Montana Administrative Code

12.6.801 BOATING CLOSURES (REPEALED) Authorizing statute(s): 87-1-301, 87-1-303, MCA Implementing statute(s): 87-1-303, MCA History: Eff. 12/31/72; AMD, Eff. 4/5/76; AMD, Eff. 3/28/80; AMD, 1984 MAR p. 502, Eff. 3/30/84; AMD, 1990 MAR p. 1003, Eff. 6/1/90; AMD, 1995 MAR p. 1935, …

12.6.901 WATER SAFETY REGULATIONS (REPEALED) Authorizing statute(s): 23-1-106(1), 87-1-303, MCA Implementing statute(s): 23-1-106(1), 87-1-303, MCA History: Eff. 12/31/72; AMD, Eff. 5/18/76; AMD, Eff. 8/5/76; AMD, 1978 MAR p. 1391, Eff. 9/29/78; AMD, 1979 MAR p. 1197, Eff. 10/12/…

12.7.1001 DEFINITIONS (REPEALED) (REPEALED) Authorizing statute(s): 87-4-601, MCA Implementing statute(s): 87-4-601, MCA History: NEW, 1989 MAR p. 2051, Eff. 12/8/89; REP, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

12.7.1002 SELECTION OF CORPORATION AND NOTICING (REPEALED) (REPEALED) Authorizing statute(s): 87-4-601, MCA Implementing statute(s): 87-4-601, MCA History: NEW, 1989 MAR p. 2051, Eff. 12/8/89; REP, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

12.7.1003 CRITERIA IN SELECTING NONPROFIT CORPORATION (REPEALED) (REPEALED) Authorizing statute(s): 87-4-601, MCA Implementing statute(s): 87-4-601, MCA History: NEW, 1989 MAR p. 2051, Eff. 12/8/89; REP, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

12.7.1004 OPERATING PLAN (REPEALED) (REPEALED) Authorizing statute(s): 87-4-601, MCA Implementing statute(s): 87-4-601, MCA History: NEW, 1989 MAR p. 2051, Eff. 12/8/89; REP, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

12.7.1005 RECORDS (REPEALED) (REPEALED) Authorizing statute(s): 87-4-601, MCA Implementing statute(s): 87-4-601, MCA History: NEW, 1989 MAR p. 2051, Eff. 12/8/89; REP, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

12.7.1006 PERMIT (REPEALED) (REPEALED) Authorizing statute(s): 87-4-601, MCA Implementing statute(s): 87-4-601, MCA History: NEW, 1989 MAR p. 2051, Eff. 12/8/89; REP, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

12.7.101 APPLICATION (1) Any person desiring to harvest nongame fish from any body of water in the state, or whitefish by nets or traps from the Kootenai River or from its tributaries within one mile of the Kootenai River, for sale or commercial distribution must make written app…

12.7.102 COMMERCIAL FISHING LIMITATIONS (1) On any water of the state, except Fort Peck reservoir, commercial fishing will be limited to one operator unless the department determines that additional harvest would be beneficial. Also special regulations regarding gear, limits, sea…

12.7.103 CLASSES OF PERMITS AND FEES (1) Permit fees for a commercial fishing permit and species that may be taken are as follows: (a) Class A--$500 per year which authorizes the taking of all nongame species designated by the department for commercial purposes; (b) Class B--$200…

12.7.104 RECORDS (1) The permittee shall keep written records of all his operations and transactions relating to the taking, sale of, or other disposal of fish. The permittee shall make reports on commercial fishing activities to the director on forms provided by the department. …

12.7.105 DISPOSAL OF FISH (1) All species of fish except those taken as provided in ARM 12.7.103 shall be returned alive and unharmed to the waters from which they came. All dead game fish shall be cut and sunk. Authorizing statute(s): Secs. 87-1-201, 87-1-301 MCA Implementing st…

12.7.1101 PURPOSE (IS HEREBY REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-1-257, MCA History: NEW, 1990 MAR p. 1461, Eff. 7/27/90; REP, 1996 MAR p. 1840, Eff. 7/4/96.

12.7.1102 DEFINITIONS (IS HEREBY REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-1-257, MCA History: NEW, 1990 MAR p. 1461, Eff. 7/27/90; REP, 1996 MAR p. 1840, Eff. 7/4/96.

12.7.1103 ELIGIBILITY (IS HEREBY REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-1-257, MCA History: NEW, 1990 MAR p. 1461, Eff. 7/27/90; REP, 1996 MAR p. 1840, Eff. 7/4/96.

