12.3.104    ESTABLISHMENT OF PRIORITY FOR LANDOWNERS IN ISSUANCE OF ANTELOPE OR DEER HUNTING LICENSES

(1) Subject to the provisions hereinafter stated, in the establishing of special seasons or areas for the hunting of antelope or in the establishing of permit seasons or areas for the hunting of deer, and in the issuance of permits or licenses therefore, the department will issue such licenses or permits to landowners as hereinafter defined, before conducting any drawing for eligibility for issuance of same in accordance with the following:

(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.

History: 87-1-304, MCA; IMP, 87-1-304, MCA; NEW, Eff. 10/5/73; AMD, Eff. 4/4/75; AMD, Eff. 5/6/77; AMD, 1996 MAR p. 768, Eff. 3/22/96.