reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.8 - Damage Hunts › Rule 12.9.804A - GAME DAMAGE HUNT ROSTER

Current through Register Vol. 13, July 5, 2024
(1) A game damage
				hunt roster will be used to provide a list of hunters available to participate
				in game damage hunts and management seasons, according to the following
				procedures:
(a) hunters interested in
				participating in game damage hunts and management seasons will apply through
				the department web site between June 15 and July 15 annually. A roster will be
				established through a computerized random selection of applicant names, with
				roster results being made available on-line by August 1 annually. Hunters
				without internet access may apply at any department regional or Helena office
				between June 15 and July 15 annually. If necessary, the department may
				establish additional sign-up periods;
(b) hunters may apply only for one antelope
				hunting district, one deer hunting district, and one elk hunting
				district;
(c) resident and
				nonresident hunters must possess a valid unused antelope, deer, or elk license
				specific to the species being hunted to participate in a game damage hunt or
				management season; and
(d)
				nonresident hunters who possess a valid unused antelope, deer, or elk license
				may comprise up to 10% of the total game damage hunt roster pool of hunters for
				a specific game damage hunt or management season.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.8 - Damage Hunts › Rule 12.9.805 - SUPPLEMENTAL GAME DAMAGE LICENSES

Current through Register Vol. 13, July 5, 2024
(1) To assist
				landowners who qualify for game damage assistance under the provisions of
				87-1-225, MCA, the department,
				through the regional supervisor or designated staff, has the discretion to
				issue supplemental game damage licenses for antlerless animals to hunters as an
				alternative to a kill permit being issued to a landowner. Criteria used to
				determine when to issue a supplemental game damage license will include, but
				are not limited to, the following:
(a) the
				number of animals to be killed does not exceed 12;
(b) the animals causing the damage are
				present on the property during legal hunting hours;
(c) the circumstances make a game damage hunt
				under ARM 12.9.801 impractical;
(d) hunting is likely to be an effective way
				to remove animals causing damage;
(e) damage to be addressed occurs between
				August 15 and February 15, in accordance with ARM
				12.9.801(1);
(f) each hunter will have
				sufficient opportunity to utilize licenses; and
(g) proposed harvest is consistent with
				regional wildlife management objectives.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.8 - Damage Hunts › Rule 12.9.808 - MANAGEMENT SEASONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
2-4-102,
					 87-1-301, MCA; IMP,
					 2-4-102,
					 87-1-301,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.8 - Damage Hunts › Rule 12.9.810 - HUNTING SEASONS EXTENSIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred to
				  12.9.1105
87-1-301, MCA; IMP,
					 87-1-301,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.9 - Contractual Public Elk Hunting Access Agreements › Rule 12.9.901 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definition applies to this subchapter:
(1) "Contractual public elk hunting access
				agreement" or "EHA agreement" means a negotiated agreement between the
				department and a landowner which defines how free public elk hunting may occur
				on land enrolled under the agreement.
AUTH:
					 87-1-201,
					 87-1-301,
					 87-2-513, MCA; IMP:
					 87-2-513,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.9 - Contractual Public Elk Hunting Access Agreements › Rule 12.9.902 - ELIGIBILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 87-1-201,
					 87-1-301,
					 87-2-513, MCA; IMP:
					 87-2-513,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.9 - Contractual Public Elk Hunting Access Agreements › Rule 12.9.905 - CONTRACTUAL PUBLIC ELK HUNTING ACCESS AGREEMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 87-1-201,
					 87-1-301,
					 87-2-513, MCA; IMP:
					 87-2-513,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.9 - Contractual Public Elk Hunting Access Agreements › Rule 12.9.908 - PROCESS FOR COMMISSION CONSIDERATION OF PERMITS

