(a) Brown's Lake;

(b) Georgetown Lake;

(c) Deadman's Basin;

(d) Lake Frances;

(e) Bearpaw Lake;

(f) Beaver Creek Reservoir;

(g) Hauser Lake;

(h) Lake Helena; and

(i) Clark Canyon Reservoir.

(1) Users of fishing shelters on the following waters shall remove such shelters in their entirety from the ice each day after fishing:

(a) Brown's Lake

(b) Georgetown Lake

(c) Deadman's Basin

(d) Echo Lake

(e) Fitzpatrick Lake

(f) Helena Valley Regulating Reservoir.

(2) The owner of a fishing shelter shall remove the shelter from the area and from public property and properly dispose of it within seven days after the close of ice fishing season or within five days of receiving notification to remove. If there is no closure or removal notice or spring thaw precedes the closure date, a fishing shelter must be removed from the ice before being made irretrievable via over ice means and must be disposed of within seven days. 

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been repealed.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

(a) Porcupine Creek area: Starting at the confluence of Elkhorn Creek and the West Gallatin River, thence southeasterly up the ridge between Elkhorn Creek and the West Gallatin River to the Elkhorn-Buffalohorn Creeks divide, thence northeasterly along said divide to the Gallatin-Yellowstone Rivers divide, thence northerly along said divide to Eaglehead Mountain and the Portal-Porcupine Creeks divide, thence northwesterly along said divide to the Levinski-Porcupine Creeks divide, thence northwesterly along said divide to the West Gallatin River, thence southerly along said river to the confluence of Elkhorn Creek, the point of beginning.

(b) Exceptions to the above closure will be:

(i) Use of snowmobiles to cross this area will be permitted along a route designated and marked by the U.S. Forest Service with appropriate signs.

(A) The Porcupine route will follow Forest Service Trail #66, beginning at the Portal-Porcupine Creeks divide and proceeding southerly into the Porcupine Creek drainage. At approximately 3/4 mile north of the Porcupine bottom the route will bear to the east about one mile, crossing Porcupine Creek and then bearing southwest to its junction with Forest Service Trail #199, approximately one mile south of the Porcupine Creek bottom. The route will then proceed southerly along Forest Service Trail #199 to the south boundary of the closure, which is the divide between Elkhorn and Buffalohorn Creeks.

(ii) Forest Service Trail #34, beginning at the Porcupine guard cabin and proceeding southeasterly up Porcupine Creek to its junction with Forest Service Trail #199, and Trail #199 from this junction southeasterly approximately one mile to its junction with the Big Sky Snowmobile Trail, will be open to snowmobile use each year on a flexible schedule depending on the distribution and concentration of elk along the Porcupine Creek bottom. The opening date will be set and advertised each year by the Forest Service officer in charge of the area in coordination with the department.

(iii) The use of snowmobiles will be permitted on the area during any regular or special hunting season if so designated and directed by the commission.

(2) The lands owned or controlled by the commission lying within the following described boundaries shall be closed to trespass by snowmobiles, effective December 22, 1969.

(a) Tepee-Meadow Creek area: Beginning at the Yellowstone National Park boundary at the mouth of Monument Creek, thence southwesterly up said creek to Forest Service Trail #52, thence southwesterly along said trail to Trail #115, thence northwesterly along said trail to the center of section 24, township 9 south, range 4 east, thence due west approximately two mile to interception with Trail #113, thence northwesterly along said trail to Trail #11 in the Sage Creek bottom, thence due west approximately 3/4 mile to interception of Trail #1, thence southwest along said trail to its junction with the wire fence forming the north boundary of the Wapiti cattle allotment, thence northwesterly along said fence to the Wapiti road, thence northerly along said road to the Taylor Fork road, thence westerly along said road to the Cache Creek road, thence northwesterly along said road and trail to the Cache-Indian Creeks divide, thence northerly along said divide to the Buck-Dead Horse Creeks divide, thence easterly along said divide to the Buck-Meadow Creeks divide, thence along said divide to the Meadow-Cinnamon Creeks divide, thence southeasterly to the Taylor Fork-Gallatin River divide, thence northeasterly along said divide to the Gallatin River north of the Covered Wagon ranch, thence northerly along said river to the south ridge of Wilson Draw, thence southeasterly along said ridge to Grouse Mountain and the Wilson Draw-Tepee Creeks divide, thence northeasterly along said divide to the Tepee-Buffalohorn Creeks divide, thence easterly along said divide to the Daly-Buffalohorn Creeks divide and the Yellowstone National Park boundary, thence southerly and southeasterly along said boundary to the mouth of Monument Creek, the point of beginning.

(b) Exceptions to the above closure will be:

(i) Use of snowmobiles to cross this area will be permitted along a route designated and marked by the Forest Service with appropriate signs.

(A) This route will begin at the Tepee-Buffalohorn pass in section 31, township 8 south, range 5 east, thence southerly along Forest Service Trail #12 to U.S. Highway 191, thence northwesterly alongside said highway to the Taylor Fork road, thence westerly along said road to the Wapiti road, thence southerly along said road to the Carrot Basin (Little Wapiti) oil road, thence southeasterly along said road to its junction with the wire fence forming the north boundary of the Wapiti cattle allotment, this being the south boundary of the closed area.

(ii) The use of snowmobiles will be permitted on the area during any regular or special hunting season if so designated and directed by the commission.

(2) Sound pressure levels in decibels shall be measured on "A" scale of a sound level meter having characteristics defined by current American National Standards Association Sl, 4-1966 "general purpose sound meter." Measurements shall be made in accordance with applicable practices outlined in "Exterior Sound Levels for Snowmobiles -SAE J192" or the procedure set forth in exhibit "A" attached hereto and hereby made a part hereof.

(3) Manufacturer's certification required by 23-2-634 , MCA, shall be evidenced by a label permanently affixed to the exterior portion of the snowmobile chassis. The label shall be in the following form: "This vehicle was manufactured by (name of company), (address of company), and conforms to all applicable federal and state requirements in effect on the date of its manufacture VIN # , date manufactured .

(4) Exhibit "A" is entitled "Procedures for the Field Measurement of Snowmobile Noise Pursuant to 23-2-634 , MCA".

(a) A site suitable for making noise measurements for purposes of enforcing these regulations shall consist of a flat open space free of large reflecting surfaces such as signboards, buildings, or hillsides located within 50 feet of either the vehicle or the microphone.

(b) The surface of the ground within the measurement area shall be covered with snow.

(c) The ambient sound level (including wind effects) due to sources other than the vehicle being measured shall be at least ten dbA lower than the level of the tested vehicle.

(d) The sound level meter shall be set for "fast" response and for the "A" scale network. If the meter is equipped with "hold" it may be used. ("Impulse" may not be used.)

(e) The meter shall be observed while the vehicle is accelerating. The applicable reading shall be the highest sound level obtained for the run, ignoring unrelated peaks due to extraneous ambient noises.

(f) The meter shall be calibrated daily, using either internal or external calibration techniques as specified by instrument instructions.

(g) Instrument manufacturer's specifications for orientation of the microphone relative to the source of sound and the location of the observer relative to the meter should be adhered to.

(h) It is recommended that measurements be made only when wind velocity is below 12 mph.

(i) An additional five dbA allowance over the sound level limit is recommended to provide for variations in measurement site, vehicle operation temperature, humidity, and wind velocity.

(j) Technically trained personnel should be consulted in the selection of equipment and all measurements shall be conducted only by qualified persons trained in the current techniques of sound measurement.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

This rule has been repealed.

This rule has been transferred.

This rule has been repealed.

This rule has been transferred.

This rule has been transferred.

This rule has been transferred.

(1) At the request of a department game warden, it is required to return to the kill site of any game animal, game bird, wolf, or furbearer that has been hunted or trapped.

(1) Two-way electronic communication includes, but is not limited to, the 

following:

(a) radios (walkie-talkies/CB);

(b) cell phones;

(c) text messages; and

(d) the use of social media or other electronic platforms, applications, or programs.

(2) The use of two-way electronic communication is prohibited:

(a) while in the act of hunting game animals or wolves to aid in the taking or locating of live animals;

(b) while in the act of hunting mountain lions or bobcats with dogs, beginning when the dogs are placed or physically released on tracks or a scent trail;

(c) to avoid game check stations or FWP enforcement personnel; and

(d) to facilitate unlawful hunting activity.

(3) The use of two-way electronic communication for the use of safety or other legitimate purposes is exempt.

(1)  The commission has determined the following states have documented occurrences of Chronic Wasting Disease: 

(a)  Arkansas; 

(b)  Colorado;

(c)  Illinois;

(d)  Iowa;

(e)  Kansas;

(f)  Maryland;

(g)  Minnesota;

(h)  Mississippi;

(i)  Missouri;

(j)  Montana;

(k)  Nebraska;

(l)  New Mexico;

(m)  New York;

(n)  North Dakota;

(o)  Ohio;

(p)  Oklahoma;

(q)  Pennsylvania;

(r)  South Dakota;

(s)  Tennessee;

(t)  Texas;

(u)  Utah;

(v)  Virginia;

(w)  West Virginia;

(x)  Wisconsin; and

(y)  Wyoming.

(2)  The commission has determined the following Canadian provinces have

documented occurrences of Chronic Wasting Disease:

(a)  Alberta;

(b)  Quebec; and

(c)  Saskatchewan.

(1)  The commission recognizes that the criteria in 87-6-221(2), MCA are met by the standards of the Archery Trade Association (ATA) and the Responsible Hunting Scent Association (RHSA).  Urine from any approved ATA/RHSA facility is allowed, so long as the ATA/RHSA requirements continue to meet the standard in 87-6-221(2), MCA.  Products which meet the ATA/RHSA requirements are designated with an ATA/RHSA marking indicating ATA/RHSA approval on the product packaging for identification by the consumer.

