reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.6 - Drawing Applications and Refunds › Rule 12.3.618 - DEER PERMITS

Current through Register Vol. 13, July 5, 2024
(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.
(3) The department shall issue deer B
				licenses and deer permits as described in ARM
				12.3.104
				(landowner preference).
AUTH:
					 87-1-201, MCA;
					 IMP:
					 87-1-201,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.6 - Drawing Applications and Refunds › Rule 12.3.619 - ELK PERMITS

Current through Register Vol. 13, July 5, 2024
(1) 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, and that the designee of the landowner
				preference is eligible.
(d)
				Partnerships may delegate landowner preference to members of the immediate
				family, a partner or an 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 who exceed 15% of a district will be entered into the
				regular drawings with their district choices.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.6 - Drawing Applications and Refunds › Rule 12.3.620 - MOOSE, SHEEP, AND GOAT LICENSES

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.6 - Drawing Applications and Refunds › Rule 12.3.621 - MOOSE, SHEEP, AND GOAT - SEVEN- YEAR WAIT REQUIREMENT

Current through Register Vol. 13, July 5, 2024
(1) Prior to August 1, applicants who are
				successful in drawing a moose, sheep, or goat license may request to have their
				license voided. A voided license 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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.6 - Drawing Applications and Refunds › Rule 12.3.622 - SUPER-TAG HUNTING LICENSES

Current through Register Vol. 13, July 5, 2024
(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.
AUTH:
					 87-1-201, MCA;
					 IMP:
					 87-1-201,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.6 - Drawing Applications and Refunds › Rule 12.3.626 - APPLICATION ERRORS

Current through Register Vol. 13, July 5, 2024
(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.
AUTH:
					 87-1-201, MCA;
					 IMP:
					 87-1-201,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.6 - Drawing Applications and Refunds › Rule 12.3.627 - LICENSE AND PERMIT REFUNDS

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.6 - Drawing Applications and Refunds › Rule 12.3.628 - CONVERSION OF LICENSE TYPE

Current through Register Vol. 13, July 5, 2024
(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.
AUTH:
					 87-1-201, MCA;
					 IMP:
					 87-1-201,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.6 - Drawing Applications and Refunds › Rule 12.3.629 - EXTENSION OF DEADLINES

Current through Register Vol. 13, July 5, 2024
(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.
AUTH:
					 87-1-201, MCA;
					 IMP:
					 87-1-201,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.6 - Drawing Applications and Refunds › Rule 12.3.650 - SMITH RIVER PERMIT

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.6 - Drawing Applications and Refunds › Rule 12.3.651 - SMITH RIVER BONUS POINTS

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.8 - Licenses Sold by Auction or Lottery › Rule 12.3.801 - PROPOSALS FOR LICENSES SOLD BY AUCTION OR LOTTERY

Current through Register Vol. 13, July 5, 2024
(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;
(c)
				details of the organization's previous involvement in the conservation of the
				species hunted under the license;
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.8 - Licenses Sold by Auction or Lottery › Rule 12.3.802 - PROCEDURE FOR SUBMITTING PROPOSALS AND AWARDING AN AUCTION OR LOTTERY LICENSE

Current through Register Vol. 13, July 5, 2024
(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.
AUTH:
					 87-1-301,
					 MCA; IMP:
					 87-2-115,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.3 - LICENSING › Subchapter 12.3.8 - Licenses Sold by Auction or Lottery › Rule 12.3.803 - ISSUANCE AND USE OF A LICENSE SOLD BY AUCTION OR LOTTERY

Current through Register Vol. 13, July 5, 2024
(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 .
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.4 - STREAM ACCESS RULES › Subchapter 12.4.1 - Management of Recreational Use of Rivers and Streams › Rule 12.4.101 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(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.
87-1-303, MCA; IMP,
					 23-2-302,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.4 - STREAM ACCESS RULES › Subchapter 12.4.1 - Management of Recreational Use of Rivers and Streams › Rule 12.4.102 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
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,
87-1-303, MCA; IMP,
					 23-2-302,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.4 - STREAM ACCESS RULES › Subchapter 12.4.1 - Management of Recreational Use of Rivers and Streams › Rule 12.4.103 - PETITIONS

