Montana Administrative Code

12.6.101 DESIGNATED LOCATIONS (1) 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: (a) Brown's Lake; (b) Georgetown Lake; (c) Deadman's…

12.6.1010 TWO-WAY ELECTRONIC COMMUNICATION WHILE HUNTING (1) Two-way electronic communication includes, but is not limited to, the (a) radios (walkie-talkies/CB); (b) cell phones; (c) text messages; and (d) the use of social media or other electronic platforms, applications, or p…

12.6.1015 IDENTIFIED STATES AND PROVINCES WITH DOCUMENTED OCCURRENCES OF CHRONIC WASTING DISEASE (1) 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…

12.6.1016 PROCESS FOR IDENTIFYING FACILITIES IN STATES AND PROVINCES THAT PRODUCE URINE ALLOWED FOR THE PURPOSE OF MASKING HUMAN ODOR (1) 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 Respon…

12.6.1017 SCENTS APPROVED BY THE COMMISSION FOR ATTRACTING GAME BIRDS AND GAME ANIMALS (1) 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: (a) originate fr…

12.6.102 DEFINITION OF SHELTER (1) An ice fishing shelter shall be any form of hut or shelter constructed of canvas, cardboard, paper, plastic, poles or boards, sheet metal, pressed wood, or any other material, except those shelters or windbreaks constructed entirely of snow or i…

12.6.103 IDENTIFICATION OF SHELTER (1) Each shelter owner must mark his shelter with his name as well as his address and/or phone number, painted or otherwise permanently affixed to the shelter in legible letters, not less than 2 inches in height, of contrasting color to the back…

12.6.104 SHELTER ACCESS (1) Each shelter of closed type construction shall have a door readily opened from the outside for inspection by an officer while the shelter is occupied. The door shall not be latched from the inside. Authorizing statute(s): 87-1-201, 87-1-303, MCA Implem…

12.6.105 UNLAWFUL USE OF SHELTER (1) It shall be prohibited for any person to use, fish from, or occupy an ice fishing shelter if such shelter does not conform to ARM 12.6.103 and 12.6.104. Authorizing statute(s): Secs. 87-1-201, 87-1-303 MCA Implementing statute(s): Sec. 87-1-30…

12.6.106 REMOVAL OF SHELTER (1) Users of fishing shelters on the following waters shall remove such shelters in their entirety from the ice each day after fishing: (a) Brown's Lake (b) Georgetown Lake (c) Deadman's Basin (d) Echo Lake (e) Fitzpatrick Lake (f) Helena Valley Regula…

12.6.107 TRANSPORTING SHELTERS (1) Transportation of shelters to and from the shoreline shall be only over authorized roads. Authorizing statute(s): Secs. 87-1-201, 87-1-303 MCA Implementing statute(s): Sec. 87-1-303 MCA History: NEW, 1978 MAR p. 386, Eff. 3/25/78; AMD, 1979 MAR …

12.6.108 RESPONSIBILITY FOR CLEAN-UP (1) It shall be the responsibility of the owners and users of each fishing shelter to keep the immediate area around their shelter free from rubbish or debris. All litter and rubbish shall be gathered by each ice fisherman and either deposited…

12.6.1101 DEFINITIONS For purposes of this subchapter, the following definitions apply: (1) "Bred in captivity" or "captive-bred" means raptors, including eggs, hatched in captivity from parents that mated or otherwise transferred gametes in captivity. (2) "Commission" means the …

12.6.1102 RECORDS (REPEALED) Authorizing statute(s): Secs. 87-1-201, 87-5-204 MCA Implementing statute(s): Sec. 87-5-204 MCA History: Eff. 12/31/72; REP, 1992 MAR p. 2381, Eff. 10/30/92.

12.6.1103 FALCONRY PERMIT CLASSES The department issues three classes of permits. (1) An apprentice permittee: (a) must be at least 12 years old; (b) if under 18 years of age, a parent or legal guardian, who is legally responsible for falconry activities, must sign the applicatio…

12.6.1104 APPLICATION FOR PERMITS (REPEALED) Authorizing statute(s): Secs. 87-1-201, 87-5-204 MCA Implementing statute(s): Sec. 87-5-204 MCA History: Eff. 12/31/72; AMD, Eff. 5/1/77; AMD, 1977 MAR p. 535, Eff. 9/24/77; REP, 1992 MAR p. 2381, Eff. 10/30/92.

