(2) The form must be signed by the applicant including mailing address and residence of applicant and stating specifically the waters and species of fish desired for harvest and equipment owned or controlled by applicant.

(3) If an application is approved, applicant must then give a bond to the department in favor of the state of Montana in the sum of $1,000 with corporate surety, conditioned on the faithful carrying out of the provisions of the application and permit. The department will then issue a license describing approved waters, species, seasons, and fishing methods.

(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, seasons, closures, etc., may be imposed on any water. Existing fishermen will receive first priority for retaining present permits. If additional waters are approved for commercial fishing or existing fishermen terminate their operation, the following criteria will be used to select permits for each water:

(a) ability of applicant to provide desired level of harvest;

(b) number of years of commercial fishing under Montana contract or permit;

(c) adequacy of equipment and facilities and investment in land and facilities in Montana for commercial fishing;

(d) previous fishing experience;

(e) state of residence.

(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 per year which authorizes the taking of all nongame species designated by the department except smallmouth buffalo and largemouth buffalo for commercial purposes;

(c) Class X--may be granted for not more than 12 months with no fee required, which authorizes the taking of specific nongame species for commercial purposes on an experimental basis.

(2) The Class X permit must be replaced by a Class A or Class B permit after 12 months' operation unless a renewal is specifically authorized in writing by the commission.

(3) Class X permits may be issued to those persons who desire to determine the feasibility of a commercial fishing operation in waters and for nongame species for which there has been no history of commercial fishing. Criteria for issuance of a Class X permit are:

(a) the method of harvest is new and untried; or

(b) the operation will be carried out in waters which are difficult to run a commercial operation; or

(c) the nongame species that is to be taken is not

usually handled in the commercial trade.

(1) A commercial bait fish seining license is required for:

(a) the collection of any nongame bait fish, as identified in the current fishing regulations, for the purpose of selling or commercial transportation and distribution; or

(b) the possession of 24 dozen (288) or more nongame bait fish, as identified in the current fishing regulations, unless the person is under 15 years of age.

(2) An application for a commercial bait seining license must be submitted on a form provided by the department.

(3) A $10 application fee must be submitted with every application. The application fee will be refunded if the application is denied.

(1) The department shall issue a commercial bait seining license upon approval of an application. 

(2) The license must specify the terms of the license.

(3) The department will not license any applicant who has ever had a commercial bait seining license revoked.

(1) The director may revoke a license based on sufficient evidence of violation of seining laws, regulations, or terms of the license.

(1) A person may appeal a determination to deny an application or revoke a license. The contested case provisions of the Montana Administrative Procedure Act, Title 2, chapter 4, part 6, MCA, will apply.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) 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.

(2) The following pathogens are designated Class A pathogens and pose a substantial threat to the health of state fisheries:

(a) infectious hematopoietic necrosis virus (IHNV);

(b) infectious pancreatic necrosis virus (IPNV);

(c) viral hemorrhagic septicemia virus (VHSV);

(d) Oncorhynchus masou virus (OMV);

(e) white sturgeon irido virus (WSIV);

(f) largemouth bass virus (LMBV);

(g) spring viremia of carp virus (SVCV);

(h) koi herpes virus;

(i) infectious salmon anemia virus (ISAV); and

(j) channel catfish virus.

(3) The following pathogens are designated Class B pathogens and may pose a threat to the health of state fisheries:

(a) Bothriocephalus acheilognathi (Asian tapeworm);

(b) Renibacterium salmoninarum (bacterial kidney disease);

(c) Aeromonas salmonicida (furunculosis);

(d) Myxobolus cerebralis (salmonid whirling disease);

(e) Heterosporis sp.;

(f) Missouri River sturgeon irido virus (MRSIV);

(g) enteric septicemia of catfish (ESC);

(h) PKX proliferative kidney disease (PKD);

(i) Ceratomyx shasta;

(j) erythrocytic inclusion body syndrome virus (EIBSV);

(k) Edwardsiella ictaluri; and

(l) Nucleospora salmonis.

(4) Based on the availability of new information related to the threat to state fisheries the department will review pathogens designated as Class A and B and will reclassify pathogens as necessary.

(5) The department will review the presence of unlisted pathogens as necessary to determine any risks associated with fish importations. An importation request may be delayed while the department determines the risk of a new pathogen.

