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(a) Each landowner shall be issued such license or permit upon application therefor; provided that the number of licenses available to eligible landowners shall not exceed the percentage set by the commission annually of the total permits established for any hunting district. If applications from such landowners exceed the percentage set by the commission, the said limited number of landowner licenses or permits will be issued by a drawing system. When the percentage set by the commission has been filled, the remaining applicants will participate in the drawing established for the general public.

(b) For purpose of this regulation, a landowner shall be deemed to be the owner of record of 160 acres or more of real property which is primarily for agricultural purposes. Lessees shall not qualify as landowners. Where the real property is held jointly or in common by several persons, only one of said joint or common owners shall be entitled to the preference herein established or said owners may designate any other person as entitled to their preference if such other person is a member of their immediate family or is employed by such owner or owners as a ranch manager or in a similar capacity. No preference may be granted to a landowner if the hunting area is totally within the prescribed boundaries of public land.

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This rule has been repealed.

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This rule has been repealed.

(2) To be approved by the department as an angler education event or activity for which fishing licenses are not required, the event or activity must meet the following criteria:

(a) the event must be educational in nature and should instruct participants on fish identification, fishing regulations, fishing ethics, fishing techniques, and water safety;

(b) the event must be held at times and places that do not substantially conflict with other users of the water body;

(c) the event must be taught by or under the guidance of an employee of the department or by an instructor certified by the department as competent to instruct in the matters described in (a) above;

(d) the event must not be a part of a profit-making event or activity, except that a service organization or other nonprofit entity may conduct an event as a part of a fund raising activity;

(e) the event must take place on the body of water and only for the dates and times specified in the application; and

(f) the event must be approved in accordance with the procedures set forth in ARM 12.3.127.

(1) The department will review an application for an angler education event or activity as follows:

(a) an application for approval of an angler education event must be submitted to the department's state angler education coordinator in Helena sufficiently prior to the date of the event to allow the department time to review the application. The application must be in writing, and must include the date, time, and location of the proposed event and must demonstrate that the event meets the criteria of ARM 12.3.126;

(b) the angler education coordinator will review the application and determine whether the event satisfies the criteria of ARM 12.3.126;

(c) if the coordinator determines the application satisfies the criteria of ARM 12.3.126, written approval of the event will be provided to the applicant; and

(d) if the angler education coordinator determines the event does not meet the criteria of ARM 12.3.126, the coordinator will notify the applicant in writing of that determination.

(2) A person conducting an approved angler education event must have the written approval of the department available at the location of the event. The applicant must keep a written record of attendees and participation in the event and submit a copy of the record to the department's angler education coordinator within 15 days of the conclusion of the event. A person who fails to provide the report will not be approved for another angler education event until the report is filed.

(2) Any individual who satisfies the following requirements may be certified to conduct angler education events and activities:

(a) the individual must be 18 years of age or older;

(b) the individual must complete an instructor training course offered and conducted by the department; and

(c) the individual must not have been convicted of a felony under any criminal law, nor have been convicted of a fish or game violation under any law, nor forfeited bond or bail on a fish or game citation of any kind.

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(1) A license agent's appointment may be reviewed annually. In considering review, the department will evaluate the following:

(a) compliance of the agent to the procedures of the department and requirements of law for license fee remittance;

(b) complaints about the license agent that have remained unresolved;

(c) the convenience to the public; and 

(d) the overall performance of this agent.

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This rule has been repealed.

This rule has been repealed.

(1) License agents are required to complete application information with factual information supplied by the applicants. 

(2) It is prohibited for any license agent to date a license with any date other than the actual date the license is issued, except for the following:

(a) B-4 or B-5 licenses which may be postdated for the dates the applicant wishes to fish; and

(b) B-12 licenses which may be postdated for the dates the applicant wishes to hunt.

(3) Any applicant who fails to supply any information required on the licenses or fails to show proof of identity shall be refused the license applied for. 

(1) Licenses must be sold at the rate established by Montana law.

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(1) The application must be on a current form and provide sufficient information to determine the eligibility for an appointment as set forth in (2) and for the department to insure that applicants and appointees conform to the law and rules.

(2) Before making an appointment, the department shall consider the following:

(a) the financial responsibility and security of the applicant and the applicant's business or activity; and 

(b) the type of business or accessibility of the applicant's place of business to the public, including but not limited to:

(i) location of the business;

(ii) hours the business is open to the public; and 

(iii) the availability of existing license agents to serve the public.

