reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.11 - Falconer License Regulations › Rule 12.6.1124 - MARKING

Current through Register Vol. 13, July 5, 2024
(1) If a goshawk (Accipiter gentiles),
				Harris's hawk (Parabuteo unicinctus), peregrine falcon (Falco peregrinus), or
				gyrfalcon (Falco rusticolus) is taken from the wild, acquired from a
				rehabilitator, or from another falconer, the raptor must be banded with a
				permanent, nonreusable, numbered service leg band provided by the department.
				An International Organization for Standardization (ISO) compliant (134.2 kHz)
				microchip may be purchased and implanted in the bird in addition to a band.
				Contact the department for information on obtaining and disposing of bands.
				Within ten days from the day on which the raptor is taken from the wild, it
				must be reported, including band number and/or microchip information, by
				submitting a paper form 3-186A to the department or by submitting the
				information electronically as authorized by the department. An appropriate band
				may be requested from the department in advance of any effort to capture a
				raptor.
(2) A raptor bred in
				captivity must be banded with a seamless metal band, in accordance with
				50 C.F.R.
				21.30. It also may have an implanted
				ISO-compliant (134.2 kHz) microchip. If a seamless band is removed or lost, a
				request for a replacement service nonreuseable band must be requested from the
				department and the required information must be reported immediately upon
				rebanding or microchipping the raptor by submitting a paper form 3-186A to the
				department or by submitting the information electronically as authorized by the
				department. A band that is removed or lost, must be replaced or an
				ISO-compliant (134.2 kHz) microchip must be implanted in the bird and the
				microchip information reported by submitting a paper form 3-186A to the
				department or by submitting the information electronically as
				authorized.
(3) If the band must be
				removed or is lost from a raptor, the loss of the band must be reported within
				five days, and then the permittee must do at least one of the following:
(a) request a service nonreusable band from
				the department and submit the required information immediately upon rebanding
				the raptor by submitting a paper form 3-186A to the department or by submitting
				the information electronically as authorized by the department; or
(b) purchase and implant an ISO-compliant
				(134.2 kHz) microchip in the bird and report the microchip information by
				submitting a 3-186A form to the department or by submitting the information
				electronically as authorized by the department.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.11 - Falconer License Regulations › Rule 12.6.1125 - TEMPORARY HOLDING OF RAPTORS

Current through Register Vol. 13, July 5, 2024
(1) A
				raptor may be housed temporarily for up to 120 consecutive calendar days if the
				bird has a suitable perch and is protected from predators, domestic animals,
				extreme temperatures, wind, and excessive disturbance.
(2) A permittee's raptor may be cared for by
				another falconry permittee for up to 120 consecutive calendar days. The
				permittee caring for the raptor must have a signed and dated statement
				authorizing temporary possession, plus a copy of form 3-186A showing the permit
				under which the bird is held. The statement must include information about the
				time period of care and the allowable activities to be done with the
				bird.
(3) The raptors will remain
				on the original falconry permit and will not be counted against the possession
				limit of the person caring for the raptors.
(4) If the person caring for the raptors
				holds the appropriate level falconry permit, the raptors may be flown in an
				authorized manner, including hunting.
(5) The temporary care of the raptors may be
				extended indefinitely in extenuating circumstances, such as illness, military
				service, or for a family emergency. The department will consider such instances
				on a case-by-case basis.
(6)
				Someone who does not have a falconry permit may care for falconry birds at the
				permittee's facilities for up to 45 consecutive calendar days.
(a) The raptors will remain on the falconry
				permit;
(b) the raptors must remain
				in the facilities;
(c) this care
				may be extended indefinitely in extenuating circumstances, such as illness,
				military service, or for a family emergency; and
(d) the person(s) caring for the raptors may
				not fly them for any reason.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.11 - Falconer License Regulations › Rule 12.6.1126 - TRANSFER OF WILD RAPTORS

Current through Register Vol. 13, July 5, 2024
(1) Wild raptors
				held by a permittee may be permanently transferred to a resident authorized to
				possess raptors for falconry purposes provided:
(a) the permittees submit a federal form
				3-186A or submit the information electronically as authorized by the
				department;
(b) no money, barter or
				any other consideration is involved in the transfer.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.11 - Falconer License Regulations › Rule 12.6.1127 - TEMPORARY TRANSPORT