Current through Register Vol. 13, July 5, 2024
(1) Elk hunting access applications must be
				submitted on a form prescribed by the department, and only complete
				applications will be accepted.
(2)
				Elk hunting access applications must be received on or before May 1. Any elk
				hunting access application received after May 1 is ineligible for commission
				consideration.
(3) All complete elk
				hunting access applications, draft EHA agreements, and hunter/landowner
				satisfaction data from the prior year will be presented to the commission for
				consideration in their decision. Specific landowner, landowner designee, and
				public hunter contact information, such as their email address, phone number,
				and ALS number, will be redacted.
(4) The commission reserves the right to
				reject elk hunting access applications or deny the issuance of permits and or
				licenses, or both, under this program.
AUTH:
					 87-1-201,
					 87-1-301,
					 87-2-513, MCA; IMP:
					 87-2-513,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.9 - Contractual Public Elk Hunting Access Agreements › Rule 12.9.911 - PROCESS FOR SELECTING PERMIT HOLDERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 87-1-201,
					 87-1-301,
					 87-2-513, MCA; IMP:
					 87-2-513,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.10 - Translocation of Prairie Dogs › Rule 12.9.1001 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Confirmed sylvatic plague" means the
				presence of plague-positive fleas, prairie dogs or other mammals has been
				documented.
(2) "Historically
				occupied range" means the area encompassed by the outer limits of the historic
				distribution of a species. The historic range of the black-tailed prairie dogs
				is depicted on page 12 of the "Conservation Plan for Black-tailed and
				White-Tailed Prairie Dogs in Montana" published in 2002. This document is
				posted on the department web page
http://fwp.mt.gov
.
(3) "Presumed sylvatic plague" means that
				visual observation indicates evidence of numerical declines in prairie dog
				numbers in the absence of poisoning or other known sources of prairie dog
				mortality.
(4) "Receiving area"
				means the site to which prairie dogs are relocated.
(5) "Sending area" means the site where
				prairie dogs are currently located and from which prairie dogs may be removed
				for relocation to another site.
(6)
				"Translocation" means removing prairie dogs from one location to a new location
				with the intent to permanently establish them at the new location.
87-1-301,
					 87-5-105, MCA; IMP,
					 87-1-301,
					 87-5-105,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.10 - Translocation of Prairie Dogs › Rule 12.9.1010 - CRITERIA FOR SENDING AREAS

Current through Register Vol. 13, July 5, 2024
(1) An area may
				qualify as a sending area when one or more of the following conditions exist at
				the sending area:
(a) the landowner/public
				land manager needs or desires to reduce prairie dog density or overall acreage
				of prairie dog towns;
(b) the area
				supports sufficient acres and density of prairie dogs to provide donor stock
				without significantly impacting prairie dog density or overall acreage of
				prairie dogs;
(c) the presence of
				prairie dogs conflicts with urban expansion or agricultural production and
				there is little to no opportunity to reconcile conflicts between these land
				uses and prairie dog occupancy; or
(d) prairie dog colonies are threatened by
				lethal control.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.10 - Translocation of Prairie Dogs › Rule 12.9.1015 - CRITERIA FOR RECEIVING AREAS

Current through Register Vol. 13, July 5, 2024
(1) With
				approval of the department, prairie dogs may be relocated to an area within the
				historically occupied range of prairie dogs that complies with one or more of
				the following conditions:
(a) prairie dogs
				occupied the area historically, and the area is now vacant prairie
				doghabitat;
(b) the area contains
				an isolated prairie dog population or is isolated prairie dog
				habitat;
(c) the area is below
				prairie dog management objectives and where augmentation is a management
				strategy;
(d) the area contains
				suitable habitat within the historic distribution of prairie dogs but where
				previous occupation by prairie dogs is not documented; or
(e) the area complies with (1) (a) through
				(d) and where additional prairie dog colonies or increased prairie dog density
				will assist enhancement of prairie dogs and associated species that are rare or
				declining.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.10 - Translocation of Prairie Dogs › Rule 12.9.1020 - MONITORING PLAN - PRAIRIE DOG TRANSLOCATION

Current through Register Vol. 13, July 5, 2024
(1)
				For each translocation, project monitoring must be conducted at the receiving
				area.
(2) A monitoring plan must be
				included with or attached to the translocation proposal. The department or the
				Montana prairie dog working group will provide assistance if requested. The
				monitoring plan must contain the following:
(a) a description of the methodology and time
				lines of data collection;
(b) a
				description of the amount of acreage occupied by prairie dogs at the receiving
				area prior to the release;
(c) a
				description of any habitat that prairie dogs previously occupied but that is
				vacant at the time of the translocation;
(d) a description of any other baseline
				habitat information pertaining to the release;
(e) provisions for one-year and three-year
				post-release assessments. These assessments must compare translocation results
				with the baseline inventory and must be provided to the department;
				and
(f) a provision for assessment
				of the translocation's success by comparing results of the translocation to the
				objectives stated in the translocation proposal, and the requirements of this
				subchapter.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.10 - Translocation of Prairie Dogs › Rule 12.9.1025 - CONFLICT RESOLUTION PLAN

Current through Register Vol. 13, July 5, 2024
(1) A conflict
				resolution plan approved and signed by the landowner or land manager at the
				receiving sitemust be included with or attached to the proposal for
				translocation. The conflict resolution plan must detail the following
				information:
(a) potential conflicts with
				private lands or public lands adjacent to the receiving area, including
				conflicts with agricultural production;
(b) solutions that will be implemented to
				resolve conflicts with agricultural production and other landowner conflicts,
				including identification of the person(s) /party(s) responsible for
				implementing proposed solutions;
(c) potential conflicts between prairie dogs
				and other wildlife species;
(d)
				solutions that will be implemented to resolveconflicts between prairie dogs and
				other wildlife species, including identification of the person(s) /party(s)
				responsible for implementing proposed solutions; and
(e) a statement signed by the landowner/land
				manager at the receiving area that acknowledges responsibilities to other
				landowners/land managers that will be incurred upon translocation of prairie
				dogs, and commitment to implement all provisions of the conflict resolution
				plan.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.10 - Translocation of Prairie Dogs › Rule 12.9.1030 - CAPTURE AND TRANSPORTATION OF PRAIRIE DOGS