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.4 - STREAM ACCESS RULES › Subchapter 12.4.1 - Management of Recreational Use of Rivers and Streams › Rule 12.4.104 - PETITIONS RELATING TO RESTRICTING RECREATIONAL USE OF CLASS I OR CLASS II RIVERS AND STREAMS

Current through Register Vol. 13, July 5, 2024
(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;
(c) that public use is adversely affecting
				fish or wildlife;
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.4 - STREAM ACCESS RULES › Subchapter 12.4.1 - Management of Recreational Use of Rivers and Streams › Rule 12.4.105 - PETITIONS RELATING TO ALTERING RECREATIONAL USE OF CLASS I OR CLASS II RIVERS AND STREAMS

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.4 - STREAM ACCESS RULES › Subchapter 12.4.1 - Management of Recreational Use of Rivers and Streams › Rule 12.4.106 - SPECIAL DESIGNATIONS OF CLASS II STREAMS

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.4 - STREAM ACCESS RULES › Subchapter 12.4.2 - Block Management Rules › Rule 12.4.201 - OVERVIEW OF BLOCK MANAGEMENT RULES

Current through Register Vol. 13, July 5, 2024
(1) ARM
				12.4.201 through
				12.4.210 regulate the block
				management program administered by the department.
87-1-301,
					 87-1-303 MCA; IMP,
					 87-1-301,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.4 - STREAM ACCESS RULES › Subchapter 12.4.2 - Block Management Rules › Rule 12.4.202 - ADMINISTRATION OF BLOCK MANAGEMENT PROGRAM

Current through Register Vol. 13, July 5, 2024
(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.
87-1-301,
					 87-1-303, MCA; IMP,
					 87-1-301,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.4 - STREAM ACCESS RULES › Subchapter 12.4.2 - Block Management Rules › Rule 12.4.203 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
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.
AUTH:
					 87-1-301,
					 87-1-303 MCA; IMP:
					 87-1-265,
					 87-1-301,
					 87-1-303,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.4 - STREAM ACCESS RULES › Subchapter 12.4.2 - Block Management Rules › Rule 12.4.204 - CRITERIA FOR PARTICIPATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 87-1-301,
					 87-1-303, MCA; IMP:
					 87-1-301,
					 87-1-303,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.4 - STREAM ACCESS RULES › Subchapter 12.4.2 - Block Management Rules › Rule 12.4.205 - USE OF BLOCK MANAGEMENT AREAS

Current through Register Vol. 13, July 5, 2024
(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
(c) the closure is removed within 24 hours
				after the conditions causing the closure no longer exist.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.4 - STREAM ACCESS RULES › Subchapter 12.4.2 - Block Management Rules › Rule 12.4.206 - COMPENSATION TO COOPERATORS

Current through Register Vol. 13, July 5, 2024
(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;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.4 - STREAM ACCESS RULES › Subchapter 12.4.2 - Block Management Rules › Rule 12.4.207 - OUTFITTING AND COMMERCIAL HUNTING ACTIVITY

Current through Register Vol. 13, July 5, 2024
(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;
(c)
				total number of outfitted hunter days that occurred; and
(d) total number of game animals, by species
				and sex harvested by outfitted hunters.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.4 - STREAM ACCESS RULES › Subchapter 12.4.2 - Block Management Rules › Rule 12.4.208 - INFORMATION DISSEMINATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 87-1-301,
					 87-1-303, MCA; IMP:
					 87-1-301,
					 87-1-303,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.4 - STREAM ACCESS RULES › Subchapter 12.4.2 - Block Management Rules › Rule 12.4.209 - INCLUSION OF STATE LANDS IN BLOCK MANAGEMENT AREAS

Current through Register Vol. 13, July 5, 2024
(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.
87-1-301,
					 87-1-303, MCA; IMP,
					 87-1-301,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.4 - STREAM ACCESS RULES › Subchapter 12.4.2 - Block Management Rules › Rule 12.4.210 - COMPLAINT RESOLUTION SYSTEM

