reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.8 - Regulation of Fishing Contests › Rule 12.7.805 - DEPARTMENT DECISION

Current through Register Vol. 13, July 5, 2024
(1) The department
				will issue a decision regarding applications no later than February 1 for open
				water contests or October 1 for ice-fishing contests. The department may
				approve an application as submitted, approve an application with modifications
				or deny an application. When an application is approved with modifications, the
				applicant must respond to the department within 20 days of receipt of the
				department's written decision if the modifications are unacceptable. Failure to
				do so will constitute acceptance of the decision.
(2) An application may be denied if in the
				opinion of the department any of the following are found to exist:
(a) the contest will have detrimental impacts
				on fish populations, the aquatic ecosystem or the surrounding area;
(b) the contest would conflict with
				management goals for the host water;
(c) the contest conflicts with other proposed
				contests or intended uses of the host water;
(d) the proposed contest would be held during
				a period of heavy recreational use on the host body of water, increasing the
				likelihood of conflicts with other users; and
(e) there is significant public opposition to
				the proposed contest based on biological or recreational conflict concerns.
				Public comments will be provided to the sponsor on request.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.8 - Regulation of Fishing Contests › Rule 12.7.806 - REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Within 30 days
				after an approved fishing contest, the sponsor shall report to the department
				information on the success of contest participants on forms provided at the
				time of contest approval.
87-3-121, MCA; IMP, Sec.
					 87-3-121,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.8 - Regulation of Fishing Contests › Rule 12.7.807 - PROHIBITED CONTESTS

Current through Register Vol. 13, July 5, 2024
(1) Contests
				involving any listed species or species of concern are prohibited except for
				Yellowstone cutthroat trout (
Oncorhynchus clarki bouvieri
) or
				westslope cutthroat trout (
Oncorhynchus clarki lewisi
) stocked
				in lakes or reservoirs.
(2) All
				contests involving wild trout (
Salmo Oncorhynchus
or
Salvelinus
) in streams or rivers are prohibited. Contests for
				brook trout (
Salvelinus fontinalis
) that are restricted to
				anglers 14 years or younger are allowed until July 17, 2017.
AUTH:
					 87-3-121, MCA; IMP:
					 87-3-121,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.8 - Regulation of Fishing Contests › Rule 12.7.808 - WAIVER

Current through Register Vol. 13, July 5, 2024
(1) Upon a showing of good cause, the
				department may waive the application of any rule except where waiver is
				precluded by statute.
(2) During
				approved catch-and-release fishing contest hours, fish caught for contest
				purposes and released alive by contest participants are not considered part of
				their daily limit. Contest participants may not have more than the daily limit
				in their possession at any time. All fish must be released alive at the end of
				the day unless the fish died as a result of handling during the
				contest.
87-3-121, MCA; IMP,
					 87-3-121,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.8 - Regulation of Fishing Contests › Rule 12.7.809 - APPEAL TO THE COMMISSION

Current through Register Vol. 13, July 5, 2024
(1) The applicant
				or any person supporting or opposing an application may appeal the decision of
				the department to the commission. An appeal may be made on any grounds or
				arguments made to the department during the department's evaluation and
				consideration of the application. A notice of appeal must be filed with the
				commission within 20 days of written notice of the department's
				decision.
(2) The commission's
				decision to approve the application as submitted, to approve the application
				with modifications or to deny the application will be made on the criteria of
				ARM 12.7.805. The commission's
				decision will be final.
87-3-121, MCA; IMP,
					 87-3-121,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.9 - Sale of Excess Fish Eggs › Rule 12.7.901 - WHEN EGGS WILL BE SOLD

Current through Register Vol. 13, July 5, 2024
(1) The department
				will offer to sell eggs from its brood stock only when the following conditions
				are met:
(a) the department owns eggs that
				are surplus to its needs; and
(b)
				eggs certified to be disease free under the procedures of ARM
				12.7.501 are not available from
				private sources within the state.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.9 - Sale of Excess Fish Eggs › Rule 12.7.902 - SOURCE OF EGGS TO BE SOLD

Current through Register Vol. 13, July 5, 2024
(1) The department
				will sell eggs only from its hatchery held stocks. Eggs from natural runs will
				not be sold.
Sec.
					 87-1-201 MCA; AUTH. Extension,
					 Sec. 2 Ch. 152, L. 1987, Eff. 10/1/87; IMP, Sec.
					 87-4-601
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.9 - Sale of Excess Fish Eggs › Rule 12.7.903 - BUYERS' LIST

