(a) to produce and maintain a maximum breeding stock of big game on all suitable lands of Montana, public and private, in harmony with other uses of such lands, and consistent with the available forage supply, and to utilize, through public hunting, the available crop of big game produced annually by this breeding stock;

(b) to maintain for big game the best possible range conditions by keeping populations in balance with their forage supply with due consideration given to multiple land use, conflicting use, and other interests;

(c) to encourage harmonious relationships between landowners and hunters in order that big game can be produced and harvested on private lands, consistent with the capability and uses of the land;

(d) to permit the harvest of surplus big game and to control populations causing appreciable damage to cultivated crops and forest or range lands, by regulated public hunting when possible, and/or by permit hunting;

(e) to manage big game on the basis of natural forage without recourse to artificial feeding; the artificial feeding of big game will be discouraged and resorted to only in extreme emergency;

(f) to work out with interested parties an equitable allocation of forage for big game and livestock where conflict or competition exists; and thereafter to regulate big game populations according to such agreements insofar as possible, and which agreements may be subjected to future review and revision;

(g) to encourage big game predator control chiefly on understocked ranges or on ranges where hunters are able to fully utilize the annual harvestable crop of animals, or on ranges where the rarer species of big game (such as mountain sheep) are being introduced or remnant bands are being encouraged;

(h) to make impartial, objective surveys and investigations of big game populations and their range in order that authentic information may be available to guide the establishment of hunting regulations and other aspects of big game management;

(i) to encourage sport hunting and recreational use of the big game resource and public access to hunting areas;

(j) to keep hunting regulations clear and concise, consistent with requirements of the laws and regulations necessary to benefit the greatest numbers of hunters and conduct an orderly hunt. Regulations will be directed primarily to accomplish objectives of management.

This rule has been repealed.

This rule has been transferred.

Therefore, when it has been determined that extreme winter conditions exist on department-owned lands, an emergency feeding program may be undertaken and the following regulations shall be policy:

(a) invite local sportsman's groups to participate in the program;

(b) feed only hay of high quality free from all forms of pollution;

(c) feed hay in sufficient quantity so that at least some hay is left uneaten; (this normally means about 12 pounds per animal per day) ;

(d) feed will be scattered over large areas in an attempt to maintain a normal distribution;

(e) the department will determine feeding areas and only those areas will be utilized; these are wild animals and consideration must be given to the establishment of feeding areas located specifically to avoid harassment.

(2) In the Gallatin River drainage the elk feeding policy for the department is as follows:

(a) for the area in the vicinity of the northwest corner of Yellowstone National Park: encompassed by the drainages of Buffalo Horn Creek, Cinnamon Creek, Wilson Creek, Teepee Creek, Lodgepole Creek, Sawmill Creek, Monument Creek, Sage Creek, and the portion of Taylor Creek below the Taylor Narrows, there will be no feeding, whether hay or other food supplements, of elk.

(b) For the remainder of that portion of the Upper Gallatin Canyon where elk feeding is not excluded by the provisions of subsection (2) (a) , the following guidelines are the elk feeding policy of the department.

(3) Purpose. The purpose of this plan is to establish criteria for the monitoring and evaluation of winter conditions for a portion of the Upper Gallatin elk herd in order to avoid catastrophic losses during a severe winter.

(a) The department is responsible for managing the wildlife on national forest lands in Montana. The forest service, however, has responsibility for the management of wildlife habitat, necessitating the two agencies work closely together in game management within the boundaries of the national forest. Yellowstone national park contains a portion of the Upper Gallatin elk habitat. The three agencies therefore coordinate their responsibilities under a cooperative agreement for the management of the Upper Gallatin elk herd.

(b) In any winter, regardless of severity, natural elk mortality will vary from 1% to 10%. Nature has the ability to recover losses rapidly. The ratio of calves to adult cows may vary from 25% to 60% in a given year. Elk herds have the potential of doubling their size within two years. Nevertheless, a loss in excess of 15% of the total herd could be considered catastrophic, necessitating feeding or other emergency measures.

(4) Objective. The objective of this plan is to establish guidelines for evaluating winter conditions affecting Upper Gallatin elk and the condition of the elk themselves. An additional objective of this plan is to establish guidelines for feeding, should the need arise, that will minimize damage to soil, vegetation, and water while providing for the needs of elk through a crisis period. It is hoped that elk feeding when needed can be achieved through the cooperative efforts of concerned citizens working with the department and the forest service.

(5) Background. Research has shown that once animals are suffering from severe malnutrition, feeding may do no good. Also, once animals have become weak from use of reserve body fat, the animals may not be able to adjust to a change of diet. If feeding is to be done then, it must begin before the animals' condition is so poor that they do not respond. A decision to feed must also recognize the following adverse impact on the environment and the animals:

(a) making healthy animals dependent on artificial feed when they would be better off foraging;

(b) stopping or interrupting natural migration habits;

(c) tending to deplete emergency food reserves in the vicinity of feed grounds; (research has shown that elk will severely browse conifers and shrubs in the immediate vicinity of the feed ground regardless of the amount of hay put out) ;

(d) concentrating animals when their resistance is down, increasing the risk of the spread of any disease or virus present;

(e) decreasing water quality by concentrating animals near open water;

(f) allowing genetically inferior animals to survive, thus interfering with the natural selection process;

(g) changing social behavior patterns may cause problems; for example, if bulls are attracted into cow groups, increased stress may be placed on weaker or smaller animals through fighting and jostling.

(6) Even though late winter storms can be quite severe, usually after a couple of days the snow melts and food becomes available again. Those animals which are too weak to wait out a few days will not be helped by feeding.

As a general rule, artificial feeding will not be started after April 1. To avoid losses from a late spring storm, such as occurred in April, 1975, managers will need to make a thorough analysis of the available feed and animal condition prior to April 1.

(7) Criteria for evaluating winter conditions for the Upper Gallatin elk herd. The department will set up monitoring stations at Taylor Fork and Porcupine to monitor snow depth, icing, and crusting. The following criteria will indicate that feeding may be necessary:

(a) snow depth 20 inches or more with crusts and/or ice forming;

(b) weak adult cows forced to bottom lands along streams and Highway 191;

(c) adult cows foraging during middle of daylight hours;

(d) adult cows not seeking cover after feeding;

(e) emergency food sources not available;

(f) groups of adult cows (not isolated animals) generally in poor condition;

(g) signs of malnutrition in road-kills of adult cows (bone marrow pink, jelly-like, lack of body fat, especially around kidneys) ;

(h) adult cows weak and moving with difficulty through snow cover;

(i) weather outlook for cooler than normal with above normal precipitation forecast.

Note: Since some calf losses are not preventable but are expected most years and since this plan is designed to prevent catastrophic reductions in the elk herd, the criteria for feeding is based on factors affecting the reproductive base (adult cows) only.

Procedure: In the event hay feeding becomes necessary, the following procedure will be followed:

(a) every effort will be made to avoid concentrating animals; hay will be fed where the elk are found, scattered over a wide area and in small amounts;

(b) approximately 3 to 7 pounds of hay per animal is sufficient per feeding;

(c) hay will be fed from sleigh or snow machine;

(d) distribute feed away from streams and highway and emergency food sources, such as willow and dogwood;

(e) scatter feed at the break (or toe) of the slope;

(f) only "certified weed-free" grass hay will be used;

(g) hay will be furnished or approved by the department;

(h) all feeding will be monitored and supervised by the department with assistance of the forest service; the results of any feeding program should be carefully documented for future reference;

(i) feeding will stop when natural feed becomes available or when elk stop using hay, whichever comes first;

(j) the department will obtain a forest service permit for feeding on national forest land.

(8) Responsibility and coordination. The department will be responsible for making the final decision on whether or not to feed hay to elk, and will supervise the procurement and distribution of hay.

(a) The forest service will make the final decision on whether to allow the placing of hay on national forest land for feeding of elk. The location of feeding areas on national forest land must receive prior approval from the forest service. Feeding will not take place inside Yellowstone National Park.

(b) The forest service and department will jointly monitor snow, weather, and animal conditions, with the department having the primary responsibility for monitoring.

(c) If conditions indicate that feeding may be necessary, a thorough analysis of snow and animal conditions will be made by department and forest service personnel. Porcupine and Taylor Fork Creek above the narrows will be checked as a minimum. A joint meeting will be held and the department will decide whether or not to feed and where feeding will be most effective.

(d) Proposed national forest feeding sites will be approved at that time.

(e) The department then may invite private ranchers and organizations to participate and establish a schedule for monitoring the feeding and recording results. Forest service personnel may participate in monitoring the feeding operation.

(9) The elk herds in the Gallatin drainage provide a peculiar problem for management in this state as they move over their normal winter range.

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.

(a) bird banding as part of scientific investigations;

(b) salvage of birds killed in accidents for school or museum collections;

(c) collecting abandoned birds nest for school and museum collections;

(d) nursing and treatment of sick and injured birds.

(2) No certificate or permit will be issued for the killing of such birds as a means of collection, except as may be authorized under 87-2-806 , MCA, relating to scientific collector's permits.

(3) No certificate or permit shall allow raptors to pass into private ownership.

(4) The director may set standards for determining if the merits of a project justify a certificate or permit being issued. He may limit the species and numbers of birds to be taken as well as the means used in taking or capturing. He may limit the period of possession. He may set a time limit during which the certificate is valid and may require a report of any or all activities conducted pursuant to the certificate or permit.

(5) No fee will be collected in connection with the issuance of such certificate or permit.

This rule has been repealed.

(1) No more than 11,000 class B-1 nonresident upland game bird hunting licenses may be sold each license year.

(2) Nonresident class B-1 upland game bird hunting licenses will be sold on a first come, first served basis.

(3) This rule is effective for the March 1, 2002, license year.

(1) "Hacking" means the reintroduction of peregrine falcons into their former range by any process to allow natural physical conditioning of eyasses or young birds of prey taken from the nest before they can fly or hatched in captivity. It may, for example, involve the use of a box or other structure suspended on a cliff face and through the top of which food and water are lowered to keep the falcons from associating people with food, until the young birds learn to fly and hunt on their own. It is the process of taking the captive birds or nestlings and facilitating their transition to a wild state using such methods as direct and cross-fostering.

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.

(a) The Montana department of fish, wildlife and parks, and fish, wildlife and parks commission provide for the stewardship of the fish, wildlife, parks and recreational resources of Montana, while contributing to the quality of life for present and future generations.

(2) Through Habitat Montana, the commission and department will establish a statewide wildlife habitat system which will conserve our wildlife resources and pass them intact to future generations.