12.6.1105 FACILITIES REQUIREMENTS (REPEALED) Authorizing statute(s): Secs. 87-1-201, 87-5-204 MCA Implementing statute(s): Sec. 87-5-204 MCA History: Eff. 12/31/72; AMD, Eff. 5/1/77; REP, 1992 MAR p. 2381, Eff. 10/30/92.

12.6.1106 HANDLING EQUIPMENT (1) A permittee must have jesses or the materials and equipment to make them, leash and swivel, bath container, and appropriate scales or balances, capable of weighing to the gram or half ounce, in the permittee's possession. Authorizing statute(s): 8…

12.6.1107 FOOD SUPPLY (REPEALED) Authorizing statute(s): Secs. 87-1-201, 87-5-204 MCA Implementing statute(s): Sec. 87-5-204 MCA History: Eff. 12/31/72; REP, 1992 MAR p. 2381, Eff. 10/30/92.

12.6.1108 MARKERS (REPEALED) Authorizing statute(s): Secs. 87-1-201, 87-5-204 MCA Implementing statute(s): Sec. 87-5-204 MCA History: Eff. 12/31/72; AMD, Eff. 5/1/77; REP, 1992 MAR p. 2381, Eff. 10/30/92.

12.6.1109 EXAMINATION (1) Before an applicant is issued an apprentice permit he or she must correctly answer at least 80 percent of the questions on an examination administered by the department. (2) The examination must cover care and handling of falconry raptors, federal and st…

12.6.1110 DENIAL OF APPLICATION AND REVOCATION OF PERMIT (REPEALED) Authorizing statute(s): Secs. 87-1-201, 87-5-204 MCA Implementing statute(s): Sec. 87-5-204 MCA History: Eff. 12/31/72; REP, 1992 MAR p. 2381, Eff. 10/30/92.

12.6.1111 OTHER REQUIREMENTS FOR PERMITTEES (REPEALED) Authorizing statute(s): Secs. 87-1-201, 87-5-204 MCA Implementing statute(s): Sec. 87-5-204 MCA History: Eff. 12/31/72; AMD, Eff. 5/1/77; REP, 1992 MAR p. 2381, Eff. 10/30/92.

12.6.1112 TAKING, POSSESSING, AND TRANSPORTING RAPTORS FOR FALCONRY (1) A permittee may not intentionally capture a raptor species that their classification as a falconer does not allow them to possess. If a permittee captures such a bird, it must be released immediately. (2) A r…

12.6.1113 POSSESSION OF RAPTORS (REPEALED) Authorizing statute(s): Secs. 87-1-201, 87-5-204 MCA Implementing statute(s): Secs. 87-5-204, 87-5-206 MCA History: Eff. 12/31/72; AMD, Eff. 5/1/77; REP, 1992 MAR p. 2381, Eff. 10/30/92.

12.6.1114 RELEASE OF RAPTORS (REPEALED) Authorizing statute(s): Secs. 87-1-201, 87-5-204 MCA Implementing statute(s): Sec. 87-5-204 MCA History: Eff. 12/31/72; AMD, Eff. 5/1/77; REP, 1992 MAR p. 2381, Eff. 10/30/92.

12.6.1115 TEMPORARY CARE (REPEALED) Authorizing statute(s): Secs. 87-1-201, 87-5-204 MCA Implementing statute(s): Sec. 87-5-204 MCA History: Eff. 12/31/72; AMD Eff. 5/1/77; REP, 1992 MAR p. 2381, Eff. 10/30/92.

12.6.1116 FEATHERS (1) A permittee may possess flight feathers for each species of raptor currently or previously in possession for the purpose of replacing a damaged feather with a molted feather (imping). Feathers for imping may be received from other permitted falconers, wildl…

12.6.1117 RECIPROCITY (REPEALED) Authorizing statute(s): Secs. 87-1-201, 87-5-204 MCA Implementing statute(s): Secs. 87-5-204, 87-5-208 MCA History: Eff. 12/31/72; AMD, Eff. 5/1/77; REP, 1992 MAR p. 2381, Eff. 10/30/92.