(1) 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 for the Detection and Identification of Certain Fish Pathogens." A copy of this publication may be obtained from the American Fisheries Society.

(2) A surrogate species may be used for pathogen testing and certification purposes when:

(a) the surrogate species is designated by the director and verified by the department as a suitable species for testing;

(b) testing requirements significantly impact the population to be tested, including when population size of sensitive or at-risk species are too small to undergo lethal sampling; and

(c) the surrogate species has similar likelihood of exposure to pathogens and display similar susceptibilities to various pathogens, particularly Class A pathogens listed in ARM 12.7.502.

(3) Surrogate species test results will be considered as they would for the target species.

(1) 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 inspectors employed by state or federal agencies from conducting inspections for facilities operated by the employing agency.

(1) An import permit must be obtained prior to any importation of fish or eggs. A copy of the import permit must accompany the importation.

(2) Application for an import permit must be made by the receiving jurisdiction or by an entity designated by the director and must be received at least 10 working days prior to the date of importation. Applications must be provided to Montana Department of Fish, Wildlife and Parks, Fisheries Division in Helena, Montana.

(3) A permit application must include:

(a) species;

(b) number;

(c) size;

(d) source;

(e) destination;

(f) date and method of shipment;

(g) pathogen certification;

(h) fish health inspection report;

(i) other disease or inspection information the department deems necessary to evaluate the pathogen risk; and

(j) if applicable, private pond license number.

(4) The department may place conditions on an import permit to minimize any risk to the health of existing fisheries.

(5) An import permit will not be issued for fish or eggs that are confirmed positive for Class A pathogens listed in ARM 12.7.502.

(6) The department will determine whether the threat of fish or fish eggs that test positive for Class B pathogens is substantial and whether to issue an import permit based on consideration of one or more of the following:

(a) whether the importation provides a conservation benefit to the state of Montana, including the conservation of a sensitive or at-risk species;

(b) whether another biologically similar alternative source that is free of Class A and Class B pathogens is available;

(c) whether conditions can be placed on the permit to minimize the health risks to existing fisheries;

(d) the overall risk to the health of state fisheries; and

(e) any other factors the department deems necessary.

(7) Live fish exhibiting clinical signs of a disease may not be imported into Montana.

(2) When shipments are inspected pursuant to permit conditions or illegal shipments are inspected pursuant to 87-3-224, MCA, the department may order the shipment removed from the state or destroyed in a manner that will not contaminate any waters of the state when:

(a) designated pathogens are found in the shipment;

(b) fish in the shipment have visible symptoms of infectious diseases,

(c) the shipment is not authorized by permit or proper certification does not accompany the shipment, or

(d) false information was provided on the permit application or required certifications.

(1) 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 the hatchery or facility.  The quarantine shall allow time for additional testing, assessment of risk, and development of appropriate action.

(2) The owner of the facility may select the second lab required by 87-3-225, MCA, to confirm the infection, but the pathologist conducting the inspection must be certified as provided in ARM 12.7.504. If the second lab is selected by the owner of the facility, the owner shall pay all costs and expenses for the inspection.

(3) During the quarantine and after confirmation by a second laboratory, the department shall conduct a hearing to determine the severity of the disease problem and develop recommendations for appropriate action. The facility owner may offer his own recommendations at the hearing or submit his recommendations to the director along with the recommendations of the department. Based on the hearing, the department shall make recommendations to the director within 15 days of the hearing and the director shall order the action within 10 days of receiving the department's recommendations.  As directed by 87-3-225, MCA, this action may include continued quarantine, destruction of infected fish or eggs, or disinfection of all or part of the hatchery or facility.

(1) Bait leeches, Nephelopsis obscura , also called ribbon leeches or mud leeches, may be imported into the state with approval from the department. 

(2) Out-of-state bait dealers wanting to ship bait leeches into Montana for use as fish bait, including sales to commercial bait dealers in Montana, shall submit a completed application for a permit to the department on forms provided for this purpose.

(a) the application must include:

(i) information about the source of bait leeches;  

(ii) documentation that leeches are not collected from areas known to contain zebra mussels; and

(iii) certification   of compliance with requirements in ARM 12.7.541, for importation of bait leeches into Montana;

(b) the department may permit any out-of-state bait dealer that is determined to be in compliance with the requirements of this rule.   Additional information may be requested to evaluate the application if necessary.

