reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1528 - LICENSE TRANSFERS

Current through Register Vol. 13, July 5, 2024
(1) A licensee may
				not transfer a license without having requested and received the approval of
				the department. The licensee and transferee shall request such approval by
				filing an application on a form prescribed by the department.
87-4-422, MCA; IMP,
					 87-4-412,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1529 - LEGAL SOURCES

Current through Register Vol. 13, July 5, 2024
(1) The licensee
				shall obtain, purchase, board, or lease game farm animals from properly
				licensed or legal sources.
87-4-422, MCA; IMP,
					 87-4-414,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1530 - NOTICE OF MODIFICATION OR TERMINATION OF LEASES

Current through Register Vol. 13, July 5, 2024
(1) A licensee, which relies upon a lease or
				other agreement for its use or occupancy of any portion of the licensee's game
				farm or game farm facilities, shall notify the department and the Department of
				Livestock within ten days of the modification or termination of such lease or
				agreement.
87-4-422, MCA; IMP,
					 87-4-426,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1531 - MINIMUM FENCE STANDARDS FOR APPLICATIONS FILED AFTER JANUARY 15, 1999, FOR FACILITIES HOLDING CLOVEN-HOOFED UNGULATES

Current through Register Vol. 13, July 5, 2024
(1)
				After January 15, 1999, applicants for a game farm license or expansion shall
				construct game farm exterior fencing for facilities holding cloven-hoofed
				ungulates in compliance with the following minimum fencing standards and the
				requirements of ARM
				12.6.1535.
(2) Exterior fences must be constructed to a
				minimum height of eight feet with high tensile 122 gauge, knotted-joint, woven
				wire game fence with vertical wires every six inches and 17 or more strands of
				horizontal wires. The fence bottoms must be installed to provide not more than
				three inches of ground clearance. The fence wire must be placed on the inside
				of the line posts, or in such other manner as will ensure the integrity of the
				fence. The fence wire must be secured to each line post in a minimum of five
				places for wood posts and a minimum of four places for steel posts, including
				the top and bottom wires. Exterior fences constructed on slopes of 50 percent
				grade or 30 degrees or greater may require additional, stronger or higher fence
				posts, special grading, additional wire to increase fence height and other
				measures. Unless site specific conditions require otherwise, fencing running
				perpendicular to the slope contour requires standard fencing.
(3) Exterior fence posts must extend a
				minimum of eight feet above the ground and be of sufficient strength to
				maintain the fence integrity.
(a) line post
				requirements are as follows:
(i) wooden line
				posts must be a minimum of four inches in diameter, treated and be spaced no
				more than 24 feet apart;
(ii) steel
				pipe line posts must be a minimum of 2 3/8 inches in diameter and weigh a
				minimum of three pounds per foot and be spaced no more than 24 feet
				apart;
(iii) t-posts and channel
				steel posts must be a minimum of 1.33 pounds per foot and be spaced no more
				than 20 feet apart, and must be supported by a wooden or steel pipe post every
				60 feet;
(iv) additional posts or
				other measures may be required in wetland areas, heavily timbered areas and
				irregular terrain, including low and high spots; and
(v) line posts must be set to a minimum depth
				of 3 feet to provide adequate support for the fence. T-posts must be installed
				according to manufacturers' specifications.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1532 - MINIMUM FENCE STANDARDS FOR FACILITIES HOLDING CARNIVORES AND OMNIVORES

Current through Register Vol. 13, July 5, 2024
(1) Facilities for holding black bears and
				mountain lions constructed or reconstructed after January 15, 1999, must be
				constructed and maintained in compliance with the following minimum fencing
				standards:
(a) all open topped enclosures
				must meet the following minimum standards:
(i) all exterior fence barriers must be
				constructed to a minimum of 12 feet in height with chain link or other material
				approved by the department at least nine gauge in strength or with a solid
				material that cannot be destroyed and prevents climbing by species contained
				therein. Enclosures must provide a minimum of 300 square feet of dry resting
				area for one animal and be increased by 50 percent for each additional
				animal;
(ii) exterior fences must
				be supported by posts every ten feet;
(iii) the licensee shall install an overhang
				of barbed wire or electric wire along the entire length of the top of the
				exterior fence or barrier sufficient to preclude escape;
(iv) the licensee shall install buried mesh
				wire (minimum 11 gauge) attached to the bottom of the exterior fence or barrier
				and extending laterally three feet to the inside of the enclosure for the
				length of the fence or barrier (to prevent carnivores from digging under the
				fence and escaping;)
(v) the
				licensee shall remove any trees, rocks, debris or other objects that may allow
				carnivores to exit or enter the enclosure; and
(vi) adjoining indoor enclosures that measure
				a minimum of five feet by five feet by five feet must be provided for each
				bear, and no less than three feet high and ten square feet for each mountain
				lion.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1533 - MINIMUM FENCE STANDARDS FOR APPLICATIONS FILED BETWEEN MAY 15, 1992, AND JANUARY 15, 1999, FOR FACILITIES HOLDING CLOVEN-HOOFED UNGULATES