(a) conservation of Montana's wildlife populations and natural communities via management strategies that keep them intact and viable for present and future generations; maintain wildlife population levels that sustain or enhance current recreational opportunities; and maintain diverse geographic distribution of native wildlife populations and their habitats;

(b) conservation of Montana's land and water resources in adequate quantity and quality to sustain ecological systems;

(c) implementation of habitat management systems that are compatible with and minimize conflicts between wildlife values and traditional agricultural, economic and cultural values. Habitat Montana will enhance Montana's quality of life and be compatible with the conservation of soil, water and existing biological communities.

(a) conserve and enhance land, water and wildlife;

(b) contribute to hunting and fishing opportunities;

(c) provide incentives for habitat conservation on private land;

(d) contribute to non-hunting recreation;

(e) protect open space and scenic areas;

(f) promote habitat-friendly agriculture; and

(g) maintain the local tax base, through payments in lieu of taxes for real estate, while demonstrating that productive wildlife habitat is compatible with agriculture and other land uses.

(a) moose and bighorn sheep habitat acquired with license auction funds;

(b) properties acquired in mitigation for habitat lost as a result of construction projects conducted by the Bonneville power administration and other agencies;

(c) waterfowl habitat.

�

(a) The department will identify specific staff responsible for implementation of Habitat Montana and establish procedures for accomplishing program goals.

(b) The department will develop draft criteria for identifying important habitats that are seriously threatened. The commission will adopt these criteria through a process that includes public review and comment.

(c) Utilizing the natural heritage database and information from other government agencies and cooperators, the department will identify habitat protection priorities within each eco-region. This analysis will recognize the contribution of habitat protected by other agencies and organizations. Regional habitat priorities will then be compiled into a consolidated statewide plan.

(d) The department will develop uniform guidelines for the preparation of site-specific management plans. These criteria will be applicable to management of lands in which the department acquires an interest and to cooperative habitat projects located on lands in other ownership.

(e) Prior to acquiring any interest in land for the primary purpose of securing wildlife habitat, the department will comply with the requirements of 87-1-241, MCA, by conducting an environmental assessment analyzing:

(i) the wildlife populations and use currently associated with the property;

(ii) the potential value of the land for protection, preservation, and propagation of wildlife;

(iii) management goals proposed for the land and wildlife populations and, where feasible, any additional uses of the land such as livestock grazing or timber harvest;

(iv) any potential impacts to adjacent private land resulting from proposed management goals and plans to address such impacts;

(v) any significant potential social and economic impacts to affected local governments and the state, including but not limited to impacts on:

(A) tax revenue available for the operation of taxing jurisdictions within the county;

(B) services required to be provided by local governments;

(C) employment opportunities within the counties;

(D) local schools; and

(E) private businesses supplying goods and services to the community.

(vi) a land maintenance program to control weeds and maintain roads and fences; and

(vii) any other matter considered necessary or appropriate by the commission.

(f) The department will develop monitoring and evaluation systems to track program success as well as the public's changing desires.

(g) It is preferable to acquire interests in habitat through conservation easement or lease. � However, the legislature has acknowledged that the willing seller will determine the manner by which such interest is obtained and thus has provided for acquisition by fee title as well. The most effective use of capital and operational funds must be determined on a case by case basis. � The commission encourages the department to utilize other methods such as land exchanges, conservation buyers and easement exchanges to meet the habitat Montana program objectives.

(h) The department will use certified appraisals or other appropriate analysis performed by department staff to determine the value of land or interest in land to be acquired.

(i) Funds for wildlife habitat acquisition shall be invested in habitat in a timely manner, as accrued.

(j) In some cases the mission of habitat Montana may be � most efficiently accomplished through actions of non-profit organizations, landowners, other government agencies, or through partnerships with such entities. � To gain the greatest value from partnership opportunities, the department will establish procedures for working cooperatively and non-competitively with them.

(k) The department will establish procedures to account for habitat Montana income and expenditures through the state accounting, budget, human resource system (SABHRS) . � In addition to project expenditures for which accounting reports are currently available, the department will account for administrative costs associated with implementation of this policy.

(l) The commission directs the department to emphasize continuing communication with the legislature, state land board and the public to maintain awareness of, and support for, habitat Montana.

(m) The commission expects to adopt a comprehensive statewide habitat plan, incorporating each of the above elements, prior to October, 1994. � The review process for this draft plan will include a public comment period of at least 60 days in length. (History: � 87-1-241, MCA; IMP , � 87-1-241, 87-1-242, MCA; NEW , 1994 MAR p. 3095, Eff. 12/9/94.)�

(a) name of the organization or individual applying;

(b) name of the person in charge of the organization's proposed upland game bird release project;

(c) the applicant's current mailing address;

(d) the applicant's current telephone number;

(e) the legal description of the release site;

(f) clear evidence of either ownership of the release site or landowner permission if the release site is not owned by the applicant;

(g) specific cover types and their percentages shall be provided with a habitat map or be delineated on a habitat map, natural resource conservation service (NRCS) conservation plan, or aerial photo covering the land on which the birds are to be released;

(h) the number of acres at the release site; and

(i) any other information deemed relevant by the department which is included on the project application form.

(1) The department will not authorize participation in the upland game bird release program for pheasants unless the proposed project meets the following requirements:

(a) all birds must be at least ten weeks of age at the time of release;

(b) no more than 40% of the birds released may be cocks;

(c) all birds must be fully feathered, appear healthy, uninjured, and have the ability for flight at the time of the release;

(d) applications for releases must be postmarked by January 15, and all releases must be made between August 1 and September 15;

(e) groups or individuals releasing birds on property they do not own must provide the department with written documentation from the landowner giving permission for the release, acknowledging the requirements of allowing free public hunting, and notifying the department whom payment should be made;

(f) releases may not be made in Fergus, Richland, or Roosevelt counties in order to provide a potential basis for evaluating the success of the program;

(g) all releases must be on land open to public hunting without the imposition of any monetary charge for such hunting privilege during the year of release. Release sites may be subject to use limitations but no fee may be charged in connection with the privilege to hunt on any release site;

(h) all release sites should contain a minimum of 160 contiguous acres under the ownership of the applicant or the person authorizing release. Release sites as small as 80 contiguous acres will be considered on a case-by-case basis and may be authorized if the acreage involved would provide a viable habitat base for the number of birds authorized to be released;

(i) within one mile of each release site, habitat must be available that consists of:

(i) at least 10% effective winter cover;

(ii) 25% idle cover such as undisturbed residual vegetation 10 or more inches high; and

(iii) 10% food sources, such as cultivated grain;

(j) certification of the genetic strain must be available from the commercial source of the eggs or chicks and must be provided, upon request, to the department by the applicant;

(k) all source stock must be purchased from an authorized National Poultry Improvement Plan (NPIP) hatchery;

(l) the department reserves the right to inspect the pheasant raising facilities and sample birds;

(m) the department reserves the right to refuse to stock or pay for any pen-reared pheasants that are observed to be in poor condition or health prior to or during release activities;

(n) habitat sites will be inspected by department personnel to determine the authorized number of birds that may be released. This number will be determined by:

(i) the availability of required habitat components within one mile of the release site; and

(ii) the number of birds that the area will support assuming one bird will require approximately three acres of habitat within a one-mile radius of the release site;

(o) banding of birds may be required in specified study areas;

(p) pen-reared pheasants may be assessed for overall health and general condition prior to and during release activities and the department maintains the right to refuse authorization of any pheasant release or payment for released pheasants if pheasants appear unhealthy prior to or during the release activity;

(q) all releases must be verified at the time of release by a department representative who will submit the verification form to the program coordinator for payment to the landowner or their designee;

(r) pheasant releases may occur annually within a five-year period starting from the first release. The department may fund additional releases for one additional five-year period if habitat improvements are established that address factors limiting pheasant numbers.

(2) The department may authorize the release of up to 200 pheasants per application.

(3) If the department is unable to fund all eligible applications, the department may:

(a) fund one eligible application per applicant;

(b) fund an equitable number of eligible applications for each applicant; and

(c) conduct a random drawing.

This rule has been repealed.

(a) all releases made will be of wild/free ranging stock that have been trapped in Montana or have been moved into Montana under the direction of the department;

(b) all releases outside of Flathead County will be Merriam's turkey only;

(c) eastern turkeys may be moved only within Flathead County;

(d) no new releases will take place until:

(i) an environmental assessment evaluating the release and the release site has been completed and approved by the commission; and

(ii) the department has secured agreements from adjacent landowners that would be affected by expanded populations indicating consent for the transplant and free public hunting for the species; and

(e) supplemental releases will require an evaluation by the department that will include but not be limited to:

(i) a history of previous releases;

(ii) justification for supplementing the existing population;

(iii) a legal description of the release site;

(iv) a legal description of the area that will be closed to public hunting until the population has become established (two-year minimum) ; and

(v) agreements from adjacent landowners that would be affected by expanded populations indicating consent for the transplant and free public hunting for the species.

(1) The department may enter into agreements to provide supplemental feeding for pheasants during extreme winter weather conditions in Sheridan, Daniels, and Roosevelt counties.

(2) The department will authorize supplemental feeding when 90% or more of the naturally occurring food sources are covered with snow and ice, such that pheasants are unable to obtain food for a period of five or more days.

(3) Supplemental feeding will be done only within areas 1/4 mile or closer to effective winter cover.

(4) The department shall not enter into agreements for supplemental feeding on lands leased or closed for hunting, on shooting preserves, or during open pheasant season.

(5) Feeding will stop when conditions moderate.

(6) Feeding operations will terminate no later than March 31.

(a) name of the organization or individual applying;

(b) name of the person in charge of the organization's proposed upland game bird habitat enhancement project;

(c) the applicant's current mailing address;

(d) the applicant's current telephone number;

(e) the legal description of the project area, including the habitat site and project access area;

(f) clear evidence of landowner's permission if the project area is not owned by the applicant;

(g) the number of acres included in the proposed project area, including the habitat site and the project access area;

(h) description of the proposed enhancement project including:

(i) agricultural activities;

(ii) grazing management;

(iii) tree and shrub plantings;

(iv) cover plantings;

(v) fencing; and

(i) any other information deemed relevant by the department and requested on the project application form.

(a) projects must be designed to establish, improve, or protect necessary habitat components such as nesting cover, effective winter cover, brood habitat, and food sources;

(b) projects should be located on a minimum of 100 acres but may be considered on lands less than 100 acres if land with guaranteed public access is within the project area of influence. All habitat components need not be under the ownership of the applicant if other of the necessary habitat components are present at suitable distances on adjacent ownerships;

(c) all projects must be implemented through lease, conservation easement, or contract using upland game bird habitat enhancement program cost-sharing with the private landowner, public land management agency, or other conservation partner;

(d) all projects must be open to public hunting for upland game birds for the duration of the project as defined in the contract or work plan. Reasonable use limitations on numbers of hunters and areas to be hunted may be allowed; however, user fees may not be charged. Projects located within a leased or commercial hunting operation will not be considered.