(3) The department shall keep a list of permitted out-of-state bait dealers. The list of permitted bait leech dealers   shall be provided to persons wishing to import bait leeches.

(4) An out-of-state bait dealer shall remain on the permitted list and may sell leeches for importation into Montana unless the dealer is removed from the approved list by the department, or unless the dealer requests to have his or her name removed from the list.

(a) A dealer may be removed from the permitted list at any time it is determined that any of the following has occurred:

(i) the dealer has not complied with the requirements of ARM 12.7.540, 12.7.541, and 12.7.542;

(ii) zebra mussels are discovered in the watershed from which the leeches were collected; or

(iii) it is determined that importation of leeches from this source poses a threat to existing fisheries, native wildlife and plants, or to agricultural production.

(5) The department may deny any request for a permit to ship bait leeches into Montana if the department determines that the source of bait leeches may pose a threat of harm to existing fisheries, native wildlife, plants, or to agricultural production.

(1) Bait leeches may be imported into Montana from a permitted out-of-state bait dealer under the following conditions:

(a) leeches must be held in clean well water at the place of collection for a minimum of two days (48 hours) prior to being shipped into Montana;

(b) leeches must be shipped into the state in well water;

(c) authorized bait dealers must notify the department of each shipment of leeches to be sent to Montana. Notification will be made in writing prior to, or at the same time of shipment to Montana. The notification shall be sent to the following address: Montana Department of Fish, Wildlife and Parks, 4801 Giant Springs Road, Great Falls, Montana 59405.

(2) Out-of-state bait dealers shipping bait leeches to Montana must notify the party receiving the leeches in Montana that they must comply with the following conditions:

(a) leeches must be washed in clean water upon arrival in the state;

(b) all water in which leeches are shipped must be disinfected with chlorine, one-fourth cup of bleach for each gallon of water, prior to disposal; and

(c) bait leeches not attached to a hook and line for fish bait may not be released into Montana waters.

(2) The department may seize and destroy any shipment of bait leeches when:

(a) unwanted aquatic pests, including zebra mussels, fish pathogens, or parasites are found in the shipment;

(b) bait leeches in the shipment have visible symptoms of infectious disease or parasitic infection;

(c) the shipment is not from a source authorized by the department or is not the species of leeches authorized for importation;

(d) zebra mussels have been found in drainages from which the bait leeches were taken; or

(e) false information was provided in the permit application.

(3) The owner of a shipment of bait leeches that is seized forfeits all rights to the shipment of leeches and shall not be compensated for any loss.

(2) The annual fish distribution plan shall be reviewed and approved by the administrator and the chief of the bureau of management and research of the fisheries division, Department of Fish, Wildlife, and Parks. Changes during the year may be made only with their written approval. Fish distribution is subject to an official order of the commission and the director.

(3) No state-raised fish shall be planted into any waters of the state where public access for fishing is denied. Fish shall not be placed in stream locations closer than one-half mile from portions of the stream where public access is denied. This restriction does not apply to state-owned access areas.

(4) Introduction of fish not indigenous to a particular drainage may be made only after careful study to ensure these fish will be beneficial to that area.

(5) The species and size most economical in terms of fishing quality or return to the creel shall be used in planting programs when possible.

(6) The planting of catchable-size trout (7 inches and longer) for immediate harvest is not considered resource management but a means of providing additional man-days of recreation. In addition to the rules for stream planning, the following general criteria must be met in order to plant or continue to plant a stream or lake with catchable-size trout:

(a) For each six fish planted there must be an average increase of at least one fisherman day on the water stocked. The statewide fishing pressure survey is a satisfactory means for making this determination.

(b) At least 40% of the planted fish must be creeled. Attainment of the requirement (a) above will satisfy this requirement until a creel census can be made.

(c) For a new plant to be made or an existing plant to be increased, anglers must have an average catch of less than one-half game fish per hour as determined by creel census. A "directed" warden creel census of at least 100 fisherman hours, by at least 15 different fishermen during the regular fishing season, will suffice for this determination.

(7) The periodic planting of fish for population manipulation, rather than immediate harvest, is a type of resource management. If such planting is to be continued in a water after a trial period, the following criteria shall be met:

(a) The planted fish after growing to a desirable size for harvest shall have measurably increased some segment of the fish population of the water planted. This is to avoid plants that merely replace wild fish.