Current through Register Vol. 13, July 5, 2024
(1) The following requirements for fence
				height, posts and gates shall apply to applications filed between May 15, 1992,
				and January 15, 1999, for game farms holding cloven-hoofed ungulates. If the
				facilities are not in compliance with this rule or are not otherwise game
				proof, they will be subject to the requirements in ARM
				12.6.1531. Reconstruction of such
				facilities must satisfy the minimum standards in ARM 12.6.1531, any additional
				requirements in the license and any further requirements to ensure that the
				fences are game proof.
(2)
				Conventional perimeter fences must be, at a minimum, eight feet above ground
				level for their entire length. The bottom six feet must be mesh of sufficient
				size to prevent wild animals from entering and game farm animals from escaping.
				Supplemental wire required to attain a height of eight feet may be smooth,
				barbed, or woven wire (at least 122 gauge) with strands spaced not more than
				six inches apart.
(3) Perimeter
				fences constructed of high tensile wire must be supported by a post or a stay
				at minimum intervals of eight feet.
(4) Conventional perimeter fences must be at
				least 122 gauge woven wire, 142 gauge high-tensile woven wire, chain link,
				nonclimbable woven fence, or other fence approved by the Department of Fish,
				Wildlife and Parks.
(a) If the wire used is
				not a full eight feet in height, it must be overlapped one row and securely
				fastened at every other vertical row or woven together with cable.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1534 - MINIMUM FENCE STANDARDS FOR APPLICATIONS FILED AND FACILITIES CONSTRUCTED PRIOR TO MAY 15, 1992, FOR GAME FARMS HOLDING CLOVEN-HOOFED UNGULATES

Current through Register Vol. 13, July 5, 2024
(1) The following requirements shall apply to
				applications filed and facilities constructed prior to May 15, 1992, for game
				farms holding cloven-hoofed ungulates. If the facilities are not in compliance
				with this rule or are not otherwise game proof, they will be subject to the
				requirements in ARM
				12.6.1531. Reconstruction of such
				facilities must satisfy the minimum standards in ARM 12.6.1531, any additional
				requirements in the license and any further requirements to ensure that the
				fences are game proof.
(2) For elk,
				fencing must be, at a minimum:
(a) 72 feet
				high, constructed of woven wire of 122 gauge; or
(b) of a construction and material that the
				applicant can document has been successfully used in other locales for the same
				species and under similar conditions.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1535 - GAME PROOF CONDITION

Current through Register Vol. 13, July 5, 2024
(1) Exterior fence
				must be designed, constructed and maintained in a game proof condition at all
				times.
(2) The department may
				require measures beyond the minimum requirements in ARM
				12.6.1531 and
				12.6.1532 in order to provide for
				a game proof fence. The additional measures must address site-specific
				conditions identified in the licensing review, which render the minimum
				requirements inadequate to provide a game proof fence.
(3) If the department receives any
				information, e.g., by inspection, or by review of the licensee's reports, that
				indicates that the fence has not been designed, constructed or maintained in a
				game proof condition, and notwithstanding the licensee's compliance with the
				applicable minimum standards and license stipulations, the department may
				modify the license to require the licensee to implement further measures to
				ensure that the fence is game proof. The modifications must be implemented in
				accordance with the procedures in
				87-4-427(3)(c),
				MCA.
(4) The licensee shall
				maintain a clearance of vegetation and debris along the inside of the exterior
				fence sufficient for the department to conduct inspections of the
				fence.
87-4-422, MCA; IMP,
					 87-4-426,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1536 - ALTERNATIVE FENCE DESIGNS

Current through Register Vol. 13, July 5, 2024
(1) An
				applicant may request approval of alternatives to the fence design requirements
				in ARM 12.6.1531 through
				12.6.1534, pursuant to the waiver
				provision in ARM
				12.6.1544. The applicant shall
				provide the department with all specifications on alternative fence designs and
				materials.
87-4-422, MCA; IMP,
					 87-4-426,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1537 - TRANSPORTATION: CARNIVORES AND OMNIVORES

Current through Register Vol. 13, July 5, 2024
(1)
				A licensee shall not transport, sell or dispose of a carnivore or omnivore or
				its carcass until after the licensee requests and obtains an inspection by the
				department or its designated agent. The licensee shall sign the invoice/bill of
				sale certificate provided by the department, certifying the accuracy of the
				information stated.
(2) Copies of
				the invoice/bill of sale certificate will be dispensed as follows:
(a) original and second copy retained by the
				department;
(b) third copy to
				purchaser or transferee, which must also accompany the animals to their
				destination; and
(c) fourth copy to
				be retained by the game farm operator at origin.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1538 - EGRESS AND INGRESS