(1)  Pursuant to 87-6-101, MCA, urine-based and natural glandular scents are approved by the commission for the purposes of attracting game animals and game birds if the scents: 

(a)  originate from a state or province not listed in ARM 12.6.1015; or 

(b)  originate from a facility which is approved by the commission under ARM 12.6.1016 and display the required marks on the product packaging.

(2)  Artificial scents and Responsible Hunting Scent Association-approved natural glandular scents may be used by hunters to attract game animals, except black bears, by spraying or pouring the scent on the ground or other objects.

For purposes of this subchapter, the following definitions apply:

(1) "Bred in captivity" or "captive-bred" means raptors, including eggs, hatched in captivity from parents that mated or otherwise transferred gametes in captivity.

(2) "Commission" means the Fish, Wildlife and Parks Commission provided for in 2-15-3402, MCA.

(3) "Department" means the Department of Fish, Wildlife and Parks provided for in 2-15-3401, MCA.

(4) "Director" means the director of Fish, Wildlife and Parks provided for in 2-15-3401, MCA.

(5) "Falconry" means caring for, training, and transporting raptors for the pursuit of wild game and the hunting of wild game with raptors. Falconry includes the taking of raptors from the wild.

(6) "Hacking" means the temporary release of a raptor held for falconry to the wild so that it must survive on its own.

(7) "Hybrid" means the offspring of birds listed as two or more distinct species in 50 C.F.R. 10.13 of subchapter B or offspring of birds recognized by ornithological authorities as two or more distinct species listed in 50 C.F.R. 10.13 subchapter B.

(8) "Imprint" means a bird that is hand raised in isolation from the sight of other raptors from two weeks of age until it is fully feathered.

(9) "Livestock depredation area" means a specific geographic location in which depredation by golden eagles has been recognized. The boundaries and duration of a livestock depredation area are declared by USDA Wildlife Services or by a state governor.

(10) "Raptor" means all birds of the order Falconiformes and Strigiformes, commonly called falcons, hawks, eagles, ospreys, and owls. The following raptors shall not be used for falconry:

(a) those raptors listed in 87-5-205, MCA; and

(b) those raptors listed in 50 C.F.R. part 17 as endangered or threatened.

(11) "Service" means the Fish and Wildlife Service, U.S. Department of Interior.

(12) "Sponsor" means a master or general falconer with a valid permit who is at least 18 years old and has at least two years experience at the general falconer level.

(13) "Warden" means a Montana fish, wildlife and parks game warden.

This rule has been repealed.

The department issues three classes of permits.

(1) An apprentice permittee:

(a) must be at least 12 years old;

(b) if under 18 years of age, a parent or legal guardian, who is legally responsible for falconry activities, must sign the application;

(c) must have a sponsor who holds a general or master falconry permit for the first two years in which an apprentice permit is held, regardless of age of permittee. A sponsor may not have more than three apprentices at any one time;

(d) may possess only one raptor as described in 50 C.F.R. 21.29 (c)(3)(i)(E) and may not take more than two raptors from the wild during any calendar year;

(e) does not need to capture a wild raptor; a wild raptor can be transferred to the permittee by another falconry permittee. If the apprentice permittee takes a raptor from the wild, it must be less than one year of age;

(f) may not possess a raptor taken from the wild as a nestling;

(g) may not possess a bird that is imprinted on humans; and

(h) must have the raptor facilities pass inspection before a permit may be granted.

(2) A general class permittee:

(a) must be at least 16 years old;

(b) if under 18 years of age, a parent or legal guardian, who is legally responsible for falconry activities, must sign the application;

(c) must submit documentation from a sponsor to the department stating that the permittee has practiced falconry at the apprentice falconer level or equivalent for at least two years, including maintaining, training, flying, and hunting raptors for at least four months in each year. That practice may include capture and release of falconry raptors.

(d) must possess and train or hunt with a raptor for portions of at least two seasons in the practice of falconry at the apprentice level and must be recommended by the sponsor;

(e) may possess up to three raptors and shall not take more than two raptors from the wild during any calendar year;

(f) may take and possess any species of Falconiform or Strigiform except a golden eagle, a bald eagle, a white-tailed eagle, or a Steller's sea-eagle; and

(g) may use captive-bred raptors and hybrids of the species permitted to possess. 

(3) A master class permittee:

(a) must have at least five years of experience in the practice of falconry at the general class level;

(b) may possess any number of captive-bred birds or hybrids of species considered native to North America provided they are used for the sport of falconry;

(c) shall not possess more than five wild raptors and may not take more than two raptors from the wild during any calendar year;

(d) may not take from the wild any species listed as endangered in 50 C.F.R. 17.11, but may transport, or possess such species in accordance with said regulations;

(e) may take and possess any species of Falconiform or Strigiform except a

bald eagle;

(f) may take and possess a golden eagle, a white-tailed eagle, or a Steller's sea eagle only if meeting the qualifications set forth under (3)(h)(i);

(g) shall not take from the wild in any calendar year, as a part of the five-bird limitation, more than one raptor listed as threatened in 50 C.F.R. 17.11, and then only in accordance with those regulations; and

(h) may possess up to three eagles of the following species: golden eagle, white-tailed eagle, or Steller's sea eagle. The department must document the following before approving a request to possess an eagle to use in falconry:

(i) experience in handling large raptors, including information about species handled and the type and duration of the activity where the experience was gained; and

(ii) at least two letters of reference from people with experience handling and/or flying large raptors such as eagles, ferruginous hawks (Buteo regalis), goshawks (Accipiter gentilis), or great horned owls (Bubo virginianus). Each must contain a concise history of the author's experience with large raptors, which can include, but is not limited to, handling of raptors held by zoos, rehabilitating large raptors, or scientific studies involving large raptors. Each letter must also assess the applicant's ability to care for eagles and fly them in falconry.

This rule has been repealed.

This rule has been repealed.

(1) A permittee must have jesses or the materials and equipment to make them, leash and swivel, bath container, and appropriate scales or balances, capable of weighing to the gram or half ounce, in the permittee's possession.

This rule has been repealed.

This rule has been repealed.

(1) Before an applicant is issued an apprentice permit he or she must correctly answer at least 80 percent of the questions on an examination administered by the department.

(2) The examination must cover care and handling of falconry raptors, federal and state laws and regulations relevant to falconry, and other appropriate subject matter.

(3) Any applicant failing to score 80 percent will only be allowed to retake the written examination at 30-day intervals. Applicants may not take the examination more than three times in one calendar year.

This rule has been repealed.

This rule has been repealed.

(1) A permittee may not intentionally capture a raptor species that their classification as a falconer does not allow them to possess. If a permittee captures such a bird, it must be released immediately.

(2) A resident falconer may take no more than two raptors from the wild each calendar year to use in falconry. Nonresident falconers must possess a valid state permit for take of raptors from the wild.

(a) Take of peregrine falcons from the wild is limited to time periods specified by annual rules. Take is limited to permittees who have received a peregrine take permit from the department and the conditions associated with that permit.

(b) Transfer of a bird taken from the wild to another permittee in the same calendar year of capture will count as one of the raptors allowed to be taken from the wild that year for the permittee who captured the bird. It will not count as a capture by the recipient, though it will always be considered a wild bird.

(c) A general or master falconer may remove nestlings from a nest or aerie.

(d) Raptors may not be taken at any time or in any manner that violates any law of the state, tribe, or agency on whose land a permittee is trapping.

(e) A raptor taken from the wild must be reported by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department. Reporting must be done at the first opportunity to do so, but no later than ten days after the capture of the bird.

(f) If a permittee who intends to possess a bird is present at the capture site, he or she is considered the person who removes the bird from the wild and is responsible for filing a 3-186A form or by submitting the information electronically as authorized by the department reporting take of the bird from the wild even if another person captures the bird for the permittee.

(g) If a permittee is not at the immediate location where the bird is taken from the wild, the person who removes the bird from the wild must be a general or master falconer, and must report take of the bird. If that person then transfers the bird to the permittee, both must file 3-186A forms or submit the information electronically as authorized by the department reporting the transaction at the first opportunity to do so, but no later than ten days after the transfer. The bird will count as one of the two raptors the person who took it from the wild is allowed to capture in any year. The bird will not count as a bird the permittee took from the wild. The person who takes the bird from the wild must report the take even if he or she promptly transfers the bird to the permittee.

(h) If a permittee has a long-term or permanent physical impairment that prevents the permittee from attending the capture of a species for falconry, a general or master falconer may capture a bird for the permittee. The permittee is then responsible for filing a 3-186A form or by submitting the information electronically as authorized by the department reporting the take of the bird from the wild and the bird will count against the take of wild raptors that the permittee is allowed in any year.

(3) Other restrictions on taking raptors from the wild for falconry:

(a) A general or master falconer may take raptors less than one year of age from the wild. However, an American kestrel or great horned owl of any age may be taken from the wild.

(b) A master falconer authorized to possess golden eagles for use in falconry, may capture an immature or subadult golden eagle in a livestock or wildlife depredation area during the time the depredation area is in effect and only in compliance with regulations contained in 50 C.F.R. 21.29(e)(3)(iii).

(c) Recapture of a lost falconry bird can be done at anytime. Recapture of a wild bird is not considered to be taking a bird from the wild.

(d) Recapture of a raptor wearing falconry equipment or a captive-bred bird may be done at any time even if possession of that species is not allowed. The recaptured bird will not count against possession limit or the take from the wild limit. Recapture of the bird must be reported to the department no more than five working days after the recapture. The bird must be returned to the person who lost it, if that person may legally possess it. Disposition of a bird whose legal possession cannot be determined will be at the discretion of the department.

(e) A bird banded with a Federal Bird Banding Laboratory aluminum band may be taken from the wild except a banded peregrine falcon.

(f) At least one young must be left in the nest or aerie when taking a nestling.

(g) An apprentice falconer may not take a nestling from the wild.

(h) A general or master falconer with a valid federal endangered species permit and an endangered species permit from the department may take no more than one bird of a threatened species from the wild each year if the regulations in 50 C.F.R.21.17 allow it.