Current through Register Vol. 13, July 5, 2024
(1) Persons who have department approval to
				translocate prairie dogs shall comply with the following criteria when
				capturing and transporting prairie dogs:
(a)
				prairie dogs may be captured and translocated between the dates of June 30 and
				October 31. Prairie dogs shall not be moved earlier or later than this time
				period unless a written exception is granted by the regional
				supervisor;
(b) persons
				translocating prairie dogs shall attempt to capture an entire town or portion
				of a town in order to move entire family units together;
(c) a translocation group shouldconsist of at
				least 100 black-tailed prairie dogs or 30 white-tailed prairie dogs.
				Permissionto translocate a smaller number of individuals may begranted by the
				regional supervisor;
(d) persons
				authorized to translocate prairie dogs shall monitor the sending and receiving
				areas for sylvatic plague as outlined in ARM
				12.9.1035 and must notify the
				department immediately if presumedplague is noted;
(e) any prairie dogs that become sick or die
				during transport shall be examined by a qualified individual. If there is a
				possibility that plague is implicated in the cause of death, the entire group
				of animals shall be placed and remain under quarantine while the animal(s) in
				question is referred to a laboratory to determine whether plague is the cause
				of the sickness. If sylvatic plague is confirmed, the sylvatic plaque
				precautions described in ARM
				12.9.1035 and the quarantine
				procedures described in ARM
				12.9.1040 must be
				followed.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.10 - Translocation of Prairie Dogs › Rule 12.9.1035 - SYLVATIC PLAGUE PRECAUTIONS

Current through Register Vol. 13, July 5, 2024
(1) Prairie dogs
				may not be moved from an area with presumed or documented sylvatic plague to an
				area where plague is not present.
(2) At a minimum, sending and receiving areas
				must be monitored 14 days prior to trapping and againwithin 48 hours of
				trapping to determine whether any evidence of plague is present.
(3) If presumedplague is indicated at a
				sending or receiving area, the department must be notified immediately and the
				translocation proposal may be altered or cancelled.
(4) Prairie dogs may not be transported from
				a sending area within five miles of a site with presumed or confirmed sylvatic
				plague for a minimum of one year after the site was presumed or confirmed to
				have plague.
(5) Where there is no
				evidence of presumed or documented plague, or if the receiving area is within
				50 miles of the sending area, quarantine is unnecessary if the following
				conditions are met:
(a) there is no evidence
				of numerical declines in population numbers that would suggest
				plague;
(b) pre-capture monitoring
				at the sending site 14 days prior and within 48 hours prior to trapping
				indicates no evidence of rapid or unexplained declines in prairie dog numbers
				or the presence of prairie dog carcasses that would signal presumed plague;
				and
(c) prairie dogs are treated
				for fleas at the capture area with carbaryl, permethrin, or other appropriate
				pulicide.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.10 - Translocation of Prairie Dogs › Rule 12.9.1040 - QUARANTINE PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Animals at risk
				for plague must be held in quarantine for at least 14 days.
(2) Cages in quarantine facilities must be
				suspended by wires or chains at least one meter off the ground and separated
				from adjacent cages by a minimum of 60 centimeters.
(3) Animals placed in quarantine cages must
				remain in the same cages for the duration of the quarantine. Animals that are
				not part of the original group under quarantine must not be placed in cages
				within the quarantined group or in adjacent cages.
(4) Prairie dogs that die during the 14-day
				quarantine period must be necropsied and tested for plague.
(5) If plague is discovered within the group
				under quarantine, the group of animals must be kept in quarantine for an
				additional 14 days.
87-1-301,
					 87-5-105, MCA; IMP,
					 87-1-301,
					 87-5-105,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.10 - Translocation of Prairie Dogs › Rule 12.9.1045 - APPROVAL PROCESS FOR TRANSLOCATION PROPOSALS

