Montana Administrative Code

12.6.1305 IDENTIFYING LABELS Each enclosure shall be labeled with the proper common name in English of the animal or animals therein confined for the information of the public. The letters on such labels shall be at least one inch in height. Authorizing statute(s): 87-4-802, MCA …

12.6.1306 STOCK OBTAINED LAWFULLY All animals retained at a roadside zoo or menagerie shall have been secured in a lawful manner. Evidence of such legal possession shall be kept on the premises for each animal maintained in such zoo or menagerie and shall be presented to any auth…

12.6.1307 DISPOSING OF WILDLIFE STOCK Those game animals, game birds, and fur-bearing animals captured or taken from the wild, wildlife on loan from the department, and any progeny of the above shall not be sold and may be exported or exchanged only by permit issued by the depart…

12.6.1308 INSURANCE REQUIREMENTS No permit will be issued or renewed, nor will any transfer of permit be approved, unless and until the director is furnished satisfactory proof that the operation or proposed operation of the roadside zoo or menagerie under such permit is covered …

12.6.1309 ENFORCEMENT Regulations contained in this subchapter may be enforced by any fish and game warden or other officer duly authorized by the state of Montana. Authorizing statute(s): Sec. 87-4-802 MCA Implementing statute(s): Secs. 87-4-802, 87-4-807 MCA History: Eff. 12/31…

12.6.1401 APPLICATION FOR PERMIT Persons must possess both a federal and a Montana raptor propagation permit in order to: possess, transport, import, purchase, barter, or capture from the wild, any raptor for propagation purposes; and offer to sell, purchase, or barter a raptor e…

12.6.1402 FACILITIES (REPEALED) Authorizing statute(s): 87-5-210, MCA Implementing statute(s): 87-5-210, MCA History: NEW, 1983 MAR p. 1829, Eff. 12/16/83; REP, 2012 MAR p. 500, Eff. 3/9/12.

12.6.1403 NOTIFICATION OF LAYING OF EGGS (REPEALED) Authorizing statute(s): 87-5-210, MCA Implementing statute(s): 87-5-210, MCA History: NEW, 1983 MAR p. 1829, Eff. 12/16/83; REP, 2012 MAR p. 500, Eff. 3/9/12.

12.6.1404 MARKING (REPEALED) Authorizing statute(s): 87-5-210, MCA Implementing statute(s): 87-5-210, MCA History: NEW, 1983 MAR p. 1829, Eff. 12/16/83; REP, 2012 MAR p. 500, Eff. 3/9/12.

12.6.1405 TAKING RAPTORS OR RAPTOR EGGS FROM THE WILD (REPEALED) Authorizing statute(s): 87-5-210, MCA Implementing statute(s): 87-5-210, MCA History: NEW, 1983 MAR p. 1829, Eff. 12/16/83; REP, 2012 MAR p. 500, Eff. 3/9/12.

12.6.1406 TRANSFER, PURCHASE, SALE, OR BARTER OF RAPTORS, RAPTOR EGGS, RAPTOR SEMEN, OR RAPTOR PROGENY (REPEALED) Authorizing statute(s): 87-5-210, MCA Implementing statute(s): Extension, Sec. 4, Ch. 532, L. 1987, Eff. 10/1/87 History: IMP, 87-5-206, MCA; NEW, 1983 MAR p. 1829, E…

12.6.1407 POSSESSION OF EGGS, NESTS, OR FEATHERS (REPEALED) Authorizing statute(s): 87-5-210, MCA Implementing statute(s): 87-5-210, MCA History: NEW, 1983 MAR p. 1829, Eff. 12/16/83; REP, 2012 MAR p. 500, Eff. 3/9/12.

12.6.1408 INTENTIONAL RELEASE TO THE WILD (REPEALED) Authorizing statute(s): 87-5-210, MCA Implementing statute(s): 87-5-210, MCA History: NEW, 1983 MAR p. 1829, Eff. 12/16/83; REP, 2012 MAR p. 500, Eff. 3/9/12.

12.6.1409 RECORDS AND REPORT The records required by federal regulations shall be sufficient record for the state. The permittee shall file with the department a copy of the annual report required by federal regulations by no later than January 31 of each year. Authorizing statut…

12.6.1410 INTERSPECIFIC HYBRIDIZATION (REPEALED) Authorizing statute(s): 87-5-210, MCA Implementing statute(s): 87-5-210, MCA History: NEW, 1983 MAR p. 1829, Eff. 12/16/83; REP, 2012 MAR p. 500, Eff. 3/9/12.

