reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.22 - Exotic Wildlife › Rule 12.6.2204 - SPECIFIC REQUIREMENTS FOR CARE AND HOUSING OF EXOTIC WILDLIFE

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.22 - Exotic Wildlife › Rule 12.6.2205 - EXOTIC WILDLIFE: LIST OF NONCONTROLLED SPECIES

Current through Register Vol. 13, July 5, 2024
(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;
(c) Jungle cat -
Felis
				chaus
;
(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
.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.22 - Exotic Wildlife › Rule 12.6.2208 - LIST OF CONTROLLED SPECIES

Current through Register Vol. 13, July 5, 2024
(1) The
				following birds are classified as controlled species:
(a) Barbary Falcon - Falco
				perigrinoides;
(b) Black-Crowned
				Crane - Balearica pavonina;
(c)
				Black-necked Crane - Grus nigricollis;
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.22 - Exotic Wildlife › Rule 12.6.2210 - CONTROLLED SPECIES PERMITS

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.22 - Exotic Wildlife › Rule 12.6.2211 - APPLICATION FOR A PERMIT TO POSSESS A CONTROLLED SPECIES

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.22 - Exotic Wildlife › Rule 12.6.2215 - LIST OF PROHIBITED SPECIES

Current through Register Vol. 13, July 5, 2024
(1) The following
				amphibians are classified as prohibited species:
(a) African clawed frog - Xenopus laevis; and
(b) North American bullfrog - Rana
				catesbeiana.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.22 - Exotic Wildlife › Rule 12.6.2220 - PROHIBITED SPECIES PERMITS

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.22 - Exotic Wildlife › Rule 12.6.2225 - DETERMINING EXOTIC WILDLIFE CLASSIFICATION

Current through Register Vol. 13, July 5, 2024
(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
(c) the ability of
				a person to readily control and contain the animal in captivity.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.22 - Exotic Wildlife › Rule 12.6.2230 - EXOTIC WILDLIFE PERMIT APPEAL PROCESS

Current through Register Vol. 13, July 5, 2024
(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.
87-5-704,
					 87-5-705,
					 87-5-712, MCA; IMP,
					 87-5-705,
					 87-5-707,
					 87-5-711,
					 87-5-712,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.23 - Aerial Herding Permits › Rule 12.6.2301 - AERIAL HERDING PERMITS: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(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.
87-3-126, MCA; IMP,
					 87-3-126,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.23 - Aerial Herding Permits › Rule 12.6.2302 - WHEN AIRCRAFT HERDING PERMITS MAY BE ISSUED

Current through Register Vol. 13, July 5, 2024
(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.
87-3-126, MCA; IMP,
					 87-3-126,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.23 - Aerial Herding Permits › Rule 12.6.2303 - WHEN AERIAL HERDING MAY NOT OCCUR

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.23 - Aerial Herding Permits › Rule 12.6.2304 - APPLYING FOR AIRCRAFT HERDING PERMITS

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.23 - Aerial Herding Permits › Rule 12.6.2305 - CONCURRENCE FROM AFFECTED PROPERTY HOLDERS

Current through Register Vol. 13, July 5, 2024
(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;
(c) when the
				animals may be moved from, onto, or across the affected property holder's
				land;
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.23 - Aerial Herding Permits › Rule 12.6.2306 - REPORT REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(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;
(c) number and species of animals
				herded;
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.23 - Aerial Herding Permits › Rule 12.6.2307 - DEPARTMENT NOTIFICATION AND MONITORING

Current through Register Vol. 13, July 5, 2024
(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.
87-3-126, MCA; IMP,
					 87-3-126,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.23 - Aerial Herding Permits › Rule 12.6.2308 - GAME ANIMALS KILLED OR INJURED DURING AERIAL HERDING

Current through Register Vol. 13, July 5, 2024
(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.
87-3-126, MCA; IMP,
					 87-3-126,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.23 - Aerial Herding Permits › Rule 12.6.2309 - AERIAL HERDING LIABILITY