Current through Register Vol. 13, July 5, 2024
(1) The translocation proposal must comply
				with ARM 12.9.1005,
				12.9.1010,
				12.9.1015,
				12.9.1020,
				12.9.1025,
				12.9.1030,
				12.9.1035, and
				12.9.1040 and must undergo public
				review in accordance with MEPA. The department regional supervisor shall review
				prairie dog translocation proposals and render a final decision in writing
				within 30 days of the conclusion of a decision process that complies with MEPA.
				If a translocation proposal affects more than one region, the regional
				supervisor of each region affected by the proposal must sign the final
				decision.
(2) If a regional
				supervisor(s) denies a translocation proposal, the written decision must
				include an explanation of any deficiencies or inconsistencies in the proposal
				pertaining to the proposal criteria required by ARM 12.9.1005.
(3) Regional supervisors shall maintain a
				list of potential sending areas and receiving areas that have been identified
				by private landowners, land management agencies, tribes, and other
				interests.
(4) The Montana prairie
				dog working group may review areas for prioritization, and inclusion on the
				list of approved areas as requested by the department.
87-1-301,
					 87-5-105, MCA; IMP,
					 87-1-301,
					 87-5-105,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.10 - Translocation of Prairie Dogs › Rule 12.9.1050 - APPEAL PROCESS FOR TRANSLOCATION PROPOSALS

Current through Register Vol. 13, July 5, 2024
(1)
				Proponents or opponents of the translocation proposal may appeal a department
				decision to deny or approve a translocation proposal. The proponent or opponent
				shall prepare a written appeal and submit this appeal to the director within 30
				days of the date of the department decision denying or approving the
				translocation proposal. The appeal must respond to the proposal deficiencies or
				inconsistencies cited in the regional supervisor's denial of the
				proposal.
(2) The director shall
				prepare a written response to the appeal within 30 days of receipt. The
				response must affirm or remand the regional supervisor's decision.
87-1-301,
					 87-5-105, MCA; IMP,
					 87-1-301,
					 87-5-105,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.11 - Management Seasons › Rule 12.9.1101 - MANAGEMENT HUNTS

Current through Register Vol. 13, July 5, 2024
(1) A management
				hunt may be implemented on lands eligible for assistance. A management hunt is
				a proactive measure to prevent or reduce potential damage caused by large
				concentrations of game animals resulting from seasonal migrations, extreme
				weather conditions, restrictive public hunting access on adjacent or nearby
				properties, or other factors. The department shall make determinations of
				eligibility based on the criteria set out in this rule. To qualify for a
				management hunt, a landowner must allow public hunting or not significantly
				reduce public hunting through imposed restrictions during established hunting
				seasons, including the general big game season. For eligibility, public hunting
				must be allowed at levels and in ways sufficient to effectively aid in
				management of area game populations. Restrictions that may significantly
				restrict public hunting include:
(a) species
				or sex of animals hunters are allowed to hunt;
(b) portion of land open to hunting;
(c) time period land is open to
				hunting;
(d) fees charged; and
(e) other restrictions that render
				harvestable animals inaccessible.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.11 - Management Seasons › Rule 12.9.1105 - HUNTING SEASONS EXTENSIONS

Current through Register Vol. 13, July 5, 2024
(1) The commission
				may determine that the extension of a hunting season may be an acceptable
				strategy to achieve deer or elk management objectives under the following
				conditions:
(a) a liberal general season deer
				or elk management package has been in place for two consecutive years,
				including the year in which the extension is proposed. A liberal season package
				is established when populations observed in department surveys exceed
				management objectives. Season packages for deer and elk are numerically
				described in the department's current Deer and Elk Plans;
(b) elk populations are 20% or more over the
				current department Elk Plan population objectives as determined by department
				survey, or deer populations are 20% - 30% over the current department Deer Plan
				population objectives as determined by department survey and as specifically
				identified in the five ecotypes described in the Deer Plan;
(c) public hunting access during the
				five-week general hunting season was at levels necessary to accomplish harvest
				management objectives, but management objectives were still not achieved;
				and
(d) weather conditions during
				the fall hunting season result in a harvest that was substantially below the
				desired level in districts that are over objective. Evaluation of harvest may
				include, but is not limited to, field observations, check stations, weather
				conditions, or public comments.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.13 - Gray Wolf Management › Rule 12.9.1301 - COMMITMENT TO PRESERVATION OF THE GRAY WOLF AS RESIDENT WILDLIFE IN NEED OF MANAGEMENT