Current through Register Vol. 13, July 5, 2024
(1) Licensed
				commercial fish pond operators wishing to be notified of egg sales must file
				with the department their name and a phone number where they can be reached
				during normal business hours.
Sec.
					 87-1-201 MCA; AUTH. Extension,
					 Sec. 2 Ch. 152, L. 1987, Eff. 10/1/87; IMP, Sec.
					 87-4-601
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.9 - Sale of Excess Fish Eggs › Rule 12.7.904 - SALES PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) When the
				department determines that the conditions of ARM
				12.7.901 have been met, it will
				notify all licensed commercial fish pond operator's on the buyer's list of the
				number of eggs available.
(2) The
				department will make no more than two attempts to notify by telephone each
				buyer on the buyer's list of the availability of surplus eggs.
(3) Following the phone call from the
				department, the potential buyer has four days within which to submit a
				bid.
(4) In order to be considered
				by the department, a bid must be accompanied by a deposit in the form of a
				certified check, money order or personal check for ten percent of the bid
				amount.
(5) If the high bidder
				declines the eggs or fails to meet other conditions of the sale, the ten
				percent deposit will be forfeited and the eggs will be offered to the next
				highest bidder, who will be offered the eggs at his bid price.
Sec.
					 87-1-201 MCA; AUTH. Extension,
					 Sec. 2 Ch. 152, L. 1987, Eff. 10/1/87; IMP, Sec.
					 87-4-601
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.9 - Sale of Excess Fish Eggs › Rule 12.7.905 - TRANSFER PROCEDURES

Current through Register Vol. 13, July 5, 2024
(1) Eggs will be
				released to the operator or his representative upon receipt of bid amount at
				the state hatchery where the surplus occurs. The state hatchery will provide
				egg shipping cartons prior to actual transfer. The operator will be required to
				sign a surplus fish egg sale responsibility disclaimer, which will be provided
				by the department.
Sec.
					 87-1-201 MCA; IMP, Sec.
					 87-4-601
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.9 - Sale of Excess Fish Eggs › Rule 12.7.906 - METHODS OF PAYMENT

Current through Register Vol. 13, July 5, 2024
(1) Payment is due
				at time of transfer. Payment can be made with a personal check, a certified
				check or a money order. Cash will not be accepted.
Sec.
					 87-1-201 MCA; IMP, Sec.
					 87-4-601
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.10 - Paddlefish Egg Donations, Marketing and Roe › Rule 12.7.1001 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) For purposes of this section, the
				following definitions apply:
(a) "Roe" means
				paddlefish eggs removed from the fish prior to processing;
(b) "Caviar" means roe washed, screened,
				cooled and salted;
(c) "Processing"
				means the washing, screening, cooling and salting of roe.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.10 - Paddlefish Egg Donations, Marketing and Roe › Rule 12.7.1002 - SELECTION OF CORPORATION AND NOTICING

Current through Register Vol. 13, July 5, 2024
(1)
				The fish and game commission will select a nonprofit corporation duly
				incorporated and certified under the Montana Nonprofit Corporation Act to
				receive paddlefish roe donations and process and market the roe as caviar. The
				selection will be made from proposals submitted by qualified organizations
				according to criteria set forth in this section.
(2) A public notice of the intent and details
				of the paddlefish roe donation and marketing program will be issued in all
				local, daily and weekly newspapers within the lower Yellowstone river drainage
				in Montana and in the major statewide newspapers. The notice will include a
				request for proposals from qualified organizations, proposal due dates,
				selection process time frames and a list of minimum eligibility criteria as
				well as other criteria that should be included in proposals.
Sec.
					 87-4-601 MCA; IMP, Sec.
					 87-4-601
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.10 - Paddlefish Egg Donations, Marketing and Roe › Rule 12.7.1003 - CRITERIA IN SELECTING NONPROFIT CORPORATION

Current through Register Vol. 13, July 5, 2024
(1) The commission shall consider the
				following criteria in selecting a corporation for conducting paddlefish roe
				donation and marketing program:
(a) overall
				feasibility of the corporation's proposal;
(b) estimated benefits to the public and
				paddlefish resource;
(c) capability
				to operate the paddlefish roe donation program including:
(i) ability to minimize waste and impacts on
				the paddlefish resource;
(ii)
				knowledge of collecting, processing and marketing the roe;
(iii) ability to successfully operate during
				the paddlefish season and process up to 300 fish per day;
(iv) ability to distinguish legally captured
				fish;
(d) burden of the
				proposed operations on department administration and enforcement;
(e) benefits of the proposed operations to
				the local community;
(f) compliance
				with all local and state food processing and health laws; and
(g) feasibility of the corporation's plan for
				marketing and processing.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.10 - Paddlefish Egg Donations, Marketing and Roe › Rule 12.7.1004 - OPERATING PLAN