(b) The planted fish shall comprise a significant portion of the harvest from that water.

(c) "Water" as used in (a) and (b) above includes a bay or other natural area of a lake or reservoir or a section of a stream.

(1) 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 streams that do not have a thriving wild trout population.

(2) It is assumed some streams, for which population data is unavailable, have less than thriving trout populations. In such streams an annual plant of up to 1,000 catchable-size trout per 10 miles of stream will be considered not to cause substantial environmental damage. A plant of this magnitude may be continued if in the judgment of the regional fisheries manager:

(a) the stream has a less than thriving population; and

(b) catchable-size trout are needed.

(3) An established annual plant of 500 or fewer catchable-size trout may be continued until it is determined the plant causes environmental damage or the return to the creel is unsatisfactory.

(4) No catchable plants may be made in numbers exceeding those prescribed in (2) and (3) until the criteria in (1) have been established by fish population studies.

(5) To ensure maximum return, stream plants of catchablesize trout shall be made only between the end of spring high water and August 15 each year. Exceptions may be made for unforeseen conditions and for waters open the entire year.

(1) 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 department's request, commercial hatchery stocking of licensed private and commercial ponds when approved by the department and commercial hatchery stocking of waters on private lands when approved by the department. List of fish species approved:

(2) The commission concurs, in accordance with its authority under 87-5-711, MCA, that the department's experiences with and studies of prior fish plantings and the requirements of the commission's rules on fish planting (ARM 12.7.601 and 12.7.602) constitute a scientific investigation required by 87-5-714, MCA, and the plan required by 87-5-713, MCA, for those species listed in 87-5-714, MCA, or listed in (1) of this rule.

(2) Applications must be submitted between September 1 and November 1 for open water contests proposed for the following March 1 through December 1;

(a) applications for benefit fundraising contests received later than November 1 may be accepted.

(3) Applications must be submitted between May 1 and July 1 for ice fishing contests proposed for the following December 1 through March 1;

(a) applications for benefit fundraising contests received later than July 1 may be accepted.

(4) Contest sponsors must provide documentation that they have approval to use each fishing access site not under the ownership or control of the department that is listed in the application.

(5) Contest sponsors are responsible for notifying participants of any public safety concerns associated with the contest.

(6) Contest sponsors are responsible for notifying participants that boats and trailers must be cleaned before and after the contest to prevent transport and introduction of aquatic nuisance species.

(a) impacts of the contest on the fish population of the host body of water, the aquatic ecosystem and the immediate area;

(b) compatibility of the contest with fisheries management objectives for the water;

(c) purse or participation limits (limits may or may not be imposed depending upon public comments received or potential conflict with other users) ;

(d) conflicts with other contests proposed for a body of water;

(e) compliance with contest rules, conditions or reporting requirements for previously sponsored contests;

(f) environmental conditions (such as relevant historic high water temperatures) and compatibility of check-in format with successful release of live fish for catch and release contests; and

(g) contest boundaries.

(2) The department will give public notice of all contests and provide an opportunity for public comment on each application.

(a) offer the best opportunities for public benefits by furthering knowledge of angling ethics and aquatic ecology;

(b) have been approved historically;

(c) have had good participation; and

(d) have a good record of compliance.

(2) The department may request that applicants competing for a permit on the same or consecutive weekends resolve conflicts and allocate limited dates among themselves.

(2) An application may be denied if in the opinion of the department any of the following are found to exist:

(a) the contest will have detrimental impacts on fish populations, the aquatic ecosystem or the surrounding area;

(b) the contest would conflict with management goals for the host water;

(c) the contest conflicts with other proposed contests or intended uses of the host water;

(d) the proposed contest would be held during a period of heavy recreational use on the host body of water, increasing the likelihood of conflicts with other users; and

(e) there is significant public opposition to the proposed contest based on biological or recreational conflict concerns. Public comments will be provided to the sponsor on request.

(3) Conditions may be placed on contests to:

(a) minimize fish mortality in catch and release contests;

(b) regulate harvest;

(c) reduce user conflicts; or

(d) require supplemental trash removal, restroom facilities, or other maintenance at department access sites when routine facilities and maintenance are inadequate for the contest.

(4) Contests may not be scheduled and approved for consecutive weekends on any body of water less than 100,000 surface acres in size.