12.6.1118 ENFORCEMENT (1) Falconry birds, facilities, equipment, and records may be inspected only in the presence of the permittee during normal business hours on any day of the week by department officials. Authorizing statute(s): 87-1-201, 87-5-204, MCA Implementing statute(s)…

12.6.1119 PERMIT REQUIREMENTS (1) A Montana falconry permit, or for nonresidents, a valid falconry permit from another state meeting federal falconry standards, is required before any person may possess, transport, sell, purchase, barter, or offer to sell, purchase or barter rapt…

12.6.1120 FALCONRY PERMITS (1) The director may issue falconry permits in response to applications received on forms provided by the department, provided an applicant meets the requirements and otherwise complies with the provisions of this rule. (a) Permits are valid for a perio…

12.6.1121 FACILITIES AND EQUIPMENT (REPEALED) Authorizing statute(s): 87-5-204, MCA Implementing statute(s): 87-5-204, MCA History: NEW 1992 MAR p. 2381, Eff. 10/30/92; REP, 2009 MAR p. 1470, Eff. 8/28/09.

12.6.1122 FACILITIES (1) Permittees must keep all raptors held under their falconry permit in humane and healthful conditions. (2) Whether indoors (mews) or outdoors (weathering area), raptor facilities must protect raptors from the environment, predators, and domestic animals. P…

12.6.1123 REPORTING (1) No permittee may take, purchase, receive, or otherwise acquire, sell, barter, transfer, or otherwise dispose of any raptor unless the permittee submits a federal form 3-186A (Migratory Bird Acquisition/Disposition Report) or similar state form, completed i…

12.6.1124 MARKING (1) If a goshawk (Accipiter gentiles), Harris's hawk (Parabuteo unicinctus), peregrine falcon (Falco peregrinus), or gyrfalcon (Falco rusticolus) is taken from the wild, acquired from a rehabilitator, or from another falconer, the raptor must be banded with a pe…

12.6.1125 TEMPORARY HOLDING OF RAPTORS (1) A raptor may be housed temporarily for up to 120 consecutive calendar days if the bird has a suitable perch and is protected from predators, domestic animals, extreme temperatures, wind, and excessive disturbance. (2) A permittee's rapto…

12.6.1126 TRANSFER OF WILD RAPTORS (1) Wild raptors held by a permittee may be permanently transferred to a resident authorized to possess raptors for falconry purposes provided: (a) the permittees submit a federal form 3-186A or submit the information electronically as authorize…

12.6.1127 TEMPORARY TRANSPORT (1) Holders of Montana falconry permits may temporarily remove raptors from Montana and return them to the state, provided all necessary permits or licenses are obtained from the states or other legal authority into which the raptors are transported.…

12.6.1128 SALE OF RAPTORS (1) A permittee: (a) may sell, purchase, or barter, or offer to sell, purchase, or barter captive-bred raptors marked with seamless bands or ISO compliant microchips to other permittees who are authorized to possess the raptors. (b) may not purchase, sel…

12.6.1129 PROPAGATION PERMIT (1) A falconry permittee may not propagate raptors without prior acquisition of a valid raptor propagation permit issued in accordance with appropriate federal and state regulations. Authorizing statute(s): Sec. 87-5-204, MCA Implementing statute(s): …

12.6.1130 RELEASE OF RAPTORS (1) A raptor not native to Montana or a hybrid raptor may not be released into the wild, but may be transferred to another falconry permittee. (2) A permittee must have permission from the department to release a captive-bred raptor that is a native s…

12.6.1131 FLYING A HYBRID RAPTOR (1) When flown free, a hybrid raptor must have at least two attached radio transmitters to locate the bird. Authorizing statute(s): 87-5-204, MCA Implementing statute(s): 87-5-204, MCA History: NEW, 2009 MAR p. 1470, Eff. 8/28/09.

12.6.1132 UNINTENTIONAL TAKE OF PREY (1) If prey is killed by a falconry bird without the permittee's intent, including an animal taken outside of a regular hunting season, the permittee: (a) may allow the falconry bird to feed on the animal; (b) may not take possession of the an…

12.6.1133 TRANSFER OF RAPTORS TO ANOTHER TYPE OF PERMIT (1) Under some circumstances a permittee may transfer a raptor to another permit type if the recipient of the bird, including the permittee, possesses the necessary permits for the other activity. (2) A permittee may transfe…

12.6.1134 DISPOSITION OF CARCASSES OF FALCONRY BIRDS THAT DIE (1) The carcass of a golden eagle held for falconry, including all feathers, talons, and other parts must be sent to the National Eagle Repository. (2) The body or feathers of any other species of falconry raptor may b…

12.6.1135 RAPTORS USED FOR EDUCATION (1) A general or master falconer may use a bird in conservation education programs presented in public venues. (a) A federal education permit is not needed to conduct conservation education activities using a falconry raptor. (b) An apprentice…