Current through Register Vol. 13, July 5, 2024
(1) A general
				operating plan shall be submitted with the proposals. The plan should include
				the following:
(a) fish and egg handling and
				record keeping procedures;
(b)
				precautions to be taken to avoid wasting the paddlefish resource;
(c) the mechanism for securing eggs from only
				fresh legally taken fish;
(d) a
				plan for processing and marketing the roe;
(e) use and selection of subcontractors if
				subcontractors are to be used;
(f)
				details on how the corporation intends to encourage donations of roe from the
				paddlefishermen; and
(g) proposed
				times and sites and other conditions under which eggs will be
				collected.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.10 - Paddlefish Egg Donations, Marketing and Roe › Rule 12.7.1005 - RECORDS

Current through Register Vol. 13, July 5, 2024
(1) The selected corporation shall be
				required to keep the following records which will be available for department
				inspection upon request.
(a) the daily total
				number of fish from which roe are taken;
(b) recording tag numbers from all
				fish;
(c) the daily total weight of
				roe collected;
(d) the daily total
				weight of roe processed;
(e) the
				gross income from roe or caviar sold; and
(f) the weekly total expenses incurred
				including operation costs and salaries.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.10 - Paddlefish Egg Donations, Marketing and Roe › Rule 12.7.1006 - PERMIT

Current through Register Vol. 13, July 5, 2024
(1) The organization submitting the best
				proposal as determined by the commission will be issued a permit from the
				department to operate the paddlefish roe donation program. The permit will be
				conditioned to require operation as proposed and as required by these rules.
				The permit shall terminate June 30, 1993. If the statutory authority is
				extended to allow for continuation of the program, the department may extend
				the permit or initiate the selection process again.
(2) The commission may revoke the permit
				after opportunity for hearing if it determines that:
(a) permit conditions have been
				violated;
(b) paddlefish roe funds
				are being misapplied or wasted; or
(c) that the corporation is unable to
				carryout the purposes of the paddlefish roe donation program.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.11 - River Restoration Program › Rule 12.7.1101 - PURPOSE (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-201, MCA; IMP,
					 87-1-257,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.11 - River Restoration Program › Rule 12.7.1102 - DEFINITIONS (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-201, MCA; IMP,
					 87-1-257,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.11 - River Restoration Program › Rule 12.7.1103 - ELIGIBILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-201, MCA; IMP,
					 87-1-257,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.11 - River Restoration Program › Rule 12.7.1104 - PROJECT APPLICATION

Current through Register Vol. 13, July 5, 2024
(1) Application for
				program funding must be submitted on forms supplied by the
				department.
(2) Applicants
				proposing projects on lands other than their own must include written consent
				of the landowner and/or lessee for the project, including an agreement for any
				maintenance and evaluation activities that may be necessary.
87-1-201, MCA; IMP,
					 87-1-257,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.11 - River Restoration Program › Rule 12.7.1105 - PROJECTS

Current through Register Vol. 13, July 5, 2024
(1) Program funding may be provided for costs
				of design, planning and construction of projects which will conserve and
				enhance fish and wildlife habitat. Potential projects may include but are not
				restricted to the following:
(a) Fish habitat
				improvement;
(b) Barrier removal or
				other improvements to provide fish passage;
(c) Riparian enhancement or
				protection;
(d) Stream channel
				rehabilitation and stabilization;
(e) Clean up of debris and trash in river
				corridors;
(f) Watershed
				enhancement (sediment source abatement, grazing management systems, vegetative
				development);
(g) Stabilization or
				modification of irrigation diversions presently in use, including innovative
				techniques not presently used in Montana;
(h) Bank stabilization (vegetative, sloping,
				rip-rap).
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.11 - River Restoration Program › Rule 12.7.1106 - PROJECT REVIEW AND ASSESSMENT