Current through Register Vol. 13, July 5, 2024
(1) The department
				has management authority of the gray wolf, a resident native wildlife species,
				and is dedicated to the conservation of wolf populations within the state of
				Montana. Pursuant to the definition of management under the Nongame and
				Endangered Species Conservation Act,
				87-5-102, MCA, the department will
				implement conservation and management strategies to make sure that wolves
				continue to thrive and are integrated as a valuable part of Montana's wildlife
				heritage. The department will manage wolves to assure ensure that recovery
				criteria are met or exceeded. Montana will ensure maintenance of at least 15
				breeding pairs and assist natural dispersal and connectivity between gray wolf
				populations in Canada, Montana, Idaho, and Wyoming. The department uses an
				adaptive management framework for the gray wolf, meaning that if the statewide
				number of wolves exceeds 15 breeding pairs, the department may, as outlined in
				these rules, approve lethal control of wolves. If there are fewer than 15
				breeding pairs, the department will allow only conservative management of the
				wolf populations so that the number of breeding pairs does not go below 10 but
				may still approve lethal control. These rules set out the comprehensive
				structure governing control of the gray wolf so that all control actions fall
				within the department's adaptive management considerations. The commission has
				authority, when the statewide number of wolves exceeds 15 breeding pairs, to
				adopt a hunting harvest season with quotas for wolves and will exercise that
				authority as part of the adaptive management framework for the gray wolf. The
				department's management decisions will be guided by the principles of
				maintaining and enhancing Montana's contribution to the overall northern Rocky
				Mountain gray wolf population and the gray wolf's connectivity between
				contiguous populations in Canada, Idaho, Montana, and Wyoming.
87-1-201,
					 87-1-301,
					 87-5-105,
					 87-5-110,
					 87-5-131, MCA; IMP,
					 87-1-201,
					 87-1-301,
					 87-5-102,
					 87-5-103,
					 87-5-104,
					 87-5-105,
					 87-5-108,
					 87-5-131,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.13 - Gray Wolf Management › Rule 12.9.1303 - CONTROL METHODS OF THE GRAY WOLF INCLUDE NONLETHAL AND LETHAL MEANS

Current through Register Vol. 13, July 5, 2024
(1) These rules address when and how the
				department may carry out nonlethal and lethal control of wolves.
(2) To undertake control actions that are
				consistent with this rule, the department may:
(a) take control actions;
(b) authorize USDA Wildlife Services pursuant
				to an interagency cooperative agreement;
(c) authorize the Department of Livestock
				pursuant to an interagency cooperative agreement; or
(d) issue permits to individuals pursuant to
				ARM 12.9.1305.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.13 - Gray Wolf Management › Rule 12.9.1304 - ALLOWABLE NONLETHAL CONTROL OF THE GRAY WOLF

Current through Register Vol. 13, July 5, 2024
(1) Control of the gray wolf includes a
				variety of nonlethal management activities intended to decrease risk of,
				prevent, or resolve a conflict without killing the wolf in question. Allowable
				nonlethal control activities include, but are not limited to:
(a) husbandry practices including, but not
				limited to, electric fencing, increased human presence, fladry, herding or
				guarding animals, night pens, shed lambing, carcass removal, alternative
				pastures, amended pasture or grazing rotations, or supplemental feed;
(b) placement of a radio collar to
				facilitate increased monitoring of the pack;
(c) opportunistic hazing in a noninjurious
				manner;
(d) intentional
				harassment;
(e) department
				discouraging wolves from denning in a particular location;
(f) carcass removal or electric fencing of
				bone yards (e.g., localized livestock disposal sites which attract a variety of
				scavengers); and
(g) working with
				interested individual livestock owners and private landowners, watershed
				groups, interested groups, state and federal land managing agencies, USDA
				Wildlife Services, and the Montana Livestock Loss Board and its coordinator to
				provide technical assistance and to assist with selection and implementation of
				proactive nonlethal controls on both public and private lands when and where
				livestock are present, either seasonally or yearlong.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.13 - Gray Wolf Management › Rule 12.9.1305 - ALLOWABLE LETHAL CONTROL OF THE GRAY WOLF

Current through Register Vol. 13, July 5, 2024
(1) The commission delegates its authority to
				the department to authorize lethal control of problem wolves. The department
				may authorize the following to conduct lethal control of problem wolves:
(a) the department;
(b) USDA Wildlife Services pursuant to an
				interagency cooperative agreement that outlines the procedures for verifying
				the needs for lethal control and as part of a coordinated agency response;
(c) Department of Livestock
				pursuant to an interagency cooperative agreement that outlines the procedures
				for verifying the needs for lethal control and as part of a coordinated agency
				response;
(d) a livestock owner,
				immediate family member, employee, or other person authorized by the department
				with a permit issued by the department under the conditions authorized and
				specified on the permit;
(e)
				control to protect human safety; or
(f) control pursuant to
				87-1-901, MCA.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.14 - Grizzly Bear Management › Rule 12.9.1401 - GRIZZLY BEAR POLICY

