Montana Administrative Code

12.9.1406 THE QUOTA AND ESTABLISHING AND ADJUSTING THE QUOTA (1) For each delisted ecosystem, the commission will establish an annual quota for the number of delisted grizzly bears that may be taken by a livestock owner or other authorized person, whether permitted or not, pursua…

12.9.1407 THE MORTALITY THRESHOLD (1) The mortality threshold(s) is/are the maximum annual number of grizzly bear mortalities, within the DMA, that the population(s) can withstand while maintaining recovery levels. These recovery levels are described in the ecosystem conservation…

12.9.1408 GRIZZLY BEAR MORTALITIES THAT APPLY TO THE QUOTA AND THE MORTALITY THRESHOLD (1) A delisted grizzly bear taken within the DMA, pursuant to 87-5-301(3) and (4), MCA, counts towards the relevant quota and the relevant mortality threshold. (2) The quota and the total morta…

12.9.1409 IF A DELISTED GRIZZLY BEAR POPULATION OVERLAPS TWO OR MORE STATES (1) If a delisted grizzly bear population overlaps two or more states, the mortality threshold will be apportioned by a percentage allocated to each state involved, and the quota will consider the percent…

12.9.1410 ALLOWABLE LETHAL MANAGEMENT OF THE GRIZZLY BEAR (1) The commission authorizes the department to use lethal control of depredating grizzly bears. (2) Pursuant to 87-5-301(3), MCA, a livestock owner or other authorized person may take, without a permit or license, a delis…

12.9.1411 ALLOWABLE NON-LETHAL AND PREVENTATIVE MEASURES OF THE GRIZZLY BEAR (1) As allowed by 87-5-301 and 87-6-106(4), MCA, control of the grizzly bear includes a variety of non-lethal and preventative measures intended to decrease risk of, prevent, or resolve a conflict withou…

12.9.1412 BAITING GRIZZLY BEARS AND NORMAL LIVESTOCK AND AGRICULTURAL OPERATIONS (1) A person may not intentionally bait a grizzly bear. Normal livestock and agricultural operations are not considered baiting. Authorizing statute(s): 87-1-201, 87-1-301, MCA Implementing statute(s…

12.9.1413 REQUIREMENT TO MANAGE ANY DELISTED GRIZZLY BEAR POPULATION FOR FIVE YEARS PRIOR TO A HUNTING SEASON (1) The department shall manage any delisted grizzly bear population for at least five years from the time of delisting prior to proposing any hunting season for delisted…

12.9.1414 GRIZZLY BEAR ANNUAL REPORT (1) The department shall generate and publish a grizzly bear annual report starting the first year after either the Northern Continental Divide Ecosystem or the Greater Yellowstone Ecosystem is delisted and will continue thereafter. (2) The gr…

12.9.1415 GENETIC AND POPULATION AUGMENTATION (1) Upon delisting, the department shall continue to translocate grizzly bears between the Northern Continental Divide Ecosystem, the Greater Yellowstone Ecosystem, and other grizzly bear populations for genetic and population augment…

12.9.1416 DATE OF EFFECT AND APPLICABILITY (1) ARM 12.9.1404 through 12.9.1416 only apply to grizzly bear populations that have been delisted by the United States Fish and Wildlife Service and take effect upon the date that said populations are delisted and no longer subject to f…

12.9.1601 DEFINITIONS In addition to the definitions provided in 87-5-802, MCA, the following definitions apply to this subchapter: (1) “Conservation gain” means the anticipated improvement in population, trend, or distribution for a species of conservation need. (2) “Habitat upl…

12.9.1602 ELIGIBLE EXPENDITURES (REPEALED) (REPEALED) Authorizing statute(s): 87-5-808, MCA Implementing statute(s): 87-5-803, 87-5-804, 87-5-805, 87-5-806, 87-5-807, MCA History: NEW, 2018 MAR p. 632, Eff. 3/31/18; AMD, 2024 MAR p. 1453, Eff. 6/22/24; REP, 2026 MAR, Notice No. 2…

12.9.1603 APPLICATION PROCEDURE (1) The department will solicit grant proposals on an annual basis, with additional proposals solicited if funding is available, on another date established by the department. The department may reject proposals with incomplete information. (2) The…

12.9.1604 GRANT APPLICATIONS (1) Grant applications must address how projects would create habitat uplift or net conservation gain for species of conservation need or restore, rehabilitate, improve, or manage land or water as wildlife or aquatic habitat through habitat improvemen…

12.9.1605 GRANT APPLICATION SCORING AND RANKING (1) Scoring criteria are the primary guide for ranking applications and for the determination of grant viability. The department and advisory council will develop specific scoring guidance. Additional factors outside of the scoring …

12.9.1606 GRANTS (1) Grants may not exceed five years in duration. After the first year, funding allocations and reimbursements will depend on the satisfactory completion of grant award requirements in the previous year. (2) Upon request of the grantee, the department may extend …

12.9.201 AUGUSTA GAME PRESERVE (IS HEREBY REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-1-305, MCA History: Eff. 12/31/72; REP, 1982 MAR p. 1481, Eff. 7/30/82.