Current through Register Vol. 13, July 5, 2024
(1)
				Applications for program funding will be reviewed in March and September of
				each year. Applications reviewed at each time will be those complete
				applications received before March 1 or before September 1, respectively. A
				program committee will review, evaluate and approve projects for funding. The
				fisheries division administrator will give the final approval for project
				funding.
(2) Copies of completed
				applications received by the department will be sent to the appropriate
				conservation district for their review and comments. In order to have their
				comments considered the conservation district must return its comments to the
				department within 10 days after its monthly meeting following receipt of the
				application.
(3) The following
				criteria will be used for evaluating restoration projects:
(a) The degree to which the project optimizes
				benefits to public fisheries;
(b)
				The degree to which the project promotes benefits to other river resources,
				such as water quality, water quantity, wildlife habitat, non-fishing
				recreational values, property values, and aesthetic values;
(c) The level of in-kind services or cost
				sharing from other sources;
(d) The
				severity of the problem and need;
(e) The importance of the river or stream
				(determined from the Montana interagency data base);
(f) The level of local support for the
				project;
(g) The potential for
				statewide application (demonstration projects);
(h) Public fishing allowed on or near the
				project area.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.11 - River Restoration Program › Rule 12.7.1107 - PERMITS

Current through Register Vol. 13, July 5, 2024
(1) Projects approved for account funding
				that require a permit under the Natural Streambed and Land Preservation Act (
				75-7-101 et seq., MCA) must be
				submitted to the respective county conservation district for review. The
				project applicant is responsible for obtaining these permits and all other
				necessary permits. Permits must be obtained prior to project initiation to
				qualify for payment of funds.
87-1-201, MCA; IMP,
					 87-1-257,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.11 - River Restoration Program › Rule 12.7.1108 - INSPECTION AND PAYMENT BY DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1)
				Funds granted from the account shall be used only for purposes described in the
				application. Accurate records must be kept by the project applicant or sponsor.
				An itemized invoice of expenses and receipts approved by the applicant must be
				submitted to the department for payment.
(2) Payment may be made in installments for
				completed work as the project progresses. Upon completion of a project, a final
				inspection and payment will be made within 45 days by the department. If the
				department determines after inspection that the project is not complete, final
				payment shall be withheld pending completion and reinspection.
87-1-201, MCA; IMP,
					 87-1-257,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.11 - River Restoration Program › Rule 12.7.1109 - PROJECT MAINTENANCE

Current through Register Vol. 13, July 5, 2024
(1) Projects funded
				under the program such as fences, bridges, culverts, irrigation diversions,
				bank rock rip-rap or other channel stabilization measures will become the
				property of the landowner. Fish habitat improvement projects such as spawning
				channel development, fish barrier removal or modification and structural cover
				development must be maintained for the useful life of the project by the
				applicant. A memorandum of understanding shall be prepared by the department
				and the landowner as necessary to allow for any maintenance or monitoring
				activities of projects funded by the program.
(2) Projects with demonstrated benefits to
				public fisheries and conservation of rivers may be eligible for maintenance
				funding under this program. Maintenance funding may be requested by submitting
				a completed program application form to the department. These requests will be
				evaluated by the program committee when they are received and funding may be
				granted after all factors are considered.
(3) Additional funding may be available to
				complete a project if a natural catastrophic event has damaged or destroyed the
				project during construction. Requests for additional funding will be evaluated
				by the program committee. The committee may allocate funds outside of the
				normal review process depending on the urgency of the situation.
87-1-201, MCA; IMP,
					 87-1-257,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.11 - River Restoration Program › Rule 12.7.1110 - EVALUATION

Current through Register Vol. 13, July 5, 2024
(1) Restoration projects involving devices to
				improve fish habitat, such as digger logs, K-dams, wing deflectors, trash
				collectors, boulder placement, bank cover, gabions, jetties, or any variations
				thereof, shall be evaluated by the applicant. A tentative evaluation plan shall
				be submitted along with the program application form in order to be considered
				for project funding. The evaluation plan must involve one year of pre-project
				data including fish population information and channel morphology measurements.
				Post-project evaluation must be conducted at least twice in the following five
				year period. The applicant shall submit a report to the department following
				each post-project evaluation activity. The report must summarize the findings
				of the evaluation.
87-1-201, MCA; IMP,
					 87-1-257,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.11 - River Restoration Program › Rule 12.7.1111 - RECORDS

Current through Register Vol. 13, July 5, 2024
(1) Records will be kept on each funded
				project and a fiscal year report will be prepared by the department.
87-1-201, MCA; IMP,
					 87-1-257,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.11 - River Restoration Program › Rule 12.7.1112 - EFFECT OF RULE VIOLATIONS