(1) As a condition of appointment, an agent shall agree to participate in the department's electronic funds transfer system.

(2) A license agent shall, before selling licenses, authorize the debiting and crediting (sweep) of an account in the license agent's name for the purpose of electronic funds transfer to or from the state's collection account, as provided in this rule.

(3) The license agent shall execute all forms required by the department, the department's bank, or the license agent's bank.

(4) The department will determine the schedule for sweeping the license agent account. The department may allow deviation from the schedule in special circumstances.

(5) The license agent shall bring any error or dispute to the attention of the department before the sweep.

(6) In the event a license agent does not have sufficient funds to cover the sweep, a second attempt will be done at the next scheduled sweep.

(7) If it fails again, the license agent will not be permitted to sell licenses until the issue is resolved and the agent must pay the outstanding amount of all outstanding failed sweeps within 48 hours after notification by certified check, cashier's check, or money order. If outstanding balances are not paid in full within 48 hours, the license agent shall immediately surrender department-issued equipment and materials, is subject to revocation, and may be sent to a collection agency for unpaid balances owed.

(8) Two or more failed sweeps within a single license year are cause for revocation or suspension.

(1) Each license agent shall maintain department-issued equipment, regulations, and materials in accordance with instructions from the department.

(2) Each license agent shall sell licenses via the department-approved electronic device.

(3) Each license agent shall electronically transfer to the department's bank account the department's portion of license sale proceeds as provided for in ARM 12.3.225.

(1) The department may suspend or revoke an appointment for any of the following reasons:

(a) a change of business location;

(b) an insufficient sales volume;

(c) a delinquency in remitting money owed to the department;

(d) a violation of any rule adopted by the department or commission;

(e) the refusal to acquire or display any materials required by the department; or

(f) the appointee is ineligible for appointment.

(2) After notice in writing, the department shall revoke the license agency appointment for the following reasons:

(a) knowingly providing false or misleading information to the department or any other agency conducting an investigation on behalf of the department;

(b) the owner or principal manager of a license agent being convicted of a felony or two hunting or fishing offenses;

(c) endangering the security of the automated license system; or

(d) upon suspension, failing to rectify the problems which led to the suspension.

(3) Upon notice of revocation, the license agent shall give a final accounting to the department and surrender all department materials, including any department owned electronic devices. The license agent is liable for all money still owed the department.

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For purposes of this chapter:

(1) "Bonus point" means the same as described in 87-2-117, MCA.

(2) "Commission" means the Montana Fish and Wildlife Commission.

(3) "Contiguous land" means land that is owned in fee title by the applicant and that is not interrupted by land owned by another person. Land that is owned by the applicant that is interrupted by adjacent federal or state land may on an individual basis be considered as contiguous land if the individual leases the federal or state land.

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

(5) "Drawing" means the random selection of licenses or permits when applications received exceed the quota set by the commission for a hunting district. The license or permit may include limitations on taking by sex, age, species, time period, or designated area.

(6) "Employee" means an individual who is paid by a landowner for services rendered and who has state, federal, or FICA taxes withheld from their pay. 

(7) "Game damage" means the same as described in 87-1-225, MCA.

(8) "Land that is used by elk" means land that elk inhabit.

(9) "Landowner preference" means a drawing that is conducted before the general drawings in which the landowners are randomly drawn for a portion of the quota as set by the commission.

(10) "Landowner sponsor" means a landowner who meets the qualifications of 87-2-511, MCA, and these rules for licenses.

(11) "License" means an electronic or hardcopy document issued to an individual that grants the opportunity to hunt or fish for the species of animal.

(12)  "License agent" means an entity that has received an appointment pursuant to 87-2-901, MCA.

(13) "Party" means a group of two to five persons applying together to obtain a permit or license.

(14) "Permit" means an electronic or hardcopy document to be used in conjunction with the proper license to hunt or fish for specific species of animals.

(15) "Preference point" means the same as established in 87-2-115, MCA.

(16) "Quota" means a set number of animals to be harvested, or licenses to be issued, within a specified land area (hunting district, administrative region, or state).

(17) "Regional license quota" means the total quota established of hunting districts within a specific department administrative region.

(18) "Super-tag" means licenses established under 87-1-271, MCA.

