Montana Administrative Code

12.7.206 VIOLATION (REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-3-204, 87-4-602, MCA History: Eff. 12/31/72; REP, 2016 MAR p. 585, Eff. 4/9/16.

12.7.301 RAISING FISH IN PUBLIC WATERS It shall be unlawful to use any public water of this state for the purpose of rearing fish in live cages without obtaining prior approval of the director. This regulation shall not apply to minnow buckets, sacks, or nets used temporarily to …

12.7.401 REGULATIONS FOR CONSTRUCTION AND MAINTENANCE OF FISH LADDERS (IS HEREBY REPEALED) Authorizing statute(s): 2-4-201, 87-1-201, 87-1-301, MCA Implementing statute(s): 87-1-222, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 73, Eff. 1/26/78; REP, 1996 MAR p. 1840, Eff. 7/4/96…

12.7.501 FISH DISEASE CERTIFICATION (IS HEREBY REPEALED) Authorizing statute(s): Sec. 87-3-223 MCA Implementing statute(s): Sec. 87-3-221 MCA History: Eff. 12/31/72; AMD, Eff. 8/5/74; AMD, 1982 MAR p. 1935, Eff. 10/29/82; AMD, 1988 MAR p. 1703, Eff. 7/29/88; REP, 1991 MAR p. 1275…

12.7.502 DESIGNATED PATHOGENS Pathogens are classified into categories based on their presence and relative threat to existing state fisheries for purposes of Montana's fish health and importation statutes. The following pathogens are designated Class A pathogens and pose a subst…

12.7.503 CERTIFICATION INSPECTION PROCEDURES Pathogen certification inspections shall be made using microbiological techniques and procedures as recommended by the most recent edition of the Fish Health Section of the American Fisheries Society "Fish Health Bluebook: Procedures f…

12.7.504 APPROVED PATHOLOGISTS Pathogen certifications and inspections shall be conducted by individuals approved by the director. Inspectors or pathologists who benefit from or have a financial interest in the importation may not conduct the inspection. This does not preclude in…

12.7.505 IMPORT PERMITS An import permit must be obtained prior to any importation of fish or eggs. A copy of the import permit must accompany the importation. Application for an import permit must be made by the receiving jurisdiction or by an entity designated by the director a…

12.7.506 SHIPMENT INSPECTIONS Import permittees shall agree prior to issuance of the permit and the permit shall specify that the department may inspect shipments of imported fish or eggs at mutually convenient times and locations after entering Montana and prior to release or pl…

12.7.507 HATCHERY OR CULTURE FACILITY INSPECTION, QUARANTINE, AND DISINFECTION Upon inspection and discovery that a hatchery or facility is contaminated with designated fish pathogens, the facility or hatchery will be immediately quarantined and no fish will be allowed to leave t…

12.7.540 PERMIT REQUIRED FOR IMPORTATION OF BAIT LEECHES Bait leeches, Nephelopsis obscura , also called ribbon leeches or mud leeches, may be imported into the state with approval from the department. Out-of-state bait dealers wanting to ship bait leeches into Montana for use as…

12.7.541 IMPORTATION OF BAIT LEECHES - REQUIREMENTS Bait leeches may be imported into Montana from a permitted out-of-state bait dealer under the following conditions: leeches must be held in clean well water at the place of collection for a minimum of two days (48 hours) prior t…

12.7.542 SHIPMENT INSPECTIONS The department may inspect shipments of imported bait leeches at mutually convenient times and locations prior to removal of leeches from shipping containers. The department may seize and destroy any shipment of bait leeches when: unwanted aquatic pe…

12.7.601 GENERAL POLICY FOR FISH PLANTING All personnel acting under the jurisdiction of the Montana fish, wildlife, and parks commission shall comply with the policy established in this sub-chapter for planting fish in the state of Montana. The provisions contained herein supers…

12.7.602 SPECIFIC POLICY FOR STREAM PLANTING Catchable-size trout may be planted in streams only where they will not cause substantial environmental damage or where planting will not reduce the pounds of game fish available for anglers. In general, they may be planted only in str…

12.7.701 AUTHORIZATION FOR DEPARTMENT AND COMMERCIAL FISH PLANTING The fish species on the following list and those listed in 87-5-714, MCA, may be introduced or transplanted by the department. This includes plants made by the U.S. Fish and Wildlife Service fish hatcheries at the…