Current through Register Vol. 13, July 5, 2024
(1) Any person or
				organization falsifying financial statements or using river restoration funds
				for purposes other than the intended project will be disqualified from further
				participation in the program and will be required to reimburse the department
				for any compensation received. The person may also be subject to criminal
				prosecution.
87-1-201, MCA; IMP,
					 87-1-257,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.12 - Future Fisheries Program › Rule 12.7.1201 - PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) The purpose of these rules is to adopt
				procedures to implement the functions of the commission and the department in
				the future fisheries improvement program established in
				87-1-272, MCA. The purpose of the
				program is to restore essential habitats for the growth and propagation of wild
				fish populations in lakes, rivers, and streams through voluntary means. Funds
				may be used for long-term enhancement of streams and stream banks, instream
				flows, water leasing, lease or purchase of stored water or other voluntary
				programs to enhance wild fish and their habitats.
Sec.
					 87-1-201,
					 87-1-301 MCA; IMP, Sec.
					 87-1-272,
					 87-1-273
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.12 - Future Fisheries Program › Rule 12.7.1202 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
As used in these rules, the following definitions
				  apply:
(1) "Commission" means the
				fish, wildlife and parks commission.
(2) "Department" means the department of
				fish, wildlife and parks.
(3)
				"Native fish" means fish species that were present in a given water body prior
				to the influence of European man.
(4) "Program" means the future fisheries
				improvement program provided for in
				87-1-272, MCA, and as implemented
				in these rules.
(5) "Restoration"
				means to restore to a natural or near natural condition.
(6) "Review panel" means the future fisheries
				improvement review panel.
(7) "Wild
				fish" means fish populations that sustain themselves through natural
				reproduction in lakes, reservoirs, rivers, or streams.
Sec.
					 87-1-201,
					 87-1-301 MCA; IMP, Sec.
					 87-1-272,
					 87-1-273
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.12 - Future Fisheries Program › Rule 12.7.1203 - PROJECT RANKING AND APPROVAL

Current through Register Vol. 13, July 5, 2024
(1) Eligible
				projects that have been approved by the review panel will be reviewed,
				evaluated and ranked by a committee that includes at least two department
				personnel with a background in fishery biology and an understanding of the
				habitat requirements of fish and one member of the review panel.
(2) The department will submit a list of
				recommended projects to the commission for consideration at public hearings
				conducted as part of regularly scheduled commission meetings. The commission
				will grant final approval for project funding.
(3) The department and the commission will
				use the following criteria to evaluate and prioritize projects:
(a) the degree to which the project optimizes
				public benefits to wild fisheries;
(b) whether the project benefits a native
				fish species with emphasis on species of special concern;
(c) the importance of the river or stream
				(determined from the Montana interagency database -- a ranking of the habitat
				and species value of stream reaches);
(d) the expected benefits of the project
				relative to cost;
(e) the long-term
				effectiveness of the restoration;
(f) the level of in-kind services or
				cost-sharing from other sources.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.12 - Future Fisheries Program › Rule 12.7.1204 - PERMITS

Current through Register Vol. 13, July 5, 2024
(1) The project applicant is responsible for
				obtaining all necessary permits required to complete the project. Permits must
				be obtained prior to project initiation to qualify for payment of
				funds.
Sec.
					 87-1-201,
					 87-1-301 MCA; IMP, Sec.
					 87-1-272,
					 87-1-273
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.12 - Future Fisheries Program › Rule 12.7.1205 - INSPECTION AND PAYMENT BY DEPARTMENT

Current through Register Vol. 13, July 5, 2024
(1)
				Funds granted from the account shall be used only for purposes described in the
				final project agreement. Itemized invoices of expenses and receipts approved by
				the applicant must be submitted to the department for payment.
(2) Payment may be made in installments for
				completed work as the project progresses. Upon completion of a project, a final
				inspection and payment will be made within 45 days by the department. If the
				department determines after inspection that the project is not complete, final
				payment shall be withheld pending completion and reinspection.
(3) Unanticipated expenses of up to 10% of
				total project costs can be approved by the department.
(4) Additional funding may be available to
				complete or repair a project if a natural catastrophic event damages or
				destroys the project while the project is under construction. requests for
				additional funding will be evaluated by the department.
87-1-201,
					 87-1-301, MCA; IMP,
					 87-1-272,
					 87-1-273,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.12 - Future Fisheries Program › Rule 12.7.1206 - PROJECT MAINTENANCE