Current through Register Vol. 13, July 5, 2024
(1) Whereas, the
				Montana Fish and Game Commission has management authority for the grizzly bear,
				a resident wildlife species, and is dedicated to the preservation of grizzly
				bear populations within the state of Montana; and Whereas, the secure habitat
				for the grizzly has been greatly reduced as a result of the human development
				and population growth from 1850 through 1950 in the bear's traditional range in
				all western states; and Whereas, a significant portion of the remaining grizzly
				bear habitat and population is located in Montana and these Montana populations
				occur in wildlands such as wilderness, primitive areas, de facto wilderness
				areas, national forests, national parks, Indian reservations, and seasonally,
				on adjacent private lands. Now, therefore, in order to promote the preservation
				of the grizzly bear in its native habitat, the commission establishes the
				following policy guidelines for the Montana department of fish, wildlife, and
				parks action when dealing with grizzly bear.
(a) Habitat. The department shall work to
				perpetuate and manage grizzly bear in suitable habitats of this state for the
				welfare of the bear and the enjoyment of the people of Montana and the nation.
				In performing this work the department should consider the following:
(i) the commission has the responsibility for
				the welfare of the grizzly and advocates the protection of the bear's
				habitat;
(ii) management of
				Montana's wildlands, including the grizzly bear habitat, is predominantly, but
				not exclusively, a responsibility of various federal agencies and private
				landowners;
(iii) land use
				decisions made by these agencies and individuals affect grizzly bear habitat,
				thus cooperative programs with these agencies and individuals are essential to
				the management of this species;
(iv) preservation of wildlands is critical to
				the protection of this species and the commission advocates wildland
				preservation in occupied grizzly bear habitat; and
(v) while some logging may not be detrimental
				to grizzly habitat, each logging sale in areas inhabited by grizzly bear should
				be carefully reviewed and evaluated.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.14 - Grizzly Bear Management › Rule 12.9.1404 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Authorized person" means any individual
				given written or verbal authority by the livestock owner, or who is authorized
				by name on a permit to take a grizzly bear. This does not include department
				staff or wildlife services' staff.
(2) "Confirmed grizzly bear mortality" means
				a situation where a grizzly bear carcass is present.
(3) "Demographic monitoring area" or "DMA" is
				the area within which the grizzly bear population is monitored, where
				population estimates are derived, and within which the mortality threshold will
				apply.
(4) "Department" means
				Montana Fish, Wildlife and Parks.
(5) "Department director" means Montana,
				Fish, Wildlife and Parks' director.
(6) "Investigate" or "investigation" means a
				fact-gathering and analytical activity conducted to determine the facts
				relating to a reported incident and to assess a fitting non-lethal or lethal
				management response.
(7)
				"Non-lethal and preventative measures" means actions to prevent or reduce
				conflict that are not intended to injure or kill a grizzly bear.
(8) "Probable grizzly bear mortality" means a
				situation where there is sufficient evidence of grizzly bear blood, hair, and
				other grizzly bear tissues, to support a finding of death.
(9) "Take" or "taken" means the confirmed and
				probable killing of a grizzly bear by firearm.
(10) "Wildlife services" means the United
				States Department of Agriculture - Animal and Plant Health Inspection
				Service.
AUTH:
					 87-1-201,
					 87-1-301, MCA; IMP:
					 87-5-301,
					 87-6-106,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.14 - Grizzly Bear Management › Rule 12.9.1405 - GRIZZLY BEAR MANAGEMENT OBJECTIVE

Current through Register Vol. 13, July 5, 2024
(1) The
				department will implement management strategies to ensure that grizzly bears
				continue to thrive and are integrated as a valuable part of Montana's wildlife
				heritage. The department will manage grizzly bears to ensure that recovery is
				maintained. The department's grizzly bear management objective is to maintain
				and enhance Montana's contribution to the grizzly bear population in the
				lower-48 states and the grizzly bear's connectivity between populations in and
				outside Montana.
AUTH:
					 87-1-201,
					 87-1-301, MCA; IMP:
					 87-1-201,
					 87-1-301,
					 87-5-301,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.14 - Grizzly Bear Management › Rule 12.9.1406 - THE QUOTA AND ESTABLISHING AND ADJUSTING THE QUOTA

Current through Register Vol. 13, July 5, 2024
(1) For each delisted ecosystem, the
				commission will establish an annual quota for the number of delisted grizzly
				bears that may be taken by a livestock owner or other authorized person,
				whether permitted or not, pursuant to
				87-5-301, MCA. The commission
				shall consider relevant factors, including information provided to the
				commission by the department in the grizzly bear annual report, the most recent
				grizzly bear population estimate, the mortality threshold for the delisted
				ecosystem, and previous quotas. The quota pertains to both within and outside
				of the DMA.
(2) Grizzly bears taken
				by the department, wildlife services, or an individual person in self-defense
				do not count towards the quota.
(3)
				Information concerning the quota will be made public via the department's
				website.
(4) When the quota is met,
				the department will make a public announcement, via its webpage and social
				media page. The quota will officially close at 11:59 p.m., the same day the
				department's notice is made.
(5)
				Any individual who takes a grizzly bear after the quota is closed may be
				subject to criminal penalties, pursuant to
				87-6-201,
				87-6-413,
				87-6-905, and
				87-6-907, MCA, as applicable, and
				the deceased bear(s) will be recognized in determining the next year's
				available quota.
(6) If the
				commission determines that circumstances require an adjustment to the total
				number of grizzly bears taken, pursuant to
				87-5-301(3), MCA,
				then it may, at any time prior to the quota being met, adjust the
				quota.
AUTH:
					 87-1-201,
					 87-1-301, MCA; IMP:
					 87-5-301,
					 87-6-106,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.14 - Grizzly Bear Management › Rule 12.9.1407 - THE MORTALITY THRESHOLD