12.7.1104 PROJECT APPLICATION (REPEALED) (REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-1-257, MCA History: NEW, 1990 MAR p. 1461, Eff. 7/27/90; AMD, 1996 MAR p. 1840, Eff. 7/4/96; REP, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

12.7.1105 PROJECTS (REPEALED) (REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-1-257, MCA History: NEW, 1990 MAR p. 1461, Eff. 7/27/90; REP, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

12.7.1106 PROJECT REVIEW AND ASSESSMENT (REPEALED) (REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-1-257, MCA History: NEW, 1990 MAR p. 1461, Eff. 7/27/90; AMD, 1996 MAR p. 1840, Eff. 7/4/96; REP, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

12.7.1107 PERMITS (REPEALED) (REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-1-257, MCA History: NEW, 1990 MAR p. 1461, Eff. 7/27/90; REP, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

12.7.1108 INSPECTION AND PAYMENT BY DEPARTMENT (REPEALED) (REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-1-257, MCA History: NEW, 1990 MAR p. 1461, Eff. 7/27/90; REP, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

12.7.1109 PROJECT MAINTENANCE (REPEALED) (REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-1-257, MCA History: NEW, 1990 MAR p. 1461, Eff. 7/27/90; REP, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

12.7.1110 EVALUATION (REPEALED) (REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-1-257, MCA History: NEW, 1990 MAR p. 1461, Eff. 7/27/90; REP, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

12.7.1111 RECORDS (REPEALED) (REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-1-257, MCA History: NEW, 1990 MAR p. 1461, Eff. 7/27/90; REP, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

12.7.1112 EFFECT OF RULE VIOLATIONS (REPEALED) (REPEALED) Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-1-257, MCA History: NEW, 1990 MAR p. 1461, Eff. 7/27/90; AMD, 1996 MAR p. 1840, Eff. 7/4/96; REP, 2026 MAR, Notice No. 2026-424, Eff. 7/25/26.

12.7.1201 PURPOSE (1) The purpose of these rules is to adopt procedures to implement the functions of the commission and the department in the future fisheries improvement program established in 87-1-272, MCA. The purpose of the program is to restore essential habitats for the gr…

12.7.1202 DEFINITIONS As used in these rules, the following definitions apply: (1) "Native fish" means fish species that were present in a given water body prior to the influence of European contact. (2) "Program" means the Future Fisheries Improvement Program provided for in 87-…

12.7.1203 PROJECT APPLICATION, RANKING, AND APPROVAL (1) Applications for program funding must be submitted on forms supplied by the department. (2) Applicants proposing projects on lands other than their own must include written consent of the landowner and/or lessee for the pro…

12.7.1204 PERMITS (1) The project applicant is responsible for obtaining all necessary permits required to complete the project. Permits must be obtained prior to project initiation to qualify for payment of funds. Authorizing statute(s): 87-1-201, 87-1-301, MCA Implementing stat…

12.7.1205 INSPECTION AND PAYMENT BY DEPARTMENT (1) Funds granted from the account shall be used only for purposes described in the final project agreement. Itemized invoices of expenses and receipts approved by the applicant must be submitted to the department for payment. (2) Pa…

12.7.1206 PROJECT MAINTENANCE (1) Projects funded under the program such as fences, bridges, fish screens, or other channel restoration measures will become the property of the landowner. Fish habitat improvement projects such as spawning channel development, fish barrier removal…

12.7.1207 PROJECT MONITORING (1) Restoration projects shall be evaluated by either the applicant or the department according to terms stipulated in the project agreement. Monitoring will be conducted on each completed project at times agreeable to the landowner. The type and freq…

12.7.1208 RULE VIOLATIONS (1) Any person or organization falsifying financial statements or using program funds for purposes other than the intended project will be disqualified from further participation in the program and will be required to reimburse the department for any com…

12.7.1301 APPLICATION PROCESS AND CRITERIA FOR A SCIENTIFIC COLLECTORS PERMIT (1) The application for a scientific collectors permit must contain the following: (a) name, address, phone number, affiliation and qualifications of the applicant as well as any associates who will be …

12.7.1401 COOPERATIVE FISHING ACCESS AGREEMENTS (1) The department may provide benefits to a landowner who enters into a cooperative agreement with the department to allow public fishing access across or on the landowner's property. (2) In determining whether to enter into a coop…

12.7.1501 GENERAL PURPOSE (1) As determined by the department, these rules pertain to the department's response to the detection of a species of fish in public waters where the department has not authorized the presence of that species. These rules are intended to cover all place…

12.7.1502 DEPARTMENT'S INITIAL RESPONSE AND ACTION PLAN (1) The department shall begin an initial investigation within 30 days after the report of the presence of an unauthorized species in an attempt to confirm that an unauthorized placement has occurred and to estimate the dist…