This rule has been repealed.

(a) whooping crane (grus americana);

(b) Northern Rocky Mountain wolf (canis lupus irremotus); and

(i) Subsection (1)(b) will be applied until the date the gray wolf in Montana is no longer subject to federal jurisdiction under the Endangered Species Act, 16 U.S.C. 1531, et seq., and the department and commission have sole jurisdiction over the management of the gray wolf in Montana.

(c) black-footed ferret (mustela nigripes).

This rule has been transferred.

This rule has been repealed.

(1) "Drought Management Plan" means a unique individual watershed or stream reach plan to address site-specific stream flow and fishery issues in the event of drought that has been reviewed and accepted by the department as a preferred drought management alternative. The plans are usually created by watershed groups composed of local agriculture, conservation, business, and angler interests.

(2) "5th percentile of daily mean values for this day" is the daily stream flow value that, based on a scale of one hundred, indicates the percent of a distribution equal to or below it. For example, a display of daily stream flow conditions at the 5th percentile is equal to or greater than only 5 percent of the discharge values recorded on this day of the year during all years that measurements have been made. Flows that are 5th percentile or lower represent an extreme low flow condition.

(1) When the department determines, pursuant to ARM 12.5.507, that a fishery has the potential to be detrimentally impacted by environmental conditions, the commission authorizes the department to implement angling restrictions or fishing closures with the approval of the commissioner in whose district the angling restriction or fishing closure is proposed. If the commissioner is not available, the department may request approval from the commission chair or, in absence of the commission chair, any other commissioner.

(2) The department shall report to the commission, during its next regularly scheduled meeting, the implementation or lifting of any angling restriction or fishing closure implemented pursuant to this rule.

(3) Voluntary closures will not be implemented under this rule.

(1) The department may implement either an angling restriction or a fishing closure pursuant to ARM 12.5.502.

(2) An angling restriction prohibits fishing during that period of the day when water temperatures are the highest, usually between the hours of 2:00 p.m. and midnight. The hours may be extended to cover more of the day if the criteria in ARM 12.5.507 can be established but do not necessitate a fishing closure.

(3) A fishing closure prohibits all fishing on designated waters at all times.

(1) The department shall use the following criteria to determine whether to implement angling restrictions in streams:

(a) angling pressure as determined by the department has the potential to contribute to excessive fish mortality; and

(b) one or more of the following environmental conditions has been determined by the department to exist:

(i) in nonnative salmonid streams designated by the department in the Statewide Fisheries Management Plan, daily maximum water temperatures equal to or exceeding 73 degrees Fahrenheit at any time during the day for three consecutive days;

(ii) in cutthroat trout streams designated by the department in the Statewide Fisheries Management Plan, daily maximum water temperature equal to or exceeding 66 degrees Fahrenheit at any time during the day for three consecutive days; 

(iii) in bull trout streams designated by the department in the Statewide Fisheries Management Plan, a daily maximum water temperature equal to or exceeding 60 degrees Fahrenheit at any time during the day for three consecutive days;

(iv) stream flows fall to or below the 5th percentile of daily mean values for this day flow level based upon hydrologic records for that water body; or

(v) water conditions meet the criteria for angling restrictions as stated in a drought management plan; or

(c) other biological or environmental conditions such as, but not limited to, water body pollution, disease, or concentration of angling pressure due to other restrictions or closures that the department determines have the potential to contribute to excessive fish mortality.

(2) A fishing closure may be implemented when:

(a) conditions of (1) develop or degrade;

(b) dissolved oxygen is equal to or less than 4 ppm when measured in the early morning before sunrise; or 

(c) water conditions meet the criteria for fishing closures as stated in a drought management plan.

(3) An angling restriction or fishing closure may be delayed or may not be implemented by the department if closure criteria are forecast to be met for a short duration.

(1) Except on waters with a drought management plan, an angling restriction or fishing closure will remain in effect until reopening criteria described in (2), (3), or (4) have been met.

(2) The department may reopen streams managed for nonnative salmonids when the department determines in its discretion that daily maximum water temperature does not exceed 70 degrees Fahrenheit for three consecutive days.

(3) The department may reopen streams managed for cutthroat trout when the department determines that daily maximum water temperature does not exceed 66 degrees Fahrenheit for three consecutive days.

(4) Streams designated by the department to have bull trout shall remain closed until the following conditions occur:

(a) daily maximum water temperature equals or does not exceed 60 degrees Fahrenheit for three consecutive days; and

(b) when flow regimes provide adequate security habitat.

(5) Reopening waters may be delayed by the department if:

(a)  reopening criteria is forecast to be met for a short duration;

(b) conditions on priority waters defined by the department in the Statewide Fisheries Management Plan do not provide adequate security habitat; or

(c) angling pressure due to restrictions and closures on other waterbodies has the potential to contribute to excessive fish mortality.