(5) Contests may not be scheduled on holiday weekends, including but not limited to Memorial Day, Fourth of July and Labor Day.

(6) The department will notify the applicant of its decision by mail. The department shall notify the public with an announcement released to all major state newspapers and through notice published on the department web site.

(1) 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.

(2) All contests involving wild trout (Salmo Oncorhynchus or Salvelinus) in streams or rivers are prohibited. Contests for brook trout (Salvelinus fontinalis) that are restricted to anglers 14 years or younger are allowed until July 17, 2017.

(2) During approved catch-and-release fishing contest hours, fish caught for contest purposes and released alive by contest participants are not considered part of their daily limit. Contest participants may not have more than the daily limit in their possession at any time. All fish must be released alive at the end of the day unless the fish died as a result of handling during the contest.

(2) The commission's decision to approve the application as submitted, to approve the application with modifications or to deny the application will be made on the criteria of ARM 12.7.805. The commission's decision will be final.

(a) the department owns eggs that are surplus to its needs; and

(b) eggs certified to be disease free under the procedures of ARM 12.7.501 are not available from private sources within the state.

(2) The department will make no more than two attempts to notify by telephone each buyer on the buyer's list of the availability of surplus eggs.

(3) Following the phone call from the department, the potential buyer has four days within which to submit a bid.

(4) In order to be considered by the department, a bid must be accompanied by a deposit in the form of a certified check, money order or personal check for ten percent of the bid amount.

(5) If the high bidder declines the eggs or fails to meet other conditions of the sale, the ten percent deposit will be forfeited and the eggs will be offered to the next highest bidder, who will be offered the eggs at his bid price.

(a) "Roe" means paddlefish eggs removed from the fish prior to processing;

(b) "Caviar" means roe washed, screened, cooled and salted;

(c) "Processing" means the washing, screening, cooling and salting of roe.

(2) A public notice of the intent and details of the paddlefish roe donation and marketing program will be issued in all local, daily and weekly newspapers within the lower Yellowstone river drainage in Montana and in the major statewide newspapers. The notice will include a request for proposals from qualified organizations, proposal due dates, selection process time frames and a list of minimum eligibility criteria as well as other criteria that should be included in proposals.

(1) The commission shall consider the following criteria in selecting a corporation for conducting paddlefish roe donation and marketing program:

(a) overall feasibility of the corporation's proposal;

(b) estimated benefits to the public and paddlefish resource;

(c) capability to operate the paddlefish roe donation program including:

(i) ability to minimize waste and impacts on the paddlefish resource;

(ii) knowledge of collecting, processing and marketing the roe;

(iii) ability to successfully operate during the paddlefish season and process up to 300 fish per day;

(iv) ability to distinguish legally captured fish;

(d) burden of the proposed operations on department administration and enforcement;

(e) benefits of the proposed operations to the local community;

(f) compliance with all local and state food processing and health laws; and

(g) feasibility of the corporation's plan for marketing and processing.

(a) fish and egg handling and record keeping procedures;

(b) precautions to be taken to avoid wasting the paddlefish resource;

(c) the mechanism for securing eggs from only fresh legally taken fish;

(d) a plan for processing and marketing the roe;

(e) use and selection of subcontractors if subcontractors are to be used;

(f) details on how the corporation intends to encourage donations of roe from the paddlefishermen; and

(g) proposed times and sites and other conditions under which eggs will be collected.

(a) The daily total number of fish from which roe are taken;

(b) recording tag numbers from all fish;

(c) the daily total weight of roe collected;

(d) the daily total weight of roe processed;

(e) the gross income from roe or caviar sold; and

(f) the weekly total expenses incurred including operation costs and salaries.

(2) The commission may revoke the permit after opportunity for hearing if it determines that:

(a) permit conditions have been violated;

(b) paddlefish roe funds are being misapplied or wasted; or

(c) that the corporation is unable to carryout the purposes of the paddlefish roe donation program.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(2) Applicants proposing projects on lands other than their own must include written consent of the landowner and/or lessee for the project, including an agreement for any maintenance and evaluation activities that may be necessary.