Current through Register Vol. 13, July 5, 2024
(1) The department
				or any peace officer may seize, capture, or destroy escaped game farm animals
				pursuant to the terms of this rule.
(2) The licensee shall report to the
				department and the Department of Livestock all escapes of game farm animals and
				all ingress of game animals (including all ingress of mountain lions and bears)
				and the reasons for such escapes and ingress. The licensee shall report each
				escape and ingress immediately by telephone to the department and the
				Department of Livestock and shall file a written report with both departments
				within ten days of discovery or notice of the escape or ingress. The licensee
				shall submit the written reports on forms provided by the department and
				completed and signed by the licensee. Ingress of animals other than game
				animals requires no notification.
(3) The licensee shall make every reasonable
				effort to recapture or destroy escaped game farm animals within the following
				time periods from the date of discovery or notice of the escape:
(a) 48 hours for males during the breeding
				seasons specified below:
(i) pronghorn
				antelope - August through September;
(ii) black bear - May through July;
(iii) caribou/reindeer - September through
				October;
(iv) elk - September
				through November;
(v) mountain lion
				- year-round;
(vi) mountain sheep -
				November through December;
(vii)
				mule deer - November through December;
(viii) whitetail deer - November through
				December;
(ix) mountain goat -
				October through December;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1539 - GAME FARM RECORDS AND REPORTS

Current through Register Vol. 13, July 5, 2024
(1) The
				licensee shall maintain records, including records and reports prepared on
				forms provided by the department and the Department of Livestock, inspection
				certificates, receipts, invoices, agreements of sale, canceled checks, and
				bills of sale, in accordance with
				87-4-417, MCA. The licensee shall
				keep such records on or near the premises of the game farm and shall make the
				records kept on forms provided by the department and the Department of
				Livestock available for inspection upon the department's request. The licensee
				shall declare in the license application the location of the licensee's game
				farm records and reports and shall notify the department of any changes in
				their location.
(2) The licensee
				shall prepare and submit reports on forms provided by the department, unless
				the department has given written authorization for a different
				format.
(3) Records and reports
				must include purchases, sales, escapes, recaptures, boarding, leasing,
				transfers, slaughters, deaths and births of game farm animals and the sex,
				animal identification numbers, species (including the identification of
				hybrids) and ownership of each game farm animal. The licensee shall record
				purchases, sales, boarding, leasing, transfers and slaughters within ten days
				of their occurrence.
(4) The
				licensee shall fill out all records and reports forms accurately and completely
				and shall certify the accuracy and completeness of the forms. The licensee may
				not discard pages in the forms provided by the department. The licensee shall
				return any voided pages to the department.
(5) The licensee shall file the reports
				prepared pursuant to this rule with the department within two weeks of the
				reporting periods ending December 31 and June 30 of each year.
(6) Upon license renewal, a licensee may
				request authorization to submit an annual report (instead of the semiannual
				reports in (5)) due within two weeks after the reporting period ending on
				December 31 of each year. The department will approve the request if:
(a) the licensee's prior reports have been
				accurate and timely, the licensee is in compliance with all game farm statutes
				and regulations, and the licensee has reported fewer than 20 transactions
				within the prior year; or
(b) the
				licensee has no game farm animals and will not have any game farm animals
				during the license year.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1540 - CLASSIFICATION OF PROHIBITED AND RESTRICTED SPECIES

Current through Register Vol. 13, July 5, 2024
(1) The department finds that the following
				species, hybrids, or viable gametes (ova and semen), are detrimental to
				existing wildlife and their habitats through nonspecific genetic dilution,
				habitat degradation or competition caused by feral populations of escaped game
				farm animals. The following is a list of prohibited species:
(a) In the family Bovidae, all members of the
				following genera and hybrids thereof:
(i)
				Subfamily Caprinae:
(A)
Rudicapra
(chamois);
(B)
Hemitragus
(tahr);
(C)
Capra
(goats, ibexes--except domestic goat,
Capra hircus
);
(D)
Ammotragus
(Barbary sheep or Aoudad); and
(E)
Ovis
(only the mouflon species,
Ovis
musimon
);
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1541 - POSSESSION OF PROHIBITED SPECIES

