(1) The following requirements shall apply to applications filed and facilities constructed prior to May 15, 1992, for game farms holding cloven-hoofed ungulates. If the facilities are not in compliance with this rule or are not otherwise game proof, they will be subject to the requirements in ARM 12.6.1531. Reconstruction of such facilities must satisfy the minimum standards in ARM 12.6.1531, any additional requirements in the license and any further requirements to ensure that the fences are game proof.

(2) For elk, fencing must be, at a minimum:

(a) 72 feet high, constructed of woven wire of 122 gauge; or

(b) of a construction and material that the applicant can document has been successfully used in other locales for the same species and under similar conditions.

(3) For all other species of game farm animals under 87-4-406 , MCA, and ARM 12.6.1520, fencing will be required that has been documented in other areas as being sufficient to keep animals of the same species confined under similar conditions as is proposed by the applicant.

(4) Fence right-of-way must be cleared of all dead timber with a height greater than eight feet for a distance of eight feet on the inside of the fence.