Montana Administrative Code

12.6.206 DEFINITIONS (REPEALED) Authorizing statute(s): 87-4-913, MCA Implementing statute(s): 87-4-915, MCA History: NEW, 2007 MAR p. 1025, Eff. 7/27/07; REP, 2021 MAR p. 172, Eff. 2/13/21.

12.6.210 FIELD TRIAL PERMITS (REPEALED) Authorizing statute(s): 87-4-913, MCA Implementing statute(s): 87-4-915, MCA History: NEW, 2001 MAR p. 345, Eff. 2/23/01; TRANS, from ARM 12.6.1606, 2007 MAR p. 1025, Eff. 7/27/07; REP, 2021 MAR p. 172, Eff. 2/13/21.

12.6.215 PERMIT TO USE CAPTIVE-REARED BIRDS (REPEALED) Authorizing statute(s): 87-4-902, 87-4-913, 87-4-915, MCA Implementing statute(s): 87-4-915, MCA History: NEW, 2007 MAR p. 1025, Eff. 7/27/07; REP, 2021 MAR p. 172, Eff. 2/13/21.

12.6.220 USE OF CAPTIVE-REARED BIRDS IN TRAINING (REPEALED) Authorizing statute(s): 87-4-913, MCA Implementing statute(s): 87-4-902, 87-4-915, MCA History: NEW, 2007 MAR p. 1025, Eff. 7/27/07; REP, 2021 MAR p. 172, Eff. 2/13/21.

12.6.2201 DEFINITIONS The following definitions apply to this subchapter: (1) "Condition" or "conditions" means specific requirements a person must abide by to receive or retain a permit. (2) "Controlled species" means a live, exotic wildlife species, subspecies, or hybrid of tha…

12.6.2203 REQUIREMENTS FOR CARE AND HOUSING OF EXOTIC WILDLIFE (1) Exotic wildlife held in captivity must be treated in a humane manner and cannot be restrained with a chain, rope, or other holding device except when necessary to provide appropriate care. Facilities for care of c…

12.6.2204 SPECIFIC REQUIREMENTS FOR CARE AND HOUSING OF EXOTIC WILDLIFE (1) These specific requirements apply in addition to the general requirements found in ARM 12.6.2203 and any other specific condition that may be found on the permit. (2) Coho salmon, Onocorhynchus kisutch, a…

12.6.2205 EXOTIC WILDLIFE: LIST OF NONCONTROLLED SPECIES (1) The following mammals are classified as noncontrolled species: (a) African pygmy hedgehog - Atelerix albiventris and Atelerix algirus ; (b) Degu (bush-tailed rat) - Octodon degus ; (c) Jungle cat - Felis chaus ; (d) Ser…

12.6.2208 LIST OF CONTROLLED SPECIES (1) The following birds are classified as controlled species: (a) Barbary Falcon – Falco perigrinoides; (b) Black-Crowned Crane – Balearica pavonina; (c) Black-necked Crane – Grus nigricollis; (d) Blue Crane – Anthropoides paradiseus; (e) Brol…

12.6.2210 CONTROLLED SPECIES PERMITS (1) A permit is required for all controlled species except those identified in ARM 12.6.2208(2)(b) and (c). (a) The department shall assess a fee of $25 to obtain or renew a permit to possess a controlled species. The permit must be renewed an…

12.6.2211 APPLICATION FOR A PERMIT TO POSSESS A CONTROLLED SPECIES (1) An applicant may be eligible for a controlled species permit if the applicant: (a) is at least 18 years of age; and (b) has not been convicted of any violation of exotic wildlife regulations or any offense inv…

12.6.2215 LIST OF PROHIBITED SPECIES (1) The following amphibians are classified as prohibited species: (a) African clawed frog – Xenopus laevis; and (b) North American bullfrog – Rana catesbeiana. (2) The following crustaceans are classified as prohibited species: (a) Rusty cray…

12.6.2220 PROHIBITED SPECIES PERMITS (1) The department may issue a permit for possession of a prohibited species only to the following: (a) a zoo or aquarium which is an accredited institutional member of the American Association of Zoological Parks and Aquariums; (b) a roadside…

12.6.2225 DETERMINING EXOTIC WILDLIFE CLASSIFICATION (1) The classification review committee described in 87-5-708 , MCA, shall consider petitions for species classification. Any individual, government agency, or interested group may petition the classification review committee t…

