed on contests to:

(a) minimize fish mortality in catch and release contests;

(b) regulate harvest;

(d) require supplemental trash removal, restroom facilities, or other maintenance at department access sites when routine facilities and maintenance are inadequate for the contest.

(4) Contests may not be scheduled and approved for consecutive weekends on any body of water less than 100,000 surface acres in size.

(5) Contests may not be scheduled on holiday weekends, including but not limited to New Year’s Day, Easter, Mother’s Day, Memorial Day, Father’s Day, Fourth of July, Labor Day, Indigenous Peoples’ Day, Columbus Day, Veterans Day.

(6) The department will notify the applicant of its decision by mail. The department shall notify the public with an announcement released to all major state newspapers and through notice published on the department web site.

(7) The applicant or any person supporting or opposing an application may appeal the decision of the department to the commission. An appeal may be made on any grounds or arguments made to the department during the department’s evaluation and consideration of the application. A notice of appeal must be filed with the commission within 20 days of written notice of the department’s decision.

(8) The commission’s decision to approve the application as submitted, to approve the application with modifications, or to deny the application will be made on the above criteria. The commission’s decision is final.

(9) Upon a showing of good cause, the department may waive the application of any rule except where a waiver is precluded by statute.

(10) During approved catch-and-release fishing contest hours, fish caught for contest purposes and released alive by contest participants are not considered part of their daily limit. Contest participants may not have more than the daily limit in their possession at any time. All fish must be released alive at the end of the day unless the fish died as a result of handling during the contest.

History

Authorizing statute(s): 87-3-121, MCA
Implementing statute(s): 87-3-121, MCA
History: NEW, 1987 MAR p. 1627, Eff. 9/25/87; AMD, 1995 MAR p. 367, Eff. 3/17/95; AMD, 2002 MAR p. 1073, Eff. 4/12/02; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.806 Reporting Requirements

(1) Within 30 days after an approved fishing contest, the sponsor shall report to the department information on the success of contest participants on forms provided at the time of contest approval.

History

Authorizing statute(s): 87-3-121, MCA
Implementing statute(s): 87-3-121, MCA
History: NEW, 1987 MAR p. 1627, Eff. 9/25/87; AMD, 2002 MAR p. 1073, Eff. 4/12/02.

Mont. Admin. R. 12.7.807 Prohibited Contests

(1) Contests involving any listed species or species of concern are prohibited except for Yellowstone Cutthroat Trout (Oncorhynchus virginalis bouvieri) or Westslope Cutthroat Trout (Oncorhynchus clarki lewisi) stocked in lakes or reservoirs.

(2) All contests involving wild trout (Salmo oncorhynchus or Salvelinus) in streams or rivers are prohibited.

History

Authorizing statute(s): 87-3-121, MCA
Implementing statute(s): 87-3-121, MCA
History: NEW, 1987 MAR p. 1627, Eff. 9/25/87; AMD, 2002 MAR p. 1894, Eff. 4/12/02; AMD, 2015 MAR p. 929, Eff. 7/17/15; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Subchapter 12.7.9 Sale of Excess Fish Eggs

Mont. Admin. R. 12.7.901 When Eggs Will Be Sold

(1) The department will offer to sell eggs from its brood stock only when the following conditions are met:

(a) the department owns eggs that are surplus to its needs; and

(b) eggs certified to be disease free under the procedures of ARM 12.7.501 are not available from private sources within the state.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-4-609, MCA
History: NEW, 1988 MAR p. 575, Eff. 3/25/88; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.902 Source of Eggs to Be Sold

(1) The department will sell eggs only from its hatchery held stocks. Eggs from natural runs will not be sold.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-4-609, MCA
History: NEW, 1988 MAR p. 575, Eff. 3/25/88; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.903 Buyers' List

(1) Licensed commercial fish pond operators wishing to be notified of egg sales must file with the department their name, email address, and a phone number where they can be reached during normal business hours.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-4-609, MCA
History: NEW, 1988 MAR p. 575, Eff. 3/25/88; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.904 Sales Procedures

(1) When the department determines that the conditions of ARM 12.7.901 have been met, it will notify all licensed commercial fish pond operators on the buyer's list of the number of eggs available.

(2) The department will make no more than two attempts to notify by telephone each buyer on the buyer's list of the availability of surplus eggs.

(3) Following the phone call from the department, the potential buyer has four days within which to submit a bid.

(4) In order to be considered by the department, a bid must be accompanied by a deposit in the form of a certified check, money order, or personal check for ten percent of the bid amount.

(5) If the high bidder declines the eggs or fails to meet other conditions of the sale, the ten percent deposit will be forfeited and the eggs will be offered to the next highest bidder, who will be offered the eggs at their bid price.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-4-609, MCA
History: NEW, 1988 MAR p. 575, Eff. 3/25/88; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.905 Transfer Procedures

(1) Eggs will be released to the operator or their representative upon receipt of bid amount at the state hatchery where the surplus occurs. The state hatchery will provide egg shipping cartons prior to actual transfer. The operator will be required to sign a surplus fish egg sale responsibility disclaimer, which will be provided by the department.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-4-609, MCA
History: NEW, 1988 MAR p. 575, Eff. 3/25/88; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.906 Methods of Payment

(1) Payment is due at time of transfer. Payment can be made with a personal check, a certified check, or a money order. Cash will not be accepted.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-4-609, MCA
History: NEW, 1988 MAR p. 575, Eff. 3/25/88; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Subchapter 12.7.12 Future Fisheries and River Restoration Programs

Mont. Admin. R. 12.7.1201 Purpose

(1) The purpose of these rules is to adopt procedures to implement the functions of the commission and the department in the future fisheries improvement program established in 87-1-272, MCA. The purpose of the program is to restore essential habitats for the growth and propagation of wild fish populations in lakes, rivers, and streams through voluntary means. Funds may be used for long-term enhancement of streams and stream banks, in-stream flows, water leasing, lease or purchase of stored water, or other voluntary programs to enhance wild fish and their habitats.

(2) The purpose of these rules is to administer a river restoration program established in 87-1-257, 87-1-258, and 87-1-259, MCA, along with the future fisheries improvement program.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-1-257, 87-1-258, 87-1-272, 87-1-273, MCA
History: NEW, 1996 MAR p. 153, Eff. 1/12/96; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.1202 Definitions

As used in these rules, the following definitions apply:

(1) "Native fish" means fish species that were present in a given water body prior to the influence of European contact.

(2) "Program" means the Future Fisheries Improvement Program provided for in 87-1-272, MCA, or the River Restoration program provided for in 87-1-257, MCA, as implemented in these rules.

(3) "Restoration" means to restore to a natural or near natural condition.

(4) "Review panel" means the future fisheries improvement review panel.

(5) "Wild fish" means fish populations that sustain themselves through natural reproduction in lakes, reservoirs, rivers, or streams.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-1-257, 87-1-272, 87-1-273, MCA
History: NEW, 1996 MAR p. 153, Eff. 1/12/96; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.1203 Project Application, Ranking, and Approval

(1) Applications for program funding must be submitted on forms supplied by the department.

(2) Applicants proposing projects on lands other than their own must include written consent of the landowner and/or lessee for the project, including an agreement for any maintenance and evaluation activities that may be necessary.

(3) Eligible projects that have been approved by the review panel will be reviewed, evaluated, and ranked by a committee that includes at least two department personnel with a background in fishery biology and an understanding of the habitat requirements of fish and one member of the review panel.

(4) The department will submit a list of recommended projects to the commission for consideration at public hearings conducted as part of regularly scheduled commission meetings. The commission will grant final approval for project funding.

(5) The department and the commission will use the following criteria to evaluate and prioritize projects:

(a) the degree to which the project optimizes public benefits to wild fisheries;

(b) whether the project benefits a native fish species with an emphasis on species of special concern;

(d) the expected benefits of the project relative to cost;

(e) the long-term effectiveness of the restoration;

(f) the level of in-kind services or cost-sharing from other sources.

(6) All applicants will receive written notification of action taken on their project proposals after the commission has made a final decision.

(7) Projects will be approved for funding only if account money is available as requested to complete the projects. Each approved project sponsor must enter into a written agreement with the department.

(8) When deemed necessary, the department will solicit outside technical design review of projects.

(9) No project completed under this program may restrict or interfere with any water rights or property rights of landowners adjacent to projects.

(10) Funds from this account may not be used to acquire any interest in land.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-1-257, 87-1-272, 87-1-273, MCA
History: NEW, 1996 MAR p. 153, Eff. 1/12/96; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.1204 Permits

(1) The project applicant is responsible for obtaining all necessary permits required to complete the project. Permits must be obtained prior to project initiation to qualify for payment of funds.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-1-257, 87-1-272, 87-1-273, MCA
History: NEW, 1996 MAR p. 153, Eff. 1/12/96; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.1205 Inspection and Payment by Department

(1) Funds granted from the account shall be used only for purposes described in the final project agreement. Itemized invoices of expenses and receipts approved by the applicant must be submitted to the department for payment.

(2) Payment may be made in installments for completed work as the project progresses. Upon completion of a project, a final inspection and payment will be made within 45 days by the department. If the department determines after inspection that the project is not complete, final payment shall be withheld pending completion and re-inspection.

(3) Unanticipated expenses of up to 10% of total project costs can be approved by the department.

(4) Additional funding may be available to complete or repair a project if a natural catastrophic event damages or destroys the project while the project is under construction. Requests for additional funding will be evaluated by the department.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-1-257, 87-1-272, 87-1-273, MCA
History: NEW, 1996 MAR p. 153, Eff. 1/12/96; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.1206 Project Maintenance

(1) Projects funded under the program such as fences, bridges, fish screens, or other channel restoration measures will become the property of the landowner. Fish habitat improvement projects such as spawning channel development, fish barrier removal, fish screens, and riparian enhancements must be maintained for the useful life of the project by the applicant.

(2) Projects with demonstrated benefits to public fisheries and conservation of rivers may be eligible for maintenance funding. Maintenance costs of up to 10 percent of total project costs can be approved by the department, or maintenance funding may be requested by submitting an application on a form provided by the department.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-1-257, 87-1-272, 87-1-273, MCA
History: NEW, 1996 MAR p. 153, Eff. 1/12/96; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.1207 Project Monitoring

(1) Restoration projects shall be evaluated by either the applicant or the department according to terms stipulated in the project agreement. Monitoring will be conducted on each completed project at times agreeable to the landowner. The type and frequency of monitoring will be established by the department.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-1-257, 87-1-272, 87-1-273, MCA
History: NEW, 1996 MAR p. 153, Eff. 1/12/96; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Mont. Admin. R. 12.7.1208 Rule Violations

(1) Any person or organization falsifying financial statements or using program funds for purposes other than the intended project will be disqualified from further participation in the program and will be required to reimburse the department for any compensation received.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-1-257, 87-1-272, 87-1-273, MCA
History: NEW, 1996 MAR p. 153, Eff. 1/12/96; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Subchapter 12.7.13 Scientific Collectors Permit

Mont. Admin. R. 12.7.1301 Application Process and Criteria for a Scientific Collectors Permit

(1) The application for a scientific collectors permit must contain the following:

(a) name, address, phone number, affiliation and qualifications of the applicant as well as any associates who will be involved in making collections;

(b) description of supervision provided by the applicant to any associates included on the application;

(c) description of why the collection is necessary, including why collection by angling is not possible within the creel limits by licensed anglers during the regular angling season;

(d) description of the study plan;

(e) description of the collection gear and method or methods of collection;

(f) anticipated species collected, approximate number, location and time frame for collection, and disposition of collected specimens (return to waterbody, preserve for scientific purposes, dispose of in a sanitary manner) ;

(g) special precautions taken to protect threatened and endangered species and species of special concern; and

(h) $50 application fee, except for those exempt under 87-2-806(5) , MCA.

(2) The following are conditions of permits issued:

(a) permits are not transferable;

(b) permits must be in the permittee's possession during collection;

(c) any violation of the conditions of a collectors permit may result in revocation of the permit and repeated violations may result in denial of future permit applications;

(d) all permits issued within a calendar year will expire on December 31;

(e) an annual report describing the results must be submitted to the department no later than March 1 of the following year. The report shall include copies of fish and related habitat field data. A new permit will not be issued until the report from the previous year's work has been submitted and accepted;

(f) data collected during the term of the permit must be compatible with the data fields and structures used in the Montana rivers information system (MRIS) . The MRIS environmental protection agency river reach numbering system will be used as the stream reach identifier and stream reach breaks will be made

in adherence to this system unless variations are approved prior to data collection. The permittee will be provided with all support documents by MRIS staff necessary to maintain this standardization. Training in the MRIS edit/entry will be provided by MRIS staff. This requirement may be waived under certain circumstances;

(g) the regional fish manager must be notified prior to the sampling of any waters in that region. The permittee and associates may be subject to spot checks to determine suitability of collection methods and gear;

(h) permittee shall follow the department's electrofishing guidelines; and

(i) the permittee is required to furnish their own electrofishing or other collection gear.

(3) Applications must be received 45 days prior to scheduled start of sampling.

(4) Under 87-2-806(3) , MCA, the department may deny a permit if:

(a) the applicant is not qualified to make the scientific investigation;

(b) the proposed collecting is not necessary for the proposed scientific investigation;

(d) the proposed collecting may threaten the viability of the species; or

(e) there is no valid reason or need for the proposed scientific investigation.

(5) The department may place special authorizations or special requirements and limitations on any permit as necessary to protect the species to be collected, other species that may be affected, and their habitats, or to preserve the integrity of the scientific collection methods.

(6) Minimum qualifications are as follows:

(a) principal investigator or permittee must have a B.A. or B.S. plus five years experience or a M.S. in fish, wildlife or a related field. Specific training in electrofishing methods is required if it is one of the collection methods proposed in the application; and

(b) students or associates under the supervision of the principal investigator must have specific training in the collection methods proposed in the application.

(7) All of the above provisions apply equally to all applicants whether they are governmental, university or private.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-2-806, MCA
History: NEW, 1996 MAR p. 2171, Eff. 4/26/96.

Subchapter 12.7.14 Cooperative Fishing Access Agreements

Mont. Admin. R. 12.7.1401 Cooperative Fishing Access Agreements

(1) The department may provide benefits to a landowner who enters into a cooperative agreement with the department to allow public fishing access across or on the landowner's property.

(2) In determining whether to enter into a cooperative agreement and the benefits provided under the agreement, the department shall evaluate the public benefit of acquiring access to the site. Priority is given to properties that provide the greatest fishing access for the lowest cost.

(3) Cooperators in the program may receive various benefits, including but not limited to:

(a) payments to offset potential impacts associated with allowing public fishing access on the landowners property;

(b) assistance in the construction and maintenance of roads, fencing, gates, parking areas, and signage to the property; or

(4) Compensation schedules will be set by the department in program guidelines and based on legislative appropriations.

History

Authorizing statute(s): 87-1-285, MCA
Implementing statute(s): 87-1-285, 87-1-286, MCA
History: NEW, 2003 MAR p. 304, Eff. 2/28/03; AMD, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

Subchapter 12.7.15 Unauthorized Placement of Fish

Mont. Admin. R. 12.7.1501 General Purpose

(1) As determined by the department, these rules pertain to the department's response to the detection of a species of fish in public waters where the department has not authorized the presence of that species. These rules are intended to cover all placement of unauthorized species into the public waters, including from outside or inside the state through introduction or transplantation. Unauthorized species refers to any live fish found in public waters without authorization by the department.

(2) Unauthorized fish in public waters is of significant concern and is likely to have many adverse impacts, including but not limited to:

(a) adverse impacts on native, wild and stocked fish populations;

(b) potential to spread disease;

(d) degradation of aquatic habitat;

(e) increased fishery management costs;

(f) loss of angling opportunities and quality; and

(g) harm to local and regional tourism economies.

(3) The department and commission shall make prevention of and response to unauthorized species a priority.

(4) During efforts to respond to unauthorized species, the department will endeavor to protect the previously existing fishery and suppress or eradicate the unauthorized species to maintain the existing management objectives for that fishery.

History

Authorizing statute(s): 87-5-704, MCA
Implementing statute(s): 87-5-701, 87-5-704, 87-5-713, 87-5-715, MCA
History: NEW, 2014 MAR p. 1592, Eff. 7/25/14.

Mont. Admin. R. 12.7.1502 Department's Initial Response and Action Plan

(1) The department shall begin an initial investigation within 30 days after the report of the presence of an unauthorized species in an attempt to confirm that an unauthorized placement has occurred and to estimate the distribution, abundance, age structure, and potential population expansion of the unauthorized species.

(2) The department shall prepare an action plan for responding to an unauthorized species. The action plan will identify the department's immediate and long-term management objectives for the unauthorized species and the management actions that may be implemented to achieve those objectives. The management objectives shall be based on a risk and feasibility assessment, with consideration for the following:

(a) the risk that the unauthorized species could expand into connected or nearby waters;

(b) the current distribution of the unauthorized species and the proximity of those populations to the new placement;

(d) the impact that the unauthorized species might have on the existing fishery, especially threatened or endangered species, native species, game species, and important forage species;

(e) the immediate and long-term impacts that the unauthorized species might have on previously existing angling opportunities; and

(f) the immediate and long-term economic impacts that the unauthorized species might have on the department, the public, and the economy.

(3) To protect existing fisheries, local economies, wildlife enjoyment, and angler opportunities, the department shall attempt eradication or suppression of the unauthorized species if determined to be practical and necessary based on a risk and feasibility assessment, as set forth in this rule.

(4) The department shall attempt to identify and cite any individuals responsible for the unauthorized placement and seek penalties and restitution pursuant to the penalties and fines outlined in law.

History

Authorizing statute(s): 87-5-704, MCA
Implementing statute(s): 87-5-701, 87-5-704, 87-5-713, 87-5-715, MCA
History: NEW, 2014 MAR p. 1592, Eff. 7/25/14.

Mont. Admin. R. 12.7.1503 Management Actions

(1) The department's action plan for responding to a confirmed unauthorized species may include, as determined by the department, the following management actions for eradication or suppression:

(a) prohibit or discontinue stocking the water body if the presence of the unauthorized species reduces the effectiveness of the stocking effort;

(b) prohibit or discontinue stocking of any forage fish species that benefits the unauthorized species;

(i) liberalizing or removing daily angling limits;

(ii) enacting catch-and-release fishing;

(iii) extending or removing the angling season;

(iv) allowing capture methods other than hook and line;

(v) instituting mandatory catch-and-kill regulations; or

(vi) closing the water to all fishing.

(d) deny applications for fishing contests that target the unauthorized species, except in cases where the department determines the contest is an essential tool for suppression or eradication and requires that the contest has catch-and-kill rules;

(e) authorize commercial harvest or economic harvest incentives for the unauthorized species if statutory authority is provided and is prescribed by a management plan;

(f) implement physical control measures to reduce the population of unauthorized species, including:

(i) installation of fish barriers;

(ii) removal using chemical or mechanical methods;

(iii) netting spawning fish;

(iv) habitat manipulation (e.g., reservoir drawdown);

(v) removing illegal species when encountered incidental to other management or survey activities; or

(vi) disturbing spawning areas to reduce survival.

(g) implement angler harvest incentive programs.

History

Authorizing statute(s): 87-5-704, MCA
Implementing statute(s): 87-5-701, 87-5-704, 87-5-713, 87-5-715, MCA
History: NEW, 2014 MAR p. 1592, Eff. 7/25/14.

Mont. Admin. R. 12.7.1504 Adaptive Management Approach for Unauthorized Species

(1) The department may amend its management objectives for a body of water if after a reasonable period of time the department concludes that:

(a) the management actions have succeeded and the department has accomplished the management objectives and that continued implementation of the existing action plan is no longer necessary; or

(b) the management actions have failed to accomplish the management objectives, and that continued implementation of the existing action plan is unlikely to accomplish the desired outcome.

(2) Revisions to the management objectives may prescribe management actions that are more tolerant or less tolerant of the presence of the unauthorized species and must include a rationale for any changes. The department shall report any revisions to the management objectives to the commission.

History

Authorizing statute(s): 87-5-704, MCA
Implementing statute(s): 87-5-701, 87-5-704, 87-5-713, 87-5-715, MCA
History: NEW, 2014 MAR p. 1592, Eff. 7/25/14.

Mont. Admin. R. 12.7.1505 Reporting Requirements

(1) The department shall maintain an electronic repository utilizing a standardized format to document the initial investigation and subsequent management actions taken in response to each unauthorized species.

(2) Documentation must include, but is not limited to:

(a) results of the department's initial investigation to confirm the presence of the unauthorized species and information collected on the distribution, abundance, age structure, and potential population expansion of the unauthorized species;

(b) the action plan for responding to the unauthorized species, including the management objectives and potential management actions;

(d) changes to any action plan taken under the adaptive management approach.

(3) The electronic repository shall be updated on an annual basis to include all new unauthorized species and changes to documentation regarding previously reported unauthorized species.

(4) The electronic repository will be made available to the public.

History

Authorizing statute(s): 87-5-704, MCA
Implementing statute(s): 87-5-701, 87-5-704, 87-5-713, 87-5-715, MCA
History: NEW, 2014 MAR p. 1592, Eff. 7/25/14.

Chapter 12.8 Parks Division

Subchapter 12.8.1 State Park System

Mont. Admin. R. 12.8.102 State Parks

(1) Purpose. To provide high-quality recreation experience distinctive and notable enough to attract people on a state, regional, or national basis.

(2) Description. Open-space areas of unique scenery or other outstanding natural features of an aesthetic, historical, geological, archaeological, or scientific nature. State parks will be selected on the basis of these inherent characteristics without regard to geographic location.

(3) Development and management. Development of roads and desirable facilities will be planned with precise and sensitive regard for all natural features and without impingement upon the visitors' aesthetic and intellectual sensibilities. Management will be directed toward retention of state parks in as near a natural condition as possible, without impairment of ecological features and values.

History

Authorizing statute(s): 23-1-102, MCA
Implementing statute(s): 23-1-102, MCA
History: Eff. 12/31/72.

Mont. Admin. R. 12.8.103 State Recreation Areas

(1) Purpose. To provide a broad selection of outdoor recreation opportunities in a natural setting which may be used by large numbers of people.

(2) Description. Contain natural or artificial resources which provide outdoor recreational opportunities which will attract visitors from beyond the local area. They may be located in areas which have serious deficiencies in public outdoor recreation facilities, provided that state recreation areas should not be furnished in lieu of municipal, county, or federal facilities.

(3) Development and management. Protection of the natural environment and aesthetic qualities should be paramount except development for intensive use may require alteration of the natural environment, although the aesthetic qualities of the areas will be retained to the greatest degree possible by careful planning and construction of facilities.

History

Authorizing statute(s): 23-1-102, MCA
Implementing statute(s): 23-1-102, MCA
History: Eff. 12/31/72; AMD, Eff. 1/13/76.

Mont. Admin. R. 12.8.104 State Monuments

(1) Purpose. To preserve, protect, and enhance objects, features, or places of historical, geological, archaeological, or scientific importance, including commemoration of outstanding persons or events.

(2) Description. Sites of optimum form and size for the protection and enhancement of the objects, features, or places concerned, including adequate space for parking, if appropriate, and other accommodations for anticipated day-use.

(3) Development and management. Standard facilities will be access, parking, sanitation, and water. Other service facilities may be added if required. Overnight camping will ordinarily not be allowed. Development may also include restoration of historical structures, etc., and installation of protective devices. Maximum benefit to visitors may be achieved by providing museums, outdoor dioramas, and other interpretive exhibits.

History

Authorizing statute(s): 23-1-102, MCA
Implementing statute(s): 23-1-102, MCA
History: Eff. 12/31/72.

Mont. Admin. R. 12.8.105 State Recreational Waterways

(1) Purpose. To protect and enhance the natural and historical values of state waterways, and to provide opportunity for enjoyment of these values.

(2) Description. Rivers or streams, generally undeveloped, possessing outstanding scenery or important historical features and susceptible to increasingly heavy recreational use.

(3) Development and management. Accommodations for day-use, camping, floating, fishing, or other recreational activities will be provided. Public areas for lunch stops and overnight camping will be conveniently distributed along the course, allowing leisurely floats from one area to the next in four hours or less. Development will also include wells for drinking water where necessary. Management will primarily involve maintenance of public areas and identification of visitor sites and points of historical or geological interest.

History

Authorizing statute(s): 23-1-102, MCA
Implementing statute(s): 23-1-102, MCA
History: Eff. 12/31/72.

Mont. Admin. R. 12.8.106 State Recreation Roads and Trails

(1) Purpose. To control the use and development of certain Montana roads and trails whose scenic and cultural attributes are of high recreational value warranting formal protection.

(2) Description. Roads or trails along or through high-quality recreational resources where recreational opportunities are dispersed. The roads or trails may be under the control of a private person or other governmental agency or subdivision if there is no conflict in uses, such as a highway with relatively little traffic.

(3) Development and management. Basic user conveniences, informational signing, and access to adjacent recreational opportunities may be appropriately located along the road or trail. Natural environment and aesthetic qualities should be cautiously protected in designation of state recreation roads and trails.

History

Authorizing statute(s): 23-1-102, MCA
Implementing statute(s): 23-1-102, MCA
History: Eff. 12/31/72; AMD, 1977 MAR p. 946, Eff. 11/26/77.

Mont. Admin. R. 12.8.107 State Fishing Access Sites

(1) Purpose. To provide permanent public access to high-quality rivers, streams, and lakes.

(2) Description. Areas adjacent to high-quality fishing waters accessible by an existing or acquired public right-of-way and of adequate size to permit practical use of the waters concerned for fishing and, when appropriate, other water-based recreation.

(3) Development and management. Accommodations will consist of facilities for day-use, and in certain cases, overnight camping. Boat-launching ramps, road-building, and fencing may be necessary. Management will involve proper identification of the site and maintenance of public right-of-way and service facilities.

History

Authorizing statute(s): 23-1-102, MCA
Implementing statute(s): 23-1-102, MCA
History: Eff. 12/31/72.

Subchapter 12.8.3 Recreational Pass

Mont. Admin. R. 12.8.301 Montana State Golden Year's Pass

(1) Use of pass by someone other than the recipient:

(a) The Montana State Golden Year's Pass may be used only by the person to whom the pass is issued.

(b) Any person who camps overnight in a state administered fee camping recreation area, state park, or fishing access site after having entered in a vehicle bearing a Montana Golden Years Pass shall obtain an overnight camping permit if the recipient of the Golden Years Pass is not a passenger or driver of that vehicle.

(2) Replacement of pass and additional purchase:

(a) Any person who has been issued a Montana State Golden Years Pass for display on a vehicle which is subsequently sold or disposed of, or where the decal is otherwise required to be replaced, may be issued a substitute decal upon surrendering the remainder of the original decal to the department or its authorized representative.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-105, MCA
History: NEW, 1977 MAR p. 535, Eff. 9/24/77; AMD, 1980 MAR p. 2901, Eff. 11/15/80; AMD, 1991 MAR p. 1388, Eff. 9/27/91.

Subchapter 12.8.5 Cultural Resources

Mont. Admin. R. 12.8.501 Policy

(1) It is the policy of the department of fish, wildlife, and parks to consider heritage properties and paleontological remains systematically on lands owned or controlled by the department for the purpose of preserving the properties and to avoid, whenever feasible, department actions or department assisted or licensed actions that substantially alter heritage properties or paleontological remains on those lands.

History

Authorizing statute(s): 22-3-424, MCA
Implementing statute(s): 22-3-424, MCA
History: NEW, 1985 MAR p. 1762, Eff. 11/15/85.

Mont. Admin. R. 12.8.502 Definitions

For purposes of this part:

(1) "Department" means the department of fish, wildlife, and parks.

(2) "SHPO" means the state historic preservation office of the Montana historical society.

(3) "Project" means any undertaking, including land disposal, which is likely to alter or affect the attributes of the heritage property which contribute to its heritage value.

History

Authorizing statute(s): 22-3-424, MCA
Implementing statute(s): 22-3-424, MCA
History: NEW, 1985 MAR p. 1762, Eff. 11/15/85; AMD, 1996 MAR p. 1841, Eff. 7/4/96.

Mont. Admin. R. 12.8.503 Time of Review

(1) The department shall initiate the reviews and studies required by this part prior to initiating any undertaking which may result in changes to the surface structures, or other character of the land. The department shall complete its review early enough to be used in formulating the department's decision on the project. Completion of reviews and studies after the department has committed itself to the scope, format, and siting of project will not constitute adherence to these regulations.

(2) At specified stages within the following procedure, SHPO response to the department is required. If the SHPO fails to respond in the times described in this rule, the department may assume that the SHPO agrees with the department position and the department may move forward with the project.

History

Authorizing statute(s): 22-3-424, MCA
Implementing statute(s): 22-3-424, MCA
History: NEW, 1985 MAR p. 1762, Eff. 11/15/85.

Mont. Admin. R. 12.8.504 Responsibility for Compliance

(1) The bureau chief, design and construction bureau, field services division, is cultural resources coordinator and, subject to the director's approval, is responsible for coordinating department communication with the SHPO and for the satisfactory completion of the procedures required by this part.

(2) The administrator of each department division is responsible for assuring compliance with this part when projects involving his division may affect heritage properties on paleontological remains. Each division shall bear routine costs of administration related to compliance with this rule.

History

Authorizing statute(s): Sec. 22-3-424 MCA
Implementing statute(s): Sec. 22-3-424 MCA
History: NEW, 1985 MAR p. 1762, Eff. 11/15/85; AMD, 1988 MAR p. 499, Eff. 3/11/88.

Mont. Admin. R. 12.8.505 Identification of Heritage Properties

The department shall identify all heritage properties that are located on department lands within the area affected by a proposed project. The department shall use the following procedure to determine what known historic, architectural, or prehistoric properties exist within a project area and how unknown or unevaluated resources should be discovered:

(1) If a project involves land on which no structures exist, the department shall provide the SHPO with information on legal location of the proposed project, the nature of previous land use, the slope and vegetation on the ground surface, and, briefly, the nature and scope of the proposed project. If a project would change or remove a building, the department shall provide the SHPO with information on legal location, a photograph of the building(s) , a brief description of the proposed project, and when available, dates of building construction, information on building use and changes to the building over time. If a project would affect both vacant land and buildings, including construction of new buildings adjacent to old buildings, the department shall provide the SHPO with all of the information outlined above.

(2) If a project affects vacant land, the SHPO shall provide the department with information on known historic, architectural, and prehistoric resources in the area, the likelihood of unknown historic, architectural, and prehistoric resources in the area, and whether a previous cultural resource survey has occurred in the impact area. The SHPO shall recommend as to the need for, kind of, and appropriate methods for survey. If a project involves a building, the SHPO shall inform the department about whether any building has been recorded previously or if its historic and architectural value has been assessed. If recordation and evaluation have not occurred, the SHPO shall recommend and describe the historical information, photographs, or description to be used to assess the building. The SHPO shall provide its recommendation to the department within ten working days of the SHPO's receipt of a request for it. Assessment comment period may be extended an additional five working days to a maximum total of 15 working days upon request by SHPO and concurrence by the department.

(3) Upon receipt of the information and recommendations from the SHPO, the department shall determine what additional action is necessary to fulfill its responsibility to identify Montana heritage properties in the project's impact area.

(4) If the department does not follow the SHPO's recommendation, it shall document its decision and justification in the project file. A copy of the documentation will be forwarded to the SHPO.

History

Authorizing statute(s): Sec. 22-3-424 MCA
Implementing statute(s): Sec. 22-3-424 MCA
History: NEW, 1985 MAR p. 1762, Eff. 11/15/85.

Mont. Admin. R. 12.8.506 Evaluation of Heritage Properties

(1) In consultation with the SHPO, the department shall assure that any historic, prehistoric or architectural property identified in a project's area of potential impact has been professionally assessed to determine whether it is a heritage property. That assessment shall include the following:

(a) The department shall seek the SHPO's written assessment of whether the property qualifies as a heritage property.

(b) The SHPO shall provide the department with a written assessment of any site's value as a heritage property within ten working days of receipt of a request for the assessment. Assessment comment period may be extended an additional five working days to a maximum total of 15 working days upon request by SHPO and concurrence by the department.

(2) Any heritage properties identified on land owned or controlled by the department shall be considered for nomination to the National Register of Historic Places.

History

Authorizing statute(s): Sec. 22-3-424 MCA
Implementing statute(s): Sec. 22-3-424 MCA
History: NEW, 1985 MAR p. 1762, Eff. 11/15/85.

Mont. Admin. R. 12.8.507 Avoidance or Mitigation of Project Impacts

(1) If no heritage property exists within project's area of potential impact, the department may proceed with the project. If, during the course of the project, historic or prehistoric properties are identified, the department shall notify the SHPO immediately, provide it with site information, and stop any project work that could harm the property until the SHPO assesses the site's value as a heritage property. The SHPO shall provide its assessment to the department within two working days after receipt of a request for comments. If the site is judged to be a heritage property, the department will follow the procedures identified in subsection (2) of this rule.

(2) If heritage properties exist within the project's area of potential impact, the department shall determine, in writing, whether the project will alter or affect the attributes of the site which contribute to its heritage value and whether such alteration will be substantial. If the department determines that a project will substantially alter attributes of value to heritage properties, it shall prepare a written explanation of why one or more of the actions has been chosen and how it will be carried out:

(a) abandon the proposed project;

(b) modify or redesign the proposed project to avoid or lessen harmful impacts;

(d) undertake the project with no avoidance or mitigation measures.

(3) Upon completion of its assessment of project impact and selection of the proposed action, the department will forward its determination to the SHPO for review and comment.

(4) The SHPO will review and comment on the department's assessment of project impacts and proposed actions within ten working days of receipt of a request for comment.

(5) If, the SHPO does not concur with the department's assessment and proposal the department and the SHPO will, attempt to resolve the difference. If the department and SHPO cannot agree on the SHPO recommendation the department shall decide how to proceed and shall document its decision in writing for the project file. The department shall provide the SHPO with a copy of its final decision.

History

Authorizing statute(s): Sec. 22-3-424 MCA
Implementing statute(s): Sec. 22-3-424 MCA
History: NEW, 1985 MAR p. 1762, Eff. 11/15/85.

Mont. Admin. R. 12.8.508 Paleontological Remains

The department shall follow the procedures described in ARM 12.8.503 through 12.8.505 in assessing the impacts of a project on paleontological remains.

History

Authorizing statute(s): Sec. 22-3-424 MCA
Implementing statute(s): Sec. 22-3-424 MCA
History: NEW, 1985 MAR p. 1762, Eff. 11/15/85.

Mont. Admin. R. 12.8.509 Memorandum of Agreement

(1) For a specific project or for a specific type of project, the department may propose to the SHPO procedures different from those described in ARM 12.8.503 through 12.8.505.

(2) The SHPO will respond to such request within ten working days of receipt of a request.

(3) Procedures agreed to by both the department and the SHPO for a specific project or specific types of projects may be incorporated into a memorandum of agreement, signed by both parties.

History

Authorizing statute(s): Sec. 22-3-424 MCA
Implementing statute(s): Sec. 22-3-424 MCA
History: NEW, 1985 MAR p. 1762, Eff. 11/15/85.

Mont. Admin. R. 12.8.510 Antiquities Permits

The department will not permit anyone to excavate, or remove any heritage property or paleontological remains on lands owned or controlled by the department until the person seeking to excavate or remove materials secures an antiquities permit from the SHPO and the department.

(1) The SHPO will provide the department with its recommendation on whether the permit should be granted based on the requirements of Section 22-3-432 , MCA.

(2) The department shall review the permit based on its management constraints for the site. With the concurrence of the SHPO it will send the permittee an approved permit only if the proposed work will not interfere with department management.

(3) The department may allow surveys of department lands for the purpose of identifying possible heritage property or paleontological remains without requiring the securing of an antiquities permit. Such surveys will not remove or disturb heritage properties or paleontological remains. The results of such surveys will be made available to the department and SHPO.

History

Authorizing statute(s): Sec. 22-3-424 MCA
Implementing statute(s): Sec. 22-3-424 MCA
History: NEW, 1985 MAR p. 1762, Eff. 11/15/85.

Subchapter 12.8.6 Development

Mont. Admin. R. 12.8.601 Purpose

(1) Section 23-1-110 , MCA, requires the commission to adopt rules which will establish a policy on specific procedures for considering improvements or development of state parks and fishing access sites that significantly change park or fishing access site features or use patterns. These rules must consider the wishes of users and the public, the capacity of the site for development, environmental impacts, long-range maintenance, protection of natural features and impacts on tourism.

History

Authorizing statute(s): Sec. 23-1-110 MCA
Implementing statute(s): Sec. 23-1-110 MCA
History: NEW, 1992 MAR p. 2382, Eff. 10/30/92.

Mont. Admin. R. 12.8.602 Development or Improvement

(1) In implementing 23-1-110 , MCA, the commission considers the following improvement or development projects to be those that significantly change park or fishing access site features or use patterns:

(a) new roadways or trails built over undisturbed land;

(b) new buildings constructed (with the exception of vault latrines and other buildings under 100 square feet) ;

(d) new parking lots built over undisturbed land or the expansion of an existing lot that increases the parking capacity by 25% or more;

(e) any new shoreline alteration that exceeds a double wide boat ramp or handicapped fishing station;

(f) any new construction into lakes, reservoirs or streams;

(g) any new construction in an area with National Registry quality cultural artifacts (as determined by the state historical preservation office) ; and,

(h) any new above ground utility lines.

(i) any increase or decrease in campsites of 25% or more of the existing number of campsites.

(2) All proposed improvement or development projects will be evaluated on a case-by-case basis to determine if they would significantly change park or fishing access site features or use patterns, including the cumulative effects of a series of individual projects.

History

Authorizing statute(s): Sec. 23-1-110 MCA
Implementing statute(s): Sec. 23-1-110 MCA
History: NEW, 1992 MAR p. 2382, Eff. 10/30/92.

Mont. Admin. R. 12.8.603 Department Action

(1) All improvement or development projects determined to be significant must comply with the review and report procedures set out in these rules prior to any final decision on their implementation.

History

Authorizing statute(s): Sec. 23-1-110 MCA
Implementing statute(s): Sec. 23-1-110 MCA
History: NEW, 1992 MAR p. 2382, Eff. 10/30/92.

Mont. Admin. R. 12.8.604 Draft Report

(1) A draft report shall be produced prior to the public review which addresses the following items:

(a) the "capacity for development" referred to in 23-1-110 (2) (b) , MCA, which is further defined as the physical capacity of the site to withstand the proposed modifications and shall include the likely impacts on the resource. Specific items to be considered include the site's soil, water, terrain, natural features and all practicable ways to preserve site aesthetics;

(b) the impacts to the physical and human environment;

(d) projected operation and maintenance costs and funding sources over the useful life of the proposed improvements under the following assumptions or conditions:

(i) the life expectancy used in the analysis of the proposed improvements will not exceed 25 years; and

(ii) when sites generate income, that information shall be part of the analysis;

(e) information on the natural, cultural and historic features present on the site;

(f) the impacts, both positive and negative, that the site improvement or development will likely have on tourism where:

(i) tourism is defined as the guidance or management of tourists, who are individuals who make tours for pleasure or education; and,

(ii) site development projects will be sent to the department of commerce with a request for review as to the impacts on the tourism economy;

(g) how the proposed improvement or development project relates to long range department plans;

(h) desires of the public as expressed to the department, including comments received by the department which may be on file or user surveys; and

(i) site specific modifications as they relate to the park or fishing access site system as a whole.

History

Authorizing statute(s): Sec. 23-1-110 MCA
Implementing statute(s): Sec. 23-1-110 MCA
History: NEW, 1992 MAR p. 2382, Eff. 10/30/92.

Mont. Admin. R. 12.8.605 Public Comment

(1) The public notification requirement of 23-1-110 , MCA shall be met by:

(a) Notice describing the proposed modification and comment period shall be published twice in local newspaper, the newspaper of the state capital, and on the state's electronic bulletin board. In addition, a statewide press release shall be sent to the print and broadcast media.

(b) The public notice shall detail the nature of the development or improvements, and state whether the department intends to hold a public meeting. If the department does not intend to hold a public meeting, an opportunity for a public meeting will be granted if requested by any one within the comment period provided in the notice. If such a request is made, notice of public meeting shall be published as provided in (1) (a) .

(i) open houses;

(ii) informal hearings;

(iii) facilitated interactions; or

(iv) department presentations.

(d) The public shall be given the opportunity to submit verbal and written comments during the public meeting and to submit written comments for 30 days following the last publication of the notice provided in (1) (a) .