Current through Register Vol. 13, July 5, 2024
(1) The mortality
				threshold(s) is/are the maximum annual number of grizzly bear mortalities,
				within the DMA, that the population(s) can withstand while maintaining recovery
				levels. These recovery levels are described in the ecosystem conservation
				strategies.
(2) All grizzly bear
				mortalities within the DMA will count toward the relevant mortality
				threshold(s).
(3) Information
				concerning the mortality threshold will be made public via the department's
				website.
AUTH:
					 87-1-201,
					 87-1-301, MCA; IMP:
					 87-5-301,
					 87-6-106,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.14 - Grizzly Bear Management › Rule 12.9.1408 - GRIZZLY BEAR MORTALITIES THAT APPLY TO THE QUOTA AND THE MORTALITY THRESHOLD

Current through Register Vol. 13, July 5, 2024
(1) A delisted grizzly bear taken within the
				DMA, pursuant to
				87-5-301(3) and
				(4), MCA, counts towards the relevant quota
				and the relevant mortality threshold.
(2) The quota and the total mortalities
				counted towards the mortality threshold include confirmed and probable grizzly
				bear mortalities.
(3) If a female
				grizzly bear with a cub or cubs of the year is taken, both the female grizzly
				bear and the cub(s) will count towards the quota. If the mortalities are within
				the DMA, they will also count towards the mortality threshold.
AUTH:
					 87-1-201,
					 87-1-301, MCA; IMP:
					 87-5-301,
					 87-6-106,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.14 - Grizzly Bear Management › Rule 12.9.1409 - IF A DELISTED GRIZZLY BEAR POPULATION OVERLAPS TWO OR MORE STATES

Current through Register Vol. 13, July 5, 2024
(1) If a delisted grizzly bear population
				overlaps two or more states, the mortality threshold will be apportioned by a
				percentage allocated to each state involved, and the quota will consider the
				percentage allocated to Montana.
AUTH:
					 87-1-201,
					 87-1-301, MCA; IMP:
					 87-5-301,
					 87-6-106,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.14 - Grizzly Bear Management › Rule 12.9.1410 - ALLOWABLE LETHAL MANAGEMENT OF THE GRIZZLY BEAR

Current through Register Vol. 13, July 5, 2024
(1) The commission authorizes the department
				to use lethal control of depredating grizzly bears.
(2) Pursuant to
				87-5-301(3), MCA,
				a livestock owner or other authorized person may take, without a permit or
				license, a delisted grizzly bear that is attacking or killing livestock. Take
				by a livestock owner or other authorized person is limited to those areas that
				a livestock owner's livestock are legally authorized to be.
(3) Pursuant to
				87-5-301(4) and
				87-6-106(4), MCA,
				the department director or designee may issue a permit to a person, livestock
				owner, or other authorized person to take a delisted grizzly bear, under the
				following circumstances and conditions:
(a)
				when the department makes the determination that the grizzly bear is
				threatening livestock or poses a threat to humans;
(b) when the department makes the
				determination that the grizzly bear was not purposefully or intentionally fed
				or baited; and
(c) if on public
				land, when the livestock owner has demonstrated an effort to utilize one or
				more non-lethal and preventative measures as determined by the department
				director or designee.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.14 - Grizzly Bear Management › Rule 12.9.1411 - ALLOWABLE NON-LETHAL AND PREVENTATIVE MEASURES OF THE GRIZZLY BEAR

Current through Register Vol. 13, July 5, 2024
(1) As allowed by
				87-5-301 and
				87-6-106(4), MCA,
				control of the grizzly bear includes a variety of non-lethal and preventative
				measures intended to decrease risk of, prevent, or resolve a conflict without
				killing the grizzly bear in question. Allowable non-lethal and preventative
				measures include, but are not limited to:
(a)
				husbandry practices, including, but not limited to, electric fencing, increased
				human presence, herding, or guarding animals, night pens, carcass removal,
				alternative pastures, amended pasture or grazing rotations, or supplemental
				feed;
(b) the department's
				placement of a radio collar to facilitate increased monitoring of the grizzly
				bear;
(c) hazing in a non-injurious
				manner;
(d) intentional
				harassment;
(e) electric fencing of
				bone yards;
(f) working with
				interested individual livestock owners and private landowners, watershed
				groups, interested groups, and state and federal land managing agencies to
				provide technical assistance and to assist with selection and implementation of
				proactive non-lethal controls on both public and private lands when and where
				livestock are present, either seasonally or yearlong; and
(g) the department's capture and relocation
				of the grizzly bear.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.14 - Grizzly Bear Management › Rule 12.9.1412 - BAITING GRIZZLY BEARS AND NORMAL LIVESTOCK OPERATIONS