(4) If a raptor is injured due to falconer trapping efforts, there are two options for dealing with the injured bird:

(a) The bird may be reported as take by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department at the first opportunity to do so, but no more than ten days after capture of the bird. The bird must be treated by a veterinarian or a permitted wildlife rehabilitator and the bird will count against the permittee's possession limit.

(b) The bird may be given directly to a veterinarian, a permitted wildlife rehabilitator, or an appropriate wildlife agency employee. It will not count against the permittee's allowed take or the number of raptors possessed.

(5) If a permittee acquires a raptor; transfers, rebands, or microchips a raptor; if a raptor is stolen; if a raptor is lost to the wild and not recovered within 30 days; or if a bird for falconry dies, the permittee must report the change within ten days by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department.

(6) If a raptor is stolen, the theft must be reported to the department and to the fish and wildlife service regional law enforcement within ten days of the theft of the bird.

(7) A raptor of any age may be acquired directly from a rehabilitator at the discretion of the rehabilitator. A bird acquired from a rehabilitator:

(a) Must be reported within ten days of the transaction by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department; and

(b) Will count as one of the raptors the permittee is allowed to take from the wild that calendar year.  

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) A permittee may possess flight feathers for each species of raptor currently or previously in possession for the purpose of replacing a damaged feather with a molted feather (imping). Feathers for imping may be received from other permitted falconers, wildlife rehabilitators, or propagators in the United States. Feathers may not be bought, sold, or bartered.

(2) Feathers from a falconry bird, other than those from a golden eagle, may be donated to any person or institution with a valid permit to have them or to any person exempt from the permit requirement under 50 C.F.R. 21.12.

(3) Except for primary or secondary flight feathers or retrices from a golden eagle, feathers that are molted or otherwise lost by a falconry bird are not required to be gathered. Feathers can be left where they fall, stored for imping, or destroyed. Molted flight feathers and retrices from a golden eagle must be collected for imping or sent to the National Eagle Repository at the following address: U.S. Fish and Wildlife Service, National Eagle Repository, Rocky Mountain Arsenal Building 128, Commerce City, Colorado 80022. The telephone number at the repository is 303-287-2110.

(4) If a permit expires or is revoked, all feathers of any species of falconry raptor, except a golden eagle, may be donated to any person or any institute exempt from the permit requirement under 50 C.F.R. 21.12 or authorized by permit to acquire and possess the feathers. Any feathers not donated must be burned or destroyed. Feathers from a golden eagle must be sent to the National Eagle Repository.

This rule has been repealed.

(1) Falconry birds, facilities, equipment, and records may be inspected only in the presence of the permittee during normal business hours on any day of the week by department officials.

(1) The director may issue falconry permits in response to applications received on forms provided by the department, provided an applicant meets the requirements and otherwise complies with the provisions of this rule.

(a) Permits are valid for a period of three years or portion thereof, and shall expire on the date designated on the face of the permit unless amended or revoked. Permits are renewable.

(b) Only a person who is a resident of Montana as defined in section 87-2-102, MCA may apply for a permit under this rule.

(c) Applicants shall submit payment of a $125 state permit fee with the application.

(d) Upon program certification by the service, a first-time apprentice falconer permit will be issued for a reduced fee of $50. That first-time permit application fee must be submitted prior to taking the falconry examination.

(2) The department may reinstate a lapsed falconry permit.

(a) If a permit has lapsed for fewer than five years, it may be reinstated at the level previously held if proof of certification at that level can be provided.

(b) If a permit has lapsed for five years or longer, an examination administered by the department must be taken and passed with a score of at least 80 percent to have a permit reinstated at the level previously held. Falconry facilities must also pass state inspection before a falconry bird may be possessed.

(3) The department will recognize valid falconry permits from other states while an individual is in the process of moving to Montana. Within 120 days of moving to Montana, the department must inspect falconry facilities. Once the department residency requirements are satisfied, the department will recognize time spent practicing falconry in other service-approved states and will grant permits at the same class as permits previously held.

(4) The department may grant new residents to the United States with experience in falconry a permit to practice falconry in Montana and allow them to possess a raptor for use in falconry at an appropriate level after:

(a) taking and passing the falconry examination with at least an 80 percent score to demonstrate knowledge of falconry laws and regulations;

(b) providing documentation of experience with falconry in the applicant's country of origin;

(c) construction and inspection of falconry facilities determined by the department to be in compliance with ARM 12.6.1122; and

(d) a determination by the department of the appropriate level of falconry for which the applicant is qualified.

(5) A falconer must have permits or legible copies of them in their possession if they are not at the location of their falconry facilities and are trapping, transporting, working with, or flying falconry raptors.

This rule has been repealed.

(1) Permittees must keep all raptors held under their falconry permit in humane and healthful conditions.

(2) Whether indoors (mews) or outdoors (weathering area), raptor facilities must protect raptors from the environment, predators, and domestic animals. Permittees are responsible for the maintenance, security, and protection of raptors they possess under a permit.

(3) Permittees must have raptor housing facilities approved by the department before obtaining a bird to use in falconry. The department requires that the permittee have either an indoor or outdoor facility or both. A representative of the department, or its designee, must certify that facilities and equipment meet the following standards:

(a) All facilities must protect raptors from predators and domestic animals.

(b) The facility must have a suitable perch for each raptor, at least one opening for sunlight, and must provide a healthy environment for raptors.

(c) Untethered raptors may be housed together if they are compatible with each other.

(d) Each raptor must have an area large enough to allow it to fly if it is untethered or, if tethered, to fully extend its wings or bate (attempt to fly while tethered) without damaging its feathers or contacting other raptors.

(e) In most cases, each raptor should have a pan of clean water available. However, at the discretion of the permittee, this requirement is waived if weather conditions, the perch type used, or some other factor makes it inadvisable to have water available to the raptor.

(f) An indoor facility must be large enough to allow easy access for the care and feeding of raptors.

(i) If raptors are not tethered, all walls that are not solid must be protected on the inside. Suitable materials may include vertical bars spaced narrower than the width of the body of the smallest raptor housed in the enclosure. However, heavy-duty netting or other such materials may be used to cover the walls or roof of the enclosure.

(ii) Acceptable indoor facilities include shelf perch enclosures where raptors are tethered side by side. Other innovative housing systems are acceptable if they provide the enclosed raptors with protection and maintain healthy feathers.

(g) A falconry raptor or raptors may be kept inside the permittee's place of residence if a suitable perch or perches are provided. If raptors are housed inside the home, windows or other openings of the structure do not need to be modified. Raptors kept in the home must be tethered when they are not being moved in or out of the location in which they are kept.

(h) An outdoor facility must be totally enclosed, and may be made of heavy-gauge wire, heavy-duty plastic mesh, slats, pipe, wood, or other suitable material.

(i) The facility must be covered and have at least a covered perch to protect a raptor from predators and weather.

(ii) The facility must be large enough to ensure that the birds cannot strike the enclosure when flying from the perch.

(4) Falconry raptors may be kept outside in the open if they are under watch, such as by the permittee or a family member at any location or, for example, by a designated individual in a weathering yard at a falconry meet.

(5) A permittee must inform the department within five business days if there is a change in the location of their facilities.

(6) Falconry facilities on property not owned by the permittee:

(a) must meet the standards in this rule; and

(b) the permittee must submit to the department a signed and dated statement showing that the permittee and the property owner agree that the falconry facilities, equipment, and raptors may be inspected without advance notice by the department at any reasonable time of day. Inspections must be in the presence of the permittee.

(1) No permittee may take, purchase, receive, or otherwise acquire, sell, barter, transfer, or otherwise dispose of any raptor unless the permittee submits a federal form 3-186A (Migratory Bird Acquisition/Disposition Report) or similar state form, completed in accordance with the instructions on the form to the department within ten calendar days of any transaction.

(2) No raptor may be possessed under authority of a falconry permit unless the permittee has a properly completed form 3-186A for each bird possessed. A copy of form 3-186A for each raptor shall accompany the permit and be available for inspection by appropriate department representatives while the permittee is involved in permitted activities.

(1) If a goshawk (Accipiter gentiles), Harris's hawk (Parabuteo unicinctus), peregrine falcon (Falco peregrinus), or gyrfalcon (Falco rusticolus) is taken from the wild, acquired from a rehabilitator, or from another falconer, the raptor must be banded with a permanent, nonreusable, numbered service leg band provided by the department. An International Organization for Standardization (ISO) compliant (134.2 kHz) microchip may be purchased and implanted in the bird in addition to a band. Contact the department for information on obtaining and disposing of bands. Within ten days from the day on which the raptor is taken from the wild, it must be reported, including band number and/or microchip information, by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department. An appropriate band may be requested from the department in advance of any effort to capture a raptor.

(2) A raptor bred in captivity must be banded with a seamless metal band, in accordance with 50 C.F.R. 21.30. It also may have an implanted ISO-compliant (134.2 kHz) microchip. If a seamless band is removed or lost, a request for a replacement service nonreuseable band must be requested from the department and the required information must be reported immediately upon rebanding or microchipping the raptor by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department. A band that is removed or lost, must be replaced or an ISO-compliant (134.2 kHz) microchip must be implanted in the bird and the microchip information reported by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized.

(3) If the band must be removed or is lost from a raptor, the loss of the band must be reported within five days, and then the permittee must do at least one of the following:

(a) request a service nonreusable band from the department and submit the required information immediately upon rebanding the raptor by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department; or

(b) purchase and implant an ISO-compliant (134.2 kHz) microchip in the bird and report the microchip information by submitting a 3-186A form to the department or by submitting the information electronically as authorized by the department.

(4) A band must not be altered, defaced, or counterfeit. The rear tab of a band on a raptor taken from the wild may be removed and an imperfect surface may be smoothed if the integrity of the band or the numbering is not affected. 