(e) Mail-in comments shall be addressed to:

Montana Department of Fish, Wildlife and Parks

Design and Construction Bureau

P.O. Box 200701

Helena, Montana 59620-0701

(f) Comments shall be summarized and included in the final report; and

(g) Concerns shall be addressed in the final report without regard to whether they result in modifications of the final project plan.

History

Authorizing statute(s): 23-1-110, MCA
Implementing statute(s): 23-1-110, MCA
History: NEW, 1992 MAR p. 2382, Eff. 10/30/92.

Mont. Admin. R. 12.8.606 Final Report

(1) A final development or improvement report shall be produced and filed in the respective fishery or parks division and available for public review. A copy of the report shall be sent to members of the public who commented and requested a copy of the report.

History

Authorizing statute(s): 23-1-110, MCA
Implementing statute(s): 23-1-110, MCA
History: NEW, 1992 MAR p. 2382, Eff. 10/30/92.

Subchapter 12.8.7 Primitive Fishing Access Sites

Mont. Admin. R. 12.8.701 Designation of Primitive Fishing Access Sites

(1) The department hereby designates certain fishing access sites as "primitive fishing access sites." The primary purpose of a fishing access site (FAS) owned or controlled by the department is to provide public access to public waters. Many of these sites should have a low level of development in keeping with their primary purpose. Therefore, future developments of primitive sites will be commensurate with the department's ability to maintain the sites for the primary purpose of providing access to public waters.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-301, 87-1-605, MCA
History: NEW, 1999 MAR p. 91, Eff. 1/15/99.

Mont. Admin. R. 12.8.702 Primitive Fishing Access Sites in Region 1

(1) The following sites are designated as primitive fishing access sites within Region 1:

(a) Blanchard Lake;

(b) Bootjack Lake;

(d) Horseshoe Lake - Ferndale;

(e) Loon Lake - Ferndale;

(f) McKay Landing;

(g) Skyles Lake;

(h) Swan River.

History

Authorizing statute(s): 23-1-102, MCA
Implementing statute(s): 23-1-102, MCA
History: NEW, 1999 MAR p. 91, Eff. 1/15/99; AMD, 2013 MAR p. 2242, Eff. 11/28/13

Mont. Admin. R. 12.8.703 Primitive Fishing Access Sites in Region 2

(1) The following sites are designated as primitive fishing access sites within Region 2:

(a) Bass Creek;

(b) Cedar Meadows;

(d) Forest Cooper;

(e) K.Ross Toole;

(f) Kohrs Bend;

(g) Marco Flats;

(h) Natural Pier;

(i) Poker Joe;

(j) Schwartz Creek;

(k) Scotty Brown Bridge;

(l) Tamarack Creek;

(m) Turah.

History

Authorizing statute(s): 23-1-102, MCA
Implementing statute(s): 23-1-102, MCA
History: NEW, 1999 MAR p. 91, Eff. 1/15/99; AMD, 2013 MAR p. 2242, Eff. 11/28/13

Mont. Admin. R. 12.8.704 Primitive Fishing Access Sites in Region 3

(1) The following sites are designated as primitive fishing access sites within Region 3:

(a) Alder Bridge;

(b) Blackbird;

(d) Cardwell;

(e) Chicory;

(f) Corrals;

(g) George Grant Memorial;

(h) Greenwood Bottoms;

(i) Grey Owl;

(j) High Bridge;

(k) Highway 89;

(l) Kalsta Bridge;

(m) Kirk Wildlife Refuge;

(n) Kountz Bridge;

(o) Mayflower Bridge;

(p) McAtee Bridge;

(q) Notch Bottom;

(r) Parrot Castle;

(s) Pennington Bridge;

(t) Pine Creek;

(u) Point of Rocks;

(v) Powerhouse;

(w) Queen of the Waters;

(x) Slip & Slide;

(y) Williams Bridge.

History

Authorizing statute(s): 23-1-102, MCA
Implementing statute(s): 23-1-102, MCA
History: NEW, 1999 MAR p. 91, Eff. 1/15/99; AMD, 2013 MAR p. 2242, Eff. 11/28/13

Mont. Admin. R. 12.8.705 Primitive Fishing Access Sites in Region 4

(1) The following sites are designated as primitive fishing access sites within Region 4:

(a) Carroll Trail;

(b) Dearborn;

(d) Eagle Island;

(e) Hardy Bridge;

(f) Lichen Cliff;

(g) Loma Bridge;

(h) Lower Carter Pond;

(i) Prickly Pear;

(j) Spite Hill;

(k) Truly Take-Out;

(l) Upper Carter Pond;

(m) White Bear.

History

Authorizing statute(s): 23-1-102, MCA
Implementing statute(s): 23-1-102, MCA
History: NEW, 1999 MAR p. 91, Eff. 1/15/99; AMD, 2013 MAR p. 2242, Eff. 11/28/13

Mont. Admin. R. 12.8.706 Primitive Fishing Access Sites in Region 5

(1) The following sites are designated as primitive fishing access sites within Region 5:

(a) Absaroka;

(b) Beaver Lodge;

(d) Bull Springs;

(e) East Bridge;

(f) Homestead Isle;

(g) Horsethief Station;

(h) South Hills;

(i) Weymiller.

History

Authorizing statute(s): 23-1-102, MCA
Implementing statute(s): 23-1-102, MCA
History: NEW, 1999 MAR p. 91, Eff. 1/15/99; AMD, 2013 MAR p. 2242, Eff. 11/28/13

Mont. Admin. R. 12.8.707 Primitive Fishing Access Sites in Region 6

(1) The following sites are designated as primitive fishing access sites within Region 6:

(a) Bjornberg Bridge;

(b) Faber Reservoir;

History

Authorizing statute(s): 23-1-102, MCA
Implementing statute(s): 23-1-102, MCA
History: NEW, 1999 MAR p. 91, Eff. 1/15/99; AMD, 2013 MAR p. 2242, Eff. 11/28/13

Mont. Admin. R. 12.8.708 Primitive Fishing Access Sites in Region 7

(1) The following sites are designated as primitive fishing access sites within Region 7:

(a) Broadus Bridge;

(b) Diamond Willow;

(d) Fallon Bridge;

(e) Seven Sisters;

(f) Twelve Mile Dam.

History

Authorizing statute(s): 23-1-102, MCA
Implementing statute(s): 23-1-102, MCA
History: NEW, 1999 MAR p. 91, Eff. 1/15/99; AMD, 2013 MAR p. 2242, Eff. 11/28/13

Mont. Admin. R. 12.8.709 Developments and Improvements Allowed at Fishing Access Sites

(1) The following management and development limitations will be applied to primitive fishing access sites. All new or future developments or improvements for primitive fishing access sites are limited as provided in this rule:

(a) no perimeter fencing unless necessary for the security of the site or to prevent conflicts off the site;

(b) access roads will be maintained in a condition which will prevent the degradation of the site and provide appropriate vehicular passage;

(d) sign designating site and directional sign from the nearest public road and secondary highway;

(e) no latrine unless necessary for health and sanitation reasons as determined by the regional fishing access site manager or the local county sanitarian. Replacement latrines shall be allowed at all sites where latrines presently exist;

(f) no potable water will be developed or provided;

(g) boat ramp development must be limited to a single lane ramp only;

(h) no developed camping or picnic areas;

(i) barriers may be installed or placed to prevent unauthorized off-road travel at the site;

(j) standard regulation, public safety, and interpretive signs may be placed at the site.

History

Authorizing statute(s): 23-1-102, MCA
Implementing statute(s): 23-1-102, MCA
History: NEW, 1999 MAR p. 91, Eff. 1/15/99; AMD, 2013 MAR p. 2242, Eff. 11/28/13

Chapter 12.9 Wildlife Division

Subchapter 12.9.1 Wildlife Management Policies

Mont. Admin. R. 12.9.104 Elk Feeding Policy

(1) Past experience in Montana and elsewhere has shown that artificial feeding of game animals is not a sound game management program - neither economically nor biologically. It is expensive, is not good for the animals, and not good for the range upon which these animals are dependent. It can only be justified under extreme winter conditions which indicate a winter loss of major proportions is imminent.

(a) invite local sportsman's groups to participate in the program;

(b) feed only hay of high quality free from all forms of pollution;

(c) feed hay in sufficient quantity so that at least some hay is left uneaten; (this normally means about 12 pounds per animal per day) ;

(d) feed will be scattered over large areas in an attempt to maintain a normal distribution;

(e) the department will determine feeding areas and only those areas will be utilized; these are wild animals and consideration must be given to the establishment of feeding areas located specifically to avoid harassment.

(2) In the Gallatin River drainage the elk feeding policy for the department is as follows:

(a) for the area in the vicinity of the northwest corner of Yellowstone National Park: encompassed by the drainages of Buffalo Horn Creek, Cinnamon Creek, Wilson Creek, Teepee Creek, Lodgepole Creek, Sawmill Creek, Monument Creek, Sage Creek, and the portion of Taylor Creek below the Taylor Narrows, there will be no feeding, whether hay or other food supplements, of elk.

(b) For the remainder of that portion of the Upper Gallatin Canyon where elk feeding is not excluded by the provisions of subsection (2) (a) , the following guidelines are the elk feeding policy of the department.

(3) Purpose. The purpose of this plan is to establish criteria for the monitoring and evaluation of winter conditions for a portion of the Upper Gallatin elk herd in order to avoid catastrophic losses during a severe winter.

(a) The department is responsible for managing the wildlife on national forest lands in Montana. The forest service, however, has responsibility for the management of wildlife habitat, necessitating the two agencies work closely together in game management within the boundaries of the national forest. Yellowstone national park contains a portion of the Upper Gallatin elk habitat. The three agencies therefore coordinate their responsibilities under a cooperative agreement for the management of the Upper Gallatin elk herd.

(b) In any winter, regardless of severity, natural elk mortality will vary from 1% to 10%. Nature has the ability to recover losses rapidly. The ratio of calves to adult cows may vary from 25% to 60% in a given year. Elk herds have the potential of doubling their size within two years. Nevertheless, a loss in excess of 15% of the total herd could be considered catastrophic, necessitating feeding or other emergency measures.

(4) Objective. The objective of this plan is to establish guidelines for evaluating winter conditions affecting Upper Gallatin elk and the condition of the elk themselves. An additional objective of this plan is to establish guidelines for feeding, should the need arise, that will minimize damage to soil, vegetation, and water while providing for the needs of elk through a crisis period. It is hoped that elk feeding when needed can be achieved through the cooperative efforts of concerned citizens working with the department and the forest service.

(5) Background. Research has shown that once animals are suffering from severe malnutrition, feeding may do no good. Also, once animals have become weak from use of reserve body fat, the animals may not be able to adjust to a change of diet. If feeding is to be done then, it must begin before the animals' condition is so poor that they do not respond. A decision to feed must also recognize the following adverse impact on the environment and the animals:

(a) making healthy animals dependent on artificial feed when they would be better off foraging;

(b) stopping or interrupting natural migration habits;

(c) tending to deplete emergency food reserves in the vicinity of feed grounds; (research has shown that elk will severely browse conifers and shrubs in the immediate vicinity of the feed ground regardless of the amount of hay put out) ;

(d) concentrating animals when their resistance is down, increasing the risk of the spread of any disease or virus present;

(e) decreasing water quality by concentrating animals near open water;

(f) allowing genetically inferior animals to survive, thus interfering with the natural selection process;

(g) changing social behavior patterns may cause problems; for example, if bulls are attracted into cow groups, increased stress may be placed on weaker or smaller animals through fighting and jostling.

(6) Even though late winter storms can be quite severe, usually after a couple of days the snow melts and food becomes available again. Those animals which are too weak to wait out a few days will not be helped by feeding.

As a general rule, artificial feeding will not be started after April 1. To avoid losses from a late spring storm, such as occurred in April, 1975, managers will need to make a thorough analysis of the available feed and animal condition prior to April 1.

(7) Criteria for evaluating winter conditions for the Upper Gallatin elk herd. The department will set up monitoring stations at Taylor Fork and Porcupine to monitor snow depth, icing, and crusting. The following criteria will indicate that feeding may be necessary:

(a) snow depth 20 inches or more with crusts and/or ice forming;

(b) weak adult cows forced to bottom lands along streams and Highway 191;

(d) adult cows not seeking cover after feeding;

(e) emergency food sources not available;

(f) groups of adult cows (not isolated animals) generally in poor condition;

(g) signs of malnutrition in road-kills of adult cows (bone marrow pink, jelly-like, lack of body fat, especially around kidneys) ;

(h) adult cows weak and moving with difficulty through snow cover;

(i) weather outlook for cooler than normal with above normal precipitation forecast.

Note: Since some calf losses are not preventable but are expected most years and since this plan is designed to prevent catastrophic reductions in the elk herd, the criteria for feeding is based on factors affecting the reproductive base (adult cows) only.

Procedure: In the event hay feeding becomes necessary, the following procedure will be followed:

(a) every effort will be made to avoid concentrating animals; hay will be fed where the elk are found, scattered over a wide area and in small amounts;

(b) approximately 3 to 7 pounds of hay per animal is sufficient per feeding;

(d) distribute feed away from streams and highway and emergency food sources, such as willow and dogwood;

(e) scatter feed at the break (or toe) of the slope;

(f) only "certified weed-free" grass hay will be used;

(g) hay will be furnished or approved by the department;

(h) all feeding will be monitored and supervised by the department with assistance of the forest service; the results of any feeding program should be carefully documented for future reference;

(i) feeding will stop when natural feed becomes available or when elk stop using hay, whichever comes first;

(j) the department will obtain a forest service permit for feeding on national forest land.

(8) Responsibility and coordination. The department will be responsible for making the final decision on whether or not to feed hay to elk, and will supervise the procurement and distribution of hay.

(a) The forest service will make the final decision on whether to allow the placing of hay on national forest land for feeding of elk. The location of feeding areas on national forest land must receive prior approval from the forest service. Feeding will not take place inside Yellowstone National Park.

(b) The forest service and department will jointly monitor snow, weather, and animal conditions, with the department having the primary responsibility for monitoring.

(c) If conditions indicate that feeding may be necessary, a thorough analysis of snow and animal conditions will be made by department and forest service personnel. Porcupine and Taylor Fork Creek above the narrows will be checked as a minimum. A joint meeting will be held and the department will decide whether or not to feed and where feeding will be most effective.

(d) Proposed national forest feeding sites will be approved at that time.

(e) The department then may invite private ranchers and organizations to participate and establish a schedule for monitoring the feeding and recording results. Forest service personnel may participate in monitoring the feeding operation.

(9) The elk herds in the Gallatin drainage provide a peculiar problem for management in this state as they move over their normal winter range.

Therefore, when it has been determined that extreme winter conditions exist on department-owned lands, an emergency feeding program may be undertaken and the following regulations shall be policy:

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-1-301, MCA
History: NEW, Eff. 12/31/72; AMD, 1978 MAR p. 1620, Eff. 12/15/78.

Subchapter 12.9.2 Game Preserves

Mont. Admin. R. 12.9.207 Seeley Lake Game Preserve

(1) The Seeley Lake Game Preserve is created as follows: Beginning at a point where forest service land and private land meet next to the Boy Scout Road in section 20, T17N, R15W, east on boundary between forest service and private land, then north on same boundary to section line between section 17 and 20, east on said section line and east on north line of section 21, T17N, R15W to Highway #83, south on Highway #83 to Riverview Drive in section 3, T16N, R15W, west on Riverview Drive to Snowmass Drive in section 9, T16N, R15W, north on Snowmass Drive to section line between sections 4 and 5, T16N, R15W, north on said section line to Clearwater River, north along west shore of Clearwater River, to Boy Scout Road in section 33, T17N, R15W, west and north on Boy Scout Road to where forest service land and private land meet next to Boy Scout Road in section 20, T17N, R15W, the point of beginning.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-305, MCA
History: Eff. 12/31/72; AMD, 1986 MAR p. 668, Eff. 4/25/86.

Mont. Admin. R. 12.9.209 Stillwater Game Preserve

(1) The boundary of the Stillwater Game Preserve is as follows: Starting at a point where East Reserve Drive and the Flathead River join between sections 26 and 35, township 29 north, range 21 west, thence in a westerly direction along the south boundary of Reserve Drive approximately 2-3/4 miles to the east bank of the Whitefish River, thence southerly along said bank of the Whitefish River to its confluence with the Stillwater River, thence up the west bank of the Stillwater River to the east-west centerline of section 6, township 28 north, range 21 west, thence west on this centerline to Highway 93, thence southerly along Highway 93 to the Kalispell city limits, thence along the east Kalispell city limits to the Old Steel Bridge county road at Woodland Park, thence in an easterly direction along the county road to the Flathead River at the Old Steel Bridge, thence northerly up the west bank of the Flathead River to the point of beginning.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-706, MCA
History: Eff. 12/31/72.

Subchapter 12.9.3 Bird Permits

Mont. Admin. R. 12.9.301 Wild Bird Permits

(1) The director of fish, wildlife, and parks may issue a certificate or permit for the taking, capturing, and possession of birds protected under 87-5-201 , MCA, for the purposes herein specified, as follows:

(a) bird banding as part of scientific investigations;

(b) salvage of birds killed in accidents for school or museum collections;

(d) nursing and treatment of sick and injured birds.

(2) No certificate or permit will be issued for the killing of such birds as a means of collection, except as may be authorized under 87-2-806 , MCA, relating to scientific collector's permits.

(3) No certificate or permit shall allow raptors to pass into private ownership.

(4) The director may set standards for determining if the merits of a project justify a certificate or permit being issued. He may limit the species and numbers of birds to be taken as well as the means used in taking or capturing. He may limit the period of possession. He may set a time limit during which the certificate is valid and may require a report of any or all activities conducted pursuant to the certificate or permit.

(5) No fee will be collected in connection with the issuance of such certificate or permit.

History

Authorizing statute(s): 87-1-201, MCA
Implementing statute(s): 87-5-201, MCA
History: NEW, Eff. 8/4/73.

Mont. Admin. R. 12.9.305 Sale of Nonresident Upland Game Bird Licenses

(1) No more than 11,000 class B-1 nonresident upland game bird hunting licenses may be sold each license year.

(2) Nonresident class B-1 upland game bird hunting licenses will be sold on a first come, first served basis.

(3) This rule is effective for the March 1, 2002, license year.

History

Authorizing statute(s): 87-1-301, 87-1-304, 87-2-402, MCA
Implementing statute(s): 87-2-402, MCA
History: NEW, 2001 MAR p. 1321, Eff. 7/20/01.

Subchapter 12.9.4 Transplant of Nuisance Animals Introduction of Peregrine Falcons

Mont. Admin. R. 12.9.401 Definitions

For purposes of this rule the following definition applies:

(1) "Hacking" means the reintroduction of peregrine falcons into their former range by any process to allow natural physical conditioning of eyasses or young birds of prey taken from the nest before they can fly or hatched in captivity. It may, for example, involve the use of a box or other structure suspended on a cliff face and through the top of which food and water are lowered to keep the falcons from associating people with food, until the young birds learn to fly and hunt on their own. It is the process of taking the captive birds or nestlings and facilitating their transition to a wild state using such methods as direct and cross-fostering.

History

Authorizing statute(s): 87-5-704, 87-5-711, MCA
Implementing statute(s): 87-5-704, 87-5-711, MCA
History: NEW, 1986 MAR p. 1462, Eff. 8/29/86.

Mont. Admin. R. 12.9.402 Interpretive Rule

(1) The commission interprets the definition of "natural habitat" to mean that the restrictions posed by 87-5-711 , MCA, et seq. apply only to those habitats in which the species proposed for location do not currently exist.

History

Authorizing statute(s): 87-5-704, 87-5-711, MCA
Implementing statute(s): 87-5-704, 87-5-711, MCA
History: NEW, 1986 MAR p. 1462, Eff. 8/29/86.

Subchapter 12.9.5 Wildlife Habitat Acquisition

Mont. Admin. R. 12.9.508 Mission

(1) These rules establish the policy of the fish, wildlife and parks commission for the acquisition of wildlife habitat by the department of fish, wildlife and parks. This policy is popularly known as Habitat Montana. Habitat Montana is a key tool in achieving the department's mission as stated in the vision document adopted by the commission in November, 1992:

(a) The Montana department of fish, wildlife and parks, and fish, wildlife and parks commission provide for the stewardship of the fish, wildlife, parks and recreational resources of Montana, while contributing to the quality of life for present and future generations.

(2) Through Habitat Montana, the commission and department will establish a statewide wildlife habitat system which will conserve our wildlife resources and pass them intact to future generations.

History

Authorizing statute(s): Sec. 87-1-241 MCA
Implementing statute(s): Sec. 87-1-241, 87-1-242 MCA
History: NEW, 1994 MAR p. 3095, Eff. 12/9/94.

Mont. Admin. R. 12.9.509 Goals

(1) The goals for Habitat Montana are:

(a) conservation of Montana's wildlife populations and natural communities via management strategies that keep them intact and viable for present and future generations; maintain wildlife population levels that sustain or enhance current recreational opportunities; and maintain diverse geographic distribution of native wildlife populations and their habitats;

(b) conservation of Montana's land and water resources in adequate quantity and quality to sustain ecological systems;

(c) implementation of habitat management systems that are compatible with and minimize conflicts between wildlife values and traditional agricultural, economic and cultural values. Habitat Montana will enhance Montana's quality of life and be compatible with the conservation of soil, water and existing biological communities.

History

Authorizing statute(s): Sec. 87-1-241 MCA
Implementing statute(s): Sec. 87-1-241, 87-1-242 MCA
History: NEW, 1994 MAR p. 3095, Eff. 12/9/94.

Mont. Admin. R. 12.9.510 Benefits

(1) The commission intends Habitat Montana to deliver the following services and benefits:

(a) conserve and enhance land, water and wildlife;

(b) contribute to hunting and fishing opportunities;

(d) contribute to non-hunting recreation;

(e) protect open space and scenic areas;

(f) promote habitat-friendly agriculture; and

(g) maintain the local tax base, through payments in lieu of taxes for real estate, while demonstrating that productive wildlife habitat is compatible with agriculture and other land uses.

History

Authorizing statute(s): Sec. 87-1-241 MCA
Implementing statute(s): Sec. 87-1-241, 87-1-242 MCA
History: NEW, 1994 MAR p. 3095, Eff. 12/9/94.

Mont. Admin. R. 12.9.511 Application

(1) While this Habitat Montana policy specifically relates to funds acquired under 87-1-241 and 87-1-242, MCA, the Montana fish, wildlife and parks commission directs that these guidelines also apply, where appropriate, to all of the department's wildlife habitat acquisition programs. These include:

(a) moose and bighorn sheep habitat acquired with license auction funds;

(b) properties acquired in mitigation for habitat lost as a result of construction projects conducted by the Bonneville power administration and other agencies;

History

Authorizing statute(s): Sec. 87-1-241 MCA
Implementing statute(s): Sec. 87-1-241, 87-1-242 MCA
History: NEW, 1994 MAR p. 3095, Eff. 12/9/94.

Mont. Admin. R. 12.9.512 Implementation

(1) The commission directs the department to complete a comprehensive statewide habitat plan and to execute that plan within the following parameters:

(a) The department will identify specific staff responsible for implementation of Habitat Montana and establish procedures for accomplishing program goals.

(b) The department will develop draft criteria for identifying important habitats that are seriously threatened. The commission will adopt these criteria through a process that includes public review and comment.

(c) Utilizing the natural heritage database and information from other government agencies and cooperators, the department will identify habitat protection priorities within each eco-region. This analysis will recognize the contribution of habitat protected by other agencies and organizations. Regional habitat priorities will then be compiled into a consolidated statewide plan.

(d) The department will develop uniform guidelines for the preparation of site-specific management plans. These criteria will be applicable to management of lands in which the department acquires an interest and to cooperative habitat projects located on lands in other ownership.

(e) Prior to acquiring any interest in land for the primary purpose of securing wildlife habitat, the department will comply with the requirements of 87-1-241, MCA, by conducting an environmental assessment analyzing:

(i) the wildlife populations and use currently associated with the property;

(ii) the potential value of the land for protection, preservation, and propagation of wildlife;

(iii) management goals proposed for the land and wildlife populations and, where feasible, any additional uses of the land such as livestock grazing or timber harvest;

(iv) any potential impacts to adjacent private land resulting from proposed management goals and plans to address such impacts;

(v) any significant potential social and economic impacts to affected local governments and the state, including but not limited to impacts on:

(A) tax revenue available for the operation of taxing jurisdictions within the county;

(B) services required to be provided by local governments;

(D) local schools; and

(E) private businesses supplying goods and services to the community.

(vi) a land maintenance program to control weeds and maintain roads and fences; and

(vii) any other matter considered necessary or appropriate by the commission.

(f) The department will develop monitoring and evaluation systems to track program success as well as the public's changing desires.

(g) It is preferable to acquire interests in habitat through conservation easement or lease. However, the legislature has acknowledged that the willing seller will determine the manner by which such interest is obtained and thus has provided for acquisition by fee title as well. The most effective use of capital and operational funds must be determined on a case by case basis. The commission encourages the department to utilize other methods such as land exchanges, conservation buyers and easement exchanges to meet the habitat Montana program objectives.

(h) The department will use certified appraisals or other appropriate analysis performed by department staff to determine the value of land or interest in land to be acquired.

(i) Funds for wildlife habitat acquisition shall be invested in habitat in a timely manner, as accrued.

(j) In some cases the mission of habitat Montana may be most efficiently accomplished through actions of non-profit organizations, landowners, other government agencies, or through partnerships with such entities. To gain the greatest value from partnership opportunities, the department will establish procedures for working cooperatively and non-competitively with them.

(k) The department will establish procedures to account for habitat Montana income and expenditures through the state accounting, budget, human resource system (SABHRS) . In addition to project expenditures for which accounting reports are currently available, the department will account for administrative costs associated with implementation of this policy.

(l) The commission directs the department to emphasize continuing communication with the legislature, state land board and the public to maintain awareness of, and support for, habitat Montana.

(m) The commission expects to adopt a comprehensive statewide habitat plan, incorporating each of the above elements, prior to October, 1994. The review process for this draft plan will include a public comment period of at least 60 days in length. (History: 87-1-241, MCA; IMP , 87-1-241, 87-1-242, MCA; NEW , 1994 MAR p. 3095, Eff. 12/9/94.)

History

Authorizing statute(s): 87-1-241, MCA
Implementing statute(s): 87-1-241, 87-1-242, MCA
History: NEW, 1994 MAR p. 3095, Eff. 12/9/94.

Subchapter 12.9.6 Upland Game Bird Release Program

Mont. Admin. R. 12.9.601 Department Authorization of Projects

(1) The department may authorize organizations or individuals to participate in the upland game bird release program following the submission of a written application describing the proposed project on forms provided by the department and a review of that application. All applications must include the following information:

(a) name of the organization or individual applying;

(b) name of the person in charge of the organization's proposed upland game bird release project;

(d) the applicant's current telephone number;

(e) the legal description of the release site;

(f) clear evidence of either ownership of the release site or landowner permission if the release site is not owned by the applicant;

(g) specific cover types and their percentages shall be provided with a habitat map or be delineated on a habitat map, natural resource conservation service (NRCS) conservation plan, or aerial photo covering the land on which the birds are to be released;

(h) the number of acres at the release site; and

(i) any other information deemed relevant by the department which is included on the project application form.

History

Authorizing statute(s): 87-1-249, MCA
Implementing statute(s): 87-1-248, MCA
History: NEW, 1988 MAR p. 720, Eff. 4/15/88; AMD, 2001 MAR p. 1725, Eff. 9/7/01.

Mont. Admin. R. 12.9.602 Requirements of Projects Involving Pheasant Releases

(1) The department will not authorize participation in the upland game bird release program for pheasants unless the proposed project meets the following requirements:

(a) all birds must be at least ten weeks of age at the time of release;

(b) no more than 40% of the birds released may be cocks;

(c) all birds must be fully feathered, appear healthy, uninjured, and have the ability for flight at the time of the release;

(d) applications for releases must be postmarked by January 15, and all releases must be made between August 1 and September 15;

(e) groups or individuals releasing birds on property they do not own must provide the department with written documentation from the landowner giving permission for the release, acknowledging the requirements of allowing free public hunting, and notifying the department whom payment should be made;

(f) releases may not be made in Fergus, Richland, or Roosevelt counties in order to provide a potential basis for evaluating the success of the program;

(g) all releases must be on land open to public hunting without the imposition of any monetary charge for such hunting privilege during the year of release. Release sites may be subject to use limitations but no fee may be charged in connection with the privilege to hunt on any release site;

(h) all release sites should contain a minimum of 160 contiguous acres under the ownership of the applicant or the person authorizing release. Release sites as small as 80 contiguous acres will be considered on a case-by-case basis and may be authorized if the acreage involved would provide a viable habitat base for the number of birds authorized to be released;

(i) within one mile of each release site, habitat must be available that consists of:

(i) at least 10% effective winter cover;

(ii) 25% idle cover such as undisturbed residual vegetation 10 or more inches high; and

(iii) 10% food sources, such as cultivated grain;

(j) certification of the genetic strain must be available from the commercial source of the eggs or chicks and must be provided, upon request, to the department by the applicant;

(k) all source stock must be purchased from an authorized National Poultry Improvement Plan (NPIP) hatchery;

(l) the department reserves the right to inspect the pheasant raising facilities and sample birds;

(m) the department reserves the right to refuse to stock or pay for any pen-reared pheasants that are observed to be in poor condition or health prior to or during release activities;

(n) habitat sites will be inspected by department personnel to determine the authorized number of birds that may be released. This number will be determined by:

(i) the availability of required habitat components within one mile of the release site; and

(ii) the number of birds that the area will support assuming one bird will require approximately three acres of habitat within a one-mile radius of the release site;

(o) banding of birds may be required in specified study areas;

(p) pen-reared pheasants may be assessed for overall health and general condition prior to and during release activities and the department maintains the right to refuse authorization of any pheasant release or payment for released pheasants if pheasants appear unhealthy prior to or during the release activity;

(q) all releases must be verified at the time of release by a department representative who will submit the verification form to the program coordinator for payment to the landowner or their designee;

(r) pheasant releases may occur annually within a five-year period starting from the first release. The department may fund additional releases for one additional five-year period if habitat improvements are established that address factors limiting pheasant numbers.

(2) The department may authorize the release of up to 200 pheasants per application.

(3) If the department is unable to fund all eligible applications, the department may:

(a) fund one eligible application per applicant;

(b) fund an equitable number of eligible applications for each applicant; and

History

Authorizing statute(s): 87-1-249, MCA
Implementing statute(s): 87-1-248, MCA
History: NEW, 1988 MAR p. 720, Eff. 4/15/88; AMD, 2000 MAR p. 831, Eff. 3/31/00; EMERG, AMD, 2000 MAR p. 1512, Eff. 6/16/00; AMD, 2001 MAR p. 2020, Eff. 9/7/01; AMD, 2012 MAR p. 1766, Eff. 9/7/12.

Mont. Admin. R. 12.9.604 Payment by Department

(1) The department will pay authorized pheasant release projects for live pheasants that are ten weeks of age or older and released in compliance with all the provisions of this subchapter at a rate established by the department surveying NPIP-certified hatcheries or game bird growers in Montana and surrounding states or through the solicitation of bids from interested parties.

History

Authorizing statute(s): 87-1-249, MCA
Implementing statute(s): 87-1-248, MCA
History: NEW, 1988 MAR p. 720, Eff. 4/15/88; AMD, 2000 MAR p. 831, Eff. 3/31/00; EMERG, AMD, 2000 MAR p. 1512, Eff. 6/16/00; AMD, 2001 MAR p. 1725, Eff. 9/7/01; AMD, 2012 MAR p. 1766, Eff. 9/7/12.

Mont. Admin. R. 12.9.605 Effect of Rule Violations

(1) Any person found guilty, pleading guilty or forfeiting bond for a violation of any of the upland game bird release program rules is disqualified from any further participation in the program.

History

Authorizing statute(s): 87-1-249, MCA
Implementing statute(s): 87-1-248, MCA
History: NEW, 1988 MAR p. 720, Eff. 4/15/88; AMD, 2001 MAR p. 1725, Eff. 9/7/01.

Mont. Admin. R. 12.9.606 Definitions

(1) "Upland game bird release program" means the programs established by 87-1-246 through 87-1-248, MCA, for both the compensation to eligible participants for the rearing and release of ring-necked pheasants, or the trapping and release of wild upland game birds, authorized by the department in order to establish viable upland game bird populations.

History

Authorizing statute(s): 87-1-249, MCA
Implementing statute(s): 87-1-248, MCA
History: NEW, 2001 MAR p. 1725, Eff. 9/7/01; AMD, 2012 MAR p. 1766, Eff. 9/7/12.

Mont. Admin. R. 12.9.608 Pheasant Releases by Department

(1) In order to meet the spending requirements set forth in 87-1-247 , MCA, the department may enter into agreements with private pheasant rearing facilities to provide pheasants for release on areas throughout Montana that meet the habitat requirements as described for releases by private individuals.

History

Authorizing statute(s): 87-1-249, MCA
Implementing statute(s): 87-1-248, MCA
History: NEW, 2001 MAR p. 1752, Eff. 9/7/01.

Mont. Admin. R. 12.9.611 Requirements of Projects Involving Wild Turkey Releases

(1) The department may authorize participation in the upland game bird release program projects for turkeys if the proposed project meets the following requirements:

(a) all releases made will be of wild/free ranging stock that have been trapped in Montana or have been moved into Montana under the direction of the department;

(b) all releases outside of Flathead County will be Merriam's turkey only;

(d) no new releases will take place until:

(i) an environmental assessment evaluating the release and the release site has been completed and approved by the commission; and

(ii) the department has secured agreements from adjacent landowners that would be affected by expanded populations indicating consent for the transplant and free public hunting for the species; and

(e) supplemental releases will require an evaluation by the department that will include but not be limited to:

(i) a history of previous releases;

(ii) justification for supplementing the existing population;

(iii) a legal description of the release site;

(iv) a legal description of the area that will be closed to public hunting until the population has become established (two-year minimum) ; and

(v) agreements from adjacent landowners that would be affected by expanded populations indicating consent for the transplant and free public hunting for the species.

History

Authorizing statute(s): 87-1-249, MCA
Implementing statute(s): 87-1-248, MCA
History: NEW, 2001 MAR p. 1725, Eff. 9/7/01.

Mont. Admin. R. 12.9.615 Supplemental Feeding

(1) The department may enter into agreements to provide supplemental feeding for pheasants during extreme winter weather conditions in Sheridan, Daniels, and Roosevelt counties.

(2) The department will authorize supplemental feeding when 90% or more of the naturally occurring food sources are covered with snow and ice, such that pheasants are unable to obtain food for a period of five or more days.

(3) Supplemental feeding will be done only within areas 1/4 mile or closer to effective winter cover.

(4) The department shall not enter into agreements for supplemental feeding on lands leased or closed for hunting, on shooting preserves, or during open pheasant season.

(5) Feeding will stop when conditions moderate.

(6) Feeding operations will terminate no later than March 31.

History

Authorizing statute(s): 87-1-249, MCA
Implementing statute(s): 87-1-248, MCA
History: NEW, 2001 MAR p. 1725, Eff. 9/7/01; AMD, 2012 MAR p. 1766, Eff. 9/7/12.

Subchapter 12.9.7 Upland Game Bird Habitat Enhancement Program

Mont. Admin. R. 12.9.701 Project Applications

(1) The department may authorize organizations or individuals to participate in the upland game bird habitat enhancement program following submission of a written application describing the proposed project on forms provided by the department and a review of that application. All applications must include and/or be accompanied by the following information:

(a) name of the organization or individual applying;

(b) name of the person in charge of the organization's proposed upland game bird habitat enhancement project;

(d) the applicant's current telephone number;

(e) the legal description of the project area, including the habitat site and project access area;

(f) clear evidence of landowner's permission if the project area is not owned by the applicant;

(g) the number of acres included in the proposed project area, including the habitat site and the project access area;

(h) description of the proposed enhancement project including:

(i) agricultural activities;

(ii) grazing management;

(iii) tree and shrub plantings;

(iv) cover plantings;

(v) fencing; and

(i) any other information deemed relevant by the department and requested on the project application form.

History

Authorizing statute(s): 87-1-249, MCA
Implementing statute(s): 87-1-248, MCA
History: NEW, 1989 MAR p. 2054, Eff. 12/8/89; AMD, 2001 MAR p. 1725, Eff. 9/7/01; AMD, 2012 MAR p. 1766, Eff. 9/7/12.

Mont. Admin. R. 12.9.702 Project Requirements

(1) Projects must meet the following requirements before the department may authorize participation in the program:

(a) projects must be designed to establish, improve, or protect necessary habitat components such as nesting cover, effective winter cover, brood habitat, and food sources;

(b) projects should be located on a minimum of 100 acres but may be considered on lands less than 100 acres if land with guaranteed public access is within the project area of influence. All habitat components need not be under the ownership of the applicant if other of the necessary habitat components are present at suitable distances on adjacent ownerships;

(c) all projects must be implemented through lease, conservation easement, or contract using upland game bird habitat enhancement program cost-sharing with the private landowner, public land management agency, or other conservation partner;

(d) all projects must be open to public hunting for upland game birds for the duration of the project as defined in the contract or work plan. Reasonable use limitations on numbers of hunters and areas to be hunted may be allowed; however, user fees may not be charged. Projects located within a leased or commercial hunting operation will not be considered.

History

Authorizing statute(s): 87-1-249, MCA
Implementing statute(s): 87-1-248, MCA
History: NEW, 1989 MAR p. 2054, Eff. 12/8/89; AMD, 2001 MAR p. 1725, Eff. 9/7/01; AMD, 2012 MAR p. 1766, Eff. 9/7/12.

Mont. Admin. R. 12.9.703 Project Review and Approval

(1) Enhancement activities on public and private lands will be reviewed and prioritized for funding based on:

(a) current species distribution and the potential to increase numbers of upland game birds;

(b) species present on the project and species that would benefit from the project;

(d) the current habitat characteristics and public access opportunities that comprise the project area of influence;

(e) the number of acres open to hunting;

(f) expected benefits for upland game birds and hunters from the proposed project;

(g) additional consideration may be given to projects that offer:

(i) longer initial contract terms, renewed terms of expired contracts, or a higher amount of landowner cost-share; or

(ii) land with special or unique components for enhancement.

(2) Projects may not interfere with or duplicate other state or federal assistance programs. However, projects specific to the matching portion of other state or federal assistance programs will be considered.

(3) Participation in federal farm programs, state agricultural programs, hunter management programs, the hunting access enhancement program, or other programs that provide for habitat or access enhancement does not preclude eligibility for applicants to also enroll property in the upland game bird enhancement program.

History

Authorizing statute(s): 87-1-249, MCA
Implementing statute(s): 87-1-248, MCA
History: NEW, 1989 MAR p. 2054, Eff. 12/8/89; AMD, 2001 MAR p. 1725, Eff. 9/7/01; AMD, 2012 MAR p. 1766, Eff. 9/7/12.

Mont. Admin. R. 12.9.704 Reporting Requirements

(1) Upon notification by the cooperator of project completion as outlined in the contract, department personnel or designee will inspect the project and submit written confirmation of project completion within 60 days to department headquarters.

History

Authorizing statute(s): 87-1-249, MCA
Implementing statute(s): 87-1-248, MCA
History: NEW, 1989 MAR p. 2054, Eff. 12/8/89; AMD, 2001 MAR p. 1725, Eff. 9/7/01; AMD, 2012 MAR p. 1766, Eff. 9/7/12.

Mont. Admin. R. 12.9.705 Payment by Department

(1) The department will cost share upland game bird habitat enhancement projects as set forth in a contract or work plan. Project expenses derived from applicable cost lists, such as an NRCS standard cost list, may be used to determine project costs and reimbursement payments. In-kind contributions, such as labor, equipment use, land taken out of production, or the management of public lands for improved upland game bird habitat and upland game bird hunting opportunity, may be recognized as an applicant's contribution of the cost-share.

(2) The department may compensate individuals, agencies, or organizations for upland game bird habitat protection or enhancement accomplished through a lease, up to the fair market value of the lease.

(3) The department may compensate individuals, agencies, or organizations for upland game bird habitat protection or enhancement accomplished through a conservation easement, up to the fair market value of the easement. The organization, agency, or individual will be compensated only if the organization or individual holds title to the specified property.

(4) The following are costs limitations under the upland game bird habitat enhancement program:

(a) department costs for any project may not exceed $100,000 without commission authorization, and no project will be funded for more than $200,000;

(b) department expenses on any project for purchase of buildings or equipment will not exceed $25,000 and all equipment purchased by the department will remain property of the department;

(d) expenditures related to maintenance activities are separate from project costs and are not administered or capped under statute.