(a) current species distribution and the potential to increase numbers of upland game birds;

(b) species present on the project and species that would benefit from the project;

(c) the proximity and number of acres of similar or essential habitat components to the project;

(d) the current habitat characteristics and public access opportunities that comprise the project area of influence;

(e) the number of acres open to hunting;

(f) expected benefits for upland game birds and hunters from the proposed project;

(g) additional consideration may be given to projects that offer:

(i) longer initial contract terms, renewed terms of expired contracts, or a higher amount of landowner cost-share; or

(ii) land with special or unique components for enhancement.

(2) Projects may not interfere with or duplicate other state or federal assistance programs. However, projects specific to the matching portion of other state or federal assistance programs will be considered.

(3) Participation in federal farm programs, state agricultural programs, hunter management programs, the hunting access enhancement program, or other programs that provide for habitat or access enhancement does not preclude eligibility for applicants to also enroll property in the upland game bird enhancement program.

(2) The department may compensate individuals, agencies, or organizations for upland game bird habitat protection or enhancement accomplished through a lease, up to the fair market value of the lease.

(3) The department may compensate individuals, agencies, or organizations for upland game bird habitat protection or enhancement accomplished through a conservation easement, up to the fair market value of the easement. The organization, agency, or individual will be compensated only if the organization or individual holds title to the specified property.

(4) The following are costs limitations under the upland game bird habitat enhancement program:

(a) department costs for any project may not exceed $100,000 without commission authorization, and no project will be funded for more than $200,000;

(b) department expenses on any project for purchase of buildings or equipment will not exceed $25,000 and all equipment purchased by the department will remain property of the department;

(c) the department will cover no more than 50% of the cost of wells, pipelines, and roads; and

(d) expenditures related to maintenance activities are separate from project costs and are not administered or capped under statute.

(5) All requests for payment must be accompanied by invoices, receipts, or proof of expenses and include verification by department personnel that the work for which payment has been requested has been satisfactorily completed.

(2) "Habitat site" means the area where actual enhancement work will be accomplished, conserved, and maintained.

(3) "Maintenance" means a temporary activity necessary for the upkeep, repair, or enhancement of an existing or intended long-term habitat component as identified in the Upland Game Bird Habitat Enhancement Program contract or work plan.

(4) "Project" means the specific activity on a particular area over a specified period of time that intends to enhance or conserve upland game bird habitats or populations. Expenditures are administered and capped in statute.

(5) "Project area" means those specific acres identified in the contract that includes both the habitat site and project access area. Several projects may occur on a single project area.

(6) "Project access area" mean the legally defined property open to some level of public hunting as defined in a contract.

(7) "Project area of influence" means the land and associated game birds that may affect or may be affected by the habitat enhancement improvement or activity.

(8) "Project types" means the actual activities conducted to enhance upland game bird populations and include, but are not limited to shelterbelts, grazing systems, food plots, nesting cover, upland game bird releases, and supplemental feeding activities.

This rule has been repealed.

(2) The department investigates damage complaints and arranges to study the situation as soon as possible, and within 48 hours of the filing of the complaint. If the department person who received the complaint is unable to respond within 48 hours, he will immediately refer the complaint to the nearest department employee who can respond within a 48-hour period. Exceptions may be made if complainant is agreeable to a longer waiting period.

(3) The department investigates all damage complaints under this policy with the exception of (4) . A phone call or on-site visit constitutes an immediate response under this provision.

(4) Damage caused by nongame, furbearing, or federally listed threatened and endangered species is not covered by this policy, but is addressed on a case-by-case basis.

(5) In response to damage complaints qualifying for assistance under 87-1-225 , MCA, and ARM 12.9.803, a regional supervisor may address the problem in the following ways:

(a) by herding as a temporary measure;

(b) by employing a variety of animal dispersal methods, such as airplanes, snowmobiles, cracker shells, and scareguns;

(c) by using repellents as temporary solutions;

(d) by using fencing options if the problem is chronic and involves haystacks and other stored crops;

(e) by authorizing kill permits;

(f) the department, through the regional supervisor or designated staff, has the discretion to issue supplemental game damage licenses for antlerless animals to hunters as an alternative to a kill permit being issued to a landowner. Supplemental game damage licenses administrative procedures are outlined in ARM 12.9.805;

(g) damage hunts may be used to address site-specific damage problems in accordance with ARM 12.9.804;

(h) netting or mechanical devices may be used to reduce tree damage; and

(i) archery, shotgun, muzzle loader weapons, or other weapons may be used as an alternative hunting method when rifle hunting poses a threat to the safety and welfare of persons or property.

(6) Assistance may be denied or discontinued to a landowner who:

(a) creates or further contributes to game damage problems by not providing sufficient public hunting to aid in reduction of game populations;

(b) imposes other restrictions which prevent adequate harvests; or

(c) refuses reasonable suggestions, actions or remedies offered by the department. The decision to deny or terminate assistance will be made by the regional supervisor. Denial or discontinuance of assistance will be documented with the reasons, history and other pertinent information used to make that decision. A copy of the written decision will be provided to the landowner. The written decision will explain appeal rights.

(7) A landowner may appeal the denial or discontinuance of assistance to the director of the department. The appeal must be in writing and must contain specific reasons why the regional supervisor's decision is felt to be erroneous. The appeal must be filed within ten days following receipt of a denial or discontinuance determination from the regional supervisor.

(a) The director of the department will review the information used by the regional supervisor in making the initial determination and the reasons cited by the landowner for appealing the decision. At the director's discretion, the commission may be asked to review the appeal and make recommendations for the decision. Following the review, a final decision will be rendered by the director.

(a) species or sex of animals hunters are allowed to hunt;

(b) portion of land open to hunting;

(c) time period land is open to hunting;

(d) fees charged; or

(e) other restrictions that render harvestable animals inaccessible.

(2) The department may provide game damage assistance when unique or special circumstances render public hunting inappropriate.

(1) Damage hunts are carried out according to the following policies and procedures:

(a) during the season-setting process, the department requests that the commission tentatively approve a specified number of antlerless deer, antlerless elk, and doe/fawn antelope licenses for potential game damage occurring between August 15 and February 15; and

(b) if the regional supervisor determines that a damage hunt is necessary before, during, or after the general hunting season, the regional supervisor must obtain approval of the commissioner in whose district the game damage hunt is proposed prior to implementing the hunt. If the commissioner is not available, then the regional supervisor must obtain approval from the chair of the commission or, in the chair's absence, any other commissioner.

(2) The following conditions apply to game damage hunts:

(a) damage hunts may only occur between August 15 and February 15;

(b) damage hunts may be authorized when there are enough animals involved on the landowner's property to justify the use of public hunting, but numbers of animals and size of affected area does not qualify for implementation of a management hunt, as outlined in ARM 12.9.1101;

(c) damage hunts may be authorized when hunting will occur only on property where public hunting during the general season qualifies the property for game damage assistance under 87-1-225, MCA, and ARM 12.9.803 and on approved adjacent or nearby legally-accessible state or federal land;

(d) damage hunts may be authorized when the game damage is a recurring problem and animals causing the problem are normally unavailable during the general hunting season;

(e) a game damage hunt roster must be established in accordance with ARM 12.9.804A for use in identifying some or all of the hunters eligible to participate in game damage hunts. Eligible hunters may be identified through the game damage hunt roster, or the department may identify eligible hunters through other established means of hunter selection, including first-come, first-served advertised opportunities, unsuccessful special license or permit applicant lists, or lists of names supplied by landowners;

(f) if the department determines that it may be effective in helping achieve the objectives of the hunt, the department may request a list of names supplied by a landowner to use in addition to selecting hunters from the hunt roster or other established means of hunter selection;

(g) if the department chooses to use a list of names supplied by a landowner, no more than 25% of the total number of hunters authorized to participate in the hunt may come from the list;

(h) unless stated otherwise, participants in a damage hunt shall possess a valid unused license, permit, or damage hunt license or permit for the species being hunted;

(i) a person who is contacted by the department for the purpose of a damage hunt may waive the opportunity to participate, but may not be considered again until all other interested persons have been contacted;

(j) any weapons restrictions or area closures that apply during general hunting seasons to areas included in game damage hunts will also apply to hunting conducted during game damage hunts in those same areas;

(k) damage hunts may include the harvest of male and female game animals; and

(l) if harvest of antlered animals is authorized, lists of names supplied by landowners shall not be an authorized means of hunter selection.

(1) A game damage hunt roster will be used to provide a list of some or all of the hunters available to participate in game damage hunts and management hunts, according to the following procedures:

(a) hunters interested in participating in game damage hunts and management hunts will apply through the department web site between dates specified by the department annually. Hunters without internet access may apply at any department regional or Helena office. A roster will be established through a computerized random selection of applicant names, with roster results being made available online by a date specified by the department annually. If necessary, the department may establish additional sign-up periods;

(b) hunters may apply only for one antelope hunting district, one deer hunting district, and one elk hunting district;

(c) resident and nonresident hunters must possess a valid unused antelope, deer, or elk license or permit specific to the species being hunted to participate in a game damage hunt or management hunt; and

(d) nonresident hunters who possess a valid unused antelope, deer, or elk license may comprise up to 10% of the total game damage hunt roster pool of hunters for a specific game damage hunt or management hunt.

(2) If sufficient numbers of hunters to participate in a game damage hunt or management hunt for a hunting district cannot be identified from that district's game damage hunt roster, hunters on the roster from an adjacent hunting district may be selected.

(3) The department may also identify eligible hunters through other established means of hunter selection, including first-come, first-served advertised opportunities, unsuccessful special license or permit applicant lists, or lists of names supplied by landowners.

(1) To assist landowners who qualify for game damage assistance under the provisions of 87-1-225, MCA, the department, through the regional supervisor or designated staff, has the discretion to issue supplemental game damage licenses for antlerless animals to hunters as an alternative to a kill permit being issued to a landowner. Criteria used to determine when to issue a supplemental game damage license will include, but are not limited to, the following:

(a) the number of animals to be killed does not exceed 12;

(b) the animals causing the damage are present on the property during legal hunting hours;

(c) the circumstances make a game damage hunt under ARM 12.9.801 impractical;

(d) hunting is likely to be an effective way to remove animals causing damage;

(e) damage to be addressed occurs between August 15 and February 15, in accordance with ARM 12.9.801(1);

(f) each hunter will have sufficient opportunity to utilize licenses; and

(g) proposed harvest is consistent with regional wildlife management objectives.