Current through Register Vol. 13, July 5, 2024
(1) Holders of
				Montana falconry permits may temporarily remove raptors from Montana and return
				them to the state, provided all necessary permits or licenses are obtained from
				the states or other legal authority into which the raptors are
				transported.
(2) A falconer may
				transport a raptor if a suitable perch and protection from extreme
				temperatures, wind, and excessive disturbance are provided. A "giant hood" or
				similar container is acceptable for transporting or housing a raptor.
87-5-204, MCA; IMP,
					 87-5-204,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.11 - Falconer License Regulations › Rule 12.6.1128 - SALE OF RAPTORS

Current through Register Vol. 13, July 5, 2024
(1) A permittee:
(a) may sell, purchase, or barter, or offer
				to sell, purchase, or barter captive-bred raptors marked with seamless bands or
				ISO compliant microchips to other permittees who are authorized to possess the
				raptors.
(b) may not purchase,
				sell, trade, or barter wild raptors. Wild raptors may only be
				transferred.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.11 - Falconer License Regulations › Rule 12.6.1129 - PROPAGATION PERMIT

Current through Register Vol. 13, July 5, 2024
(1) A falconry
				permittee may not propagate raptors without prior acquisition of a valid raptor
				propagation permit issued in accordance with appropriate federal and state
				regulations.
Sec.
					 87-5-204, MCA; IMP, Sec.
					 87-5-204
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.11 - Falconer License Regulations › Rule 12.6.1130 - RELEASE OF RAPTORS

Current through Register Vol. 13, July 5, 2024
(1) A raptor not
				native to Montana or a hybrid raptor may not be released into the wild, but may
				be transferred to another falconry permittee.
(2) A permittee must have permission from the
				department to release a captive-bred raptor that is a native species to
				Montana.
(a) The raptor must be hacked to the
				wild at an appropriate time of year and location;
(b) the falconry band must be removed;
				and
(c) the release must be
				reported by submitting a paper form 3-186A to the department or by submitting
				the information electronically as authorized by the department.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.11 - Falconer License Regulations › Rule 12.6.1131 - FLYING A HYBRID RAPTOR

Current through Register Vol. 13, July 5, 2024
(1) When flown
				free, a hybrid raptor must have at least two attached radio transmitters to
				locate the bird.
87-5-204, MCA; IMP,
					 87-5-204,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.11 - Falconer License Regulations › Rule 12.6.1132 - UNINTENTIONAL TAKE OF PREY

Current through Register Vol. 13, July 5, 2024
(1) If prey is
				killed by a falconry bird without the permittee's intent, including an animal
				taken outside of a regular hunting season, the permittee:
(a) may allow the falconry bird to feed on
				the animal;
(b) may not take
				possession of the animal; and
(c)
				must report take of any federally listed threatened or endangered species to
				the service field office in which the kill occurred.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.11 - Falconer License Regulations › Rule 12.6.1133 - TRANSFER OF RAPTORS TO ANOTHER TYPE OF PERMIT

Current through Register Vol. 13, July 5, 2024
(1) Under some circumstances a permittee may
				transfer a raptor to another permit type if the recipient of the bird,
				including the permittee, possesses the necessary permits for the other
				activity.
(2) A permittee may
				transfer a wild-caught falconry bird to a raptor propagation permit after the
				bird has been used in falconry for at least two years, except one year for a
				sharp-shinned hawk, a Cooper's hawk, a merlin, or an American kestrel. Upon
				transfer, a copy of form 3-186A documenting acquisition of the bird by the
				propagator must be provided to the federal migratory bird permit office that
				administers the propagation permit. The bird must be banded with a permanent,
				nonreusable, numbered band issued by the department.
(3) Raptors held under a falconry permit may
				be used for captive propagation if the person overseeing the propagation has
				the necessary propagation permits. The raptor does not need to be transferred
				from the falconry permit if it is used for fewer than eight months in a year in
				captive propagation. If used more than eight months, the bird must be
				permanently transferred to the propagation permit. The bird must then be banded
				with a permanent, nonreusable, numbered band issued by the
				department.
(4) A permittee may
				transfer a wild-caught bird to another permit type in less than two years,
				except one year for a sharp-shinned hawk, a Cooper's hawk, a merlin, or an
				American kestrel if the bird has been injured and a veterinarian or permitted
				wildlife rehabilitator has determined that the bird can no longer be flown for
				falconry.
(a) When the bird is transferred, a
				copy of form 3-186A documenting acquisition of the bird must be provided to the
				federal migratory bird permit office that administers the other permit type;
				and
(b) a copy of the certification
				from the veterinarian or rehabilitator that the bird is not useable in falconry
				must be provided to the federal migratory bird permits office that administers
				the other permit type.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.11 - Falconer License Regulations › Rule 12.6.1134 - DISPOSITION OF CARCASSES OF FALCONRY BIRDS THAT DIE