Current through Register Vol. 13, July 5, 2024
(1) The
				prohibited species in ARM
				12.6.1540 and animals classified
				by the Department of Livestock pursuant to
				87-4-424, MCA, may not be
				possessed, bred, released, imported, transported, bought, sold, bartered or
				traded within the state, except as authorized in writing by the department. A
				person may possess prohibited species for the life of the animals, provided
				that the person gained possession of the animals prior to May 15, 1992, and the
				animal is neutered and properly contained. Proof of ownership (including the
				date of acquisition) and neutering of such animals must be retained on the game
				farm premises. Prohibited species not legally retained under this rule must,
				within ten days of notice from the department, be transported out of the state
				in compliance with the requirements of the Department of Livestock and the game
				farm rules of the receiving state and federal laws or be destroyed by the
				owner.
(2) Animals testing positive
				for elk-red deer hybridization pursuant to ARM
				12.6.1542 are subject to the
				following:
(a) a licensee shall neuter,
				sterilize, slaughter or sell such animal and its progeny out of the state
				within six months after the initial determination of a positive test result for
				elk-red deer hybridization. If the licensee fails to do so, the animal's
				possession shall be deemed illegal and the department may seize the animal. Any
				animal testing positive for elk-red deer hybridization must be confined to
				prevent breeding during the appropriate breeding season as defined in ARM
				12.6.1538;
(b) a licensee shall submit proof of
				neutering or sterilization to the department and the Department of Livestock;
				and
(c) a licensee shall provide
				five working days advance written notice to the department and the Department
				of Livestock before removing any such animal from the licensee's game
				farm.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1542 - ELK-RED DEER HYBRIDIZATION

Current through Register Vol. 13, July 5, 2024
(1) Licensees
				shall test all elk born on or prior to December 31, 1999, for elk-red deer
				hybridization by January 1, 2000.
(2) Licensees shall test all elk born between
				January 1, 2000, and December 31, 2001, for elk-red deer hybridization by
				January 1 of the year following the year of birth or when the animal is sold or
				transported from the game farm, whichever comes first. Game farms that provide
				documentation to the department verifying that all game farm elk on the
				facility have been hybrid tested prior to January 1, 1999, may apply for a
				waiver of the requirement to test offspring born in 2001. To be granted a
				waiver by the department, a game farm must:
(a) provide a list of all elk on the game
				farm as of December 31, 1998, and copies of laboratory hybrid test results to
				the department by March 1, 1999;
(b) provide copies of laboratory hybrid test
				results to the department for any elk purchased or otherwise acquired on the
				game farm during 1999;
(c) hybrid
				test all offspring born on the game farm during 1999 and 2000.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1543 - CONFISCATION PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) The department
				may seize or confiscate any unlawfully possessed game farm animals, including
				any game farm animals possessed following the expiration of the period
				prescribed in (2). The department shall provide notice and opportunity for
				hearing pursuant to Title 2, chapter 4, parts 6 and 7, of the Montana
				Administrative Procedure Act, provided that such notice and opportunity for
				hearing may be provided after the seizure or confiscation, when the department
				determines that immediate action is necessary to protect public health or
				wildlife.
(2) Upon revocation or
				the licensee's surrender of a game farm license (including the failure to renew
				a license), the licensee shall lawfully dispose of all game farm animals on the
				game farm within 180 days, or such longer period of time as may be approved by
				the department. Failure to comply with this time limit may result in
				confiscation of the game farm animals by the department and/or citations for
				criminal conduct.
(3) The
				department will conduct a sale of live game farm animals that are seized or
				confiscated. The department shall publish notice of the time and place of the
				sale of live game farm animals in a newspaper of general circulation in Helena
				and in the department administrative region where the sale will be held. The
				department will also notify all Montana game farmers licensed for that species.
				A herd may be sold as a unit or individually at the discretion of the
				department. Animals offered for sale will be sold to the highest bidder. The
				department reserves the right to dispose of the game farm animals by other
				means if no offers are received in the course of sale.
(4) Notwithstanding (3) the department may
				dispose of live game farm animals that are seized or confiscated by means other
				than a public sale if the animals may not be legally possessed in Montana or
				if, in the department's discretion, the estimated costs of the sale will exceed
				the estimated revenues.
(5) Animals
				not suitable for live sale must be disposed of in accordance with the
				procedures outlined in (3) and (4), or, if sale is not feasible, by donation to
				public or charitable institutions. If the meat is unsuitable for human
				consumption, it may be disposed of by other means.
(6) The costs of any confiscations or
				seizures of game farm animals, including holding costs and the costs of
				advertising and conducting sales, may be charged to the licensee or person in
				possession of the animals at the time of confiscation or seizure in accordance
				with 87-4-407 and
				87-4-423, MCA. The costs may be
				charged directly to the person or withheld from the proceeds received from
				disposal of the animals.
87-4-422, MCA; IMP,
					 87-4-407,
					 87-4-423,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.15 - Game Farms › Rule 12.6.1544 - WAIVERS

