Montana Administrative Code

12.9.605 EFFECT OF RULE VIOLATIONS (1) Any person found guilty, pleading guilty or forfeiting bond for a violation of any of the upland game bird release program rules is disqualified from any further participation in the program. Authorizing statute(s): 87-1-249, MCA Implementin…

12.9.606 DEFINITIONS (1) "Upland game bird release program" means the programs established by 87-1-246 through 87-1-248, MCA, for both the compensation to eligible participants for the rearing and release of ring-necked pheasants, or the trapping and release of wild upland game b…

12.9.608 PHEASANT RELEASES BY DEPARTMENT (1) In order to meet the spending requirements set forth in 87-1-247 , MCA, the department may enter into agreements with private pheasant rearing facilities to provide pheasants for release on areas throughout Montana that meet the habita…

12.9.611 REQUIREMENTS OF PROJECTS INVOLVING WILD TURKEY RELEASES (1) The department may authorize participation in the upland game bird release program projects for turkeys if the proposed project meets the following requirements: (a) all releases made will be of wild/free rangin…

12.9.615 SUPPLEMENTAL FEEDING (1) The department may enter into agreements to provide supplemental feeding for pheasants during extreme winter weather conditions in Sheridan, Daniels, and Roosevelt counties. (2) The department will authorize supplemental feeding when 90% or more …

12.9.701 PROJECT APPLICATIONS (1) The department may authorize organizations or individuals to participate in the upland game bird habitat enhancement program following submission of a written application describing the proposed project on forms provided by the department and a r…

12.9.702 PROJECT REQUIREMENTS (1) Projects must meet the following requirements before the department may authorize participation in the program: (a) projects must be designed to establish, improve, or protect necessary habitat components such as nesting cover, effective winter c…

12.9.703 PROJECT REVIEW AND APPROVAL (1) Enhancement activities on public and private lands will be reviewed and prioritized for funding based on: (a) current species distribution and the potential to increase numbers of upland game birds; (b) species present on the project and s…

12.9.704 REPORTING REQUIREMENTS (1) Upon notification by the cooperator of project completion as outlined in the contract, department personnel or designee will inspect the project and submit written confirmation of project completion within 60 days to department headquarters. Au…

12.9.705 PAYMENT BY DEPARTMENT (1) The department will cost share upland game bird habitat enhancement projects as set forth in a contract or work plan. Project expenses derived from applicable cost lists, such as an NRCS standard cost list, may be used to determine project costs…

12.9.706 EFFECT OF RULE VIOLATIONS (1) Any person, agency, or organization found in violation of any of the upland game bird enhancement rules may be disqualified from further participation in the program. Authorizing statute(s): 87-1-249, MCA Implementing statute(s): 87-1-248, M…

12.9.707 DEFINITIONS (1) "Effective winter cover" means dense woody or herbaceous vegetative component on the landscape that provides upland game birds with thermal and protective cover in proximity to a nearby food source. (2) "Habitat site" means the area where actual enhanceme…

12.9.801 DAMAGE HUNTS (REPEALED) Authorizing statute(s): 87-1-225, MCA Implementing statute(s): 87-1-225, MCA History: NEW, 1991 MAR p. 815, Eff. 5/31/91; AMD, 1999 MAR p. 1297, Eff. 6/18/99; REP, 2006 MAR p. 1867, Eff. 7/28/06.

12.9.802 GAME DAMAGE (1) By law, the Department of Fish, Wildlife and Parks is required to respond to all big game damage complaints. General hunting seasons are the primary tool to deal with animals causing or having the potential to cause game damage. Landowners who allow publi…

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…

12.9.804 GAME DAMAGE HUNTS (1) Damage hunts are carried out according to the following policies and procedures: (a) during the season-setting process, the department requests that the commission tentatively approve a specified number of antlerless deer, antlerless elk, and doe/fa…

12.9.804A GAME DAMAGE HUNT ROSTER (1) A game damage hunt roster will be used to provide a list of some or all of the hunters available to participate in game damage hunts and management hunts, according to the following procedures: (a) hunters interested in participating in game …

