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32.22.101   PURPOSE AND SCOPE

(1) This chapter provides a system for the issuance of aerial hunting permits to protect livestock from predatory animals, and establishes the duties of permittees under the provisions of Chapter 704, Laws of Montana 1979.

(2) These rules are:

(a) not to interfere with the needs of livestock producers protecting their livestock from predation; but are

(b) to assist in the prevention and/or reduction of livestock loss from predatory animals; and

(c) to protect landowners, administrators, or lessees who do not wish aerial hunting over land under their ownership, management, or control.

History: 81-7-502, MCA; IMP, 81-7-502, MCA; NEW, Eff. 1/2/77; AMD, 1979 MAR p. 1240, Eff. 10/12/79; AMD, 2013 MAR p. 538, Eff. 4/12/13.

32.22.102   ISSUANCE OF PERMITS

(1) Applicants for an aerial hunting permit must complete an aerial hunting application form prior to January 31 and submit with the appropriate fee. After January 31, applicants may apply under the same guidelines with no proration of fee.

(a) Application forms are available from the Department of Livestock, P.O. Box 202001, Helena, MT 59620-2001 or at www.liv.mt.gov.

(2) Applicants must provide a current certification from the Montana Aeronautics Division, Department of Transportation (AD, DOT) as proof of having met the following requirements:

(a) possessing a current pilot license from the Federal Aviation Administration (FAA), with a private pilot's license as a minimum rating;

(b) having at least 200 total flying hours;

(c) having met FAA and AD, DOT requirements for aircraft and pilots.

(3) Applicants must be residents of and domiciled in Montana.

(a) Nonresident permits may be authorized by the Board of Livestock when adequate service cannot be provided by Montana permittees.

(4) The department may refuse to issue a permit, or revoke an existing permit, if the permit application contains false information.

(5) Montana aerial hunting permits are not required under the following:

(a) Individuals have contracted with U.S.D.A, A.P.H.I.S., Wildlife Services to provide aerial hunting services in Montana.

(b) Said contractors must obtain a permit and comply with MDOL rules when engaging in any aerial hunting not performed under the W.S. contract.

History: 81-7-502, MCA; IMP, 81-7-502, 81-7-504, MCA; NEW, Eff. 1/2/77; AMD, 1979 MAR p. 1240, Eff. 10/12/79; AMD, 2013 MAR p. 538, Eff. 4/12/13.

32.22.103   DURATION OF PERMITS

(1) Aerial hunting permits will be valid for a 12-month period from February 1 through January 31.

(a) Permittees must renew their permit each year;

(b) permittees must be in compliance with the rules of the department, and state and federal law;

(c) renewal will be denied if noncompliance is not corrected prior to the renewal date.

(2) Fees will not be prorated for applicants applying for less than the 12-month permit year.

History: 81-7-502, MCA; IMP, 81-7-502, MCA; NEW, 1979 MAR p. 1240, Eff. 10/12/79; AMD, 1985 MAR p. 941, Eff. 7/12/85; AMD, 2013 MAR p. 538, Eff. 4/12/13; AMD, 2014 MAR p. 324, Eff. 2/14/14.

32.22.104   RESTRICTIONS UPON USE OF PERMIT

(1) A permittee may engage in aerial hunting only over areas authorized by the Department of Livestock.

(a) The permittee must:

(i) show that livestock depredation has occurred or is likely to occur in the area requested in the application or an adjacent area; and

(ii) provide a signed authorization for aerial hunting from the landowner, administrator, lessee, or their agent.

(2) Only coyotes and/or foxes may be hunted as set forth in the permit.

(a) Hunting or harassment of any other animal will result in revocation of the permit.

(b) Aerial hunting of coyotes and/or foxes may occur only for the protection of livestock, domestic animals, or human life.

(c) A permit may be modified to allow the aerial hunting of other predatory animals not protected by federal law only under extraordinary circumstances.

(3) Use of an aircraft in aerial hunting is prohibited until the permittee has notified the department of that use and has provided adequate aircraft identification.

History: 81-7-502, MCA; IMP, 81-7-502, MCA; NEW, Eff. 1/2/77; AMD, 1979 MAR p. 1240, Eff. 10/12/79; AMD, 2013 MAR p. 538, Eff. 4/12/13.

32.22.105   REPORTING REQUIREMENTS

(1) All permittees shall file semi-annual reports with the Department of Livestock on forms supplied by the department.

(a) The reports are due within 30 days after June 30 and December 31 of each year.

(2) The department may request other information or reports as needed.

History: 81-7-502, MCA; IMP, 81-7-502, MCA; NEW, Eff. 1/2/77; AMD, 1979 MAR p. 1240, Eff. 1012/79; AMD, 2013 MAR p. 538, Eff. 4/12/13.

32.22.106   REVOCATION, SUSPENSION, OR MODIFICATION OF PERMIT

(1) Failure to comply with the rules or statutes governing aerial hunting will result in suspension or revocation of the permit.

(2) The department shall close an aerial hunting area upon receipt of written request from the landowner, administrator or lessee, or their agent.

(3) Landowners, administrators, or lessees may also direct the department to modify certain permits while allowing other permits to remain in effect over land under their control.

History: 81-7-502, MCA; IMP, 81-7-511, MCA; NEW, Eff. 1/2/77; AMD, 1979 MAR p. 1240, Eff. 10/12/79; AMD, 2013 MAR p. 538, Eff. 4/12/13.

32.22.201   FERAL SWINE MANDATORY REPORTING

(1) Any person, including, but not limited to, landowners, tenants, or persons responsible for property oversight in Montana who knows or has reason to believe feral swine as defined in 81-29-101, MCA, are present on private or public property must report such knowledge to the Department of Livestock.

(2) The presence of feral swine must be reported by phone within 24 hours to the Department of Livestock.

(3) The Department of Livestock shall report the presence of feral swine to other state agencies with an expressed interest in the presence of feral swine.

History: 81-2-102, 81-29-103, 81-29-106, MCA; IMP, 81-2-102, 81-29-103, 81-29-106, MCA; NEW, 2016 MAR p. 223, Eff. 2/6/16.