Current through Register Vol. 13, July 5, 2024
(1) The carcass of a golden eagle held for
				falconry, including all feathers, talons, and other parts must be sent to the
				National Eagle Repository.
(2) The
				body or feathers of any other species of falconry raptor may be donated to any
				person or institution exempt under
				50 C.F.R.
				21.12 or authorized by permit to acquire and
				possess such parts or feathers.
(3)
				If a falconry bird was banded or microchipped prior to its death, a permittee
				who possessed the bird may keep the body of any falconry raptor except that of
				a golden eagle. The permittee may keep the body so that the feathers are
				available for imping or may have the body mounted by a taxidermist. The
				permittee may use the mount in giving conservation education programs. If the
				bird was banded, the band must be left on the body. If the bird has an
				implanted microchip, the microchip must be left in place.
(4) If a permittee does not wish to donate or
				keep the body or feathers, the body must be burned, buried, or otherwise
				destroyed within ten days of the death of the bird or after final examination
				by a veterinarian to determine cause of death. Carcasses of euthanized raptors
				could pose a risk of secondary poisoning of eagles and other scavengers.
				Appropriate precautions must be taken to avoid such poisonings.
(5) If a permittee does not donate the bird
				body or feathers or have the body mounted by a taxidermist, the flight feathers
				may be possessed from the bird for as long as the permittee has a valid
				falconry permit. The permittee may not buy, sell, or barter the feathers and
				must keep the paperwork documenting acquisition of the bird.
87-5-204,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.11 - Falconer License Regulations › Rule 12.6.1135 - RAPTORS USED FOR EDUCATION

Current through Register Vol. 13, July 5, 2024
(1) A general
				or master falconer may use a bird in conservation education programs presented
				in public venues.
(a) A federal education
				permit is not needed to conduct conservation education activities using a
				falconry raptor.
(b) An apprentice
				falconer may present conservation programs under the supervision of a general
				or master falconer.
(c) The bird
				must be used primarily for falconry.
(d) A fee may be charged for the presentation
				of a conservation education program. The fee may not exceed the amount required
				to recoup the costs of the presentation.
(e) Conservation education programs must
				provide information about the biology, ecological roles, and conservation needs
				of raptors and other migratory birds, although not all of these topics must be
				addressed in every presentation. Falconry birds may not be used for
				presentations that do not address falconry and conservation
				education.
(f) The permittee is
				responsible for all liability associated with conservation education
				activities.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.11 - Falconer License Regulations › Rule 12.6.1136 - APPLICATION AND PERMITTING FOR NONRESIDENT RAPTOR TAKE

Current through Register Vol. 13, July 5, 2024
(1) Three take permits for each species of
				raptor allowed to be removed from the wild will be available to nonresidents
				through a drawing.
(2) Nonresidents
				may only possess one take permit.
(3) Nonresidents applying for a take permit
				must submit to the department by March 15:
(a) a completed application;
(b) a $5 application fee; and
(c) a copy of their valid federal or state
				falconry license.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.12 - Shooting Preserves › Rule 12.6.1201 - SHOOTING PRESERVE BIRD TAGS

Current through Register Vol. 13, July 5, 2024
(1) The
				department will furnish self-locking pheasant tags to licensed shooting
				preserve operators for ten cents each.
Sec.
					 87-4-501 MCA; IMP,
					 87-4-525
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.12 - Shooting Preserves › Rule 12.6.1202 - GAME HUNTED IN PRESERVE

Current through Register Vol. 13, July 5, 2024
(1) The following
				species may be artificially propagated and hunted in shooting preserves having
				operating licenses or permits issued by the department under
				87-4-501, et seq., MCA:
(a) pheasant,
(b) quail,
(c) chukar partridge,
(d) turkey,
(e) Hungarian partridge.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.12 - Shooting Preserves › Rule 12.6.1203 - SHOOTING PRESERVE LICENSE APPLICATION

