Montana Administrative Code

12.6.1526 LICENSE FEES (1) 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 shal…

12.6.1527 LICENSE RENEWAL (1) 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 accur…

12.6.1528 LICENSE TRANSFERS (1) 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…

12.6.1529 LEGAL SOURCES (1) 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 (1) 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 t…

12.6.1531 MINIMUM FENCE STANDARDS FOR APPLICATIONS FILED AFTER JANUARY 15, 1999, FOR FACILITIES HOLDING CLOVEN-HOOFED UNGULATES (1) After January 15, 1999, applicants for a game farm license or expansion shall construct game farm exterior fencing for facilities holding cloven-hoo…

12.6.1532 MINIMUM FENCE STANDARDS FOR FACILITIES HOLDING CARNIVORES AND OMNIVORES (1) Facilities for holding black bears and mountain lions constructed or reconstructed after January 15, 1999, must be constructed and maintained in compliance with the following minimum fencing sta…

12.6.1533 MINIMUM FENCE STANDARDS FOR APPLICATIONS FILED BETWEEN MAY 15, 1992, AND JANUARY 15, 1999, FOR FACILITIES HOLDING CLOVEN-HOOFED UNGULATES (1) The following requirements for fence height, posts and gates shall apply to applications filed between May 15, 1992, and January…

12.6.1534 MINIMUM FENCE STANDARDS FOR APPLICATIONS FILED AND FACILITIES CONSTRUCTED PRIOR TO MAY 15, 1992, FOR GAME FARMS HOLDING CLOVEN-HOOFED UNGULATES (1) The following requirements shall apply to applications filed and facilities constructed prior to May 15, 1992, for game fa…

12.6.1535 GAME PROOF CONDITION (1) Exterior fence must be designed, constructed and maintained in a game proof condition at all times. (2) The department may require measures beyond the minimum requirements in ARM 12.6.1531 and 12.6.1532 in order to provide for a game proof fence…

12.6.1536 ALTERNATIVE FENCE DESIGNS (1) An applicant may request approval of alternatives to the fence design requirements in ARM 12.6.1531 through 12.6.1534, pursuant to the waiver provision in ARM 12.6.1544. The applicant shall provide the department with all specifications on …

12.6.1537 TRANSPORTATION: CARNIVORES AND OMNIVORES (1) A licensee shall not transport, sell or dispose of a carnivore or omnivore or its carcass until after the licensee requests and obtains an inspection by the department or its designated agent. The licensee shall sign the invo…

12.6.1538 EGRESS AND INGRESS (1) The department or any peace officer may seize, capture, or destroy escaped game farm animals pursuant to the terms of this rule. (2) The licensee shall report to the department and the Department of Livestock all escapes of game farm animals and a…

12.6.1539 GAME FARM RECORDS AND REPORTS (1) The licensee shall maintain records, including records and reports prepared on forms provided by the department and the Department of Livestock, inspection certificates, receipts, invoices, agreements of sale, canceled checks, and bills…

12.6.1540 CLASSIFICATION OF PROHIBITED AND RESTRICTED SPECIES (1) The department finds that the following species, hybrids, or viable gametes (ova and semen), are detrimental to existing wildlife and their habitats through nonspecific genetic dilution, habitat degradation or comp…

12.6.1541 POSSESSION OF PROHIBITED SPECIES (1) The prohibited species in ARM 12.6.1540 and animals classified by the Department of Livestock pursuant to 87-4-424 , MCA, may not be possessed, bred, released, imported, transported, bought, sold, bartered or traded within the state,…

12.6.1542 ELK-RED DEER HYBRIDIZATION (1) Licensees shall test all elk born on or prior to December 31, 1999, for elk-red deer hybridization by January 1, 2000. (2) Licensees shall test all elk born between January 1, 2000, and December 31, 2001, for elk-red deer hybridization by …

12.6.1543 CONFISCATION PROCEDURES (1) The department may seize or confiscate any unlawfully possessed game farm animals, including any game farm animals possessed following the expiration of the period prescribed in (2). The department shall provide notice and opportunity for hea…

