(1) On any water of the state, except Fort Peck reservoir, commercial fishing will be limited to one operator unless the department determines that additional harvest would be beneficial. Also special regulations regarding gear, limits, seasons, closures, etc., may be imposed on any water. Existing fishermen will receive first priority for retaining present permits. If additional waters are approved for commercial fishing or existing fishermen terminate their operation, the following criteria will be used to select permits for each water:

(a) ability of applicant to provide desired level of harvest;

(b) number of years of commercial fishing under Montana contract or permit;

(c) adequacy of equipment and facilities and investment in land and facilities in Montana for commercial fishing;

(d) previous fishing experience;

(e) state of residence.