(5) All requests for payment must be accompanied by invoices, receipts, or proof of expenses and include verification by department personnel that the work for which payment has been requested has been satisfactorily completed.

History

Authorizing statute(s): 87-1-249, MCA
Implementing statute(s): 87-1-248, MCA
History: NEW, 1989 MAR p. 2054, Eff. 12/8/89; AMD, 2001 MAR p. 1725, Eff. 9/7/01; AMD, 2012 MAR p. 1766, Eff. 9/7/12.

Mont. Admin. R. 12.9.706 Effect of Rule Violations

(1) Any person, agency, or organization found in violation of any of the upland game bird enhancement rules may be disqualified from further participation in the program.

History

Authorizing statute(s): 87-1-249, MCA
Implementing statute(s): 87-1-248, MCA
History: NEW, 1989 MAR p. 2054, Eff. 12/8/89; AMD, 2012 MAR p. 1766, Eff. 9/7/12.

Mont. Admin. R. 12.9.707 Definitions

(1) "Effective winter cover" means dense woody or herbaceous vegetative component on the landscape that provides upland game birds with thermal and protective cover in proximity to a nearby food source.

(2) "Habitat site" means the area where actual enhancement work will be accomplished, conserved, and maintained.

(3) "Maintenance" means a temporary activity necessary for the upkeep, repair, or enhancement of an existing or intended long-term habitat component as identified in the Upland Game Bird Habitat Enhancement Program contract or work plan.

(4) "Project" means the specific activity on a particular area over a specified period of time that intends to enhance or conserve upland game bird habitats or populations. Expenditures are administered and capped in statute.

(5) "Project area" means those specific acres identified in the contract that includes both the habitat site and project access area. Several projects may occur on a single project area.

(6) "Project access area" mean the legally defined property open to some level of public hunting as defined in a contract.

(7) "Project area of influence" means the land and associated game birds that may affect or may be affected by the habitat enhancement improvement or activity.

(8) "Project types" means the actual activities conducted to enhance upland game bird populations and include, but are not limited to shelterbelts, grazing systems, food plots, nesting cover, upland game bird releases, and supplemental feeding activities.

History

Authorizing statute(s): 87-1-249, MCA
Implementing statute(s): 87-1-248, MCA
History: NEW, 2012 MAR p. 1766, Eff. 9/7/12.

Subchapter 12.9.8 Damage Hunts

Mont. Admin. R. 12.9.802 Game Damage

(1) By law, the Department of Fish, Wildlife and Parks is required to respond to all big game damage complaints. General hunting seasons are the primary tool to deal with animals causing or having the potential to cause game damage. Landowners who allow public hunting and do not impose restrictions that significantly reduce public hunting qualify for game damage assistance.

(2) The department investigates damage complaints and arranges to study the situation as soon as possible, and within 48 hours of the filing of the complaint. If the department person who received the complaint is unable to respond within 48 hours, he will immediately refer the complaint to the nearest department employee who can respond within a 48-hour period. Exceptions may be made if complainant is agreeable to a longer waiting period.

(3) The department investigates all damage complaints under this policy with the exception of (4) . A phone call or on-site visit constitutes an immediate response under this provision.

(4) Damage caused by nongame, furbearing, or federally listed threatened and endangered species is not covered by this policy, but is addressed on a case-by-case basis.

(5) In response to damage complaints qualifying for assistance under 87-1-225 , MCA, and ARM 12.9.803, a regional supervisor may address the problem in the following ways:

(a) by herding as a temporary measure;

(b) by employing a variety of animal dispersal methods, such as airplanes, snowmobiles, cracker shells, and scareguns;

(d) by using fencing options if the problem is chronic and involves haystacks and other stored crops;

(e) by authorizing kill permits;

(f) the department, through the regional supervisor or designated staff, has the discretion to issue supplemental game damage licenses for antlerless animals to hunters as an alternative to a kill permit being issued to a landowner. Supplemental game damage licenses administrative procedures are outlined in ARM 12.9.805;

(g) damage hunts may be used to address site-specific damage problems in accordance with ARM 12.9.804;

(h) netting or mechanical devices may be used to reduce tree damage; and

(i) archery, shotgun, muzzle loader weapons, or other weapons may be used as an alternative hunting method when rifle hunting poses a threat to the safety and welfare of persons or property.

(6) Assistance may be denied or discontinued to a landowner who:

(a) creates or further contributes to game damage problems by not providing sufficient public hunting to aid in reduction of game populations;

(b) imposes other restrictions which prevent adequate harvests; or

(c) refuses reasonable suggestions, actions or remedies offered by the department. The decision to deny or terminate assistance will be made by the regional supervisor. Denial or discontinuance of assistance will be documented with the reasons, history and other pertinent information used to make that decision. A copy of the written decision will be provided to the landowner. The written decision will explain appeal rights.

(7) A landowner may appeal the denial or discontinuance of assistance to the director of the department. The appeal must be in writing and must contain specific reasons why the regional supervisor's decision is felt to be erroneous. The appeal must be filed within ten days following receipt of a denial or discontinuance determination from the regional supervisor.

(a) The director of the department will review the information used by the regional supervisor in making the initial determination and the reasons cited by the landowner for appealing the decision. At the director's discretion, the commission may be asked to review the appeal and make recommendations for the decision. Following the review, a final decision will be rendered by the director.

History

Authorizing statute(s): 87-1-225, MCA
Implementing statute(s): 87-1-225, MCA
History: NEW, 1991 MAR p. 815, Eff. 5/31/91; AMD, 2002 MAR p. 1306, Eff. 4/26/02; AMD, 2006 MAR p. 1867, Eff. 7/28/06.

Mont. Admin. R. 12.9.803 Public Hunting Eligibility Requirement

(1) To qualify for game damage assistance in accordance with 87-1-225 , MCA, a landowner must allow public hunting or not significantly reduce public hunting through imposed restrictions during established hunting seasons, including the general big game season. The department shall make determinations of eligibility based on the criteria set out in this rule. For eligibility, public hunting must be allowed at levels and in ways sufficient to effectively aid in management of area game populations. Restrictions that may significantly restrict public hunting include:

(a) species or sex of animals hunters are allowed to hunt;

(b) portion of land open to hunting;

(d) fees charged; or

(e) other restrictions that render harvestable animals inaccessible.

(2) The department may provide game damage assistance when unique or special circumstances render public hunting inappropriate.

History

Authorizing statute(s): 87-1-225, MCA
Implementing statute(s): 87-1-225, MCA
History: NEW, 2006 MAR p. 1867, Eff. 7/28/06.

Mont. Admin. R. 12.9.804 Game Damage Hunts

(1) Damage hunts are carried out according to the following policies and procedures:

(a) during the season-setting process, the department requests that the commission tentatively approve a specified number of antlerless deer, antlerless elk, and doe/fawn antelope licenses for potential game damage occurring between August 15 and February 15; and

(b) if the regional supervisor determines that a damage hunt is necessary before, during, or after the general hunting season, the regional supervisor must obtain approval of the commissioner in whose district the game damage hunt is proposed prior to implementing the hunt. If the commissioner is not available, then the regional supervisor must obtain approval from the chair of the commission or, in the chair's absence, any other commissioner.

(2) The following conditions apply to game damage hunts:

(a) damage hunts may only occur between August 15 and February 15;

(b) damage hunts may be authorized when there are enough animals involved on the landowner's property to justify the use of public hunting, but numbers of animals and size of affected area does not qualify for implementation of a management hunt, as outlined in ARM 12.9.1101;

(c) damage hunts may be authorized when hunting will occur only on property where public hunting during the general season qualifies the property for game damage assistance under 87-1-225, MCA, and ARM 12.9.803 and on approved adjacent or nearby legally-accessible state or federal land;

(d) damage hunts may be authorized when the game damage is a recurring problem and animals causing the problem are normally unavailable during the general hunting season;

(e) a game damage hunt roster must be established in accordance with ARM 12.9.804A for use in identifying some or all of the hunters eligible to participate in game damage hunts. Eligible hunters may be identified through the game damage hunt roster, or the department may identify eligible hunters through other established means of hunter selection, including first-come, first-served advertised opportunities, unsuccessful special license or permit applicant lists, or lists of names supplied by landowners;

(f) if the department determines that it may be effective in helping achieve the objectives of the hunt, the department may request a list of names supplied by a landowner to use in addition to selecting hunters from the hunt roster or other established means of hunter selection;

(g) if the department chooses to use a list of names supplied by a landowner, no more than 25% of the total number of hunters authorized to participate in the hunt may come from the list;

(h) unless stated otherwise, participants in a damage hunt shall possess a valid unused license, permit, or damage hunt license or permit for the species being hunted;

(i) a person who is contacted by the department for the purpose of a damage hunt may waive the opportunity to participate, but may not be considered again until all other interested persons have been contacted;

(j) any weapons restrictions or area closures that apply during general hunting seasons to areas included in game damage hunts will also apply to hunting conducted during game damage hunts in those same areas;

(k) damage hunts may include the harvest of male and female game animals; and

(l) if harvest of antlered animals is authorized, lists of names supplied by landowners shall not be an authorized means of hunter selection.

History

Authorizing statute(s): 87-1-225, MCA
Implementing statute(s): 87-1-225, MCA
History: NEW, 2006 MAR p. 1867, Eff. 7/28/06; AMD, 2015 MAR p. 2138, Eff. 12/11/15.

Mont. Admin. R. 12.9.804A GAME DAMAGE HUNT ROSTER

12.9.804A GAME DAMAGE HUNT ROSTER

(1) A game damage hunt roster will be used to provide a list of some or all of the hunters available to participate in game damage hunts and management hunts, according to the following procedures:

(a) hunters interested in participating in game damage hunts and management hunts will apply through the department web site between dates specified by the department annually. Hunters without internet access may apply at any department regional or Helena office. A roster will be established through a computerized random selection of applicant names, with roster results being made available online by a date specified by the department annually. If necessary, the department may establish additional sign-up periods;

(b) hunters may apply only for one antelope hunting district, one deer hunting district, and one elk hunting district;

(c) resident and nonresident hunters must possess a valid unused antelope, deer, or elk license or permit specific to the species being hunted to participate in a game damage hunt or management hunt; and

(d) nonresident hunters who possess a valid unused antelope, deer, or elk license may comprise up to 10% of the total game damage hunt roster pool of hunters for a specific game damage hunt or management hunt.

(2) If sufficient numbers of hunters to participate in a game damage hunt or management hunt for a hunting district cannot be identified from that district's game damage hunt roster, hunters on the roster from an adjacent hunting district may be selected.

(3) The department may also identify eligible hunters through other established means of hunter selection, including first-come, first-served advertised opportunities, unsuccessful special license or permit applicant lists, or lists of names supplied by landowners.

History

Authorizing statute(s): 87-1-225, MCA
Implementing statute(s): 87-1-225, MCA
History: NEW, 2006 MAR p. 1867, Eff. 7/28/06; AMD, 2016 MAR p. 138, Eff. 12/11/15.

Mont. Admin. R. 12.9.805 Supplemental Game Damage Licenses

(1) To assist landowners who qualify for game damage assistance under the provisions of 87-1-225, MCA, the department, through the regional supervisor or designated staff, has the discretion to issue supplemental game damage licenses for antlerless animals to hunters as an alternative to a kill permit being issued to a landowner. Criteria used to determine when to issue a supplemental game damage license will include, but are not limited to, the following:

(a) the number of animals to be killed does not exceed 12;

(b) the animals causing the damage are present on the property during legal hunting hours;

(d) hunting is likely to be an effective way to remove animals causing damage;

(e) damage to be addressed occurs between August 15 and February 15, in accordance with ARM 12.9.801(1);

(f) each hunter will have sufficient opportunity to utilize licenses; and

(g) proposed harvest is consistent with regional wildlife management objectives.

(2) The department will specify the number of licenses to be issued, the species to be hunted, the time period in which the license may be lawfully used, and the property where the licenses may be used. The time period for which a supplemental game damage license is issued may be extended by the department. If continued damage requires harvest of additional animals, the department may issue additional supplemental game damage licenses upon approval by the regional supervisor.

(3) When the department authorizes the use of a supplemental game damage license, the landowner experiencing the game damage, subject to the provisions of 87-2-520, MCA, may designate some or all of the resident hunters to receive the supplemental game damage licenses by mailing or delivering in person a list of names with associated mailing addresses and phone numbers on a signed form provided by the department, to the department regional office, local biologist, or local game warden in the region where the game damage is occurring.

(4) When the department must designate resident or nonresident supplemental game damage license recipients, selection will be made using procedures defined in ARM 12.9.804A.

(5) Hunters hunting with supplemental game damage licenses are subject to Montana hunting laws and regulations.

(6) Regional supervisor will notify the commissioner in whose district damage is occurring whenever supplemental game damage licenses are authorized for issuance.

History

Authorizing statute(s): 87-2-520, MCA
Implementing statute(s): 87-2-520, MCA
History: NEW, 2002 MAR p. 1306, Eff. 4/26/02; AMD, 2015 MAR p. 2138, Eff. 12/11/15.

Subchapter 12.9.9 Contractual Public Elk Hunting Access Agreements

Mont. Admin. R. 12.9.901 Definitions

The following definition applies to this subchapter:

(1) "Contractual public elk hunting access agreement" or "EHA agreement" means a negotiated agreement between the department and a landowner which defines how free public elk hunting may occur on land enrolled under the agreement.

History

Authorizing statute(s): 87-1-201, 87-1-301, 87-2-513, MCA
Implementing statute(s): 87-2-513, MCA
History: NEW, 2002 MAR p. 1977, Eff. 7/26/02; AMD, 2024 MAR p. 469, Eff. 3/9/24.

Mont. Admin. R. 12.9.908 Process for Commission Consideration of Permits

(1) Elk hunting access applications must be submitted on a form prescribed by the department, and only complete applications will be accepted.

(2) Elk hunting access applications must be received on or before May 1. Any elk hunting access application received after May 1 is ineligible for commission consideration.

(3) All complete elk hunting access applications, draft EHA agreements, and hunter/landowner satisfaction data from the prior year will be presented to the commission for consideration in their decision. Specific landowner, landowner designee, and public hunter contact information, such as their email address, phone number, and ALS number, will be redacted.

(4) The commission reserves the right to reject elk hunting access applications or deny the issuance of permits and or licenses, or both, under this program.

History

Authorizing statute(s): 87-1-201, 87-1-301, 87-2-513, MCA
Implementing statute(s): 87-2-513, MCA
History: NEW, 2002 MAR p. 1977, Eff. 7/26/02; AMD, 2024 MAR p. 469, Eff. 3/9/24.

Subchapter 12.9.10 Translocation of Prairie Dogs

Mont. Admin. R. 12.9.1001 Definitions

(1) "Confirmed sylvatic plague" means the presence of plague-positive fleas, prairie dogs or other mammals has been documented.

(2) "Historically occupied range" means the area encompassed by the outer limits of the historic distribution of a species. The historic range of the black-tailed prairie dogs is depicted on page 12 of the "Conservation Plan for Black-tailed and White-Tailed Prairie Dogs in Montana" published in 2002. This document is posted on the department web page http://fwp.mt.gov .

(3) "Presumed sylvatic plague" means that visual observation indicates evidence of numerical declines in prairie dog numbers in the absence of poisoning or other known sources of prairie dog mortality.

(4) "Receiving area" means the site to which prairie dogs are relocated.

(5) "Sending area" means the site where prairie dogs are currently located and from which prairie dogs may be removed for relocation to another site.

(6) "Translocation" means removing prairie dogs from one location to a new location with the intent to permanently establish them at the new location.

History

Authorizing statute(s): 87-1-301, 87-5-105, MCA
Implementing statute(s): 87-1-301, 87-5-105, MCA
History: NEW, 2004 MAR p. 1756, Eff. 8/6/04.

Mont. Admin. R. 12.9.1005 Proposals to Translocate Prairie Dogs

(1) Persons may translocate prairie dogs provided that a proposal for the translocation complies with this subchapter and is approved by the appropriate department regional supervisor(s) .

(2) The sending/receiving area proponents shall provide a translocation proposal to the department regional supervisor (or both regional supervisors if more than one department administrative region is involved) .

(3) A proposal for translocation of prairie dogs must conform to the Montana Environmental Policy Act (MEPA) and must include the following information:

(a) name(s) of the willing owner(s) of the sending area and name(s) of the willing owner(s) of the receiving area;

(b) a map illustrating land ownership and public lands leases, for thesending area and land ownership and public land leases within a six-mile radius of thereceiving area;

(c) a rationale explaining the need for and the objectives of the translocation, and an explanation of why relocation of prairie dogs from the sending area to the receiving area is desirable;

(d) evidence that landowners and/or public land managers within a six-mile radius of thereceiving area have been notified by certified mail of the proposed translocation of prairie dogs. Any comments by these potentially affected landowners and/or public land managers regarding the proposed translocation must be included in the proposal;

(e) a description of both the sending and receiving areas which should include, but are not limited to, the following:

(i) general topography;

(ii) vegetation types;

(iii) landscape setting; and

(iv) a discussion of recent and historic occupancy of the area by prairie dogs, incidence of disease, past poisoning efforts if known, presence or absence of other associated species in the area for both the sending and the receiving areas, and any other information supporting the ultimate success of the translocation such as site preparation or natural habitat features that promote retention of translocated prairie dogs and that are conducive to long-term maintenance of prairie dogs and other wildlife species associated with prairie dogs;

(f) a description of potential threats to other wildlife species and to agricultural production that may occur as a result of the proposed translocation. The proposal must contrast potentially significant threats with potential benefits;

(g) measures the applicant(s) intends to use to minimize potential threats to other wildlife species and to agricultural production;

(h) a description of how the trapping and transport guidance criteria of ARM 12.9.1010 will be met;

(i) a description of how the monitoring plan criteria of ARM 12.9.1020 will be met;

(j) a description of how the conflict resolution plan of ARM 12.9.1025 will be met;

(k) a statement indicating whether the sending and receiving areas have been prioritized by the department regional office; and

(l) copies of any documents required for environmental compliance (including public notification) or permits required by federal, state and/or local government.

(4) Translocation of prairie dogs from federal land to federal land within a national wildlife refuge will be coordinated in advance with the appropriate department administrative region. Translocation of prairie dogs originating from outside a national wildlife refuge, to areas within a refuge, will follow the procedures established by this subchapter.

History

Authorizing statute(s): 87-1-301, 87-5-105, MCA
Implementing statute(s): 87-1-301, 87-5-105, MCA
History: NEW, 2004 MAR p. 1756, Eff. 8/6/04.

Mont. Admin. R. 12.9.1010 Criteria for Sending Areas

(1) An area may qualify as a sending area when one or more of the following conditions exist at the sending area:

(a) the landowner/public land manager needs or desires to reduce prairie dog density or overall acreage of prairie dog towns;

(b) the area supports sufficient acres and density of prairie dogs to provide donor stock without significantly impacting prairie dog density or overall acreage of prairie dogs;

(c) the presence of prairie dogs conflicts with urban expansion or agricultural production and there is little to no opportunity to reconcile conflicts between these land uses and prairie dog occupancy; or

(d) prairie dog colonies are threatened by lethal control.

History

Authorizing statute(s): 87-1-301, 87-5-105, MCA
Implementing statute(s): 87-1-301, 87-5-105, MCA
History: NEW, 2004 MAR p. 1756, Eff. 8/6/04.

Mont. Admin. R. 12.9.1015 Criteria for Receiving Areas

(1) With approval of the department, prairie dogs may be relocated to an area within the historically occupied range of prairie dogs that complies with one or more of the following conditions:

(a) prairie dogs occupied the area historically, and the area is now vacant prairie doghabitat;

(b) the area contains an isolated prairie dog population or is isolated prairie dog habitat;

(d) the area contains suitable habitat within the historic distribution of prairie dogs but where previous occupation by prairie dogs is not documented; or

(e) the area complies with (1) (a) through (d) and where additional prairie dog colonies or increased prairie dog density will assist enhancement of prairie dogs and associated species that are rare or declining.

(2) Prairie dogs may not be moved to a location outside their historically occupied range.

History

Authorizing statute(s): 87-1-301, 87-5-105, MCA
Implementing statute(s): 87-1-301, 87-5-105, MCA
History: NEW, 2004 MAR p. 1756, Eff. 8/6/04.

Mont. Admin. R. 12.9.1020 Monitoring Plan – Prairie Dog Translocation

(1) For each translocation, project monitoring must be conducted at the receiving area.

(2) A monitoring plan must be included with or attached to the translocation proposal. The department or the Montana prairie dog working group will provide assistance if requested. The monitoring plan must contain the following:

(a) a description of the methodology and time lines of data collection;

(b) a description of the amount of acreage occupied by prairie dogs at the receiving area prior to the release;

(c) a description of any habitat that prairie dogs previously occupied but that is vacant at the time of the translocation;

(d) a description of any other baseline habitat information pertaining to the release;

(e) provisions for one-year and three-year post-release assessments. These assessments must compare translocation results with the baseline inventory and must be provided to the department; and

(f) a provision for assessment of the translocation's success by comparing results of the translocation to the objectives stated in the translocation proposal, and the requirements of this subchapter.

History

Authorizing statute(s): 87-1-301, 87-5-105, MCA
Implementing statute(s): 87-1-301, 87-5-105, MCA
History: NEW, 2004 MAR p. 1756, Eff. 8/6/04.

Mont. Admin. R. 12.9.1025 Conflict Resolution Plan

(1) A conflict resolution plan approved and signed by the landowner or land manager at the receiving sitemust be included with or attached to the proposal for translocation. The conflict resolution plan must detail the following information:

(a) potential conflicts with private lands or public lands adjacent to the receiving area, including conflicts with agricultural production;

(b) solutions that will be implemented to resolve conflicts with agricultural production and other landowner conflicts, including identification of the person(s) /party(s) responsible for implementing proposed solutions;

(d) solutions that will be implemented to resolveconflicts between prairie dogs and other wildlife species, including identification of the person(s) /party(s) responsible for implementing proposed solutions; and

(e) a statement signed by the landowner/land manager at the receiving area that acknowledges responsibilities to other landowners/land managers that will be incurred upon translocation of prairie dogs, and commitment to implement all provisions of the conflict resolution plan.

History

Authorizing statute(s): 87-1-301, 87-5-105, MCA
Implementing statute(s): 87-1-301, 87-5-105, MCA
History: NEW, 2004 MAR p. 1756, Eff. 8/6/04.

Mont. Admin. R. 12.9.1030 Capture and Transportation of Prairie Dogs

(1) Persons who have department approval to translocate prairie dogs shall comply with the following criteria when capturing and transporting prairie dogs:

(a) prairie dogs may be captured and translocated between the dates of June 30 and October 31. Prairie dogs shall not be moved earlier or later than this time period unless a written exception is granted by the regional supervisor;

(b) persons translocating prairie dogs shall attempt to capture an entire town or portion of a town in order to move entire family units together;

(c) a translocation group shouldconsist of at least 100 black-tailed prairie dogs or 30 white-tailed prairie dogs. Permissionto translocate a smaller number of individuals may begranted by the regional supervisor;

(d) persons authorized to translocate prairie dogs shall monitor the sending and receiving areas for sylvatic plague as outlined in ARM 12.9.1035 and must notify the department immediately if presumedplague is noted;

(e) any prairie dogs that become sick or die during transport shall be examined by a qualified individual. If there is a possibility that plague is implicated in the cause of death, the entire group of animals shall be placed and remain under quarantine while the animal(s) in question is referred to a laboratory to determine whether plague is the cause of the sickness. If sylvatic plague is confirmed, the sylvatic plaque precautions described in ARM 12.9.1035 and the quarantine procedures described in ARM 12.9.1040 must be followed.

(2) The white-tailed prairie dog is the only species of prairie dog that may be translocated from a sending area outside of Montana to a receiving area within Montana. White-tailed prairie dogs from sending areas outside of Montana must be quarantined under the procedures established by ARM 12.9.1040.

History

Authorizing statute(s): 87-1-301, 87-5-105, MCA
Implementing statute(s): 87-1-301, 87-5-105, MCA
History: NEW, 2004 MAR p. 1756, Eff. 8/6/04.

Mont. Admin. R. 12.9.1035 Sylvatic Plague Precautions

(1) Prairie dogs may not be moved from an area with presumed or documented sylvatic plague to an area where plague is not present.

(2) At a minimum, sending and receiving areas must be monitored 14 days prior to trapping and againwithin 48 hours of trapping to determine whether any evidence of plague is present.

(3) If presumedplague is indicated at a sending or receiving area, the department must be notified immediately and the translocation proposal may be altered or cancelled.

(4) Prairie dogs may not be transported from a sending area within five miles of a site with presumed or confirmed sylvatic plague for a minimum of one year after the site was presumed or confirmed to have plague.

(5) Where there is no evidence of presumed or documented plague, or if the receiving area is within 50 miles of the sending area, quarantine is unnecessary if the following conditions are met:

(a) there is no evidence of numerical declines in population numbers that would suggest plague;

(b) pre-capture monitoring at the sending site 14 days prior and within 48 hours prior to trapping indicates no evidence of rapid or unexplained declines in prairie dog numbers or the presence of prairie dog carcasses that would signal presumed plague; and

History

Authorizing statute(s): 87-1-301, 87-5-105, MCA
Implementing statute(s): 87-1-301, 87-5-105, MCA
History: NEW, 2004 MAR p. 1756, Eff. 8/6/04.

Mont. Admin. R. 12.9.1040 Quarantine Procedures

(1) Animals at risk for plague must be held in quarantine for at least 14 days.

(2) Cages in quarantine facilities must be suspended by wires or chains at least one meter off the ground and separated from adjacent cages by a minimum of 60 centimeters.

(3) Animals placed in quarantine cages must remain in the same cages for the duration of the quarantine. Animals that are not part of the original group under quarantine must not be placed in cages within the quarantined group or in adjacent cages.

(4) Prairie dogs that die during the 14-day quarantine period must be necropsied and tested for plague.

(5) If plague is discovered within the group under quarantine, the group of animals must be kept in quarantine for an additional 14 days.

History

Authorizing statute(s): 87-1-301, 87-5-105, MCA
Implementing statute(s): 87-1-301, 87-5-105, MCA
History: NEW, 2004 MAR p. 1756, Eff. 8/6/04.

Mont. Admin. R. 12.9.1045 Approval Process for Translocation Proposals

(1) The translocation proposal must comply with ARM 12.9.1005, 12.9.1010, 12.9.1015, 12.9.1020, 12.9.1025, 12.9.1030, 12.9.1035, and 12.9.1040 and must undergo public review in accordance with MEPA. The department regional supervisor shall review prairie dog translocation proposals and render a final decision in writing within 30 days of the conclusion of a decision process that complies with MEPA. If a translocation proposal affects more than one region, the regional supervisor of each region affected by the proposal must sign the final decision.

(2) If a regional supervisor(s) denies a translocation proposal, the written decision must include an explanation of any deficiencies or inconsistencies in the proposal pertaining to the proposal criteria required by ARM 12.9.1005.

(3) Regional supervisors shall maintain a list of potential sending areas and receiving areas that have been identified by private landowners, land management agencies, tribes, and other interests.

(4) The Montana prairie dog working group may review areas for prioritization, and inclusion on the list of approved areas as requested by the department.

History

Authorizing statute(s): 87-1-301, 87-5-105, MCA
Implementing statute(s): 87-1-301, 87-5-105, MCA
History: NEW, 2004 MAR p. 1756, Eff. 8/6/04.

Mont. Admin. R. 12.9.1050 Appeal Process for Translocation Proposals

(1) Proponents or opponents of the translocation proposal may appeal a department decision to deny or approve a translocation proposal. The proponent or opponent shall prepare a written appeal and submit this appeal to the director within 30 days of the date of the department decision denying or approving the translocation proposal. The appeal must respond to the proposal deficiencies or inconsistencies cited in the regional supervisor's denial of the proposal.

(2) The director shall prepare a written response to the appeal within 30 days of receipt. The response must affirm or remand the regional supervisor's decision.

History

Authorizing statute(s): 87-1-301, 87-5-105, MCA
Implementing statute(s): 87-1-301, 87-5-105, MCA
History: NEW, 2004 MAR p. 1756, Eff. 8/6/04.

Subchapter 12.9.11 Management Seasons

Mont. Admin. R. 12.9.1101 Management Hunts

(1) A management hunt may be implemented on lands eligible for assistance. A management hunt is a proactive measure to prevent or reduce potential damage caused by large concentrations of game animals resulting from seasonal migrations, extreme weather conditions, restrictive public hunting access on adjacent or nearby properties, or other factors. The department shall make determinations of eligibility based on the criteria set out in this rule. To qualify for a management hunt, a landowner must allow public hunting or not significantly reduce public hunting through imposed restrictions during established hunting seasons, including the general big game season. For eligibility, public hunting must be allowed at levels and in ways sufficient to effectively aid in management of area game populations. Restrictions that may significantly restrict public hunting include:

(a) species or sex of animals hunters are allowed to hunt;

(b) portion of land open to hunting;

(d) fees charged; and

(e) other restrictions that render harvestable animals inaccessible.

(2) If the regional supervisor determines that a management hunt is necessary before, during, or after the general hunting season, the regional supervisor must obtain the approval of the commissioner in whose district the management hunt is proposed prior to implementing the hunt. If the commissioner is not available, then the regional supervisor must obtain approval from the chair of the commission, or in the chair's absence, any other commissioner.

(3) Management hunts may be implemented under the following conditions:

(a) hunting occurs during the time period August 15 through February 15;

(b) the hunt will provide for dispersal and limited harvest of animals;

(c) hunting may include opportunities for specified numbers of hunters to harvest either-sex and antlerless game animals;

(d) size of affected area and number of animals exceeds that which can be more appropriately addressed through game damage measures outlined in ARM 12.9.802;

(e) hunting will occur only on lands eligible for assistance under (1) and approved legally-accessible state or federal land; and

(f) any weapons restrictions and area closures that apply during general hunting seasons to areas included in management hunts will also apply to hunting conducted during management hunts in those same areas.

(4) Some or all hunters eligible to hunt during a management hunt may be selected from the game damage hunt roster under procedures outlined in ARM 12.9.804A. The department may also use other established means of hunter selection, including first-come, first-served advertised opportunities, unsuccessful special license or permit applicant lists, or lists of names supplied by landowners.

(5) If the department determines that it may be effective in helping achieve the objectives of the hunt, the department may request a list of names supplied by a landowner to use in addition to selecting hunters from the hunt roster or other established means of hunter selection.

(6) If the department chooses to use a list of names supplied by a landowner, no more than 25% of the total number of hunters authorized to participate in the hunt may come from the list.

(7) If antlered animals are authorized for harvest, lists of names supplied by landowners shall not be an authorized means of hunter selection.

History

Authorizing statute(s): 87-1-225, MCA
Implementing statute(s): 87-1-225, MCA
History: NEW, 2006 MAR p. 1867, Eff. 7/28/06; AMD, 2015 MAR p. 2138, Eff. 12/11/15.

Mont. Admin. R. 12.9.1105 Hunting Seasons Extensions

(1) The commission may determine that the extension of a hunting season may be an acceptable strategy to achieve deer or elk management objectives under the following conditions:

(a) a liberal general season deer or elk management package has been in place for two consecutive years, including the year in which the extension is proposed. A liberal season package is established when populations observed in department surveys exceed management objectives. Season packages for deer and elk are numerically described in the department's current Deer and Elk Plans;

(b) elk populations are 20% or more over the current department Elk Plan population objectives as determined by department survey, or deer populations are 20% - 30% over the current department Deer Plan population objectives as determined by department survey and as specifically identified in the five ecotypes described in the Deer Plan;

(c) public hunting access during the five-week general hunting season was at levels necessary to accomplish harvest management objectives, but management objectives were still not achieved; and

(d) weather conditions during the fall hunting season result in a harvest that was substantially below the desired level in districts that are over objective. Evaluation of harvest may include, but is not limited to, field observations, check stations, weather conditions, or public comments.

(2) Additionally, the commission may consider season extensions in the event of severe winter weather conditions, and these conditions create a situation where game damage complaints occur across multiple hunting districts or represent real opportunity to secure additional needed harvest in districts that are over objective.

(3) A hunting season extension may begin the day after the close of the general fall hunting season and shall close no later than February 15. If direct harvest reaches levels that are projected to bring the deer and elk populations near population objectives, as indicated by one or more game checking stations located in the area of the hunting season extension, the commission shall close a season that it has extended.

(4) When the commission determines that a season extension is appropriate, the extension must be applied on an aggregate of hunting districts or regional basis, and the hunt area must be large enough to prevent hunter overcrowding. Season extensions may not be applied in situations where individual properties or small portions of hunting districts are involved and where existing game damage procedures more appropriately apply.

(5) The commission shall extend hunting seasons according to the following procedures:

(a) at the end of the fourth week of the general big game hunting season, a regional committee, located within the pertinent administrative region and appointed by the respective regional supervisor, shall consider the criteria listed in (1)(a) through (1)(d) or (2) to determine whether or not season extensions are warranted;

(b) the committee shall present its recommendation to the regional supervisor for approval; and

(c) if the regional supervisor and director approve the hunting extension, the department shall present the recommendation to the local commissioner representing the area where the season extension is proposed for review and final approval. In the absence of the local commissioner, the department shall present the recommendation to the commission chair for review and final approval.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-301, MCA
History: NEW, 2004 MAR p. 2911, Eff. 12/3/04; TRANS, from ARM 12.9.810, 2006 MAR p. 1867, Eff. 7/28/06; AMD, 2007 MAR p. 1442, Eff. 9/21/07.

Subchapter 12.9.13 Gray Wolf Management

Mont. Admin. R. 12.9.1301 Commitment to Preservation of the Gray Wolf as Resident Wildlife in Need of Management

(1) The department has management authority of the gray wolf, a resident native wildlife species, and is dedicated to the conservation of wolf populations within the state of Montana. Pursuant to the definition of management under the Nongame and Endangered Species Conservation Act, 87-5-102, MCA, the department will implement conservation and management strategies to make sure that wolves continue to thrive and are integrated as a valuable part of Montana's wildlife heritage. The department will manage wolves to ensure that recovery criteria are met or exceeded. Montana will ensure maintenance of at least 15 breeding pairs and assist natural dispersal and connectivity between gray wolf populations in Canada, Montana, Idaho, and Wyoming. The department uses an adaptive management framework for the gray wolf, meaning that if the statewide number of wolves exceeds 15 breeding pairs, the department may, as outlined in these rules, approve lethal control of wolves. If there are fewer than 15 breeding pairs, the department will allow only conservative management of the wolf populations so that the number of breeding pairs does not go below 10 but may still approve lethal control. These rules set out the comprehensive structure governing control of the gray wolf so that all control actions fall within the department's adaptive management considerations. The commission has authority, when the statewide number of wolves exceeds 15 breeding pairs, to adopt a harvest season for wolves and will exercise that authority as part of the adaptive management framework for the gray wolf. The department's management decisions will be guided by the principles of maintaining and enhancing Montana's contribution to the overall northern Rocky Mountain gray wolf population and the gray wolf's connectivity between contiguous populations in Canada, Idaho, Montana, and Wyoming.

History

Authorizing statute(s): 87-1-201, 87-1-301, 87-5-105, 87-5-110, 87-5-131, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-5-102, 87-5-103, 87-5-104, 87-5-105, 87-5-108, 87-5-131, MCA
History: NEW, 2008 MAR p. 2165, Eff. 10/10/08; AMD, 2014 MAR p. 843, Eff. 4/25/14.

Mont. Admin. R. 12.9.1302 Definitions

The following definitions apply to this subchapter:

(1) "Adaptive management" means wolf conservation and management strategies that will maintain a recovered population and ensure natural connectivity and genetic exchange among the wolf populations in Canada, Montana, Idaho, and Wyoming. It establishes resource objectives such as maintenance of a recovered population; it monitors progress towards meeting those objectives; and it adjusts management decisions to meet these resource objectives. Adaptive management directs selection of more conservative or liberal management tools, accordingly. Adaptive management allows the department a full range of tools to ensure a recovered and connected population.

(2) "Agency" means the Department of Fish, Wildlife and Parks or another agency of government authorized by the Department of Fish, Wildlife and Parks through an interagency cooperative agreement.

(3) "Attacking" means the actual biting, wounding, or grasping of livestock or domestic dogs.

(4) "Breeding pair" means an adult male and an adult female wolf with at least two pups on December 31 as referenced in the Montana Gray Wolf Conservation and Management Plan.

(5) "Confirms", "confirmed", or "confirmation" means an incident where the department or USDA Wildlife Services determines through a field investigation of dead or injured livestock that there is reasonable physical evidence that the animal was actually attacked and/or killed by a wolf. The primary confirmation would ordinarily be the presence of bite marks and associated subcutaneous hemorrhaging and tissue damage, indicating that the attack occurred while the victim was alive, as opposed to simply feeding on an already dead animal. Spacing between canine tooth punctures, feeding pattern on the carcass, fresh tracks, scat, hairs rubbed off on fences or brush, and/or eye witness accounts of the attack may help identify the specific species or individual responsible for the depredation. Predation might also be confirmed in the absence of bite marks and associated hemorrhaging (i.e., if much of the carcass has already been consumed by the predator or scavengers) if there is other physical evidence to confirm predation on the live animal. This might include blood spilled or sprayed at a nearby attack site or other evidence of an attack or struggle. There may also be nearby remains of other victims for which there is still sufficient evidence to confirm predation, allowing reasonable inference of confirmed predation on the animal that has been largely consumed.

(6) "Habituated" means readily visible in close proximity to people or structures on a regular basis; not threatened by close proximity and may even be attracted to human presence or human food sources; extremely rare behavior in wild wolves, but typical behavior for released captive wolf or wolf-dog hybrid; for wolves, may or may not involve food conditioning.

(7) "Intentional harassment" means the deliberate and preplanned harassment of a wolf by less than lethal munitions, including but not limited to, 12 gauge shot gun rubber bullets and bean bag shells, that are designed to cause physical discomfort and temporary physical injury but not death. Intentional harassment may also include other devices intended to make noise such as 12 gauge shot gun cracker shells, RAGG boxes, propane cannons, or sirens.

(8) "Lethal control" means killing a wolf except for hunting or trapping by the public as authorized by the commission as part of a regulated public harvest.

(9) "Livestock" means bison as defined in 81-1-101, MCA, cattle, calf, hog, pig, horse, mule, sheep, lamb, llama, goat, herding or guarding animals, rhea, emu, ostrich, donkey, and certain breeds of dogs commonly used for herding or guarding livestock.

(10) "Nonlethal control" means actions intended to decrease the risk of conflict that does not injure or kill a wolf.

(11) "Opportunistic hazing in a noninjurious manner" means harassment, without the conduct of prior purposeful actions, such as yelling and radio activated noise makers, or use of firearms to scare or discourage a wolf in a way that does not injure or kill the wolf.

(12) "Potential threat" means those wolves in immediate proximity to human dwellings, livestock, or domestic dogs.

(13) "Problem wolf" means a wolf that has been confirmed by the department or USDA Wildlife Services to have attacked or been in the act of attacking livestock within the past 45 days.

(14) "Threatening to kill" means the actual chasing, testing, molesting, harassing of livestock or livestock herding/guarding animals that would indicate to a reasonable person that an attack was imminent.

(15) "USDA Wildlife Services" means the Wildlife Services Division of the United States Department of Agriculture, Animal and Plant Health Inspection Service.

History

Authorizing statute(s): 87-1-201, 87-1-301, 87-5-105, 87-5-110, 87-5-131, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-5-102, 87-5-103, 87-5-104, 87-5-105, 87-5-108, 87-5-131, MCA
History: NEW, 2008 MAR p. 2165, Eff. 10/10/08; AMD, 2014 MAR p. 843, Eff. 4/25/14.

Mont. Admin. R. 12.9.1303 Control Methods of the Gray Wolf Include Nonlethal and Lethal Means

(1) These rules address when and how the department may carry out nonlethal and lethal control of wolves.

(2) To undertake control actions that are consistent with this rule, the department may:

(a) take control actions;

(b) authorize USDA Wildlife Services pursuant to an interagency cooperative agreement;

(d) issue permits to individuals pursuant to ARM 12.9.1305.

(3) The department is responsible for the status, conservation, and management of the gray wolf population as a state species in need of management, game animal, or a furbearer as guided by administrative rules and statutes.

(4) Control of the gray wolf by an agency or an individual may include nonlethal and lethal actions. Specific control actions shall connect in both time and location to a wolf or wolves with the highest likelihood of having injured or killed the livestock.

(5) The department shall take an incremental approach to lethal control.