12.6.1411 DEATH, ESCAPE, OR RELEASE (REPEALED) Authorizing statute(s): 87-5-210, MCA Implementing statute(s): 87-5-210, MCA History: NEW, 1983 MAR p. 1829, Eff. 12/16/83; REP, 2012 MAR p. 500, Eff. 3/9/12.

12.6.1412 FEDERAL RAPTOR PROPAGATION REGULATIONS The commission adopts and incorporates by reference federal regulation contained in 50 CFR21.30. A copy of the federal raptor propagation regulations may be obtained from the Department of Fish, Wildlife and Parks, Enforcement Bure…

12.6.1501 APPLICATION FOR AND RENEWAL OF GAME FARM LICENSE (REPEALED) Authorizing statute(s): 87-4-422, MCA Implementing statute(s): 87-4-416 MCA History: NEW, 1984 MAR p. 250, Eff. 1/27/84; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1502 PURCHASE AND SALE OF GAME (REPEALED) Authorizing statute(s): 87-4-422, MCA Implementing statute(s): 87-4-416, MCA History: NEW, 1984 MAR p. 250, Eff. 1/27/84; REP, 1992 MAR p. 1017, Eff. 5/15/92.

12.6.1502A BILL OF SALE/TRANSPORTATION (REPEALED) Authorizing statute(s): 81-3-202, 87-4-422, MCA Implementing statute(s): 81-3-210, 87-4-415, 87-4-422, MCA History: NEW, 1992 MAR p. 1017, Eff. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1503 FENCING REQUIREMENTS (REPEALED) Authorizing statute(s): 87-4-422, MCA Implementing statute(s): 87-4-416, MCA History: NEW, 1984 MAR p. 250, Eff. 1/27/84; REP, 1992 MAR p. 1017, Eff. 5/15/92.

12.6.1503A FENCING REQUIREMENTS (REPEALED) Authorizing statute(s): 87-4-422, MCA Implementing statute(s): 87-4-409, 87-4-422, MCA History: NEW, 1992 MAR p. 1017, Eff. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1504 REPORTING (REPEALED) Authorizing statute(s): 87-4-422, MCA Implementing statute(s): 87-4-416, MCA History: NEW, 1984 MAR p. 250, Eff. 1/27/84; REP, 1992 MAR p. 1017, Eff. 5/15/92.

12.6.1504A GAME FARM REPORTING (REPEALED) Authorizing statute(s): 87-4-422, MCA Implementing statute(s): 87-4-417, 87-4-422, MCA History: NEW, 1992 MAR p. 1017, Eff. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1505 RECOVERY OF ESCAPED ANIMALS (REPEALED) Authorizing statute(s): 87-4-422, MCA Implementing statute(s): 87-4-416, MCA History: NEW, 1984 MAR p. 250, Eff. 1/27/84; REP, 1992 MAR p. 1017, Eff. 5/15/92.