(5) The department may provide an exemption if health or injury problems caused by the band are documented. A copy of the exemption paperwork must be kept by the permittee when transporting or flying the raptor. If the bird is a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon, the band must be replaced with an ISO-compliant microchip that the service will supply to the department. The service will not provide a microchip for a wild goshawk, Harris's hawk, peregrine falcon, or gyrfalcon unless it has been demonstrated that a band causes an injury or a health problem for the bird.

(6) A raptor removed from the wild may not be banded with a seamless numbered band.

(7) Copies of all electronic database submissions documenting take, transfer, loss, rebanding, or microchipping of each falconry raptor must be kept until five years after the bird has been transferred, lost, or died.

(1) A raptor may be housed temporarily for up to 120 consecutive calendar days if the bird has a suitable perch and is protected from predators, domestic animals, extreme temperatures, wind, and excessive disturbance.

(2) A permittee's raptor may be cared for by another falconry permittee for up to 120 consecutive calendar days. The permittee caring for the raptor must have a signed and dated statement authorizing temporary possession, plus a copy of form 3-186A showing the permit under which the bird is held. The statement must include information about the time period of care and the allowable activities to be done with the bird.

(3) The raptors will remain on the original falconry permit and will not be counted against the possession limit of the person caring for the raptors.

(4) If the person caring for the raptors holds the appropriate level falconry permit, the raptors may be flown in an authorized manner, including hunting.

(5) The temporary care of the raptors may be extended indefinitely in extenuating circumstances, such as illness, military service, or for a family emergency. The department will consider such instances on a case-by-case basis.

(6) Someone who does not have a falconry permit may care for falconry birds at the permittee's facilities for up to 45 consecutive calendar days.

(a) The raptors will remain on the falconry permit;

(b) the raptors must remain in the facilities;

(c) this care may be extended indefinitely in extenuating circumstances, such as illness, military service, or for a family emergency; and

(d) the person(s) caring for the raptors may not fly them for any reason.

(1) Wild raptors held by a permittee may be permanently transferred to a resident authorized to possess raptors for falconry purposes provided:

(a) the permittees submit a federal form 3-186A or submit the information electronically as authorized by the department;

(b) no money, barter or any other consideration is involved in the transfer.

(2) Wild raptors held by a permittee may be permanently transferred to a nonresident authorized to possess raptors for falconry purposes provided:

(a) the permittees submit a federal form 3-186A or submit the information electronically as authorized by the department;

(b) an export permit has been issued by the department in advance of export from the state; and

(c) no money, barter, or any other consideration is involved in the transfer. The species and number of raptors transferred, held, or replaced is limited in accordance with the permit classes section of this regulation.

(3) Captive-bred raptors held by a permittee may be permanently transferred to residents or nonresidents authorized to possess raptors, provided the permittees submit a federal form 3-186A or submit the information electronically as authorized by the department in accordance with the reporting requirements of ARM 12.6.1103.

(1) Holders of Montana falconry permits may temporarily remove raptors from Montana and return them to the state, provided all necessary permits or licenses are obtained from the states or other legal authority into which the raptors are transported.

(2) A falconer may transport a raptor if a suitable perch and protection from extreme temperatures, wind, and excessive disturbance are provided. A "giant hood" or similar container is acceptable for transporting or housing a raptor.

(1) A permittee:

(a) may sell, purchase, or barter, or offer to sell, purchase, or barter captive-bred raptors marked with seamless bands or ISO compliant microchips to other permittees who are authorized to possess the raptors.

(b) may not purchase, sell, trade, or barter wild raptors. Wild raptors may only be transferred.

(1) A raptor not native to Montana or a hybrid raptor may not be released into the wild, but may be transferred to another falconry permittee.

(2) A permittee must have permission from the department to release a captive-bred raptor that is a native species to Montana.

(a) The raptor must be hacked to the wild at an appropriate time of year and location; 

(b) the falconry band must be removed; and

(c) the release must be reported by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department.

(3) A raptor taken from the wild that is a native species to Montana may be released.

(a) The raptor must be released to the wild at an appropriate time of year and location;

(b) the falconry band must be removed; and

(c) the release must be reported by submitting a paper form 3-186A to the department or by submitting the information electronically as authorized by the department.

(4) Hybrid raptors may not be permanently released to the wild.

(a) may allow the falconry bird to feed on the animal;

(b) may not take possession of the animal; and

(c) must report take of any federally listed threatened or endangered species to the service field office in which the kill occurred.

(1) Under some circumstances a permittee may transfer a raptor to another permit type if the recipient of the bird, including the permittee, possesses the necessary permits for the other activity.

(2) A permittee may transfer a wild-caught falconry bird to a raptor propagation permit after the bird has been used in falconry for at least two years, except one year for a sharp-shinned hawk, a Cooper's hawk, a merlin, or an American kestrel. Upon transfer, a copy of form 3-186A documenting acquisition of the bird by the propagator must be provided to the federal migratory bird permit office that administers the propagation permit. The bird must be banded with a permanent, nonreusable, numbered band issued by the department.

(3) Raptors held under a falconry permit may be used for captive propagation if the person overseeing the propagation has the necessary propagation permits. The raptor does not need to be transferred from the falconry permit if it is used for fewer than eight months in a year in captive propagation. If used more than eight months, the bird must be permanently transferred to the propagation permit. The bird must then be banded with a permanent, nonreusable, numbered band issued by the department.

(4) A permittee may transfer a wild-caught bird to another permit type in less than two years, except one year for a sharp-shinned hawk, a Cooper's hawk, a merlin, or an American kestrel if the bird has been injured and a veterinarian or permitted wildlife rehabilitator has determined that the bird can no longer be flown for falconry.

(a) When the bird is transferred, a copy of form 3-186A documenting acquisition of the bird must be provided to the federal migratory bird permit office that administers the other permit type; and

(b) a copy of the certification from the veterinarian or rehabilitator that the bird is not useable in falconry must be provided to the federal migratory bird permits office that administers the other permit type.

(5) Captive-bred falconry raptors may be transferred to another type of permit if the holder of the other permit type is authorized to possess the bird. Within ten days, the transfer must be reported by submitting a standard paper form 3-186A to the department.

(2) The body or feathers of any other species of falconry raptor may be donated to any person or institution exempt under 50 C.F.R. 21.12 or authorized by permit to acquire and possess such parts or feathers.

(3) If a falconry bird was banded or microchipped prior to its death, a permittee who possessed the bird may keep the body of any falconry raptor except that of a golden eagle. The permittee may keep the body so that the feathers are available for imping or may have the body mounted by a taxidermist. The permittee may use the mount in giving conservation education programs. If the bird was banded, the band must be left on the body. If the bird has an implanted microchip, the microchip must be left in place.

(4) If a permittee does not wish to donate or keep the body or feathers, the body must be burned, buried, or otherwise destroyed within ten days of the death of the bird or after final examination by a veterinarian to determine cause of death. Carcasses of euthanized raptors could pose a risk of secondary poisoning of eagles and other scavengers. Appropriate precautions must be taken to avoid such poisonings.

(5) If a permittee does not donate the bird body or feathers or have the body mounted by a taxidermist, the flight feathers may be possessed from the bird for as long as the permittee has a valid falconry permit. The permittee may not buy, sell, or barter the feathers and must keep the paperwork documenting acquisition of the bird.

(1) A general or master falconer may use a bird in conservation education programs presented in public venues.

(a) A federal education permit is not needed to conduct conservation education activities using a falconry raptor.

(b) An apprentice falconer may present conservation programs under the supervision of a general or master falconer.

(c) The bird must be used primarily for falconry.

(d) A fee may be charged for the presentation of a conservation education program. The fee may not exceed the amount required to recoup the costs of the presentation.

(e) Conservation education programs must provide information about the biology, ecological roles, and conservation needs of raptors and other migratory birds, although not all of these topics must be addressed in every presentation. Falconry birds may not be used for presentations that do not address falconry and conservation education.

(f) The permittee is responsible for all liability associated with conservation education activities.

(2) Photography, filming, or other such uses of falconry raptors to make movies or other sources of information on the practice of falconry or on the biology, ecological roles, and conservation needs of raptors and other migratory birds, is allowable. The permittee may not be paid for these activities.

(a) Falconry raptors may not be used to make movies, commercials, or in other commercial ventures that are not related to falconry.

(b) Falconry raptors may not be used for entertainment; for advertisements; promotion or endorsement of any products, merchandise, goods or services; as a representation of any business, company, corporation, or other organization; or for promotion or endorsement of any products, merchandise, goods, services, meetings, or fairs, except for products related directly to falconry, such as hoods, telemetry equipment, giant hoods, perches, and materials for raptor facilities.

(3) A general or master falconer may assist a permitted migratory bird rehabilitator to condition raptors in preparation for release to the wild. A rehabilitating bird may be kept at the falconer's facilities.

(a) The rehabilitator must provide a letter or form that identifies the bird and explains that the falconer is assisting in the raptor's rehabilitation.

(b) The falconer's facilities do not need to meet the standards and are not subject to inspection for compliance of the standards of a rehabilitator facility.

(c) A raptor possessed for the purpose of rehabilitation does not need to be added to the falconry permit. It will remain under the permit of the rehabilitator.

(d) If a raptor cannot be permanently released to the wild, it must be returned to the rehabilitator within 180 days unless the department authorizes an extension or the raptor is transferred to another permit.

(e) All raptors able to be released into wild must be released or returned to the rehabilitator for release.

(4) A master falconer may conduct abatement activities with a bird or birds possessed for falconry, with a special purpose abatement permit. With a special purpose abatement permit, payment may be received for providing abatement services. A general falconer may conduct abatement activities only as a subpermittee of the holder of the abatement permit.

(1) Three take permits for each species of raptor allowed to be removed from the wild will be available to nonresidents through a drawing.

(2) Nonresidents may only possess one take permit.

(3) Nonresidents applying for a take permit must submit to the department by March 15:

(a) a completed application;

(b) a $5 application fee; and

(c) a copy of their valid federal or state falconry license.

(4) Upon notification, successful applicants may purchase a nonresident take permit for $200. The permit must be purchased by May 1 or will be made available to other applicants.