(1) A valid state, federal, or tribal government-issued picture identification may be used to verify residency when purchasing a resident license.

(1) When the commission sets a limitation or quota for the number of hunting licenses to be issued in any hunting district or other designated area, resident applicants shall receive at least 90% of the total hunting licenses to be issued for that game species in that district. When the number of resident applicants totals less than 90% of the quota for that district, all resident applicants shall receive a hunting license for that game species.

(2) The remaining licenses will be issued to the nonresident applicants for that district by drawing. Then, any remaining licenses for that district shall be sold as surplus or over the counter.

(1) When there are licenses or permits remaining after a drawing is conducted under these rules, those licenses or permits may be issued as determined by the director.

(1) An apprentice hunter must be accompanied by a mentor while hunting. The mentor must:

(a) meet the requirements of 87-2-810, MCA;

(b) possess a completed department-issued designation form;

(c) only accompany one apprentice at a time;

(d) remain within direct voice contact with the apprentice without the use of enhancement or transmittal devices, except prescription hearing aids; and

(e) remain within direct sight of the apprentice without the use of any magnifying or enhancing aids except prescription eyewear.

(2) Apprentice hunters 15 years of age or younger are allowed to hunt during any specified statewide youth season as provided in the regulations.

(1) For the purposes of 87-3-145, MCA, an individual may apply for a salvage permit for a deer, elk, moose, or antelope accidentally killed as a result of a vehicle collision through an electronic application and issuing process within 24 hours of taking possession of the animal.

(2) Any animal taken for salvage must:

(a) be taken in its entirety; and

(b) be disposed of in accordance with 75-10-213, MCA.

(3) The salvage permit will be issued on a form provided by the department.

(4) Licenses and tags issued for the purpose of hunting shall not be used for purposes of salvaging animals.

(5) All parts of animals salvaged shall be made available for inspection by a peace officer upon request.

(1) In accordance with 87-2-815, MCA, the nonprofit organization must provide a copy of the articles of incorporation to the department as verification of eligibility.   

(2) Donated licenses must be received by the department prior to the beginning of the hunting season in which they are applicable. 

(3) Applications must be submitted on a form supplied by the department.

(4) Applications will be processed on a first come first served basis.

(1) A hunter may replace a department-issued hunting license or permit that is lost, stolen, or destroyed at a department office or any department license provider. 

(2) The hunter must appear personally at a department regional or area office or at headquarters in Helena, Montana during normal operating hours to replace a lost, stolen, or destroyed license or permit a second or subsequent time for the same species.

(3) The fee for each replacement license or permit issued under this rule is $5.

(4)  Licenses and permits seized pursuant to a law enforcement action are not considered to be lost, stolen, or destroyed and will not be replaced.

(5) Replacement licenses and permits for animals deemed unfit for human consumption will be issued pursuant to ARM 12.3.404.

(1) The department will issue a replacement license or permit when an animal is deemed unfit for human consumption due to disease or prior injury.  

(2) A majority of an animal must be unfit for human consumption in order for a replacement license or permit to be issued. 

(3) The determination of whether an animal is unfit for human consumption is at the discretion of a department biologist or warden.

(4) The animal must be surrendered as directed by department personnel.

(5) Replacement licenses and permits will be issued at a department regional office, area office, or at the headquarters in Helena, Montana during normal operating hours. Other license agents are unable to issue replacement licenses and permits.

(6) If the animal was harvested using a combination license, the replacement license will be issued for only the portion of the license used to harvest the animal deemed unfit for human consumption.

(7) The hunter must designate whether they choose to be issued the replacement license or permit for the current year or the next license year when requesting a replacement license or permit.

(8) A replacement license or permit will not be issued if the lack of fitness for human consumption is due to the hunter's improper handling or care of the animal.

(1) The department will annually distribute all funds accumulated in the hunters against hunger account to a federally tax exempt nonprofit organized under 26 U.S.C. 501(c)(3) with a mission to distribute food and provide charitable services to those in need on a statewide basis.

(2) The organization must:

(a) coordinate with other nonprofit organizations within the state to process game animals donated and distribute the processed meat to those in need;

(b) provide a list of meat processors responsible for processing donated game animals; and

(c) retain all carcass tags from donated game animals until meat from the animal is distributed.

(3) Game animals donated for processing must be legally harvested or confiscated by law enforcement. Game animals killed by a vehicle are not permitted to be processed and distributed under this program.

