Montana Administrative Code

12.8.811 HUNTING AND TRAPPING (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.812 MOTOR VEHICLES (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.813 PARKING (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.814 ABANDONED PROPERTY (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.815 USE OF NONMOTORIZED VEHICLES (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.816 UNMANNED AIRCRAFT SYSTEMS AND MODEL AIRCRAFT (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.817 GEOCACHING (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.818 SOLICITING AND PUBLIC ASSEMBLY (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.819 SMOKING (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.820 RESTRICTED AREAS AND NIGHT CLOSURES (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.821 DISTURBANCES (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.822 INTERFERENCE WITH AGENCY FUNCTIONS (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.823 PENALTIES (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.8.824 APPEALS (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p. 45, Eff. 1/13/24.

12.9.1001 DEFINITIONS "Confirmed sylvatic plague" means the presence of plague-positive fleas, prairie dogs or other mammals has been documented. "Historically occupied range" means the area encompassed by the outer limits of the historic distribution of a species. The historic r…

12.9.1005 PROPOSALS TO TRANSLOCATE PRAIRIE DOGS Persons may translocate prairie dogs provided that a proposal for the translocation complies with this subchapter and is approved by the appropriate department regional supervisor(s) . The sending/receiving area proponents shall pro…

12.9.101 BIG GAME MANAGEMENT POLICY (REPEALED) (REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-1-201, 87-1-301, MCA History: Eff. 12/31/72; REP, 2024 MAR p. 1579, Eff. 7/6/24.

12.9.1010 CRITERIA FOR SENDING AREAS An area may qualify as a sending area when one or more of the following conditions exist at the sending area: the landowner/public land manager needs or desires to reduce prairie dog density or overall acreage of prairie dog towns; the area su…

12.9.1015 CRITERIA FOR RECEIVING AREAS With approval of the department, prairie dogs may be relocated to an area within the historically occupied range of prairie dogs that complies with one or more of the following conditions: prairie dogs occupied the area historically, and the…

12.9.102 BLACK BEAR POLICY (REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-1-201, 87-1-301 MCA History: Eff. 12/31/72; REP, 2021 MAR p. 920, Eff. 7/24/21.

12.9.1020 MONITORING PLAN – PRAIRIE DOG TRANSLOCATION For each translocation, project monitoring must be conducted at the receiving area. A monitoring plan must be included with or attached to the translocation proposal. The department or the Montana prairie dog working group wil…

12.9.1025 CONFLICT RESOLUTION PLAN A conflict resolution plan approved and signed by the landowner or land manager at the receiving sitemust be included with or attached to the proposal for translocation. The conflict resolution plan must detail the following information: potenti…

12.9.1030 CAPTURE AND TRANSPORTATION OF PRAIRIE DOGS Persons who have department approval to translocate prairie dogs shall comply with the following criteria when capturing and transporting prairie dogs: prairie dogs may be captured and translocated between the dates of June 30 …

12.9.1035 SYLVATIC PLAGUE PRECAUTIONS Prairie dogs may not be moved from an area with presumed or documented sylvatic plague to an area where plague is not present. At a minimum, sending and receiving areas must be monitored 14 days prior to trapping and againwithin 48 hours of t…

12.9.104 ELK FEEDING POLICY Past experience in Montana and elsewhere has shown that artificial feeding of game animals is not a sound game management program - neither economically nor biologically. It is expensive, is not good for the animals, and not good for the range upon whi…

12.9.1040 QUARANTINE PROCEDURES Animals at risk for plague must be held in quarantine for at least 14 days. Cages in quarantine facilities must be suspended by wires or chains at least one meter off the ground and separated from adjacent cages by a minimum of 60 centimeters. Anim…

12.9.1045 APPROVAL PROCESS FOR TRANSLOCATION PROPOSALS The translocation proposal must comply with ARM 12.9.1005, 12.9.1010, 12.9.1015, 12.9.1020, 12.9.1025, 12.9.1030, 12.9.1035, and 12.9.1040 and must undergo public review in accordance with MEPA. The department regional superv…

12.9.105 WILD TURKEY POLICY (IS HEREBY REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-1-201, 87-1-301, MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1842, Eff. 7/4/96.

12.9.1050 APPEAL PROCESS FOR TRANSLOCATION PROPOSALS Proponents or opponents of the translocation proposal may appeal a department decision to deny or approve a translocation proposal. The proponent or opponent shall prepare a written appeal and submit this appeal to the director…

12.9.106 10-80 BAITS (IS HEREBY REPEALED) Authorizing statute(s): 87-1-301, MCA Implementing statute(s): 87-1-201, 87-1-301, MCA History: Eff. 12/31/72; REP, 1996 MAR p. 1842, Eff. 7/4/96.