12.7.801 DEFINITION "Fishing contest" is any event, contest, derby or tournament where an entry fee is charged or where people are expected to compete to win prizes or cash based on the capture of an individual fish or combination of fish. Fishing contests involving fewer than 30…

12.7.802 APPLICATION Any individual, club, organization or business wishing to sponsor a fishing contest on a body of water open to public fishing must submit an application to the Department of Fish, Wildlife and Parks as specified in this rule. Applications must be submitted be…

12.7.803 EVALUATION AND RECOMMENDATION The department will evaluate the application based on the following criteria: impacts of the contest on the fish population of the host body of water, the aquatic ecosystem and the immediate area; The department will give public notice of al…

12.7.804 COMPETING APPLICATIONS When two or more contests are proposed on a single body of water the department will approve applications which: offer the best opportunities for public benefits by furthering knowledge of angling ethics and aquatic ecology; have been approved hist…

12.7.805 DEPARTMENT DECISION The department will issue a decision regarding applications no later than February 1 for open water contests or October 1 for ice-fishing contests. The department may approve an application as submitted, approve an application with modifications or de…

12.7.806 REPORTING REQUIREMENTS Within 30 days after an approved fishing contest, the sponsor shall report to the department information on the success of contest participants on forms provided at the time of contest approval. Authorizing statute(s): 87-3-121, MCA Implementing st…

12.7.807 PROHIBITED CONTESTS Contests involving any listed species or species of concern are prohibited except for Yellowstone cutthroat trout (Oncorhynchus clarki bouvieri) or westslope cutthroat trout (Oncorhynchus clarki lewisi) stocked in lakes or reservoirs. All contests inv…

12.7.808 WAIVER Upon a showing of good cause, the department may waive the application of any rule except where waiver is precluded by statute. During approved catch-and-release fishing contest hours, fish caught for contest purposes and released alive by contest participants are…

12.7.809 APPEAL TO THE COMMISSION The applicant or any person supporting or opposing an application may appeal the decision of the department to the commission. An appeal may be made on any grounds or arguments made to the department during the department's evaluation and conside…

12.7.901 WHEN EGGS WILL BE SOLD The department will offer to sell eggs from its brood stock only when the following conditions are met: the department owns eggs that are surplus to its needs; and eggs certified to be disease free under the procedures of ARM 12.7.501 are not avail…

12.7.902 SOURCE OF EGGS TO BE SOLD The department will sell eggs only from its hatchery held stocks. Eggs from natural runs will not be sold. Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-4-601, MCA History: NEW, 1988 MAR p. 575, Eff. 3/25/88.

12.7.903 BUYERS' LIST Licensed commercial fish pond operators wishing to be notified of egg sales must file with the department their name and a phone number where they can be reached during normal business hours. Authorizing statute(s): 87-1-201, MCA Implementing statute(s): 87-…

12.7.904 SALES PROCEDURES When the department determines that the conditions of ARM 12.7.901 have been met, it will notify all licensed commercial fish pond operator's on the buyer's list of the number of eggs available. The department will make no more than two attempts to notif…

12.7.905 TRANSFER PROCEDURES Eggs will be released to the operator or his representative upon receipt of bid amount at the state hatchery where the surplus occurs. The state hatchery will provide egg shipping cartons prior to actual transfer. The operator will be required to sign…

12.7.906 METHODS OF PAYMENT Payment is due at time of transfer. Payment can be made with a personal check, a certified check or a money order. Cash will not be accepted. Authorizing statute(s): Sec. 87-1-201 MCA Implementing statute(s): Sec. 87-4-601 MCA History: NEW, 1988 MAR p.…

12.8.101 STATEMENT OF GENERAL CRITERIA (REPEALED) Authorizing statute(s): 23-1-102, MCA Implementing statute(s): 23-1-102, MCA History: Eff. 12/31/72; AMD, 1977 MAR p. 946, Eff. 11/26/77; REP, 1996 MAR p. 1841, Eff. 7/4/96.