(6) Killing or harassing a wolf not in conformance with these rules is subject to criminal penalties pursuant to 87-5-106, 87-5-111, 87-6-201, and 87-6-203, MCA, as applicable.

History

Authorizing statute(s): 87-1-201, 87-1-301, 87-1-901, 87-5-105, 87-5-110, 87-5-131, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-1-901, 87-5-102, 87-5-103, 87-5-104, 87-5-105, 87-5-108, 87-5-131, MCA
History: NEW, 2008 MAR p. 2165, Eff. 10/10/08; AMD, 2014 MAR p. 843, Eff. 4/25/14; AMD, 2024 MAR p. 76, Eff. 1/13/24.

Mont. Admin. R. 12.9.1304 Allowable Nonlethal Control of the Gray Wolf

(1) Control of the gray wolf includes a variety of nonlethal management activities intended to decrease risk of, prevent, or resolve a conflict without killing the wolf in question. Allowable nonlethal control activities include, but are not limited to:

(a) husbandry practices including, but not limited to, electric fencing, increased human presence, fladry, herding or guarding animals, night pens, shed lambing, carcass removal, alternative pastures, amended pasture or grazing rotations, or supplemental feed;

(b) placement of a radio collar to facilitate increased monitoring of the pack;

(d) intentional harassment;

(e) department discouraging wolves from denning in a particular location;

(f) carcass removal or electric fencing of bone yards (e.g., localized livestock disposal sites which attract a variety of scavengers); and

(g) working with interested individual livestock owners and private landowners, watershed groups, interested groups, state and federal land managing agencies, USDA Wildlife Services, and the Montana Livestock Loss Board and its coordinator to provide technical assistance and to assist with selection and implementation of proactive nonlethal controls on both public and private lands when and where livestock are present, either seasonally or yearlong.

(2) The department will also work with others to better understand the effectiveness of nonlethal activities to prevent or decrease the likelihood of wolf-livestock conflicts.

History

Authorizing statute(s): 87-1-201, 87-1-301, 87-5-105, 87-5-110, 87-5-131, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-5-102, 87-5-103, 87-5-104, 87-5-105, 87-5-108, 87-5-131, MCA
History: NEW, 2008 MAR p. 2165, Eff. 10/10/08; AMD, 2014 MAR p. 843, Eff. 4/25/14.

Mont. Admin. R. 12.9.1305 Allowable Lethal Control of the Gray Wolf

(1) The commission delegates its authority to the department to authorize lethal control of problem wolves. The department may authorize the following to conduct lethal control of problem wolves:

(a) the department;

(b) USDA Wildlife Services pursuant to an interagency cooperative agreement that outlines the procedures for verifying the needs for lethal control and as part of a coordinated agency response;

(c) Department of Livestock pursuant to an interagency cooperative agreement that outlines the procedures for verifying the needs for lethal control and as part of a coordinated agency response;

(d) a livestock owner, immediate family member, employee, or other person authorized by the department with a permit issued by the department under the conditions authorized and specified on the permit;

(e) control to protect human safety; or

(f) control pursuant to 87-1-901, MCA.

(2) The department may authorize lethal control of a problem wolf, after considering the number of breeding pairs within the state and other factors in these rules.

(3) Before considering lethal control of a problem wolf for livestock conflict, the department or USDA Wildlife Services shall conduct the following investigation:

(a) the department or USDA Wildlife Services will conduct a field investigation to determine if the death of the livestock was due to natural causes or a predator; and

(b) if a predator killed the livestock, the department or USDA Wildlife Services will examine the evidence at the scene to determine if a wolf was responsible.

(4) The department has the discretion to lethally remove or authorize removal of a gray wolf if the department determines that the wolf is:

(a) bold;

(b) food conditioned;

(d) demonstrating abnormal behavior patterns or physical characteristics indicative of a wolf-dog hybrid or of captive origin; or

(e) posing an immediate or ongoing threat to human safety.

(5) Pursuant to 87-5-109, MCA, the director of the department may permit killing, possessing, transporting, or exporting of a wolf for scientific, zoological, or educational purposes.

(6) The department may kill or remove a sick, injured, or diseased wolf.

(7) To further conservation of the species, the department may capture and translocate a wolf or use other human assisted techniques.

(8) The department may authorize a livestock owner, immediate family members, or employees by a permit to take a problem wolf under the following circumstances and conditions as part of a coordinated agency response to confirmed livestock damage due to wolves:

(a) when the department or USDA Wildlife Services confirms that a wolf killed the livestock;

(b) when the department or USDA Wildlife Services determines that the wolf was not purposefully or intentionally fed or baited to a site;

(c) the permit may last for a maximum of 45 days from the date the department or USDA Wildlife Services confirms the wolf caused damage and any wolf killed within the 45 days will be counted towards the number specified on the permit;

(d) the permit expires when the total desired number of wolves are removed by the combined action of the department, USDA Wildlife Services, and individuals named on the permit, or at the end of the 45 days, whichever is first;

(e) within 24 hours, a person must report to the department killing or injuring a wolf under a permit;

(f) to preserve the physical evidence, the permittee shall leave the carcass of any wolf killed where it lay, and shall not disturb the area surrounding the carcass; and

(g) surrender the carcass to the department.

(9) The permit must specify:

(a) its duration and expiration date;

(b) total number of wolves that may be lawfully killed through the combined actions of the individuals named on the permit or other department authorization and the department or USDA Wildlife Services;

(d) that wolves may be killed from the ground and in a manner that does not entail the use of intentional live or dead baits, scents, or attractants or deliberate use of traps or snares, or poisons; or use of radio telemetry equipment.

(10) As allowed by 87-1-901 and 87-6-106, MCA, any person may kill without permit or license a wolf that is attacking, killing, or threatening to kill a person or livestock, or that is in the act of attacking or killing a domestic dog. A person may not intentionally bait a wolf with domestic dogs or livestock for the purpose of killing the wolf.

(a) This person shall notify the department within 72 hours, preserve the scene, leave the carcass where it was killed until the department investigates the scene, and surrender the carcass to the department. USDA Wildlife Services will investigate and determine the cause of any injured or dead livestock.

(11) A landowner or landowner agent, pursuant to 87-1-901, MCA, may take a wolf on the landowner's property without permit or license when the wolf is a potential threat as defined in ARM 12.9.1302 until the quota established by the commission under 87-1-901, MCA, is met.

(a) This landowner or landowner's agent shall:

(i) notify the department within 24 hours;

(ii) preserve the scene;

(iii) leave the carcass where it was killed until the department investigates the scene; and

(iv) surrender the hide, skull, and carcass to the department.

(b) Any take after the quota established by the commission under 87-1-901, MCA, is met is subject to criminal penalties pursuant to 87-5-106, 87-5-111, 87-6-201, and 87-6-203, MCA, as applicable.

History

Authorizing statute(s): 87-1-201, 87-1-301, 87-5-105, 87-5-110, 87-5-131, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-5-102, 87-5-103, 87-5-104, 87-5-105, 87-5-108, 87-5-131, MCA
History: NEW, 2008 MAR p. 2165, Eff. 10/10/08; AMD, 2014 MAR p. 2000, Eff. 4/25/14.

Subchapter 12.9.14 Grizzly Bear Management

Mont. Admin. R. 12.9.1401 Grizzly Bear Policy

(1) Whereas, the Montana Fish and Game Commission has management authority for the grizzly bear, a resident wildlife species, and is dedicated to the preservation of grizzly bear populations within the state of Montana; and

(a) Habitat. The department shall work to perpetuate and manage grizzly bear in suitable habitats of this state for the welfare of the bear and the enjoyment of the people of Montana and the nation. In performing this work the department should consider the following:

(i) the commission has the responsibility for the welfare of the grizzly and advocates the protection of the bear's habitat;

(ii) management of Montana's wildlands, including the grizzly bear habitat, is predominantly, but not exclusively, a responsibility of various federal agencies and private landowners;

(iii) land use decisions made by these agencies and individuals affect grizzly bear habitat, thus cooperative programs with these agencies and individuals are essential to the management of this species;

(iv) preservation of wildlands is critical to the protection of this species and the commission advocates wildland preservation in occupied grizzly bear habitat; and

(v) while some logging may not be detrimental to grizzly habitat, each logging sale in areas inhabited by grizzly bear should be carefully reviewed and evaluated.

(b) Research. It is recognized by the commission that research on the habitat requirements and population characteristics of the grizzly bear is essential for the welfare of the species. Departmental research programs and proposals directed at defining those habitat requirements, are encouraged and supported.

(c) Hunting and recreational use. The commission recognizes its responsibility to consider and provide for recreational opportunities as part of a grizzly bear management program. These opportunities shall include: sport hunting, when deemed appropriate; recreational experiences; aesthetics of natural ecosystems; and other uses consistent with the overall welfare of the species.

(i) The department should consider the variability of values between individuals, groups, organizations, and agencies when management programs for various grizzly bear populations are developed.

(ii) Sport hunting is considered the most desirable method of balancing grizzly bear numbers with their available habitat, minimizing depredations against private property within or adjacent to grizzly bear habitat, and minimizing grizzly bear attacks on humans.

(d) Depredations. Contacts between grizzly bear and humans, or property of humans, require delicate handling and careful consideration. When these contacts reach the stage for definite action, the following actions should be carried out:

(i) Grizzly bear, in the process of threatening or endangering human life, shall be captured or dispatched immediately.

(ii) Where no immediate threat to human life exists, individual bear encounters with humans shall be evaluated on a case-by-case basis and when the attack is abnormal or apparently unprovoked, the individual bear involved shall be captured or dispatched.

(iii) When the attack is normal (e.g., a female defending her cubs, any bear defending its food, or any bear defending itself) but the situation leads itself to no reasonable possibility of leaving the bear in place, then the bear should be removed.

(iv) Grizzly bears that do not directly endanger human life but that are causing non-livestock related property losses shall be evaluated on an individual case basis.

(v) Where removal is determined to be the best resolution to the problem, depredating or nuisance bear shall be trapped, and if determined to be suitable for transplanting, shall be marked and released in suitable habitat previously approved with appropriate land management agencies.

(vi) Reasonable efforts shall be made to inform the public of the transplant program, fully explaining the reasons for the capturing and locations of the release area.

(vii) Upon request by an authorized scientific investigative agency or public zoological institution, a captured bear may be given to that agency or institution for appropriate nonrelease research purposes. A reasonable charge may be required to cover costs of handling.

(e) Depredating grizzly bear that are not suitable for release or research because of old age, acquired behavior, disease, or crippling, shall be killed and sent to the department's research facilities for investigation. The public shall be fully informed when these actions are taken and the reasons for these actions shall be fully explained.

(f) Coordination. The department shall consult with appropriate federal agencies and comply with applicable federal rules and regulations in implementation of this policy.

Whereas, the secure habitat for the grizzly has been greatly reduced as a result of the human development and population growth from 1850 through 1950 in the bear's traditional range in all western states; and

Whereas, a significant portion of the remaining grizzly bear habitat and population is located in Montana and these Montana populations occur in wildlands such as wilderness, primitive areas, de facto wilderness areas, national forests, national parks, Indian reservations, and seasonally, on adjacent private lands.

Now, therefore, in order to promote the preservation of the grizzly bear in its native habitat, the commission establishes the following policy guidelines for the Montana department of fish, wildlife, and parks action when dealing with grizzly bear.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-5-301, MCA
History: Eff. 12/31/72; AMD, 1977 MAR p. 257, Eff. 8/26/77; TRANS from ARM 12.9.103, 2018 MAR p. 2497, Eff. 12/22/18; AMD, 2024 MAR p. 60, Eff. 1/13/24.

Mont. Admin. R. 12.9.1403 Grizzly Bear Demographic Objectives for the Northern Continental Divide Ecosystem

(1) Upon delisting from the Endangered Species Act, management of the grizzly bear and its habitat in the Northern Continental Divide Ecosystem (NCDE) will be guided by the Conservation Strategy for Grizzly Bears in the Northern Continental Divide Ecosystem (NCDE Conservation Strategy). The department and federal land management agencies will endorse and commit themselves to the NCDE Conservation Strategy by entering into a memorandum of understanding detailing their agreement to implement it. The department will be a signatory to the implementation memorandum.

(2) The department and the commission shall, within their lawful authority to do so, maintain the recovered status of the grizzly bear in the NCDE by implementing interagency cooperation, population and habitat management and monitoring, and other provisions of the NCDE Conservation Strategy in accordance with the responsibilities described therein.

(3) As described in the NCDE Conservation Strategy, the commission adopts the following demographic objectives. The department shall:

(a) maintain a well-distributed grizzly bear population within the demographic monitoring area as described in the NCDE Conservation Strategy and maintain the documented presence of females with offspring in at least 21 of 23 bear management units of the primary conservation area and in at least six of seven occupancy units of Zone 1 at least every six years. Adherence to this objective will be evaluated by monitoring the presence of females with offspring (cubs, yearlings, or 2-year-olds) within defined geographic units of the NCDE;

(b) manage mortalities from all sources, including hunting and the loss of grizzly bears by translocation out of the NCDE, to support an estimated probability of at least 90% that the grizzly bear population within the demographic monitoring area remains above 800 bears, considering the uncertainty associated with all of the demographic parameter and further manage mortality against a 6-year running average within the following threshold objectives:

(i) maintain estimated annual survival rate of independent females within the demographic monitoring area of at least 90% and a rate at or above the minimum level consistent with a projected probability of at least 90% that the population within the demographic monitoring area will remain above 800 bears based on population modeling;

(ii) limit annual estimated number of total reported and unreported mortalities of independent females within the demographic monitoring area to a number that is no more than 10% of the number of independent females estimated within the demographic monitoring area based on population modeling and a number that is at or below the maximum level consistent with a projected probability of at least 90% that the population within the demographic monitoring area will remain above 800 bears based on population modeling; and

(iii) limit annual estimated number of total reported and unreported mortalities of independent males within the demographic monitoring area to a number that is no more than 15% of the number of independent males estimated within the demographic monitoring area based on population modeling;

(i) estimating spatial distribution of the NCDE grizzly bear population biennially; and

(ii) identifying the population of origin for individuals sampled inside and outside of the demographic monitoring area to detect movements of individuals to and from other populations or recovery areas.

(4) Hunting would cease if the probability that the grizzly bear population remains above 800 within the demographic monitoring area falls below 90% and would not resume until the probability is 90% or greater that the population of bears remains above 800.

(5) Hunting will not be allowed in a year if mortality thresholds as described in (3)(b)(ii) or (iii) were exceeded in the previous year.

History

Authorizing statute(s): 87-1-301, MCA
Implementing statute(s): 87-1-201, 87-1-301, MCA
History: NEW, 2018 MAR p. 2497, Eff. 12/22/18; AMD, 2022 MAR p. 1802, Eff. 9/24/22.

Mont. Admin. R. 12.9.1404 Definitions

(1) "Authorized person" means any individual given written or verbal authority by the livestock owner, or who is authorized by name on a permit to take a grizzly bear. This does not include department staff or wildlife services' staff.

(2) "Confirmed grizzly bear mortality" means a situation where a grizzly bear carcass is present.

(3) "Demographic monitoring area" or "DMA" is the area within which the grizzly bear population is monitored, where population estimates are derived, and within which the mortality threshold will apply.

(4) "Department" means Montana Fish, Wildlife and Parks.

(5) "Department director" means Montana, Fish, Wildlife and Parks' director.

(6) "Investigate" or "investigation" means a fact-gathering and analytical activity conducted to determine the facts relating to a reported incident and to assess a fitting non-lethal or lethal management response.

(7) "Non-lethal and preventative measures" means actions to prevent or reduce conflict that are not intended to injure or kill a grizzly bear.

(8) "Probable grizzly bear mortality" means a situation where there is sufficient evidence of grizzly bear blood, hair, and other grizzly bear tissues, to support a finding of death.

(9) "Take" or "taken" means the confirmed and probable killing of a grizzly bear by firearm.

(10) "Wildlife services" means the United States Department of Agriculture – Animal and Plant Health Inspection Service.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-5-301, 87-6-106, MCA
History: NEW, 2024 MAR p. 60, Eff. 1/13/24.

Mont. Admin. R. 12.9.1405 Grizzly Bear Management Objective

(1) The department will implement management strategies to ensure that grizzly bears continue to thrive and are integrated as a valuable part of Montana's wildlife heritage. The department will manage grizzly bears to ensure that recovery is maintained. The department's grizzly bear management objective is to maintain and enhance Montana's contribution to the grizzly bear population in the lower-48 states and the grizzly bear's connectivity between populations in and outside Montana.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-1-201, 87-1-301, MCA
History: NEW, 2024 MAR p. 60, Eff. 1/13/24.

Mont. Admin. R. 12.9.1406 The Quota and Establishing and Adjusting the Quota

(1) For each delisted ecosystem, the commission will establish an annual quota for the number of delisted grizzly bears that may be taken by a livestock owner or other authorized person, whether permitted or not, pursuant to 87-5-301, MCA. The commission shall consider relevant factors, including information provided to the commission by the department in the grizzly bear annual report, the most recent grizzly bear population estimate, the mortality threshold, and previous quotas. The quota pertains to both within and outside of the DMA.

(2) Grizzly bears taken by the department, wildlife services, or an individual person in self-defense do not count towards the quota.

(3) Information concerning the quota will be made public via the department's website.

(4) When the quota is met, the department will make a public announcement, via its webpage and social media page. The quota will officially close at 11:59 p.m., the same day the department's notice is made.

(5) Any individual who takes a grizzly bear after the quota is closed may be subject to criminal penalties, pursuant to 87-6-201, 87-6-413, 87-6-905, and 87-6-907, MCA, as applicable, and the deceased bear(s) will be recognized in determining the next year's available quota.

(6) If the commission determines that circumstances require an adjustment to the total number of grizzly bears taken, pursuant to 87-5-301(3), MCA, then it may, at any time prior to the quota being met, adjust the quota.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-5-301, 87-6-106, MCA
History: NEW, 2024 MAR p. 60, Eff. 1/13/24.

Mont. Admin. R. 12.9.1407 The Mortality Threshold

(1) The mortality threshold(s) is/are the maximum annual number of grizzly bear mortalities, within the DMA, that the population(s) can withstand while maintaining recovery levels. These recovery levels are described in the ecosystem conservation strategies.

(2) All grizzly bear mortalities within the DMA will count toward the relevant mortality threshold(s).

(3) Information concerning the mortality threshold will be made public via the department's website.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-5-301, 87-6-106, MCA
History: NEW, 2024 MAR p. 60, Eff. 1/13/24.

Mont. Admin. R. 12.9.1408 Grizzly Bear Mortalities That Apply to the Quota and the Mortality Threshold

(1) A delisted grizzly bear taken within the DMA, pursuant to 87-5-301(3) and (4), MCA, counts towards the relevant quota and the relevant mortality threshold.

(2) The quota and the total mortalities counted towards the mortality threshold include confirmed and probable grizzly bear mortalities.

(3) If a female grizzly bear with a cub or cubs of the year is taken, both the female grizzly bear and the cub(s) will count towards the quota. If the mortalities are within the DMA, they will also count towards the mortality threshold.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-5-301, 87-6-106, MCA
History: NEW, 2024 MAR p. 60, Eff. 1/13/24.

Mont. Admin. R. 12.9.1409 If a Delisted Grizzly Bear Population Overlaps Two or More States

(1) If a delisted grizzly bear population overlaps two or more states, the mortality threshold will be apportioned by a percentage allocated to each state involved, and the quota will consider the percentage allocated to Montana.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-5-301, 87-6-106, MCA
History: NEW, 2024 MAR p. 60, Eff. 1/13/24.

Mont. Admin. R. 12.9.1410 Allowable Lethal Management of the Grizzly Bear

(1) The commission authorizes the department to use lethal control of depredating grizzly bears.

(2) Pursuant to 87-5-301(3), MCA, a livestock owner or other authorized person may take, without a permit or license, a delisted grizzly bear that is attacking or killing livestock. Take by a livestock owner or other authorized person is limited to those areas that a livestock owner's livestock are legally authorized to be.

(3) Pursuant to 87-5-301(4) and 87-6-106(4), MCA, the department director or designee may issue a permit to a person, livestock owner, or other authorized person to take a delisted grizzly bear, under the following circumstances and conditions:

(a) when the department makes the determination that the grizzly bear is threatening livestock or poses a threat to humans;

(b) when the department makes the determination that the grizzly bear was not purposefully or intentionally fed or baited; and

(c) if on public land, when the livestock owner has demonstrated an effort to utilize one or more non-lethal and preventative measures as determined by the department director or designee.

(4) A permit issued pursuant to 87-5-301(4) and 87-6-106(4), MCA, to a person, livestock owner, or other authorized person must identify the following:

(a) the permittee's name;

(b) the permit's duration and expiration date;

(d) the rationale for issuing the permit; and

(e) that the permit is applicable to one delisted grizzly bear.

(5) If a person, livestock owner, or other authorized person, whether permitted or not, takes or injures a delisted grizzly bear, pursuant to 87-5-301(3) and (4) or 87-6-106(4), MCA, they shall:

(a) notify the department within 24 hours;

(b) leave the grizzly bear carcass, if any, where it lay;

(d) preserve the area surrounding the grizzly bear carcass, if any; and

(e) surrender the grizzly bear carcass, if any, to the department.

(6) A person, livestock owner, or other authorized person, who purposefully injures or kills a delisted grizzly bear by any other means, besides a firearm, is subject to criminal penalties, pursuant to 87-6-201, MCA.

(7) Pursuant to 87-5-301(4)(b) and 87-6-106(4), MCA, the department has the discretion to lethally remove a delisted grizzly bear. If a delisted grizzly bear is lethally removed by department or wildlife services' staff, after conducting an on-site investigation, the delisted grizzly bear does not count towards the quota. However, if the lethal removal occurred inside of the DMA, the delisted grizzly bear will count towards the mortality threshold.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-5-301, 87-6-106, MCA
History: NEW, 2024 MAR p. 60, Eff. 1/13/24.

Mont. Admin. R. 12.9.1411 Allowable Non-Lethal and Preventative Measures of the Grizzly Bear

(1) As allowed by 87-5-301 and 87-6-106(4), MCA, control of the grizzly bear includes a variety of non-lethal and preventative measures intended to decrease risk of, prevent, or resolve a conflict without killing the grizzly bear in question. Allowable non-lethal and preventative measures include, but are not limited to:

(a) husbandry practices, including, but not limited to, electric fencing, increased human presence, herding, or guarding animals, night pens, carcass removal, alternative pastures, amended pasture or grazing rotations, or supplemental feed;

(b) the department's placement of a radio collar to facilitate increased monitoring of the grizzly bear;

(d) intentional harassment;

(e) electric fencing of bone yards;

(f) working with interested individual livestock owners and private landowners, watershed groups, interested groups, and state and federal land managing agencies to provide technical assistance and to assist with selection and implementation of proactive non-lethal controls on both public and private lands when and where livestock are present, either seasonally or yearlong; and

(g) the department's capture and relocation of the grizzly bear.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-5-301, MCA
History: NEW, 2024 MAR p. 60, Eff. 1/13/24.

Mont. Admin. R. 12.9.1412 Baiting Grizzly Bears and Normal Livestock and Agricultural Operations

(1) A person may not intentionally bait a grizzly bear. Normal livestock and agricultural operations are not considered baiting.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-5-301, MCA
History: NEW, 2024 MAR p. 60, Eff. 1/13/24.

Mont. Admin. R. 12.9.1413 Requirement to Manage Any Delisted Grizzly Bear Population for Five Years Prior to a Hunting Season

(1) The department shall manage any delisted grizzly bear population for at least five years from the time of delisting prior to proposing any hunting season for delisted grizzly bears.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-5-301, MCA
History: NEW, 2024 MAR p. 60, Eff. 1/13/24.

Mont. Admin. R. 12.9.1414 Grizzly Bear Annual Report

(1) The department shall generate and publish a grizzly bear annual report starting the first year after either the Northern Continental Divide Ecosystem or the Greater Yellowstone Ecosystem is delisted and will continue thereafter.

(2) The grizzly bear annual report will include:

(a) the population estimate and previous year's mortalities for delisted populations;

(b) the methods used by department personnel to monitor grizzly bears and develop population estimates;

(c) information concerning connectivity and genetic exchange between the Northern Continental Divide Ecosystem and the Greater Yellowstone Ecosystem;

(d) description of mortality sources and potential for future population level impacts;

(e) the number, types, and general locations of human-bear conflicts; and

(f) outreach and education efforts made by the department.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-5-301, MCA
History: NEW, 2024 MAR p. 60, Eff. 1/13/24.

Mont. Admin. R. 12.9.1415 Genetic and Population Augmentation

(1) Upon delisting, the department shall continue to translocate grizzly bears between the Northern Continental Divide Ecosystem, the Greater Yellowstone Ecosystem, and other grizzly bear populations for genetic and population augmentation. The department will continue to conduct genetic sampling, as necessary, when handling bears, and will analyze those samples to evaluate genetic diversity and connectivity between populations and the need for continued efforts.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-5-301, MCA
History: NEW, 2024 MAR p. 60, Eff. 1/13/24.

Mont. Admin. R. 12.9.1416 Date of Effect and Applicability

(1) ARM 12.9.1404 through 12.9.1416 only apply to grizzly bear populations that have been delisted by the United States Fish and Wildlife Service and take effect upon the date that said populations are delisted and no longer subject to federal jurisdiction under the Endangered Species Act, 16 U.S.C. 1531, et seq.

History

Authorizing statute(s): 87-1-201, 87-1-301, MCA
Implementing statute(s): 87-5-301, MCA
History: NEW, 2024 MAR p. 60, Eff. 1/13/24.

Subchapter 12.9.16 Wildlife Habitat Improvement Program

Mont. Admin. R. 12.9.1601 Definitions

In addition to the definitions provided in 87-5-802, MCA, the following definitions apply to this subchapter:

(1) “Conservation gain” means the anticipated improvement in population, trend, or distribution for a species of conservation need.

(2) “Habitat uplift” means restoring habitats from a degraded or less optimal condition to a more desirable condition, especially a condition with greater ecological function.

(3) “Measurable objective” means a specific, quantifiable, and time-bound standard used to evaluate the effectiveness of a project to restore, rehabilitate, enhance, improve, or manage land or waters as wildlife habitat, or to generate conservation gain for species of conservation need.

(4) "Priority habitat" means ecological settings or ecosystems that provide unique, high-value habitat that is important to one or more species of conservation need.

(5) "Project area" means the land or water comprising the proposed habitat improvement, enhancement, restoration, or conservation project and where the anticipated benefits are located, such as a watershed, ecological unit, or other defined area.

(6) "Project sponsor" means a state, federal, tribal, or government agency; a municipal or county agency, including conservation districts, weed control districts, irrigation districts, and grazing associations; a non-profit organization or other organization, or an individual, either public or private, administering a project.

(7) “Public access” means that the public has the opportunity to participate in hunting, fishing, or other wildlife-related recreational activities on lands included in the project area.

(8) “Species of conservation need” means a species that is considered at-risk due to declining population trends, threats to their habitats, restricted distribution, or other factors; or other species that are recognized by the state of Montana for their ecological, economic, or recreational values.

History

Authorizing statute(s): 87-5-808, MCA
Implementing statute(s): 87-5-803, 87-5-804, 87-5-805, 87-5-806, 87-5-807, MCA
History: NEW, 2018 MAR p. 632, Eff. 3/31/18; AMD, 2024 MAR p. 1453, Eff. 6/22/24; AMD, 2026 MAR, Notice No. 2025-274, Eff. 3/21/26.

Mont. Admin. R. 12.9.1603 Application Procedure

(1) The department will solicit grant proposals on an annual basis, with additional proposals solicited if funding is available, on another date established by the department. The department may reject proposals with incomplete information.

(2) The applicant may request assistance from the department in completing the application. The department will provide such assistance, the level of which will be determined by availability of staff and funds.

(3) The department will review and provide analysis to the advisory council regarding adherence to eligibility and application requirements. The advisory council will evaluate, rank, and recommend proposed projects and funding. Their recommendations will be provided to the department for final review and decision on funding. The applicant will receive written notification from the department and the council regarding the outcome of their proposal.

History

Authorizing statute(s): 87-5-808, MCA
Implementing statute(s): 87-5-803, 87-5-804, 87-5-805, 87-5-806, 87-5-807, MCA
History: NEW, 2018 MAR p. 632, Eff. 3/31/18; AMD, 2024 MAR p. 1453, Eff. 6/22/24; AMD, 2026 MAR, Notice No. 2025-274, Eff. 3/21/26.

Mont. Admin. R. 12.9.1604 Grant Applications

(1) Grant applications must address how projects would create habitat uplift or net conservation gain for species of conservation need or restore, rehabilitate, improve, or manage land or water as wildlife or aquatic habitat through habitat improvement or conservation. All applications must contain the following criteria:

(a) the name, address, and telephone number of the project sponsor, project manager, and liaison (if different from the manager);

(b) the title or name of the proposed project;

(d) the total grant amount requested;

(e) the location and size (area) of the proposed project and maps depicting the specific location of the project area, and ownership of participating lands;

(f) a brief description of the history and background of the project;

(g) a list of the species of conservation need expected to benefit from habitat improvement projects and a description of how those species are expected to benefit;

(h) a description of the need and urgency of the proposed project, including details of how the project would do one or more of the following:

(i) improve, conserve, protect, or maintain terrestrial or aquatic habitats;

(ii) water enhancement projects to benefit aquatic habitat and allow for other watershed enhancements that benefit fish, wildlife, and water conservation;

(iii) improve, maintain, or restore range conditions and increase drought resilience;

(iv) address and mitigate detrimental impacts to wildlife habitat and the environment, and improve the condition of the land due to noxious weeds, soil disturbance, or loss of diverse habitat communities;

(v) mitigate conflicts and reduce the potential for disease transmission between wildlife and domestic livestock;

(vi) support activities and employees of the state tribal wildlife programs or create habitat uplift and net conservation gain for species of conservation need;

(i) a description of the measurable objectives of the project;

(j) a description of public access to participating lands within the project area if public access is provided as a part of the proposal;

(k) any other information deemed relevant by the department, which is included in the project application;

(l) a funding plan as described in (2);

(m) a timeline and schedule for completion of the proposed project, including start dates and expected completion dates; and

(n) a statement that the project sponsor, if the grant receives approval, is willing to enter a contract with the department for utilization of grant funds and required documentation, reporting, and monitoring.

(2) The funding plan must include the following:

(a) the amount of funding contribution requested from the Wildlife Habitat Improvement Program, and the total amount of funding and in-kind contributions necessary to complete the project;

(b) a breakdown of the cost components used to estimate the funding request;

(c) a timeline detailing expected funding needs for the duration of the project, including any advance payments that may be requested; and

(d) If multiple partners are involved in a proposed project:

(i) a list of partners and their respective cash commitments ;

(ii) a list of leveraged funds and in-kind contributions; and

(iii) signed letters of commitment from each funding partner that identifies their role in the partnership, the source and amount of funds committed, and other in-kind contributions toward the proposed project.

(3) Grant funds may not be used to acquire perpetual easements or lands in fee title.

History

Authorizing statute(s): 87-5-808, MCA
Implementing statute(s): 87-5-803, 87-5-804, 87-5-805, 87-5-806, 87-5-807, MCA
History: NEW, 2018 MAR p. 632, Eff. 3/31/18; AMD, 2024 MAR p. 1453, Eff. 6/22/24; AMD, 2026 MAR, Notice No. 2025-274, Eff. 3/21/26.

Mont. Admin. R. 12.9.1605 Grant Application Scoring and Ranking

(1) Scoring criteria are the primary guide for ranking applications and for the determination of grant viability. The department and advisory council will develop specific scoring guidance. Additional factors outside of the scoring criteria may be considered. Applications that meet minimum qualifications will receive a score based on the following criteria:

(a) The project would support the recovery of degraded habitats through improvement, restoration, or enhancement efforts, or otherwise provide habitat uplift to or conservation gain to species of conservation need.

(b) The application identifies priority habitats and/or species of conservation need expected to benefit from the project.

(c) The geographic and temporal scope of the project. Projects impacting larger areas, across multiple landownerships, or with benefits over longer time scales will be given greater consideration than those with small-scale or short-term impacts.

(d) If a project area provides public access, it will be given priority over projects that do not.

(e) The amount of additional funding and in-kind contributions provided by project partners to complete the project. Projects providing greater amounts of outside-cost-sharing funds will be scored higher.

(f) The number of additional partners involved in project funding, planning, implementation, and monitoring.

(g) The grant application contains measurable objectives to evaluate project efforts and success.

(2) Before review by the council, the department will review and provide analysis to the advisory council regarding application completeness and adherence to eligibility and application requirements.

(3) The council will make funding recommendations to the department based upon their review, scores, and ranking. Council funding recommendations need not be based solely on ranking scores. They may consider components of applications deemed relevant by the council during the review process. The department will make final decisions on which projects will be funded.

History

Authorizing statute(s): 87-5-808, MCA
Implementing statute(s): 87-5-803, 87-5-804, 87-5-805, 87-5-806, 87-5-807, MCA
History: NEW, 2018 MAR p. 632, Eff. 3/31/18; AMD, 2024 MAR p. 1453, Eff. 6/22/24; AMD, 2026 MAR, Notice No. 2025-274, Eff. 3/21/26.

Mont. Admin. R. 12.9.1606 Grants

(1) Grants may not exceed five years in duration. After the first year, funding allocations and reimbursements will depend on the satisfactory completion of grant award requirements in the previous year.

(2) Upon request of the grantee, the department may extend the total length of a grant by up to two years to expend funds and accomplish the goals detailed in the grant. The department may approve or deny requests for extension based on a determination of the grantee’s ability to complete the work within the additional time frame or other factors the department deems relevant.

(3) Grants will be on a reimbursable basis. Distribution of funds will be based on documented, eligible expenses up to the amount awarded.

(4) All requests for reimbursement must be supported by original invoices, receipts, proof of expenses, or proof of conservation activity verified by department personnel that the work has been satisfactorily completed.

(a) After a grant is awarded, at the request of the grantee, the department may make an advance distribution of funds of up to 50% of the total grant amount. Advance payment requests must include an estimated cost breakdown and timeline, or other detailed explanation of the request and plans for expenditure. Advance payment may be allocated at annual intervals or as one lump sum.

(b) Reimbursement of additional grant expenses before verification of the advance funds being fully expended is received will be at the discretion of the department.

(5) If applicable, evidence of landowner permission to conduct conservation projects on private lands will be provided to the department before the work is performed.

(6) Minimum criteria to qualify for a grant serve as a basis for competitive review of proposals:

(a) the project area includes ecologically important wildlife habitat that is in need of improvement, enhancement, or restoration;

(b) the project would have a reasonable probability of habitat improvement or providing conservation gain to species of conservation need;

(c) if applicable, the proposal provides a detailed description of activities and a funding plan for any employees of state tribal wildlife programs that grant dollars will fund;

(d) if applicable, the proposal provides a detailed description and strategic plan for how grant funds will be used to mitigate conflicts and reduce potential disease transmission for wildlife and domestic livestock; and

(e) the department may determine if the individual, organization, or agency can administer a grant or contract in the amount requested.

(7) An annual report detailing work completed, results achieved towards meeting measurable objectives, and cost breakdown will be provided at the end of each calendar year. Annual reports will be submitted promptly to the department, documenting the progress of the habitat projects and expenditures. A final project completion report summarizing the work completed and accomplishments related to the grant’s measurable objectives will be submitted before final payment is made.

(8) Projects that have reached the maximum grant duration are eligible to apply for additional funding by submitting a new grant application for consideration.

History

Authorizing statute(s): 87-5-808, MCA
Implementing statute(s): 87-5-803, 87-5-804, 87-5-805, 87-5-806, 87-5-807, MCA
History: NEW, 2018 MAR p. 632, Eff. 3/31/18; AMD, 2024 MAR p. 1453, Eff. 6/22/24; AMD, 2026 MAR, Notice No. 2025-274, Eff. 3/21/26.

Chapter 12.10 Conservation Education Division

Subchapter 12.10.1 Shooting Range Development Grants

Mont. Admin. R. 12.10.103 Grant Application Procedure

(1) To apply for a shooting range development grant, an applicant must prepare and submit a completed application to the department's Conservation Education Bureau in Helena. For questions and assistance contact:

(2) Applications must be postmarked on or before February 1.

(3) If the applicant is a private club or organization, the applicant must submit a club or organization resolution that approves the application for financial assistance, the project proposal, the commitment to allow public and hunter education program use of the facilities, and certifies the applicant's ability to provide matching funds or in-kind contributions.

(4) Applicants receiving preliminary approval must enter into a shooting range development project agreement with the department before the department gives final approval and disburses grant funds. The agreement shall delineate the terms the applicant must abide by under applicable statutes, administrative rules, and state and department policy. Department final approval of an agreement is contingent upon the EA decision notice.

Department of Fish, Wildlife and Parks

Conservation Education Bureau

1420 East Sixth Avenue

P.O. Box 200701

Helena, MT 59620

Phone (406) 444-3188

History

Authorizing statute(s): 87-1-201, 87-1-279, MCA
Implementing statute(s): 87-1-201, 87-1-276, 87-1-277, 87-1-278, 87-1-279, 87-2-105, MCA
History: NEW, 1992 MAR p. 1143, Eff. 5/29/92; AMD, 1996 MAR p. 1836, Eff. 7/4/96; AMD, 2003 MAR p. 1986, Eff. 9/12/03; AMD, 2011 MAR p. 101, Eff. 1/28/11; AMD, 2014 MAR p. 2453, Eff. 10/10/14.

Mont. Admin. R. 12.10.104 Reimbursement of Costs

(1) All billing on a proposed project must be completed by June 15 of the fiscal year the money is awarded.

(2) Reimbursement requests will be based upon actual costs or in-kind contributions, verified by receipts and documentation that the work was completed.

(3) With prior approval, the department will consider situations where work cannot be completed until funds are received. Which situations constitute a special circumstance or hardship, requiring dispersal of grant funds in advance, is at the department's discretion.

(4) Per 87-1-278, MCA, existing assets and shooting range developments may not be applied to the matching funds or in-kind contributions. Existing assets and shooting range developments are fixed improvements to the shooting range owned or made prior to the application deadline.

History

Authorizing statute(s): 87-1-201, 87-1-279, MCA
Implementing statute(s): 87-1-201, 87-1-276, 87-1-278, 87-1-279, 87-2-105, MCA
History: NEW, 1992 MAR p. 1143, Eff. 5/29/92; AMD, 2003 MAR p. 1986, Eff. 9/12/03; AMD, 2014 MAR p. 2453, Eff. 10/10/14.

Mont. Admin. R. 12.10.105 Land Acquisition

(1) Shooting range grant funds may be used to purchase public or private land for the purpose of a shooting range. Fee title or an equitable interest in the land must be held by the applicant. The applicant must provide evidence that other adequate land is not available for lease. A copy of the purchase agreement, an appraisal from a qualified appraiser and a commitment for title insurance must be submitted prior to dispersal of grant funds. If funding is provided for the purchase of land, the department must be listed as a reversionary interest on the property title. Section 87-1-278 , MCA, sets forth the conditions that trigger a diversionary interest. Funding assistance will be provided at a maximum 50% state, 50% applicant matching basis, not to exceed 30% of available program funds for the state share.

History

Authorizing statute(s): 87-1-201, 87-1-279, MCA
Implementing statute(s): 87-1-201, 87-1-276, 87-1-277, 87-1-278, 87-1-279, 87-2-105, MCA
History: NEW, 1992 MAR p. 1143, Eff. 5/29/92; AMD, 2003 MAR p. 1986, Eff. 9/12/03.

Mont. Admin. R. 12.10.106 Inspections

(1) The department may conduct periodic on-site inspections.

(2) Project sites will be subject to inspection by the department for ten years following receipt of a shooting range development grant.

(3) Upon completion of the work, the applicant must submit proof of the completed project.

History

Authorizing statute(s): 87-1-201, 87-1-279, MCA
Implementing statute(s): 87-1-201, 87-1-276, 87-1-277, 87-1-278, 87-1-279, 87-2-105, MCA
History: NEW, 1992 MAR p. 1143, Eff. 5/29/92; AMD, 2003 MAR p. 1986, Eff. 9/12/03; AMD, 2011 MAR p. 101, Eff. 1/28/11.