12.6.1544 WAIVERS (1) The department, in its discretion, may waive any rule if it finds that the rule poses an undue hardship to an individual applicant or licensee and that the waiver will not threaten or adversely affect the health and safety of wildlife, livestock and the publ…

12.6.1601 APPLICATION FOR AND RENEWAL OF GAME BIRD FARM LICENSE (1) Application for a game bird farm license shall be made in writing on a form prescribed by the department. (2) The application shall include a $100 license fee with the initial application. (3) A game bird farm li…

12.6.1601A DEFINITIONS (REPEALED) Authorizing statute(s): 87-4-913, MCA Implementing statute(s): 87-4-915, MCA History: NEW, 2001 MAR p. 345, Eff. 2/23/01; REP, 2021 MAR p. 172, Eff. 2/13/21.

12.6.1602 PURCHASE AND SALE OF GAME BIRDS (1) No person may purchase live game birds from within the state except from the holder of a current game bird farm license. (2) Game bird farm operators shall provide proof of purchase to the purchaser in the form of a receipt or, altern…

12.6.1603 FENCING (1) The licensee shall fence or enclose his operation sufficiently to prevent the entry of wild game birds and to prevent the escape of game bird farm birds into the wild. (2) The fencing enclosures of all game bird farm operations licensed on or before October …

12.6.1604 REPORTING (REPEALED) Authorizing statute(s): 87-4-913, MCA Implementing statute(s): 87-4-911, MCA History: NEW, 1984 MAR p. 247, Eff. 1/27/84; REP, 1996 MAR p. 1839, Eff. 7/4/96.

12.6.1605 FIELD TRIAL ON PUBLIC LAND (1) An application for a field trial on public land must include the following: (a) the number and species of captive-reared birds to be used for the trial, if captive-reared birds are being used; and (b) written consent from the controlling l…

12.6.1606 FIELD TRIAL PERMITS (TRANSFERRED) Authorizing statute(s): 87-4-913, MCA Implementing statute(s): 87-4-915, MCA History: NEW, 2001 MAR p. 345, Eff. 2/23/01.

12.6.1607 DISEASE PREVENTION (1) All captive-reared game birds used for dog training shall be purchased from a licensed Montana game bird farm. Birds purchased from out of state must be from a National Poultry Improvement Plan (NPIP) provider. Authorizing statute(s): 87-3-604, 87…

12.6.1608 PROOF OF PURCHASE OF CAPTIVE-REARED GAME BIRDS USED IN DOG TRAINING (1) A person using captive-reared game birds for which a commission-approved hunting season exists for dog training or a field trial shall retain proof of purchase that the birds were legally obtained f…

12.6.1610 NATIONAL POULTRY IMPROVEMENT PLAN (1) All captive-reared game birds sold in Montana shall originate from a National Poultry Improvement Plan (NPIP) certified flock. (2) Game bird farm licensees who maintain a breeding flock over the winter to hatch out offspring for sal…

12.6.1701 APPLICATION FOR AND RENEWAL OF FUR FARM LICENSE (1) Application for a fur farm license shall be made in writing on a form prescribed by the Department of Fish, Wildlife and Parks. (2) The applicant shall include a $25 license fee with the initial application. (3) A fur …

12.6.1702 PURCHASE AND SALE OF FURBEARERS (1) Live furbearers may be sold only by the holder of a valid fur farm license. (2) No person may purchase live furbearers from within the state except from the holder of a current fur farm license. This rule does not prohibit the purchas…

12.6.1703 FENCING (1) The licensee shall fence or enclose his operation sufficiently to prevent the entry of wild furbearers and to prevent the escape of fur farm animals into the wild. The department, upon request, will provide guidelines to applicants for the construction of mi…

12.6.1704 REPORTING (REPEALED) Authorizing statute(s): 87-4-1012, MCA Implementing statute(s): 87-4-1003, MCA History: NEW, 1984 MAR p. 249, Eff. 1/27/84; REP, 1996 MAR p. 1839, Eff. 7/4/96.