Current through Register Vol. 13, July 5, 2024
(1) Projects funded
				under the program such as fences, bridges, fish screens, or other channel
				restoration measures will become the property of the landowner. Fish habitat
				improvement projects such as spawning channel development, fish barrier
				removal, fish screens, and riparian enhancements must be maintained for the
				useful life of the project by the applicant.
(2) Projects with demonstrated benefits to
				public fisheries and conservation of rivers may be eligible for maintenance
				funding under this program. Maintenance costs of up to 10 percent of total
				project costs can be approved by the department.
87-1-201,
					 87-1-301, MCA; IMP,
					 87-1-272,
					 87-1-273,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.12 - Future Fisheries Program › Rule 12.7.1207 - PROJECT MONITORING

Current through Register Vol. 13, July 5, 2024
(1) Restoration
				projects shall be evaluated by either the applicant or the department according
				to terms stipulated in the project agreement. Monitoring will be conducted on
				each completed project at times agreeable to the landowner. The type and
				frequency of monitoring will be established by the department.
87-1-201,
					 87-1-301, MCA; IMP,
					 87-1-272,
					 87-1-273,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.12 - Future Fisheries Program › Rule 12.7.1208 - EFFECT OF RULE VIOLATIONS

Current through Register Vol. 13, July 5, 2024
(1) Any person or
				organization falsifying financial statements or using program funds for
				purposes other than the intended project will be disqualified from further
				participation in the program and will be required to reimburse the department
				for any compensation received.
87-1-201,
					 87-1-301, MCA; IMP,
					 87-1-272,
					 87-1-273,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.13 - Scientific Collectors Permit › Rule 12.7.1301 - APPLICATION PROCESS AND CRITERIA FOR A SCIENTIFIC COLLECTORS PERMIT

Current through Register Vol. 13, July 5, 2024
(1) The application for a scientific
				collectors permit must contain the following:
(a) name, address, phone number, affiliation
				and qualifications of the applicant as well as any associates who will be
				involved in making collections;
(b)
				description of supervision provided by the applicant to any associates included
				on the application;
(c) description
				of why the collection is necessary, including why collection by angling is not
				possible within the creel limits by licensed anglers during the regular angling
				season;
(d) description of the
				study plan;
(e) description of the
				collection gear and method or methods of collection;
(f) anticipated species collected,
				approximate number, location and time frame for collection, and disposition of
				collected specimens (return to waterbody, preserve for scientific purposes,
				dispose of in a sanitary manner);
(g) special precautions taken to protect
				threatened and endangered species and species of special concern; and
(h) $50 application fee, except for those
				exempt under
				87-2-806(5),
				MCA.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.14 - Cooperative Fishing Access Agreements › Rule 12.7.1401 - COOPERATIVE FISHING ACCESS AGREEMENTS

Current through Register Vol. 13, July 5, 2024
(1)
				The department may provide monetary benefits under
				87-1-285, MCA, to a landowner who
				enters into a cooperative agreement with the department to allow public fishing
				access across or on the landowner's property.
(2) In determining whether or not to enter
				into a cooperative agreement and/or the amount of monetary benefits paid under
				the agreement, the department shall evaluate the public benefit of acquiring
				access to the site. The department shall use the 2002 private land fishing
				access scoring form to make this evaluation. This form is incorporated by
				reference as part of this rule and is available from the Department of Fish,
				Wildlife and Parks, Fisheries Division, 1420 East Sixth Ave., P.O. Box 200701,
				Helena, MT 59620-0701.
(3) The
				score a site receives on the 2002 fishing access scoring form will determine
				the amount of landowner benefits, if any, that the department offers to the
				landowner for the purpose of acquiring fishing access.
(4) Compensation schedules will be prorated
				biennially to conform to legislative appropriations for the program.
87-1-285, MCA; IMP,
					 87-1-285,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.15 - Unauthorized Placement of Fish › Rule 12.7.1501 - GENERAL PURPOSE

Current through Register Vol. 13, July 5, 2024
(1) As determined
				by the department, these rules pertain to the department's response to the
				detection of a species of fish in public waters where the department has not
				authorized the presence of that species. These rules are intended to cover all
				placement of unauthorized species into the public waters, including from
				outside or inside the state through introduction or transplantation.
				Unauthorized species refers to any live fish found in public waters without
				authorization by the department.
(2) Unauthorized fish in public waters is of
				significant concern and is likely to have many adverse impacts, including but
				not limited to:
(a) adverse impacts on
				native, wild and stocked fish populations;
(b) potential to spread disease;
(c) degradation of water quality;
(d) degradation of aquatic habitat;
(e) increased fishery management
				costs;
(f) loss of angling
				opportunities and quality; and
(g)
				harm to local and regional tourism economies.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.15 - Unauthorized Placement of Fish › Rule 12.7.1502 - DEPARTMENT'S INITIAL RESPONSE AND ACTION PLAN