Current through Register Vol. 13, July 5, 2024
(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.
AUTH:
					 87-1-301,
					 87-1-303, MCA; IMP:
					 87-1-265,
					 87-1-301,
					 87-1-303,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.5 - RESOURCE PROTECTION › Subchapter 12.5.1 - Resource Statements › Rule 12.5.101 - COAL RESOURCE STATEMENT (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-301, MCA; IMP,
					 87-1-201,
					 87-1-301,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.5 - RESOURCE PROTECTION › Subchapter 12.5.1 - Resource Statements › Rule 12.5.102 - NATURAL RESOURCES DEVELOPMENT POLICY

Current through Register Vol. 13, July 5, 2024
(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.
87-1-301, MCA; IMP,
					 87-1-201,
					 87-1-301,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.5 - RESOURCE PROTECTION › Subchapter 12.5.2 - Endangered Species › Rule 12.5.201 - ENDANGERED SPECIES LIST

Current through Register Vol. 13, July 5, 2024
(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.
(c)
				black-footed ferret (mustela nigripes ).
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.5 - RESOURCE PROTECTION › Subchapter 12.5.3 - Nongame Wildlife › Rule 12.5.301 - NONGAME WILDLIFE IN NEED OF MANAGEMENT

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  12.2.501
87-5-105, MCA; IMP,
					 87-5-105,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.5 - RESOURCE PROTECTION › Subchapter 12.5.4 - Waterways › Rule 12.5.401 - Oil and Gas Leasing Policy for Department-Controlled Lands (REPEALED)

Current through Register Vol. 13, July 5, 2024
23-1-106,
					 87-1-301, MCA; IMP,
					 23-1-102,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.5 - RESOURCE PROTECTION › Subchapter 12.5.5 - Angling Restrictions and Fishing Closures › Rule 12.5.501 - ANGLING RESTRICTIONS AND FISHING CLOSURE DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(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.
87-1-301, MCA; IMP,
					 87-1-301,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.5 - RESOURCE PROTECTION › Subchapter 12.5.5 - Angling Restrictions and Fishing Closures › Rule 12.5.502 - COMMISSION APPROVAL FOR ANGLING RESTRICTIONS OR FISHING CLOSURES

Current through Register Vol. 13, July 5, 2024
(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.
87-1-301, MCA; IMP,
					 87-1-301,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.5 - RESOURCE PROTECTION › Subchapter 12.5.5 - Angling Restrictions and Fishing Closures › Rule 12.5.503 - TYPES OF ANGLING RESTRICTION AND FISHING CLOSURES

Current through Register Vol. 13, July 5, 2024
(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.
87-1-301, MCA; IMP,
					 87-1-301,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.5 - RESOURCE PROTECTION › Subchapter 12.5.5 - Angling Restrictions and Fishing Closures › Rule 12.5.507 - ANGLING RESTRICTION AND FISHING CLOSURE CRITERIA

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.5 - RESOURCE PROTECTION › Subchapter 12.5.5 - Angling Restrictions and Fishing Closures › Rule 12.5.508 - REOPENING WATERS

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.5 - RESOURCE PROTECTION › Subchapter 12.5.5 - Angling Restrictions and Fishing Closures › Rule 12.5.509 - NOTIFICATION OF ANGLING RESTRICTIONS OR FISHING CLOSURES

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.5 - RESOURCE PROTECTION › Subchapter 12.5.7 - Aquatic Invasive Species Management Area Restrictions › Rule 12.5.701 - IDENTIFIED CONTAMINATED BODIES OF WATER FOR EURASIAN WATERMILFOIL

Current through Register Vol. 13, July 5, 2024
(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;
(c) Jefferson River;
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.5 - RESOURCE PROTECTION › Subchapter 12.5.7 - Aquatic Invasive Species Management Area Restrictions › Rule 12.5.702 - RESTRICTIONS WITHIN IDENTIFIED CONTAMINATED BODIES OF WATER FOR EURASIAN WATERMILFOIL

Current through Register Vol. 13, July 5, 2024
(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.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.5 - RESOURCE PROTECTION › Subchapter 12.5.7 - Aquatic Invasive Species Management Area Restrictions › Rule 12.5.703 - BODIES OF WATER NOT IDENTIFIED AS CONTAMINATED WITHIN AN EURASIAN WATERMILFOIL MANAGEMENT AREA

Current through Register Vol. 13, July 5, 2024
(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.
80-7-1007, MCA; IMP,
					 80-7-1010,
					 MCA;