(4) All processed meat through the hunters against hunger program will be offered at no charge to those in need.

(5) The contract will provide annual reporting requirements and any other conditions necessary. Noncompliance with the contract will result in loss or delay of funds.

(1) The application deadline for B-10 and B-11 license drawings is April 1.             

(2) The application deadline for elk and deer permit drawings is April 1.

(3) The application deadline for moose, sheep, goat, and bison drawings is May 1.

(4) The application deadline for elk B, deer B, antelope, and antelope B license and permit drawings is June 1.

(5) Applications for youth licenses and permits are determined by the age of the child at the time of submitting the application.

(6) All applications for participation in any permit or license drawing, except drawings under ARM 12.9.801 (damage hunts) provided for by these regulations must be submitted by the expressed deadline. 

(7) No changes will be made after the department has received the application.

(8) If an application for any species is rejected by the department pursuant to this rule:

(a) the application will not included in the drawing;

(b) the applicant will not be awarded a bonus point for that drawing for that species; and

(c) the drawing fee, preference point fee, bonus point fee, and any prerequisite licenses once the application is entered into the drawing, will be retained by the department.

(9) Rejection of an application pursuant to this rule is equivalent to failure to apply.

(1) All valid applications will be considered as a single application for purposes of the primary drawing; that is, all members will either be successful or unsuccessful. 

(2) The party establisher will designate all members of the party at the time of application. 

(3) Each party member is responsible for individually finalizing their own applications. 

(4) Applications must have all requested party information, and that information must be correctly presented.

(5) The party establisher will create the party's hunting districts, bonus point enrollment, outfitter preference point, and preference point enrollment for the entire party. Any member applying under different designations will be removed from the party and will be entered into the drawing individually.

(6) Any applicant applying as a member of a party and who is otherwise eligible for landowner preference will be removed from the party and entered into the landowner preference drawing as an individual.

(1) Bonus points are non-refundable and non-transferable between applicants or species.

(2) If an applicant for a permit or license drawing who has elected to participate in the bonus points program by paying the fee established in 87-2-113, MCA, is unsuccessful in the drawing, they shall be awarded the species-specific bonus point they purchased. 

(3) An applicant's bonus points accumulate until the applicant is successful in drawing a permit or license for a species in their first choice district, including landowner preference applications. 

(4) If an applicant is successful in drawing a permit or license for a species, the applicant's bonus points are reduced to zero for that species only.

(5) If the following special circumstances occur, an applicant who is successful in drawing a permit or license may retain their accumulated bonus points if the applicant:

(a) is a member of the armed forces and is either deployed outside the continental United States in support of a contingency operation as provided in 10 U.S.C. 101(a)(13) or deployed in response to a state or national emergency; or

(b) is affected by a catastrophic or major natural disaster or man-made event that requires the applicant's assistance as a member of a local, state, or federal management agency.

(6) A qualifying applicant under (5) must return the unused permit or license prior to the first day of the season applicable to the permit or license.

(7) The director or designee may authorize exceptions for extenuating circumstances.

(8) Applicants who lose hunting and fishing privileges through court action will lose accumulated bonus points for all species.

(1)  Preference points are non-refundable and not transferable between applicants.  

(2) In accordance with 87-2-115, MCA, nonresidents hunting with an outfitter may purchase an outfitter preference point in addition to the purchase of a preference point.

(3)  If an applicant is unsuccessful in the drawing and retains their outfitter preference point, those accumulated points may only be used when the applicant elects to hunt with an outfitter at the time of application in subsequent drawings if done in consecutive years.

(4)  Licenses issued using the outfitter preference point shall be clearly marked "OUTFITTER PREFERENCE POINT LICENSE" and shall be endorsed by the outfitter(s) providing the service under that license, in a manner determined by the department.

(1) Interested nonresident hunters may sign up to be placed on a randomized list for a B-10 or B-11 license.

(2) Interested nonresident hunters may be contacted and given the opportunity to purchase a license in the event refunds are issued to successful applicants which leave quotas unmet.

(1) The department shall issue antelope licenses as described in 87-2-706, MCA, and ARM 12.3.104 (landowner preference).

(2) Fifteen percent of a district quota will be set aside for the landowner drawing.

(1) Residents may not apply for a deer permit without first purchasing an A-3 license.

(2)  Nonresidents must purchase a B-10 or B-11 license at the time of submittal of drawing applications.