Current through Register Vol. 13, July 5, 2024
(1) The department shall begin an initial
				investigation within 30 days after the report of the presence of an
				unauthorized species in an attempt to confirm that an unauthorized placement
				has occurred and to estimate the distribution, abundance, age structure, and
				potential population expansion of the unauthorized species.
(2) The department shall prepare an action
				plan for responding to an unauthorized species. The action plan will identify
				the department's immediate and long-term management objectives for the
				unauthorized species and the management actions that may be implemented to
				achieve those objectives. The management objectives shall be based on a risk
				and feasibility assessment, with consideration for the following:
(a) the risk that the unauthorized species
				could expand into connected or nearby waters;
(b) the current distribution of the
				unauthorized species and the proximity of those populations to the new
				placement;
(c) the probability
				that the unauthorized species will survive and propagate;
(d) the impact that the unauthorized species
				might have on the existing fishery, especially threatened or endangered
				species, native species, game species, and important forage species;
(e) the immediate and long-term impacts that
				the unauthorized species might have on previously existing angling
				opportunities; and
(f) the
				immediate and long-term economic impacts that the unauthorized species might
				have on the department, the public, and the economy.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.15 - Unauthorized Placement of Fish › Rule 12.7.1503 - MANAGEMENT ACTIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				department's action plan for responding to a confirmed unauthorized species may
				include, as determined by the department, the following management actions for
				eradication or suppression:
(a) prohibit or
				discontinue stocking the water body if the presence of the unauthorized species
				reduces the effectiveness of the stocking effort;
(b) prohibit or discontinue stocking of any
				forage fish species that benefits the unauthorized species;
(c) modify angling regulations for the
				immediate and connected water bodies with unauthorized species including:
(i) liberalizing or removing daily angling
				limits;
(ii) enacting
				catch-and-release fishing;
(iii)
				extending or removing the angling season;
(iv) allowing capture methods other than hook
				and line;
(v) instituting
				mandatory catch-and-kill regulations; or
(vi) closing the water to all fishing.
(d) deny applications
				for fishing contests that target the unauthorized species, except in cases
				where the department determines the contest is an essential tool for
				suppression or eradication and requires that the contest has catch-and-kill
				rules;
(e) authorize commercial
				harvest or economic harvest incentives for the unauthorized species if
				statutory authority is provided and is prescribed by a management plan;
(f) implement physical control
				measures to reduce the population of unauthorized species, including:
(i) installation of fish barriers;
(ii) removal using chemical or mechanical
				methods;
(iii) netting spawning
				fish;
(iv) habitat manipulation
				(e.g., reservoir drawdown);
(v)
				removing illegal species when encountered incidental to other management or
				survey activities; or
(vi)
				disturbing spawning areas to reduce survival.
(g) implement angler harvest incentive
				programs.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.15 - Unauthorized Placement of Fish › Rule 12.7.1504 - ADAPTIVE MANAGEMENT APPROACH FOR UNAUTHORIZED SPECIES

Current through Register Vol. 13, July 5, 2024
(1) The department may amend its management
				objectives for a body of water if after a reasonable period of time the
				department concludes that:
(a) the management
				actions have succeeded and the department has accomplished the management
				objectives and that continued implementation of the existing action plan is no
				longer necessary; or
(b) the
				management actions have failed to accomplish the management objectives, and
				that continued implementation of the existing action plan is unlikely to
				accomplish the desired outcome.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.7 - FISHERIES DIVISION › Subchapter 12.7.15 - Unauthorized Placement of Fish › Rule 12.7.1505 - REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall maintain an electronic repository utilizing a standardized format to
				document the initial investigation and subsequent management actions taken in
				response to each unauthorized species.
(2) Documentation must include, but is not
				limited to:
(a) results of the department's
				initial investigation to confirm the presence of the unauthorized species and
				information collected on the distribution, abundance, age structure, and
				potential population expansion of the unauthorized species;
(b) the action plan for responding to the
				unauthorized species, including the management objectives and potential
				management actions;
(c) a summary
				of management actions taken to respond to the unauthorized species; and
(d) changes to any action plan
				taken under the adaptive management approach.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.1 - State Park System › Rule 12.8.101 - STATEMENT OF GENERAL CRITERIA (REPEALED)