12.6.1506 CLOVEN-HOOFED ANIMALS AS GAME FARM ANIMALS (REPEALED) Authorizing statute(s): 87-4-422, MCA Implementing statute(s): 87-4-416, MCA History: NEW, 1984 MAR p. 250, Eff. 1/27/84; AMD, 1992 MAR p. 1017, Eff. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1507 DEFINITIONS (REPEALED) Authorizing statute(s): 81-1-102, 81-3-202, 87-4-422, MCA Implementing statute(s): 81-3-210, 81-2-102, 87-4-415, 87-4-422, MCA History: NEW, 1992 MAR p. 1017, Eff. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1508 GAME FARM DESCRIPTION (REPEALED) Authorizing statute(s): 87-4-422, MCA Implementing statute(s): 87-4-409, MCA History: NEW, 1992 MAR p. 1017, Eff. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1509 HOLDING AND HANDLING FACILITIES (REPEALED) Authorizing statute(s): 81-1-102, 81-3-202, 87-4-406, MCA Implementing statute(s): 81-3-203, 87-4-406, 87-4-409, MCA History: NEW, 1992 MAR p. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1510 QUARANTINE AREA (REPEALED) Authorizing statute(s): 81-2-103, MCA Implementing statute(s): 81-2-102, MCA History: NEW, 1992 MAR p. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1511 LICENSING LIMITATION (REPEALED) Authorizing statute(s): 87-4-422, MCA Implementing statute(s): 87-4-409, 87-4-424, MCA History: NEW, 1992 MAR p. 1017, Eff. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1512 NEW SPECIES (REPEALED) Authorizing statute(s): 87-4-422, MCA Implementing statute(s): 87-4-409, MCA History: NEW, 1992 MAR p. 1017, Eff. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1513 GAME FARM ANIMAL IDENTIFICATION: CLOVEN-HOOFED UNGULATES (REPEALED) Authorizing statute(s): 81-3-202, 87-4-422, MCA Implementing statute(s): 81-3-203, 87-4-414, 87-4-415, 87-4-422, MCA History: NEW, 1992 MAR p. 1017, Eff. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1514 TRANSPORTATION (REPEALED) Authorizing statute(s): 81-2-707, 81-3-202, 87-4-422, MCA Implementing statute(s): 81-2-703, 81-3-203, 81-3-210, 87-4-415, 87-4-422, MCA History: NEW, 1992 MAR p. 1017, Eff. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1515 IMPORTATION (REPEALED) Authorizing statute(s): 81-2-707, 87-4-422, MCA Implementing statute(s): 81-2-703, 87-4-415, 87-4-422, 87-4-424, MCA History: NEW, 1992 MAR p. 1017, Eff. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1516 DUTY TO REPORT CONTAGIOUS DISEASES (REPEALED) Authorizing statute(s): 81-2-103, MCA Implementing statute(s): 81-2-107, MCA History: NEW, 1992 MAR p. 1017, Eff. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1517 ESCAPED GAME FARM ANIMALS (REPEALED) Authorizing statute(s): 87-4-422, MCA Implementing statute(s): 87-4-419, MCA History: NEW, 1992 MAR p. 1017, Eff. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1518 CONFISCATION PROCEDURES (REPEALED) Authorizing statute(s): 87-4-422, MCA Implementing statute(s): 87-4-418, 87-4-422, 87-4-423, 87-4-424, MCA History: NEW, 1992 MAR p. 1017, Eff. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1519 WAIVER (REPEALED) Authorizing statute(s): 81-2-102, 81-3-202, 87-4-415, 87-4-422, MCA Implementing statute(s): 81-2-102, 81-3-210, 87-4-422, MCA History: NEW, 1992 MAR p. 1017, Eff. 5/15/92; REP, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1520 DEFINITIONS The definitions in 87-4-406 , MCA, and the following apply to this subchapter: "Catch pen" has the meaning defined in ARM 32.4.101. "Elk-red deer hybrid" means an animal produced by the mating of a North American elk (Cervus elaphus canadensis, roosevelti, m…

12.6.1521 ADDITION AND DELETION OF SPECIES AS GAME FARM ANIMALS Any person desiring to add or delete a species of cloven-hoofed ungulate to the definition of game farm animals in ARM 12.6.1520(3) shall petition the department to initiate a rulemaking proceeding pursuant to 2-4-31…

12.6.1522 LICENSE APPLICATION AND DEPARTMENT APPROVAL Applicants for a game farm license shall file with the department and the Department of Livestock a written application on a form prescribed by the department. The applicant shall include the initial license fee with the appli…

12.6.1523 ISSUANCE OF LICENSE The department may not issue a license until after it has approved the application for license and the following have been completed: the department has inspected and approved the applicant's fencing; and the Department of Livestock has approved the …

12.6.1524 LICENSE MODIFICATIONS A licensee may not expand the area enclosed by exterior fence, exceed the peak number of animals, add a new species, or implement a minor modification pursuant to (3) without having requested and received the department's approval for a license mod…

12.6.1525 ENVIRONMENTAL REVIEWS The department will perform an environmental review under the Montana Environmental Policy Act (MEPA) on all applications for game farm licenses. The review will consider the peak number of animals identified in the application. The department may …

12.6.1526 LICENSE FEES The initial application fee shall be as set forth in 87-4-411 , MCA. The fee shall be based upon the peak number of animals identified in the application. If the applicant has submitted an application that identifies phases of construction, the fee shall be…

12.6.1527 LICENSE RENEWAL A game farm license may be renewed prior to January 31 upon payment of the annual renewal fee and submission of the reports required by 87-4-417 , MCA. The department's issuance of a renewal shall not constitute the department's approval of the accuracy …

12.6.1528 LICENSE TRANSFERS A licensee may not transfer a license without having requested and received the approval of the department. The licensee and transferee shall request such approval by filing an application on a form prescribed by the department. Authorizing statute(s):…

12.6.1529 LEGAL SOURCES The licensee shall obtain, purchase, board, or lease game farm animals from properly licensed or legal sources. Authorizing statute(s): 87-4-422, MCA Implementing statute(s): 87-4-414, MCA History: NEW, 1999 MAR p. 79, Eff. 1/15/99.

12.6.1530 NOTICE OF MODIFICATION OR TERMINATION OF LEASES A licensee, which relies upon a lease or other agreement for its use or occupancy of any portion of the licensee's game farm or game farm facilities, shall notify the department and the Department of Livestock within ten d…