12.6.2230 EXOTIC WILDLIFE PERMIT APPEAL PROCESS (1) A person who has been denied a permit, denied renewal of a permit, or whose permit has been suspended or cancelled may appeal the permitting decision in writing to the department's director within 30 days of the date of mailing …

12.6.225 PERMIT TO RELEASE RING-NECKED PHEASANTS FOR NONCOMMERCIAL PURPOSES (REPEALED) Authorizing statute(s): 87-4-913, MCA Implementing statute(s): 87-4-501, 87-4-902, 87-4-915, MCA History: NEW, 2007 MAR p. 1025, Eff. 7/27/07; REP, 2021 MAR p. 172, Eff. 2/13/21.

12.6.230 PERMIT TO POSSESS CAPTIVE-REARED BIRDS FOR NONCOMMERCIAL PURPOSES (REPEALED) Authorizing statute(s): 87-4-913, MCA Implementing statute(s): 87-4-902, 87-4-915, MCA History: NEW, 2007 MAR p. 1025, Eff. 7/27/07; REP, 2021 MAR p. 172, Eff. 2/13/21.

12.6.2301 AERIAL HERDING PERMITS: DEFINITIONS (1) "Affected property holder" means person other than the permittee who owns, leases or manages land potentially affected by herding activities. This definition also applies to public land management agencies. (2) "Department" means …

12.6.2302 WHEN AIRCRAFT HERDING PERMITS MAY BE ISSUED (1) The department may issue a permit to use aircraft to herd ungulates, including deer, elk, and antelope, to a landowner experiencing crop or private property damage, as long as the conditions in these rules are met. (2) Per…

12.6.2303 WHEN AERIAL HERDING MAY NOT OCCUR (1) Aerial herding authorized by permit may not occur during the following times: (a) from May 1 through July 15 to protect animals during times of late gestation or early calving/fawning. The department may consider an exception to thi…

12.6.2304 APPLYING FOR AIRCRAFT HERDING PERMITS (1) A person desiring a permit shall apply to the department enforcement division in Helena which administers the permits. (2) A completed permit application must include: (a) a completed permit application form available from the d…

12.6.2305 CONCURRENCE FROM AFFECTED PROPERTY HOLDERS (1) If permitted activities will move animals onto, across, or off any lands other than those owned by the permittee, including lands owned by state or federal land management agencies, the permittee shall obtain written concur…

12.6.2306 REPORT REQUIREMENTS (1) In compliance with 16 USCS 742j-1, Federal Airborne Hunting Law, the permittee shall submit written quarterly reports to the department staff indicated on the permit. The reports shall include at a minimum the following information: (a) date and …

12.6.2307 DEPARTMENT NOTIFICATION AND MONITORING (1) The permittee shall notify the department warden or other designated department staff as indicated on the permit prior to herding activities. (2) Permittee shall allow the department access, upon reasonable notice when possible…

12.6.2308 GAME ANIMALS KILLED OR INJURED DURING AERIAL HERDING (1) Permittee shall notify the department staff indicated on the permit within six hours of completing any aerial herding that results in the death or injury of any wildlife. (2) The permittee shall field-dress and pr…

12.6.2309 AERIAL HERDING LIABILITY (1) As acknowledged by the permittee's signature on the permit application form, the permittee assumes all liability for the safe and legal operation of the aircraft under state and federal aircraft regulations, and all liability for any damage …

12.6.2310 PERMIT DENIAL, REVOCATION, AND APPEAL (1) Permits are issued at the department's discretion. (2) A permit may be revoked if the permittee fails to comply with the terms of the permit. Revocation shall be communicated in writing between the department and the permittee. …

12.6.301 TAGGING OF CARCASSES OF GAME ANIMALS (REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-2-509, MCA History: NEW, Eff. 6/4/74; REP, 2019 MAR p. 2019, Eff. 11/9/19.

12.6.302 REQUIREMENT TO RETAIN AN ELECTRONIC TAG CONFIRMATION NUMBER WHILE TRANSPORTING A HARVESTED ANIMAL (1) When transporting any species for which an electronic tag is issued, the individual transporting the harvested animal's carcass must retain the confirmation number. (2) …

12.6.401 TIME ZONES (REPEALED) Authorizing statute(s): 87-1-304, MCA Implementing statute(s): 87-1-304, MCA History: Eff. 12/31/72; AMD, 1981 MAR p. 251, Eff. 3/27/81; REP, 2007 MAR p. 1662, Eff. 10/26/07.