12.9.805 SUPPLEMENTAL GAME DAMAGE LICENSES (1) To assist landowners who qualify for game damage assistance under the provisions of 87-1-225, MCA, the department, through the regional supervisor or designated staff, has the discretion to issue supplemental game damage licenses for…

12.9.808 MANAGEMENT SEASONS (REPEALED) Authorizing statute(s): 2-4-102, 87-1-301, MCA Implementing statute(s): 2-4-102, 87-1-301, MCA History: NEW, 2002 MAR p. 1306, Eff. 4/26/02; REP, 2006 MAR p. 1867, Eff. 7/28/06.

12.9.901 DEFINITIONS The following definition applies to this subchapter: (1) "Contractual public elk hunting access agreement" or "EHA agreement" means a negotiated agreement between the department and a landowner which defines how free public elk hunting may occur on land enrol…

12.9.902 ELIGIBILITY (REPEALED) (REPEALED) Authorizing statute(s): 87-1-201, 87-1-301, 87-2-513, MCA Implementing statute(s): 87-2-513, MCA History: NEW, 2002 MAR p. 1977, Eff. 7/26/02; REP, 2024 MAR p. 469, Eff. 3/9/24.

12.9.905 CONTRACTUAL PUBLIC ELK HUNTING ACCESS AGREEMENTS (REPEALED) (REPEALED) Authorizing statute(s): 87-1-201, 87-1-301, 87-2-513, MCA Implementing statute(s): 87-2-513, MCA History: NEW, 2002 MAR p. 1977, Eff. 7/26/02; REP, 2024 MAR p. 469, Eff. 3/9/24.

12.9.908 PROCESS FOR COMMISSION CONSIDERATION OF PERMITS (1) Elk hunting access applications must be submitted on a form prescribed by the department, and only complete applications will be accepted. (2) Elk hunting access applications must be received on or before May 1. Any elk…

12.9.911 PROCESS FOR SELECTING PERMIT HOLDERS (REPEALED) (REPEALED) Authorizing statute(s): 87-1-201, 87-1-301, 87-2-513, MCA Implementing statute(s): 87-2-513, MCA History: NEW, 2002 MAR p. 1977, Eff. 7/26/02; REP, 2024 MAR p. 469, Eff. 3/9/24.

14.4.106 INCORPORATION BY REFERENCE OF RULES GOVERNING EMPLOYER WORKFORCE TRAINING CREDIT AS ADOPTED BY THE DEPARTMENT OF REVENUE (REPEALED) Authorizing statute(s): 39-11-201, MCA Implementing statute(s): 39-11-201, 39-11-202, MCA History: NEW, 2003 MAR p. 2855, Eff. 12/25/03; RE…

14.6.101 DEFINITIONS Unless the context clearly requires otherwise, to aid in the implementation of the Montana Greater Sage-Grouse Stewardship Act and as used in these rules: (1) "Agency" for the purposes of the act means a department, agency, or instrumentality of the state of …

14.6.102 GRANTS (1) An applicant shall file an application for a grant under Title 76, chapter 22, part 1, MCA, on a form approved by MSGOT. MSGOT shall publish grant application deadlines on the department's web site. (2) Completed applications must be submitted with any support…

14.6.103 HABITAT QUANTIFICATION TOOL DESIGNATION (1) Designation of major versions of the Montana Mitigation System Habitat Quantification Tool Technical Manual for Greater Sage-Grouse shall prompt the initiation of rulemaking to incorporate the new major version by reference. (2…

14.6.104 COMPENSATORY MITIGATION SYSTEM (1) The mitigation sequence is applicable to all activities within sage grouse core areas, general habitat and connectivity habitat subject to agency review, approval, or authorization including temporary impacts that are later rectified th…

14.6.105 METHOD TO TRACK AND MAINTAIN THE NUMBER OF CREDITS AND DEBITS AVAILABLE AND USED (1) MSGOT or its designee shall assign a unique identifier for each credit created through funds disbursed from the Sage-Grouse Stewardship Account. (2) MSGOT or its designee shall assign a …