Current through Register Vol. 13, July 5, 2024
(1)
				The license period for shooting preserves is July 1 through June 30.
(2) Applications, renewals, and expansion
				requests for a shooting preserve license must be submitted on a form provided
				by the department.
(3)
				Applications, renewals, and expansion requests for a shooting preserve license
				are to be postmarked no later than July 1. Applications, renewals, and
				expansion requests postmarked after July 1 will not be considered until the
				following license period.
(4) Any
				shooting preserve that is not renewed by July 1 will be considered to have
				lapsed and is subject to the provisions of a new license application.
87-4-501, MCA; IMP,
					 87-4-501,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.13 - Roadside Zoo Regulations › Rule 12.6.1301 - RECORDS AND DISPLAY OF PERMIT

Current through Register Vol. 13, July 5, 2024
(1) A
				complete record and history of each game animal, game bird, and fur-bearing
				animal, as well as a monthly inventory, record of offspring birth details,
				disposition of animals, and other pertinent details as may be required, shall
				be kept in a permanent log book and made available upon request to any fish and
				game warden or duly commissioned officer.
(2) All permits issued under the provision of
				section 87-4-803, MCA, shall be framed and
				publicly displayed at roadside menageries covered by said permit. A copy of
				these roadside zoo regulations must be prominently displayed for public
				information.
Sec.
					 87-4-802 MCA; IMP, Secs.
					 87-4-802,
					 87-4-803
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.13 - Roadside Zoo Regulations › Rule 12.6.1302 - HOUSING

Current through Register Vol. 13, July 5, 2024
(1) All wild animals (which includes all wild
				mammals, birds, and reptiles, whether or not such animal was bred or reared in
				captivity) held in captivity at roadside menageries, shall be confined at all
				times in cages of such strength and type of construction that it will be
				impossible for said animals to escape, and at no time shall any such animals be
				chained or otherwise tethered to stakes, posts, trees, buildings, or other
				anchorage, or otherwise impeded from moving freely within the cage or
				enclosure.
(2) All such cages and
				enclosures shall be of sufficient size and height to give the animals so
				confined ample space for exercise and to avoid overcrowding or escape. Each
				cage or enclosure shall be provided with a weatherproof den, nest box, rest
				board, perch, or shelter, and such bedding as may be required for the comfort
				of the species of animals, reptiles, birds, etc., so held in captivity and to
				protect them against inclement weather. A suitable shield for protection
				against the hot rays of sun shall also be provided. Where the natural climate
				of the species of animal being held differs from the climate of the area where
				the menagerie is located, provisions must be made to adjust holding conditions
				to the natural habitat.
(3) An
				effective barrier, well supported, shall be constructed around cages or
				enclosures on the side or sides where the public may approach them to safeguard
				the public and the animals from injury. Such cages and fencing shall be kept in
				good repair at all times, and gates and doors shall be padlocked. No nails or
				other sharp protrusions which might injure the animal are allowed within the
				cage.
(4) At least one wall of the
				enclosure shall be constructed so as to provide a privacy screen and windbreak
				for the animals confined within the enclosure or cage.
87-4-802, MCA; IMP,
					 87-4-802,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.13 - Roadside Zoo Regulations › Rule 12.6.1303 - FEEDING

Current through Register Vol. 13, July 5, 2024
(1) A regular daily feeding and watering
				schedule shall be maintained. The rations supplied should be adequate and
				varied, and so far as possible, consistent with the food which is ordinarily
				eaten by such animals in a wild state to maintain proper strength and healthy
				appearance. Food must be of good quality.
(2) Ample fresh water shall be available to
				cages or enclosures at all times.
87-4-802, MCA; IMP,
					 87-4-802,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.13 - Roadside Zoo Regulations › Rule 12.6.1304 - TREATMENT AND SANITATION

Current through Register Vol. 13, July 5, 2024
(1) All animals
				retained at a roadside zoo shall be handled in a humane manner and kept free
				from parasites, sickness or disease, and when afflicted or unsightly shall be
				removed from public display by the owner, and immediately given professional
				medical attention, or be destroyed in a humane manner.
(2) All cages or other enclosures shall be
				cleaned at least once a day and said enclosures and their surroundings shall be
				kept in a sanitary and attractive condition, free from offensive
				odor.
(3) All animals with a
				propensity to fight or which are otherwise incompatible shall be kept
				segregated.
87-4-802, MCA; IMP,
					 87-4-802,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.13 - Roadside Zoo Regulations › Rule 12.6.1305 - IDENTIFYING LABELS