(a) Fish habitat improvement;

(b) Barrier removal or other improvements to provide fish passage;

(c) Riparian enhancement or protection;

(d) Stream channel rehabilitation and stabilization;

(e) Clean up of debris and trash in river corridors;

(f) Watershed enhancement(sediment source abatement, grazing management systems, vegetative development) ;

(g) Stabilization or modification of irrigation diversions presently in use, including innovative techniques not presently used in Montana;

(h) Bank stabilization (vegetative, sloping, rip-rap) .

(2) Copies of completed applications received by the department will be sent to the appropriate conservation district for their review and comments. In order to have their comments considered the conservation district must return its comments to the department within 10 days after its monthly meeting following receipt of the application.

(3) The following criteria will be used for evaluating restoration projects:

(a) The degree to which the project optimizes benefits to public fisheries;

(b) The degree to which the project promotes benefits to other river resources, such as water quality, water quantity, wildlife habitat, non-fishing recreational values, property values, and aesthetic values;

(c) The level of in-kind services or cost sharing from other sources;

(d) The severity of the problem and need;

(e) The importance of the river or stream (determined from the Montana interagency data base) ;

(f) The level of local support for the project;

(g) The potential for statewide application (demonstration projects) ;

(h) Public fishing allowed on or near the project area.

(4) All applicants will receive written notification of action taken on their project proposal within 60 days after the submittal deadline.

(5) Projects will be approved for funding only if account money is available as requested to complete the project. There is no dollar limit on projects.

(6) Projects will be funded up to 100 percent of cost, except that installation of permanent irrigation diversions will be limited to 50 percent of the total cost. The project applicant's share may consist of "in-kind" services, other funding sources or both.

(7) When deemed necessary, the department will solicit outside technical design review of projects.

(8) No project conducted under the program may restrict or interfere with the exercise of any water right.

(2) Payment may be made in installments for completed work as the project progresses. Upon completion of a project, a final inspection and payment will be made within 45 days by the department. If the department determines after inspection that the project is not complete, final payment shall be withheld pending completion and reinspection.

(2) Projects with demonstrated benefits to public fisheries and conservation of rivers may be eligible for maintenance funding under this program. Maintenance funding may be requested by submitting a completed program application form to the department. These requests will be evaluated by the program committee when they are received and funding may be granted after all factors are considered.

(3) Additional funding may be available to complete a project if a natural catastrophic event has damaged or destroyed the project during construction. Requests for additional funding will be evaluated by the program committee. The committee may allocate funds outside of the normal review process depending on the urgency of the situation.

(1) "Commission" means the fish, wildlife and parks commission.

(2) "Department" means the Department of Fish, Wildlife and Parks.

(3) "Native fish" means fish species that were present in a given water body prior to the influence of European man.

(4) "Program" means the future fisheries improvement program provided for in 87-1-272 , MCA, and as implemented in these rules.

(5) "Restoration" means to restore to a natural or near natural condition.

(6) "Review panel" means the future fisheries improvement review panel.

(7) "Wild fish" means fish populations that sustain themselves through natural reproduction in lakes, reservoirs, rivers, or streams.

(2) The department will submit a list of recommended projects to the commission for consideration at public hearings conducted as part of regularly scheduled commission meetings. The commission will grant final approval for project funding.

(3) The department and the commission will use the following criteria to evaluate and prioritize projects:

(a) the degree to which the project optimizes public benefits to wild fisheries;

(b) whether the project benefits a native fish species with emphasis on species of special concern;

(c) the importance of the river or stream (determined from the Montana interagency database -- a ranking of the habitat and species value of stream reaches) ;

(d) the expected benefits of the project relative to cost;

(e) the long-term effectiveness of the restoration;

(f) the level of in-kind services or cost-sharing from other sources.

(4) All applicants will receive written notification of action taken on their project proposals after the commission has made a final decision.

(5) Projects will be approved for funding only if account money is available as requested to complete the projects. Each approved project sponsor must enter into a written agreement with the department on a form prepared by the department.

(6) When deemed necessary, the department will solicit outside technical design review of projects.

(7) No project completed under this program may restrict or interfere with any water rights or property rights of landowners adjacent to projects.

(8) Funds from this account may not be used to acquire any interest in land.

(2) Payment may be made in installments for completed work as the project progresses. Upon completion of a project, a final inspection and payment will be made within 45 days by the department. If the department determines after inspection that the project is not complete, final payment shall be withheld pending completion and reinspection.