Mont. Admin. R. 12.10.110 Required Information for Grant Applications

(1) Each shooting range grant application must contain a comprehensive description of the proposed project. The information presented in the description will be used by the department to review, evaluate, and prioritize applications. The description must provide:

(a) statement of need and benefit for the proposed project, including:

(i) plans to enhance safety;

(ii) hunter education;

(iii) access by persons with disabilities;

(iv) use by a variety of shooters (archery, shotgun, rifle, pistol); and

(v) availability to the public;

(b) work to be completed, including:

(i) a calendar with completion dates, budget (including cost estimates and in-kind contributions); and

(i) location of proposed work/facilities;

(ii) existing development/facilities;

(iii) north orientation arrow;

(iv) access route(s) to the project;

(v) safety zones and impact areas; and

(vi) current photographs of the proposed project area.

(2) The applicant must submit satisfactory documentation of a long-term lease, easement, or ownership of the land where the project is proposed. Long-term leases are those with terms of ten years or more with option for renewal. Lease with terms of less than ten years may qualify only under special circumstances.

History

Authorizing statute(s): 87-1-278, 87-1-279, MCA
Implementing statute(s): 87-1-278, 87-1-279, MCA
History: NEW, 2003 MAR p. 1986, Eff. 9/12/03.

Mont. Admin. R. 12.10.112 Grant Priority

(1) As long as funds are sufficient to allocate grants to all eligible applicants, grants will be awarded beginning on July 1 of each year.

(2) When the department receives more eligible applications for grants than funds are available, the department may include, but is not limited to, the following criteria to disperse funds and approve grants:

(a) needs of the community determined by distance to applicant shooting range and annual club membership/range use;

(b) population of the county compared with numbers of shooting ranges allowing public use within the county;

(d) types of firearms and archery equipment that can be used at the proposed project;

(e) range safety improved as a result of the proposed project; and

(f) impacts to the human environment.

History

Authorizing statute(s): 87-1-279, MCA
Implementing statute(s): 87-1-277, 87-1-278, 87-1-279, MCA
History: NEW, 2003 MAR p. 1986, Eff. 9/12/03; AMD, 2011 MAR p. 101, Eff. 1/28/11.

Chapter 12.11 Recreational Water Use

Subchapter 12.11.1 Western Fishing District

Mont. Admin. R. 12.11.101 Definitions

The following definitions apply to this subchapter:

(1) "No wake" means a speed whereby there is no "white" water in the track or path of the vessel or in created waves immediate to the vessel.

(2) "Public lakes and public reservoirs" means lakes and reservoirs that are legally accessible to the public.

(3) "Western fishing district" means all waters in the state west of the continental divide. A map of the western fishing district is found in the booklet entitled Montana Fishing Regulations published by the department.

History

Authorizing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 23-1-501, 87-1-303, MCA
History: NEW, 2000 MAR p. 2975, Eff. 10/27/00.

Mont. Admin. R. 12.11.106 No Wake Restrictions

(1) Persons traveling faster than no wake speed in areas restricted to no wake speed shall be in violation of the rule unless one of the following circumstances apply:

(a) official patrol and search and rescue operations; or

(b) scientific purposes or special events with the director's prior written approval.

History

Authorizing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 23-1-501, 87-1-303, MCA
History: NEW, 2000 MAR p. 2975, Eff. 10/27/00.

Mont. Admin. R. 12.11.110 Western Fishing District Lakes 35 Acres or Less

(1) All watercraft operating on public lakes and public reservoirs in the western fishing district which contain 35 acres or less of surface water are limited to a controlled no wake speed as defined in ARM 12.11.101.

(a) the department shall determine lake size by means of the 1:100,000 scale hydrography layer within the department's geographic information system (GIS).

(b) the department shall determine landownership by means of the 1:100,000 scale landownership layer within the department's GIS and any other methods available to the department.

(2) An alphabetical list of the waters determined by the department pursuant to (1)(a) and (1)(b) of this rule to be restricted by this rule is found in the department's publication entitled Montana Boating Laws (May 2001 ed.), and this list is incorporated by reference as part of this rule. Montana Boating Laws may be obtained by contacting the nearest department regional office or by telephoning the request to (406) 444-4041 or by sending a written request to Department of Fish, Wildlife and Parks, Conservation Education, 1420 East 6th Avenue, P.O. Box 200701, Helena, MT 59620-0701.

(3) Any more specific regulations adopted by the commission pertaining to bodies of water affected by this rule are controlling.

(4) This rule is effective May 15, 2001.

History

Authorizing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 23-1-501, 87-1-303, MCA
History: NEW, 2000 MAR p. 2975, Eff. 5/15/01.

Mont. Admin. R. 12.11.115 No Wake Zones for Lakes Greater Than 35 Acres in the Western Fishing District

(1) This rule applies to any public lake or reservoir in the western fishing district greater than 35 acres and therefore not regulated in ARM 12.11.110.

(2) All watercraft on public lakes or reservoirs greater than 35 surface acres within the western fishing district are limited to a controlled no wake speed as defined in ARM 12.11.101 from shoreline to 200 feet from the shoreline. The following are exceptions under this rule:

(a) personal watercraft which must maintain a certain minimum operating speed to remain upright and maneuver in the water may travel at that minimum operating speed following the most direct route through the no wake zone to and from shore;

(b) motorized watercraft towing a water skier from or to a dock or the shore, except watercraft falling under this exception must travel the most direct route through the no wake zone to and from the dock or shore;

(d) Horseshoe Lake located within the Thompson Chain of Lakes, Lincoln County;

(e) Lake Five located in Flathead County;

(f) Loon Lake located within the Thompson Chain of Lakes, Lincoln County;

(g) Lower Thompson Lake located within the Thompson Chain of Lakes, Lincoln County;

(h) McGregor Lake located within the Thompson Chain of Lakes, Flathead County;

(i) Middle Thompson Lake located within the Thompson Chain of Lakes, Lincoln County; and

(j) Upper lobe of Upper Thompson Lake located within the Thompson Chain of Lakes, Lincoln County.

(3) Any more specific regulations adopted by the commission pertaining to bodies of water affected by this rule are controlling.

History

Authorizing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 23-1-501, 87-1-303, MCA
History: NEW, 2000 MAR p. 2975, Eff. 5/15/01; AMD, 2010 MAR p. 1287, Eff. 5/28/10.

Mont. Admin. R. 12.11.117 Procedure for Changing Water Safety Restrictions

(1) Except when emergency situations arise as defined in 2-4-303, MCA recreational water use rules ARM 12.11.101, 12.11.106, 12.11.110, 12.11.115, and 12.11.117 shall be reviewed annually for consideration of any changes through the repeal, amendment or adoption of new rules. Any individual or entity requesting changes to ARM 12.11.101, 12.11.106, 12.11.110, 12.11.115 and 12.11.117 shall postmark or hand deliver their written request and petition to the commission secretary no later than September 30.

(2) An individual or entity may petition the commission to remove or amend the restrictions on a body of water affected by ARM 12.11.110 and 12.11.115 by doing the following:

(a) completing a petition requesting the change on forms provided by the department or by using sample form 3 found in the Administrative Rules of Montana, Title 1, chapter 3, Model Rules; and

(b) submitting to the commission secretary, no earlier than August 1 and no later than September 30 of each year, the petition referred to in (a) with a written request to have the proposed rule change included on the commission agenda.

(3) The commission may remove, amend, or adopt restrictions on the body of water specified by the petition.

(4) The department and commission recognize that under 2-4-315, MCA, a response to a rulemaking petition must be made within 60 days after submission of a petition by initiating rulemaking proceedings or denying the petition. This rule constitutes the manner in which the commission will respond to petitions for rulemaking regarding ARM 12.11.101, 12.11.106, 12.11.110, 12.11.115 and 12.11.117:

(a) except when emergency situations arise as defined in 2-4-303, MCA the commission will respond to all rulemaking petitions regarding ARM 12.11.101, 12.11.106, 12.11.110, 12.11.115 and 12.11.117 received on or after August 1 or on or before September 30 by beginning rulemaking proceedings or issuing a written denial of the petition; and

(b) except when emergency situations arise as defined in 2-4-303, MCA the commission will respond to all rulemaking petitions regarding ARM 12.11.101, 12.11.106, 12.11.110, 12.11.115 and 12.11.117 received before August 1 or after September 30 by issuing a written denial but informing the petitioner that the issue will be placed on the commission agenda for discussion at the next commission meeting. If the commission deems it appropriate, rulemaking on the issue may begin after September 30.

History

Authorizing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 23-1-501, 87-1-303, MCA
History: NEW, 2000 MAR p. 2975, Eff. 10/27/00.

Subchapter 12.11.2 Recreational Use of the Beaverhead and Big Hole Rivers

Mont. Admin. R. 12.11.202 River Definitions

The following definitions apply to this subchapter:

(1) "Beaverhead River" means that portion of the river from its headwaters to Jessen Park in Twin Bridges.

(2) "Big Hole River" means the river from its headwaters to its confluence with the Jefferson River.

(3) "Float fishing" means any fishing from a boat and wade fishing when fishing access is gained by boat.

(4) "Float outfitting" means the operation of any boat for the commercial purpose of float fishing by a fishing guide or fishing outfitter.

(5) "Guide" means a person as defined in 37-47-101, MCA.

(6) "Official access site" means those river access sites that are managed and maintained as an access point for public use. The following are official access sites on the Big Hole River:

(a) High Road fishing access site;

(b) Pennington fishing access site;

(d) Glen fishing access site;

(e) Brownes Bridge fishing access site;

(f) Salmon Fly at Melrose fishing access site;

(g) Maiden Rock FWP fishing access site;

(h) Maiden Rock BLM recreation site;

(i) Divide Bridge BLM recreation site;

(j) Power House fishing access site;

(k) George Grant/Dewey fishing access site;

(l) Jerry Creek Bridge BLM recreation site;

(m) Dickie Bridge BLM recreation site;

(n) East Bank BLM recreation site;

(o) Sportsman Park fishing access site;

(p) Fishtrap fishing access site; and

(q) Mudd Creek Bridge BLM recreation site.

(7) "Outfitter" means a person as defined in 37-47-101, MCA.

(8) "One-boat outfitter" means an outfitter who operates no more than one boat and is the sole guide. An outfitter may operate as a one-boat outfitter on the Beaverhead River while operating as a multi-boat outfitter on the Big Hole River and other rivers. An outfitter may operate as a one-boat outfitter on the Big Hole River while operating as a multi-boat outfitter on the Beaverhead River and other rivers.

(9) "Temporary client days" means client days that are available to one-boat outfitters.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2003 MAR p. 759, Eff. 4/25/03; AMD, 2005 MAR p. 917, Eff. 6/17/05; AMD, 2010 MAR p. 1726, Eff. 7/30/10.

Mont. Admin. R. 12.11.205 Beaverhead River Recreational Use Restrictions

(1) Starting on the third Saturday in May through Labor Day, recreational use of the Beaverhead River from Clark Canyon Dam to Jessen Park in Twin Bridges shall be allowed and restricted in designated river reaches as follows:

(a) in the river reach from Clark Canyon Dam to Henneberry fishing access site, each outfitter is limited to launching or use within the reach of a maximum of three boats in any day;

(b) in the river reach from Henneberry fishing access site to Barretts Diversion, each outfitter is limited to launching or use within the reach of a maximum of three boats in any day;

(c) in the river reach from Barretts Diversion to Highway 91 South (Tash) Bridge, each outfitter is limited to launching or use within the reach of a maximum of one boat in any day;

(d) the river reach from Highway 91 South (Tash) Bridge to Selway Bridge is closed to any float outfitting; and

(e) in the river reach from Selway Bridge to Jessen Park in Twin Bridges, each outfitter is limited to launching or use within the reach of a maximum of one boat in any day.

(2) Float fishing by nonresidents and float outfitting is limited as follows on the Beaverhead River from the third Saturday in May through Labor Day:

(a) each Saturday float fishing by nonresidents and float outfitting is not permitted on the river reach from High Bridge fishing access site to Henneberry fishing access site; and

(b) each Sunday float fishing by nonresidents and float outfitting is not permitted on the river reach from Henneberry fishing access site to Pipe Organ fishing access site.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2003 MAR p. 759, Eff. 4/25/03; AMD, 2005 MAR p. 917, Eff. 6/17/05; AMD, 2010 MAR p. 1726, Eff. 7/30/10.

Mont. Admin. R. 12.11.206 Use of Temporary Client Days on the Beaverhead River

(1) One-boat outfitters may apply on an annual basis for up to 60 temporary client days on the Beaverhead River unless the outfitter has:

(a) surrendered or transferred client days; or

(b) had a Beaverhead River commercial use permit revoked.

(2) The department shall allocate available temporary client days to one-boat outfitters based on the applicant's experience outfitting or guiding on the Beaverhead River and the number of years the applicant has been a licensed outfitter or guide in Montana.

(3) When allocating temporary client days, the department shall give preference to applicants who were allocated temporary client days on the Beaverhead River the previous year.

(4) One-boat outfitters may use their assigned temporary client days the entire year with no more than two-thirds of the use occurring during the restricted period from July 1 through August 31.

(5) After a one-boat outfitter has used temporary client days for three consecutive years, the number of temporary client days that the one-boat outfitter may apply for in the following year must not exceed the highest number of temporary client days used by that one-boat outfitter in one of the previous three years.

(6) After a one-boat outfitter has used temporary client days for five consecutive years, the department may remove these temporary client days from the pool and allocate them to that one-boat outfitter for his or her use. These client days are then no longer considered temporary client days.

(7) In addition to temporary client days, one-boat outfitters may use nonpool client days that are transferred to them as part of the sale or transfer of an outfitter's business in its entirety. They must remain a one-boat outfitter, however, in order to apply for or retain the use of temporary client days. The transfer of those outfitting businesses that these rules regulate on the Beaverhead River are governed by 37-47-310, MCA.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2005 MAR p. 917, Eff. 6/17/05; AMD, 2016 MAR p. 1054, Eff. 6/18/16.

Mont. Admin. R. 12.11.207 Review of River Recreation Rules for Beaverhead River

(1) The commission shall review the rules governing recreational use on the Beaverhead River every five years.

(2) The statewide rules governing river recreation management shall apply to future recreation management actions on the Beaverhead River.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2005 MAR p. 917, Eff. 6/17/05; AMD, 2010 MAR p. 1726, Eff. 7/30/10.

Mont. Admin. R. 12.11.210 Big Hole River Recreational Use Restrictions

(1) Starting on the third Saturday in May through Labor Day, recreational use of the Big Hole River from its headwaters to Notch Bottom fishing access site shall be allowed and restricted by defining eight river zones with one zone closed to float outfitting each day and with the zone that is restricted on Saturday and the zone that is restricted on Sunday also closed to nonresident float fishing. The eight river zones are defined by river reach and restricted each day of the week as follows:

(a) all seven days of the week, the river reach from the headwaters to Mudd Creek Bridge BLM recreation site is closed to any float outfitting;

(b) each Sunday, the river reach from Divide Bridge BLM recreation site to Salmon Fly fishing access site is closed to any float fishing by nonresidents and to any float outfitting;

(c) each Monday, the river reach from Salmon Fly fishing access site to Glen fishing access site is closed to any float outfitting;

(d) each Tuesday, the river reach from Mudd Creek Bridge BLM recreation site to Fishtrap fishing access site is closed to any float outfitting;

(e) each Wednesday, the river reach from East Bank BLM recreation site to Jerry Creek Bridge BLM recreation site is closed to any float outfitting;

(f) each Thursday, the river reach from Fishtrap fishing access site to East Bank BLM recreation site is closed to any float outfitting;

(g) each Friday, the river reach from Glen fishing access site to Notch Bottom fishing access site is closed to any float outfitting; and

(h) each Saturday, the river reach from Jerry Creek Bridge BLM recreation site to Divide Bridge BLM recreation site is closed to any float fishing by nonresidents and to any float outfitting.

(2) All float users, including each float outfitter, are limited to a total of two launches at or near each official access site per day on the Big Hole River. If a boat is launched at an unofficial site the launch will be counted as occurring at the nearest official site in determining the two-boat limit at or near each official access site.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2003 MAR p. 759, Eff. 4/25/03; AMD, 2005 MAR p. 917, Eff. 6/17/05; AMD, 2010 MAR p. 1726, Eff. 7/30/10.

Mont. Admin. R. 12.11.211 Use of Temporary Client Days on the Big Hole River

(1) One-boat outfitters may apply on an annual basis for up to 60 temporary client days on the Big Hole River unless the outfitter has:

(a) surrendered or transferred client days; or

(b) had a Big Hole River commercial use permit revoked.

(2) The department shall allocate available temporary client days to one-boat outfitters based on the applicant's experience outfitting or guiding on the Big Hole River and the number of years the applicant has been a licensed outfitter or guide in Montana.

(3) When allocating temporary client days, the department shall give preference to applicants who were allocated temporary client days on the Big Hole River the previous year.

(4) One-boat outfitters may use their assigned temporary client days the entire year with no more than two-thirds of the use occurring during the restricted period from June 1 through July 31.

(6) After a one-boat outfitter has used temporary client days for five consecutive years, the department may remove these temporary client days from the pool and allocate them to the one-boat outfitter for his or her use. The client days are no longer considered temporary client days.

(7) In addition to temporary client days, one-boat outfitters may use nonpool client days that are transferred to them as a part of the sale or transfer of an outfitter's business in its entirety. They must remain a one-boat outfitter, however, in order to apply for or retain the use of temporary client days. The transfer of those outfitting businesses that these rules regulate on the Big Hole River are governed by 37-47-310, MCA.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2005 MAR p. 917, Eff. 6/17/05; AMD, 2016 MAR p. 1054, Eff. 6/18/16.

Mont. Admin. R. 12.11.212 Review of River Recreation Rules for the Big Hole River

(1) The commission shall review the rules governing recreational use on the Big Hole River every five years.

(2) The statewide rules governing river recreation management shall apply to future recreation management actions on the Big Hole River.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2005 MAR p. 917, Eff. 6/17/05; AMD, 2010 MAR p. 1726, Eff. 7/30/10.

Mont. Admin. R. 12.11.215 New Outfitter Moratorium and Outfitter Restrictions on the Beaverhead River

(1) An outfitter with documented use of the Beaverhead River prior to December 31, 1998, may continue to operate on the Beaverhead River, except as provided in (2).

(2) An outfitter authorized to outfit on the Beaverhead River forfeits all his/her client days and is no longer authorized to outfit on the Beaverhead River if one or more of the following occur:

(a) an outfitter does not report any use for any two consecutive years, effective June 17, 2005;

(b) an outfitter did not report any use for the five years prior to December 31, 2004; or

(3) The department shall establish a pool of temporary client days that consists of the forfeited client days. The total number of temporary client days, including client days that have been allocated client days available in the pool, shall not exceed 2,000.

(4) An outfitter who has not documented use on the Beaverhead River prior to December 31, 1998, may not operate on the Beaverhead River unless the outfitter was licensed by the Board of Outfitters between December 1, 1998, and July 1, 1999, and the outfitter's operating plan included the Beaverhead River.

(5) Each outfitter from July 1 through August 31, inclusive, on the Beaverhead River shall not exceed the number of client days served by the outfitter on the Beaverhead River during those same months for the outfitter's highest client use year from among the years 1995, 1996, 1997, 1998, 1999, or 2000. The records submitted by the outfitter to and maintained by the Board of Outfitters will determine the number of client days in each year.

(6) Client days may only be used by an outfitter authorized to conduct use on the Beaverhead River. An authorized outfitter may hire or contract a guide or outfitter serving as a guide to provide guiding services to clients provided the guide or outfitter serving as a guide only serves in the capacity of a guide and does not recruit clients, make agreements with clients concerning monetary consideration or services provided, or collect fees from clients.

(7) An outfitter may not sell, lease, rent, or otherwise receive compensation from an outfitter or guide for the opportunity to use client days.

(8) An outfitter found to be selling, leasing, renting, or transferring client days in any way other than when transferring a business in its entirety shall permanently forfeit these client days. The forfeited client days will be allocated to the temporary client day pool.

(9) An outfitter serving as a guide for an outfitter authorized to conduct use on the Beaverhead River must be the person providing the guiding services and may not hire a guide to provide the services on their behalf.

(10) In the event of the death of an outfitter who has an opportunity to outfit on the Beaverhead River as outlined in this subchapter, that opportunity may be assumed by a member of the immediate family of the deceased outfitter. This provision does not supercede the outfitter licensing requirements and authority of the Board of Outfitters.

(11) All outfitters given the opportunity to operate on the Beaverhead River, as outlined in this subchapter, will be issued boat tags that will identify them as authorized by the commission to operate on this river. These boat tags must be displayed on all authorized outfitter boats when operating on the Beaverhead River.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2003 MAR p. 759, Eff. 4/25/03; AMD, 2005 MAR p. 917, Eff. 6/17/05; AMD, 2010 MAR p. 1726, Eff. 7/30/10.

Mont. Admin. R. 12.11.220 New Outfitter Moratorium and Outfitter Restrictions on the Big Hole River

(1) An outfitter with documented use of the Big Hole River prior to December 31, 1998, may continue to operate on the Big Hole River, except as provided in (2).

(2) An outfitter authorized to outfit on the Big Hole River forfeits all his/her client days and is no longer authorized to outfit on the Big Hole River if one or more of the following occur:

(a) an outfitter does not report any use for any two consecutive years, effective June 17, 2005;

(b) an outfitter did not report any use for the five years prior to December 31, 2004; or

(4) An outfitter who has not documented use on the Big Hole River prior to December 31, 1998, may not operate on the Big Hole River unless the outfitter was licensed by the Board of Outfitters between December 1, 1998, and July 1, 1999, and the outfitter's operating plan included the Big Hole River.

(5) Each outfitter from June 1 through July 31, inclusive, on the Big Hole River shall not exceed the number of client days served by the outfitter on the Big Hole River during those same months for the outfitter's highest client use year from among the years 1995, 1996, 1997, 1998, 1999, or 2000. The records submitted by the outfitter to and maintained by the Board of Outfitters will determine the number of client days in each year.

(6) Client days may only be used by an outfitter authorized to conduct use on the Big Hole River. An authorized outfitter may hire or contract a guide or outfitter serving as a guide to provide guiding services to clients provided the guide or outfitter serving as a guide only serves in the capacity of a guide and does not recruit clients, make agreements with clients concerning monetary consideration or services provided, or collect fees from clients.

(7) An outfitter may not sell, lease, rent, or otherwise receive compensation from an outfitter or guide for the opportunity to use client days.

(9) An outfitter serving as a guide for an outfitter authorized to conduct use on the Big Hole River must be the person providing the guiding services and may not hire a guide to provide the services on their behalf.

(10) In the event of the death of an outfitter who has an opportunity to outfit on the Big Hole River, as outlined in this subchapter, that opportunity may be assumed by a member of the immediate family of the deceased outfitter. This provision does not supercede the outfitter licensing requirements and authority of the Board of Outfitters.

(11) All outfitters given the opportunity to operate on the Big Hole River, as outlined in this subchapter, will be issued boat tags that will identify them as authorized by the commission to operate on this river. These boat tags must be displayed on all authorized outfitter boats when operating on the Big Hole River.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2003 MAR p. 759, Eff. 4/25/03; AMD, 2005 MAR p. 1507, Eff. 6/17/05; AMD, 2010 MAR p. 1726, Eff. 7/30/10.

Subchapter 12.11.3 Boating Regulations

Mont. Admin. R. 12.11.301 Personal Flotation Devices

(1) Wearable U.S. Coast Guard approved personal floatation devices must be readily accessible to all persons on the vessel.

(2) All vessels 16 feet in length and over must have one U.S. Coast Guard approved throwable personal flotation device that is immediately available for use.

(3) Personal floatation devices are required to be securely worn when operating a sailboard if:

(a) the person operating the sailboard is 14 years of age or younger; or

(b) two or more people are occupying the sailboard.

History

Authorizing statute(s): 23-2-521, MCA
Implementing statute(s): 23-2-521, MCA
History: NEW, 1980 MAR p. 1063, Eff. 3/28/80; AMD, 1987 MAR p. 1072, Eff. 7/17/87; AMD, 1989 MAR p. 267, Eff. 2/10/89; AMD, 1995 MAR p. 2251, Eff. 10/27/95; TRANS, from ARM 12.6.701, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2020 MAR p. 576, Eff. 3/28/20.

Mont. Admin. R. 12.11.305 Ventilation Systems

(1) Every motorboat or vessel on the waters of this state shall meet the following ventilation system requirements:

(a) at least two ventilation ducts fitted with cowls or their equivalent for the purpose of properly and efficiently ventilating the bilges of every engine and fuel tank compartment of boats decked-over using gasoline as fuel and other fuels having a flashpoint of 110 E F or less;

(b) at least one exhaust duct installed so as to extend to the lower portion of the bilge, and at least one intake duct installed so as to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake.

History

Authorizing statute(s): 23-2-521, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-2-521, MCA
History: NEW, 1980 MAR p. 1063, Eff. 3/28/80; TRANS, from ARM 12.6.702, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.310 Fire Extinguishers

(1) Motorboats or vessels on the waters of this state shall have the following fire extinguishing equipment:

(a) less than 26 feet in length if the motorboat or vessel carries passengers for hire or has any of the conditions listed in subsection (d) of this rule -- one B-I type approved hand portable fire extinguisher or a fixed fire extinguisher system;

(b) 26 feet to less than 40 feet in length -- two B-I type approved hand portable fire extinguishers; or at least one B-II type; when an approved fixed system is installed, one less B-I type is required;

(c) 40 feet to not more than 65 feet in length -- three B-I type approved portable fire extinguishers, or at least one B-I type plus one B-II type; when approved fixed system is installed, one less B-I type is required;

(d) fire extinguishers must be carried on all motorboats that have one or more of the following conditions that make the boat of closed construction:

(i) inboard engines; or

(ii) closed compartments under thwarts and seats wherein portable fuel tanks may be stored; or

(iii) double bottoms not sealed to the hull or which are not completely filled with flotation material; or

(iv) closed living spaces; or

(v) closed storage compartments in which combustible or flammable material is stored; or

(vi) permanently installed fuel tanks.

History

Authorizing statute(s): 23-2-521, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-2-521, MCA
History: NEW, 1980 MAR p. 1063, Eff. 3/28/80; AMD, 1987 MAR p. 1073, Eff. 7/17/87; TRANS, from ARM 12.6.703, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.315 Lights

(1) Lights required on motorboats or vessels on waters of this state:

(a) in operation between sunset and sunrise;

(i) motorboats and sail power auxiliary boats less than 26 feet;

(A) display one white light aft on rear of vessel to show all around the horizon 32 pts. (360 degrees) higher than the bow light visible for two miles;

(B) a combination red-green light or separate lights on the forepart of the boat showing green to starboard (right side) and red to port 10 pts. (112.5 degrees) visible for one mile;

(ii) motorboats and sail power auxiliary boats 26 feet to not more than 65 feet;

(A) same as (A) above;

(B) same as (B) above except red and green lights must be separate lights with screens to prevent being seen across the bow;

(C) a white light as far forward as practicable to show an unbroken light of 20 pts. (225 degrees) visible for two miles;

(iii) sailboats (sail alone);

(A) white light aft showing 12 pts. (135 degrees) visible for two miles;

(B) red and green lights forward same as motorboats under 26 feet;

(b) lights for use when anchored:

(i) power boats under 65 feet and all sailing vessels at anchor must display anchor lights except those in special anchorage areas (an anchor light is a white light visible to a boat approaching from any direction and is displayed in the forepart of the vessel);

(ii) rowing boats whether under oars or sail shall have ready at hand a lantern showing a white light which shall be temporarily exhibited in sufficient time to prevent collision.

History

Authorizing statute(s): 23-2-521, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-2-521, MCA
History: NEW, 1980 MAR p. 1063, Eff. 3/28/80; TRANS, from ARM 12.6.704, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.320 Sound Producing Devices on Motorboats

(1) Motorboats shall have efficient sound producing devices as follows:

(a) less than 16 feet in length - none;

(b) 16 feet to less than 26 feet in length - one hand, mouth, or power-operated whistle, or horn, audible at least one-half mile;

(c) 26 feet to not more than 65 feet in length - one bell which when struck produces a clear, bell-like tone and one hand or power-operated whistle, or horn, audible at least one mile.

History

Authorizing statute(s): 23-2-521, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-2-521, MCA
History: NEW, 1980 MAR p. 1063, Eff. 3/28/80; TRANS, from ARM 12.6.705, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.325 Measuring Length of Boat

(1) For determining the length of a vessel, the distance is measured in a straight line from the foremost part of the vessel to the aftermost part of the vessel, parallel to the center line, exclusive of sheer.

(2) Bowsprits, bumpkins, rudders, outboard motors and brackets and similar fittings or attachments are not to be included in the measurement.

History

Authorizing statute(s): 23-2-521, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-2-521, MCA
History: NEW, 1980 MAR p. 1063, Eff. 3/28/80; TRANS, from ARM 12.6.706, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.330 Definition of "vessel"

(1) The definition of "vessel" in 23-2-502 (13) , MCA does not include inner tubes (motor vehicle type) , float tubes (belly boats) , air mattresses and sailboards when used without mechanical propulsion by one individual.

History

Authorizing statute(s): 23-2-502(13), MCA
Implementing statute(s): 23-2-502(13), MCA
History: NEW, 1987 MAR p. 889, Eff. 6/26/87; AMD, 1989 MAR p. 269, Eff. 2/10/89; TRANS, from ARM 12.6.707, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.331 Snowmobiles on Public Waters

(1) All public waters within the state of Montana are closed to snowmobile operation.

(2) Snowmobiles may cross or enter upon public water if the water is frozen or it is necessary to cross a small stream to continue travel on snow. When it is necessary to cross a stream, the stream crossing must be perpendicular to the flow of the stream.

History

Authorizing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-2-501, 87-1-303, MCA
History: NEW, 2002 MAR p. 1084, Eff. 4/12/02.

Mont. Admin. R. 12.11.340 Enforcement Authority

(1) State fish and game wardens are hereby authorized and directed to enforce the laws of the state of Montana, and the regulations of the commission, relating to the operation, use, and equipment of boats and other water vessels within the state with regard to, but not limited to, licensing, identification numbering, display of decals, equipment, boat liveries, operations, discharge of wastes, traffic, restricted areas of operation, loading and powering, rendering of assistance, reporting of accidents, towing of water skiers or surf boarders, commercial fishing from boats, and method of catching fish from boats.

(2) In the performance of the authorities and duties hereinbefore provided for, wardens are hereby authorized to halt, delay, board, or inspect any boat or other vessel on the waters of the state; provided that any and all such halting, boarding, or inspection shall be conducted in a reasonable manner and at reasonable times under the circumstances.

(3) All persons operating, or in charge of operating, any boat or vessel on the waters of this state shall bring such boat or vessel to a stop upon a request or demand of any warden and shall permit such warden to reasonably board and inspect such boat or vessel as in these regulations prescribed.

History

Authorizing statute(s): 23-2-506, 87-1-303, MCA
Implementing statute(s): 23-2-506, MCA
History: Eff. 12/31/72; AMD, Eff. 4/5/76; TRANS, from ARM 12.6.802, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.4 River Recreation Use

Mont. Admin. R. 12.11.401 River Recreation Use: Definitions

(1) "Allocation" means distributing limited use opportunities when a rationing system is in place.

(2) "Fixed allocation" means members of a rationed user group or groups do not compete equally for limited opportunities to use a river.

(3) "Management plan" means a plan developed using the processes described in this subchapter for management of recreational use on a river or group of rivers.

(4) "Non-fixed allocation" means 100% of the available use opportunity is allocated to individual river users or parties of river users and not to river service providers.

(5) "Ration" means to regulate use intensity by limiting the amount of use on a river. Rationing requires users to obtain a permit to recreate on a river or requires river service providers to obtain authorization to conduct business on a river. Limitation on the use of a river may apply to one or more user groups and may not necessarily apply to all user groups. To qualify as a rationing strategy, the supply of permits or the amount of authorized use by river service providers must be limited.

(6) "Restrict" means to regulate when and where the public or river service providers can recreate on a river, or the types of recreation that are allowed.

(7) "River service provider" means a business or person that, for monetary or other consideration, provides services on publicly accessible rivers in Montana. This includes angling outfitters licensed by the state of Montana and non-angling river service providers that are not licensed by the state of Montana.

(8) "River user" is someone who uses a river and is not acting as a river service provider.

(9) "River use day" is equivalent to one person recreating on a river for all or part of one day.

(10) "Rule" or "rules" mean regulations pertaining to river recreation adopted through the Montana Administrative Procedure Act (MAPA) .

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2004 MAR p. 2718, Eff. 11/5/04.

Mont. Admin. R. 12.11.405 Policy Statement Concerning River Recreation Rules

(1) These rules apply to the process of developing, adopting, amending, or repealing management plans or rules that address river recreation. These rules do not apply to fishing seasons, limits, or regulations that the commission will continue to adopt as biennial or annual rules under MAPA's exceptions.

(2) The purpose of these rules is to provide guidance to the commission, the department, and department-appointed citizen advisory committees in the management of recreation on rivers. These rules seek to promote management of river recreation that provides a full variety of quality recreation for a diverse public and protects natural resources in rivers and on adjacent uplands. These rules also provide guidance for addressing social conflict on rivers.

(3) The general premise of these rules is that the public prefers to recreate on rivers without controls on their recreational experience, other than regulations that are necessary for managing aquatic resources, such as fishing regulations. Educating the public about river recreation issues can lead to modified behavior on rivers and the department can use education as a nonregulatory method to address social problems on rivers. The department should develop strategies for providing river information to all sectors of the recreating public.

(4) The demand on the natural resources and the social experience will continue to grow, and the best approach is a balance between quality of experience and unrestricted use of a limited resource. On any river or stream, there may be a time and a need for management intervention in order to maintain the quality of the river resources and the quality of the recreational experience. The quality of the river resource should be protected as the first and foremost priority.

(5) Further, the general premise of these rules is that if it becomes necessary to manage use on a river, the public prefers that less-restrictive management intervention be tried before proceeding to more-restrictive management intervention, and that rationing of use is the most restrictive form of management intervention.

(6) Individuals appointed to serve on a citizen advisory committee, river users, and those affected by river recreation shall be given an opportunity to be full and integral partners in the development of proposed management plans or rules. Participation of all interested parties is vital when developing management plans.

(7) Planning and management of Montana's river systems should provide for and conserve a full variety of recreation experiences and assure that river recreation historically enjoyed by people in Montana is recognized.

(8) Nonresidents are an important part of the state's tourism economy and rivers are an attraction to visitors. Nonresidents should have reasonable and equitable opportunities compared to other recreational users to enjoy Montana's resources. "Reasonable and equitable" as applied to nonresidents means recreational use that fairly considers the interests of all types of recreational users, and is not intended to mean that each type of recreational user must have the exact same share of use in terms of the timing, amount, and location of use.

(9) River service providers are an important industry in Montana and should be regulated. There are differences in management considerations between river service providers and private (nonguided) users. Management plans need to provide opportunities for river service providers to compete for the business of paying customers. Management processes should encourage viable and diverse types of commercial services.

(10) Partnerships with other agencies that lead to improved management of the river resources and better services to the public are encouraged.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2004 MAR p. 2718, Eff. 11/5/04.

Mont. Admin. R. 12.11.410 River Recreation Management Plans and Rules Generally

(1) The highest priority of a management plan is providing protection for the following resources:

(a) the quality of the fisheries;

(b) wildlife;

(d) riparian habitat; and

(e) other natural resources in or along the river.

(2) Management plans or rules must not allow unlimited recreation to compromise long-term conservation.

(3) Management plans and rules must maintain a balance between quality of experience and unlimited quantity of experience.

(4) Management plans and rules must be:

(a) technically and socially feasible;

(b) legal;

(d) measurable;

(e) enforceable; and

(f) reasonable to administer.

(5) Management plans must identify the potential or existing impact of recreation on natural resources and provide mitigating actions that could be taken to address concerns.

(6) When possible, the development of management plans must be coordinated with the planning processes of state, tribal, and federal agencies having jurisdiction over a river or the reach of a river.

(7) Management plans and rules may not differentiate based solely on the residency of the river user unless the commission determines the best available data indicate that the amount of use by residents or nonresidents is a primary contributor to an identified problem.

(8) Nothing in this subchapter shall prevent the department, with the concurrence of the commission, from amending or repealing a management plan and the commission from amending or repealing rules as needed.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2004 MAR p. 2718, Eff. 11/5/04.

Mont. Admin. R. 12.11.415 River Recreation Management Plans and Rules: Department Responsibilities

(1) The department, using existing information, shall evaluate the social and biological conditions on rivers and identify those rivers where further analysis and planning may be needed in order to prevent or resolve social conflicts.

(2) The department shall implement Title 75, chapter 1, MCA, the Montana Environmental Policy Act (MEPA) when developing a management plan or when proposing rules for a specific river.

(3) When developing a river recreation management plan for a specific river, the department shall conduct an analysis and decision-making process that complies with MEPA and includes collection and analysis of data, appointment of a citizen advisory committee, development of alternatives, and public review and comment.

(4) The department shall develop management plans and recommend rules to the commission based on the following:

(a) the values and input of the public;

(b) best available biological information;

(d) best available economic information;

(e) recommendations of the citizen advisory committee;

(f) input and advice from the commission; and

(g) MEPA analysis.

(5) Following the adoption of a management plan or rules, the department to the best of its ability shall assess the effectiveness of management actions considering the information and analysis developed in (4) . Based on the assessment, the department, with the concurrence of the commission, may amend or repeal a management plan and the commission may amend or repeal rules as needed.

(6) The department shall include other state, tribal, and federal agencies having jurisdiction over a river or the reach of a river when developing management plans and rules.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2004 MAR p. 2718, Eff. 11/5/04.

Mont. Admin. R. 12.11.420 River Recreation Management Plans and Rules: Commission Responsibilities

(1) When concurring in a management plan or when adopting, amending, or repealing rules for a river, the commission shall consider the following:

(a) recommendations of the citizen advisory committee;

(b) public input;

(d) the best available social information before the department;

(e) the best available economic information before the department;

(f) the department's MEPA analysis; and

(g) any existing river management plan for the river.

(2) There is not a requisite amount of information that the commission shall consider before it is able to make a river recreation management decision.

(3) The commission shall adopt river recreation rules according to MAPA.

(4) Nothing in this subchapter shall prevent the commission from making timely river recreation decisions necessary to address emergency biological conditions, such as drought, or issues of public safety.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2004 MAR p. 2718, Eff. 11/5/04.

Mont. Admin. R. 12.11.425 Creation of Citizen Advisory Committees

(1) The department shall establish a citizen advisory committee when developing a river recreation management plan or when recommending river recreation rules to the commission. The department shall also establish a citizen advisory committee to consider changes to river recreation management plans or to consider amendments to river recreation rules if the proposed changes or amendments are anticipated to be of significant enough interest to the public to benefit from the participation of a citizen advisory committee.

(2) Members of the citizen advisory committee serve by appointment of the director. In considering appointments the director, through a public process, shall:

(a) identify interests and stakeholders that will be affected by the proposed management plan or regulation; and

(b) appoint members to the committee that represent the identified interests, stakeholders, and perspectives, both locally and statewide.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2004 MAR p. 2718, Eff. 11/5/04.

Mont. Admin. R. 12.11.430 River Recreation Management Plans and Rules: Citizen Advisory Committee Responsibilities

(1) The purpose of the citizen advisory committee is to advise the department and the commission on the management of recreation on a river, including the development of river recreation management plans and river recreation rules to address social conflicts;

(2) The citizen advisory committee responsibilities are the following:

(a) represent the interests of those affected by river recreation management;

(b) articulate a vision for the river and set goals and objectives in quantitative and qualitative terms that are intended to achieve the vision;

(d) identify desired or acceptable social and biological conditions for the river;

(e) identify undesired or unacceptable social and biological conditions for the river that would trigger management actions in order to achieve desired or acceptable social and biological conditions;

(f) recommend a range of management actions from less restrictive to more restrictive that should be taken based on the severity of the undesired or unacceptable social and biological conditions;

(g) recommend mechanisms and a timetable for monitoring and evaluating river recreation management plans and river recreation rules; and

(h) submit final recommendations to the department and the commission.

(3) The department shall provide comments to the citizen advisory committee as to whether its recommendations are technically feasible, legal, affordable, measurable, enforceable, and reasonable to administer.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2004 MAR p. 2718, Eff. 11/5/04.

Mont. Admin. R. 12.11.435 Restricting or Rationing River Use

(1) The commission shall make the final decision on whether or not to restrict or ration river use and the adoption of rules for doing so.

(2) When determining how a river should be managed, the commission shall consider management methods in the following order:

(a) nonrestrictive management methods;

(b) restrictive management methods; and

(3) Under conditions or circumstances identified by the commission, the commission may implement rationing management methods before or simultaneously with restriction management methods or implement restrictive management methods before or simultaneously with nonrestrictive management methods.

