Montana Administrative Code

12.3.623 RESIDENT SUPER-TAG HUNTING LICENSE Each resident purchasing a deer or elk general license between March 1 and June 30 shall be given a single entry into a random drawing for a Shiras moose, mountain sheep, or mountain goat super-tag, as designated by the Fish and Wildlif…

12.3.626 APPLICATION ERRORS Applications submitted with errors may be sent back to the applicants for correction at the department's discretion if time allows. If the department commits an error which results in the rejection or incorrect processing of an application that has bee…

12.3.627 LICENSE AND PERMIT REFUNDS All license sales are final. No refund will be issued for anylicenses or permitssold by the department, or associated fees,except as provided inthis rule. The department willissue refunds as follows: a surviving heir of a license or permit hold…

12.3.628 CONVERSION OF LICENSE TYPE A resident who has purchased a bear, deer, elk, bird, or fishing license may request a refund by returning the license to the Helena office or a regional office at the time of application for a class AAA combination license. A resident who purc…

12.3.629 EXTENSION OF DEADLINES The director has the authority to extend a deadline for purchasing or applying for a license or permit if, in the director's discretion, a significant event occurs that hinders the public from purchasing or applying for licenses or permits. Authori…

12.3.650 SMITH RIVER PERMIT A permit and payment of floating fees are required to float the Smith River from the Camp Baker put-in to the Eden Bridge take-out year-round. This requirement does not apply to a landowner conducting a day float solely for the purpose of performing ma…

12.3.651 SMITH RIVER BONUS POINTS Smith River bonus points are non-refundable and non-transferable between applicants. Smith River bonus points do not apply to hunting permits or licenses. A person may purchase only one bonus point per year and may: purchase a bonus point when ap…

12.3.801 PROPOSALS FOR LICENSES SOLD BY AUCTION OR LOTTERY Organizations that demonstrate a commitment to the conservation of the species may submit a proposal to the commissionfor a license to be sold by auction or lottery. A proposal must include: a statement of the organizatio…

12.3.802 PROCEDURE FOR SUBMITTING PROPOSALS AND AWARDING AN AUCTION OR LOTTERY LICENSE The department will solicit and accept proposals from organizations to conduct auctions or lotteries for licenses. Proposals for auctions or lottery licenses to be issued for the following lice…

12.3.803 ISSUANCE AND USE OF A LICENSE SOLD BY AUCTION OR LOTTERY A license obtained through an auction or lottery may not be resold and may not be transferred except in accordance with this rule. The highest bidder or lottery winner may designate one person to receive the licens…

12.4.101 PURPOSE The subchapter sets forth the regulations pertaining to management under 87-1-303 and 23-2-302, MCA, of recreational use of rivers and streams. Authorizing statute(s): 87-1-303, MCA Implementing statute(s): 23-2-302, MCA History: NEW, 1985 MAR p. 917, Eff. 7/12/8…

12.4.102 DEFINITIONS For the purposes of this subchapter the definitions found in 23-2-301, MCA, and the following definitions apply: "Adversely affecting" means significantly and harmfully altering the quality or quantity of fish or wildlife populations. "Damage" means physical …

12.4.103 PETITIONS Any person may petition the commission: to limit, restrict, or prohibit the type, incidence, or extent of recreational use of a surface water as provided in this section; or to alter limitations, restrictions, or prohibitions on recreational use of a surface wa…

12.4.104 PETITIONS RELATING TO RESTRICTING RECREATIONAL USE OF CLASS I OR CLASS II RIVERS AND STREAMS Any person may petition the commission for an order limiting, restricting or prohibiting the type, incidence, or extent of recreational use of a class I or class II water. A peti…

12.4.105 PETITIONS RELATING TO ALTERING RECREATIONAL USE OF CLASS I OR CLASS II RIVERS AND STREAMS Any person may petition the commission for an order altering limitations, restrictions, or prohibitions on recreational use of class I or class II rivers and streams ordered by the …

12.4.106 SPECIAL DESIGNATIONS OF CLASS II STREAMS Any person may petition the commission for an order to identify class II streams which are not capable of recreational use or are capable of limited recreational use, and to restrict the recreational use to the actual capacity of …

12.4.201 OVERVIEW OF BLOCK MANAGEMENT RULES ARM 12.4.201 through 12.4.210 regulate the block management program administered by the department. Authorizing statute(s): 87-1-301, 87-1-303 MCA Implementing statute(s): 87-1-301, 87-1-303, MCA History: NEW, 1994 MAR p. 1691, Eff. 6/2…