(3) Unanticipated expenses of up to 10% of total project costs can be approved by the department.

(4) Additional funding may be available to complete or repair a project if a natural catastrophic event damages or destroys the project while the project is under construction. requests for additional funding will be evaluated by the department.

(2) Projects with demonstrated benefits to public fisheries and conservation of rivers may be eligible for maintenance funding under this program. Maintenance costs of up to 10 percent of total project costs can be approved by the department.

(a) name, address, phone number, affiliation and qualifications of the applicant as well as any associates who will be involved in making collections;

(b) description of supervision provided by the applicant to any associates included on the application;

(c) description of why the collection is necessary, including why collection by angling is not possible within the creel limits by licensed anglers during the regular angling season;

(d) description of the study plan;

(e) description of the collection gear and method or methods of collection;

(f) anticipated species collected, approximate number, location and time frame for collection, and disposition of collected specimens (return to waterbody, preserve for scientific purposes, dispose of in a sanitary manner) ;

(g) special precautions taken to protect threatened and endangered species and species of special concern; and

(h) $50 application fee, except for those exempt under 87-2-806(5) , MCA.

(2) The following are conditions of permits issued:

(a) permits are not transferable;

(b) permits must be in the permittee's possession during collection;

(c) any violation of the conditions of a collectors permit may result in revocation of the permit and repeated violations may result in denial of future permit applications;

(d) all permits issued within a calendar year will expire on December 31;

(e) an annual report describing the results must be submitted to the department no later than March 1 of the following year. The report shall include copies of fish and related habitat field data. A new permit will not be issued until the report from the previous year's work has been submitted and accepted;

(f) data collected during the term of the permit must be compatible with the data fields and structures used in the Montana rivers information system (MRIS) . The MRIS environmental protection agency river reach numbering system will be used as the stream reach identifier and stream reach breaks will be made

(g) the regional fish manager must be notified prior to the sampling of any waters in that region.  The permittee and associates may be subject to spot checks to determine suitability of collection methods and gear;

(h) permittee shall follow the department's electrofishing guidelines; and

(i) the permittee is required to furnish their own electrofishing or other collection gear.

(3) Applications must be received 45 days prior to scheduled start of sampling.

(4) Under 87-2-806(3) , MCA, the department may deny a permit if:

(a) the applicant is not qualified to make the scientific investigation;

(b) the proposed collecting is not necessary for the proposed scientific investigation;

(c) the method of collecting is not appropriate;

(d) the proposed collecting may threaten the viability of the species; or

(e) there is no valid reason or need for the proposed scientific investigation.

(5) The department may place special authorizations or special requirements and limitations on any permit as necessary to protect the species to be collected, other species that may be affected, and their habitats, or to preserve the integrity of the scientific collection methods.

(6) Minimum qualifications are as follows:

(a) principal investigator or permittee must have a B.A. or B.S. plus five years experience or a M.S. in fish, wildlife or a related field.  Specific training in electrofishing methods is required if it is one of the collection methods proposed in the application; and

(b) students or associates under the supervision of the principal investigator must have specific training in the collection methods proposed in the application.

(7) All of the above provisions apply equally to all applicants whether they are governmental, university or private.

(1) The department may provide monetary benefits under 87-1-285 , MCA, 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 or not to enter into a cooperative agreement and/or the amount of monetary benefits paid under the agreement, the department shall evaluate the public benefit of acquiring access to the site. The department shall use the 2002 private land fishing access scoring form to make this evaluation. This form is incorporated by reference as part of this rule and is available from the Department of Fish, Wildlife and Parks, Fisheries Division, 1420 East Sixth Ave., P.O. Box 200701, Helena, MT 59620-0701.

(3) The score a site receives on the 2002 fishing access scoring form will determine the amount of landowner benefits, if any, that the department offers to the landowner for the purpose of acquiring fishing access.

(4) Compensation schedules will be prorated biennially to conform to legislative appropriations for the program.

(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 placement of unauthorized species into the public waters, including from outside or inside the state through introduction or transplantation. Unauthorized species refers to any live fish found in public waters without authorization by the department.

(2) Unauthorized fish in public waters is of significant concern and is likely to have many adverse impacts, including but not limited to:

(a) adverse impacts on native, wild and stocked fish populations;

(b) potential to spread disease;

(c) degradation of water quality;

(d) degradation of aquatic habitat;

(e) increased fishery management costs;

(f) loss of angling opportunities and quality; and

(g) harm to local and regional tourism economies.