Current through Register Vol. 13, July 5, 2024
(1) Each enclosure
				shall be labeled with the proper common name in English of the animal or
				animals therein confined for the information of the public. The letters on such
				labels shall be at least one inch in height.
87-4-802, MCA; IMP,
					 87-4-802,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.13 - Roadside Zoo Regulations › Rule 12.6.1306 - STOCK OBTAINED LAWFULLY

Current through Register Vol. 13, July 5, 2024
(1) All animals
				retained at a roadside zoo or menagerie shall have been secured in a lawful
				manner. Evidence of such legal possession shall be kept on the premises for
				each animal maintained in such zoo or menagerie and shall be presented to any
				authorized officer upon demand. It shall be the purchaser's responsibility to
				obtain written verification that the individual disposing of any animals was
				legally entitled to make such disposition. Such verification shall be
				maintained with the other records and made available upon request.
87-4-802,
					 87-4-804, MCA; IMP,
					 87-4-802,
					 87-4-804,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.13 - Roadside Zoo Regulations › Rule 12.6.1307 - DISPOSING OF WILDLIFE STOCK

Current through Register Vol. 13, July 5, 2024
(1) Those game
				animals, game birds, and fur-bearing animals captured or taken from the wild,
				wildlife on loan from the department, and any progeny of the above shall not be
				sold and may be exported or exchanged only by permit issued by the
				department.
(2) Those game animals,
				game birds, and fur-bearing animals lawfully obtained from a licensed game farm
				or fur farm within the state or lawfully obtained outside the state may be
				propagated, sold, exchanged, or donated only under authority of a game or fur
				farm permit issued by the department.
87-4-802, MCA; IMP,
					 87-4-802,
					 87-4-804,
					 87-4-805,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.13 - Roadside Zoo Regulations › Rule 12.6.1308 - INSURANCE REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) No permit will
				be issued or renewed, nor will any transfer of permit be approved, unless and
				until the director is furnished satisfactory proof that the operation or
				proposed operation of the roadside zoo or menagerie under such permit is
				covered by policy contract of insurance issued by a reputable and financially
				responsible insurer, which will pay on behalf of such permittee as insured, all
				sums which such permittee shall become legally obligated to pay as damages
				because of bodily injury or property damage caused any member of the public,
				while on the premises of such zoo or menagerie, by negligent operation or
				maintenance or caused by negligent care, confinement, or supervision of the
				birds or animals therein. Such policy contract of insurance shall be issued in
				policy limits of at least the following:
(a)
				bodily injury - $25,000 for each person and $100,000 for each
				occurrence;
(b) property damage
				liability - $5,000 for each occurrence.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.13 - Roadside Zoo Regulations › Rule 12.6.1309 - ENFORCEMENT

Current through Register Vol. 13, July 5, 2024
(1) Regulations contained in this subchapter
				may be enforced by any fish and game warden or other officer duly authorized by
				the state of Montana.
Sec.
					 87-4-802 MCA; IMP, Secs.
					 87-4-802,
					 87-4-807
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.14 - Captive Breeding of Raptors › Rule 12.6.1401 - APPLICATION FOR PERMIT

Current through Register Vol. 13, July 5, 2024
(1) Persons must
				possess both a federal and a Montana raptor propagation permit in order to:
(a) possess, transport, import, purchase,
				barter, or capture from the wild, any raptor for propagation purposes;
				and
(b) offer to sell, purchase, or
				barter a raptor egg or semen for propagation purposes.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.14 - Captive Breeding of Raptors › Rule 12.6.1402 - FACILITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-5-210, MCA; IMP,
					 87-5-210,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.14 - Captive Breeding of Raptors › Rule 12.6.1403 - NOTIFICATION OF LAYING OF EGGS (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-5-210, MCA; IMP,
					 87-5-210,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.14 - Captive Breeding of Raptors › Rule 12.6.1404 - MARKING (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-5-210, MCA; IMP,
					 87-5-210,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.14 - Captive Breeding of Raptors › Rule 12.6.1405 - TAKING RAPTORS OR RAPTOR EGGS FROM THE WILD (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-5-210, MCA; IMP,
					 87-5-210,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.14 - Captive Breeding of Raptors › Rule 12.6.1406 - TRANSFER, PURCHASE, SALE, OR BARTER OF RAPTORS, RAPTOR EGGS, RAPTOR SEMEN, OR RAPTOR PROGENY (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-5-210, MCA; AUTH Extension,
					 Sec. 4, Ch. 532, L. 1987, Eff. 10/1/87; IMP,
					 87-5-206,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.14 - Captive Breeding of Raptors › Rule 12.6.1407 - POSSESSION OF EGGS, NESTS, OR FEATHERS (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-5-210, MCA; IMP,
					 87-5-210,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.14 - Captive Breeding of Raptors › Rule 12.6.1408 - INTENTIONAL RELEASE TO THE WILD (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-5-210, MCA; IMP,
					 87-5-210,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.14 - Captive Breeding of Raptors › Rule 12.6.1409 - RECORDS AND REPORT