(5) Permits are valid from June 1 through March 31 and only for the species specified on the permit.

(6) Nonresidents must comply with the reporting requirements of ARM 12.6.1123.

(a) pheasant,

(b) quail,

(c) chukar partridge,

(d) turkey,

(e) Hungarian partridge.

(2) Other species that may be added to the list in subsection (1) shall be limited to artificially propagated species of birds that are indigenous to Montana, or have established a permanent population in Montana and are found in the wild. Such species may be added only by an amendment of this rule adopted in accordance with the Montana Administrative Procedure Act.

(1) The license period for shooting preserves is July 1 through June 30.

(2) Applications, renewals, and expansion requests for a shooting preserve license must be submitted on a form provided by the department.

(3) Applications, renewals, and expansion requests for a shooting preserve license are to be postmarked no later than July 1. Applications, renewals, and expansion requests postmarked after July 1 will not be considered until the following license period.

(4) Any shooting preserve that is not renewed by July 1 will be considered to have lapsed and is subject to the provisions of a new license application.

(2) All permits issued under the provision of section 87-4-803 , MCA, shall be framed and publicly displayed at roadside menageries covered by said permit. A copy of these roadside zoo regulations must be prominently displayed for public information.

(2) All such cages and enclosures shall be of sufficient size and height to give the animals so confined ample space for exercise and to avoid overcrowding or escape. Each cage or enclosure shall be provided with a weatherproof den, nest box, rest board, perch, or shelter, and such bedding as may be required for the comfort of the species of animals, reptiles, birds, etc., so held in captivity and to protect them against inclement weather. A suitable shield for protection against the hot rays of sun shall also be provided. Where the natural climate of the species of animal being held differs from the climate of the area where the menagerie is located, provisions must be made to adjust holding conditions to the natural habitat.

(3) An effective barrier, well supported, shall be constructed around cages or enclosures on the side or sides where the public may approach them to safeguard the public and the animals from injury. Such cages and fencing shall be kept in good repair at all times, and gates and doors shall be padlocked. No nails or other sharp protrusions which might injure the animal are allowed within the cage.

(4) At least one wall of the enclosure shall be constructed so as to provide a privacy screen and windbreak for the animals confined within the enclosure or cage.

(2) Ample fresh water shall be available to cages or enclosures at all times.

(2) All cages or other enclosures shall be cleaned at least once a day and said enclosures and their surroundings shall be kept in a sanitary and attractive condition, free from offensive odor.

(3) All animals with a propensity to fight or which are otherwise incompatible shall be kept segregated.

(2) Those game animals, game birds, and fur-bearing animals lawfully obtained from a licensed game farm or fur farm within the state or lawfully obtained outside the state may be propagated, sold, exchanged, or donated only under authority of a game or fur farm permit issued by the department.

(a) bodily injury - $25,000 for each person and $100,000 for each occurrence;

(b) property damage liability - $5,000 for each occurrence.

(1) Persons must possess both a federal and a Montana raptor propagation permit in order to:

(a) possess, transport, import, purchase, barter, or capture from the wild, any raptor for propagation purposes; and

(b) offer to sell, purchase, or barter a raptor egg or semen for propagation purposes.

(2) Persons wishing to apply for a Montana raptor propagation permit shall file a written application on a form provided by the department, a copy of a current federal raptor propagation permit, and $100.

(3) Montana raptor propagation permits are valid for a period of five years or portion thereof, and shall expire on the date designated on the face of the permit unless amended or revoked. Permits are renewable.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) The records required by federal regulations shall be sufficient record for the state.

(2) The permittee shall file with the department a copy of the annual report required by federal regulations by no later than January 31 of each year.

This rule has been repealed.

This rule has been repealed.

(1) The commission adopts and incorporates by reference federal regulation contained in 50 CFR 21.30. A copy of the federal raptor propagation regulations may be obtained from the Department of Fish, Wildlife and Parks, Enforcement Bureau, 1420 East Sixth Avenue, P.O. Box 200701, Helena, Montana 59620-0701.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) "Catch pen" has the meaning defined in ARM 32.4.101.

(2) "Elk-red deer hybrid" means an animal produced by the mating of a North American elk (Cervus elaphus canadensis, roosevelti, manitobensis, nannodes or nelsoni) and a red deer (Cervus elaphus elaphus) and all subsequent progeny.

(3) "Game farm animals" mean the animals defined as game farm animals and cloven-hoofed ungulates in 87-4-406 , MCA, except domestic water buffalo (Bubalus bubalis).

(4) "Game proof" means:

(a) for game farms holding exclusively cloven-hoofed ungulates, that game farm animals cannot escape the game farm and that game animals (excluding mountain lions and bears) cannot enter the game farm;

(b) for game farms holding omnivores or carnivores, that game farm animals cannot escape the game farm and that game animals (including mountain lions and bears) cannot enter the game farm.

(5) "Handling device" has the meaning defined in ARM 32.4.101.

(6) "Invoice/bill of sale" is a form utilized by the department to document the sale and movement of carnivores and omnivores.

(7) "Knotted-joint" means a joint consisting of a one-piece, continuous stay wire and a separate knotting wire.

(8) "Montana Environmental Policy Act" and "MEPA" means the Montana Environmental Policy Act, as amended, at Title 75, chapter 1, parts 1 through 3, MCA.

(9) "Peak number" of game farm animals means the highest number of game farm animals, including adults and offspring, births and purchases, that occupy a game farm at any time during a license year. The number of offspring for the purpose of this definition shall be the actual number, at the time of counting, of game farm animals born and surviving in the calendar year at issue.

(10) "Quarantine facility" has the meaning defined in ARM 32.4.101.

(11) "Reconstruction" means the replacement of posts and the replacement of a section of mesh fence between any two exterior fence braces. The term excludes repairs, such as stapling and the replacement of posts or wire to close a gap or hole in a fence. If a section of exterior mesh fence between two fence braces is reconstructed, it must be constructed in compliance with the requirements of ARM 12.6.1531 and be inspected by the department.

(12) "Transfer" as used in 87-4-417 , MCA, and ARM 12.6.1539, means the movement of any game farm animal to or from a game farm, and also includes the change in ownership interest or any part of an ownership interest in a game farm animal.

(1) Applicants for a game farm license shall file with the department and the Department of Livestock a written application on a form prescribed by the department. The applicant shall include the initial license fee with the application.

(2) The application must include the following minimum requirements:

(a) a written description setting forth the township, range, and section, or portion of section, and estimated acreage of the game farm;

(b) a 72 minute topographical map identifying the location of the game farm;

(c) a detailed drawing or map of the game farm showing the location of the exterior fence, all exterior gates, catch pens and quarantine facilities;

(d) a written description of specifications for all exterior fencing, including portions of quarantine and other internal facilities that serve as exterior fencing;

(e) documentation showing compliance with the application requirements for catch pens, handling devices and quarantine facilities in Department of Livestock rule ARM 32.4.801;

(f) the species and peak numbers of game farm animals that will occupy the game farm;

(g) for game farm animals other than antelope, black bear, caribou, elk, fallow deer, mountain goat, mountain lion, mountain sheep, mule deer, muskox, reindeer, and whitetail deer, the applicant shall provide information required to evaluate the potential threat the species may pose to native wildlife or livestock through nonspecific genetic dilution, habitat degradation or competition caused by feral populations of escaped game farm animals, parasites and disease; and

(h) information showing the applicant's capacity to conduct regular inspections and to detect and respond on a timely basis to occurrences of ingress and egress.

(3) If the applicant anticipates expansions, increases in animal numbers or other modifications in the future, the applicant may request at the time of initial application that the department conduct a comprehensive environmental review pursuant to ARM 12.6.1525 on all phases of the proposed project. The applicant's request must specify the elements of each future phase, including for each phase the proposed exterior fence locations, peak numbers and species of animals that will occupy the game farm.

(4) The department may not approve an application for a game farm that is in other than a single location. A game farm may be considered as a single location if the parcels of property comprising the game farm are contiguous and under the same ownership or secured lease. Contiguous property may include parcels separated by a public or private road or a river or stream, or adjacent property under the same ownership or lease.

(5) The applicant shall complete the construction of the proposed game farm facilities within three years after the department approves the application. If the applicant fails to complete construction or obtain an extension within such period, the applicant must file a new application. If the department conducted a comprehensive environmental review on a phased development pursuant to (3), the applicant shall complete the construction for the phase or phases for which the applicant has requested and received approval within three years after the department's approval. To proceed with any additional phases, the licensee shall apply and receive approval for a license modification and shall complete any construction associated with such additional phases within three years after the department's approvals. The applicant may request extensions of the three year construction periods pursuant to ARM 12.6.1544.

(a) the department has inspected and approved the applicant's fencing; and

(b) the Department of Livestock has approved the construction of catch pens, handling device and quarantine facilities.

(2) The department will review an application for modification of a license and determine whether it is complete within 30 days of its receipt. Within 45 days of accepting an application as complete, the department will determine whether a prior environmental review sufficiently addressed the impacts of the proposed changes. If the department determines not to perform a supplemental environmental review, the department will issue a decision to approve, deny or approve the application with stipulations within the 45 day period. If the department determines to perform a supplemental environmental review, the department will complete the review and issue a proposed decision within 120 days from the date of the acceptance of the application as complete. The department's decision will be issued in accordance with the procedures in 87-4-426 , MCA.

(3) Minor modifications of game farm facilities include but are not limited to the reconstruction of fences, installation and relocation of exterior gates, and the relocation of exterior fences within the previously approved perimeter. The reconstruction of fences, installation and relocation of exterior gates, and the relocation of exterior fences within the previously approved perimeter shall be categorically excluded from the requirement for the preparation of an environmental assessment or an environmental impact statement, unless a modification may involve one or more of the following extraordinary circumstances:

(a) significant impacts on wildlife resources or water quality; or

(b) any other kind of significant environmental impact, including cumulative or secondary impacts.