(3) The department and commission shall make prevention of and response to unauthorized species a priority.

(4) During efforts to respond to unauthorized species, the department will endeavor to protect the previously existing fishery and suppress or eradicate the unauthorized species to maintain the existing management objectives for that fishery.

(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 distribution, abundance, age structure, and potential population expansion of the unauthorized species.

(2) The department shall prepare an action plan for responding to an unauthorized species. The action plan will identify the department's immediate and long-term management objectives for the unauthorized species and the management actions that may be implemented to achieve those objectives. The management objectives shall be based on a risk and feasibility assessment, with consideration for the following:

(a) the risk that the unauthorized species could expand into connected or nearby waters;

(b) the current distribution of the unauthorized species and the proximity of those populations to the new placement;

(c) the probability that the unauthorized species will survive and propagate;

(d) the impact that the unauthorized species might have on the existing fishery, especially threatened or endangered species, native species, game species, and important forage species;

(e) the immediate and long-term impacts that the unauthorized species might have on previously existing angling opportunities; and

(f) the immediate and long-term economic impacts that the unauthorized species might have on the department, the public, and the economy.

(3) To protect existing fisheries, local economies, wildlife enjoyment, and angler opportunities, the department shall attempt eradication or suppression of the unauthorized species if determined to be practical and necessary based on a risk and feasibility assessment, as set forth in this rule.

(4) The department shall attempt to identify and cite any individuals responsible for the unauthorized placement and seek penalties and restitution pursuant to the penalties and fines outlined in law.

(1) The department's action plan for responding to a confirmed unauthorized species may include, as determined by the department, the following management actions for eradication or suppression:

(a) prohibit or discontinue stocking the water body if the presence of the unauthorized species reduces the effectiveness of the stocking effort;

(b) prohibit or discontinue stocking of any forage fish species that benefits the unauthorized species;

(c) modify angling regulations for the immediate and connected water bodies with unauthorized species including:

(i) liberalizing or removing daily angling limits;

(ii) enacting catch-and-release fishing;

(iii) extending or removing the angling season;

(iv) allowing capture methods other than hook and line;

(v) instituting mandatory catch-and-kill regulations; or

(vi) closing the water to all fishing.

(d) deny applications for fishing contests that target the unauthorized species, except in cases where the department determines the contest is an essential tool for suppression or eradication and requires that the contest has catch-and-kill rules;

(e) authorize commercial harvest or economic harvest incentives for the unauthorized species if statutory authority is provided and is prescribed by a management plan;

(f) implement physical control measures to reduce the population of unauthorized species, including:

(i) installation of fish barriers;

(ii) removal using chemical or mechanical methods;

(iii) netting spawning fish;

(iv) habitat manipulation (e.g., reservoir drawdown);

(v) removing illegal species when encountered incidental to other management or survey activities; or

(vi) disturbing spawning areas to reduce survival.

(g) implement angler harvest incentive programs.

(1) The department may amend its management objectives for a body of water if after a reasonable period of time the department concludes that:

(a) the management actions have succeeded and the department has accomplished the management objectives and that continued implementation of the existing action plan is no longer necessary; or

(b) the management actions have failed to accomplish the management objectives, and that continued implementation of the existing action plan is unlikely to accomplish the desired outcome.

(2) Revisions to the management objectives may prescribe management actions that are more tolerant or less tolerant of the presence of the unauthorized species and must include a rationale for any changes. The department shall report any revisions to the management objectives to the commission.

(1) The department shall maintain an electronic repository utilizing a standardized format to document the initial investigation and subsequent management actions taken in response to each unauthorized species.

(2) Documentation must include, but is not limited to:

(a) results of the department's initial investigation to confirm the presence of the unauthorized species and information collected on the distribution, abundance, age structure, and potential population expansion of the unauthorized species;

(b) the action plan for responding to the unauthorized species, including the management objectives and potential management actions;

(c) a summary of management actions taken to respond to the unauthorized species; and

(d) changes to any action plan taken under the adaptive management approach.

(3) The electronic repository shall be updated on an annual basis to include all new unauthorized species and changes to documentation regarding previously reported unauthorized species.

(4) The electronic repository will be made available to the public.