Current through Register Vol. 13, July 5, 2024
(1) The records
				required by federal regulations shall be sufficient record for the
				state.
(2) The permittee shall file
				with the department a copy of the annual report required by federal regulations
				by no later than January 31 of each year.
87-5-210, MCA; IMP,
					 87-5-210,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.14 - Captive Breeding of Raptors › Rule 12.6.1410 - INTERSPECIFIC HYBRIDIZATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-5-210, MCA; IMP,
					 87-5-210,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.14 - Captive Breeding of Raptors › Rule 12.6.1411 - DEATH, ESCAPE, OR RELEASE (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-5-210, MCA; IMP,
					 87-5-210,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.14 - Captive Breeding of Raptors › Rule 12.6.1412 - FEDERAL RAPTOR PROPAGATION REGULATIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				commission adopts and incorporates by reference federal regulation contained in
				50 CFR
				21.30. A copy of the federal raptor
				propagation regulations may be obtained from the Department of Fish, Wildlife
				and Parks, Enforcement Bureau, 1420 East Sixth Avenue, P.O. Box 200701, Helena,
				Montana 59620-0701.
87-5-210, MCA; IMP,
					 87-5-210,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1501 - APPLICATION FOR AND RENEWAL OF GAME FARM LICENSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-4-422, MCA; IMP,
					 87-4-416
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1502 - PURCHASE AND SALE OF GAME (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-4-422, MCA; IMP,
					 87-4-416,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1502A - BILL OF SALE/TRANSPORTATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
81-3-202,
					 87-4-422, MCA; IMP,
					 81-3-210,
					 87-4-415,
					 87-4-422,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1503 - FENCING REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-4-422, MCA; IMP,
					 87-4-416,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1503A - FENCING REQUIREMENTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-4-422, MCA; IMP,
					 87-4-409,
					 87-4-422,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1504 - REPORTING (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-4-422, MCA; IMP,
					 87-4-416,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1504A - GAME FARM REPORTING (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-4-422, MCA; IMP,
					 87-4-417,
					 87-4-422,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1505 - RECOVERY OF ESCAPED ANIMALS (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-4-422, MCA; IMP,
					 87-4-416,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1506 - CLOVEN-HOOFED ANIMALS AS GAME FARM ANIMALS (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-4-422, MCA; IMP,
					 87-4-416,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1507 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
81-1-102,
					 81-3-202,
					 87-4-422, MCA; IMP,
					 81-3-210,
					 81-2-102,
					 87-4-415,
					 87-4-422,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1508 - GAME FARM DESCRIPTION (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-4-422, MCA; IMP,
					 87-4-409,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1509 - HOLDING AND HANDLING FACILITIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
81-1-102,
					 81-3-202,
					 87-4-406, MCA; IMP,
					 81-3-203,
					 87-4-406,
					 87-4-409,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1510 - QUARANTINE AREA (REPEALED)

Current through Register Vol. 13, July 5, 2024
81-2-103, MCA; IMP,
					 81-2-102,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1511 - LICENSING LIMITATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-4-422, MCA; IMP,
					 87-4-409,
					 87-4-424,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1512 - NEW SPECIES (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-4-422, MCA; IMP,
					 87-4-409,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1513 - GAME FARM ANIMAL IDENTIFICATION: CLOVEN-HOOFED UNGULATES (REPEALED)