12.4.202 ADMINISTRATION OF BLOCK MANAGEMENT PROGRAM Under 87-1-301(1) (c) , MCA, and 87-1-303, MCA, the fish, wildlife, and parks commission has authority to develop rules governing the use of lands controlled by the department or that it operates under agreement with federal, st…

12.4.203 DEFINITIONS The following definitions apply to this subchapter: "Accessible state lands" meansstate lands under the jurisdiction of the Montana Department of Natural Resources and Conservation. "BMA" means a block management area. A BMA is a specified area on which, by c…

12.4.204 CRITERIA FOR PARTICIPATION (REPEALED) (REPEALED) Authorizing statute(s): 87-1-301, 87-1-303, MCA Implementing statute(s): 87-1-301, 87-1-303, MCA History: NEW, 1994 MAR p. 1691, Eff. 6/24/94; AMD, 1996 MAR p. 1139, Eff. 4/26/96; REP, 2024 MAR p. 464, Eff. 3/9/24.

12.4.205 USE OF BLOCK MANAGEMENT AREAS If a hunter reserves permission on a BMA that restricts hunter numbers or requires reservations, that hunter cannot reserve permission on another BMA, for that same day, unless the hunter receives permission from the cooperator. The cooperat…

12.4.206 COMPENSATION TO COOPERATORS Cooperators enrolled in the BMA program may receive the following types of payments: a basic enrollment payment; a basic hunter dayimpact payment computed at an amount per hunter day; a length of season impact paymentfor cooperators who place …

12.4.207 OUTFITTING AND COMMERCIAL HUNTING ACTIVITY Outfitting and commercial hunting activities on BMAs are not consistent with the intent of providing free public access to recreational opportunities on private lands. Outfitting may not take place on a BMA unless public recreat…

12.4.208 INFORMATION DISSEMINATION (REPEALED) (REPEALED) Authorizing statute(s): 87-1-301, 87-1-303, MCA Implementing statute(s): 87-1-301, 87-1-303, MCA History: NEW, 1994 MAR p. 1691, Eff. 6/24/94; AMD, 1996 MAR p. 1139, Eff. 4/26/96; REP, 2024 MAR p. 464, Eff. 3/9/24.

12.4.209 INCLUSION OF STATE LANDS IN BLOCK MANAGEMENT AREAS State lands administered by DNRC may be included in BMAs. Whenever a proposed BMA includes accessible state lands, the procedures set forth in ARM 36.25.164 through 36.25.167 shall be followed. Authorizing statute(s): 87…

12.4.210 COMPLAINT RESOLUTION SYSTEM If a cooperator or a public hunter has an issue and the issue has not been resolved by regional department staff, the cooperator or hunter may submit a formal complaint to the regional supervisor. Formal complaints must be in writing, signed b…

12.5.101 COAL RESOURCE STATEMENT (REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-1-201, 87-1-301, MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1836, Eff. 7/4/96.

12.5.102 NATURAL RESOURCES DEVELOPMENT POLICY The Montana Fish, Wildlife and Parks Commission recognizes the nation's need for an expanded and continuing supply of natural resources and recognizes the economic opportunities associated with the development of these resources. The …

12.5.201 ENDANGERED SPECIES LIST The following endangered species list is established in accordance with Title 87, chapter 5, MCA. Except as otherwise provided, it is unlawful for any person to take, possess, transport, export, sell or offer for sale, and for any common or contra…

12.5.401 Oil and Gas Leasing Policy for Department-Controlled Lands (REPEALED) Authorizing statute(s): 23-1-106, 87-1-301, MCA Implementing statute(s): 23-1-102, 87-1-303, MCA History: NEW, 1978 MAR p. 660, Eff. 9/29/78; AMD, 1984 MAR p. 1475, Eff.10/12/84; REP, 1996 MAR p.1836, …

12.5.501 ANGLING RESTRICTIONS AND FISHING CLOSURE DEFINITIONS "Drought Management Plan" means a unique individual watershed or stream reach plan to address site-specific stream flow and fishery issues in the event of drought that has been reviewed and accepted by the department a…

12.5.502 COMMISSION APPROVAL FOR ANGLING RESTRICTIONS OR FISHING CLOSURES When the department determines, pursuant to ARM 12.5.507, that a fishery has the potential to be detrimentally impacted by environmental conditions, the commission authorizes the department to implement ang…

12.5.503 TYPES OF ANGLING RESTRICTION AND FISHING CLOSURES The department may implement either an angling restriction or a fishing closure pursuant to ARM 12.5.502. An angling restriction prohibits fishing during that period of the day when water temperatures are the highest, usu…