Current through Register Vol. 13, July 5, 2024
(1) The department, in its discretion, may
				waive any rule if it finds that the rule poses an undue hardship to an
				individual applicant or licensee and that the waiver will not threaten or
				adversely affect the health and safety of wildlife, livestock and the public.
				An applicant or licensee wishing to receive a waiver of a rule must make a
				written application to the department stating the basis of the
				request.
87-4-422, MCA; IMP,
					 87-4-422,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.16 - Game Bird Farms › Rule 12.6.1601 - APPLICATION FOR AND RENEWAL OF GAME BIRD FARM LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Application for a game bird farm license
				shall be made in writing on a form prescribed by the department.
(2) The application shall include a $100
				license fee with the initial application.
(3) A game bird farm license may be renewed
				prior to January 31 upon payment of a fee of $50.
(4) All game bird farm licenses expire on
				January 31 following the date of issuance.
(5) A game bird farm operator whose license
				has expired for more than one year will be considered a new applicant and pay
				the $100 initial application fee accompanied by an initial application
				form.
(6) The department may not
				renew a game bird farm license until the licensee has submitted the report
				described by
				87-4-912, MCA, on forms provided
				by the department.
87-4-913, MCA; IMP,
					 87-4-911,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.16 - Game Bird Farms › Rule 12.6.1601A - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 87-4-913,
					 MCA IMP:
					 87-4-915,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.16 - Game Bird Farms › Rule 12.6.1602 - PURCHASE AND SALE OF GAME BIRDS

Current through Register Vol. 13, July 5, 2024
(1) No
				person may purchase live game birds from within the state except from the
				holder of a current game bird farm license.
(2) Game bird farm operators shall provide
				proof of purchase to the purchaser in the form of a receipt or, alternatively,
				the birds may be banded with a leg band approved by the department. The receipt
				must state the following:
(a) name of the
				species;
(b) quantity of
				birds;
(c) sex of birds (if
				known);
(d) name of the game bird
				farm; and
(e) name of purchaser and
				date of purchase.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.16 - Game Bird Farms › Rule 12.6.1603 - FENCING

Current through Register Vol. 13, July 5, 2024
(1) The licensee shall fence or enclose his
				operation sufficiently to prevent the entry of wild game birds and to prevent
				the escape of game bird farm birds into the wild.
(2) The fencing enclosures of all game bird
				farm operations licensed on or before October 1, 1983, are deemed adequate for
				compliance with this rule.
87-4-913, MCA; IMP,
					 87-4-911,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.16 - Game Bird Farms › Rule 12.6.1604 - REPORTING (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-4-913, MCA; IMP,
					 87-4-911,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.16 - Game Bird Farms › Rule 12.6.1605 - FIELD TRIAL ON PUBLIC LAND

Current through Register Vol. 13, July 5, 2024
(1) An application
				for a field trial on public land must include the following:
(a) the number and species of captive-reared
				birds to be used for the trial, if captive-reared birds are being used;
				and
(b) written consent from the
				controlling land managing agency.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.16 - Game Bird Farms › Rule 12.6.1606 - FIELD TRIAL PERMITS

Current through Register Vol. 13, July 5, 2024
(TRANSFERRED)
87-4-913, MCA; IMP,
					 87-4-915,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.16 - Game Bird Farms › Rule 12.6.1607 - DISEASE PREVENTION

Current through Register Vol. 13, July 5, 2024
(1) All
				captive-reared game birds used for dog training shall be purchased from a
				licensed Montana game bird farm. Birds purchased from out of state must be from
				a National Poultry Improvement Plan (NPIP) provider.
AUTH:
					 87-3-604,
					 87-4-913,
					 MCA; IMP:
					 87-3-603,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.16 - Game Bird Farms › Rule 12.6.1608 - PROOF OF PURCHASE OF CAPTIVE-REARED GAME BIRDS USED IN DOG TRAINING

Current through Register Vol. 13, July 5, 2024
(1) A person using captive-reared game birds
				for which a commission-approved hunting season exists for dog training or a
				field trial shall retain proof of purchase that the birds were legally obtained
				from a licensed game bird farm as established in
				87-4-903,
				MCA.
(2) Proof shall be in the form
				of a receipt or, alternatively, the birds may be banded with a leg band
				approved by the department. The receipt must state the following:
(a) name of the species;
(b) quantity of birds;
(c) sex of birds (if known);
(d) name of the game bird farm; and
(e) name of the purchaser and date of
				purchase.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.16 - Game Bird Farms › Rule 12.6.1610 - NATIONAL POULTRY IMPROVEMENT PLAN