Current through Register Vol. 13, July 5, 2024
23-1-102, MCA; IMP,
					 23-1-102,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.1 - State Park System › Rule 12.8.102 - STATE PARKS

Current through Register Vol. 13, July 5, 2024
(1) Purpose. To
				provide high-quality recreation experience distinctive and notable enough to
				attract people on a state, regional, or national basis.
(2) Description. Open-space areas of unique
				scenery or other outstanding natural features of an aesthetic, historical,
				geological, archaeological, or scientific nature. State parks will be selected
				on the basis of these inherent characteristics without regard to geographic
				location.
(3) Development and
				management. Development of roads and desirable facilities will be planned with
				precise and sensitive regard for all natural features and without impingement
				upon the visitors' aesthetic and intellectual sensibilities. Management will be
				directed toward retention of state parks in as near a natural condition as
				possible, without impairment of ecological features and values.
23-1-102, MCA; IMP,
					 23-1-102,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.1 - State Park System › Rule 12.8.103 - STATE RECREATION AREAS

Current through Register Vol. 13, July 5, 2024
(1) Purpose. To
				provide a broad selection of outdoor recreation opportunities in a natural
				setting which may be used by large numbers of people.
(2) Description. Contain natural or
				artificial resources which provide outdoor recreational opportunities which
				will attract visitors from beyond the local area. They may be located in areas
				which have serious deficiencies in public outdoor recreation facilities,
				provided that state recreation areas should not be furnished in lieu of
				municipal, county, or federal facilities.
(3) Development and management. Protection of
				the natural environment and aesthetic qualities should be paramount except
				development for intensive use may require alteration of the natural
				environment, although the aesthetic qualities of the areas will be retained to
				the greatest degree possible by careful planning and construction of
				facilities.
23-1-102, MCA; IMP,
					 23-1-102,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.1 - State Park System › Rule 12.8.104 - STATE MONUMENTS

Current through Register Vol. 13, July 5, 2024
(1) Purpose. To
				preserve, protect, and enhance objects, features, or places of historical,
				geological, archaeological, or scientific importance, including commemoration
				of outstanding persons or events.
(2) Description. Sites of optimum form and
				size for the protection and enhancement of the objects, features, or places
				concerned, including adequate space for parking, if appropriate, and other
				accommodations for anticipated day-use.
(3) Development and management. Standard
				facilities will be access, parking, sanitation, and water. Other service
				facilities may be added if required. Overnight camping will ordinarily not be
				allowed. Development may also include restoration of historical structures,
				etc., and installation of protective devices. Maximum benefit to visitors may
				be achieved by providing museums, outdoor dioramas, and other interpretive
				exhibits.
23-1-102, MCA; IMP,
					 23-1-102,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.1 - State Park System › Rule 12.8.105 - STATE RECREATIONAL WATERWAYS

Current through Register Vol. 13, July 5, 2024
(1)
				Purpose. To protect and enhance the natural and historical values of state
				waterways, and to provide opportunity for enjoyment of these values.
(2) Description. Rivers or streams, generally
				undeveloped, possessing outstanding scenery or important historical features
				and susceptible to increasingly heavy recreational use.
(3) Development and management.
				Accommodations for day-use, camping, floating, fishing, or other recreational
				activities will be provided. Public areas for lunch stops and overnight camping
				will be conveniently distributed along the course, allowing leisurely floats
				from one area to the next in four hours or less. Development will also include
				wells for drinking water where necessary. Management will primarily involve
				maintenance of public areas and identification of visitor sites and points of
				historical or geological interest.
23-1-102, MCA; IMP,
					 23-1-102,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.8 - PARKS DIVISION › Subchapter 12.8.1 - State Park System › Rule 12.8.106 - STATE RECREATION ROADS AND TRAILS

Current through Register Vol. 13, July 5, 2024
(1) Purpose. To
				control the use and development of certain Montana roads and trails whose
				scenic and cultural attributes are of high recreational value warranting formal
				protection.
(2) Description. Roads
				or trails along or through high-quality recreational resources where
				recreational opportunities are dispersed. The roads or trails may be under the
				control of a private person or other governmental agency or subdivision if
				there is no conflict in uses, such as a highway with relatively little
				traffic.
(3) Development and
				management. Basic user conveniences, informational signing, and access to
				adjacent recreational opportunities may be appropriately located along the road
				or trail. Natural environment and aesthetic qualities should be cautiously
				protected in designation of state recreation roads and trails.
23-1-102, MCA; IMP,
					 23-1-102,
					 MCA;