14.6.106 METHOD TO ADMINISTER THE REVIEW AND MONITORING OF MSGOT FUNDED PROJECTS (1) MSGOT, through the program, will establish a database and tracking system to review and monitor projects funded by MSGOT using the Sage-Grouse Stewardship Account. (2) The database and tracking s…

14.8.101 PURPOSE (REPEALED) Authorizing statute(s): 90-4-316, MCA Implementing statute(s): 90-4-316, MCA History: NEW, 1980 MAR p. 2796, Eff. 10/16/80; REP, 2020 MAR p. 1322, Eff. 7/25/20.

14.8.102 DEFINITIONS (REPEALED) Authorizing statute(s): 90-4-316, MCA Implementing statute(s): 90-4-316, MCA History: NEW, 1980 MAR p. 2796, Eff. 10/16/80; REP, 2020 MAR p. 1322, Eff. 7/25/20.

14.8.103 NOTIFICATION OF THE EXISTENCE OF AN ENERGY SUPPLY ALERT OR ENERGY EMERGENCY (REPEALED) Authorizing statute(s): 90-4-316, MCA Implementing statute(s): 90-4-309, 90-4-310, MCA History: NEW, 1980 MAR p. 2796, Eff. 10/16/80; REP, 2020 MAR p. 1322, Eff. 7/25/20.

14.8.104 ENERGY SUPPLY ALERT PROCEDURES - MOTOR GASOLINE (REPEALED) Authorizing statute(s): 90-4-316, MCA Implementing statute(s): 90-4-309, MCA History: NEW, 1980 MAR p. 2796, Eff. 10/16/80; REP, 2020 MAR p. 1322, Eff. 7/25/20.

14.8.105 PUBLIC SECTOR SUPPLY ALERT PROCEDURES - MOTOR GASOLINE (REPEALED) Authorizing statute(s): 90-4-316, MCA Implementing statute(s): 90-4-309, 90-4-311, MCA History: NEW, 1980 MAR p. 2796, Eff. 10/16/80; REP, 2020 MAR p. 1322, Eff. 7/25/20.

14.8.106 PRIVATE SECTOR SUPPLY ALERT PROCEDURES - MOTOR GASOLINE (REPEALED) Authorizing statute(s): 90-4-316, MCA Implementing statute(s): 90-4-309, MCA History: NEW, 1980 MAR p. 2796, Eff. 10/16/80; REP, 2020 MAR p. 1322, Eff. 7/25/20.

14.8.107 ENERGY SUPPLY ALERT PROCEDURES - MIDDLE DISTILLATES (REPEALED) Authorizing statute(s): 90-4-316, MCA Implementing statute(s): 90-4-309, MCA History: NEW, 1980 MAR p. 2796, Eff. 10/16/80; REP, 2020 MAR p. 1322, Eff. 7/25/20.

14.8.108 PUBLIC SECTOR SUPPLY ALERT PROCEDURES - MIDDLE DISTILLATES (REPEALED) Authorizing statute(s): 90-4-316, MCA Implementing statute(s): 90-4-309, 90-4-311, MCA History: NEW, 1980 MAR p. 2796, Eff. 10/16/80; REP, 2020 MAR p. 1322, Eff. 7/25/20.

14.8.109 PRIVATE SECTOR SUPPLY ALERT PROCEDURES - MIDDLE DISTILLATES (REPEALED) Authorizing statute(s): 90-4-316, MCA Implementing statute(s): 90-4-309, MCA History: NEW, 1980 MAR p. 2796, Eff. 10/16/80; REP, 2020 MAR p. 1322, Eff. 7/25/20.

14.8.110 ENERGY SUPPLY ALERT PROCEDURES - AVIATION GASOLINE (REPEALED) Authorizing statute(s): 90-4-316, MCA Implementing statute(s): 90-4-309, MCA History: NEW, 1980 MAR p. 2796, Eff. 10/16/80; REP, 2020 MAR p. 1322, Eff. 7/25/20.