(2) The department will specify the number of licenses to be issued, the species to be hunted, the time period in which the license may be lawfully used, and the property where the licenses may be used. The time period for which a supplemental game damage license is issued may be extended by the department. If continued damage requires harvest of additional animals, the department may issue additional supplemental game damage licenses upon approval by the regional supervisor.

(3) When the department authorizes the use of a supplemental game damage license, the landowner experiencing the game damage, subject to the provisions of 87-2-520, MCA, may designate some or all of the resident hunters to receive the supplemental game damage licenses by mailing or delivering in person a list of names with associated mailing addresses and phone numbers on a signed form provided by the department, to the department regional office, local biologist, or local game warden in the region where the game damage is occurring.

(4) When the department must designate resident or nonresident supplemental game damage license recipients, selection will be made using procedures defined in ARM 12.9.804A.

(5) Hunters hunting with supplemental game damage licenses are subject to Montana hunting laws and regulations.

(6) Regional supervisor will notify the commissioner in whose district damage is occurring whenever supplemental game damage licenses are authorized for issuance.

This rule has been repealed.

This rule has been transferred.

The following definition applies to this subchapter:

(1) "Contractual public elk hunting access agreement" or "EHA agreement" means a negotiated agreement between the department and a landowner which defines how free public elk hunting may occur on land enrolled under the agreement.

This rule has been repealed.

This rule has been repealed.

(1) Elk hunting access applications must be submitted on a form prescribed by the department, and only complete applications will be accepted.

(2) Elk hunting access applications must be received on or before May 1. Any elk hunting access application received after May 1 is ineligible for commission consideration.

(3)  All complete elk hunting access applications, draft EHA agreements, and hunter/landowner satisfaction data from the prior year will be presented to the commission for consideration in their decision.  Specific landowner, landowner designee, and public hunter contact information, such as their email address, phone number, and ALS number, will be redacted.

(4)  The commission reserves the right to reject elk hunting access applications or deny the issuance of permits and or licenses, or both, under this program.

This rule has been repealed.

(2) "Historically occupied range" means the area encompassed by the outer limits of the historic distribution of a species. The historic range of the black-tailed prairie dogs is depicted on page 12 of the "Conservation Plan for Black-tailed and White-Tailed Prairie Dogs in Montana" published in 2002. This document is posted on the department web page http://fwp.mt.gov.

(3) "Presumed sylvatic plague" means that visual observation indicates evidence of numerical declines in prairie dog numbers in the absence of poisoning or other known sources of prairie dog mortality.

(4) "Receiving area" means the site to which prairie dogs are relocated.

(5) "Sending area" means the site where prairie dogs are currently located and from which prairie dogs may be removed for relocation to another site.

(6) "Translocation" means removing prairie dogs from one location to a new location with the intent to permanently establish them at the new location.

(2) The sending/receiving area proponents shall provide a translocation proposal to the department regional supervisor (or both regional supervisors if more than one department administrative region is involved) .

(3) A proposal for translocation of prairie dogs must conform to the Montana Environmental Policy Act (MEPA) and must include the following information:

(a) name(s) of the willing owner(s) of the sending area and name(s) of the willing owner(s) of the receiving area;

(b) a map illustrating land ownership and public lands leases, for thesending area and land ownership and public land leases within a six-mile radius of thereceiving area;

(c) a rationale explaining the need for and the objectives of the translocation, and an explanation of why relocation of prairie dogs from the sending area to the receiving area is desirable;

(d) evidence that landowners and/or public land managers within a six-mile radius of thereceiving area have been notified by certified mail of the proposed translocation of prairie dogs. Any comments by these potentially affected landowners and/or public land managers regarding the proposed translocation must be included in the proposal;

(e) a description of both the sending and receiving areas which should include, but are not limited to, the following:

(i) general topography;

(ii) vegetation types;

(iii) landscape setting; and

(iv) a discussion of recent and historic occupancy of the area by prairie dogs, incidence of disease, past poisoning efforts if known, presence or absence of other associated species in the area for both the sending and the receiving areas, and any other information supporting the ultimate success of the translocation such as site preparation or natural habitat features that promote retention of translocated prairie dogs and that are conducive to long-term maintenance of prairie dogs and other wildlife species associated with prairie dogs;

(f) a description of potential threats to other wildlife species and to agricultural production that may occur as a result of the proposed translocation. The proposal must contrast potentially significant threats with potential benefits;

(g) measures the applicant(s) intends to use to minimize potential threats to other wildlife species and to agricultural production;

(h) a description of how the trapping and transport guidance criteria of ARM 12.9.1010 will be met;

(i) a description of how the monitoring plan criteria of ARM 12.9.1020 will be met;

(j) a description of how the conflict resolution plan of ARM 12.9.1025 will be met;

(k) a statement indicating whether the sending and receiving areas have been prioritized by the department regional office; and

(l) copies of any documents required for environmental compliance (including public notification) or permits required by federal, state and/or local government.

(4) Translocation of prairie dogs from federal land to federal land within a national wildlife refuge will be coordinated in advance with the appropriate department administrative region. Translocation of prairie dogs originating from outside a national wildlife refuge, to areas within a refuge, will follow the procedures established by this subchapter.

(1)�An area may qualify as a sending area when one or more of the following conditions exist at the sending area:

(a)�the landowner/public land manager needs or desires to reduce prairie dog density or overall acreage of prairie dog towns;

(b)�the area supports sufficient acres and density of prairie dogs to provide donor stock without significantly impacting prairie dog density or overall acreage of prairie dogs;

(c)�the presence of prairie dogs conflicts with urban expansion or agricultural production and there is little to no opportunity to reconcile conflicts between these land uses and prairie dog occupancy; or

(d)�prairie dog colonies are threatened by lethal control.

(a) prairie dogs occupied the area historically, and the area is now vacant prairie doghabitat;

(b) the area contains an isolated prairie dog population or is isolated prairie dog habitat;

(c) the area is below prairie dog management objectives and where augmentation is a management strategy;

(d) the area contains suitable habitat within the historic distribution of prairie dogs but where previous occupation by prairie dogs is not documented; or

(e) the area complies with (1) (a) through (d) and where additional prairie dog colonies or increased prairie dog density will assist enhancement of prairie dogs and associated species that are rare or declining.

(2) Prairie dogs may not be moved to a location outside their historically occupied range.

(1) For each translocation, project monitoring must be conducted at the receiving area.

(2) A monitoring plan must be included with or attached to the translocation proposal. The department or the Montana prairie dog working group will provide assistance if requested. The monitoring plan must contain the following:

(a) a description of the methodology and time lines of data collection;

(b) a description of the amount of acreage occupied by prairie dogs at the receiving area prior to the release;

(c) a description of any habitat that prairie dogs previously occupied but that is vacant at the time of the translocation;

(d) a description of any other baseline habitat information pertaining to the release;

(e) provisions for one-year and three-year post-release assessments. These assessments must compare translocation results with the baseline inventory and must be provided to the department; and

(f) a provision for assessment of the translocation's success by comparing results of the translocation to the objectives stated in the translocation proposal, and the requirements of this subchapter.

(a) potential conflicts with private lands or public lands adjacent to the receiving area, including conflicts with agricultural production;

(b) solutions that will be implemented to resolve conflicts with agricultural production and other landowner conflicts, including identification of the person(s) /party(s) responsible for implementing proposed solutions;

(c) potential conflicts between prairie dogs and other wildlife species;

(d) solutions that will be implemented to resolveconflicts between prairie dogs and other wildlife species, including identification of the person(s) /party(s) responsible for implementing proposed solutions; and

(e) a statement signed by the landowner/land manager at the receiving area that acknowledges responsibilities to other landowners/land managers that will be incurred upon translocation of prairie dogs, and commitment to implement all provisions of the conflict resolution plan.

(1) Persons who have department approval to translocate prairie dogs shall comply with the following criteria when capturing and transporting prairie dogs:

(a) prairie dogs may be captured and translocated between the dates of June 30 and October 31. Prairie dogs shall not be moved earlier or later than this time period unless a written exception is granted by the regional supervisor;

(b) persons translocating prairie dogs shall attempt to capture an entire town or portion of a town in order to move entire family units together;

(c) a translocation group shouldconsist of at least 100 black-tailed prairie dogs or 30 white-tailed prairie dogs. Permissionto translocate a smaller number of individuals may begranted by the regional supervisor;

(d) persons authorized to translocate prairie dogs shall monitor the sending and receiving areas for sylvatic plague as outlined in ARM 12.9.1035 and must notify the department immediately if presumedplague is noted;

(e) any prairie dogs that become sick or die during transport shall be examined by a qualified individual. If there is a possibility that plague is implicated in the cause of death, the entire group of animals shall be placed and remain under quarantine while the animal(s) in question is referred to a laboratory to determine whether plague is the cause of the sickness. If sylvatic plague is confirmed, the sylvatic plaque precautions described in ARM 12.9.1035 and the quarantine procedures described in ARM 12.9.1040 must be followed.

(2) The white-tailed prairie dog is the only species of prairie dog that may be translocated from a sending area outside of Montana to a receiving area within Montana. White-tailed prairie dogs from sending areas outside of Montana must be quarantined under the procedures established by ARM 12.9.1040.

(2) At a minimum, sending and receiving areas must be monitored 14 days prior to trapping and againwithin 48 hours of trapping to determine whether any evidence of plague is present.

(3) If presumedplague is indicated at a sending or receiving area, the department must be notified immediately and the translocation proposal may be altered or cancelled.

(4) Prairie dogs may not be transported from a sending area within five miles of a site with presumed or confirmed sylvatic plague for a minimum of one year after the site was presumed or confirmed to have plague.

(5) Where there is no evidence of presumed or documented plague, or if the receiving area is within 50 miles of the sending area, quarantine is unnecessary if the following conditions are met:

(a) there is no evidence of numerical declines in population numbers that would suggest plague;

(b) pre-capture monitoring at the sending site 14 days prior and within 48 hours prior to trapping indicates no evidence of rapid or unexplained declines in prairie dog numbers or the presence of prairie dog carcasses that would signal presumed plague; and

(c) prairie dogs are treated for fleas at the capture area with carbaryl, permethrin, or other appropriate pulicide.

(2) Cages in quarantine facilities must be suspended by wires or chains at least one meter off the ground and separated from adjacent cages by a minimum of 60 centimeters.

(3) Animals placed in quarantine cages must remain in the same cages for the duration of the quarantine. Animals that are not part of the original group under quarantine must not be placed in cages within the quarantined group or in adjacent cages.

(4) Prairie dogs that die during the 14-day quarantine period must be necropsied and tested for plague.

(5) If plague is discovered within the group under quarantine, the group of animals must be kept in quarantine for an additional 14 days.