(1) Prior to the effective date of the angling restriction or fishing closure the department shall:

(a) post notice of the angling restriction or fishing closure on the agency web site;

(b) post notice of the angling restriction or fishing closure at fishing access sites within the affected area; and

(c) send press releases regarding the angling restriction or fishing closure to newspapers and media outlets having general distribution in the affected watershed or water body.

(1) The department will identify bodies of water within any Department of Agriculture designated Eurasian watermilfoil management area as contaminated with Eurasian watermilfoil.

(2) The department has identified the following bodies of water as contaminated with Eurasian watermilfoil:

(a) Fort Peck Reservoir;

(b) Fort Peck Dredge Cut Ponds;

(c) Jefferson River;

(d) Missouri River:

(i) from Fort Peck Dam to the mouth of the Milk River;

(ii) from the confluence of the three forks of the Missouri River to the headwaters of Canyon Ferry Reservoir; and

(e) Toston Reservoir.

(1) The prohibitions of 80-7-1010, MCA apply to the bodies of water identified as contaminated in ARM 12.5.701 except:

(a) possession of bait animals, dead or alive, is approved when allowed per fishing regulations;

(b) transportation of aquatic bait animals is approved from contaminated bodies of water in water from a noncontaminated source when allowed per fishing regulations; and

(c) transportation of live fish is approved from contaminated bodies of water in water from a noncontaminated source, when allowed per fishing regulations.

(2) Upon departure of a contaminated body of water all vessels and equipment, including bait buckets, must be free of Eurasian watermilfoil.

(1)  the department has identified all areas of the State of Montana as an invasive species management area because of the threat of infestation of aquatic invasive species.

(2) The department has determined the following quarantine measures are necessary to prevent the spread of aquatic invasive mussels:

(a) vessels and equipment approaching a department inspection station must stop for inspection as directed;

(b) vessels and equipment entering the state that do not approach a department inspection station must be inspected for aquatic invasive species prior to launching in any Montana water body, unless previously approved by the department for local use only;

(c) vessels and equipment traveling across the Continental Divide into the Columbia River Basin that have been used on waters outside of the Columbia River Basin must be inspected at a department inspection station prior to launching within the Columbia River Basin.  The department will post approved inspection stations and operating hours at fwp.mt.gov;

(d) upon removing a vessel from any surface waters and before leaving the associated boat launch or parking area, all aquatic vegetation must be removed from the vessel, trailer, and equipment;

(e) transport of surface water is prohibited unless authorized by the department;

(f) live aquatic bait and fish must be transported in clean non-surface water where allowed in current public fishing regulations;

(g) reasonable measures must be taken to dry or drain all compartments or spaces that hold water, including emptying bilges, applying absorbents, and ventilation; and

(h) areas subject to inspection include but are not limited to:

(i) the exterior of the vessel;

(ii) livewells;

(iii) bait buckets;

(iv) ballast tanks;

(v) bilge areas; and

(vi) trailer transporting vessel.

(3) Any vessel at an inspection station found with invasive species, or any vessel containing residual water that has been in infested water in the last 30 days, will be decontaminated by AIS staff as arranged by the department. Infested waters that contain microscopic AIS species are identified on the map titled "Mussel-Infested States and Waterbodies" available at fwp.mt.gov. AIS staff shall refer to the map or to the most current known information.

(4) Decontamination methods on vessels subject to (3) may include hot water washing, hot water flushing, and drying time, including interior portions of complex engine systems and pumps. A decontamination order may be issued that requires a drying period as directed by the department. The drying time will depend on weather conditions. During the drying period, the department may lock the vessel to the trailer to prevent launching. The department will be responsible for arranging the time and location to unlock the vessel when the drying time is complete. It is prohibited for anyone other than authorized department staff to remove the lock during the drying time. If a vessel requires a drying period as part of the decontamination process, then the vessel must pass a second inspection prior to launching in Montana waters in order to be considered decontaminated.

(5) Upon inspection and/or decontamination, proof of compliance on any requirements will be provided and must be shown upon request.

(6) Emergency response vehicles and equipment engaging in emergency response activities are exempt.

(7) Violation of this rule is subject to penalty under 80-7-1014, MCA.

This rule has been repealed.

(1) Vessels and equipment traveling into the Flathead Basin that have been used on waters outside of the Flathead Basin must be inspected at a department inspection station prior to launching within the Flathead Basin. 

(2) Emergency response vehicles and equipment engaging in emergency response activities are exempt.

(3) Violation of this rule is subject to penalty under 80-7-1014, MCA.