(4) A licensee may not change the location of a quarantine facility without complying with Department of Livestock regulation ARM 32.4.803. The department will not approve the license modification until the Department of Livestock has approved the new construction of catch pens and quarantine facilities under the process provided for in ARM 32.4.803. The department will not review such modifications under the process provided for in this rule.

(2) The department or its representatives shall discuss with the applicant the environmental impacts of the proposed action and potential mitigation measures or stipulations identified in the department's initial review prior to the issuance of a draft environmental assessment (EA) or environmental impact statement (EIS).

(3) The department may conduct a supplemental environmental review of a game farm operation, including modifications to licenses, under any of the following conditions:

(a) there are substantial changes in the proposed action that are relevant to environmental concerns; or

(b) there are significant new circumstances or information relevant to environmental concerns and bearing on the proposed action or its impacts.

(4) A supplemental environmental review must include, but is not limited to, a description of the following:

(a) an explanation of the need for the supplement;

(b) the proposed action; and

(c) any impacts, alternatives or other items required by ARM 12.2.432 for an EA, by ARM 12.2.436 for a draft EIS, or by ARM 12.2.438 for a final EIS that were either not covered in the original environmental review or that must be revised based on new information or circumstances concerning the proposed license modification.

(5) The renewal or transfer of a license pursuant to 87-4-412 , MCA, is a ministerial action under the provisions of ARM 12.2.430(5)(e) and is not subject to an environmental review.

(2) The annual renewal fee shall be as set forth in 87-4-411 , MCA. The fee shall be based upon the number of animals, including offspring, owned, leased or kept on the game farm as of December 31 of the year preceding the renewal.

(3) The fee for an application for a license modification shall equal the initial application fee prescribed in (1) based upon the peak number of animals identified in the application for license modification. If the department determines not to perform a supplemental environmental review under MEPA, the department shall refund the fee.

(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.

(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.

(b) corner and end posts requirements are as follows:

(i) wooden corner and end posts must be a minimum of 5 inches in diameter and treated;

(ii) steel pipe corner and end posts must be a minimum of 2 7/8 inches in outside diameter;

(iii) corner and end posts of other materials must be of sufficient strength to maintain the fence integrity and must be approved by the department; and

(iv) corner and end posts must be set to a minimum depth of 4 feet to provide adequate support for the fence.

(c) fence bracing requirements are as follows:

(i) posts used for braces must be treated wood or steel pipe and conform with the minimum diameters prescribed in (3)(b)(i) and (ii). Brace posts must be set to a minimum depth of 4 feet to provide adequate support for the fence;

(ii) corner and end braces must be constructed at each point where the direction of the fence changes;

(iii) corner and end braces which brace fence distances of greater than 660 feet must be constructed as a double brace with a total brace distance of 20 feet;

(iv) corner and end braces which brace fence distances of less than 660 feet must be constructed with a brace distance of 12 feet;

(v) in-line braces must be constructed in each fence line that exceeds 1,320 feet between corner or end posts. The in-line brace posts must be spaced no more than 1,320 feet apart in any such fence line; and

(vi) in-line braces must be constructed with a brace distance of 20 feet to provide adequate support for the fence.

(4) All exterior fence gates must be maintained in a closed, locked position at all times except when in use. The gates must have one latching and at least one locking device. All gates must be installed in locations approved by the department.

(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.

(b) all cages must satisfy the following minimum requirements:

(i) be of sufficient size (height, length and width) to prevent overcrowding and allow exercise; minimum requirements are 200 square feet for single mountain lions, to be increased by 50 percent for each additional animal, and 300 square feet for one black bear, to be increased by 50 percent for each additional animal;

(ii) have a cage top constructed of at least 11 gauge woven wire or chain link; and

(iii) have a floor made of cement or concrete at least three inches thick into which metal fence posts are permanently secured or a floor that consists of chain link or similar material that will preclude the animal digging through the floor to escape.

(c) gates on enclosures and cages must be self-closing and have double locks. The licensee shall confine the animals in cages at all times, except as may be authorized by the department;

(2) Facilities must comply with the American Zoological Association (AZA) general guidelines for housing and caring for black bears and mountain lions including such considerations as temperature, lighting, ventilation, feeding and sanitation.

(3) The following requirements apply to facilities for holding carnivores and omnivores constructed prior to January 16, 1999. If the facilities are not in compliance with this rule or are not otherwise game proof, they will be subject to the requirements in (1). Reconstruction of such facilities must satisfy the minimum standards in (1), any additional requirements in the license and any further requirements to ensure that the facilities are game proof.

(a) All open-topped enclosures holding game farm carnivores must meet the following requirements:

(i) a perimeter fence at least 8 feet in height constructed of at least 9 gauge woven wire chain link or solid material that cannot be destroyed by the species contained therein;

(ii) the perimeter barrier must be supported by a post or a stay at 10 foot intervals;

(iii) an overhang of barbed wire or electric wire installed at the top of the perimeter fence or other configuration that precludes escape;

(iv) buried mesh wire (minimum 11 gauge) extending laterally 3 feet to the inside of the enclosure for the length of the perimeter fence (to prevent carnivores from digging under the fence and escaping); and

(v) any trees or obstacles that would allow carnivores to exit or enter the enclosure must be removed.

(b) All cages holding game farm carnivores must be of sufficient size (height, length and width) to prevent overcrowding and allow exercise and must meet the following requirements:

(i) a cage top constructed of at least 11 gauge woven wire or chain link; and

(ii) a floor made of cement or concrete at least 3 inches thick into which metal fence posts are permanently secured or a floor that consists of chain link or similar material that will preclude the animal digging through the floor to escape.

(c) Gates on enclosures and cages must be self-closing and have double locks. The licensee shall confine the animals in cages at all times, except as may be authorized by the department.

(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.

(5) Electric fencing materials may be used on perimeter fences only as a supplement to conventional fencing materials.

(6) All gates in the perimeter fence must be self-closing, equipped with two locking devices and installed in locations that have been approved by the Department of Fish, Wildlife and Parks. Double gates may be required at points in the perimeter fence subject to frequent vehicle traffic that is not related to operation of the game farm.

(7) Posts used in the perimeter fence must be:

(a) constructed of material of sufficient strength to keep game farm animals securely contained and wild animals from entering;

(b) extended at least eight feet above ground level;

(c) spaced no more than 24 feet apart with stays or supports at eight foot intervals between the posts; and

(d) braced with wood or with suitable metal material properly set in concrete, at all corners.

(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.

(3) For all other species of game farm animals under 87-4-406 , MCA, and ARM 12.6.1520, fencing will be required that has been documented in other areas as being sufficient to keep animals of the same species confined under similar conditions as is proposed by the applicant.

(4) Fence right-of-way must be cleared of all dead timber with a height greater than eight feet for a distance of eight feet on the inside of the fence.

(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.

(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.

(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;

(b) 24 hours if the game farm or animal is under Department of Livestock quarantine, except that diseased escaped animals may be destroyed on sight; or

(c) five days if the preceding conditions do not exist, unless the licensee and the department agree to a different period.

(4) The licensee shall notify the department and the Department of Livestock immediately of the recapture or death of an escaped animal and, upon the request of either department, shall hold the animal for inspection before returning it to the game farm.

(5) The department will make reasonable efforts to notify area game farmers of unreported, escaped game farm animals if local department officials observe or receive reports thereof. The department will attempt to use nonlethal means to capture and identify such animals, when observed in the vicinity of a game farm, except that the department may immediately destroy any such animals that pose a risk to wildlife or to public health or safety. The department may, without notification to area game farmers, use lethal means to control unreported, escaped game farm animals not in the vicinity of a game farm.

(6) Pursuant to 87-4-419 , MCA, a game farm animal becomes the property of the state following the time frames specified in (3).

(7) When a licensee can identify the reason for an ingress or egress the licensee shall take immediate site-specific action to maintain the fence in a game proof condition and prevent future ingress or egress.

(8) The department may seize, capture or destroy game animals that have entered the game farm. The licensee may request that the department conduct disease testing of ingressed game animals at the licensee's expense.

(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.

(7) The department may require the licensee to perform a game farm animal census when there are discrepancies in game farm records or reports. The licensee may request the presence of both the department and the Department of Livestock.

(8) Upon the termination, revocation, or surrender (including the failure to renew) of a license, the licensee shall, within ten days of the removal of the game farm animals, submit a final report, including records and reports prepared on forms provided by the department and the Department of Livestock, showing the disposition of the animals.

(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);

(ii) Subfamily Hippotraginae:

(A) Oryx (oryx and gemsbok); and

(B) Addax (addax);

(iii) Subfamily Reduncinae:

(A) Redunca (reedbucks);

(b) In the family Cervidae, all of the following species and hybrids thereof:

(i) Red deer (Cervus elaphus elaphus);

(ii) Axis deer (Axis axis);

(iii) Rusa deer (Cervus timorensis);

(iv) Sambar deer (Cervus unicolor);

(v) Sika deer (Cervus nippon); and

(vi) Roe deer (Capreolus capreolus and Capreolus pygarus);

(c) All wild species in the family Suidae (Russian boar, European boar) and hybrids thereof; and

(d) In the family Tayassuidae, the collared peccary (javelina) (Tayassu tajacu) and hybrids thereof.

(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.

(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.

(3) Licensees shall use tests for elk-red deer hybridization that satisfy the standards of the Department of Livestock in ARM 32.4.402.

(4) Licensees shall provide for the submission of all test results to the Department of Livestock and all positive test results to the department.

(5) If the department determines that the test results obtained pursuant to this rule are conflicting, the department may require the licensee to perform further testing.

(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.

(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.

This rule has been repealed.

(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 the purchaser and date of purchase.  

(3) An authorized purchaser may also purchase live game birds delivered from outside the state under import permits issued by the Department of Livestock.

(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.

This rule has been repealed.

(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.

(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.

(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.

(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 and potential release in Montana must be NPIP certified.

(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.

(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.

(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.