Current through Register Vol. 13, July 5, 2024
(1) All
				captive-reared game birds sold in Montana shall originate from a National
				Poultry Improvement Plan (NPIP) certified flock.
(2) Game bird farm licensees who maintain a
				breeding flock over the winter to hatch out offspring for sale must acquire
				their eggs or chicks from NPIP certified sources
(3) Game bird farm licensees who do not
				maintain a breeding flock over-the winter to hatch out offspring for sale must
				acquire their eggs or chicks from NPIP certified sources.
(4) NPIP certification is obtained through
				the Montana Department of Livestock.
AUTH:
					 87-4-913,
					 MCA; IMP:
					 87-4-906,
					 87-4-908
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.17 - Fur Farms › Rule 12.6.1701 - APPLICATION FOR AND RENEWAL OF FUR FARM LICENSE

Current through Register Vol. 13, July 5, 2024
(1) Application for a fur farm license shall
				be made in writing on a form prescribed by the Department of Fish, Wildlife and
				Parks.
(2) The applicant shall
				include a $25 license fee with the initial application.
(3) A fur farm license may be renewed prior
				to January 31 upon payment of a fee of $15.
(4) All fur farm licenses expire on January
				31 following the date of issuance.
(5) A fur farm operator whose license has
				expired for more than one year will be considered a new applicant and pay the
				$25 initial application fee accompanied by an initial application
				form.
(6) The department may not
				renew a fur farm license until the licensee has submitted the report described
				by 87-4-1011, MCA, on forms provided
				by the department.
87-4-1012, MCA; IMP,
					 87-4-1003,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.17 - Fur Farms › Rule 12.6.1702 - PURCHASE AND SALE OF FURBEARERS

Current through Register Vol. 13, July 5, 2024
(1) Live
				furbearers may be sold only by the holder of a valid fur farm
				license.
(2) No person may purchase
				live furbearers from within the state except from the holder of a current fur
				farm license. This rule does not prohibit the purchase of live furbearers from
				outside the state.
87-4-1012, MCA; IMP,
					 87-4-1003,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.17 - Fur Farms › Rule 12.6.1703 - FENCING

Current through Register Vol. 13, July 5, 2024
(1) The licensee shall fence or enclose his
				operation sufficiently to prevent the entry of wild furbearers and to prevent
				the escape of fur farm animals into the wild. The department, upon request,
				will provide guidelines to applicants for the construction of minimally
				adequate facilities.
(2) The
				fencing enclosures of all fur farm operations licensed on October 1, 1983, are
				deemed adequate for compliance with this rule.
87-4-1012, MCA; IMP,
					 87-4-1003,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.17 - Fur Farms › Rule 12.6.1704 - REPORTING (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-4-1012, MCA; IMP,
					 87-4-1003,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.18 - Migratory Game Bird Avicultural Permits › Rule 12.6.1801 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Avicultural permit" means a migratory
				game bird avicultural permit issued pursuant to
				87-2-807, MCA.
(2) "Federal migratory game bird regulations"
				means 50 CFR Parts 20 and 21.
(3)
				"Federal waterfowl sale and disposal permit" means a waterfowl sale and
				disposal permit issued pursuant to
				50 CFR
				21.25 (1985).
(4) "Federal collection permit" means a
				special purpose permit issued pursuant to
				50 CFR
				21.27 (1985) for the purpose of authorizing
				the permit holder to take live migratory game birds or their eggs from the
				wild.
(5) "Federal banding or
				marking permit" means a banding or marking permit issued pursuant to
				50 CFR
				21.22 (1985).
(6) "Migratory game birds" means migratory
				game birds as defined in
				87-2-101(7), MCA,
				for which the Fish and Game Commission declared an open hunting season during
				the previous license year.
87-2-807, MCA; IMP,
					 87-2-807,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.18 - Migratory Game Bird Avicultural Permits › Rule 12.6.1802 - AVICULTURAL PERMITS

Current through Register Vol. 13, July 5, 2024
(1) An applicant
				for an avicultural permit must be a Montana resident as defined in section
				87-2-102, MCA and shall apply in
				writing in accordance with forms prescribed by the department. An application
				shall be accompanied by a copy of the applicant's current application for a
				federal waterfowl sale and disposal permit and a $15 fee.
(2) A permit for the taking of live migratory
				game birds shall be issued only upon approval by the department of a detailed
				statement describing the reasons why the taking of live birds is
				requested.
(3) Issuance of
				avicultural permits shall be based upon:
(a)
				the number of similar applications;
(b) the demonstrated capability of the
				applicant to maintain and propagate migratory game birds;
(c) the applicant's facilities; and
(d) the applicant's past compliance with any
				conditions and restrictions of previous federal permits or avicultural permits
				and applicable state and federal migratory game bird regulations.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.18 - Migratory Game Bird Avicultural Permits › Rule 12.6.1803 - REPORTING AND MARKING