Current through Register Vol. 13, July 5, 2024
81-3-202,
					 87-4-422, MCA; IMP,
					 81-3-203,
					 87-4-414,
					 87-4-415,
					 87-4-422,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1514 - TRANSPORTATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
81-2-707,
					 81-3-202,
					 87-4-422, MCA; IMP,
					 81-2-703,
					 81-3-203,
					 81-3-210,
					 87-4-415,
					 87-4-422,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1515 - IMPORTATION (REPEALED)

Current through Register Vol. 13, July 5, 2024
81-2-707,
					 87-4-422, MCA; IMP,
					 81-2-703,
					 87-4-415,
					 87-4-422,
					 87-4-424,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1516 - DUTY TO REPORT CONTAGIOUS DISEASES (REPEALED)

Current through Register Vol. 13, July 5, 2024
81-2-103, MCA; IMP,
					 81-2-107,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1517 - ESCAPED GAME FARM ANIMALS (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-4-422, MCA; IMP,
					 87-4-419,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1518 - CONFISCATION PROCEDURES (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-4-422, MCA; IMP,
					 87-4-418,
					 87-4-422,
					 87-4-423,
					 87-4-424,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1519 - WAIVER (REPEALED)

Current through Register Vol. 13, July 5, 2024
81-2-102,
					 81-3-202,
					 87-4-415,
					 87-4-422, MCA; IMP,
					 81-2-102,
					 81-3-210,
					 87-4-422,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1520 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The definitions in
				  87-4-406, MCA, and the following
				  apply to this subchapter:
(1) "Catch
				pen" has the meaning defined in ARM
				32.4.101.
(2) "Elk-red deer hybrid" means an animal
				produced by the mating of a North American elk (Cervus elaphus canadensis,
				roosevelti, manitobensis, nannodes or nelsoni) and a red deer (Cervus elaphus
				elaphus) and all subsequent progeny.
(3) "Game farm animals" mean the animals
				defined as game farm animals and cloven-hoofed ungulates in
				87-4-406, MCA, except domestic
				water buffalo (Bubalus bubalis).
(4) "Game proof" means:
(a) for game farms holding exclusively
				cloven-hoofed ungulates, that game farm animals cannot escape the game farm and
				that game animals (excluding mountain lions and bears) cannot enter the game
				farm;
(b) for game farms holding
				omnivores or carnivores, that game farm animals cannot escape the game farm and
				that game animals (including mountain lions and bears) cannot enter the game
				farm.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1521 - ADDITION AND DELETION OF SPECIES AS GAME FARM ANIMALS

Current through Register Vol. 13, July 5, 2024
(1) Any person desiring to add or delete a
				species of cloven-hoofed ungulate to the definition of game farm animals in ARM
				12.6.1520(3) 
				shall petition the department to initiate a rulemaking proceeding pursuant to
				2-4-315, MCA, and ARM
				1.3.205 and
				12.2.101.
87-4-422, MCA; IMP,
					 87-4-424,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1522 - LICENSE APPLICATION AND DEPARTMENT APPROVAL

Current through Register Vol. 13, July 5, 2024
(1) Applicants for a game farm license shall
				file with the department and the Department of Livestock a written application
				on a form prescribed by the department. The applicant shall include the initial
				license fee with the application.
(2) The application must include the
				following minimum requirements:
(a) a written
				description setting forth the township, range, and section, or portion of
				section, and estimated acreage of the game farm;
(b) a 72 minute topographical map identifying
				the location of the game farm;
(c)
				a detailed drawing or map of the game farm showing the location of the exterior
				fence, all exterior gates, catch pens and quarantine facilities;
(d) a written description of specifications
				for all exterior fencing, including portions of quarantine and other internal
				facilities that serve as exterior fencing;
(e) documentation showing compliance with the
				application requirements for catch pens, handling devices and quarantine
				facilities in Department of Livestock rule ARM
				32.4.801;
(f) the species and peak numbers of game farm
				animals that will occupy the game farm;
(g) for game farm animals other than
				antelope, black bear, caribou, elk, fallow deer, mountain goat, mountain lion,
				mountain sheep, mule deer, muskox, reindeer, and whitetail deer, the applicant
				shall provide information required to evaluate the potential threat the species
				may pose to native wildlife or livestock through nonspecific genetic dilution,
				habitat degradation or competition caused by feral populations of escaped game
				farm animals, parasites and disease; and
(h) information showing the applicant's
				capacity to conduct regular inspections and to detect and respond on a timely
				basis to occurrences of ingress and egress.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1523 - ISSUANCE OF LICENSE