(2) The fencing enclosures of all fur farm operations licensed on October 1, 1983, are deemed adequate for compliance with this rule.

This rule has been repealed.

(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.

(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.

(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.

(2) All migratory game birds taken or propagated under an avicultural permit shall be permanently marked or identified as specified in the agricultural permit holder's federal banding or marking permit.

(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.

This rule has been repealed.

(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.

(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.

This rule has been repealed.

(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.

(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.

(b) The amount of the reward may exceed $1,000 if the informant testifies in court.

(c) If more than one person supplied the information with respect to a crime, the reward may be divided as determined by the board and the department based on the relative importance of the information received from each person.

(d) The board and the department may provide rewards in cooperation with other crimestoppers programs in the event that information provided to another law enforcement agency or program leads to the arrest of a suspect in a fish or wildlife-related crime.

(2) If a drop is used to pay an approved reward, at least two persons shall witness the drop.

This rule has been repealed.

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.

(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.

(1) These specific requirements apply in addition to the general requirements found in ARM 12.6.2203 and any other specific condition that may be found on the permit.

(2) Coho salmon, Onocorhynchus kisutch, and Pacific White Shrimp, Penaeus (Litopenaeus) vannamei, may only be raised for commercial activities.

(a) Coho salmon and Pacific White Shrimp must be raised in a facility that:

(i) holds a corporate surety bond to the state of Montana for $500, conditioned to the effect that the permit holder will not violate the conditions of the permit;

(ii) is indoors and locked with access restricted solely to individuals involved in the operation and maintenance of the facility;

(iii) is not within the 100-year flood;

(iv) is at least 200 feet from any surface water;

(v) does not receive diverted surface water;

(vi) does not have an effluent or discharge of waste or water within 200 feet of surface water including perennial, intermittent, or ephemeral streams or rivers; and

(vii) complies with all other local, state, and federal regulations and permits.

(b) Live fish may not be transferred into or out of the facility.

(c) Live shrimp may not be transferred out of the facility.

(d) Fish health screening must be:

(i) consistent with the requirements of ARM 12.7.503 and 12.7.504;

(ii) done annually; and

(iii) reported to the department within 30 days of receipt of results.

(e) Any significant mortality in the facility that occurs as a result of an infectious disease must be reported to the department within 30 days.

(f) Carcasses must either be disposed in a state regulated landfill or in another manner that would not impact state waters or be accessible to wildlife or other animals that might carry carcasses to water.

(g) Imported shrimp must be certified pathogen free.

(3) Goldfish, Carassius auratus, and koi, Cyprinus carpio, may only be held in outdoor ponds registered with the department using a form provided by the department.

(a) Ponds used to hold goldfish and koi:

(i) must not be larger than 400 square feet;

(ii) must not be within the 100-year flood plain;

(iii) must be at least 200 yards from any open water;

(iv) must not receive diverted surface water; and

(v) must not have an effluent or discharge to surface water.

(1) The following mammals are classified as noncontrolled species:

(a) African pygmy hedgehog - Atelerix albiventris and Atelerix algirus;

(b) Degu (bush-tailed rat) - Octodon degus;

(c) Jungle cat - Felis chaus;

(d) Serval cat - Leptailurus serval;

(e) Sugar gliders - Petaurus breviceps;

(f) Two-toed sloth - Choloepus didoctylus;

(g) Wallaby (Bennets) - Macropus rufogriseus; and

(h) Wallaby (Tammar) - Macropus eugenii.

(2) The following amphibians are classified as noncontrolled species:

(a) Cameroon volcano frog - Xenopus amieti;

(b) Eritrea clawed frog - Xenopus clivii;

(c) Hyperoliidae family; and

(d) Leptodactylidae family.

(3) The following arachnids are classified as noncontrolled species:

(a) Emperor scorpion - Pandinus imperator; and

(b) Tanzanian redclaw scorpion - Pandinus cavimanus.

(4) The following crustaceans are classified as noncontrolled species:

(a) Terrestrial hermit crabs - Coenobita sp.

(1) The following birds are classified as controlled species:

(a) Barbary Falcon – Falco perigrinoides;

(b) Black-Crowned Crane – Balearica pavonina;

(c) Black-necked Crane – Grus nigricollis;

(d) Blue Crane – Anthropoides paradiseus;

(e) Brolga – Grus rubicunda;

(f) Buff-banded Rail – Gallirallus philippensis;

(g) Common Crane – Grus grus;

(h) Demoiselle Crane – Anthropoides virgo;

(i) Giant Wood Rail – Aramides ypecaha;

(j) Grey Crowned Crane – Balearica regulorum;

(k) Hooded Crane – Grus monacha;

(l) Red-crowned Crane – Grus japonensis;

(m) Sarus Crane – Grus antigone;

(n) Siberian Crane – Grus leucogeranus;

(o) Taita Falcon – Falco fasciinucha;

(p) Wattled Crane – Grus carunculata;

(q) White-breasted Waterhen – Amaurornis phoenicurus;

(r) White-naped Crane – Grus vipio; and

(s) exotic waterfowl in the family Anatidae.

(2) The following crustaceans are classified as controlled species:

(a) Pacific White Shrimp – Panaeus (Litopenaeus) vannamei.

(3) The following fish are classified as controlled species:

(a) coho salmon – Onocorhynchus kisutch;

(b) goldfish – Carassius auratus (for use in outdoor ponds); and

(c) koi – Cyprinus carpio (for use in outdoor ponds).

(4) The following mammals are classified as controlled species:

(a) Caracal cat – Caracal caracal; and

(b) Wallaroo – Macropus robustus.

(1) A permit is required for all controlled species except those identified in ARM 12.6.2208(2)(b) and (c).

(a) The department shall assess a fee of $25 to obtain or renew a permit to possess a controlled species. The permit must be renewed annually. Renewal is contingent upon submission of the annual fee plus submission of any required reporting of current inventory and any changes to inventory during the preceding year; and

(b) the department shall assess a fee of $100 to obtain or renew a permit to sell, breed, or exchange a controlled species. The permit must be renewed annually. Renewal is contingent upon submission of the annual fee plus submission of any required annual reporting of current inventory and any changes to the inventory during the preceding year.

(2) A controlled species permit must require the permittee:

(a) to provide annual reports on forms provided by the department, unless the department has given written authorization for a different format concerning births, deaths, sales, and purchases of any controlled species;

(b) to provide a viable bio-security plan to control the spread of disease and an emergency response plan to protect emergency personnel and the species involved;

(c) to report the escape of any controlled species to the department within 24 hours of the escape and accept responsibility and liability for recapture costs;

(d) to report any injuries to humans inflicted by the controlled species to local public health officials within 24 hours of infliction of the injury;

(e) to report injuries inflicted by the exotic species on domestic animals to the Department of Livestock within 24 hours of infliction of the injury; and

(f) to report injuries inflicted by the exotic species on Montana wildlife to the department within 24 hours of infliction of the injury.

(3) The department may require additional conditions on a permit to protect Montana's native wildlife and plant species, livestock, horticultural, forestry, agricultural production, and human health and safety. Permit conditions may include, but are not limited to, individual identification of animals. A person must comply with all permit conditions in order to receive or retain a permit. The department may suspend or cancel a permit if the permittee violates or fails to comply with a permit condition or is convicted of violating a federal or state law, or county or city ordinance associated with possession of the exotic wildlife species.

(4) The department may amend, suspend, or cancel a permit if necessary to protect native wildlife, livestock, public health, public safety, or the environment.

(5) The department shall document compliance with conditions, either through inspection by representatives of the department or through affidavit by the permittee prior to possession of the exotic wildlife species in Montana.

(6) A person that displays, exhibits, or uses a controlled species for exhibition or commercial photography or television may import the species into Montana without a controlled species permit if the animal:

(a) is accompanied by evidence of lawful possession;

(b) is not in this state for more than 90 days or a time period authorized by the department;

(c) is maintained under complete control and prohibited from coming into contact with members of the general public unless authorized for such contact by the department. If the person is displaying, exhibiting, or using animals for commercial purposes other than food or fiber, he/she must possess the appropriate license issued by the United States Department of Agriculture; and

(d) is accompanied by an official certificate of veterinary inspection as defined in ARM 32.3.206 "Official Health Certificate" and an entry permit number issued by the Montana Department of Livestock within ten days of entry into Montana.

(7) An interstate shipment of a controlled species may be transported through this state, without a permit or license issued by the department, if:

(a) the shipper or transporter has evidence of lawful possession of the species issued by the state or country where the species originated;

(b) mammals, birds, reptiles, and amphibians are accompanied by a certificate of veterinary inspection issued by an accredited veterinarian in the state or country where the species originated that indicates the destination and origin of the species being transported;

(c) fish are accompanied by a health certificate issued in the state or country where the species originated that indicates the destination and origin of the species being transported; and

(d) the species is not unloaded or otherwise released while being transported through this state.

(a) is at least 18 years of age; and

(b) has not been convicted of any violation of exotic wildlife regulations or any offense involving the illegal commercialization of wildlife within three years of the date of application. Any offense involving cruelty to animals will permanently prohibit a person from obtaining a permit to possess a controlled species animal.

(2) To obtain a controlled species permit a person shall make written application to the department on forms provided by the department. The application must specify:

(a) the applicant's name;

(b) the applicant's date of birth;

(c) the applicant's address;

(d) the controlled species and the approximate number proposed to be kept or reared at the above address;

(e) the type of facilities the applicant intends to use for confinement of the controlled species, including cage specifications; and

(f) the source from which the applicant intends to acquire the controlled species.

(3) In order for an applicant to receive a permit, the applicant shall agree to comply with all permit conditions.

(1) The following amphibians are classified as prohibited species:

(a) African clawed frog � Xenopus laevis; and

(b) North American bullfrog � Rana catesbeiana.

(2) The following crustaceans are classified as prohibited species:

(a) Rusty crayfish � Orconectes rusticus.