12.6.1801 DEFINITIONS (1) "Avicultural permit" means a migratory game bird avicultural permit issued pursuant to 87-2-807 , MCA. (2) "Federal migratory game bird regulations" means 50 CFR Parts 20 and 21. (3) "Federal waterfowl sale and disposal permit" means a waterfowl sale and…

12.6.1802 AVICULTURAL PERMITS (1) An applicant for an avicultural permit must be a Montana resident as defined in section 87-2-102 , MCA and shall apply in writing in accordance with forms prescribed by the department. An application shall be accompanied by a copy of the applican…

12.6.1803 REPORTING AND MARKING (1) Each holder of an avicultural permit shall file with the department: (a) within ten days following expiration of the permit a written report stating the number, species, dates and locations of all migratory game birds or eggs taken; and (b) a c…

12.6.1804 VIOLATIONS (1) Any violation of the terms of an avicultural permit or a federal permit may at the discretion of the department render the avicultural permit void. Any materially false statement subscribed to in an application for an avicultural permit renders the permit…

12.6.1901 DEFINITIONS For purposes of this rule the following definitions apply: (1) "Bear" means a member of any species of the genus Ursus. (2) "Coyote" means a member of the species Canis latrans, including any canine hybrid which is one-half or more coyote. (3) "Mountain lion…

12.6.1902 REPORT OF CAPTURE OR CAPTIVITY-PENALTY (REPEALED) Authorizing statute(s): 87-1-231, 87-1-234, MCA Implementing statute(s): 87-1-231, 87-1-234, MCA History: NEW, 1986 MAR p. 119, Eff. 1/31/86; REP, 1996 MAR p. 1839, Eff. 7/4/96.

12.6.1903 TATTOOING (1) Except as provided in ARM 12.6.903(5), each animal reported as required by ARM 12.6.1902 shall be permanently tattooed with an identifying number assigned by the department, within 15 days after the assignment of the number. (2) Assigned numbers shall be t…

12.6.1904 FEES The fee for reports to the department under ARM 12.6.1902 is: (1) $10 for each animal, except that multiple young born in captivity may be registered as a single animal if the owner or breeder certifies to the department that the animals are intended to be slaughte…

12.6.1905 EXCEPTIONS (REPEALED) Authorizing statute(s): 87-1-231, 87-1-234, MCA Implementing statute(s): 87-1-231, 87-1-234, MCA History: NEW, 1986 MAR p. 119, Eff. 1/31/86; REP, 1996 MAR p. 1839, Eff. 7/4/96.

12.6.2001 FISH AND GAME CRIMESTOPPERS PROGRAM ESTABLISHED (1) There is established in the department a statewide fish and wildlife crimestoppers program in order to assist law enforcement agencies in detecting and combating fish and wildlife-related crimes. The program shall use …

12.6.2002 REWARDS (1) Any person, other than employees of the department and their dependents, law enforcement officers and their dependents and persons who committed the reported offense (other than by way of solicitation, conspiracy, or attempt), who gives information through t…

12.6.2003 METHOD OF PAYMENT (1) The department shall pay approved rewards in cash using established accounting procedures to ensure that payment is made to the correct person, and an anonymous receipt system. (2) If a drop is used to pay an approved reward, at least two persons s…

12.6.2004 CONFIDENTIALITY (REPEALED) Authorizing statute(s): 87-5-605, MCA Implementing statute(s): 87-5-606, MCA History: NEW, 1986 MAR p. 122, Eff. 1/31/86; REP, 1996 MAR p. 1839, Eff. 7/4/96.

12.6.201 DEFINITIONS (REPEALED) Authorizing statute(s): Secs. 87-3-124 MCA Implementing statute(s): Sec. 87-3-124 MCA History: Eff. 12/1/72; REP, 1988 MAR p. 496, Eff. 3/11/88.