(3) The department shall issue deer B licenses and deer permits as described in ARM 12.3.104 (landowner preference).

(1) The department issues elk permits for landowner preference described in 87-2-705, MCA, according to the following policies and procedures:

(a) The statutory requirement of 640 acres of contiguous land is used only to determine if the applicant is eligible to apply as a landowner.

(b) If license/permits are valid in a designated portion of a hunting district, some of the land owned by the applicant must be within the boundaries of that portion.

(c) Both resident and nonresident landowners must use the special drawing application provided by the department. The department shall verify that the applicant owns 640 acres, that it is contiguous land used by elk, and that the designee of the landowner preference is eligible.

(d) Partnerships may delegate landowner preference to members of the immediate family, a partner or an employee. Only one person may be delegated landowner preference for each sole proprietorship, partnership or corporation. A corporation may delegate the landowner preference to one shareholder.

(e) All applicants entitled to landowner preference will be considered in the preference drawings for elk. Unsuccessful landowner applicants who exceed 15% of a district will be entered into the regular drawings with their district choices. 

(2) Residents may not apply for an elk permit without first purchasing an A-5 elk license.

(3) Nonresidents must purchase the B-10 at the time of submittal of drawing applications.

(1) Applicants for moose and goat licenses must designate only one choice for a hunting district.

(2) Applicants for sheep licenses must designate a first choice for hunting district. Any secondary opportunity selection must be for ewe only. 

(3) The following procedure will be used when allocating 10% license opportunities for nonresidents in moose, sheep, and goat drawings:

(a) The total regional license quota, by species and region, will be used to determine 10% nonresident quota.

(b) Nonresident license allocations will be applied to those hunting districts and season types with a quota of ten or more.

(c) Any remaining license allocation will be included, on a rotating basis, in those hunting districts and season types with a quota of less than ten.

(d) If no hunting district in a region has a quota of ten or more licenses, all of the nonresident license authority will be allocated as described in (c).

(e) If a region has a total quota of less than ten, no nonresident license allocations will be made for that region.

(1) Prior to August 1, applicants who are successful in drawing a moose, sheep, or goat license may request to have their license voided. A voided license under this rule does not subject a hunter to the seven-year wait requirement when the applicant is:

(a) a member of the armed forces and is either deployed outside the continental United States in support of a contingency operation as provided in 10 U.S.C. 101(a)(13) or deployed in response to a state or national emergency; or

(b) affected by a catastrophic or major natural disaster or man-made event that requires the applicant's assistance as a member of a local, state, or federal management agency.

(2) Moose, sheep, and goat licenses returned under these circumstances may be reissued to unsuccessful applicants for the original drawing.

(1) For each species, as designated in 87-1-271, MCA, an unlimited number of chances to draw a super-tag will be sold at $5 per chance.

(2) The department will conduct a drawing to select the super-tag winner for each species.

(3) Only a person legally eligible to be licensed may purchase chances to draw a super-tag or use a super-tag. A person must possess a valid conservation license to be eligible to purchase a chance to draw a super-tag.

(4) The super-tag is valid for the taking of one animal of the species for which it is issued and is valid only for the current license year. A super-tag may be used in any legally described hunting district with an established season. The person using the super-tag may use it only during a hunting district's established season and is subject to all hunting regulations, including special weapons regulations, that apply to a hunting district. However, if a hunting district requires a permit to hunt that species in that district, a super-tag can be used without the special permit, and a super-tag is not subject to an established quota in a hunting district.

(5) In the event that a person who drew a license or purchased a license is also drawn for the super-tag for the same species, the person must surrender the license to the department before receiving the super-tag. The department will refund the license fee paid by the winner of the super-tag. The person winning the super-tag shall retain any accumulated bonus points for that species.

(6) The super-tag is a nontransferable license.

(1) Applications submitted with errors may be sent back to the applicants for correction at the department's discretion if time allows.

(2) If the department commits an error which results in the rejection or incorrect processing of an application that has been submitted in compliance with the regulations for a permit or license, the authorized number of permits or licenses, established by the commission, may be exceeded by up to 10% of the quota for each district by at least one license.

(3) The department is not responsible for third-party errors.  If an applicant for a permit or license drawing proves to the satisfaction of the department the rejection of the application was due solely to a third-party error, and the department deems there is sufficient time to complete the processing of the application before the drawing is held, the department shall include the application in that drawing.