Current through Register Vol. 13, July 5, 2024
(1) A person may not intentionally bait a
				grizzly bear. Normal livestock operations are not considered baiting.
AUTH:
					 87-1-201,
					 87-1-301, MCA; IMP:
					 87-5-301,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.14 - Grizzly Bear Management › Rule 12.9.1413 - REQUIREMENT TO MANAGE ANY DELISTED GRIZZLY BEAR POPULATION FOR FIVE YEARS PRIOR TO A HUNTING SEASON

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall manage any delisted grizzly bear population for at least five years from
				the time of delisting prior to proposing any hunting season for delisted
				grizzly bears.
AUTH:
					 87-1-201,
					 87-1-301, MCA; IMP:
					 87-1-201,
					 87-1-301,
					 87-5-301,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.14 - Grizzly Bear Management › Rule 12.9.1414 - GRIZZLY BEAR ANNUAL REPORT

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall generate and publish a grizzly bear annual report starting the first year
				after either the Northern Continental Divide Ecosystem or the Greater
				Yellowstone Ecosystem is delisted and will continue thereafter.
(2) The grizzly bear annual report will
				include:
(a) the population estimate and
				previous year's mortalities for delisted populations;
(b) the methods used by department personnel
				to monitor grizzly bears and develop population estimates;
(c) information concerning connectivity and
				genetic exchange between the Northern Continental Divide Ecosystem and the
				Greater Yellowstone Ecosystem;
(d)
				description of mortality sources and potential for future population level
				impacts;
(e) the number, types, and
				general locations of human-bear conflicts; and
(f) outreach and education efforts made by
				the department.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.14 - Grizzly Bear Management › Rule 12.9.1415 - GENETIC AND POPULATION AUGMENTATION

Current through Register Vol. 13, July 5, 2024
(1) Upon
				delisting, the department shall continue to translocate grizzly bears between
				the Northern Continental Divide Ecosystem, the Greater Yellowstone Ecosystem,
				and other grizzly bear populations for genetic and population augmentation. The
				department will continue to conduct genetic sampling, as necessary, when
				handling bears, and will analyze those samples to evaluate genetic diversity
				and connectivity between populations and the need for continued
				efforts.
AUTH:
					 87-1-201,
					 87-1-301, MCA; IMP:
					 87-1-201,
					 87-1-301,
					 87-5-301,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.14 - Grizzly Bear Management › Rule 12.9.1416 - DATE OF EFFECT AND APPLICABILITY

Current through Register Vol. 13, July 5, 2024
(1) ARM
				12.9.1404 through
				12.9.1416 only apply to grizzly
				bear populations that have been delisted by the United States Fish and Wildlife
				Service and take effect upon the date that said populations are delisted and no
				longer subject to federal jurisdiction under the Endangered Species Act,
				16 U.S.C.
				1531, et seq.
AUTH:
					 87-1-201,
					 87-1-301, MCA; IMP:
					 87-5-301,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.16 - Wildlife Habitat Noxious Weed Grant Program › Rule 12.9.1601 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
In addition to the definitions provided in  87-5-802, MCA, the
				  following definitions apply to this subchapter:
(1) "Measurable objective" means an
				anticipated response in vegetation that will be measured to evaluate the
				effectiveness of a treatment to restore, rehabilitate, improve, or manage land
				as wildlife habitat through noxious weed management.
(2) "Priority habitat" means plant
				communities or settings that provide a unique, high value habitat, important to
				one or more priority wildlife species.
(3) "Priority wildlife species" means species
				of conservation concern or game species that are recognized by the state of
				Montana for their ecological, economic, or recreational values.
(4) "Project area" means land comprising
				treatments and the area where benefits are anticipated, such as a watershed,
				ecological unit, or other defined area.
(5) "Project sponsor" means the local, state,
				or national organization, either public or private, administering a
				project.
(6) "Treatment areas"
				means specific sites where noxious weed management treatments occur.
(7) "Weed management strategy" means a
				planning document that provides direction for identifying, prioritizing, and
				treating noxious weeds.
AUTH:  87-5-808, MCA; IMP:  87-5-803,  87-5-804,  87-5-805,
					  87-5-806,  87-5-807, MCA