12.9.803    PUBLIC HUNTING ELIGIBILITY REQUIREMENT

(1) To qualify for game damage assistance in accordance with 87-1-225 , MCA, 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. The department shall make determinations of eligibility based on the criteria set out in this rule. 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; 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.

History: 87-1-225, MCA; IMP, 87-1-225, MCA; NEW, 2006 MAR p. 1867, Eff. 7/28/06.