12.6.501 OUTFITTER LICENSES (TRANSFERRED) Authorizing statute(s): Sec. 87-4-106 MCA Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

12.6.502 OUTFITTER STANDARDS (TRANSFERRED) Authorizing statute(s): Sec. 87-4-106 MCA Implementing statute(s): Sec. 87-4-127, 87-4-122 and 87-4-125 MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 2019, Eff. 11/11/82; AMD, 1985 MAR p. 778, Eff. 6/28/85; TRANS, to Dept. of Commerce, Ch…

12.6.503 OUTFITTER EQUIPMENT AND SUPPLIES (TRANSFERRED) Authorizing statute(s): Sec. 87-4-106 MCA Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

12.6.504 SANITATION AND LIVESTOCK (TRANSFERRED) Authorizing statute(s): Sec. 87-4-106 MCA Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

12.6.505 RATE SCHEDULES (TRANSFERRED) Authorizing statute(s): Sec. 87-4-106 MCA Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

12.6.506 CAMP RESTRICTIONS (TRANSFERRED) Authorizing statute(s): Sec. 87-4-106 MCA Implementing statute(s): Sec. 84-4-103, 87-4-163 MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

12.6.507 PROTECTION OF PRIVATE PROPERTY (TRANSFERRED) Authorizing statute(s): Sec. 87-4-106 MCA Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

12.6.508 RECORDS (TRANSFERRED) Authorizing statute(s): Sec. 87-4-106 MCA Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA History: Eff. 12/31/72; AMD, Eff. 4/5/76; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

12.6.509 EXPERIENCE STANDARDS (TRANSFERRED) Authorizing statute(s): Sec. 87-4-106 MCA Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA History: Eff. 12/31/72; AMD, Eff. 4/5/76; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87…

12.6.510 RESIDENCY AND AGE REQUIREMENTS (REPEALED) Authorizing statute(s): Sec. 87-4-106 MCA Implementing statute(s): Sec. 87-4-106 MCA History: Eff. 12/31/72; 8/5/74; AMD, 1978 MAR p. 1313, Eff. 8/25/78; REP, 1982 MAR p. 2023, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 52…

12.6.511 HUNTING AND FISHING LICENSES (TRANSFERRED) Authorizing statute(s): Sec. 87-4-106 MCA Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA History: Eff. 12/31/72; AMD, Eff. 4/5/76; AMD, Eff. 6/5/76; AMD, Eff. 10/5/76; AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. …

12.6.512 LICENSING OF GUIDES AND ENDORSEMENT OF GUIDE LICENSE (TRANSFERRED) Authorizing statute(s): Sec. 87-4-106 MCA Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA History: Eff. 12/31/72; AMD, 1982 MAR p. 2019, Eff. 11/11/82; AMD, 1985 MAR p. 778, Eff. 6/28/85; TRANS, to D…

12.6.513 LICENSE REVOCATION (TRANSFERRED) Authorizing statute(s): Sec. 87-4-106 MCA Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA History: AMD, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

12.6.514 LICENSE RENEWAL (TRANSFERRED) Authorizing statute(s): Sec. 87-4-106 MCA Implementing statute(s): Sec. 87-4-103, 87-4-163 MCA History: NEW, 1982 MAR p. 2019, Eff. 11/11/82; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

12.6.515 OUTFITTER EXAMINATION (TRANSFERRED) Authorizing statute(s): Sec. 87-4-106 MCA Implementing statute(s): Sec. 87-4-106 MCA History: NEW, 1983 MAR p. 654, Eff. 6/17/83; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

12.6.516 OUTFITTER AND PROFESSIONAL GUIDES LICENSE FEES (TRANSFERRED) Authorizing statute(s): Sec. 87-4-127 MCA Implementing statute(s): Sec. 87-4-127 MCA History: NEW, 1984 MAR p. 246, Eff. 1/27/84; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.

12.6.517 DEFINITION OF HUNTING SUCCESS FOR ADVERTISING (TRANSFERRED) Authorizing statute(s): Sec. 87-4-106, MCA Implementing statute(s): Sec. 87-4-122 and 87-4-141, MCA History: NEW, 1985 MAR p. 778, Eff 6/28/85; TRANS, to Dept. of Commerce, Chpt. 528, L. 1987, Eff. 4/17/87.