Montana Administrative Code

12.8.803 CAMPING AND LODGING (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p.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.

12.8.804 DAY USE, GROUP USE, AND SPECIAL USE PERMIT (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p.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.

12.8.805 FIRES (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p.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

12.8.806 FOOD STORAGE (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p.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.

12.8.807 SANITATION AND WASTE DISPOSAL (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p.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.

12.8.808 CONTROL OF ANIMALS (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p.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.

12.8.809 HORSES AND PACK ANIMALS (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p.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.

12.8.810 WEAPONS (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p.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

12.8.811 HUNTING AND TRAPPING (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p.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12.8.812 MOTOR VEHICLES (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p.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12.8.813 PARKING (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p.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12.8.814 ABANDONED PROPERTY (REPEALED) Authorizing statute(s): 23-1-106, 23-1-111, MCA Implementing statute(s): 23-1-106, 23-1-111, MCA History: NEW, 2016 MAR p. 825, Eff. 5/7/16; REP, 2024 MAR p.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 (1) "Confirmed sylvatic plague" means the presence of plague-positive fleas, prairie dogs or other mammals has been documented. (2) "Historically occupied range" means the area encompassed by the outer limits of the historic distribution of a species. The hi…

12.9.1005 PROPOSALS TO TRANSLOCATE PRAIRIE DOGS (1) 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) . (2) The sending/receiving area proponents s…

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 (1) An area may qualify as a sending area when one or more of the following conditions exist at the sending area: (a) the landowner/public land manager needs or desires to reduce prairie dog density or overall acreage of prairie dog towns; (b)…

12.9.1015 CRITERIA FOR RECEIVING AREAS (1) 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: (a) prairie dogs occupied the area historically,…

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 (1) For each translocation, project monitoring must be conducted at the receiving area. (2) A monitoring plan must be included with or attached to the translocation proposal. The department or the Montana prairie dog working g…

12.9.1025 CONFLICT RESOLUTION PLAN (1) 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: (a)…

12.9.1030 CAPTURE AND TRANSPORTATION OF PRAIRIE DOGS (1) Persons who have department approval to translocate prairie dogs shall comply with the following criteria when capturing and transporting prairie dogs: (a) prairie dogs may be captured and translocated between the dates of …

12.9.1035 SYLVATIC PLAGUE PRECAUTIONS (1) Prairie dogs may not be moved from an area with presumed or documented sylvatic plague to an area where plague is not present. (2) At a minimum, sending and receiving areas must be monitored 14 days prior to trapping and againwithin 48 ho…

12.9.104 ELK FEEDING POLICY (1) 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…

12.9.1040 QUARANTINE PROCEDURES (1) Animals at risk for plague must be held in quarantine for at least 14 days. (2) 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 centimete…

12.9.1045 APPROVAL PROCESS FOR TRANSLOCATION PROPOSALS (1) 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 su…

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 (1) 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 dire…

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 (1) 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 …

12.9.1105 HUNTING SEASONS EXTENSIONS (1) 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) a liberal general season deer or elk management package has …

12.9.1301 COMMITMENT TO PRESERVATION OF THE GRAY WOLF AS RESIDENT WILDLIFE IN NEED OF MANAGEMENT (1) 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.…

12.9.1302 DEFINITIONS The following definitions apply to this subchapter: (1) "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 Canad…

12.9.1303 CONTROL METHODS OF THE GRAY WOLF INCLUDE NONLETHAL AND LETHAL MEANS (1) These rules address when and how the department may carry out nonlethal and lethal control of wolves. (2) To undertake control actions that are consistent with this rule, the department may: (a) tak…

12.9.1304 ALLOWABLE NONLETHAL CONTROL OF THE GRAY WOLF (1) 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 incl…

12.9.1305 ALLOWABLE LETHAL CONTROL OF THE GRAY WOLF (1) 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: (a) the department; (b) USDA Wil…

12.9.1401 GRIZZLY BEAR POLICY (1) 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 (a) Habitat. The departmen…