Current through Register Vol. 13, July 5, 2024
(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.
87-3-126, MCA; IMP,
					 87-3-126,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.23 - Aerial Herding Permits › Rule 12.6.2310 - PERMIT DENIAL, REVOCATION, AND APPEAL

Current through Register Vol. 13, July 5, 2024
(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.
87-3-126, MCA; IMP,
					 87-3-126,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.1 - Commercial Fishing Permit › Rule 12.7.101 - APPLICATION

Current through Register Vol. 13, July 5, 2024
(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.
Secs.
					 87-1-201,
					 87-1-301 MCA; IMP, Sec.
					 87-3-204,
					 87-4-601
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.1 - Commercial Fishing Permit › Rule 12.7.102 - COMMERCIAL FISHING LIMITATIONS

Current through Register Vol. 13, July 5, 2024
(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;
(c) adequacy of equipment
				and facilities and investment in land and facilities in Montana for commercial
				fishing;
(d) previous fishing
				experience;
(e) state of
				residence.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.1 - Commercial Fishing Permit › Rule 12.7.103 - CLASSES OF PERMITS AND FEES

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.1 - Commercial Fishing Permit › Rule 12.7.104 - RECORDS

Current through Register Vol. 13, July 5, 2024
(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.
Secs.
					 87-1-201,
					 87-1-301 MCA; IMP, Secs.
					 87-3-204,
					 87-4-602
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.1 - Commercial Fishing Permit › Rule 12.7.105 - DISPOSAL OF FISH

Current through Register Vol. 13, July 5, 2024
(1) All species of
				fish except those taken as provided in
				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.
Secs.
					 87-1-201,
					 87-1-301 MCA; IMP, Secs.
					 87-3-204,
					 87-4-602
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.2 - Commercial Minnow Seining License › Rule 12.7.201 - APPLICATION

Current through Register Vol. 13, July 5, 2024
(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, unless the
				person is under 15 years of age.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.2 - Commercial Minnow Seining License › Rule 12.7.202 - ISSUANCE

Current through Register Vol. 13, July 5, 2024
(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.
AUTH:
					 87-4-609, MCA; IMP:
					 87-4-601,
					 87-4-602,
					 87-4-609,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.2 - Commercial Minnow Seining License › Rule 12.7.203 - REVOCATION

Current through Register Vol. 13, July 5, 2024
(1) The director
				may revoke a license based on sufficient evidence of violation of seining laws,
				regulations, or terms of the license.
AUTH:
					 87-4-609, MCA; IMP:
					 87-4-601,
					 87-4-609,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.2 - Commercial Minnow Seining License › Rule 12.7.204 - APPEAL

Current through Register Vol. 13, July 5, 2024
(1) 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, will apply.
AUTH:
					 87-4-609, MCA; IMP:
					 2-4-631,
					 87-4-601,
					 87-4-609,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.2 - Commercial Minnow Seining License › Rule 12.7.205

Current through Register Vol. 13, July 5, 2024
AUTH:
					 87-1-301, MCA; IMP:
					 87-3-204,
					 87-4-602,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.2 - Commercial Minnow Seining License › Rule 12.7.206

Current through Register Vol. 13, July 5, 2024
AUTH:
					 87-1-301, MCA; IMP:
					 87-3-204,
					 87-4-602,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.3 - Rearing Fish › Rule 12.7.301 - RAISING FISH IN PUBLIC WATERS

Current through Register Vol. 13, July 5, 2024
(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.
Sec.
					 87-1-301, MCA; IMP, Sec.
					 87-3-207,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.4 - Fish Ladders › Rule 12.7.401 - REGULATIONS FOR CONSTRUCTION AND MAINTENANCE OF FISH LADDERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-201,
					 87-1-201,
					 87-1-301, MCA; IMP,
					 87-1-222,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.5 - Importation › Rule 12.7.501 - FISH DISEASE CERTIFICATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
Sec.
					 87-3-223 MCA; IMP, Sec.
					 87-3-221
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.5 - Importation › Rule 12.7.502 - DESIGNATED PATHOGENS