(3) The following fish are classified as prohibited species:

(a) Bighead carp � Hypophthalmichthys nobilis;

(b) Black carp � Mylopharyngodon piceus;

(c) Eurasian Ruffe � Gymnocephalus cernuus;

(d) Grass carp � Ctenopharyngodon idella;

(e) Round goby � Neogobius melanostomus;

(f) Silver carp � Hypophthalmichthys molitrix;

(g) Snakehead fish � genera Channa and Parachanna (29 species);

(h) Walking catfish � Clarias batrachus;

(i) White perch � Morone Americana; and

(j) Zander (European pikeperch) � Sander lucioperca.

(4) The following mammals are classified as prohibited species:

(a) African Soft Fur Rat/Natal Rat � Mastomys natalensis/Natal miltimammate mouse;

(b) Aotidae Family (Night and Owl Monkeys);

(c) Argali Sheep � Ovis ammon;

(d) Atelidae Family (Howlers and Spider Monkeys);

(e) Brush-tailed possum � Trichosurus vulpecula;

(f) Callitrichidae Family (Marmosets and Tamarins);

(g) Cebidae family (new world primates);

(h) Cercopithecidae family (old world monkeys);

(i) Hyaenidae family (hyenas);

(j) Hylobatidae family (gibbons);

(k) Natal Rat/African Soft Fur Rat � Natal miltimammate mouse/Mastomys natalensis;

(l) Nutria � Myocastor coypus;

(m) Pitheciidae Family (Titis and Saki Monkeys);

(n) Pongidae family (apes);

(o) Short-tailed opossum � Monodelphis domestica;

(p) Small spotted genet � Genetta genetta;

(q) Southern flying squirrel � Glaucomys volans;

(r) Transcaspian urial sheep � Ovis aries vignei; and

(s) Virginia opossum � Didelphis virginiana.

(5) The following mollusks are classified as prohibited species:

(a) New Zealand mudsnail � Potamopyrgus antipodarum;

(b) Quagga mussel � Dreissena bugensis; and

(c) Zebra mussel � Dreissena polymorpha.

(6) The following reptiles are classified as prohibited:

(a) African rock python � Python sebae;

(b) Alligatoridae family;

(c) Amethystine python � Morelia amethistina;

(d) Boomslang � Dispholidus typus;

(e) Burrowing asps (all species in family Atractaspidae);

(f) Coral snakes (all species in family Elapidae);

(g) Cobras (all species in family Elapidae);

(h) Crocodylidae family;

(i) Green Anaconda � Eunectes marinus;

(j) Indian python (including the Burmese python) � Python molurus;

(k) Kraits (all species in family Elapidae);

(l) Mambas (all species in family Elapidae);

(m) Pit vipers and true vipers (all species in family Viperidae except species indigenous to Montana);

(n) Red-eared slider � Trachemys scripta elegans; and

(o) Reticulated python � Python reticulatus.

(7) The following birds are classified as prohibited:

(a) California quail � Callipepla californica; and

(b) Gambel's quail � Callipepla gambelii.

�

(1) The department may issue a permit for possession of a prohibited species only to the following:

(a) a zoo or aquarium which is an accredited institutional member of the American Association of Zoological Parks and Aquariums;

(b) a roadside menagerie or zoo licensed by the department;

(c) a business that displays, exhibits, or uses the species for exhibition or commercial photography or television and has a USDA Class C Exhibitor's license if the species:

(i) is accompanied by evidence of lawful possession;

(ii) is not in this state for more than 90 days or a time period authorized by the department;

(iii) is maintained under complete control and prohibited from coming into contact with members of the general public unless authorized for such contact by the department. If the person is displaying, exhibiting, or using animals for commercial purposes other than food or fiber, he/she must possess the appropriate license issued by the United States Department of Agriculture; and

(iv) is accompanied by an official certificate of veterinary inspection as defined in ARM 32.3.206 "Official Health Certificate" and an entry permit number issued by the Montana Department of Livestock within ten days of entry into Montana;

(d) a college, university, or government agency, for scientific or public health research;

(e) any other scientific institution, as determined by the department, for research or medical necessity;

(f) a tax-exempt nonprofit organization licensed by the United States Department of Agriculture that exhibits wildlife solely for educational or scientific purposes;

(g) a person who, due to a medical necessity, has assistance requirements that may be provided by the prohibited species and that requirement is certified by a physician licensed in the state of Montana; or

(h) a rescue facility for exotic wildlife with either national or state agency affiliation engaged in temporary housing of exotic wildlife for the purpose of rescue for relocation.

(2) An interstate shipment of a prohibited species may be transported through this state, without a permit or license issued by the department, if:

(a) the shipper or transporter has evidence of lawful possession of the species issued by the state or country where the species originated;

(b) mammals, birds, reptiles, and amphibians are accompanied by a certificate of veterinary inspection issued by an accredited veterinarian in the state or country where the species originated that indicates the destination and origin of the species being transported;

(c) fish are accompanied by a health certificate issued in the state or country where the species originated that indicates the destination and origin of the species being transported; and 

(d) the species is not unloaded or otherwise released while being transported through this state.

(3) The department may amend, suspend, or cancel a permit if necessary to protect native wildlife, livestock, public health, public safety, or the environment.

(1) The classification review committee described in 87-5-708 , MCA, shall consider petitions for species classification. Any individual, government agency, or interested group may petition the classification review committee to recommend to the commission classification of a species.

(2) The classification review committee must make its recommendations based on the best available information and scientific knowledge of the following:

(a) the environmental impacts caused by the animal if it is released or escapes from captivity, including ecological and economic impacts;

(b) the risk the animal would pose to the health or safety of the public, wildlife, livestock, domestic animals and agriculture; and

(c) the ability of a person to readily control and contain the animal in captivity.

(3) Based on recommendations made by the classification review committee, the commission may classify exotic wildlife to either a noncontrolled, controlled, or prohibited list. The commission shall adopt exotic wildlife classifications as administrative rules, amendments, or repeals according to the Montana Administrative Procedure Act.

(4) Species of exotic wildlife may not be imported into Montana unless the following occur:

(a) the exotic wildlife species has been classified by the commission or by listing in state statutes;

(b) the department has issued the required permits for possession of exotic wildlife species classified as noncontrolled, controlled or prohibited; and

(c) the person has obtained authorization for importation from the Department of Livestock pursuant to Title 81, chapter 2, part 7, MCA.

(2) The department's director or the director's designee shall issue a written decision on the appeal. The department director's decision is final.

(2) "Department" means the department of Fish, Wildlife and Parks.

(3) "Herd", "herding" or "aerial herding" means to use aircraft to move, drive or haze the wild animals specified by the permit.

(4) "Landowner" means person owning or managing privately owned land.

(5) "Permit" means written authorization issued by the department allowing a landowner to use aircraft to herd animals specified in the permit.

(6) "Permittee" means a person holding a permit issued by the department to use aircraft to herd animals specified in the permit.

(1) The department may issue a permit to use aircraft to herd ungulates, including deer, elk, and antelope, to a landowner experiencing crop or private property damage, as long as the conditions in these rules are met.

(2) Permits must be issued for a specific time period, not to exceed one year.

(a) from May 1 through July 15 to protect animals during times of late gestation or early calving/fawning. The department may consider an exception to this date restriction if it determines that conditions at a specific site warrant granting an exception;

(b) during the seven day period prior to the opening date of any legal hunting season for the species being herded under the permit; or

(c) during any legal hunting season for the species being herded under the permit, including any commission sanctioned game damage hunts in the hunting districts where the landowner will use the permit.

(2) A completed permit application must include:

(a) a completed permit application form available from the department;

(b) written concurrence from affected property holders required under ARM 12.6.2305; and

(c) any other information requested by the department in sufficient detail to allow the department to evaluate the nature and impact of the herding, including measures the applicant will use to mitigate potential injury or damage to affected property holders and members of the public.

(1) If permitted activities will move animals onto, across, or off any lands other than those owned by the permittee, including lands owned by state or federal land management agencies, the permittee shall obtain written concurrence from affected property holders on a form provided by the department.

(2) The written concurrence required in (1) must include the following:

(a) a statement that the affected property holder agrees to the specific actions authorized under the authority of the permit which might affect his or her property;

(b) the type of animals that may be moved;

(c) when the animals may be moved from, onto, or across the affected property holder's land;

(d) location of travel routes on the affected property holder's land, depicted on a topographical map, including the locations from which and to which animals may be moved; and

(e) to what extent, if any, the affected property holder may accept civil liability for any damages which may result from the aerial herding of the animals.

(a) date and time of each herding activity;

(b) type and location (section/range/township) of damage to property or crops;

(c) number and species of animals herded;

(d) description (section/range/township) of animal's location prior to being moved;

(e) location of travel route, depicted on a topographical map, used by animals while being moved;

(f) known injury to or death of animals being moved; and

(g) any damage to property of affected property holders.

(2) Permittee shall allow the department access, upon reasonable notice when possible, to permittee's lands where herding activities may take place or have taken place for monitoring permit compliance.

(2) The permittee shall field-dress and provide proper care of carcasses of any wild ungulates that are killed during the course of aerial herding to ensure that the carcass maintains fitness for human consumption until the department can take possession.

(3) Failure to comply with (2) may result in citation under 87-3-102 , MCA, for waste of fish or game.

(4) A permittee who purposely, knowingly, or negligently causes death or injury of wild animals while acting under authorization of an aerial herding permit issued by the department may be held liable under criminal and civil statutes and may be subject to penalties, including monetary restitution as set forth in department sentencing guidelines.

(2) A permit may be revoked if the permittee fails to comply with the terms of the permit. Revocation shall be communicated in writing between the department and the permittee.

(3) A person who has been denied a permit, denied renewal of a permit, or whose permit has been revoked may appeal this decision to the commission in writing within 30 days of mailing or hand delivery of the notice of the permitting decision. Persons not appealing within 30 days have waived their right to appeal.

(4) The commission shall issue a written decision on the appeal. The commission's decision is final.