12.8.102 STATE PARKS Purpose. To provide high-quality recreation experience distinctive and notable enough to attract people on a state, regional, or national basis. Description. Open-space areas of unique scenery or other outstanding natural features of an aesthetic, historical,…

12.8.103 STATE RECREATION AREAS Purpose. To provide a broad selection of outdoor recreation opportunities in a natural setting which may be used by large numbers of people. Description. Contain natural or artificial resources which provide outdoor recreational opportunities which…

12.8.104 STATE MONUMENTS Purpose. To preserve, protect, and enhance objects, features, or places of historical, geological, archaeological, or scientific importance, including commemoration of outstanding persons or events. Description. Sites of optimum form and size for the prot…

12.8.105 STATE RECREATIONAL WATERWAYS Purpose. To protect and enhance the natural and historical values of state waterways, and to provide opportunity for enjoyment of these values. Description. Rivers or streams, generally undeveloped, possessing outstanding scenery or important…

12.8.106 STATE RECREATION ROADS AND TRAILS Purpose. To control the use and development of certain Montana roads and trails whose scenic and cultural attributes are of high recreational value warranting formal protection. Description. Roads or trails along or through high-quality …

12.8.107 STATE FISHING ACCESS SITES Purpose. To provide permanent public access to high-quality rivers, streams, and lakes. Description. Areas adjacent to high-quality fishing waters accessible by an existing or acquired public right-of-way and of adequate size to permit practica…

12.8.201 GENERAL POLICY (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, MCA History: Eff. 12/31/72; AMD, 1979 MAR p. 318, Eff. 3/30/79; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.202 WEAPONS AND FIREWORKS (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, MCA History: Eff. 12/31/72; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1986 MAR p. 952, Eff. 5/30/86; AMD, 1988 MAR p. 498, Eff. 3/11/88; REP, 2024 MAR p. 45…

12.8.203 CONTROL OF ANIMALS (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, MCA History: Eff. 12/31/72; AMD, Eff. 6/5/76; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1988 MAR p. 498, Eff. 3/11/88; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.204 VEHICLES (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, 87-1-303, MCA History: Eff. 12/31/72; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1986 MAR p. 952, Eff. 5/30/86; AMD, 1988 MAR p. 498, Eff. 3/11/88; REP, 2024 MAR p. 45, E…

12.8.205 CAMPING, DAY AND GROUP USE (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, MCA History: Eff. 12/31/72; AMD, Eff. 6/5/76; AMD, 1978 MAR p. 386, Eff. 3/25/78; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1983 MAR p. 655, Eff. 6/17/…

12.8.206 FIRES (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, MCA History: Eff. 12/31/72; AMD, 1979 MAR p. 381, Eff. 3/30/79; AMD, 1988 MAR p. 498, Eff. 3/11/88; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.207 PROPERTY DISTURBANCE (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, MCA History: Eff. 12/31/72; AMD, Eff. 6/5/76; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1983 MAR p. 655, Eff. 6/17/83; AMD, 1988 MAR p. 498, Eff. 3/11/88; RE…

12.8.208 DISORDERLY CONDUCT (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, 87-1-303, MCA History: Eff. 12/31/72; AMD, Eff. 6/5/76; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1986 MAR p. 952, Eff. 5/30/86; AMD, 1988 MAR p. 498, Eff. 3/1…

12.8.209 RESTRICTED AREAS AND NIGHT CLOSURES (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, MCA History: Eff. 12/31/72; AMD, Eff. 6/5/76; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1983 MAR p. 655, Eff. 6/17/83; AMD, 1988 MAR p. 498, E…

12.8.210 SANITATION AND LITTER WASTE DISPOSAL (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, 87-1-303, MCA History: Eff. 12/31/72; AMD, 6/5/76; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1986 MAR p. 952, Eff. 5/30/86; AMD, 1988 MAR p. …

12.8.211 LIVESTOCK AND COMMERCIAL USE (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, MCA History: Eff. 12/31/72; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1983 MAR p. 655, Eff. 6/17/83; AMD, 1988 MAR p. 498, Eff. 3/11/88; REP, 2007 MA…

12.8.212 BOATING AND SWIMMING (REPEALED) Authorizing statute(s): 23-1-106, 87-1-303, MCA Implementing statute(s): 23-1-102, 87-1-303, MCA History: Eff. 12/31/72; AMD, 1978 MAR p. 386, Eff. 3/25/78; AMD, 1979 MAR p. 318, Eff. 3/30/79; AMD, 1986 MAR p. 952, Eff. 5/30/86; AMD, 1988 …