(1) The translocation proposal must comply with ARM 12.9.1005, 12.9.1010, 12.9.1015, 12.9.1020, 12.9.1025, 12.9.1030, 12.9.1035, and 12.9.1040 and must undergo public review in accordance with MEPA. The department regional supervisor shall review prairie dog translocation proposals and render a final decision in writing within 30 days of the conclusion of a decision process that complies with MEPA. If a translocation proposal affects more than one region, the regional supervisor of each region affected by the proposal must sign the final decision.

(2) If a regional supervisor(s) denies a translocation proposal, the written decision must include an explanation of any deficiencies or inconsistencies in the proposal pertaining to the proposal criteria required by ARM 12.9.1005.

(3) Regional supervisors shall maintain a list of potential sending areas and receiving areas that have been identified by private landowners, land management agencies, tribes, and other interests.

(4) The Montana prairie dog working group may review areas for prioritization, and inclusion on the list of approved areas as requested by the department.

(1) Proponents or opponents of the translocation proposal may appeal a department decision to deny or approve a translocation proposal. The proponent or opponent shall prepare a written appeal and submit this appeal to the director within 30 days of the date of the department decision denying or approving the translocation proposal. The appeal must respond to the proposal deficiencies or inconsistencies cited in the regional supervisor's denial of the proposal.

(2) The director shall prepare a written response to the appeal within 30 days of receipt. The response must affirm or remand the regional supervisor's decision.

(1) A management hunt may be implemented on lands eligible for assistance. A management hunt is a proactive measure to prevent or reduce potential damage caused by large concentrations of game animals resulting from seasonal migrations, extreme weather conditions, restrictive public hunting access on adjacent or nearby properties, or other factors. The department shall make determinations of eligibility based on the criteria set out in this rule. To qualify for a management hunt, a landowner must allow public hunting or not significantly reduce public hunting through imposed restrictions during established hunting seasons, including the general big game season. For eligibility, public hunting must be allowed at levels and in ways sufficient to effectively aid in management of area game populations. Restrictions that may significantly restrict public hunting include:

(a) species or sex of animals hunters are allowed to hunt;

(b) portion of land open to hunting;

(c) time period land is open to hunting;

(d) fees charged; and

(e) other restrictions that render harvestable animals inaccessible.

(2) If the regional supervisor determines that a management hunt is necessary before, during, or after the general hunting season, the regional supervisor must obtain the approval of the commissioner in whose district the management hunt is proposed prior to implementing the hunt. If the commissioner is not available, then the regional supervisor must obtain approval from the chair of the commission, or in the chair's absence, any other commissioner.

(3) Management hunts may be implemented under the following conditions:

(a) hunting occurs during the time period August 15 through February 15;

(b) the hunt will provide for dispersal and limited harvest of animals;

(c) hunting may include opportunities for specified numbers of hunters to harvest either-sex and antlerless game animals;

(d) size of affected area and number of animals exceeds that which can be more appropriately addressed through game damage measures outlined in ARM 12.9.802;

(e) hunting will occur only on lands eligible for assistance under (1) and approved legally-accessible state or federal land; and

(f) any weapons restrictions and area closures that apply during general hunting seasons to areas included in management hunts will also apply to hunting conducted during management hunts in those same areas.

(4) Some or all hunters eligible to hunt during a management hunt may be selected from the game damage hunt roster under procedures outlined in ARM 12.9.804A. The department may also use other established means of hunter selection, including first-come, first-served advertised opportunities, unsuccessful special license or permit applicant lists, or lists of names supplied by landowners.

(5) If the department determines that it may be effective in helping achieve the objectives of the hunt, the department may request a list of names supplied by a landowner to use in addition to selecting hunters from the hunt roster or other established means of hunter selection.

(6) If the department chooses to use a list of names supplied by a landowner, no more than 25% of the total number of hunters authorized to participate in the hunt may come from the list.

(7) If antlered animals are authorized for harvest, lists of names supplied by landowners shall not be an authorized means of hunter selection.

(a) a liberal general season deer or elk management package has been in place for two consecutive years, including the year in which the extension is proposed. A liberal season package is established when populations observed in department surveys exceed management objectives. Season packages for deer and elk are numerically described in the department's current Deer and Elk Plans;

(b) elk populations are 20% or more over the current department Elk Plan population objectives as determined by department survey, or deer populations are 20% - 30% over the current department Deer Plan population objectives as determined by department survey and as specifically identified in the five ecotypes described in the Deer Plan;

(c) public hunting access during the five-week general hunting season was at levels necessary to accomplish harvest management objectives, but management objectives were still not achieved; and

(d) weather conditions during the fall hunting season result in a harvest that was substantially below the desired level in districts that are over objective. Evaluation of harvest may include, but is not limited to, field observations, check stations, weather conditions, or public comments.

(2) Additionally, the commission may consider season extensions in the event of severe winter weather conditions, and these conditions create a situation where game damage complaints occur across multiple hunting districts or represent real opportunity to secure additional needed harvest in districts that are over objective.

(3) A hunting season extension may begin the day after the close of the general fall hunting season and shall close no later than February 15. If direct harvest reaches levels that are projected to bring the deer and elk populations near population objectives, as indicated by one or more game checking stations located in the area of the hunting season extension, the commission shall close a season that it has extended.

(4) When the commission determines that a season extension is appropriate, the extension must be applied on an aggregate of hunting districts or regional basis, and the hunt area must be large enough to prevent hunter overcrowding. Season extensions may not be applied in situations where individual properties or small portions of hunting districts are involved and where existing game damage procedures more appropriately apply.

(5) The commission shall extend hunting seasons according to the following procedures:

(a) at the end of the fourth week of the general big game hunting season, a regional committee, located within the pertinent administrative region and appointed by the respective regional supervisor, shall consider the criteria listed in (1)(a) through (1)(d) or (2) to determine whether or not season extensions are warranted;

(b) the committee shall present its recommendation to the regional supervisor for approval; and

(c) if the regional supervisor and director approve the hunting extension, the department shall present the recommendation to the local commissioner representing the area where the season extension is proposed for review and final approval. In the absence of the local commissioner, the department shall present the recommendation to the commission chair for review and final approval.

(1) The department has management authority of the gray wolf, a resident native wildlife species, and is dedicated to the conservation of wolf populations within the state of Montana. Pursuant to the definition of management under the Nongame and Endangered Species Conservation Act, 87-5-102, MCA, the department will implement conservation and management strategies to make sure that wolves continue to thrive and are integrated as a valuable part of Montana's wildlife heritage. The department will manage wolves to ensure that recovery criteria are met or exceeded. Montana will ensure maintenance of at least 15 breeding pairs and assist natural dispersal and connectivity between gray wolf populations in Canada, Montana, Idaho, and Wyoming. The department uses an adaptive management framework for the gray wolf, meaning that if the statewide number of wolves exceeds 15 breeding pairs, the department may, as outlined in these rules, approve lethal control of wolves. If there are fewer than 15 breeding pairs, the department will allow only conservative management of the wolf populations so that the number of breeding pairs does not go below 10 but may still approve lethal control. These rules set out the comprehensive structure governing control of the gray wolf so that all control actions fall within the department's adaptive management considerations. The commission has authority, when the statewide number of wolves exceeds 15 breeding pairs, to adopt a harvest season for wolves and will exercise that authority as part of the adaptive management framework for the gray wolf. The department's management decisions will be guided by the principles of maintaining and enhancing Montana's contribution to the overall northern Rocky Mountain gray wolf population and the gray wolf's connectivity between contiguous populations in Canada, Idaho, Montana, and Wyoming.

The following definitions apply to this subchapter:

(1) "Adaptive management" means wolf conservation and management strategies that will maintain a recovered population and ensure natural connectivity and genetic exchange among the wolf populations in Canada, Montana, Idaho, and Wyoming. It establishes resource objectives such as maintenance of a recovered population; it monitors progress towards meeting those objectives; and it adjusts management decisions to meet these resource objectives. Adaptive management directs selection of more conservative or liberal management tools, accordingly. Adaptive management allows the department a full range of tools to ensure a recovered and connected population.

(2) "Agency" means the Department of Fish, Wildlife and Parks or another agency of government authorized by the Department of Fish, Wildlife and Parks through an interagency cooperative agreement.

(3) "Attacking" means the actual biting, wounding, or grasping of livestock or domestic dogs.

(4) "Breeding pair" means an adult male and an adult female wolf with at least two pups on December 31 as referenced in the Montana Gray Wolf Conservation and Management Plan.

(5) "Confirms", "confirmed", or "confirmation" means an incident where the department or USDA Wildlife Services determines through a field investigation of dead or injured livestock that there is reasonable physical evidence that the animal was actually attacked and/or killed by a wolf. The primary confirmation would ordinarily be the presence of bite marks and associated subcutaneous hemorrhaging and tissue damage, indicating that the attack occurred while the victim was alive, as opposed to simply feeding on an already dead animal. Spacing between canine tooth punctures, feeding pattern on the carcass, fresh tracks, scat, hairs rubbed off on fences or brush, and/or eye witness accounts of the attack may help identify the specific species or individual responsible for the depredation. Predation might also be confirmed in the absence of bite marks and associated hemorrhaging (i.e., if much of the carcass has already been consumed by the predator or scavengers) if there is other physical evidence to confirm predation on the live animal. This might include blood spilled or sprayed at a nearby attack site or other evidence of an attack or struggle. There may also be nearby remains of other victims for which there is still sufficient evidence to confirm predation, allowing reasonable inference of confirmed predation on the animal that has been largely consumed.

(6) "Habituated" means readily visible in close proximity to people or structures on a regular basis; not threatened by close proximity and may even be attracted to human presence or human food sources; extremely rare behavior in wild wolves, but typical behavior for released captive wolf or wolf-dog hybrid; for wolves, may or may not involve food conditioning.

(7) "Intentional harassment" means the deliberate and preplanned harassment of a wolf by less than lethal munitions, including but not limited to, 12 gauge shot gun rubber bullets and bean bag shells, that are designed to cause physical discomfort and temporary physical injury but not death. Intentional harassment may also include other devices intended to make noise such as 12 gauge shot gun cracker shells, RAGG boxes, propane cannons, or sirens.

(8) "Lethal control" means killing a wolf except for hunting or trapping by the public as authorized by the commission as part of a regulated public harvest.

(9) "Livestock" means bison as defined in 81-1-101, MCA, cattle, calf, hog, pig, horse, mule, sheep, lamb, llama, goat, herding or guarding animals, rhea, emu, ostrich, donkey, and certain breeds of dogs commonly used for herding or guarding livestock.

(10) "Nonlethal control" means actions intended to decrease the risk of conflict that does not injure or kill a wolf.