Current through Register Vol. 13, July 5, 2024
(1) Each holder of
				an avicultural permit shall file with the department:
(a) within ten days following expiration of
				the permit a written report stating the number, species, dates and locations of
				all migratory game birds or eggs taken; and
(b) a copy of each federal report required
				for each calendar year in which migratory game birds taken under an avicultural
				permit remain in possession.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.18 - Migratory Game Bird Avicultural Permits › Rule 12.6.1804 - VIOLATIONS

Current through Register Vol. 13, July 5, 2024
(1) Any violation of the terms of an
				avicultural permit or a federal permit may at the discretion of the department
				render the avicultural permit void. Any materially false statement subscribed
				to in an application for an avicultural permit renders the permit void and is
				punishable as provided in
				87-1-102, MCA.
87-2-807, MCA; IMP,
					 87-2-807,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.19 - Reporting and Tatooing of Bears, Wolves, Tigers, Mountain Lions, and Coyotes Captured or Held in Captivity › Rule 12.6.1901 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
For purposes of this rule the following definitions
				  apply:
(1) "Bear" means a member of
				any species of the genus Ursus.
(2)
				"Coyote" means a member of the species Canis latrans, including any canine
				hybrid which is one-half or more coyote.
(3) "Mountain lion" means a member of the
				species Felis concolour.
(4)
				"Tiger" means a member of the species Felis tigris.
(5) "Wolf" means a member of the species
				Canis lupus, including any canine hybrid which is one-half or more
				wolf.
87-1-231,
					 87-1-234, MCA; IMP,
					 87-1-231,
					 87-1-234,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.19 - Reporting and Tatooing of Bears, Wolves, Tigers, Mountain Lions, and Coyotes Captured or Held in Captivity › Rule 12.6.1902 - REPORT OF CAPTURE OR CAPTIVITY-PENALTY (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-231,
					 87-1-234, MCA; IMP,
					 87-1-231,
					 87-1-234,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.19 - Reporting and Tatooing of Bears, Wolves, Tigers, Mountain Lions, and Coyotes Captured or Held in Captivity › Rule 12.6.1903 - TATTOOING

Current through Register Vol. 13, July 5, 2024
(1) Except as provided in ARM
				12.6.903(5), each
				animal reported as required by ARM
				12.6.1902 shall be permanently
				tattooed with an identifying number assigned by the department, within 15 days
				after the assignment of the number.
(2) Assigned numbers shall be tattooed on the
				inside of the left thigh, 6 inches or less from the abdomen. The tattoo shall
				be indelible and read from left to right as viewed from the animal's feet.
				Numbers or letters shall be no less than 3/8 inch in height on coyotes and 1/2
				inch in height on bears, mountain lions, tigers and wolves.
(3) The tattoo shall be certified by either a
				veterinarian or a department employee.
(4) The department may permit ear tags or ear
				tattoos to be used as permanent identification of animals born and kept in
				captivity if the owner or breeder certifies to the department that the animals
				are intended to be slaughtered for their pelage prior to the age of one year.
				Any animals identified with ear tags or ear tattoos that are not slaughtered
				prior to the age of one year must be reported and tattooed as provided in ARM
				12.6.1902(1)  and
				12.6.1903(1) 
				respectively.
87-1-231,
					 87-1-234, MCA; IMP,
					 87-1-231,
					 87-1-234,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.19 - Reporting and Tatooing of Bears, Wolves, Tigers, Mountain Lions, and Coyotes Captured or Held in Captivity › Rule 12.6.1904 - FEES

Current through Register Vol. 13, July 5, 2024
The fee for reports to the department under ARM
				  12.6.1902 is:
(1) $10 for each animal, except that multiple
				young born in captivity may be registered as a single animal if the owner or
				breeder certifies to the department that the animals are intended to be
				slaughtered for their pelage prior to the age of one year;
(2) If six or more animals (other than
				multiple young born in captivity) are reported at the same time, $10 each for
				the first five animals, and thereafter $5 per animal, not to exceed a total of
				$200.
87-1-231,
					 87-1-234, MCA; IMP,
					 87-1-231,
					 87-1-234,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.19 - Reporting and Tatooing of Bears, Wolves, Tigers, Mountain Lions, and Coyotes Captured or Held in Captivity › Rule 12.6.1905 - EXCEPTIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-231,
					 87-1-234, MCA; IMP,
					 87-1-231,
					 87-1-234,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.20 - Crimestoppers Program › Rule 12.6.2001 - FISH AND GAME CRIMESTOPPERS PROGRAM ESTABLISHED

Current through Register Vol. 13, July 5, 2024
(1) There is established in the department a
				statewide fish and wildlife crimestoppers program in order to assist law
				enforcement agencies in detecting and combating fish and wildlife-related
				crimes. The program shall use a toll-free number established for this
				purpose.
Sec.
					 87-5-605 MCA; IMP, Sec.
					 87-5-605
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.20 - Crimestoppers Program › Rule 12.6.2002 - REWARDS