Current through Register Vol. 13, July 5, 2024
(1) The department
				may not issue a license until after it has approved the application for license
				and the following have been completed:
(a)
				the department has inspected and approved the applicant's fencing;
				and
(b) the Department of Livestock
				has approved the construction of catch pens, handling device and quarantine
				facilities.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1524 - LICENSE MODIFICATIONS

Current through Register Vol. 13, July 5, 2024
(1) A licensee
				may not expand the area enclosed by exterior fence, exceed the peak number of
				animals, add a new species, or implement a minor modification pursuant to (3)
				without having requested and received the department's approval for a license
				modification. Applications for modifications must be made on forms prescribed
				by the department and must include the required fee.
(2) The department will review an application
				for modification of a license and determine whether it is complete within 30
				days of its receipt. Within 45 days of accepting an application as complete,
				the department will determine whether a prior environmental review sufficiently
				addressed the impacts of the proposed changes. If the department determines not
				to perform a supplemental environmental review, the department will issue a
				decision to approve, deny or approve the application with stipulations within
				the 45 day period. If the department determines to perform a supplemental
				environmental review, the department will complete the review and issue a
				proposed decision within 120 days from the date of the acceptance of the
				application as complete. The department's decision will be issued in accordance
				with the procedures in
				87-4-426, MCA.
(3) Minor modifications of game farm
				facilities include but are not limited to the reconstruction of fences,
				installation and relocation of exterior gates, and the relocation of exterior
				fences within the previously approved perimeter. The reconstruction of fences,
				installation and relocation of exterior gates, and the relocation of exterior
				fences within the previously approved perimeter shall be categorically excluded
				from the requirement for the preparation of an environmental assessment or an
				environmental impact statement, unless a modification may involve one or more
				of the following extraordinary circumstances:
(a) significant impacts on wildlife resources
				or water quality; or
(b) any other
				kind of significant environmental impact, including cumulative or secondary
				impacts.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1525 - ENVIRONMENTAL REVIEWS

Current through Register Vol. 13, July 5, 2024
(1) The department
				will perform an environmental review under the Montana Environmental Policy Act
				(MEPA) on all applications for game farm licenses. The review will consider the
				peak number of animals identified in the application. The department may also
				perform a review of cumulative phases identified in an application.
(2) The department or its representatives
				shall discuss with the applicant the environmental impacts of the proposed
				action and potential mitigation measures or stipulations identified in the
				department's initial review prior to the issuance of a draft environmental
				assessment (EA) or environmental impact statement (EIS).
(3) The department may conduct a supplemental
				environmental review of a game farm operation, including modifications to
				licenses, under any of the following conditions:
(a) there are substantial changes in the
				proposed action that are relevant to environmental concerns; or
(b) there are significant new circumstances
				or information relevant to environmental concerns and bearing on the proposed
				action or its impacts.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1526 - LICENSE FEES

Current through Register Vol. 13, July 5, 2024
(1) The initial
				application fee shall be as set forth in
				87-4-411, MCA. The fee shall be
				based upon the peak number of animals identified in the application. If the
				applicant has submitted an application that identifies phases of construction,
				the fee shall be based upon the peak number of animals in the phase with the
				largest proposed number of animals.
(2) The annual renewal fee shall be as set
				forth in 87-4-411, MCA. The fee shall be
				based upon the number of animals, including offspring, owned, leased or kept on
				the game farm as of December 31 of the year preceding the renewal.
(3) The fee for an application for a license
				modification shall equal the initial application fee prescribed in (1) based
				upon the peak number of animals identified in the application for license
				modification. If the department determines not to perform a supplemental
				environmental review under MEPA, the department shall refund the fee.
87-4-422, MCA; IMP,
					 87-4-411,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1527 - LICENSE RENEWAL

Current through Register Vol. 13, July 5, 2024
(1) A game farm
				license may be renewed prior to January 31 upon payment of the annual renewal
				fee and submission of the reports required by
				87-4-417, MCA. The department's
				issuance of a renewal shall not constitute the department's approval of the
				accuracy or completeness of the reports or records submitted by the licensee. A
				licensee who fails to submit the renewal fee and required reports by April 1
				shall file a new license application form accompanied by the initial
				application fee.
87-4-422, MCA; IMP,
					 87-4-412,
					 MCA;