Current through Register Vol. 13, July 5, 2024
(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);
(c) viral hemorrhagic
				septicemia virus (VHSV);
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.5 - Importation › Rule 12.7.503 - CERTIFICATION INSPECTION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.5 - Importation › Rule 12.7.504 - APPROVED PATHOLOGISTS

Current through Register Vol. 13, July 5, 2024
(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.
87-3-223, MCA; IMP,
					 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;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.5 - Importation › Rule 12.7.505 - IMPORT PERMITS

Current through Register Vol. 13, July 5, 2024
(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;
(c) size;
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.5 - Importation › Rule 12.7.506 - SHIPMENT INSPECTIONS

Current through Register Vol. 13, July 5, 2024
(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,
(c) the shipment is not authorized by permit
				or proper certification does not accompany the shipment, or
(d) false information was provided on the
				permit application or required certifications.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.5 - Importation › Rule 12.7.507 - HATCHERY OR CULTURE FACILITY INSPECTION, QUARANTINE, AND DISINFECTION

Current through Register Vol. 13, July 5, 2024
(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 section
				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.
87-3-223, MCA; IMP,
					 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;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.5 - Importation › Rule 12.7.540 - PERMIT REQUIRED FOR IMPORTATION OF BAIT LEECHES

Current through Register Vol. 13, July 5, 2024
(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;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.5 - Importation › Rule 12.7.541 - IMPORTATION OF BAIT LEECHES - REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.5 - Importation › Rule 12.7.542 - SHIPMENT INSPECTIONS

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.6 - Fish Planting Policies › Rule 12.7.601 - GENERAL POLICY FOR FISH PLANTING

Current through Register Vol. 13, July 5, 2024
(1) All
				personnel acting under the jurisdiction of the Montana fish, wildlife, and
				parks commission shall comply with the policy established in this sub-chapter
				for planting fish in the state of Montana. The provisions contained herein
				supersede all previous provisions relating to fish planting.
(2) The annual fish distribution plan shall
				be reviewed and approved by the administrator and the chief of the bureau of
				management and research of the fisheries division, department of fish,
				wildlife, and parks. Changes during the year may be made only with their
				written approval. Fish distribution is subject to an official order of the
				commission and the director.
(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.
(4) Introduction of fish not indigenous to a
				particular drainage may be made only after careful study to ensure these fish
				will be beneficial to that area.
(5) The species and size most economical in
				terms of fishing quality or return to the creel shall be used in planting
				programs when possible.
(6) The
				planting of catchable-size trout (7 inches and longer) for immediate harvest is
				not considered resource management but a means of providing additional man-days
				of recreation. In addition to the rules for stream planning, the following
				general criteria must be met in order to plant or continue to plant a stream or
				lake with catchable-size trout:
(a) For each
				six fish planted there must be an average increase of at least one fisherman
				day on the water stocked. The statewide fishing pressure survey is a
				satisfactory means for making this determination.
(b) At least 40% of the planted fish must be
				creeled. Attainment of the requirement (a) above will satisfy this requirement
				until a creel census can be made.
(c) For a new plant to be made or an existing
				plant to be increased, anglers must have an average catch of less than one-half
				game fish per hour as determined by creel census. A "directed" warden creel
				census of at least 100 fisherman hours, by at least 15 different fishermen
				during the regular fishing season, will suffice for this
				determination.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.6 - Fish Planting Policies › Rule 12.7.602 - SPECIFIC POLICY FOR STREAM PLANTING

Current through Register Vol. 13, July 5, 2024
(1)
				Catchable-size trout may be planted in streams only where they will not cause
				substantial environmental damage or where planting will not reduce the pounds
				of game fish available for anglers. In general, they may be planted only in
				streams that do not have a thriving wild trout population.
(2) It is assumed some streams, for which
				population data is unavailable, have less than thriving trout populations. In
				such streams an annual plant of up to 1,000 catchable-size trout per 10 miles
				of stream will be considered not to cause substantial environmental damage. A
				plant of this magnitude may be continued if in the judgment of the regional
				fisheries manager:
(a) the stream has a less
				than thriving population; and
(b)
				catchable-size trout are needed.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.7 - Department and Commercial Fish Planting › Rule 12.7.701 - AUTHORIZATION FOR DEPARTMENT AND COMMERCIAL FISH PLANTING