(11) "Opportunistic hazing in a noninjurious manner" means harassment, without the conduct of prior purposeful actions, such as yelling and radio activated noise makers, or use of firearms to scare or discourage a wolf in a way that does not injure or kill the wolf.

(12) "Potential threat" means those wolves in immediate proximity to human dwellings, livestock, or domestic dogs.

(13) "Problem wolf" means a wolf that has been confirmed by the department or USDA Wildlife Services to have attacked or been in the act of attacking livestock within the past 45 days.

(14) "Threatening to kill" means the actual chasing, testing, molesting, harassing of livestock or livestock herding/guarding animals that would indicate to a reasonable person that an attack was imminent.

(15) "USDA Wildlife Services" means the Wildlife Services Division of the United States Department of Agriculture, Animal and Plant Health Inspection Service.

(1) These rules address when and how the department may carry out nonlethal and lethal control of wolves.

(2) To undertake control actions that are consistent with this rule, the department may:

(a) take control actions;

(b) authorize USDA Wildlife Services pursuant to an interagency cooperative agreement;

(c) authorize the Department of Livestock pursuant to an interagency cooperative agreement; or

(d) issue permits to individuals pursuant to ARM 12.9.1305.

(3) The department is responsible for the status, conservation, and management of the gray wolf population as a state species in need of management, game animal, or a furbearer as guided by administrative rules and statutes.

(4) Control of the gray wolf by an agency or an individual may include nonlethal and lethal actions. Specific control actions shall connect in both time and location to a wolf or wolves with the highest likelihood of having injured or killed the livestock.

(5) The department shall take an incremental approach to lethal control.

(6) Killing or harassing a wolf not in conformance with these rules is subject to criminal penalties pursuant to 87-5-106, 87-5-111, 87-6-201, and 87-6-203, MCA, as applicable.

(1) Control of the gray wolf includes a variety of nonlethal management activities intended to decrease risk of, prevent, or resolve a conflict without killing the wolf in question. Allowable nonlethal control activities include, but are not limited to:

(a) husbandry practices including, but not limited to, electric fencing, increased human presence, fladry, herding or guarding animals, night pens, shed lambing, carcass removal, alternative pastures, amended pasture or grazing rotations, or supplemental feed;

(b) placement of a radio collar to facilitate increased monitoring of the pack;

(c) opportunistic hazing in a noninjurious manner;

(d) intentional harassment;

(e) department discouraging wolves from denning in a particular location;

(f) carcass removal or electric fencing of bone yards (e.g., localized livestock disposal sites which attract a variety of scavengers); and

(g) working with interested individual livestock owners and private landowners, watershed groups, interested groups, state and federal land managing agencies, USDA Wildlife Services, and the Montana Livestock Loss Board and its coordinator to provide technical assistance and to assist with selection and implementation of proactive nonlethal controls on both public and private lands when and where livestock are present, either seasonally or yearlong.

(2) The department will also work with others to better understand the effectiveness of nonlethal activities to prevent or decrease the likelihood of wolf-livestock conflicts.

(1) The commission delegates its authority to the department to authorize lethal control of problem wolves. The department may authorize the following to conduct lethal control of problem wolves:

(a) the department;

(b) USDA Wildlife Services pursuant to an interagency cooperative agreement that outlines the procedures for verifying the needs for lethal control and as part of a coordinated agency response;

(c) Department of Livestock pursuant to an interagency cooperative agreement that outlines the procedures for verifying the needs for lethal control and as part of a coordinated agency response;

(d) a livestock owner, immediate family member, employee, or other person authorized by the department with a permit issued by the department under the conditions authorized and specified on the permit;

(e) control to protect human safety; or

(f) control pursuant to 87-1-901, MCA.

(2) The department may authorize lethal control of a problem wolf, after considering the number of breeding pairs within the state and other factors in these rules.

(3) Before considering lethal control of a problem wolf for livestock conflict, the department or USDA Wildlife Services shall conduct the following investigation:

(a) the department or USDA Wildlife Services will conduct a field investigation to determine if the death of the livestock was due to natural causes or a predator; and

(b) if a predator killed the livestock, the department or USDA Wildlife Services will examine the evidence at the scene to determine if a wolf was responsible.

(4) The department has the discretion to lethally remove or authorize removal of a gray wolf if the department determines that the wolf is:

(a) bold;

(b) food conditioned;

(c) habituated to humans or livestock;

(d) demonstrating abnormal behavior patterns or physical characteristics indicative of a wolf-dog hybrid or of captive origin; or

(e) posing an immediate or ongoing threat to human safety.

(5) Pursuant to 87-5-109, MCA, the director of the department may permit killing, possessing, transporting, or exporting of a wolf for scientific, zoological, or educational purposes.

(6) The department may kill or remove a sick, injured, or diseased wolf.

(7) To further conservation of the species, the department may capture and translocate a wolf or use other human assisted techniques.

(8) The department may authorize a livestock owner, immediate family members, or employees by a permit to take a problem wolf under the following circumstances and conditions as part of a coordinated agency response to confirmed livestock damage due to wolves:

(a) when the department or USDA Wildlife Services confirms that a wolf killed the livestock;

(b) when the department or USDA Wildlife Services determines that the wolf was not purposefully or intentionally fed or baited to a site;

(c) the permit may last for a maximum of 45 days from the date the department or USDA Wildlife Services confirms the wolf caused damage and any wolf killed within the 45 days will be counted towards the number specified on the permit;

(d) the permit expires when the total desired number of wolves are removed by the combined action of the department, USDA Wildlife Services, and individuals named on the permit, or at the end of the 45 days, whichever is first;

(e) within 24 hours, a person must report to the department killing or injuring a wolf under a permit;

(f) to preserve the physical evidence, the permittee shall leave the carcass of any wolf killed where it lay, and shall not disturb the area surrounding the carcass; and

(g) surrender the carcass to the department.

(9) The permit must specify:

(a) its duration and expiration date;

(b) total number of wolves that may be lawfully killed through the combined actions of the individuals named on the permit or other department authorization and the department or USDA Wildlife Services;

(c) the geographic area where the permit is valid; and

(d) that wolves may be killed from the ground and in a manner that does not entail the use of intentional live or dead baits, scents, or attractants or deliberate use of traps or snares, or poisons; or use of radio telemetry equipment.

(10) As allowed by 87-1-901 and 87-6-106, MCA, any person may kill without permit or license a wolf that is attacking, killing, or threatening to kill a person or livestock, or that is in the act of attacking or killing a domestic dog. A person may not intentionally bait a wolf with domestic dogs or livestock for the purpose of killing the wolf.

(a) This person shall notify the department within 72 hours, preserve the scene, leave the carcass where it was killed until the department investigates the scene, and surrender the carcass to the department. USDA Wildlife Services will investigate and determine the cause of any injured or dead livestock.

(11) A landowner or landowner agent, pursuant to 87-1-901, MCA, may take a wolf on the landowner's property without permit or license when the wolf is a potential threat as defined in ARM 12.9.1302 until the quota established by the commission under 87-1-901, MCA, is met.

(a) This landowner or landowner's agent shall:

(i) notify the department within 24 hours;

(ii) preserve the scene;

(iii) leave the carcass where it was killed until the department investigates the scene; and

(iv) surrender the hide, skull, and carcass to the department.

(b) Any take after the quota established by the commission under 87-1-901, MCA, is met is subject to criminal penalties pursuant to 87-5-106, 87-5-111, 87-6-201, and 87-6-203, MCA, as applicable.

(1) Whereas, the Montana Fish and Game Commission has management authority for the grizzly bear, a resident wildlife species, and is dedicated to the preservation of grizzly bear populations within the state of Montana; and

Whereas, the secure habitat for the grizzly has been greatly reduced as a result of the human development and population growth from 1850 through 1950 in the bear's traditional range in all western states; and            

Whereas, a significant portion of the remaining grizzly bear habitat and population is located in Montana and these Montana populations occur in wildlands such as wilderness, primitive areas, de facto wilderness areas, national forests, national parks, Indian reservations, and seasonally, on adjacent private lands.

Now, therefore, in order to promote the preservation of the grizzly bear in its native habitat, the commission establishes the following policy guidelines for the Montana department of fish, wildlife, and parks action when dealing with grizzly bear.

(a) Habitat. The department shall work to perpetuate and manage grizzly bear in suitable habitats of this state for the welfare of the bear and the enjoyment of the people of Montana and the nation. In performing this work the department should consider the following:

(i) the commission has the responsibility for the welfare of the grizzly and advocates the protection of the bear's habitat;

(ii) management of Montana's wildlands, including the grizzly bear habitat, is predominantly, but not exclusively, a responsibility of various federal agencies and private landowners;

(iii) land use decisions made by these agencies and individuals affect grizzly bear habitat, thus cooperative programs with these agencies and individuals are essential to the management of this species;

(iv) preservation of wildlands is critical to the protection of this species and the commission advocates wildland preservation in occupied grizzly bear habitat; and

(v) while some logging may not be detrimental to grizzly habitat, each logging sale in areas inhabited by grizzly bear should be carefully reviewed and evaluated.

(b) Research. It is recognized by the commission that research on the habitat requirements and population characteristics of the grizzly bear is essential for the welfare of the species. Departmental research programs and proposals directed at defining those habitat requirements, are encouraged and supported.

(c) Hunting and recreational use. The commission recognizes its responsibility to consider and provide for recreational opportunities as part of a grizzly bear management program. These opportunities shall include: sport hunting, when deemed appropriate; recreational experiences; aesthetics of natural ecosystems; and other uses consistent with the overall welfare of the species.

(i) The department should consider the variability of values between individuals, groups, organizations, and agencies when management programs for various grizzly bear populations are developed.

(ii) Sport hunting is considered the most desirable method of balancing grizzly bear numbers with their available habitat, minimizing depredations against private property within or adjacent to grizzly bear habitat, and minimizing grizzly bear attacks on humans.

(d) Depredations. Contacts between grizzly bear and humans, or property of humans, require delicate handling and careful consideration. When these contacts reach the stage for definite action, the following actions should be carried out:

(i) Grizzly bear, in the process of threatening or endangering human life, shall be captured or dispatched immediately.

(ii) Where no immediate threat to human life exists, individual bear encounters with humans shall be evaluated on a case-by-case basis and when the attack is abnormal or apparently unprovoked, the individual bear involved shall be captured or dispatched.

(iii) When the attack is normal (e.g., a female defending her cubs, any bear defending its food, or any bear defending itself) but the situation leads itself to no reasonable possibility of leaving the bear in place, then the bear should be removed.

(iv) Grizzly bears that do not directly endanger human life but that are causing non-livestock related property losses shall be evaluated on an individual case basis.