12.5.507 ANGLING RESTRICTION AND FISHING CLOSURE CRITERIA The department shall use the following criteria to determine whether to implement angling restrictions in streams: angling pressure as determined by the department has the potential to contribute to excessive fish mortalit…

12.5.508 REOPENING WATERS Except on waters with a drought management plan, an angling restriction or fishing closurewill remain in effect untilreopening criteria described in (2), (3), or (4)have been met. The department may reopen streams managed for nonnative salmonids when the…

12.5.509 NOTIFICATION OF ANGLING RESTRICTIONS OR FISHING CLOSURES Prior to the effective date of the angling restriction or fishing closure the department shall: post notice of the angling restriction or fishing closure on the agency web site; post notice of the angling restricti…

12.5.701 IDENTIFIED CONTAMINATED BODIES OF WATER FOR EURASIAN WATERMILFOIL The department will identify bodies of water within any Department of Agriculture designated Eurasian watermilfoil management area as contaminated with Eurasian watermilfoil. The department has identified …

12.5.702 RESTRICTIONS WITHIN IDENTIFIED CONTAMINATED BODIES OF WATER FOR EURASIAN WATERMILFOIL The prohibitions of 80-7-1010, MCA apply to the bodies of water identified as contaminated in ARM 12.5.701 except: possession of bait animals, dead or alive, is approved when allowed pe…

12.5.703 BODIES OF WATER NOT IDENTIFIED AS CONTAMINATED WITHIN AN EURASIAN WATERMILFOIL MANAGEMENT AREA Any body of water not identified as contaminated within the boundaries of a Department of Agriculture designated Eurasian watermilfoil management area are subject to the regula…

12.5.706 AQUATIC INVASIVE SPECIES QUARANTINE MEASURES WITHIN INVASIVE SPECIES MANAGEMENT AREA the department has identified all areas of the State of Montana as an invasive species management area because of the threat of infestation of aquatic invasive species. The department ha…

12.5.707 IDENTIFIED BODIES OF WATER CONFIRMED OR SUSPECTED FOR AQUATIC INVASIVE MUSSELS (REPEALED) Authorizing statute(s): 80-7-1007, 80-7-1008, 80-7-1010, 87-1-201, MCA Implementing statute(s): 80-7-1008, 80-7-1010, 80-7-1011, MCA History: NEW, 2017 MAR p. 438, Eff. 4/15/17; AMD…

12.5.709 PILOT PROGRAM FOR FLATHEAD BASIN Vessels and equipment traveling into the Flathead Basin that have been used on waters outside of the Flathead Basin must be inspected at a department inspection station prior to launching within the Flathead Basin. Emergency response vehi…

12.6.1001 SNARE TRAPS Snare traps may be used to lawfully take predators, furbearers, unprotected nongame animals, and unprotected nongame birds. Livestock owners, employees of the department and of the federal Fish and Wildlife Service may use snare traps to lawfully take depred…

12.6.1005 KILL SITE VERIFICATION At the request of a department game warden, it is required to return to the kill site of any game animal, game bird, wolf, or furbearer that has been hunted or trapped. Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-1-502, 87-1-…

12.6.101 DESIGNATED LOCATIONS Any person who shall use, place, or cause to be placed an ice fishing shelter on the surface of the following bodies of water shall be subject to the provisions of the rules in this subchapter: Brown's Lake; Georgetown Lake; Deadman's Basin; Lake Fra…

12.6.1010 TWO-WAY ELECTRONIC COMMUNICATION WHILE HUNTING Two-way electronic communication includes, but is not limited to, the radios (walkie-talkies/CB); cell phones; text messages; and the use of social media or other electronic platforms, applications, or programs. The use of …

12.6.1015 IDENTIFIED STATES AND PROVINCES WITH DOCUMENTED OCCURRENCES OF CHRONIC WASTING DISEASE The commission has determined that the U.S. Geological Survey, National Wildlife Health Center maintains the most accurate and updated list of states and provinces with documented occ…

12.6.1016 PROCESS FOR IDENTIFYING FACILITIES IN STATES AND PROVINCES THAT PRODUCE URINE ALLOWED FOR THE PURPOSE OF MASKING HUMAN ODOR The commission recognizes that the criteria in 87-6-221(2), MCA are met by the standards of the Archery Trade Association (ATA) and the Responsibl…

12.6.1017 SCENTS APPROVED BY THE COMMISSION FOR ATTRACTING GAME BIRDS AND GAME ANIMALS Pursuant to 87-6-101, MCA, urine-based and natural glandular scents are approved by the commission for the purposes of attracting game animals and game birds if the scents: originate from a sta…