Current through Register Vol. 13, July 5, 2024
(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:
Common Name
Scientific Name
White sturgeon
Acipenser transmontanus
Pallid sturgeon
Scaphirhynchus albus
Shovelnose sturgeon
Scaphirhynchus
							 platorynchus
Paddlefish
Polyodon spathula
Goldeye
Hiodon alosoides
Mountain whitefish
Prosopium williamsoni
Pygmy whitefish
Prosopium coulteri
Coho salmon
Oncorhynchus kisutch
Westslope cutthroat trout
Salmo clarki lewisi
Yellowstone cutthroat trout
Salmo clarki bouvieri
Atlantic salmon
Salmo salar
Bull trout
Salvelinus malma
Splake
Salvelinus fontinalis - Salvelinus
							 namaycush hybrid
Arctic grayling
Thymallus arcticus
Pearl dace
Semotilus margarita
Creek chub
Semotilus atromaculatus
Northern redbelly dace
Phoxinus eos
Finescale dace
Phoxinus neogaeus
Flathead chub
Hybopsis gracilis
Sturgeon chub
Hybopsis gelida
Sicklefin chub
Hybopsis meeki
Lake chub
Couesius plumbeus
Emerald shiner
Notropis atherinoides
Sand shiner
Notropis stramineus
Brassy minnow
Hybognathus hankinsoni
Plains minnow
Hybognathus placitus
Western silvery minnow
Hesperoleucus symmetricus
Fathead minnow
Pimephales promelas
Longnose dace
Rhinichthys cataractae
Redside shiner
Richardsonius balteatus
Smallmouth buffalo
Ictiobus bubalus
Bigmouth buffalo
Ictiobus cyprinellus
Channel catfish
Ictalurus punctatus
Stonecat
Noturus flavus
Burbot
Lota lota
Plains killifish
Fundulus zebrinus
Mosquitofish
Gambusia affinis
Brook stickleback
Culaea inconstans
Sauger
Stizostedion canadense
Iowa darter
Etheostoma exile
Mottled sculpin
Cottus bairdi
Slimy sculpin
Cottus cognatus
Torrent sculpin
Cottus rhotheus
Shorthead sculpin
Cottus confusus
Spoonhead sculpin
Cottus ricei
(2)
				The commission concurs, in accordance with its authority under section
				87-5-711, MCA, that the
				department's experiences with and studies of prior fish plantings and the
				requirements of the commission's rules on fish planting (ARM
				12.7.601 and
				12.7.602 ) constitute a scientific
				investigation required by section
				87-5-714, MCA, and the plan
				required by section
				87-5-713, MCA, for those species
				listed in section
				87-5-714, MCA, or listed in
				subsection (1) of this rule.
Secs:
					 87-5-704,
					 87-5-711 MCA; IMP, Secs.
					 87-5-704, 87
					 87-5-713,
					 87-5-714
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.8 - Regulation of Fishing Contests › Rule 12.7.801 - DEFINITION

Current through Register Vol. 13, July 5, 2024
(1) "Fishing contest" is any event, contest,
				derby or tournament where an entry fee is charged or where people are expected
				to compete to win prizes or cash based on the capture of an individual fish or
				combination of fish. Fishing contests involving fewer than 30 people with cash
				prizes or merchandise worth $500 or less do not require a permit but must
				comply with the provisions of this subchapter.
87-3-121, MCA; IMP,
					 87-3-121,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.8 - Regulation of Fishing Contests › Rule 12.7.802 - APPLICATION

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.8 - Regulation of Fishing Contests › Rule 12.7.803 - EVALUATION AND RECOMMENDATION

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.8 - Regulation of Fishing Contests › Rule 12.7.804 - COMPETING APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(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;
(c) have had good participation;
				and
(d) have a good record of
				compliance.