(v) Where removal is determined to be the best resolution to the problem, depredating or nuisance bear shall be trapped, and if determined to be suitable for transplanting, shall be marked and released in suitable habitat previously approved with appropriate land management agencies.

(vi) Reasonable efforts shall be made to inform the public of the transplant program, fully explaining the reasons for the capturing and locations of the release area.

(vii) Upon request by an authorized scientific investigative agency or public zoological institution, a captured bear may be given to that agency or institution for appropriate nonrelease research purposes. A reasonable charge may be required to cover costs of handling.

(e) Depredating grizzly bear that are not suitable for release or research because of old age, acquired behavior, disease, or crippling, shall be killed and sent to the department's research facilities for investigation. The public shall be fully informed when these actions are taken and the reasons for these actions shall be fully explained.

(f) Coordination. The department shall consult with appropriate federal agencies and comply with applicable federal rules and regulations in implementation of this policy.

(1) Upon delisting from the Endangered Species Act, management of the grizzly bear and its habitat in the Northern Continental Divide Ecosystem (NCDE) will be guided by the Conservation Strategy for Grizzly Bears in the Northern Continental Divide Ecosystem (NCDE Conservation Strategy). The department and federal land management agencies will endorse and commit themselves to the NCDE Conservation Strategy by entering into a memorandum of understanding detailing their agreement to implement it. The department will be a signatory to the implementation memorandum.

(2) The department and the commission shall, within their lawful authority to do so, maintain the recovered status of the grizzly bear in the NCDE by implementing interagency cooperation, population and habitat management and monitoring, and other provisions of the NCDE Conservation Strategy in accordance with the responsibilities described therein.

(3) As described in the NCDE Conservation Strategy, the commission adopts the following demographic objectives. The department shall:

(a) maintain a well-distributed grizzly bear population within the demographic monitoring area as described in the NCDE Conservation Strategy and maintain the documented presence of females with offspring in at least 21 of 23 bear management units of the primary conservation area and in at least six of seven occupancy units of Zone 1 at least every six years. Adherence to this objective will be evaluated by monitoring the presence of females with offspring (cubs, yearlings, or 2-year-olds) within defined geographic units of the NCDE;

(b) manage mortalities from all sources, including hunting and the loss of grizzly bears by translocation out of the NCDE, to support an estimated probability of at least 90% that the grizzly bear population within the demographic monitoring area remains above 800 bears, considering the uncertainty associated with all of the demographic parameter and further manage mortality against a 6-year running average within the following threshold objectives:

(i) maintain estimated annual survival rate of independent females within the demographic monitoring area of at least 90% and a rate at or above the minimum level consistent with a projected probability of at least 90% that the population within the demographic monitoring area will remain above 800 bears based on population modeling;

(ii) limit annual estimated number of total reported and unreported mortalities of independent females within the demographic monitoring area to a number that is no more than 10% of the number of independent females estimated within the demographic monitoring area based on population modeling and a number that is at or below the maximum level consistent with a projected probability of at least 90% that the population within the demographic monitoring area will remain above 800 bears based on population modeling; and

(iii) limit annual estimated number of total reported and unreported mortalities of independent males within the demographic monitoring area to a number that is no more than 15% of the number of independent males estimated within the demographic monitoring area based on population modeling;

(c) monitor demographic and genetic connectivity among populations by the following means:

(i) estimating spatial distribution of the NCDE grizzly bear population biennially; and

(ii) identifying the population of origin for individuals sampled inside and outside of the demographic monitoring area to detect movements of individuals to and from other populations or recovery areas.

(4) Hunting would cease if the probability that the grizzly bear population remains above 800 within the demographic monitoring area falls below 90% and would not resume until the probability is 90% or greater that the population of bears remains above 800.

(5) Hunting will not be allowed in a year if mortality thresholds as described in (3)(b)(ii) or (iii) were exceeded in the previous year. 

(1) "Authorized person" means any individual given written or verbal authority by the livestock owner, or who is authorized by name on a permit to take a grizzly bear.  This does not include department staff or wildlife services' staff.  

(2) "Confirmed grizzly bear mortality" means a situation where a grizzly bear carcass is present.

(3)   "Demographic monitoring area" or "DMA" is the area within which the grizzly bear population is monitored, where population estimates are derived, and within which the mortality threshold will apply.

(4) "Department" means Montana Fish, Wildlife and Parks.

(5) "Department director" means Montana, Fish, Wildlife and Parks' director.

(6) "Investigate" or "investigation" means a fact-gathering and analytical activity conducted to determine the facts relating to a reported incident and to assess a fitting non-lethal or lethal management response.

(7) "Non-lethal and preventative measures" means actions to prevent or reduce conflict that are not intended to injure or kill a grizzly bear.

(8) "Probable grizzly bear mortality" means a situation where there is sufficient evidence of grizzly bear blood, hair, and other grizzly bear tissues, to support a finding of death.

(9) "Take" or "taken" means the confirmed and probable killing of a grizzly bear by firearm.

(10) "Wildlife services" means the United States Department of Agriculture – Animal and Plant Health Inspection Service.

(1) The department will implement management strategies to ensure that grizzly bears continue to thrive and are integrated as a valuable part of Montana's wildlife heritage.  The department will manage grizzly bears to ensure that recovery is maintained.  The department's grizzly bear management objective is to maintain and enhance Montana's contribution to the grizzly bear population in the lower-48 states and the grizzly bear's connectivity between populations in and outside Montana.

(1)  For each delisted ecosystem, the commission will establish an annual quota for the number of delisted grizzly bears that may be taken by a livestock owner or other authorized person, whether permitted or not, pursuant to 87-5-301, MCA.  The commission shall consider relevant factors, including information provided to the commission by the department in the grizzly bear annual report, the most recent grizzly bear population estimate, the mortality threshold, and previous quotas. The quota pertains to both within and outside of the DMA.  

(2) Grizzly bears taken by the department, wildlife services, or an individual person in self-defense do not count towards the quota.

(3)  Information concerning the quota will be made public via the department's website.

(4)  When the quota is met, the department will make a public announcement, via its webpage and social media page.  The quota will officially close at 11:59 p.m., the same day the department's notice is made.

(5) Any individual who takes a grizzly bear after the quota is closed may be subject to criminal penalties, pursuant to 87-6-201, 87-6-413, 87-6-905, and 87-6-907, MCA, as applicable, and the deceased bear(s) will be recognized in determining the next year's available quota.

(6) If the commission determines that circumstances require an adjustment to the total number of grizzly bears taken, pursuant to 87-5-301(3), MCA, then it may, at any time prior to the quota being met, adjust the quota.

(1)  The mortality threshold(s) is/are the maximum annual number of grizzly bear mortalities, within the DMA, that the population(s) can withstand while maintaining recovery levels. These recovery levels are described in the ecosystem conservation strategies.

(2)  All grizzly bear mortalities within the DMA will count toward the relevant mortality threshold(s).

(3)  Information concerning the mortality threshold will be made public via the department's website.

(1) A delisted grizzly bear taken within the DMA, pursuant to 87-5-301(3) and (4), MCA, counts towards the relevant quota and the relevant mortality threshold.  

(2) The quota and the total mortalities counted towards the mortality threshold include confirmed and probable grizzly bear mortalities.

(3) If a female grizzly bear with a cub or cubs of the year is taken, both the female grizzly bear and the cub(s) will count towards the quota.  If the mortalities are within the DMA, they will also count towards the mortality threshold.

(1)  If a delisted grizzly bear population overlaps two or more states, the mortality threshold will be apportioned by a percentage allocated to each state involved, and the quota will consider the percentage allocated to Montana.

(1)  The commission authorizes the department to use lethal control of depredating grizzly bears.  

(2)  Pursuant to 87-5-301(3), MCA, a livestock owner or other authorized person may take, without a permit or license, a delisted grizzly bear that is attacking or killing livestock.  Take by a livestock owner or other authorized person is limited to those areas that a livestock owner's livestock are legally authorized to be.

(3) Pursuant to 87-5-301(4) and 87-6-106(4), MCA, the department director or designee may issue a permit to a person, livestock owner, or other authorized person to take a delisted grizzly bear, under the following circumstances and conditions:

(a)  when the department makes the determination that the grizzly bear is threatening livestock or poses a threat to humans;

(b) when the department makes the determination that the grizzly bear was not purposefully or intentionally fed or baited; and

(c) if on public land, when the livestock owner has demonstrated an effort to utilize one or more non-lethal and preventative measures as determined by the department director or designee.

(4) A permit issued pursuant to 87-5-301(4) and 87-6-106(4), MCA, to a person, livestock owner, or other authorized person must identify the following: 

(a)  the permittee's name;

(b) the permit's duration and expiration date;

(c) the geographic area the permit is valid;

(d) the rationale for issuing the permit; and

(e) that the permit is applicable to one delisted grizzly bear.

(5) If a person, livestock owner, or other authorized person, whether permitted or not, takes or injures a delisted grizzly bear, pursuant to 87-5-301(3) and (4) or 87-6-106(4), MCA, they shall:

(a) notify the department within 24 hours;

(b) leave the grizzly bear carcass, if any, where it lay;

(c) preserve the area the shot was taken from;

(d) preserve the area surrounding the grizzly bear carcass, if any; and

(e) surrender the grizzly bear carcass, if any, to the department.

(6) A person, livestock owner, or other authorized person, who purposefully injures or kills a delisted grizzly bear by any other means, besides a firearm, is subject to criminal penalties, pursuant to 87-6-201, MCA.

(7) Pursuant to 87-5-301(4)(b) and 87-6-106(4), MCA, the department has the discretion to lethally remove a delisted grizzly bear.  If a delisted grizzly bear is lethally removed by department or wildlife services' staff, after conducting an on-site investigation, the delisted grizzly bear does not count towards the quota.  However, if the lethal removal occurred inside of the DMA, the delisted grizzly bear will count towards the mortality threshold.

(1) As allowed by 87-5-301 and 87-6-106(4), MCA, control of the grizzly bear includes a variety of non-lethal and preventative measures intended to decrease risk of, prevent, or resolve a conflict without killing the grizzly bear in question.  Allowable non-lethal and preventative measures include, but are not limited to:  

(a) husbandry practices, including, but not limited to, electric fencing, increased human presence, herding, or guarding animals, night pens, carcass removal, alternative pastures, amended pasture or grazing rotations, or supplemental feed;

(b) the department's placement of a radio collar to facilitate increased monitoring of the grizzly bear;

(c) hazing in a non-injurious manner;

(d) intentional harassment;

(e) electric fencing of bone yards;

(f)  working with interested individual livestock owners and private landowners, watershed groups, interested groups, and state and federal land managing agencies to provide technical assistance and to assist with selection and implementation of proactive non-lethal controls on both public and private lands when and where livestock are present, either seasonally or yearlong; and

(g) the department's capture and relocation of the grizzly bear.