12.9.1101 MANAGEMENT HUNTS A management hunt may be implemented on lands eligible for assistance. A management hunt is a proactive measure to prevent or reduce potential damage caused by large concentrations of game animals resulting from seasonal migrations, extreme weather cond…

12.9.1105 HUNTING SEASONS EXTENSIONS The commission may determine that the extension of a hunting season may be an acceptable strategy to achieve deer or elk management objectives under the following conditions: a liberal general season deer or elk management package has been in …

12.9.1301 COMMITMENT TO PRESERVATION OF THE GRAY WOLF AS RESIDENT WILDLIFE IN NEED OF MANAGEMENT The department has management authority of the gray wolf, a resident native wildlife species, and is dedicated to the conservation of wolf populations within the state of Montana. Pur…

12.9.1302 DEFINITIONS The following definitions apply to this subchapter: "Adaptive management" means wolf conservation and management strategies that will maintain a recovered population and ensure natural connectivity and genetic exchange among the wolf populations in Canada, M…

12.9.1303 CONTROL METHODS OF THE GRAY WOLF INCLUDE NONLETHAL AND LETHAL MEANS These rules address when and how the department may carry out nonlethal and lethal control of wolves. To undertake control actions that are consistent with this rule, the department may: take control ac…

12.9.1304 ALLOWABLE NONLETHAL CONTROL OF THE GRAY WOLF Control of the gray wolf includes a variety of nonlethal management activities intended to decrease risk of, prevent, or resolve a conflict without killing the wolf in question. Allowable nonlethal control activities include,…

12.9.1305 ALLOWABLE LETHAL CONTROL OF THE GRAY WOLF The commission delegates its authority to the department to authorize lethal control of problem wolves. The department may authorize the following to conduct lethal control of problem wolves: the department; USDA Wildlife Servic…

12.9.1401 GRIZZLY BEAR POLICY Whereas, the Montana Fish and Game Commission has management authority for the grizzly bear, a resident wildlife species, and is dedicated to the preservation of grizzly bear populations within the state of Montana; and Habitat. The department shall …

12.9.1403 GRIZZLY BEAR DEMOGRAPHIC OBJECTIVES FOR THE NORTHERN CONTINENTAL DIVIDE ECOSYSTEM Upon delisting from the Endangered Species Act, management of the grizzly bear and its habitat in the Northern Continental Divide Ecosystem (NCDE) will be guided by the Conservation Strate…

12.9.1404 DEFINITIONS "Authorized person" means any individual given written or verbal authority by the livestock owner, or who is authorized by name on a permit to take a grizzly bear. This does not include department staff or wildlife services' staff. "Confirmed grizzly bear mo…

12.9.1405 GRIZZLY BEAR MANAGEMENT OBJECTIVE The department will implement management strategies to ensure that grizzly bears continue to thrive and are integrated as a valuable part of Montana's wildlife heritage. The department will manage grizzly bears to ensure that recovery i…

12.9.1406 THE QUOTA AND ESTABLISHING AND ADJUSTING THE QUOTA For each delisted ecosystem, the commission will establish an annual quota for the number of delisted grizzly bears that may be taken by a livestock owner or other authorized person, whether permitted or not, pursuant t…

12.9.1407 THE MORTALITY THRESHOLD The mortality threshold(s) is/are the maximum annual number of grizzly bear mortalities, within the DMA, that the population(s) can withstandwhile maintaining recoverylevels. These recovery levels are described in the ecosystem conservation strat…

12.9.1408 GRIZZLY BEAR MORTALITIES THAT APPLY TO THE QUOTA AND THE MORTALITY THRESHOLD A delisted grizzly bear taken within the DMA, pursuant to 87-5-301(3) and (4), MCA, counts towards the relevant quota and the relevant mortality threshold. The quota and the total mortalities c…

12.9.1409 IF A DELISTED GRIZZLY BEAR POPULATION OVERLAPS TWO OR MORE STATES If a delisted grizzly bear population overlaps two or more states, the mortality threshold will be apportioned by a percentage allocated to each state involved, and the quota will consider the percentage …

12.9.1410 ALLOWABLE LETHAL MANAGEMENT OF THE GRIZZLY BEAR The commission authorizes the department to use lethal control of depredating grizzly bears. Pursuant to 87-5-301(3), MCA, a livestock owner or other authorized person may take, without a permit or license, a delisted griz…

12.9.1411 ALLOWABLE NON-LETHAL AND PREVENTATIVE MEASURES OF THE GRIZZLY BEAR As allowed by 87-5-301 and 87-6-106(4), MCA, control of the grizzly bear includes a variety of non-lethaland preventative measures intended to decrease risk of, prevent, or resolve a conflict without kil…

12.9.1412 BAITING GRIZZLY BEARS AND NORMAL LIVESTOCK AND AGRICULTURAL OPERATIONS A person may not intentionally bait a grizzly bear. Normal livestock and agricultural operations are not considered baiting. Authorizing statute(s): 87-1-201, 87-1-301, MCA Implementing statute(s): 8…

12.9.1413 REQUIREMENT TO MANAGE ANY DELISTED GRIZZLY BEAR POPULATION FOR FIVE YEARS PRIOR TO A HUNTING SEASON The department shall manage any delisted grizzly bear population for at least five years from the time of delistingprior to proposing any hunting seasonfor delisted grizz…