12.9.202 BRINKMAN GAME PRESERVE (REPEALED) Authorizing statute(s): 87-1-301, 87-5-402, MCA Implementing statute(s): 87-1-305, 87-5-401, MCA History: Eff. 12/31/72; AMD, 1984 MAR p. 256, Eff. 1/27/84; REP, 2023 MAR p. 1860, Eff. 12/23/23.

12.9.203 GREEN MEADOW GAME PRESERVE (IS HEREBY REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-1-305, MCA History: Eff. 12/31/72; REP, 2003 MAR p. 2082, Eff. 9/26/03.

12.9.204 LONE PINE GAME PRESERVE (IS HEREBY REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-1-305, MCA History: Eff. 12/31/72; REP, 2004 MAR p. 2370, Eff. 10/8/04.

12.9.205 MANHATTAN GAME PRESERVE (IS HEREBY REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-1-305, MCA History: Eff. 12/31/72; REP, 1990 MAR p. 1704, Eff. 8/31/90.

12.9.206 MCLEAN GAME PRESERVE (REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-1-305, MCA History: Eff. 12/31/72; REP, 2015 MAR p. 268, Eff. 3/13/15.

12.9.207 SEELEY LAKE GAME PRESERVE (1) The Seeley Lake Game Preserve is created as follows: Beginning at a point where forest service land and private land meet next to the Boy Scout Road in section 20, T17N, R15W, east on boundary between forest service and private land, then no…

12.9.208 SKALKAHO GAME PRESERVE (IS HEREBY REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-1-305, MCA History: Eff. 12/31/72; AMD, Eff. 8/5/74; REP, 1996 MAR p. 549, Eff. 2/23/96.

12.9.209 STILLWATER GAME PRESERVE (1) The boundary of the Stillwater Game Preserve is as follows: Starting at a point where East Reserve Drive and the Flathead River join between sections 26 and 35, township 29 north, range 21 west, thence in a westerly direction along the south …

12.9.210 WARM SPRINGS GAME PRESERVE (REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-1-305, MCA History: Eff. 12/31/72; REP, 1990 MAR p. 515, Eff. 3/16/90.

12.9.211 TETON-SPRING CREEK BIRD PRESERVE BOUNDARY ADJUSTMENT (REPEALED) Authorizing statute(s): 87-1-301, 87-5-402, MCA Implementing statute(s): 87-1-305, 87-1-401, MCA History: NEW, 1995 MAR p. 2252, Eff. 10/27/95; AMD, 2004 MAR p. 177, Eff. 1/30/04; REP, 2005 MAR p. 2330, Eff.…

12.9.301 WILD BIRD PERMITS (1) The director of fish, wildlife, and parks may issue a certificate or permit for the taking, capturing, and possession of birds protected under 87-5-201 , MCA, for the purposes herein specified, as follows: (a) bird banding as part of scientific inve…

12.9.302 MIGRATORY WATERFOWL PERMITS (IS HEREBY REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-3-403, MCA History: Eff. 12/31/72; REP, 1980 MAR p. 2192, Eff. 7/18/80.

12.9.305 SALE OF NONRESIDENT UPLAND GAME BIRD LICENSES (1) No more than 11,000 class B-1 nonresident upland game bird hunting licenses may be sold each license year. (2) Nonresident class B-1 upland game bird hunting licenses will be sold on a first come, first served basis. (3) …

12.9.401 DEFINITIONS For purposes of this rule the following definition applies: (1) "Hacking" means the reintroduction of peregrine falcons into their former range by any process to allow natural physical conditioning of eyasses or young birds of prey taken from the nest before …

12.9.402 INTERPRETIVE RULE (1) The commission interprets the definition of "natural habitat" to mean that the restrictions posed by 87-5-711 , MCA, et seq. apply only to those habitats in which the species proposed for location do not currently exist. Authorizing statute(s): 87-5…

12.9.403 REINTRODUCTION OF PEREGRINE FALCON (IS HEREBY REPEALED) Authorizing statute(s): 87-5-704, 87-5-711, MCA Implementing statute(s): 87-5-704, 87-5-711, MCA History: NEW, 1986 MAR p. 1462, Eff. 8/29/86; REP, 1996 MAR p. 1842, Eff. 7/4/96.