(4) The issuance of the permit or license will be considered on a case-by-case basis. Any increase in the quotas must be approved by the director and may not exceed 50 for all species in any license year. Any necessary quota extension in excess of the 50 must be approved by the commission.

(5) If the applicant is entitled to purchase a bonus point and/or a preference point and is not entered into the drawing solely because of an error, and the applicant fails to obtain a permit or license for the year the application was submitted, the applicant is entitled to purchase a bonus point or preference point for that year.

(1) All license sales are final.

(2) No refund will be issued for any licenses or permits sold by the department, or associated fees, except as provided in this rule.

(3) The department will issue refunds as follows:

(a) a surviving heir of a license or permit holder may receive a full refund of the license or permit fees if the license or permit holder dies and has not used the license or permit;

(b) a license or permit holder may receive a 90% refund if a spouse, domestic partner, parent, step-parent, child, or step-child dies and the license or permit holder has not used the license or permit;

(c) a license or permit holder may receive a 90% refund in the event that a medical occurrence prevents the license or permit holder from using the license or permit;

(d) if an applicant is issued an incorrect license or permit through the fault of the department or a license agent, the license fees will be refunded, and the applicant may purchase the correct license or permit;

(e) B-10 and B-11 license holders may receive a license refund according to the following schedule, provided the license holder certifies that the license was not used:

(i) 80% refund if postmarked on or before August 1 of the license year;

(ii) 50% refund if postmarked after August 1 of the license year, but on or before the first day of the season for which the license is applicable.

(4) The director, or designee, may authorize exceptions to this rule due to extenuating circumstances including but not limited to the following:

(a) declaration of war or police action;

(b) catastrophic or major natural disaster or man-made event that necessitates the assistance from state or federal emergency management agency.

(5) Requests for refunds must be postmarked by December 1.

(6) Any request for a refund must be accompanied by supporting documentation as requested by the department.

(7) Refunds will not be issued for any licenses or permits sold on behalf of other entities.

(1) A resident who has purchased a bear, deer, elk, bird, or fishing license may request a refund by returning the license to the Helena office or a regional office at the time of application for a class AAA combination license.  

(2) A resident who purchases a class A-8 license may request a refund by returning the license to the Helena office or a regional office at the time of application for a class A license. 

(3) A nonresident who has purchased a season bird, season fishing, or deer license may request a refund by returning the license to the Helena office at the time of application for a B-10 or B-11 license.

(1) The director has the authority to extend a deadline for purchasing or applying for a license or permit if, in the director's discretion, a significant event occurs that hinders the public from purchasing or applying for licenses or permits.

(1)  A permit and payment of floating fees are required to float the Smith River from the Camp Baker put-in to the Eden Bridge take-out year-round.  This requirement does not apply to a landowner conducting a day float solely for the purpose of performing maintenance on their contiguous fee title property adjacent to the Smith River in the permitted section of the river.  

(2)  The permit authorizes the holder and the members of their group to a float beginning on the date specified on the permit.

(3)  The permit is issued to an individual and is non-transferable and non-refundable.

(4) A person must submit a permit application to participate in the general lottery. A person must be a minimum of 12 years of age at the time they submit a permit application. No person may submit more than one permit application. A person may purchase an unlimited number of Smith River Super Permit lottery chances.

(5)  A permit season begins on April 1 and continues through March 31 of the following year. The percentage of overall permits issued to nonresidents is limited by 23-2-408(1)(b), MCA.

(a) The department shall use a general random lottery to allocate permits that authorize a launch date from April 1 through August 15.

(b) Permits that authorize a launch date from August 16 through March 31 must be obtained by contacting the department's regional office in Great Falls. 

(6)  A person receiving a permit through the general lottery for a launch date during the peak season of May 15 through June 15 may not apply for a permit the following calendar year for a launch date within this same time period.  They may apply for a permit outside of the peak season, accompany another permitted group during the peak season, obtain a cancelled launch permit, or apply for a Super Permit.  The department may waive this restriction for trips cancelled due to unsafe conditions caused by inclement weather or river flows, insufficient flows for navigability, or other similar exigent circumstances, not including trips cancelled due to undesirable fishing conditions.

(7)  Any permits on dates not fully subscribed during the general lottery shall be made available by the end of March on a first come, first served basis subject to 23-2-408, MCA.