(4) When developing a management plan or recommending rules to the commission:

(a) the department shall work with a citizen advisory committee to identify the problems and the social conditions that would trigger restrictions or rationing of use; and

(b) the management plan or rule recommendations must describe how restricting or rationing use would address a particular problem.

(5) If rationing is proposed and it becomes necessary to allocate opportunities to use or conduct business on a river, the department, working with the citizen advisory committee, shall recommend an allocation system to the commission. The department may consider all types of allocation systems including fixed systems, nonfixedsystems, and variations of these two types.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2004 MAR p. 2718, Eff. 11/5/04.

Mont. Admin. R. 12.11.440 Fixed Allocation

(1) If a fixed allocation system is proposed for a river, the department and the commission shall seek input from a citizen advisory committee and the general public regarding the following:

(a) the amount of use that would be allocated to each user group; and

(b) the methods used to distribute the use.

(2) If use is allocated to river service providers, the department and the commission shall seek input from a citizen advisory committee, river service providers, and the general public regarding the following:

(a) the method used to determine which individual river service providers would be allocated use; and

(b) the amount of use they would receive.

(3) If a fixed allocation system is adopted for a river, the commission may change the amount of use allocated to a service provider and no property right attaches to that use.

History

Authorizing statute(s): 87-1-301, 87-1-303, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2004 MAR p. 2718, Eff. 11/5/04.

Mont. Admin. R. 12.11.445 Nonfixed Allocation

(1) If nonfixed allocation is proposed for a river, the department and the commission shall seek input from a citizen advisory committee and the general public regarding the following:

(a) overall amount of use that would be allocated to individual river users or parties of river users; and

(b) the methods used to distribute the opportunities to use the river.

(2) When river allocation is nonfixed:

(a) service providers and their employees may not apply for opportunities to use the river for any reason other than to use the river as a private user; and

(b) the commission may consider exceptions for a nonfixed allocation that allows a river service provider to submit an application form on behalf of a known client as long as that client is present at the time of use.

History

Authorizing statute(s): 87 1-301, 87 1 303, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2004 MAR p. 2718, Eff. 11/5/04.

Mont. Admin. R. 12.11.450 Transferability of River Use Days

(1) The sale or transfer of a licensed or nonlicensed river service provider business and the transfer of river use days shall comply with 37-47-310 (4) , MCA, and shall not be prohibited as long as all legal requirements are fulfilled.

(2) Use of any transferred river use days is subject to change pursuant to rules adopted by the commission.

(3) No property right attaches to the transferred river use days.

History

Authorizing statute(s): 87 1-301, 87-1-303, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2004 MAR p. 2718, Eff. 11/5/04.

Mont. Admin. R. 12.11.455 River Recreation Management Planning Manual

(1) Upon adoption of these rules, the department must develop a river recreation planning manual that provides details on implementation of the analysis and decision-making framework in conjunction with MEPA and MAPA. The manual will incorporate the recommendations of the river recreation advisory council as expressed in their final report of July 10, 2003, including the guiding principles.

(2) The river recreation planning manual must provide direction to the department on the following elements of the analysis and decision-making framework:

(a) prioritizing river recreation planning and management needs;

(b) collecting and analyzing data;

(d) incorporating the recommendations of a citizen advisory committee into a management plan; and

(e) implementing, monitoring, and evaluating a management plan or rules.

(3) The department and its citizen advisory committees must consider the river recreation planning manual when developing a river recreation management plan or recommending river recreation rules to the commission.

History

Authorizing statute(s): 87 1-301, 87-1-303, MCA
Implementing statute(s): 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2004 MAR p. 2718, Eff. 11/5/04.

Subchapter 12.11.5 Lists and Other Restrictions

Mont. Admin. R. 12.11.504 No Wake Zones Surrounding Commercial Marinas

(1) Vessels are limited to a controlled no wake speed as defined in ARM 12.11.101(1) surrounding commercial marinas as buoyed.

(2) A commercial marina may not establish a no wake zone beyond 300 feet of the marina docks without prior approval from the department.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2012 MAR p. 884, Eff. 4/27/12.

Mont. Admin. R. 12.11.505 General Exceptions and Applications

(1) The following exceptions apply to the restrictions placed on waters in subchapters 5 through 62:

(a) official patrol;

(b) search and rescue operations;

(d) scientific studies, including sampling fish populations, by department personnel;

(e) for other than department personnel, scientific purposes with the director's prior written approval and any required permits; and

(f) special events such as testing of motorized water craft with the director's prior written approval.

(2) The rules within this chapter generally do not require approval by the Department of Public Health and Human Services (DPHHS) under 87-1-303 , MCA, as they do not apply to issues of public health and sanitation. If a rule is adopted which does require DPHHS approval in regard to health and sanitation, the rule will indicate approval.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.510 Placement of Water Obstacles

(1) A water obstacle includes but is not limited to:

(a) pier;

(b) floating dock;

(d) shoreline dock greater than 75 feet from shoreline;

(e) navigational aid;

(f) slalom course;

(g) jump/rail; and

(h) inflatable recreational equipment located greater than 75 feet from shoreline.

(2) No person shall place any permanent or anchored water obstacle on the waters of this state without a permit issued by the department or a federal, state, or county entity with authority. Water obstacles that are permitted by a federal, state, or county entity with authority are not required to obtain an additional permit from the department.

(3) All permitted water obstacles must be visibly marked with the owner's name with letters that are:

(a) a contrasting color to the object; and

(b) at least three inches in height with the letter width proportionate to the height.

(4) Each permitted water obstacle must be marked with lights if placed overnight and the marker lights:

(a) must meet United States Coast Guard requirements for marker lights;

(b) must float at least 39 inches above the water;

(c) must be an amber color flashing light that flashes a minimum of 30 flashes per minute and is visible for up to one-half mile; and

(d) if buoyed, the buoy must be self-righting and have a three-inch silver radar reflective band around the top.

(5) Placement of water obstacles without a proper permit or failure to abide the permit requirements constitutes a violation of commission rules and regulations and the water obstacles must be removed by the entity that placed the obstacle immediately upon notification. Water obstacles that create a hazard may be removed by the department at the owner's expense. Any damages incurred during removal by the department will not be the responsibility of the department.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 23-2-525, 87-1-303, MCA
History: NEW, 2011 MAR p. 901, Eff. 5/27/11.

Subchapter 12.11.6 Rivers and Streams

Mont. Admin. R. 12.11.601 Big Hole River

(1) The Big Hole River is closed to use for any motor-propelled watercraft in the following counties:

(a) Beaverhead County;

(b) Butte Silver Bow County;

(d) Madison County.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.605 Bighorn River

(1) Bighorn River is located in Big Horn County.

(2) That portion of the Bighorn River from Afterbay Dam to the Bighorn access area is closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.610 Bitterroot River

(1) Bitterroot River is closed to use of any motorized watercraft except any motorized watercraft powered by 20 horsepower or less are permitted from October 1 through January 31 from the headwaters of the Bitterroot River to the confluence with the Clark Fork River.

(2) Floating of any kind, including the use of a tube, raft, vessel, or similar device, is prohibited on Fridays from July 1 through September 15 from Painted Rocks Dam to Applebury Forest Service Site.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2011 MAR p. 2524, Eff. 11/26/11; AMD, 2018 MAR p. 434, Eff. 2/24/18.

Mont. Admin. R. 12.11.615 Blackfoot River

(1) The Blackfoot River and its tributaries are closed to use of any motorized watercraft from the headwaters of the Blackfoot River to the confluence with the Clark Fork River.

(2) A portion of the Blackfoot River is within the Blackfoot River Recreation Corridor and is regulated by ARM 12.11.616.

History

Authorizing statute(s): 23-2-302, 87-1-303, MCA
Implementing statute(s): 23-2-302, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2011 MAR p. 2524, Eff. 11/26/11; AMD, 2015 MAR p. 926, Eff. 7/17/15.

Mont. Admin. R. 12.11.616 Blackfoot River Recreation Corridor

(1) The Blackfoot River Recreation Corridor includes:

(a) a portion of the Blackfoot River from the Missoula-Powell County line downstream to Johnsrud Park Fishing Access Site; and

(b) a portion of the Clearwater River from Highway 200 downstream to the confluence with the Blackfoot River.

(2) Unless otherwise signed, the public is permitted to occupy:

(a) 50 feet above the ordinary high water mark from the Missoula-Powell County line to Corrick's Riverbend Fishing Access Site on the Blackfoot River;

(b) 50 feet above the ordinary high water mark from Clearwater Crossing Fishing Access Site to Clearwater Bridge on the Clearwater River; and

(c) 1/4 mile from the Blackfoot River or to the Corridor Road, whichever is greater, from Corrick's Riverbend Fishing Access Site to Johnsrud Park Fishing Access Site on the Blackfoot River.

(3) Camping is permitted in designated areas only.

(4) Building and maintaining a fire is permitted in designated areas only.

(5) Discharge of any firearm, air or gas weapon, or arrow from a bow is prohibited except for legal game hunting.

(6) Discharge of fireworks is prohibited.

(7) Pets must remain within sight and under control at all times.

(8) Within designated camping areas, pets must remain on a leash at all times.

(9) Motor vehicles are to remain within authorized roadways and designated parking areas.

(10) Glass bottles and containers are prohibited.

(11) It is the responsibility of the public to know the current regulations, rules, and laws governing the use and occupancy of the land within the Blackfoot River Recreation Corridor. This rule is in effect as long as the Blackfoot River Recreation Corridor Agreement is in effect.

History

Authorizing statute(s): 23-2-302, 87-1-303, MCA
Implementing statute(s): 23-2-302, 87-1-303, MCA
History: NEW, 2015 MAR p. 926, Eff. 7/17/15.

Mont. Admin. R. 12.11.619 Boulder River

(1) The Boulder River and its tributaries are closed to all motorized watercraft, as defined in 23-2-502, MCA, except:

(a) motorized watercraft 10 horsepower or less are permitted from the Natural Bridge Falls to the Yellowstone River from April 1 to September 30.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2022 MAR p. 1806, Eff. 9/24/22.

Mont. Admin. R. 12.11.620 Clark Fork River

(1) The Clark Fork River and its tributaries, unless specified elsewhere in this chapter, are closed to all motorized watercraft, including personal watercraft as defined in 23-2-502, MCA, except:

(a) from Kelly Island (Spurgin Road) Fishing Access Site boat ramp and the Grass Valley Ditch Diversion to Harper's Bridge Fishing Access Site:

(i) any motorized watercraft, except personal watercraft as defined in 23-2-502, MCA, are permitted from May 1 to June 15; and

(ii) any motorized watercraft 20 horsepower or less are permitted from October 1 through January 31.

(b) from Harper's Bridge Fishing Access Site to St. John's Fishing Access Site:

(i) any motorized watercraft, except personal watercraft as defined in 23-2-502, MCA, are permitted from October 1 to June 15; and

(ii) any motorized watercraft 20 horsepower or less are permitted from June 16 through September 30.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2011 MAR p. 2524, Eff. 11/26/11.

Mont. Admin. R. 12.11.625 Clearwater River

(1) In Missoula County the Clearwater River is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas:

(a) from the outlet of Seeley Lake to the first bridge downstream from Camp Paxon swim dock; and

(b) the portion of the river from Boy Scout Road Bridge north of Seeley Lake to the mouth of the river at the north end of Seeley Lake.

(2) A portion of the Clearwater River is within the Blackfoot River Recreation Corridor and is regulated by ARM 12.11.616.

History

Authorizing statute(s): 23-2-302, 87-1-303, MCA
Implementing statute(s): 23-2-302, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2015 MAR p. 926, Eff. 7/17/15.

Mont. Admin. R. 12.11.630 Missouri River

(1) In Broadwater County the Missouri River is closed to all swimming, boating, sailing and floating in the following areas:

(a) between Toston dam and 300 feet downstream of the dam; and

(b) the reservoir between the Toston dam and the boat barrier.

(2) In Cascade County the Missouri River:

(a) is closed to the use of motorized watercraft from the Burlington Northern Railway Bridge No. 119.4 at Broadwater Bay in Great Falls to Black Eagle; and

(b) is limited to a controlled no wake speed, as defined in ARM 12.11.101, 200 feet from the western shore as buoyed from the Warden Bridge on 10th Avenue to the Burlington Northern Railway Bridge No. 119.4 from May 1 to September 30.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2018 MAR p. 1255, Eff. 7/7/18.

Mont. Admin. R. 12.11.633 Shields River

(1) The Shields River is located in Park and Meagher counties.

(2) The Shields River and its tributaries are closed to any motorized watercraft from the headwaters of the Shields River to the confluence with the Yellowstone River.

History

Authorizing statute(s): 87-1-303, MCA
History: 87-1-303, MCA; NEW, 2021 MAR p. 62, Eff. 1/16/21.

Mont. Admin. R. 12.11.635 Smith River

(1) Smith River is closed to use for any motor-propelled watercraft in the following counties:

(a) Cascade County; and

(b) Meagher County.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.640 Swan River

(1) Swan River is located in Flathead and Lake counties.

(2) In Lake County, the Swan River is limited to a controlled no wake speed, as defined in ARM 12.11.101, in the following area:

(a) from the mouth of Swan Lake to Porcupine Bridge approximately 4 1/2 miles.

(3) In Flathead and Lake counties, the Swan River is limited from July 1 to September 15 of each year to either a controlled no wake speed, as defined in ARM 12.11.101, or the minimum operating speed necessary to progress upstream in the following area:

(a) from where the Swan River flows out of Swan Lake in Lake County, as marked, to where Bear Creek enters the Swan River in Flathead County.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2004 MAR p. 1019, Eff. 4/23/04.

Mont. Admin. R. 12.11.645 Whitefish River

(1) Whitefish River is located in Flathead County.

(2) Whitefish River is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), from its confluence with Whitefish Lake to the bridge on JP Road.

(3) Whitefish River is limited to manually and electric powered watercraft from its confluence at the railroad trestle south of Whitefish Lake outlet to the bridge on JP Road.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2014 MAR p. 3053, Eff. 12/25/14.

Mont. Admin. R. 12.11.650 List of Counties with Exceptions

(1) The following is a list of counties wherein rivers and streams are regulated and the rules which explain those regulations and the exceptions:

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.7 Beaverhead County

Mont. Admin. R. 12.11.701 Beaverhead County

(1) All rivers and streams in Beaverhead County east of the continental divide are closed to the use of all watercraft propelled by machinery of over 10 horsepower.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.8 Bighorn County

Mont. Admin. R. 12.11.801 Arapooish Fishing Access

(1) Arapooish Fishing Access is located in Big Horn County.

(2) Arapooish Fishing Access is closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.805 Tongue River Reservoir

(1) Tongue River Reservoir is located in Big Horn County.

(2) Tongue River Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas:

(a) from shoreline to 300 feet from shoreline from the south point that forms Corral Creek Bay (DNRC cabin site) , north to the face of the dam, west along the dam face, and south along the west shore of the reservoir to the point where the Tongue River enters the reservoir;

(b) as buoyed in the marina area at Campers Point;

(d) Cormorant Bay;

(e) Corral Creek Bay (DNRC cabin site bay);

(f) Neck Bay;

(g) Pee Wee Point Bay;

(h) Rattlesnake Bay; and

(i) Tongue River from the Wyoming border to the Tongue River Reservoir.

(3) The following are exceptions to (2):

(b) motorized watercraft towing a skier from a dock or the shore.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2011 MAR p. 901, Eff. 5/27/11.

Subchapter 12.11.10 Broadwater County

Mont. Admin. R. 12.11.1002 Canyon Ferry Reservoir - Broadwater County

(1) In Broadwater County, Canyon Ferry Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), within 300 feet of docks or as buoyed in the following areas:

(a) White Earth.

(2) Silos Campground is limited to a controlled no wake speed, as defined in

ARM 12.11.101(1), from shoreline to 300 feet from shoreline between Gass Bay and Seaman's Bay, or as marked by buoys.

(3) Refer to ARM 12.11.3201 for the portion of Canyon Ferry Reservoir located in Lewis and Clark County.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2019 MAR p. 538, Eff. 5/11/19.

Mont. Admin. R. 12.11.1005 Broadwater County

(1) All rivers and streams in Broadwater County east of the continental divide are closed to the use of all watercraft propelled by machinery of over 10 horsepower with the following exceptions:

(a) on the Missouri River, downriver from the Broadwater-Gallatin County line.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.11 Butte Silver Bow County

Mont. Admin. R. 12.11.1101 Butte Silver Bow County

(1) All rivers and streams in Butte Silver Bow County east of the continental divide are closed to the use of all watercraft propelled by machinery of over 10 horsepower.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.12 Carbon County

Mont. Admin. R. 12.11.1201 Cooney Reservoir

(1) Cooney Reservoir is located in Carbon County.

(2) Cooney Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas:

(a) all of Willow Creek Arm as buoyed; and

(b) North Shore and Marshall Cove within 300 feet of dock or as buoyed.

(3) All watercraft on Cooney Reservoir pulling, taking off with, and landing water skiers will travel in a general, consistent, counterclockwise direction.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.14 Cascade County

Mont. Admin. R. 12.11.1401 Pelican Point Fishing Access Ponds

(1) Pelican Point Fishing Access Ponds are located in Cascade County.

(2) Pelican Point Fishing Access Ponds are closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.1402 Black Eagle Dam

(1) Black Eagle Dam is located in Cascade County on the Missouri River and forms Black Eagle Reservoir.

(2) The waters 500 feet above the dam to 100 feet below the waterfalls are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

(3) All river and stream channel areas near the dam are closed to all public access below the ordinary high-water mark as defined by 23-2-301 , MCA, from the dam to 100 feet below the waterfalls and will be identified by signs or fences installed by the owner or operator of the dam.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2003 MAR p. 2622, Eff. 11/27/03.

Mont. Admin. R. 12.11.1403 Cochrane Reservoir

(1) Cochrane Reservoir is located in Cascade County.

(2) Cochrane Reservoir is closed to all boating, sailing, floating, swimming, personal watercraft use, and waterfowl hunting.

(3) Fishing from shore is permitted except in areas where public access is prohibited as marked.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2003 MAR p. 773, Eff. 4/25/03.

Mont. Admin. R. 12.11.1404 Cochrane Dam

(1) Cochrane Dam is located in Cascade County on the Missouri River and forms Cochrane Reservoir.

(2) The waters 500 feet above the dam to 500 feet below the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2003 MAR p. 2622, Eff. 11/27/03.

Mont. Admin. R. 12.11.1405 Morony Reservoir

(1) Morony Reservoir is located in Cascade County.

(2) Morony Reservoir is closed to all boating, sailing, floating, swimming, personal watercraft use, and waterfowl hunting.

(3) Fishing from shore is permitted except in areas where public access is prohibited as marked.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2003 MAR p. 773, Eff. 4/25/03.

Mont. Admin. R. 12.11.1406 Morony Dam

(1) Morony Dam is located in Cascade County on the Missouri River and forms the Morony Reservoir.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2003 MAR p. 2622, Eff. 11/27/03.

Mont. Admin. R. 12.11.1407 Ryan Reservoir

(1) Ryan Reservoir is located in Cascade County.

(2) Ryan Reservoir is closed to all boating, sailing, floating, swimming, personal watercraft use, and waterfowl hunting.

(3) Fishing from shore is permitted except in areas where public access is prohibited as marked.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2003 MAR p. 773, Eff. 4/25/03.

Mont. Admin. R. 12.11.1408 Ryan Dam

(1) Ryan Dam is located in Cascade County on the Missouri River and forms Ryan Reservoir.

(3) All river and stream channel areas near the dam are closed to all public access below the ordinary high-water mark as defined by 23-2-301 , MCA, from the dam to the east end of Ryan Island and will be identified by signs or fences installed by the owner or operator of the dam.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2003 MAR p. 2854, Eff. 11/27/03.

Mont. Admin. R. 12.11.1415 Rainbow Dam

(1) Rainbow Dam is located in Cascade County on the Missouri River and forms Rainbow Reservoir.

(2) The waters 600 feet above the dam to 100 feet below the waterfalls are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

(3) All river and stream channel areas near the dam are closed to all public access below the ordinary high-water mark as defined by 23-2-301 , MCA, from the dam to 4,400 feet below the dam to the east end of Tailrace Island adjacent to the Rainbow Dam powerhouse and will be identified by signs or fences installed by the owner or operator of the dam.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2003 MAR p. 2622, Eff. 11/27/03.

Subchapter 12.11.16 Custer County

Mont. Admin. R. 12.11.1601 Branum Pond

(1) Branum Pond is located in Custer County.

(2) Branum Pond is closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.17 Daniels County

Mont. Admin. R. 12.11.1701 Whitetail Reservoir

(1) Whitetail Reservoir is located in Daniels County.

(2) Whitetail Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.18 Dawson County

Mont. Admin. R. 12.11.1801 Johnson Reservoir

(1) Johnson Reservoir is located in Dawson County.

(2) Johnson Reservoir is limited to manually operated watercraft and watercraft power by electric motors.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.19 Deer Lodge County

Mont. Admin. R. 12.11.1901 Georgetown Lake

(1) Georgetown Lake is located in Deer Lodge and Granite counties.

(2) In Deer Lodge County, Georgetown Lake is limited to a controlled no wake speed as defined in ARM 12.11.101(1) in the following area:

(a) from the mouth of Stuart Mill Bay as marked by buoys and continuing to shore.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2005 MAR p. 2331, Eff. 11/24/05.

Mont. Admin. R. 12.11.1910 Silver Lake

(1) Silver Lake is located in Deer Lodge County.

(2) The water within 100 feet of the intake structure is closed to all boating, sailing, floating, and swimming. The closed water will be identified and delineated by buoys or signs.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2015 MAR p. 1271, Eff. 8/28/15.

Subchapter 12.11.20 Fallon County

Mont. Admin. R. 12.11.2001 South Sandstone Reservoir

(1) South Sandstone Reservoir is located in Fallon County.

(2) South Sandstone Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.102(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.21 Fergus County

Mont. Admin. R. 12.11.2101 Crystal Lake

(1) Crystal Lake is located in Fergus County.

(2) Crystal Lake is limited to manually operated watercraft and watercraft powered by electric motors.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.2105 Lower Carter Pond

(1) Lower Carter Pond is located in Fergus County.

(2) Lower Carter Pond is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.2110 Upper Carter Pond

(1) Upper Carter Pond is located in Fergus County.

(2) Upper Carter Pond is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.22 Flathead County

Mont. Admin. R. 12.11.2201 Beaver Lake

(1) Beaver Lake (near Whitefish) is located in Flathead County.

(2) Beaver Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) during the following times:

(a) 5 a.m. to 10 a.m. and 7 p.m. to 11 p.m. each day.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.2204 Echo Lake

(1) Echo Lake is located in Flathead County.

(2) Echo Lake is limited to a controlled no wake speed pursuant to ARM 12.11.115 except for the following areas:

(a) the upper three islands in the southwest corner of section 5, approximately 1/4 mile southeast of the entrance of Blackies Bay;

(b) the narrow corridor that serves as the entrance and exit to Blackies Bay located in the northwest corner of Echo Lake; and

(c) the narrow corridor that serves as the entrance and exit to Causeway Bay located in the northeast corner of Echo Lake.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2008 MAR p. 1019, Eff. 5/23/08; AMD, 2010 MAR p. 744, Eff. 3/26/10.

Mont. Admin. R. 12.11.2205 Flathead Lake

(1) A portion of Flathead Lake is located in Flathead County.

(2) In Flathead County, Flathead Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas:

(a) Bigfork Bay to a point approximately 100 yards west of the Highway 35 bridge as marked by signed buoys.

(3) Refer to ARM 12.11.3110 for the portion of Flathead Lake located in Lake County.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2017 MAR p. 661, Eff. 5/27/17.

Mont. Admin. R. 12.11.2206 Flathead River

(1) A portion of the Flathead River is located in Flathead County.

(2) Church Slough is closed to boating March 1 to April 10.

(3) Fennon Slough is restricted to a controlled no wake speed, as defined in ARM 12.11.101(1).

(4) The North Fork of the Flathead River:

(a) is closed to all motorboats from the Canadian border to the Camas Bridge; and

(b) is closed to all motorboats with motors greater than 10 horsepower from Camas Bridge to the confluence of the Middle Fork of the Flathead River.

(5) The Middle Fork of the Flathead River:

(a) is closed to all motorboats from the Bob Marshall Wilderness boundary to the Highway 2 Bridge at Essex; and

(b) is closed to all motorboats with motors greater than 10 horsepower from the Highway 2 Bridge at Essex to the confluence of the South Fork of the Flathead River.

(6) The South Fork of the Flathead River:

(a) is closed to all motorboats from Spotted Bear Footbridge to the Bob Marshall Wilderness boundary; and

(b) is closed to all motorboats with motors greater than 10 horsepower from Spotted Bear foot bridge to Hungry Horse Reservoir at full pool (3850 feet elevation).

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2011 MAR p. 901, Eff. 5/27/11.

Mont. Admin. R. 12.11.2208 Lake Five

(1) Lake Five is located in Flathead County.

(2) ARM 12.11.115 exempts Lake Five from the controlled no wake speed defined in ARM 12.11.101(1).

(3) Personal watercraft as defined in 23-2-502, MCA are prohibited.

(4) All vessels towing a person water skiing, tubing, or any similar activity must travel in a counter-clockwise direction.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2010 MAR p. 1287, Eff. 5/28/10.

Mont. Admin. R. 12.11.2210 Little Mcgregor Lake

(1) Little McGregor Lake is located in Flathead County within the Thompson Chain of Lakes.

(2) Little McGregor Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.2225 Tepee Lake

(1) Tepee Lake is located in Flathead County.

(2) Tepee Lake is closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2021 MAR p. 432, Eff. 4/17/21.

Subchapter 12.11.23 Gallatin County

Mont. Admin. R. 12.11.2301 Bozeman Ponds

(1) Bozeman Ponds are located in Gallatin County.

(2) Bozeman Ponds are closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.2305 East Gallatin Pond

(1) East Gallatin Pond is located in Gallatin County.

(2) East Gallatin Pond is closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.2307 Hebgen Dam

(1) Hebgen Dam is located in Gallatin County on the Madison River and forms Hebgen Lake.

(2) The waters 100 feet above the dam to 100 feet below the outlet works are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2003 MAR p. 2622, Eff. 11/27/03.

Mont. Admin. R. 12.11.2308 Hebgen Lake

(1) Hebgen Lake is located in Gallatin County.

(2) Hebgen Lake is limited to a controlled no wake speed as defined in ARM 12.11.101 in the following areas:

(a) Rainbow Point Bay no wake or as buoyed; and

(b) Loneshomehurst Campground within 200 feet of the shoreline or as buoyed.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2002 MAR p. 2894, Eff. 10/18/02; AMD, 2012 MAR p. 884, Eff. 4/27/12.

Mont. Admin. R. 12.11.2310 Hyalite Reservoir

(1) Hyalite Reservoir is located in Gallatin County.

(2) Hyalite Reservoir is limited to a controlled no wake speed as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.2315 Gallatin County

(1) All rivers and streams in Gallatin County east of the continental divide are closed to the use of all watercraft propelled by machinery of over 10 horsepower with the following exceptions:

(a) on the Missouri River, downriver from Headwaters State Park.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.27 Granite County

Mont. Admin. R. 12.11.2701 Bear Mouth Rest Area Pond

(1) Bear Mouth Rest Area Pond is located in Granite County.

(2) Bear Mouth Rest Area Pond is closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.2705 Flint Creek Dam

(1) Flint Creek Dam is located in Granite County on Flint Creek and forms Georgetown Lake.

(2) The waters 100 feet above the dam to 150 feet below the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2003 MAR p. 2622, Eff. 11/27/03.

Mont. Admin. R. 12.11.2710 Georgetown Lake

(1) Georgetown Lake is located in Deer Lodge and Granite counties.

(2) In Deer Lodge County, Georgetown Lake is limited to a controlled no wake speed as defined in ARM 12.11.101(1) in the following area:

(a) from the mouth of Stuart Mill Bay as marked by buoys and continuing to shore.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2005 MAR p. 2331, Eff. 11/24/05.

Subchapter 12.11.28 Hill County

Mont. Admin. R. 12.11.2801 Bearpaw Lake

(1) Bearpaw Lake is located in Hill County.

(2) Bearpaw Lake is closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.2805 Beaver Creek Reservoir

(1) Beaver Creek Reservoir is located in Hill County.

(2) Beaver Creek Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(3) Beaver Creek Reservoir is closed to the use of all watercraft propelled by machinery of over 10 horsepower.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.2810 Fresno Reservoir

(1) Fresno Reservoir is located in Hill County.

(2) Fresno Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas:

(a) the area around the Fresno boat club docks;

(b) public boat ramp areas; and

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.29 Jefferson County

Mont. Admin. R. 12.11.2901 Park Lake

(1) Park Lake is located in Jefferson County.

(2) Park Lake is closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.2905 Jefferson County

(1) All rivers and streams in Jefferson County east of the continental divide are closed to the use of all watercraft propelled by machinery of over 10 horsepower.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.31 Lake County

Mont. Admin. R. 12.11.3101 Kerr Dam

(1) Kerr Dam is located in Lake County.

(2) The area immediately above Kerr Dam is either closed as posted or marked by barrel booms to the use of all watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3106 Swan Lake

(1) Swan Lake is located in Lake County.

(2) Swan Lake is limited to a controlled no wake speed pursuant to ARM 12.11.115.

(3) The northern outlet of Swan Lake to the southern tip of the southern most island (approximately 3/4 of a mile south), or as buoyed, is limited to a controlled no wake speed.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2008 MAR p. 1024, Eff. 5/23/08; AMD, 2010 MAR p. 744, Eff. 3/26/10.

Mont. Admin. R. 12.11.3110 Flathead Lake

(1) A portion of Flathead Lake is located in Lake County.

(2) In Lake County, Flathead Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas:

(a) Cromwell Channel at its narrowest section approximately 800 feet in length or as marked by buoys.

(3) Refer to ARM 12.11.2205 for the portion of Flathead Lake located in Flathead County.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2017 MAR p. 661, Eff. 5/27/17.

Subchapter 12.11.32 Lewis and Clark County

Mont. Admin. R. 12.11.3201 Canyon Ferry Reservoir - Lewis and Clark County

(1) In Lewis and Clark County, Canyon Ferry Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), within 300 feet of docks or as buoyed or described otherwise below, in the following areas:

(a) Chinamen’s Bay;

(b) Hellgate Bay, 300 feet southwest from the boat ramp, and extending north to the opposite shore;

(d) Shannon Boat Launch.

(2) Court Sheriff Bay is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), from the mouth of the bay or as buoyed. The mouth of Court Sheriff Bay is identified as the area from the tip of the narrow peninsula that extends southeast from Canyon Ferry Village to the shore directly east.

(3) Kayley Bay is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), approximately 500 yards from the mouth of the stream entering the lake and extending southwest to the point of the bay that narrows at the peninsula at Tranquility Drive on the north side of the bay, to the opposite shore southeast, or as buoyed.

(4) The area immediately above and below Canyon Ferry Dam is either closed as posted or marked by barrel booms to the use of all watercraft.

(5) Refer to ARM 12.11.1002 for the portion of Canyon Ferry Reservoir located in Broadwater County.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2012 MAR p. 844, Eff. 4/27/12; AMD, 2019 MAR p. 538, Eff. 5/11/19.

Mont. Admin. R. 12.11.3204 Hauser Dam

(1) Hauser Dam is located in Lewis and Clark County on the Missouri River and forms Hauser Lake.

(2) The waters 250 feet above the dam to 600 feet below the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

(3) All river and stream channel areas near the dam are closed to all public access below the ordinary high-water mark as defined by 23-2-301 , MCA, from the dam to 100 feet below the dam from December 1 through April 1 annually and will be identified by signs or fences installed by the owner or operator of the dam.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2003 MAR p. 2622, Eff. 11/27/03.

Mont. Admin. R. 12.11.3205 Hauser Reservoir

(1) Hauser Reservoir is located in Lewis and Clark County.

(2) Hauser Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas:

(a) Lakeside marina within 300 feet of the docks or as buoyed;

(b) Hauser Lake State Park at Black Sandy beach within 300 feet of the docks or as buoyed;

(d) Devil's Elbow Campground, from the campground shore to 100 feet into the Missouri River channel or as buoyed;

(e) Clark's Bay from shoreline to 300 feet from shore or as buoyed;

(f) York Bridge fishing access site within 300 feet of the boat ramp and dock area or as buoyed;

(g) White Sandy Recreation Area within 300 feet of docks and swim area or as buoyed; and

(h) Canyon Ferry Dam to Riverside boat ramp.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2001 MAR p. 1100, Eff. 6/22/01; AMD, 2007 MAR p. 776, Eff. 6/8/07; AMD, 2011 MAR p. 901, Eff. 5/27/11; AMD, 2019 MAR p. 538, Eff. 5/11/19.

Mont. Admin. R. 12.11.3210 Helena Valley Regulating Reservoir

(1) The main purpose of the Helena Valley Regulating Reservoir is to impound the waters for irrigation and for domestic water supply for the city of Helena.

(2) No boathouse or landing float, pier, or other docking or mooring device shall be installed without a written permit issued by the department or the U.S. Bureau of Reclamation.

(3) The reservoir is restricted to manually operated watercraft and watercraft powered by electric motors only.

(4) Boat regattas and racing are prohibited.

(5) No swimming or wading is permitted except when launching or removing a vessel from the reservoir.

(6) Pets may not occupy the water but are allowed on ice covering the reservoir.

(7) The following are prohibited upon ice covering the reservoir:

(a) fires; and

(b) all-terrain vehicles, off highway vehicles, snowmobiles, and any other vehicles.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: Eff. 12/31/72; AMD, Eff. 4/5/76; AMD, 1983 MAR p. 730, Eff. 7/1/83; AMD, 1989 MAR p. 1281, Eff. 9/1/89; TRANS, from ARM 12.6.903, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2019 MAR p. 294, Eff. 3/16/19.

Mont. Admin. R. 12.11.3214 Holter Dam

(1) Holter Dam is located in Lewis and Clark County on the Missouri River and forms Holter Lake.

(2) The waters 150 feet above the dam to 900 feet below the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2003 MAR p. 2622, Eff. 11/27/03.

Mont. Admin. R. 12.11.3215 Holter Lake

(1) Holter Lake is located in Lewis and Clark County.

(2) Holter Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas:

(a) Bureau of Land Management boat landing on Holter Lake as buoyed;

(b) Juniper Bay;

(d) Departure Point; and

(e) Merriweather Camp.

(3) Holter Lake is closed on Saturday and Sunday of each week and on all legal holidays from the mouth of the canyon on upper Holter Lake to the Gates of the Mountains near Mann Gulch, as marked, to:

(a) water skiing, tubing, or any similar activity in which a vessel is towing a person; and

(b) wake surfing or any similar activity in which a person is riding the wake of a vessel.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01, AMD, 2010 MAR p. 739, Eff. 3/26/10; AMD, 2012 MAR p. 884, Eff. 4/27/12.

Mont. Admin. R. 12.11.3220 Lake Helena

(1) Lake Helena is located in Lewis and Clark County.

(2) Lake Helena is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), during the following times:

(a) from April 1 to the opening of waterfowl season.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3225 Spring Meadow Lake

(1) Spring Meadow Lake is located in Lewis and Clark County.

(2) Spring Meadow Lake is closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3230 Wood Lake

(1) Wood Lake is located in Lewis and Clark County.

(2) Wood Lake is closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.34 Lincoln County

Mont. Admin. R. 12.11.3401 Banana Lake

(1) Banana Lake is located in Lincoln County within the Thompson Chain of Lakes.

(2) Banana Lake is limited to a controlled no wake speed, as defined is ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3402 Alvord Lake

(1) Alvord Lake is located in Lincoln County.

(2) Alvord Lake is limited to a controlled no wake speed as defined in ARM 12.11.101.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2011 MAR p. 901, Eff. 5/27/11.

Mont. Admin. R. 12.11.3405 Bootjack Lake

(1) Bootjack Lake is located in Lincoln County within the Thompson Chain of Lakes.

(2) Bootjack Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3410 Cad Lake

(1) Cad Lake is located in Lincoln County within the Thompson Chain of Lakes.

(2) Cad Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3415 Carpenter Lake

(1) Carpenter Lake is located in Lincoln County.

(2) Carpenter Lake is closed to the use of all watercraft propelled by machinery of over 10 horsepower.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3420 Cibid Lake

(1) Cibid Lake is located in Lincoln County within the Thompson Chain of Lakes.

(2) Cibid Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3423 Kilbrennan Lake

(1) Kilbrennan Lake is located in Lincoln County.

(2) Kilbrennan Lake is limited to a controlled no wake speed as defined in ARM 12.11.101.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2011 MAR p. 901, Eff. 5/27/11.

Mont. Admin. R. 12.11.3425 Lake Koocanusa

(1) Lake Koocanusa is located in Lincoln County.

(2) Lake Koocanusa is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas:

(a) Cripple Horse Bay, within 300 feet of dock or as buoyed.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3430 Lavon Lake

(1) Lavon Lake is located in Lincoln County within the Thompson Chain of Lakes.

(2) Lavon Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , including the channel between Lavon and Crystal Lakes.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3435 Leon Lake

(1) Leon Lake is located in Lincoln County within the Thompson Chain of Lakes.

(2) Leon Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2003 MAR p. 2622, Eff. 11/27/03.

Mont. Admin. R. 12.11.3440 Lilly Pad Lake

(1) Lilly Pad Lake is located in Lincoln County within the Thompson Chain of Lakes.

(2) Lilly Pad Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3445 Little Loon Lake

(1) Little Loon Lake is located in Lincoln County within the Thompson Chain of Lakes.

(2) Little Loon Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3450 Little Rainbow Lake

(1) Little Rainbow Lake is located in Lincoln County within the Thompson Chain of Lakes.

(2) Little Rainbow Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3455 Lost Lake

(1) Lost Lake is located in Lincoln County within the Thompson Chain of Lakes.

(2) Lost Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2003 MAR p. 2622, Eff. 11/27/03.

Mont. Admin. R. 12.11.3460 Middle Thompson Lake

(1) Middle Thompson Lake is located in Lincoln County within the Thompson Chain of Lakes.

(2) Middle Thompson Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) in the channel between Middle and Lower Thompson lakes.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2003 MAR p. 2622, Eff. 11/27/03.

Mont. Admin. R. 12.11.3465 Myron Lake

(1) Myron Lake is located in Lincoln County within the Thompson Chain of Lakes.

(2) Myron Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3470 Rainbow Lake

(1) Rainbow Lake is located in Lincoln County within the Thompson Chain of Lakes.

(2) Rainbow Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3475 Savage Lake

(1) Savage Lake is located in Lincoln County.

(2) Savage Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , during the following hours:

(a) 5 a.m. to 10 a.m. and from 7 p.m. to 11 p.m. each day.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3480 Topless Lake

(1) Topless Lake is located in Lincoln County within the Thompson Chain of Lakes.

(2) Topless Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3485 Upper Thompson Lake

(1) Upper Thompson Lake is located in Lincoln County within the Thompson Chain of Lakes.

(2) Upper Thompson Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas:

(a) Middle and Lower lobe.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.35 Madison County

Mont. Admin. R. 12.11.3501 Harrison Lake

(1) Harrison Lake (Willow Creek Reservoir) is located in Madison County.

(2) Harrison Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas:

(a) all of Willow Creek Arm and Norwegian Arm as buoyed 6 p.m. to 11 a.m.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3505 Madison County

(1) All rivers and streams in Madison County east of the continental divide are closed to the use of all watercraft propelled by machinery of over 10 horsepower.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3506 Madison Dam

(1) Madison Dam is located in Madison County on the Madison River and forms Ennis Lake.

(2) The waters 600 feet above the dam to 700 feet below the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2003 MAR p. 2622, Eff. 11/27/03.

Subchapter 12.11.37 Meagher County

Mont. Admin. R. 12.11.3701 Forest Lake

(1) Forest Lake is located in Meagher County.

(2) Forest Lake is closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.39 Missoula County

Mont. Admin. R. 12.11.3901 Lake Alva

(1) Alva Lake is located in Missoula County.

(2) All watercraft on Lake Alva are limited to a controlled no wake speed as defined in ARM 12.11.101.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2014 MAR p. 209, Eff. 1/31/14.

Mont. Admin. R. 12.11.3905 Beavertail Pond

(1) Beavertail Pond is located in Missoula County.

(2) Beavertail Pond is limited to manually operated watercraft and watercraft powered by electric motors.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3910 Blanchard Lake

(1) Blanchard Lake (on the Clearwater River) is located in Missoula County.