12.9.501 PURPOSE (IS HEREBY REPEALED) Authorizing statute(s): Sec. 87-1-241 MCA Implementing statute(s): Sec. 87-1-241, 87-1-242 MCA History: NEW, 1988 MAR p. 880, Eff. 5/13/88; REP, 1994 MAR p. 3095, Eff. 12/9/94.

12.9.502 STATEWIDE HABITAT ACQUISITION PLAN (IS HEREBY REPEALED) Authorizing statute(s): Sec. 87-1-241 MCA Implementing statute(s): Sec. 87-1-241, 87-1-242 MCA History: NEW, 1988 MAR p. 880, Eff. 5/13/88; REP, 1994 MAR p. 3095, Eff. 12/9/94.

12.9.503 DETERMINATION OF INTEREST IN LAND (IS HEREBY REPEALED) Authorizing statute(s): Sec. 87-1-241 MCA Implementing statute(s): Sec. 87-1-241, 87-1-242 MCA History: NEW, 1988 MAR p. 880, Eff. 5/13/88; REP, 1994 MAR p. 3095, Eff. 12/9/94.

12.9.504 MANAGEMENT OBJECTIVES AND PRELIMINARY MANAGEMENT PLANS (IS HEREBY REPEALED) Authorizing statute(s): Sec. 87-1-241 MCA Implementing statute(s): Sec. 87-1-241, 87-1-242 MCA History: NEW, 1988 MAR p. 880, Eff. 5/13/88; REP, 1994 MAR p. 3095, Eff. 12/9/94.

12.9.505 PUBLIC HEARING (IS HEREBY REPEALED) Authorizing statute(s): Sec. 87-1-241 MCA Implementing statute(s): Sec. 87-1-241, 87-1-242 MCA History: NEW, 1988 MAR p. 880, Eff. 5/13/88; REP, 1994 MAR p. 3095, Eff. 12/9/94.

12.9.506 PRESENTATION OF PRELIMINARY MANAGEMENT PLAN AND PUBLIC INPUT (IS HEREBY REPEALED) Authorizing statute(s): Sec. 87-1-241 MCA Implementing statute(s): Sec. 87-1-241, 87-1-242 MCA History: NEW, 1988 MAR p. 880, Eff. 5/13/88; REP, 1994 MAR p. 3095, Eff. 12/9/94.

12.9.507 APPROVAL OF ACQUISITION AND FINAL MANAGEMENT PLAN (IS HEREBY REPEALED) Authorizing statute(s): Sec. 87-1-241 MCA Implementing statute(s): Sec. 87-1-241, 87-1-242 MCA History: NEW, 1988 MAR p. 880, Eff. 5/13/88; REP, 1994 MAR p. 3095, Eff. 12/9/94.

12.9.508 MISSION (1) These rules establish the policy of the fish, wildlife and parks commission for the acquisition of wildlife habitat by the department of fish, wildlife and parks. This policy is popularly known as Habitat Montana. Habitat Montana is a key tool in achieving th…

12.9.509 GOALS (1) The goals for Habitat Montana are: (a) conservation of Montana's wildlife populations and natural communities via management strategies that keep them intact and viable for present and future generations; maintain wildlife population levels that sustain or enha…

12.9.510 BENEFITS (1) The commission intends Habitat Montana to deliver the following services and benefits: (a) conserve and enhance land, water and wildlife; (b) contribute to hunting and fishing opportunities; (c) provide incentives for habitat conservation on private land; (d…

12.9.511 APPLICATION (1) While this Habitat Montana policy specifically relates to funds acquired under 87-1-241 and 87-1-242, MCA, the Montana fish, wildlife and parks commission directs that these guidelines also apply, where appropriate, to all of the department's wildlife hab…

12.9.512 IMPLEMENTATION (1) The commission directs the department to complete a comprehensive statewide habitat plan and to execute that plan within the following parameters: (a) The department will identify specific staff responsible for implementation of Habitat Montana and est…

12.9.601 DEPARTMENT AUTHORIZATION OF PROJECTS (1) The department may authorize organizations or individuals to participate in the upland game bird release program following the submission of a written application describing the proposed project on forms provided by the department…