(8)  The recipient of a permit must notify the department's regional office in Great Falls or the Camp Baker ranger station when cancelling a permit.

(9)  A person cancelling their permit less than two days before their launch date shall be prohibited from applying for a permit the following permit season.  This restriction does not apply if the river flows are below 100 cubic feet per second.  The department may waive the cancellation penalty for permits cancelled less than two days prior to the launch date due to unsafe conditions caused by inclement weather or river flows, insufficient flows for navigability, or other similar exigent circumstances, not including trips cancelled due to undesirable fishing conditions.

(10)  A cancelled permit shall be made available on a daily, first come, first served basis subject to 23-2-408(1)(b), MCA. 

(11)  Each year the department shall conduct an additional lottery that is separate from the general lottery and is used to issue one permit (Smith River Super Permit) that is valid any day of the year of issuance.  An individual may purchase an unlimited number of Super Permit lottery chances.  The department may reserve one permit from the general lottery or a cancelled permit to ensure compliance with 23-2-408(1)(b), MCA.

(12)  Additional rules governing recreation and commercial use on the Smith River can be found in the board's Smith River biennial rules.

(1) Smith River bonus points are non-refundable and non-transferable between applicants.  

(2)  Smith River bonus points do not apply to hunting permits or licenses.

(3)  A person may purchase only one bonus point per year and may:

(a)  purchase a bonus point when applying for a Smith River permit by paying the fee established in 23-2-409, MCA; or

(b)  if the person is otherwise eligible to apply for a Smith River permit and chooses not to apply that year, purchase a bonus point only between July 1 and September 30 of that year.

(4)  The department may only apply accumulated bonus points to a person's chance to obtain a Smith River permit during the lottery if the person purchases a bonus point when applying for the permit.

(5)  The department shall mathematically square the number of bonus points a person has accumulated when conducting the lottery for Smith River permits.

(6)  If an applicant for a Smith River permit has elected to participate in the bonus points program and is unsuccessful in the drawing, they shall retain the bonus points they purchased.

(7)  An applicant's bonus points accumulate until the applicant is successful in drawing a permit.

(8)  If an applicant is successful in drawing a Smith River permit, the applicant's bonus points are reduced to zero for the Smith River.

(9) If the following special circumstances occur, an applicant who is successful in drawing a Smith River permit may retain their accumulated bonus points if the applicant:

(a)  is a member of the armed forces and is either deployed outside the continental United States in support of a contingency operation as provided in 10 U.S.C. 101(a)(13) or deployed in response to a state or national emergency; or

(b) is affected by a catastrophic or major natural disaster or man-made event that requires the applicant's assistance as a member of a local, state, or federal management agency.

(10) A qualifying applicant under (9) must notify the department a minimum of 14 days prior to the launch date of their permit.

(11)  The director or designee may authorize exceptions for extenuating circumstances.

(1) Organizations that demonstrate a commitment to the conservation of the species may submit a proposal to the commission for a license to be sold by auction or lottery.

(2) A proposal must include:

(a) a statement of the organization's purpose;

(b) copies of bylaws or articles of incorporation;

(c) details of the organization's previous involvement in the conservation of the species hunted under the license;

(d) details of the organization's previous experience in auctions or lotteries;

(e) information on how the auction or lottery would be conducted and an estimate of the potential revenue that will be generated; and

(f) a statement indicating whether the organization plans to retain up to 10% of the proceeds to cover reasonable auction expenses and that the organization will submit expenses associated with the auction of the license.

(3) The commission reserves the right to reject all bids and proposals.

(1) The department will solicit and accept proposals from organizations to conduct auctions or lotteries for licenses.

(2) Proposals for auctions or lottery licenses to be issued for the following license year must be received by the department's Licensing Bureau on or before July 15.

(1) A license obtained through an auction or lottery may not be resold and may not be transferred except in accordance with this rule. 

(2) The highest bidder or lottery winner may designate one person to receive the license before issuance of the license by submitting a completed and signed affidavit provided by the department.

(3) The department shall issue the appropriate hunting license to the highest bidder, lottery winner, or a designee:

(a) after receipt of completed application; and

(b) after verification that the applicant is legally able to be licensed.

(4) A license sold by auction or lottery is valid for one animal of the species for which it is issued.

(5) A license sold by auction or lottery may be used in legally described hunting districts during legal hunting seasons for the species for which the license is issued.