(2) Blanchard Lake is closed to the use of all watercraft propelled by machinery of over 10 horsepower.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3915 Clearwater Lake

(1) Clearwater Lake is located in Missoula County.

(2) Clearwater Lake is limited to manually operated watercraft and watercraft powered by electric motors.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3920 Colt Lake

(1) Colt Lake is located in Missoula County.

(2) Colt Lake is limited to manually operated watercraft and watercraft powered by electric motors.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3925 Cottonwood Lake

(1) Cottonwood Lake is located in Missoula County.

(2) Cottonwood Lake is limited to manually operated watercraft and watercraft powered by electric motors.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3930 Elsina Lake

(1) Elsina Lake is located in Missoula County.

(2) Elsina Lake is limited to manually operated watercraft and watercraft powered by electric motors.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3935 Frenchtown Pond

(1) Frenchtown Pond is located in Missoula County.

(2) Frenchtown Pond is closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3940 Harpers Lake

(1) Harpers Lake is located in Missoula County.

(2) Harpers Lake is limited to manually operated watercraft and watercraft powered by electric motors.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2014 MAR p. 209, Eff. 1/31/14.

Mont. Admin. R. 12.11.3945 Hidden Lake

(1) Hidden Lake is located in Missoula County.

(2) Hidden Lake is limited to manually operated watercraft and watercraft powered by electric motors.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3950 Holland Lake

(1) Holland Lake is located in Missoula County.

(2) Holland Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas:

(a) Holland Lake Lodge within 300 feet or as buoyed; and

(b) Bay Loop campground within 300 feet or as buoyed.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3955 Inez Lake

(1) Inez Lake is located in Missoula County.

(2) All watercraft on Inez Lake pulling, taking off with, and landing water skiers will travel in a general, consistent, counterclockwise direction.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3960 Lake Dinah

(1) Lake Dinah is located in Missoula County.

(2) Lake Dinah is closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3962 Lake Marshall

(1) Lake Marshall is located in Missoula County.

(2) Lake Marshall is limited to manually operated watercraft and watercraft powered by electric motors.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2014 MAR p. 209, Eff. 1/31/14.

Mont. Admin. R. 12.11.3965 Morrell Lake

(1) Morrell Lake is located in Missoula County.

(2) Morrell Lake is closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3970 Placid Creek

(1) Placid Creek is located in Missoula County.

(2) Placid Creek is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas:

(a) from its headwaters to the confluence with Placid Lake.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3975 Rainy Lake

(1) Rainy Lake is located in Missoula County.

(2) Rainy Lake is limited to manually operated watercraft and watercraft powered by electric motors.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3980 Salmon Lake

(1) Salmon Lake is located in Missoula County.

(2) Salmon Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas:

(a) the Clearwater River from the Placid Lake Road Bridge to Salmon Lake;

(b) that portion known as Legendary Lodge Narrows near the south end of the lake; and

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3985 Seeley Lake

(1) Seeley Lake is located in Missoula County.

(2) All watercraft on Seeley Lake pulling, taking off with, and landing water skiers on Seeley Lake will travel in a general, consistent, counterclockwise direction.

(3) Seeley Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following area:

(a) the northernmost portion of the lake with the boundary being from where Deer Creek flows into the west side of the lake, following a straight line across the lake to where Rice Creek flows into the east side of the lake and continuing north to shore, as marked.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2005 MAR p. 373, Eff. 3/18/05.

Mont. Admin. R. 12.11.3990 Spook Lake

(1) Spook Lake is located in Missoula County.

(2) Spook Lake is limited to manually operated watercraft and watercraft powered by electric motors.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3995 Summit Lake

(1) Summit Lake is located in Missoula County.

(2) Summit Lake is limited to manually operated watercraft and watercraft powered by electric motors.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.3999 Upsata Lake

(1) Upsata Lake is located in Missoula County.

(2) Upsata Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.41 Park County

Mont. Admin. R. 12.11.4101 Park County

(1) All rivers and streams in Park County east of the continental divide are closed to the use of all watercraft propelled by machinery of over 10 horsepower with the following exceptions:

(a) on the Yellowstone River, downriver from Highway 89 bridge (near mouth of Shields River); and

(b) the Shields River, which is closed to all motorized watercraft pursuant to ARM 12.11.633.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01; AMD, 2021 MAR p. 62, Eff. 1/16/21.

Subchapter 12.11.46 Powell County

Mont. Admin. R. 12.11.4601 Brown's Lake

(1) Brown's Lake is located in Powell County.

(2) A portion of Brown's Lake near Ovando is either closed as posted or marked by barrel booms to the use of all watercraft, during the time period beginning April 1 and ending July 15.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.49 Richland County

Mont. Admin. R. 12.11.4901 Gartside Reservoir

(1) Gartside Reservoir is located in Richland County.

(2) Gartside Reservoir is limited to manually operated watercraft and watercraft powered by electric motors.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.51 Rosebud County

Mont. Admin. R. 12.11.5101 Castle Rock Reservoir

(1) This rule is made in the interest of public health, public safety, and protection of property, and as a measure to achieve the fullest recreational use of the Castle Rock Reservoir. These regulations apply to the waters of the reservoir and to those portions of the surrounding lands which have been specifically reserved for recreational use. The main purpose of the reservoir is to provide the primary water supply for the Colstrip generating station and to supplement drinking water for the town of Colstrip.

(2) The use of manually operated boats, sailboats and boats powered by electric motors is permitted on the reservoir. Boats powered by gasoline motors may be used only for official patrol, maintenance, search and rescue, or scientific purposes.

(3) No vehicles, including motorcycles, all-terrain vehicles, or snowmobiles are permitted in or on the waters of the reservoir or on the beaches.

(4) No vessels of any type nor swimming are permitted within 100 yards of the intake structure.

(5) No animal shall be allowed in the waters of the reservoir under any circumstances.

(6) For further restrictions on pets and regulations on waste disposal or property disturbance, see ARM 12.8.201 et seq. (public use regulations) .

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 23-1-102, 87-1-303, MCA
History: NEW, 1978 MAR p. 1314, Eff. 8/25/78; AMD, 1985 MAR p. 2003, Eff. 12/27/85; TRANS, from ARM 12.6.902, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.52 Sanders County

Mont. Admin. R. 12.11.5205 Thompson Falls Dam

(1) Thompson Falls Dam is located in Sanders County on the Clark Fork River and forms Thompson Falls Reservoir.

(2) The waters 1,020 feet above the dam to 500 feet below the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2003 MAR p. 2622, Eff. 11/27/03.

Mont. Admin. R. 12.11.5206 Bull River

(1) The Bull River is located in Sanders County.

(2) The Bull River and its tributaries are closed to any motorized watercraft greater than 10 horsepower from the headwaters of the Bull River to its confluence with the Clark Fork River.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2025 MAR, Notice No. 2025-111, Eff. 7/12/25.

Subchapter 12.11.53 Sheridan County

Mont. Admin. R. 12.11.5303 Brush Lake

(1) Brush Lake is located in Sheridan County.

(2) Brush Lake is limited to a controlled no wake speed as defined in ARM 12.11.101 surrounding the Brush Lake State Park boat ramp, dock, and swimming area as buoyed.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2011 MAR p. 901, Eff. 5/27/11.

Subchapter 12.11.54 Stillwater County

Mont. Admin. R. 12.11.5405 Mystic Dam

(1) Mystic Dam is located in Stillwater County on West Rosebud Creek and forms Mystic Lake.

(2) The waters 100 feet above the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

(3) All river and stream channel areas near the dam are closed to all public access below the ordinary high-water mark as defined by 23-2-301 , MCA, from the south side of West Rosebud Creek from the powerhouse to the USGS concrete weir and will be identified by signs or fences installed by the owner or operator of the dam.

Rules 12.11.5406 through 12.11.5419

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2003 MAR p. 2622, Eff. 11/27/03.

Mont. Admin. R. 12.11.5420 West Rosebud Dam

(1) West Rosebud Dam is located in Stillwater County on West Rosebud Creek and forms West Rosebud Lake.

(2) The water 100 feet above the dam to the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2003 MAR p. 2622, Eff. 11/27/03.

Subchapter 12.11.57 Toole County

Mont. Admin. R. 12.11.5701 Fitzpatrick Lake

(1) Fitzpatrick Lake is located in Toole County.

(2) Fitzpatrick Lake is closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.5705 Henry Reservoir

(1) Henry Reservoir is located in Toole County.

(2) Henry Reservoir is closed to use for any motor-propelled watercraft.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.59 Valley County

Mont. Admin. R. 12.11.5901 Fort Peck Dredge Cut Trout Pond

(1) Fort Peck Dredge Cut Trout Pond is located in Valley County.

(2) Fort Peck Dredge Cut Trout Pond is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Mont. Admin. R. 12.11.5905 Fort Peck Reservoir

(1) A portion of Fort Peck Reservoir is located in Valley County.

(2) In Valley County, Fort Peck Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas:

(a) Duck Creek Bay as marked by buoys.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2017 MAR p. 664, Eff. 5/27/17.

Subchapter 12.11.62 Yellowstone County

Mont. Admin. R. 12.11.6201 Lake Elmo

(1) Lake Elmo is located in Yellowstone County.

(2) Lake Elmo is limited to manually operated watercraft and watercraft power by electric motors.

History

Authorizing statute(s): 23-1-106, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-303, MCA
History: NEW, 2001 MAR p. 18, Eff. 1/12/01.

Subchapter 12.11.63 Bitterroot River Commercial Use Permit

Mont. Admin. R. 12.11.6301 Bitterroot River Commercial Use Permit

(1) Any commercial fishing and floating operators are prohibited to operate without a permit between Painted Rocks Dam and Wally Crawford Fishing Access Site.

(2) The number of permits available will be established through the following one-time process:

(a) in order to be eligible for a permit to operate, commercial operators with records of historic use may report their use of the Bitterroot River between Painted Rocks Dam and Wally Crawford Fishing Access Site between January 1, 2014 and December 31, 2016, by March 15, 2018 as prescribed by the department;

(b) the department will only consider documented and historic use that is timely reported; and

(c) the department will notify commercial operators with documented usage, determined at the sole discretion of the department, whether they will receive a permit.

(3) The number of permits distributed in the one-time process in 2018 will establish the annual cap of permits available for this portion of the Bitterroot River for future use until otherwise determined by the department.

(4) Permittees must submit an annual report, as prescribed by the department, including:

(a) dates of river use;

(b) number of clients;

(d) access points used; and

(e) and any other information the department deems necessary.

(5) Permittees who do not submit an annual report completely and timely will have their permit revoked.

(6) A permit is considered abandoned after three consecutive years of no activity reported on the annual report.

(7) Revoked and abandoned permits will be made available to all commercial fishing and floating operators via a random lottery to be conducted by the department.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2018 MAR p. 717, Eff. 2/24/18.

Mont. Admin. R. 12.11.6302 Bitterroot River Commercial Use Permit Restrictions

(1) Bitterroot River commercial use permit holders are restricted to two launches per section per day from June 1 to September 15 in the following areas:

(a) Painted Rocks Dam to Applebury Forest Service Site;

(b) Applebury Forest Service Site to Trapper Creek Job Corp Site;

(d) Hannon Memorial Fishing Access Site to Wally Crawford Fishing Access Site.

(2) For the purposes of this rule, "launch" means the placement of a vessel in the water and traveling downstream. A vessel that is docked or beached without exiting the river may continue downstream without it counting as a second launch.

(3) Commercial fishing and floating operators are prohibited from operating from June 1 to September 15 as follows:

(a) between Painted Rocks Dam and Applebury Forest Service Site on Fridays;

(b) between Applebury Forest Service Site and Trapper Creek Job Corp Site on Saturdays;

(d) between Hannon Memorial Fishing Access Site to Wally Crawford Fishing Access Site on Mondays.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2018 MAR p. 717, Eff. 2/24/18; AMD, 2019 MAR p. 740, Eff. 6/8/19.

Mont. Admin. R. 12.11.6306 Review of River Recreation Rules for Bitterroot River

(1) The commission shall review the rules governing recreational use on the Bitterroot River every five years starting in 2022.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2018 MAR p. 717, Eff. 2/24/18; AMD, 2019 MAR p. 740, Eff. 6/8/19.

Subchapter 12.11.65 Blackfoot River Special Recreation Permit Program

Mont. Admin. R. 12.11.6501 Purpose of the Blackfoot Special Recreation Permit Rules

(1) The purpose of this subchapter is to establish a special recreation permit program for commercial use, competitive events, and organized group activities occurring on the Blackfoot River or lands adjacent to the Blackfoot River that are owned or managed by the department.

(2) The purpose of the special recreation permit program is to ensure that commercial use, competitive events, and organized group activities are compatible with the general recreating public and are consistent with the natural resource management objectives for the river and lands adjacent to the river that are owned or managed by the department.

(3) The special recreation permit program is designed to be consistent with the Bureau of Land Management special recreation permit program in order to provide permittees a streamlined and efficient permitting process.

(4) The statewide rules governing river recreation management shall apply to future recreation management actions on the Blackfoot River.

History

Authorizing statute(s): 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
History: NEW, 2005 MAR p. 430, Eff. 4/1/05.

Mont. Admin. R. 12.11.6505 Special Recreation Permit Definitions

(1) "Commercial use" means recreational use of lands owned or managed by the department and related waters for business or financial gain and includes any person, group or organization, including nonprofit organizations and academic institutions that make or attempt to make a profit, vend a service or product, receive money, amortize equipment, or obtain goods or services as compensation from participants in recreational activities occurring on lands or related waters that are owned or managed by the department.

(2) "Competitive event" means any organized, sanctioned, or structured use, event, or activity on lands owned or managed by the department or related waters in which two or more contestants compete, the participants register, enter, or complete an application for the event, and/or a predetermined course or area is designated.

(3) "Organized group activity" means a structured, ordered, consolidated, or scheduled event on, or occupation of, lands owned or managed by the department or related waters that is not commercial or competitive.

(4) "Publicly advertised event or activity" means a competitive event or organized group activity that is advertised to the general public, via newspaper, radio, flier, public newsletter, etc., or the event is posted on a web site accessible from the internet. A local network within an office or organization that is not accessible to the public via the internet would not meet the requirement of publicly advertised.

(5) "Vending" means the sale of goods or services, not from a permanent structure, associated with recreation on the lands owned or managed by the department or related waters, including but not limited to food, beverages, clothing, firewood, souvenirs, photographs or film (video or still) or equipment repairs.

History

Authorizing statute(s): 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
History: NEW, 2005 MAR p. 430, Eff. 4/1/05.

Mont. Admin. R. 12.11.6510 Applicability

(1) This subchapter applies to:

(a) all legally accessible portions of the Blackfoot River from its headwaters to its confluence with the Clark Fork River near Bonner, Montana;

(b) the North Fork of the Blackfoot River downstream from the United States forest service boundary to the river's confluence with the main stem of the Blackfoot River; and

(c) lands adjacent to the Blackfoot River and the North Fork of the Blackfoot River that are owned or managed by the department.

History

Authorizing statute(s): 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
History: NEW, 2005 MAR p. 430, Eff. 4/1/05.

Mont. Admin. R. 12.11.6515 When a Special Recreation Permit Is Required

(1) Except as provided in ARM 12.11.6520, special recreation permits must be obtained for:

(a) commercial use;

(b) a competitive event; or

(2) The special recreation permit implemented by this subchapter is issued in lieu of a special use permit provided for under the Montana Fish, Wildlife and Parks, State Parks System Biennial Fee Rule for group use.

(3) A special recreation permit may be requested for a day, season of use, or other time period, up to a maximum of five years. The department will determine the appropriate term on a case-by-case basis.

History

Authorizing statute(s): 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
History: NEW, 2005 MAR p. 430, Eff. 4/1/05.

Mont. Admin. R. 12.11.6520 Blackfoot River Permit Waivers

(1) The department may waive the requirement to obtain a special recreation permit for a competitive event or organized group activity if the event or activity:

(a) is not commercial;

(b) does not award cash prizes;

(d) poses no appreciable risk for damage to lands owned or managed by the department or related water resource values;

(e) requires no specific management or monitoring;

(f) is consistent with the recreation management guidelines in the department's Blackfoot River Recreation Management Direction; and

(g) poses no appreciable risk to public health and safety.

(2) The department may waive the requirement to obtain a special recreation permit for commercial use, a competitive event or organized group activity if the use, event or activity:

(a) is conducted by an individual or entity owning land adjacent to the Blackfoot River that is managed by the department; and

(b) occurs entirely on the land owned by the individual or entity and managed by the department.

History

Authorizing statute(s): 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
History: NEW, 2005 MAR p. 430, Eff. 4/1/05.

Mont. Admin. R. 12.11.6525 Special Recreation Permits and Hunting, Trapping and Fishing Licenses

(1) Persons holding a valid department license do not need a special recreation permit to hunt, fish or trap. Persons hunting, fishing, or trapping shall comply with hunting, fishing and trapping license requirements. Special recreation permits do not alone authorize hunting, fishing, and trapping.

(2) Outfitters providing services to hunters, trappers, or anglers shall obtain special recreation permits from the department.

History

Authorizing statute(s): 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
History: NEW, 2005 MAR p. 430, Eff. 4/1/05.

Mont. Admin. R. 12.11.6530 Applying for Special Recreation Permits

(1) All persons sponsoring or conducting commercial uses and competitive events requiring a special recreation permit should apply to the department at least 60 days before the use is intended to begin in order for the department to process the application and determine whether environmental analysis is required. The department shall attempt to process applications received less than 60 days before the use is intended to begin on a case-by-case basis. The department shall inform applicants of the status of their application within 30 days after the filing date of the application. The department may require more than 60 days to process an application if the proposed use or event requires significant environmental analysis.

(2) All persons sponsoring or conducting an organized group activity should contact the department at least 30 days before the activity is intended to begin. The department shall attempt to process applications received less than 30 days before the use is intended to begin on a case-by-case basis. The department shall inform applicants of the status of their application within 14 days after the filing of the application. The department may require more than 30 days to process an application if the proposed activity requires significant environmental analysis.

History

Authorizing statute(s): 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
History: NEW, 2005 MAR p. 430, Eff. 4/1/05.

Mont. Admin. R. 12.11.6535 Special Recreation Permit: Required Application Information

(1) An application for a special recreation permit must include:

(a) a completed special recreation application and permit form; and

(b) other relevant information in sufficient detail to allow the department to evaluate the nature and impact of the proposed activity, including measures the applicant will use to mitigate adverse impacts.

History

Authorizing statute(s): 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
History: NEW, 2005 MAR p. 430, Eff. 4/1/05.

Mont. Admin. R. 12.11.6540 Permitting Decisions

(1) The department has discretion over whether to issue a special recreation permit. Permitting decisions are based on the following factors to the extent that they are relevant:

(a) conformance with laws, rules, recreation management plans, and land use plans;

(b) public safety;

(d) resource protection;

(e) the public interest served;

(f) whether in the past the applicant complied with the terms of his/her permit or other authorization from the department and other agencies;

(g) conformance with maximum group size requirements identified in the department's environmental assessment decision notice and the department's parks division biennial fee rule; and

(h) such other information that the department finds appropriate.

History

Authorizing statute(s): 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
History: NEW, 2005 MAR p. 430, Eff. 4/1/05.

Mont. Admin. R. 12.11.6545 Blackfoot River Special Recreation Permit Fees

(1) The department shall require payment of fees for commercial use, competitive events, and organized group activities requiring a special recreation permit that occur on, or originate or terminate on lands adjacent to the Blackfoot River that are owned or managed by the department, except as provided in (2).

(2) The department may waive special recreation permit fees on a case-by-case basis for:

(a) noncommercial use for organized group activities that are for educational purposes, accredited academic, scientific, and research institutions, therapeutic, providing a public service, or administrative uses; and

(b) commercial use, competitive events, or organized group activities conducted by individuals or entities entirely on land they own adjacent to the Blackfoot River that is managed by the department and available to the public.

(3) Fees pursuant to this rule shall be established through the department's biennial fee rule process.

(4) The department may adjust the fees as necessary to reflect changes in costs and the market and to ensure consistency with the special recreation permit fees established by the Bureau of Land Management.

(5) The department may charge a fee for recovery of costs associated with significant environmental analysis when processing a permit application.

(6) Applicants must pay the required fees before the department authorizes special recreation permit use and by the deadlines that the department shall establish in each case. The department may not process or continue processing applications until the required fees or installments are paid.

History

Authorizing statute(s): 23-1-105, 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
History: NEW, 2005 MAR p. 430, Eff. 4/1/05.

Mont. Admin. R. 12.11.6550 When Fees Are Refundable

(1) For multi-year commercial permits, if the permittee's actual fees due are less that the estimated fees that the permittee paid in advance, the department shall credit overpayments to the following year or season. For other permits, the department shall provide the option of receiving a refund or crediting overpayments to future permits.

(2) Application fees and minimum annual commercial use fees are not refundable.

History

Authorizing statute(s): 23-1-105, 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
History: NEW, 2005 MAR p. 430, Eff. 4/1/05.

Mont. Admin. R. 12.11.6555 Special Recreation Permit Stipulations

(1) The department shall establish stipulations that must be complied with in order to receive and/or retain a special recreation permit.

(2) The department shall require commercial users, except vendors, to obtain a professional liability insurance policy covering property damage and personal injury that the department judges sufficient to protect the public, the state of Montana, and the federal government.

(3) The department may require insurance for competitive events, vendors or organized group activities if the department determines that the proposed activity may cause appreciable environmental degradation or risk to human safety or health.

(4) The department shall require permittees to report their use of the Blackfoot River and lands adjacent to the Blackfoot River that are owned or managed by the department. The department shall include specific reporting requirements as permit stipulations.

(5) The department may require an applicant to submit a payment bond or other financial guarantee if the department determines that the proposed use, activity or event might cause appreciable environmental degradation or risk to human health and safety.

History

Authorizing statute(s): 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
History: NEW, 2005 MAR p. 430, Eff. 4/1/05.

Mont. Admin. R. 12.11.6560 Permit Renewals

(1) The department may renew a special recreation permit upon application at the end of its term only if:

(a) the permit is in good standing;

(b) the permitted activity is consistent with management plans and policies that apply to the Blackfoot River and lands adjacent to the Blackfoot River that are owned or managed by the department; and

History

Authorizing statute(s): 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
History: NEW, 2005 MAR p. 430, Eff. 4/1/05.

Mont. Admin. R. 12.11.6565 Permit Transfers

(1) In the case of a sale or transfer of a business that is authorized to conduct commercial use on the Blackfoot River, the person or entity acquiring the business must complete the standard permit application process as provided for in ARM 12.11.6530 and 12.11.6535.

History

Authorizing statute(s): 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
History: NEW, 2005 MAR p. 430, Eff. 4/1/05.

Mont. Admin. R. 12.11.6570 Amendment, Suspension, or Cancellation of a Special Recreation Permit

(1) The department may amend, suspend, or cancel a special recreation permit if necessary to protect public health, public safety, or the environment.

(2) The department may suspend or cancel a special recreation permit if the permittee violates or fails to comply with a permit stipulation or is convicted of violating a federal or state law or regulation concerning the conservation or protection of natural resources, the environment, endangered species, or antiquities.

History

Authorizing statute(s): 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
History: NEW, 2005 MAR p. 430, Eff. 4/1/05.

Mont. Admin. R. 12.11.6575 Special Recreation Permit Appeal Process

(1) A person who has been denied a special recreation use permit or denied renewal of a special recreation permit, or a person whose special recreation permit has been suspended or cancelled may appeal the permitting decision in writing to the director within 30 days of the date of mailing of the notice of the permitting decision. Persons not appealing within 30 days have waived their right to appeal.

(2) The director or the director's designee shall issue a written decision on the appeal. The director's decision is final.

History

Authorizing statute(s): 23-1-106, 23-2-103, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-106, 87-1-301, 87-1-303, MCA
History: NEW, 2005 MAR p. 430, Eff. 4/1/05.

Subchapter 12.11.66 Public Water Closures Due to Emergency

Mont. Admin. R. 12.11.6601 Department's Authority to Close Public Waters Due to Emergency

(1) The commission authorizes the department to adopt temporary emergency rules to close public waters or portions thereof to public use as provided in ARM 12.11.6603.

(2) Public use of the water means boating, floating, swimming, fishing, and any other public occupation of the waters.

(3) The commission authorizes the department to reopen public waters closed by temporary emergency rule as provided in ARM 12.11.6603.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 2-4-303, 87-1-303, MCA
History: NEW, 2008 MAR p. 1317, Eff. 6/27/08; AMD, 2009 MAR p. 2146, Eff. 11/13/09.

Mont. Admin. R. 12.11.6603 Emergency Public Water Closure Criteria

(1) The department may, pursuant to ARM 12.11.6601, adopt temporary emergency rules under the following criteria.

(a) The department receives written request for closure of public waters from the interagency fire management team or similar authority that provides the description of where to implement the fire closure.

(b) The department determines that firefighting efforts on or near the water creates imminent peril to the public health, safety, or welfare.

(c) The department determines that dangerous conditions exist on or near the water that creates imminent peril to public health, safety, or welfare.

(2) The department may reopen the waters by repealing a temporary emergency rule when it determines that firefighting efforts or dangerous conditions on or near the water have subsided to the extent that imminent peril to the public health, safety, and welfare no longer exists.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 2-4-303, 87-1-303, MCA
History: NEW, 2008 MAR p. 1317, Eff. 6/27/08; AMD, 2009 MAR p. 2146, Eff. 11/13/09.

Mont. Admin. R. 12.11.6605 Notification of Emergency Public Water Closure Areas

(1) Prior to or simultaneously with the effective date of the closure the department shall:

(a) notify the commission;

(b) post notice of the closure on the agency web site;

(d) send press releases regarding the closure to newspapers and media outlets having general distribution in the affected watershed or water body.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 2-4-303, 87-1-303, MCA
History: NEW, 2008 MAR p. 1317, Eff. 6/27/08; AMD, 2009 MAR p. 2146, Eff. 11/13/09.

Subchapter 12.11.67 Madison River Recreation Management

Mont. Admin. R. 12.11.6701 Madison River Reporting Requirements

(1) All persons recreating on the Madison River must provide the required information in the manner prescribed by the department. Each year, information gathered will be reported to the Madison River Work Group and commission.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2020 MAR p. 2324, Eff. 12/25/20.

Mont. Admin. R. 12.11.6702 Walk/Wade Sections of Madison River

(1) Fishing from a boat or vessel is prohibited from the outlet of Quake Lake to Lyons Bridge.

(2) Fishing from a boat or vessel is prohibited from Ennis Bridge to Ennis Reservoir.

(3) ARM 12.11.6702 will be implemented as a trial program in January 1, 2022 unless adjusted by the work group as prescribed in ARM 12.11.6710.

(4) The commission will review ARM 12.11.6702 in 2023 as prescribed by ARM 12.11.6711.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2020 MAR p. 2324, Eff. 12/25/20; AMD, 2022 MAR p. 687, Eff. 5/14/22.

Mont. Admin. R. 12.11.6705 Madison River Commercial Use Cap

(1) Fishing outfitters and guides may only operate on the Madison River as long as they have a Madison River Special Recreation Permit and trips allotted them as provided by these rules.

(2) The total number of fishing outfitting and guided trips per individual outfitter and guide is capped at the number of trips reported in 2019 or 2020, whichever is higher.

(3) ARM 12.11.6705 will be implemented upon adoption of:

(a) an allocation method; or

(b) a comprehensive river plan and rule package.

(4) The commission will review ARM 12.11.6705 in 2023 as prescribed by ARM 12.11.6711.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2020 MAR p. 2324, Eff. 12/25/20; AMD, 2021 MAR p. 923, Eff. 7/24/21; AMD, 2022 MAR p. 1808, Eff. 9/24/22.

Mont. Admin. R. 12.11.6710 Madison River Work Group

(1) The commission shall develop the membership of and appoint a Madison River Work Group. The work group will consist of:

(a) three commercial outfitters with a current Madison River Special Recreational Use Permit;

(b) three non-commercial Madison River users;

(d) one member trained in natural resources management and not currently working for the Department of Fish, Wildlife and Parks;

(e) one representative from the Fish and Wildlife Commission;

(f) one representative from the Bureau of Land Management; and

(g) one at-large member whose selected qualities are largely outside the above descriptions for other work group members.

(2) The members of the working group shall be appointed for three years.

(3) The work group will be staffed by department employees.

(4) The work group may develop recommendations to the commission for approval regarding:

(a) the allocation of commercial use trips to outfitters;

(b) a process to permit new outfitters on the Madison River;

(c) rule language to address all recreational use on the Madison River, including walk/wade sections and rest rotation proposals to replace those in ARM 12.11.6702 and 12.11.6706; and

(d) consequences of permit violations.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2020 MAR p. 2324, Eff. 12/25/20.

Mont. Admin. R. 12.11.6711 Review of Recreation Rules for Madison River

(1) The commission shall review:

(a) ARM 12.11.6702, 12.11.6705, and 12.11.6706 in 2023; and

(b) the rules governing recreational use on the Madison River every five years beginning in 2024.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2020 MAR p. 2324, Eff. 12/25/20.

Mont. Admin. R. 12.11.6715 Limit Development on Madison River

(1) Any department acquisition for a fishing access site below Greycliff Fishing Access Site made after January 2, 2021, will be designated as carry-in only without boat ramp development.

History

Authorizing statute(s): 87-1-303, MCA
Implementing statute(s): 87-1-303, MCA
History: NEW, 2020 MAR p. 2324, Eff. 12/25/20.

Subchapter 12.11.68 Smith River Commercial Use Permit

Mont. Admin. R. 12.11.6801 Smith River Permit Commercial Use Permit

(1) No person, group or entity may conduct commercial use within the Smith River State Park and River Corridor without first obtaining a commercial use permit from the department.

(2) Commercial use shall be administered in accordance with the department's commercial use rules, including but not limited to the department's authority to establish terms and conditions for commercial use.

(3) Commercial outfitters and guides conducting angling trips must be licensed by the State of Montana. The commercial outfitters authorized to conduct commercial float trips on the Smith River are limited to those outfitters identified in Appendix A to the State Parks and Recreation Board's Smith River biennial rules. The department may update Appendix A as necessary to reflect business transfers.

(4) Any commercial launches held by the outfitters currently identified in Appendix A that may become available by no longer being allocated to a valid commercial use permit will be made available to all commercial fishing and floating outfitters via a random lottery to be conducted by the department.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 23-2-408, MCA
Implementing statute(s): 23-2-408, 23-2-409, MCA
History: NEW, 2024 MAR p. 2137, Eff. 9/7/24.

Mont. Admin. R. 12.11.6802 Smith River Commercial Use Permit Restrictions

(1) Commercial outfitters are limited to a maximum of 73 float trips per calendar year.

(2) The department shall establish commercial outfitter float trip dates in consultation with the commercial outfitters and in accordance with the following criteria:

(a) For launch dates during April and from August 1 through 15, all commercial outfitters must finalize their float trip dates seven days prior to the private permit lottery referenced in ARM 12.3.650. Commercial outfitters seeking to reschedule a float trip in the above-referenced timeframe after the private permit lottery must use the reservation system to request a cancelled float trip. All commercial float trips not reserved by an outfitter as required above will be available to the public in the private permit lottery.

(b) For launch dates during May, June, and July, all commercial float trips not reserved by a commercial outfitter will be designated "On Hold" and will not be included in the private permit lottery referenced in ARM 12.3.650. After the lottery, commercial outfitters may utilize available "On Hold" float trips 29 or more days in advance of an available date. All commercial float trips not utilized by an outfitter will be available to the public via the reservation system 28 days prior to the float trip date. Commercial outfitters seeking to reschedule a float trip to an available date 28 days or fewer from a desired float trip date must use the public reservation system to request an open float trip.

(3) There is a maximum of one commercial float trip allowed on Mondays, Tuesdays, Thursdays, Fridays, and Saturdays and a maximum of two commercial launches allowed on Sundays and Wednesdays. This equates to a maximum of nine commercial float trips per week.

(4) Commercial outfitters must cancel all un-booked float trips a minimum of 14 days prior to the float trip date. The park manager may waive disciplinary action for float trips cancelled less than 14 days prior to the float trip date due to unsafe conditions caused by inclement weather or river flows, insufficient flows for navigability, or other similar exigent circumstances. This does not include float trips cancelled due to undesirable conditions.

(5) Commercial float trip fees must be paid at Camp Baker prior to launching.

(6) The park manager may waive the float trip fee and other related fees for a maximum of two commercial float trips each season on a case-by-case basis when the commercial user donates one or more float trips to a recognized charitable or not-for-profit event and the commercial user is not compensated. No additional commercial float trips may be authorized under this provision. Commercial outfitters requesting a fee waiver must submit a written request to the park manager a minimum of 30 days prior to the anticipated float trip date. Waiver requests shall be considered in the order received.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 23-2-408, MCA
Implementing statute(s): 23-2-408, 23-2-409, MCA
History: NEW, 2024 MAR p. 2137, Eff. 9/7/24.

Chapter 12.12 Recreational Land Use

Subchapter 12.12.1 Public Use

Mont. Admin. R. 12.12.101 General Policy

(1) The following regulations shall govern the use of all lands under the control, administration, and jurisdiction of the Department of Fish, Wildlife and Parks.

(2) Regulations governing each specific area will be posted by the department on site and available on the FWP website and at FWP regional offices.

(3) Lands controlled or administered by the department may be used for recreation or other purposes as set forth in these or other applicable rules or as otherwise provided by law.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.102 Definitions

(1) "Board" means the State Parks and Recreation Board established in 2-15-3406, MCA.

(2) "Camping" means to occupy a camping unit for temporary residence or sleeping purposes.

(3) "Camping facility" means a lodging structure for overnight sleeping purposes such as cabins, tipis, or yurts.

(4) "Camping party" means any individual or group occupying a campsite.

(5) "Camping unit" means one sleeping device or shelter, a tent, motorhome, camping bus, truck-mounted camping shell, pull-type camper, or other device designed and commonly used for sleeping.

(6) "Campsite" means any area officially authorized to allow camping including designated, numbered, and dispersed camping sites.

(7) "Commission" means the Fish and Wildlife Commission established in 2-15-3402, MCA.

(8) "Day use" means the hours of the half hour before official sunrise to the half hour after official sunset.

(9) "Department" means the Department of Fish, Wildlife, and Parks.

(10) "Developed area" means all or a part of a public use site that includes human-made features that are designed to facilitate recreational activities. These features include parking areas, bathroom facilities, designated camping spaces, picnic facilities, established roads and trails, planted and maintained lawn or grass areas, boat launch facilities, dock facilities, interpretive facilities, and other improvements.

(11) "Director" means the director of the Department of Fish, Wildlife, and Parks.

(12) "Dispersed camping" means camping that occurs in areas that are not highly developed or individually signed and/or numbered.

(13) "Domestic animals" means dogs, cats, or other animals commonly owned as pets.

(14) "Livestock" means horses, cattle, sheep, goats, llamas, donkeys, and other animals commonly used for riding, packing, or agricultural purposes.

(15) "Motorized vehicle" means a "motor vehicle" as defined in 61-1-101, MCA, and includes motorcycles, snowmobiles, off-highway vehicles, trailers, and motorhomes.

(16) "Non-Motorized vehicle" means any wheeled or tracked device not considered a motorized vehicle.

(17) "Occupancy" means the predetermined maximum number of camping units and/or individuals that may occupy a campsite or camping facility based on size, location, and other site attributes.

(18) "Occupy" means the use of a campsite or camping facility for the purposes of camping, by a person or party who has paid the camping fee within the applicable time limits or when it has been reserved through the appropriate procedures of the reservation system.

(19) "Primary occupant" means the person that a campsite or camping facility is registered to and who must be an occupant.

(20) "Public use sites" means fishing access sites, wildlife management areas, wildlife habitat protection areas, state parks, state parks-affiliated lands, fisheries conservation areas, or any other lands managed by the department for public use.

(21) "Special use permit" means a permit used to authorize special events, noncommercial activities, organized groups, and other special uses occurring at public use sites.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.103 Rules Posted by the Department

(1) The department will post site-specific rules for a public use site on location, online, and at FWP regional offices.

(2) While in a public use site, a person is required to comply with the rules set out in this chapter, or site-specific rules posted by the department.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.104 Prohibited Conduct

(1) The following conduct is prohibited in public use sites:

(a) arguing with, threatening, harassing, or intimidating another visitor or otherwise interfering with the lawful use by another;

(b) threatening, resisting, intimidating, arguing with, or intentionally interfering with any official, employee, or agent of the department engaged in the performance of his or her official duties or on account of the performance of his or her official duties;

(c) failing to comply with a lawful order issued by a department official, employee, or agent acting pursuant to these rules or law;

(d) creating a safety hazard;

(e) operating sound-emitting electronic devices, such as speakers, radios, televisions, or other equipment at a volume which projects sound in a manner that disturbs others; or

(f) operating generators where prohibited or during public use site quiet hours between 10:00 p.m. and 7:00 a.m.

(2) In addition to any other penalty posted by the department, individuals violating this rule may be expelled immediately from the public use site.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.105 Fee Compliance and Closure

(1) If in effect, fee requirements for public use sites shall be posted by the department on site.

(2) Regulations relating to establishment of fees for recreational use of lands owned and controlled by the state of Montana, acting by and through the commission or department will not be considered or processed as subject to the Montana Administrative Procedure Act.

(3) While in a public use site, payment is required for day use, camping, group use, or any other required fee.

(4) When a public use site is closed, a person may not enter or remain in the site.

(5) Wildlife management areas specifically managed as big game winter range, or portions of, are closed to all public entry from December 1 at 11:59 p.m. through May 15 at noon each year unless otherwise approved by the commission and posted by the department.

(6) Wildlife management areas not managed specifically for big game winter range are open for public entry year-round unless otherwise posted by the department.

(7) The department may make special regulations for limited entry to closed wildlife management areas access roads or parking areas before noon on May 15 for the purpose of managing vehicles, parking, public safety, and resource impacts. The regulations shall be posted by the department where in effect.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.106 Property Disturbance

(1) While in a public use site it is prohibited to:

(a) damage, destroy, or possess any natural features, developed features, or vegetation;

(b) damage, destroy, possess, or permit the disturbance or removal of topsoil or subsoil, nonfossilized and fossilized paleontological specimens, cultural or archeological resources, or the parts thereof;

(d) design, develop, construct, place, or occupy any unauthorized structure, roads, trails, signs, or landscape features;

(e) place or leave a geocache or other object without written permission from the department; or

(f) use a mineral or metal detector, magnetometer, or other metal detecting device at public use sites without written permission from the department.

(2) Unauthorized structures are subject to removal or impoundment.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.107 Designated and Dispersed Camping Sites

(1) Unless otherwise posted by the department, within a public use site it is prohibited to:

(a) camp in any area, except those specifically designated or marked for that purpose;

(b) camp, leave camping equipment, or otherwise attempt to occupy a campsite that is reserved or occupied by another person or group;

(c) leave a camping unit or other vehicle, equipment, or personal items in a campsite overnight without a person present;

(d) camp at one or more campsites in a public use area for a period of longer than 7 nights during any consecutive 30-day period, beginning with the first night occupied unless otherwise posted by the department;

(e) exceed the designated occupancy limit of a campsite; or

(f) travel more than 50 yards with a motorized vehicle from a designated road in areas designated for dispersed camping.

(2) Unless otherwise posted by the department, within a public use site, it is required to:

(a) comply with the terms of a special use permit; and

(b) vacate a campsite by the posted check-out time.

(3) Campsites shall be vacated by 1:00 p.m. on the day of departure.

(4) Camping facilities shall be vacated by 12:00 p.m. on the day of departure.

(5) Boat-in campsites shall be solely for the use of the individuals traveling by watercraft as their primary mode of transportation to the site.

(6) The maximum limit for a single occupancy campsite shall be eight people, one camping unit, and two additional tents unless otherwise authorized by the department.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.108 Fires and Fireworks

(1) Unless otherwise posted by the department in a public use site a person may not:

(a) light or maintain a fire at state parks or fishing access sites except in a designated fire ring;

(b) light or maintain a fire outside of a designated fire ring in a public use site where it is posted by the department that fires are limited to fire rings;

(d) light or maintain a fire or burning materials, that causes damage or threatens to cause damage to property or public use site resources, creates litter, or otherwise creates a public safety hazard;

(e) cause damage to property or resources, or otherwise create a public safety hazard;

(f) depart a campsite or day use area without completely extinguishing a fire; or

(g) light or discharge any fireworks, rockets, or other type of explosives including exploding targets.