(1) The department shall manage any delisted grizzly bear population for at least five years from the time of delisting prior to proposing any hunting season for delisted grizzly bears.

(1) The department shall generate and publish a grizzly bear annual report starting the first year after either the Northern Continental Divide Ecosystem or the Greater Yellowstone Ecosystem is delisted and will continue thereafter.  

(2) The grizzly bear annual report will include:

(a) the population estimate and previous year's mortalities for delisted populations;

(b) the methods used by department personnel to monitor grizzly bears and develop population estimates;

(c) information concerning connectivity and genetic exchange between the Northern Continental Divide Ecosystem and the Greater Yellowstone Ecosystem;

(d) description of mortality sources and potential for future population level impacts;

(e)  the number, types, and general locations of human-bear conflicts; and

(f) outreach and education efforts made by the department.

(1) Upon delisting, the department shall continue to translocate grizzly bears between the Northern Continental Divide Ecosystem, the Greater Yellowstone Ecosystem, and other grizzly bear populations for genetic and population augmentation.  The department will continue to conduct genetic sampling, as necessary, when handling bears, and will analyze those samples to evaluate genetic diversity and connectivity between populations and the need for continued efforts.

(1) ARM 12.9.1404 through 12.9.1416 only apply to grizzly bear populations that have been delisted by the United States Fish and Wildlife Service and take effect upon the date that said populations are delisted and no longer subject to federal jurisdiction under the Endangered Species Act, 16 U.S.C. 1531, et seq.

In addition to the definitions provided in 87-5-802, MCA, the following definitions apply to this subchapter:

(1) "Measurable objective" means an anticipated response in vegetation that will be measured to evaluate the effectiveness of a treatment to restore, rehabilitate, improve, or manage land as wildlife habitat through noxious weed management.

(2) "Priority habitat" means plant communities or settings that provide a unique, high value habitat, important to one or more priority wildlife species.

(3) "Priority wildlife species" means species of conservation concern or game species that are recognized by the state of Montana for their ecological, economic, or recreational values.

(4) "Project area" means land comprising treatments and the area where benefits are anticipated, such as a watershed, ecological unit, or other defined area.

(5) "Project sponsor" means the local, state, or national organization, either public or private, administering a project.

(6) "Treatment areas" means specific sites where noxious weed management treatments occur.

(7) "Weed management strategy" means a planning document that provides direction for identifying, prioritizing, and treating noxious weeds.

(8) This rule expires June 30, 2023, pursuant to 87-5-808, MCA.

(1) Expenditures of grant and required non-federal matching funds may only be used for biological or mechanical control of noxious weeds, purchases and application of approved herbicides, seed purchases and application of seed; and grazing costs as a component of an overall integrated noxious weed management plan, which includes the following: 

(a) specified goods limited to herbicides and additives, biological control agents, or materials required for restoration, reseeding, or prescribed grazing management; and

(b) specified services limited to herbicide application; biocontrol agent

release; seedbed preparation, seeding, and seedling maintenance; and installation of prescribed grazing infrastructure.

(2) All expenditures of grant and matching funds shall be documented with original invoiced receipts.

(3) This rule expires June 30, 2023, pursuant to 87-5-808, MCA.

(1) Grant proposals will be solicited annually on dates established by the department.

(2) Proposals with incomplete information may be rejected.

(3) The applicant may request assistance from the department in completing the application. The department will provide such assistance, the level of which will be determined by availability of staff and funds.

(4) The department will review and provide analysis to the advisory council regarding adherence to eligibility and application requirements. The advisory council will review, rank, and recommend proposed projects and funding according to this subsection. Advisory council recommendations will be submitted to the department for final review and determination of funding. The applicant will receive written notification from the department of the action taken on the proposal.

(5) This rule expires June 30, 2023, pursuant to 87-5-808, MCA.

(1) Grant applications must address how projects would restore, rehabilitate, improve, or manage land as wildlife habitat through noxious weed management, and must contain the following criteria: 

(a) the name, address, and telephone number of the project sponsor, project manager, and liaison (if different than manager);

(b) the title or name of the proposed project;

(c) the total grant amount requested;

(d) the location and size (area) of the proposed project and maps depicting the specific location of the project area, ownership of participating lands, and treatment areas;

(e) a description of public hunting accessibility of participating lands within the project area;

(f) a brief description of the history and background of the project;

(g) a description of priority wildlife species and habitat(s) involved and how the targeted noxious weeds are specifically impacting wildlife habitat functions;

(h) a description of the need and urgency of the proposed project, including details of how the project would restore, rehabilitate, improve, or manage land as wildlife habitat through noxious weed management;

(i) a description of the measurable objectives of the project, including acres of priority habitat to benefit from the proposed project;

(j) a treatment plan as described in (2);

(k) a funding plan as described in (3);

(l) a statement that the project sponsor, if the grant receives approval, is willing to enter into a contract with the department for utilization of grant funds and required documentation, reporting, and monitoring; and

(m) a layout of a monitoring plan as described in (4). The monitoring plan allows the department to analyze how noxious weed management is restoring, rehabilitating, improving, or managing land as wildlife habitat. Monitoring shall provide actual results of the proposed measurable objectives.

(2) The treatment plan must include the following:

(a) an inventory of the current weed infestation in the project area and surrounding vicinity;

(b) a description of native plant life and occurrence in association with weed infestations;

(c) a description of causative factors for the weed infestation and how those may be addressed;

(d) a description of proposed treatment methods including a schedule of major project phases; a list of herbicides, biological control agents, and cultural methods; acreage estimate of treatments; proportion of infestation to be treated; anticipated follow-up treatment(s);

(e) measures to minimize impacts to non-target plant species; and

(f) post treatment management to reduce susceptibility to weed invasion.

(3) The funding plan must include the following:

(a) a list of partners and their respective non-federal cash commitments sufficient to meet grant matching requirements;

(b) leveraged funds and in-kind contributions that are in addition to the minimum non-federal match requirements; and

(c) signed letters of commitment from funding partners that identify the partner role, the source and amount of funds committed, and other contributions toward the proposed project.

(4) The layout of the monitoring plan must include the following:

(a) documentation of pre- and post-treatment conditions using repeatable quantitative and photographic methods:

(i) for herbicide and cultural treatments, measurements of targeted noxious weeds and all accompanying plant life, to be annually conducted at representative treatment locations during the treatment year and three consecutive years post-treatment; and

(ii) for biocontrol methods, three years of post-release sampling to determine occurrence of biocontrol agent. Measurements of targeted noxious weeds and native plant life at representative release locations, during the treatment year and years three and five post-treatment.

(5) This rule expires June 30, 2023, pursuant to 87-5-808, MCA.

(1) Prior to scoring by the council, the department will review and provide analysis to the advisory council regarding application completeness and adherence to eligibility and application requirements. 

(2) The council will make funding recommendations to the department based upon the final rank scores. The department will make final decisions on which projects will be recommended for funding. Approval of project grant proposals is ultimately at the discretion of the U.S. Fish and Wildlife Service Federal Aid program.

(3) Scoring criteria is the primary guide for ranking applications and for determination of grant viability. Additional factors outside of the scoring criteria may be considered. Applications that meet minimum qualifications will receive a score based on the following criteria:

(a) Proposal involves a noxious weed threat with compelling information on how the infestation directly diminishes the effectiveness of a priority habitat to support one or more priority wildlife species. (0 to 20 pts)

(b) Proposal would significantly reduce or resolve noxious weed threat and support habitat effectiveness over a sizable portion of priority habitat and associated watersheds. Applications that do not include a minimum acreage of priority habitat to benefit from grant funding will receive zero points. (0 to 20 pts)

(c) Project would help implement an established weed management strategy, is technically feasible, and would maintain or restore native vegetation. (0 to 10 pts)

(d) Management of project area addresses the primary spread of noxious weeds to native wildlife habitats (up to 5 pts) while also providing for native plant community health to reduce susceptibility to weed invasion (up to 5 pts). (0 to 10 pts)

(e) Project involves funding commitments from multiple partners (up to 5 pts) and leverages additional funding or in-kind contribution beyond the minimum required (up to 5 pts). (0 to 10 pts)

(f) Project demonstrates an effective collaboration across multiple land ownerships. Cooperative Weed Management Areas, as defined in the Montana State Weed Management Plan, would receive the highest points. (0 to 15 pts)

(g) Project area provides access for public hunting. (0 to 15 pts)

(h) Monitoring plan meets or exceeds requirements as described in 12.9.1604. (0 to 10 pts)

(i) The grant application, including proposal information, funding plan, and monitoring plan, is clear, well organized, and reflects a high likelihood of success for all aspects of the proposed project (up to 5 pts). Grant application characteristics or circumstances that may be valuable but are not captured in other scoring criteria (up to 5 pts). (0 to 10 pts)

(4) This rule expires June 30, 2023, pursuant to 87-5-808, MCA.

(1) Successful applicants for grants funded by federal Pittman-Robertson Wildlife Restoration funding are federal grant sub-recipients subject to administrative requirements of the Pittman-Robertson Wildlife Restoration Act, including Title 50 CFR 80.20-160.

(2) Grants may be up to 5 years in duration although funding allocations will be provided on an annual basis; after the first year, annual allocations will be dependent upon satisfactory completion of grant award requirements (implementation and reporting) the previous year.

(3) Grants will be on a reimbursable basis. Reimbursement will be based on documented, eligible expenses up to the amount awarded and in proportion to spending of eligible match.

(4) Minimum criteria to qualify for a grant are listed as follows and serve as a basis for competitive ranking of proposals:

(a) the project must enhance priority habitats for one or more priority wildlife species through control, management, or eradication of noxious weeds;

(b) noxious weed invasion must represent a direct threat to priority habitat function;

(c) the project area must include ecologically important wildlife habitat that is in need of restoration;

(d) the project would have a reasonable probability of treatment effectiveness that includes effective methodology, anticipated plant community recovery, preservation of non-target plant species, post treatment management;

(e) the proposal exhibits a landscape scale approach or benefit;

(f) the project must include a minimum 25% nonfederal match and must meet additional match requirements depending on the funding source of the project. The proposal must describe the source and type of nonfederal match. The match funds may only be spent on eligible grant activities as described in ARM 12.9.1602; and

(g) projects must occur in an eligible county as required by the Montana Wildlife Habitat Improvement Act, 87-5-801 through 87-5-808, MCA.

(5) Reports of monitoring results shall be provided to the department by the end of December of each year.

(6) The department may develop standardized monitoring techniques, consistent with these rules.

(7) This rule expires June 30, 2023, pursuant to 87-5-808, MCA.