Current through Register Vol. 13, July 5, 2024
(1) Any person, other than employees of the
				department and their dependents, law enforcement officers and their dependents
				and persons who committed the reported offense (other than by way of
				solicitation, conspiracy, or attempt), who gives information through the
				crimestopper program leading to the arrest of a suspect in a fish or
				wildlife-related crime may be eligible for a reward under this
				section.
(2)
(a) The fish and wildlife crimestoppers board
				shall make recommendations, which shall be acted on by the department, as to
				whether to give a reward, and the amount of the reward not to exceed $1,000,
				based on:
(i) the importance of the
				information;
(ii) the seriousness
				of the crime;
(iii) the risk to the
				informant; and
(iv) the value of
				the informant as a regular, reliable source of information.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.20 - Crimestoppers Program › Rule 12.6.2003 - METHOD OF PAYMENT

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall pay approved rewards in cash using established accounting procedures to
				ensure that payment is made to the correct person, and an anonymous receipt
				system.
(2) If a drop is used to
				pay an approved reward, at least two persons shall witness the drop.
Sec.
					 87-5-605 MCA, IMP, Sec.
					 87-5-603 and
					 87-5-605
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.20 - Crimestoppers Program › Rule 12.6.2004 - CONFIDENTIALITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-5-605, MCA; IMP,
					 87-5-606,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.22 - Exotic Wildlife › Rule 12.6.2201 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to this subchapter:
(1) "Condition" or "conditions" means
				specific requirements a person must abide by to receive or retain a
				permit.
(2) "Controlled species"
				means a live, exotic wildlife species, subspecies, or hybrid of that
				species.
(3) "Department" means the
				Montana Department of Fish, Wildlife and Parks.
(4) "Exotic wildlife" means a wildlife
				species that is not native to Montana; foreign or introduced.
(5) "Permit" means written authorization
				issued by the department to possess, sell, purchase, breed, or exchange a
				controlled or prohibited species in the state of Montana.
(6) "Person" means any individual,
				corporation, association, firm, joint venture, partnership, municipality,
				school district or board, agency or political subdivision of the state or
				state-law-created special or other district.
(7) "Prohibited species" means a live, exotic
				wildlife species, subspecies, or hybrid of that species, including viable
				embryos or gametes, that may not be possessed, sold, purchased, exchanged, or
				transported in Montana, except as provided in
				87-5-709, MCA, or this
				subchapter.
(8) "Noncontrolled
				species" means a live, exotic wildlife species, subspecies, or hybrid of that
				species that may be possessed, sold, purchased or exchanged in the state
				without a permit, except as provided in this subchapter or in Montana statutes
				or federal statutes. A noncontrolled species may not be released into the wild
				unless authorized in writing by the department. This definition does not
				authorize the sale, possession, transportation, importation or exportation of a
				noncontrolled species in violation of any applicable federal or state statute
				or regulation or county or city ordinance.
87-5-704,
					 87-5-705,
					 87-5-712, MCA; IMP,
					 87-5-701,
					 87-5-703,
					 87-5-705,
					 87-5-707,
					 87-5-708,
					 87-5-709,
					 87-5-711,
					 87-5-712,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.6 - ENFORCEMENT DIVISION › Subchapter 12.6.22 - Exotic Wildlife › Rule 12.6.2203 - REQUIREMENTS FOR CARE AND HOUSING OF EXOTIC WILDLIFE

Current through Register Vol. 13, July 5, 2024
(1) Exotic wildlife held in captivity must be
				treated in a humane manner and cannot be restrained with a chain, rope, or
				other holding device except when necessary to provide appropriate care.
				Facilities for care of captive exotic wildlife must be maintained in a sanitary
				condition, be large enough to provide room for exercise, be sturdy enough to
				prevent escape, and provide protection to the public. Food, water, and shelter
				must be provided in sufficient quantity and quality to maintain the exotic
				wildlife in a healthy condition.
(2) Specific conditions for the housing of
				exotic wildlife may be required by the department. Requirements will be
				consistent with those under 9 CFR, Ch. 1, Part 3 "Standards for Humane
				Handling, Care, Treatment and Transportation" and consistent with ARM
				12.6.1302.
(3) Adequate veterinary care must be provided
				to identify and minimize the spread of diseases. All exotic wildlife held in
				captivity must be in compliance with and are subject to the current Compendium
				of Animal Rabies Prevention and Control.
87-5-702,
					 87-5-704,
					 87-5-705,
					 87-5-712, MCA; IMP,
					 87-5-705,
					 87-5-707,
					 87-5-709,
					 87-5-711,
					 87-5-712,
					 MCA;