(2) Smoking in a public use site is allowed in outdoor areas unless prohibitions are posted by the department.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.109 Food Storage

(1) In public use sites where food storage rules apply and are posted by the department, it is prohibited to fail to comply with the food storage rules. The following acts are prohibited annually from March 1 to December 1 on all public use sites where food storage rules apply:

(a) Possessing or storing any food for human or animal consumption, refuse, or items that may have remnants or smell like food or refuse (including personal hygiene products, beverages, unburned food or garbage residue from fire pits or stoves, or empty food or beverage containers but excluding water or water containers, hay, or hay cubes without additives), unless these items are:

(i) attended by a person who is awake, alert, and within one hundred feet and line-of-sight of the items;

(ii) suspended at least ten feet off the ground and at least four feet from any supporting tree or pole;

(iii) stored in a container or using a method listed in the most current Interagency Grizzly Bear Committee Certified Bear-Resistant Products list or that has been approved under the IGBC's courtesy inspection program (non-commercial products made for personal use may be inspected and approved under that program). This includes electric fences that are installed properly and meet the design and minimum electrical output specifications on that list, and are tested for proper operation at least every twenty-four hours with a voltmeter; or

(iv) stored in a closed vehicle, trailer, building, or facility constructed of solid, non-pliable material that, when secured, has no openings, hinges, lids, or coverings that would allow a bear to gain entry by breaking, bending, tearing, biting, or pulling with its claws (any windows must be closed). Horse or livestock trailers may not have any openings greater than ten inches in two dimensions, and food, refuse, or animal carcasses must be stored more than three feet from any opening.

(b) Possessing or storing any bird, fish, or other animal carcass or parts thereof (including livestock carcasses) that have not been prepared for human or animal consumption, unless these items are:

(i) being field dressed, transported, or prepared for eating;

(ii) stored in accordance with department-approved storage methods and at least one hundred yards from any known occupied camping area; or

(iii) possessed more than one quarter mile (straight-line distance) from any known occupied camping area and more than two hundred yards from any established trail or road.

(c) Camping within one hundred yards of any known bird, fish, or other animal carcass or parts thereof (including livestock carcasses) stored in accordance with Fish, Wildlife and Parks-approved storage methods; or one quarter mile of any known bird, fish, or other animal carcass or parts thereof (including livestock carcasses) not stored in accordance with Fish, Wildlife and Parks-approved storage methods.

(2) The following persons are exempt from this rule:

(a) persons with special authorization from the department that specifically exempts them from the effect of this rule; and

(b) any federal, state, or tribal employee placing baits for research or management purposes as part of their official duties.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.110 Sanitation and Waste Disposal

(1) Unless otherwise posted by the department in a public use site, a person may not:

(a) deposit household or commercial garbage or trash at a public use site brought in from another property;

(b) dispose or dump sewage or wastewater from trailers, campers, boats, or portable toilets anywhere except in designated facilities;

(d) dispose of human bodily waste in developed areas, except at a designated restroom, latrine, or other facility intended for such purpose;

(e) in undeveloped areas, dispose of human bodily waste within 100 feet of a water source, campsite, or trail unless otherwise posted by the department;

(f) where required, dispose of human waste or toilet paper anywhere but in a department-approved human waste carry-out system; or

(g) dispose or burn trash in fire rings such as aluminum cans, glass bottles, steel cans, diapers, and all other trash.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.111 Domestic Animals

(1) Except as otherwise posted by the department, domestic animals within a developed area must be physically restrained or on a leash no greater than eight feet in length at all times.

(2) The owner, handler, or person who brought a domestic animal into a public use site is responsible for that animal and is prohibited from:

(a) allowing a domestic animal to dig, disturb, or otherwise damage a developed area;

(b) allowing a domestic animal to be in an area or facility where it is posted by the department that domestic animals are prohibited (excluding service animals);

(d) failing to remove and properly dispose of any waste produced by the domestic animal in a developed area; or

(e) allowing a domestic animal to bite, chase, harass, or create a nuisance, annoyance, or danger to visitors, wildlife, and other animals.

(3) Written authorization by the department is required prior to conducting organized dog training or field trials on public use sites.

(4) In addition to any other penalty in this chapter, individuals in possession of such animals may be expelled from the site.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.112 Livestock

(1) The department may close trails and other parts of public use sites to the use of horses, llamas, or similar animals.

(2) Unless otherwise posted by the department, and except where specifically permitted or authorized by a lease, license, or other written agreement with the department, a person may not range, graze, water, or allow cattle or other livestock in public use sites.

(3) A person is required to clean up animal feces, feed, or bedding materials in the developed area of a public use site.

(4) Horses, llamas, or similar animals must be corralled or tethered when not in use.

(5) Proof of certified, weed-free feed is required on all department lands.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.113 Weapons

(1) The possession, display, carrying, discharge, or use of a weapon in public use sites must be in compliance with Titles 23, 45, and 87, MCA.

(2) Public use sites, or portions thereof, may be closed to the discharge of weapons as defined in 45-2-101, MCA, when the director determines there is an undue hazard to human safety, or to protect property and public resources. The closure does not apply to lawful discharges in cases of self-defense.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.114 Hunting and Trapping

(1) When open to public use, wildlife management areas and fishing access sites are open to all commission-established hunting and trapping seasons unless otherwise prohibited and posted. The commission authorizes the department to issue specific restrictions on hunting and trapping at a wildlife management area or fishing access site.

(2) State parks are open to all commission-established hunting seasons unless prohibited by the board. The board authorizes the department to issue specific restrictions on hunting at a state park where hunting is allowed.

(3) While hunting in a public use site it is prohibited to hunt within a posted safety zone.

(4) Where hunting is legally allowed, temporary hunting blinds, tree stands, goose pits, and similar structures are allowed and must be removed at the end of the season.

(5) Trapping is prohibited in state parks unless authorized by the board. The board authorizes the department to issue specific restrictions on trapping at a state park where trapping is allowed.

(6) Written authorization by the department is required prior to trapping on department lands.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.115 Motorized and Non-Motorized Vehicles

(1) The rules in this chapter apply to all motorized and non-motorized vehicles. The following are prohibited in public use sites:

(a) operating a motorized or non-motorized vehicle in violation of posted traffic rules, such as speed limits, yield or stop signs, and directional signage;

(b) operating a motorized or non-motorized vehicle off of authorized routes;

(d) driving or operating a vehicle beyond or around a barrier or structure intended to physically prevent such use;

(e) operating a snowmobile except in designated areas; or

(f) operating non-motorized vehicles in violation of posted restrictions.

(2) Unless otherwise posted by the department the maximum speed limit within a developed area is 15 miles per hour, and the maximum speed limit elsewhere in a public use site is 25 miles per hour.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201,87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201,87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.116 Parking

(1) The department may designate and sign individual parking spaces or groups of parking spaces for vehicle parking, boat trailer parking, day use parking, and registered camper parking at public use sites. Parking outside of these designated, signed parking spaces is prohibited.

(2) It is prohibited to park a vehicle in any public use site in violation of the posted parking rules.

(3) Vehicles parked in any public use site in violation of (1) and posing an immediate and significant public safety concern may be towed.

(4) If the operator is not with the vehicle at the time of the violation, the registered owner of the motor vehicle is personally responsible for the costs. A defense that the motor vehicle was driven into a public use site by another person is not allowed unless it is shown that at the time, the motor vehicle was being used without the consent of the registered owner.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.117 Unmanned Vehicles

(1) Unless permitted by the department, it is prohibited to launch or operate an unmanned terrestrial, aerial, or aquatic vehicle from or on a public use site.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.118 Abandoned Property

(1) Property, other than vehicles, left unattended for more than 48 hours may be impounded, except where otherwise posted by the department.

(2) Unattended property that interferes with public safety, orderly management of the public use site or presents a significant threat to department resources may be impounded immediately.

(3) Unattended property impounded pursuant to this rule shall be deemed abandoned unless claimed by the owner or an authorized representative thereof within 60 days. The 60-day period shall begin at the time the property is placed in the department's custody.

(4) Property left unclaimed pursuant to (3) will be disposed of in accordance with Montana Operations Manual surplus property policy authorized by 18-6-101, MCA.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.119 Day Use, Group Use, and Special Use Permit

(1) Special use permits must be obtained when required.

(2) A special use permit and payment of required fees are required for:

(a) organized groups or gatherings with 30 or more people at a state park or fishing access site, and 10 or more people at a wildlife management area, fisheries conservation area, or wildlife habitat protection area;

(b) special events such as weddings and reunions; or

(3) A special use permit may be required for:

(a) organized groups or gatherings with fewer than 30 people; or

(b) special uses or activities based on type of use or site-specific conditions.

(4) The availability of a special use permit depends on factors such as:

(a) management purposes for the site;

(b) department capacity to manage the event or activity;

(d) impacts on interpretive, visitor service, other program activities, or with the administrative activities of the department; or

(e) impacts on the general public at the site.

(5) Facilities such as shelters, pavilions, amphitheaters, meeting rooms, or other similar facilities or areas may be reserved, subject to availability and approval by staff.

(a) Reservations must be made within the established reservation window.

(b) Reservations may be denied or canceled by the site manager to address public safety or resource protection concerns.

(d) If not reserved, facilities are available on a first-come, first-served basis.

(6) All recipients of a special use permit and people associated with the permitted activity must comply with the terms and conditions of the permit.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.120 Soliciting and Public Assembly

(1) Soliciting or demanding gifts, money, goods, or services is prohibited at public use sites, except pursuant to the terms and conditions of a special use permit, commercial use permit, or other contract issued by the department for such activity.

(2) Public assembly, including demonstrations, picketing, speechmaking, marching, holding vigils or services, dissemination or sharing of other information, and similar forms of conduct that involve the communication or expression of views or grievances, or are reasonably likely to attract a crowd or onlookers, are allowed at public use sites when a permit has been issued.

(3) The department may place stipulations on the permitted activity, such as stipulations to protect public health and safety, protection of site resources, and to ensure the activity is consistent with the purpose of the site.

(4) An application for a permit must be submitted on a form provided by the department.

(5) Areas within public use sites may be designated for permitted public assembly activities provided that activities would not:

(a) cause injury or damage to cultural, heritage, natural, wildlife, and recreational resources;

(b) interfere with the management purposes for the site;

(d) unreasonably interfere with interpretive, visitor service, or other program activities, or with the administrative activities of the department;

(e) substantially impair the operation of public use facilities or services of concessioners, holders of commercial use authorizations, or contractors;

(f) present a clear and present danger to the public health and safety; or

(g) be otherwise incompatible with the nature and traditional use of the particular site involved.

(6) The department must issue a permit or a written denial within ten days of receiving a complete and fully executed application. A permit will be issued unless:

(a) a prior permit application has been or will be granted for the same time and place, and the activities authorized by that permit do not reasonably allow multiple occupancy of that particular area;

(b) it reasonably appears that the event will present a clear and present danger to public health or safety;

(c) the event is of such nature or duration that it cannot reasonably be accommodated in that site, considering things such as damage to site resources or facilities, impairment of a protected area's atmosphere of peace and tranquility, interference with program activities, or impairment of public use facilities;

(d) the location applied for has not been designated as available under (5); or

(e) the activity would constitute a violation of an applicable law or regulation.

(7) The permit may contain conditions reasonably consistent with the requirements of public health and safety, protection of resources, and the use of the site for the purposes for which it was established. It may also contain reasonable limitations of the equipment used and the time and area within which the event is allowed.

(8) Violation of these regulations or the terms of the permit may lead to permit revocation in addition to other applicable penalties.

(9) Revocation of a permit or an order to cease will be made in writing, with the reasons clearly set forth. In emergency situations, a verbal revocation or order to cease may take place, followed by written confirmation within 72 hours.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.121 Emergency Closures

(1) The commission and board authorize the department to adopt temporary emergency rules to close a public use site or portions thereof to public use as provided in ARM 12.12.122.

(2) Public use of the public use site means any public occupation of the land.

(3) The commission and board authorize the department to reopen designated recreation areas closed by temporary emergency rules as provided in ARM 12.12.122.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.122 Emergency Closure Criteria

(1) The department may, pursuant to ARM 12.12.121, adopt temporary emergency rules under the following criteria:

(a) the department receives written request for closure of a public use site from the interagency fire management team or similar authority that provides the description of where to implement the fire closure;

(b) the department determines that firefighting efforts on or near the public use site create imminent peril to the public health, safety, or welfare; or

(c) the department determines that dangerous conditions exist on or near the public use site that create imminent peril to public health, safety, or welfare.

(2) The department may reopen the public use site by repealing a temporary emergency rule when it determines that firefighting efforts or dangerous conditions on or near the area have subsided and imminent peril to the public health, safety, and welfare no longer exists.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.123 Notification of Emergency Closure Areas

(1) Prior to, or simultaneously with, the effective date of the closure of a public use site, the department shall:

(a) notify the commission or board;

(b) post notice of the closure on the agency website;

(d) send press releases regarding the closure to newspapers and media outlets having general distribution in the affected area.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Mont. Admin. R. 12.12.140 Penalties and Appeal

(1) Except where otherwise specified, a violation of these rules is a misdemeanor pursuant to 23-1-106 or 87-6-102, MCA.

(2) Individuals violating these rules may also be expelled immediately from a public use site for up to 48 hours. Failure to comply with the expulsion may constitute criminal trespass.

History

Authorizing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-102, 23-1-106, 23-1-111, 87-1-201, 87-1-301, 87-1-303, MCA
History: NEW, 2024 MAR p. 45, Eff. 1/13/24.

Chapter 12.14 Commercial Use

Subchapter 12.14.1 Commercial Use Permitting Requirements

Mont. Admin. R. 12.14.101 Definitions

(1) "Allocation" means distributing limited use opportunities when a rationing system is in place.

(2) "Authorization" means written permission granted to a person or entity by the department to conduct commercial use.

(3) "Board" means the State Parks and Recreation Board of the state of Montana.

(4) "Commercial use" means any person or entity that utilizes land under the control, administration, and jurisdiction of the Montana Department of Fish, Wildlife and Parks for consideration. Commercial use includes any person, group, or organization, that makes or attempts to make a profit, vend a service or product, receive money, amortize equipment, or obtain goods or services as compensation from participants in activities occurring on land that is under the control, administration, and jurisdiction of the department. This includes nonprofit organizations and educational groups that receive money from participants in activities occurring on department land. This includes a person whose business operates on department land, regardless of that person's physical presence at the site, but does not include a person who rents, sells, or otherwise provides equipment or merchandise that is used on department land unless the renting, selling, delivering, or providing of equipment or merchandise takes place on department land. Examples of commercial use that are governed by these rules include but are not limited to: trail rides, guided walks or tours, float trips, guided angling or hunting, game retrieval, professional dog training, equipment rentals, retail sales, food concessions, filming, firewood cutting, construction-related activities, research when accompanied by paying clients, or any combination thereof.

(5) "Commission" means the Fish and Wildlife Commission of the state of Montana.

(6) "Concession service" means a commercial business that provides multiple services or products on department land. Examples include but are not limited to marinas, lodging, equipment rental or sales, retail sales, and food services.

(7) "Consideration" means something of value given or done in exchange for something of value given or done by another.

(8) "Department" means the Department of Fish, Wildlife and Parks of the state of Montana.

(9) "Department land" means all lands under the control, administration, or jurisdiction of the Department of Fish, Wildlife and Parks.

(10) "Educational group" means an organized group that is officially recognized as an educational or scientific institution by a federal, state, or local government entity. Documentation of this recognition must be on institutional letterhead and include a signature by the head of the institution/department and documentation of official educational or scientific tax exemption as granted by the Internal Revenue Service.

(11) "Guide" means a person who is employed by or who has contracted independently with a licensed outfitter and who accompanies a participant during outdoor recreational activities that are directly related to activities for which the outfitter is licensed.

(12) "Mitigation" means an enforceable measure, within the authority of the agency or mutually agreed to by the permit holder that is designed to reduce or prevent undesirable effects or impacts of the proposed use.

(13) "Nonprofit organization" means an organization that is officially registered as a 501(c) tax exempt organization.

(14) "Outfitter" means any person, except a person providing services on real property that the person owns for the primary pursuit of bona fide agricultural interests, who for consideration provides any saddle or pack animal; facilities; camping equipment; vehicle, watercraft, or other conveyance; or personal service for any person to hunt, trap, capture, take, kill, or pursue any game, including fish, and who accompanies that person, either part or all of the way, on an expedition for any of these purposes or supervises a licensed guide or professional guide in accompanying that person.

(15) "Ration" means to regulate use intensity by limiting the amount of use on a site.

(16) "Restricted water body" means a body of water regulated by special rules governing commercial use, such as rules that restrict the timing, location, amount, or type of commercial use that occurs. "Restricted water body" includes a body of water that is under a cooperative management agreement with another agency concerning commercial use.

(17) "Site" means an individual unit of land, or portion thereof, owned or managed by the department.

(18) "Water-based service provider" means any person who for consideration provides any facilities; camping equipment; vehicle, watercraft, or other conveyance; or personal service for any person to float or otherwise recreate on the water in the absence of hunting or angling, and who accompanies that person, either part or all of the way, on an expedition for any of these purposes or supervises a person in accompanying that person.

History

Authorizing statute(s): 23-1-105, 23-1-106, 23-1-111, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-105, 23-1-106, 87-1-303, MCA
History: NEW, 2007 MAR p. 88, Eff. 1/26/07; AMD, 2009 MAR p. 2245, Eff. 11/26/09; AMD, 2014 MAR p. 2648, Eff. 10/24/14.

Mont. Admin. R. 12.14.105 Applicability of Commercial Use Rules

(1) The following rules shall govern commercial use, as defined in ARM 12.14.101, that occurs on department land and restricted waterbodies.

(2) The department may apply these rules to leased lands and easements when specific terms, conditions, contracts, or agreements authorize the department to manage use of these lands.

(3) Noncompliance with the commercial use rules constitutes a violation of commission and board rules and regulations and as such may be punishable by citation and suspension or revocation of commercial use privileges at department sites.

History

Authorizing statute(s): 23-1-105, 23-1-106, 23-1-111, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-105, 23-1-106, 87-1-303, MCA
History: NEW, 2007 MAR p. 88, Eff. 1/26/07; AMD, 2009 MAR p. 2245, Eff. 11/26/09; AMD, 2014 MAR p. 2648, Eff. 10/24/14.

Mont. Admin. R. 12.14.110 Exceptions to Applicability of Commercial Use Rules

(1) These commercial use rules do not apply to commercial activities or uses that are initiated or invited by the department for the purpose of manipulating, enhancing, or otherwise improving the habitat of a site. Such uses shall continue to be governed by the department's land lease-out policy. Examples include but are not limited to livestock grazing, farming, haying, fencing, and timber harvest.

(2) These commercial use rules do not apply to the leasing of department land for communication towers, utility easements, and granting of right-of-way. These types of commercial use shall continue to be governed by the department's land lease-out policy.

(3) These commercial use rules do not apply to the leasing of department oil and gas reserves. These uses shall continue to be governed by the department's oil and gas reserves leasing policy.

(4) These commercial use rules do not apply to the transferring of vehicles or people to or from a department site.

(5) These commercial use rules do not apply to the collection of antlers.

(6) These commercial use rules do not apply to trapping or commercial activities under Title 87, chapter 4, parts 2 through 10, MCA (taxidermists, fur dealers, alternative livestock, shooting preserves, fish ponds, sale of game, menageries and zoos, game bird farms, and fur farms), except commercial dog training and field trials conducted for commercial purposes.

(7) These commercial use rules do not apply to the press or the news media when photographing, filming, or reporting on activities that occur on department land.

(8) These commercial use rules do not apply to consignment sales when the department sells merchandise on behalf of a business and a portion of the revenue is allocated to the department.

(9) These commercial use rules do not apply to commercial activities or uses that are initiated or invited by the department for the purpose of addressing public safety concerns. Examples include but are not limited to hazardous tree removal and fuel reduction efforts to reduce fire danger.

(10) These commercial use rules do not apply to fishing tournaments conducted by nonprofit organizations.

(11) These commercial use rules do not apply to an individual photographer or videographer operating on his or her own without the use of models, props, crew members, or clients.

(12) These commercial use rules do not apply to block management lands.

(13) These rules do not apply to concession contracts as described in ARM 12.14.155.

History

Authorizing statute(s): 23-1-105, 23-1-106, 23-1-111, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-105, 23-1-106, 87-1-303, MCA
History: NEW, 2007 MAR p. 88, Eff. 1/26/07; AMD, 2014 MAR p. 2648, Eff. 10/24/14.

Mont. Admin. R. 12.14.115 General Policy

(1) Department land belongs to the people of Montana and is managed by the department in trust for the benefit of current and future generations of the people. The department's responsibilities include maintaining or enhancing the fish, wildlife, natural, cultural, park, and recreational resources for public benefit.

(2) Some types of commercial use can help the department to achieve its resource and visitor use management goals, provide desired services and amenities to the public, and create economic benefits to nearby communities. Commercial use must be properly managed to protect the safety of visitors, prevent or minimize conflicts with the public, prevent adverse impacts to natural and cultural resources, and other intended purposes of a site.

(3) Commercial use on department land is a privilege, not a right. Authorization to conduct commercial use may be denied, amended, suspended, or revoked at any time for cause. Historical commercial use of a site does not convey a right to conduct commercial use in the future. If it becomes necessary to ration and allocate commercial use, the department is not required to allocate opportunities based on historical use of a site.

(4) The department may prohibit, restrict, condition, or otherwise manage commercial use, including placing stipulations on the type, timing, location, duration, and quantity of commercial use. Reasons for prohibiting, restricting, conditioning, or otherwise managing commercial use include but are not limited to:

(a) protecting resources or mitigating impacts to resources;

(b) preventing or minimizing conflicts with the intended purpose for which the department acquired, maintains, or manages a site;

(d) providing for the public's safety and welfare; or

(e) other purposes identified by the department.

(5) Restrictions, including prohibitions, rationing, and allocation on water-based outfitters and guides on rivers and fishing access sites shall be governed by the department's statewide river recreation rules.

(6) The purpose and management objectives can vary from one type of department land to another and from one site to another. The public's use and expectations can vary from one type of department land to another and from one site to another. The opportunities to conduct commercial use may be different depending upon where the use would occur, and the department may develop policies that provide additional guidance for managing commercial use.

(7) The department may establish special criteria for a particular site or prohibit commercial use altogether based on the management objectives and conditions of that site.

(8) The department may prohibit or condition commercial use that would displace the general public. The department may temporarily alter public use opportunities at fishing access sites and state parks to accommodate commercial use on a case-by-case basis in the interest of public safety and security or when there is the potential for short-term conflicts.

(9) The department must comply with federal aid requirements when authorizing commercial use on department land purchased or managed with federal aid.

(10) Commercial hunting outfitting is prohibited on all department land and on water bodies that are located entirely within the boundaries of department land. Commercial fishing outfitting is prohibited on all wildlife management areas. The department may authorize commercial use that is solely for the purpose of assisting the public in the retrieval of legally harvested game animals. The department may authorize a commercial hunting outfitter to:

(a) travel on a designated trail across department land solely for the purpose of gaining access to publicly owned land where the commercial hunting outfitter is authorized to conduct use; and

(b) use a fishing access site solely for the purpose of gaining access to water bodies where the commercial hunting outfitter is authorized to conduct use.

History

Authorizing statute(s): 23-1-105, 23-1-106, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-105, 23-1-106, 87-1-303, MCA
History: NEW, 2007 MAR p. 88, Eff. 1/26/07; AMD, 2009 MAR p. 2245, Eff. 11/26/09; AMD, 2014 MAR p. 2648, Eff. 10/24/14.

Mont. Admin. R. 12.14.120 Commercial Use Permits

(1) A permit is required in advance to conduct commercial use on department lands and restricted waterbodies.

(2) The department may issue a commercial use permit to a person as an individual, or as a representative of an entity or business. When authorizing water-based fishing outfitting or guiding, the department may only issue the permit to a licensed outfitter or guide. The applicant must obtain all other licenses or permits required by state or federal law in order to receive a commercial use permit.

(3) A commercial use permit authorizes the permittee to conduct commercial use subject to the conditions designated on the permit.

(4) A commercial use permit is valid for the time period specified on the permit, not to exceed five years. The permit holder may request changes to a multi-year permit through submission of an updated plan of operation or other material.

(5) The department may place conditions on the commercial use permit, including but not limited to the type, timing, location, duration, volume of the use, and any other conditions the department deems necessary. The department's statewide river recreation rules shall govern the development of conditions for water-based outfitters and guides on rivers and fishing access sites.

(6) The department may require commercial users to report their use of department land. The department may require commercial users to maintain and have on their person for department inspection a logbook for recording commercial use. The department shall include specific reporting requirements as permit or contract stipulations.

(7) A commercial use permit may only be used by the holder of the permit. The permit holder may not sell, lease, or rent the permit, or otherwise receive compensation from another person for the opportunity to use the permit. The permit holder may hire or contract persons to provide authorized services provided that said persons do not recruit clients, make agreements with clients concerning monetary consideration or services provided, or advertise any business other than the permitted business when conducting the permitted use. The permit holder is responsible for ensuring that the persons hired or contracted comply with the terms of the permit.

(8) A guide hired or contracted by an outfitter to provide authorized services may collect payment on behalf of the outfitter for services provided. Any and all payments must:

(a) be collected only with the express consent of the supervising outfitter; and

(b) name the outfitter that hired or contracted the services.

(9) The requirements in (8) do not prohibit the person hired or contracted from receiving a tip that is separate from the payment received for services provided as authorized by the sponsoring outfitter.

(10) The permit holder may pay an agent to recruit clients, make arrangements with clients concerning monetary consideration or services provided, and collect fees from clients provided that the agent does not conduct the authorized services.

(11) A commercial use permit is not transferable and is void when a business is sold or transferred. Upon the sale or transfer of a permitted business, the person selling the business shall notify the new owner that the new owner is required to obtain a new commercial use permit pursuant to this subchapter.

(12) If the recipient of a commercial use permit sells or transfers in entirety the part of his/her business that is operated under that commercial use permit, the department shall issue a new commercial use permit to the new owner so long as the seller has remitted all fees due to the department and so long as the buyer has obtained all other licenses or permits required by state or federal law and agrees to the terms of the permit. The new permit shall have the same expiration date as the seller's permit.

(13) If the recipient of a commercial use permit sells or transfers in entirety the part of their business that operated under that commercial use permit, any rationed units of use that were previously allocated to the seller shall be reallocated to the new owner of that business. Upon the sale or transfer of a permitted business, the person selling or transferring the business shall notify the new owner that the use of rationed units of use is subject to change pursuant to rules adopted by the commission and that no property right attaches to the rationed units of use.

(14) The recipient of a commercial use permit may not sell, lease, rent, or otherwise receive compensation from another person for the opportunity to use client days or other allocated units of use, temporarily, or permanently except that Smith River outfitters may lease, rent, or otherwise receive compensation from another Smith River outfitter for the opportunity to use a Smith River outfitter launch within a single use season.

History

Authorizing statute(s): 23-1-105, 23-1-106, 23-1-111, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-105, 23-1-106, 87-1-303, MCA
History: NEW, 2007 MAR p. 88, Eff. 1/26/07; AMD, 2009 MAR p. 2245, Eff. 11/26/09; AMD, 2014 MAR p. 2648, Eff. 10/24/14; AMD, 2015 MAR p. 18, Eff. 1/16/15.

Mont. Admin. R. 12.14.121 Suspension or Revocation of Permit

(1) A commercial use permit is not a property right and may be suspended or revoked for cause.

(2) The department may suspend a permit for up to six months. When a permit is suspended, the permit holder may not conduct commercial use authorized by the permit during the period of the suspension. The department shall determine the duration of the suspension, including when the suspension shall go into effect, based on the severity of the violations.

(3) Causes for suspending a permit include:

(a) willful, purposeful, or negligent violation of the commercial use rules or specific river use rules;

(b) willful, purposeful or negligent falsification of use records;

(d) acts that negatively limit the opportunities or use by the general public of resources covered under the permit;

(e) acts that are harmful to natural resource values; and

(f) acts that endanger the health, safety, and welfare of the public.

(4) When a permit is revoked, the permit is no longer valid and the former permit holder is no longer authorized to conduct commercial use at locations authorized under the revoked permit.

(5) Causes for revoking a permit include the following:

(a) conducting commercial use while a permit is suspended;

(b) willful, purposeful, or negligent violation of the commercial use rules or specific river use rules after having been formally placed on suspension;

(d) failure to comply with the terms of the permit after having been formally placed on suspension.

(6) Upon revocation of a permit, any rationed units of use that were previously allocated to the permit holder are no longer valid and the department may reallocate the rationed units of use to another applicant.

(7) A person whose permit has been revoked may reapply for a permit after a period of three full-use seasons from the date on which the permit was revoked. There is no guarantee that a permit will be available at the time that person reapplies for a permit. Any rationed units of use that were previously allocated to the permit holder for use on a restricted use river will not be reserved.

(8) A person whose permit has been suspended or revoked may appeal the permitting decision in writing to the director within 30 days of the date of mailing of the notice of the permitting decision. Persons not appealing within 30 days have waived their right to appeal. The director's decision is final.

History

Authorizing statute(s): 23-1-105, 23-1-106, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-105, 23-1-106, 87-1-303, MCA
History: NEW, 2014 MAR p. 2648, Eff. 10/24/14.

Mont. Admin. R. 12.14.125 Fishing Access Site Permit

(1) An outfitter or water-based service provider must possess and have on their person a valid fishing access site permit when conducting commercial use at fishing access sites. An outfitter or water-based service provider with a valid commercial use permit for a restricted water body does not need a fishing access site permit to conduct commercial use at fishing access sites that provide access to that restricted water body.

(2) A guide or person conducting work for a water-based service provider must possess and have on their person a valid fishing access site permit when conducting commercial use at fishing access sites.

(3) The department may issue a commercial use permit that authorizes an outfitter or water-based service provider to conduct commercial use at any fishing access site in the state that provides access to a nonrestricted water body. Such permits shall be referred to as fishing access site permits.

(4) The department may issue a fishing access site permit that authorizes a guide or outfitter's assistant, operating under the authority of an outfitter, or a person conducting work for a water-based service provider, to conduct commercial use at any fishing access site for which the outfitter or water-based service provider is authorized to conduct use.

(5) A fishing access site permit is valid for the time period specified on the permit.

History

Authorizing statute(s): 23-1-105, 23-1-106, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-105, 23-1-106, 87-1-303, MCA
History: NEW, 2007 MAR p. 88, Eff. 1/26/07; AMD, 2009 MAR p. 2245, Eff. 11/26/09; AMD, 2014 MAR p. 2648, Eff. 10/24/14.

Mont. Admin. R. 12.14.130 Commercial Use Permit: Application Process

(1) A commercial use permit application must be submitted to the regional office that oversees the site or sites where the use will occur. If use is proposed for sites located in more than one department administrative region, the application may be submitted to one of the regional offices and the department may issue a single permit to authorize the use.

(2) The completed application shall be submitted at least 45 days before the use is intended to begin unless authorized by the department.

(3) The department will process complete applications. The department may require additional time to process an application if the department determines that an environmental analysis is required.

(4) A fishing access site permit may be obtained at a department regional office or through the department's internet licensing system so long as the applicant provides the required application information and remits the required permit fee.

(5) The department requires the following when applying for a commercial use permit when applicable:

(a) a completed permit application form;

(b) an outfitter or guide license number if providing angling services;

(d) permit fee;

(e) deposit or damage security bond;

(f) proof of insurance that the department judges sufficient to protect the public and the state of Montana from liability and property loss;

(g) proof of workers' compensation or an independent contractor exemption certificate;

(h) information explaining how the proposed use would benefit the public's resources or the public's enjoyment of the site; and

(i) other relevant information in sufficient detail to allow the department to evaluate the nature and impact of the proposed activity, including measures the applicant will use to prevent or mitigate adverse impacts.

History

Authorizing statute(s): 23-1-105, 23-1-106, 23-1-111, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-105, 23-1-106, 87-1-303, MCA
History: NEW, 2007 MAR p. 88, Eff. 1/26/07; AMD, 2014 MAR p. 2648, Eff. 10/24/14.

Mont. Admin. R. 12.14.150 Commercial Use Permitting Decisions

(1) The department has discretion over whether to issue a commercial use permit. Permitting decisions are based on the following factors to the extent that they are relevant:

(a) conformance with laws, rules, policies, management plans, and land use plans;

(b) conformance with strategic vision and goals for the department;

(d) public safety;

(e) conflicts with other users in regard to type of use, timing, duration, location, site capacity, and other similar considerations;

(f) impacts to natural and cultural resources;

(g) extent to which the public interest is served;

(h) effects on adjacent land;

(i) whether in the past the applicant complied with the terms of his/her permit or other authorization from the department and other agencies;

(j) whether the department has the fiscal and human resources to administer the proposed use; and

(k) such other circumstances that the department finds appropriate.

(2) The availability, terms, and conditions of a commercial use permit may vary based on the regulations and management plan in place at the site where the use would occur. Permitting decisions for commercial use at a wildlife management area must comply with a statewide plan for authorizing and administering commercial use at wildlife management areas. The statewide commercial use plan for wildlife management areas shall:

(a) identify the types of commercial use that may be authorized;

(b) establish the general terms and conditions that may be authorized; and

(3) The department's statewide river recreation rules shall govern permitting decisions that would ration, allocate, or otherwise restrict water-based outfitting and guiding opportunities on rivers and fishing access sites. This does not include permitting decisions when the applicant or permit holder has violated the terms of a permit or violated department rules or regulations.

(4) Upon adoption of these rules, the department may continue to issue permits that were established prior to the adoption of these rules. The department shall administer these permits consistent with these commercial use rules.

(5) For permit systems established prior to the adoption of these commercial use rules, when a commercial use permit expires, the department shall review the previously authorized commercial use and may issue a new commercial use permit to the permit holder upon application so long as the applicant complied with the terms of his/her permit or other authorization from the department and other agencies and so long as the applicant complied with the laws, rules, and policies of the department and other agencies. The department may adjust the terms and conditions of the new permit, including the allocated units of use.

(6) For permit systems established after the adoption of these commercial use rules, the department may develop a permit renewal system under which the previous permit holder and other commercial users are eligible to apply for the new permit. The department's statewide river recreation rules shall govern the development of a permit renewal system for water-based outfitting and guiding on rivers and fishing access sites.

(7) A person who has been denied a commercial use permit or a person whose commercial use permit has been suspended or revoked may appeal the permitting decision in writing to the director within 30 days of the date of mailing of the notice of the permitting decision. Persons not appealing within 30 days have waived their right to appeal.

(8) The director or the director's designee shall issue a written decision on the appeal. The director's decision is final.

History

Authorizing statute(s): 23-1-105, 23-1-106, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-105, 23-1-106, 23-1-111, 87-1-303, MCA
History: NEW, 2007 MAR p. 88, Eff. 1/26/07; AMD, 2009 MAR p. 2245, Eff. 11/26/09; AMD, 2014 MAR p. 2648, Eff. 10/24/14.

Mont. Admin. R. 12.14.155 Concession Contract

(1) The department shall waive the requirement to obtain a commercial use permit when the commercial use is authorized through a concession contract. The department may develop a concession contract to authorize a commercial business on department land when the department determines that the concession is needed to meet the management goals or enhance visitor experience for a specific site. Food and beverage concessions are generally not considered necessary for meeting the management goals for fishing access sites and wildlife management areas.

(2) The department shall honor the terms set forth in contracts established prior to the adoption of these rules. The department shall apply these rules when those contracts are renewed.

(3) When developing and administering concession contracts, the department shall follow the state purchasing and contracting guidelines.

History

Authorizing statute(s): 23-1-105, 23-1-106, 23-1-111, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-105, 23-1-106, 87-1-303, MCA
History: NEW, 2007 MAR p. 88, Eff. 1/26/07; AMD, 2014 MAR p. 2648, Eff. 10/24/14.

Mont. Admin. R. 12.14.160 Commercial Use Fees

(1) The department may require payment of fees for conducting commercial use on department land. Commercial use fees for state parks shall be adopted by the board. Commercial use fees for all other department land shall be adopted by the commission. The department may establish concession contract fees separately on a case-by-case basis. The commission and board may adjust permit fees as necessary to reflect changes in costs and the market and in situations where the department has an agreement or joint-permit system with other agencies.

(2) The department may consider the following when selecting a fee system from the commercial use fee rules:

(a) the types of commercial use that occur at the site;

(b) the cost of administering the commercial use permit and monitoring the commercial use;

(d) the overall benefit of the commercial use to visitor enjoyment and experience;

(e) input from the commercial users;

(f) consistency with fee systems in place on other department land;

(g) consistency with other state and federal fee systems; and

(h) other factors identified by the department.

(3) Fishing access site permit fees are not refundable.

(4) The department has discretionary authority to adjust a commercial use permit fee upward or downward to accommodate the nature of the activity, compensate for site impacts or department staffing needs, or for other unique circumstances pertaining to the permitted activity.

(5) The department may adjust commercial use fees on a case-by-case basis for educational groups when the following conditions are met:

(a) the group is from a bona fide institution that meets the definition of an educational group;

(b) the group provides an acceptable written explanation of the educational purpose of the visit; and

(6) The department may adjust commercial use fees on a case-by-case basis when the commercial use permit holder:

(a) donates all proceeds, minus expenses, from the use or event to the management or improvement of fish, wildlife, or parks, including the maintenance, management, or the improvement or development of facilities; or

(b) donates all proceeds, minus expenses, from the event or activity to a nonprofit organization or charitable cause and is not compensated for the service.

(7) The department may adjust commercial use fees on a case-by-case basis for special events involving children under the age of thirteen.

(8) The department may adjust commercial use fees on a case-by-case basis for commercial use when the sole purpose of the use is to promote department land and resources.

(9) The department may charge a processing fee for recovery of costs associated with preparing an environmental analysis document when processing a permit application.

(10) The department may charge a processing fee for recovery of costs associated with issuing a new commercial use permit when a business is sold or transferred.

(11) Applicants must pay the required fees by the date specified in the terms of the permit.

(12) With approval from the Legislature, the department shall use the permit fees from commercial use at fishing access sites to help support the fishing access site program, river recreation management, and enforcement.

(13) The department may retain, amend, or replace an existing fee system.

(14) The department may require a minimum annual fee for administering permits or when authorizing commercial use in cooperation with another agency.

(15) The department may require a permit holder to pay a fee in advance that is an estimate of the actual amount that will be due by the date specified in the terms of the permit.

(16) The department may suspend or revoke a permit, or assess a penalty fee if the fee is not paid in full by the date specified in the terms of the permit.

History

Authorizing statute(s): 23-1-105, 23-1-106, 23-1-111, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-105, 23-1-106, 87-1-303, MCA
History: NEW, 2007 MAR p. 88, Eff. 1/26/07; AMD, 2009 MAR p. 2245, Eff. 11/26/09; AMD, 2014 MAR p. 2648, Eff. 10/24/14.

Mont. Admin. R. 12.14.165 Rationing and Allocation of Commercial Use

(1) The department's statewide river recreation rules shall govern the rationing and allocation of commercial use on rivers, including fishing access sites that provide access to rivers.

(2) The department may recommend that the commission or board ration and allocate commercial use on department land that provides access to lakes, or department administrative site. The department may consider the following when making rationing and allocation recommendations to the commission or board:

(a) laws, rules, policies, management plans, and land use plans for the site;

(b) overall mission, goals, and objectives of the site;

(d) public safety concerns;

(e) biological, natural, or cultural resource conditions;

(f) social conditions;

(g) user conflicts;

(h) past performance of commercial users;

(i) public demand for commercial use; and

(j) other factors as determined by the department.

(3) The department shall describe what actions have already been taken to address a particular problem or concern, why rationing is necessary, and how rationing of use would address a particular problem or concern.

(4) To the extent possible, the department must monitor and evaluate commercial use of a site to determine whether rationing is necessary and to assess whether rationing has improved conditions.

History

Authorizing statute(s): 23-1-105, 23-1-106, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-105, 23-1-106, 23-1-111, 87-1-303, MCA
History: NEW, 2007 MAR p. 88, Eff. 1/26/07; AMD, 2009 MAR p. 2245, Eff. 11/26/09; AMD, 2014 MAR p. 2648, Eff. 10/24/14.

Mont. Admin. R. 12.14.170 Coordinating with Other Agencies

(1) The department may design a commercial use permit system for a site in coordination with another agency so long as the permit system complies with department rules and regulations and the permitted commercial use is consistent with department restrictions on commercial use.

History

Authorizing statute(s): 23-1-105, 23-1-106, 87-1-301, 87-1-303, MCA
Implementing statute(s): 23-1-105, 23-1-106, 87-1-303, MCA
History: NEW, 2007 MAR p. 88, Eff. 1/26/07.