(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 conditions, restrictive public hunting access on adjacent or nearby properties, or other factors. The department shall make determinations of eligibility based on the criteria set out in this rule. To qualify for a management hunt, a landowner must allow public hunting or not significantly reduce public hunting through imposed restrictions during established hunting seasons, including the general big game season. For eligibility, public hunting must be allowed at levels and in ways sufficient to effectively aid in management of area game populations. Restrictions that may significantly restrict public hunting include:
(a) species or sex of animals hunters are allowed to hunt;
(b) portion of land open to hunting;
(c) time period land is open to hunting;
(d) fees charged; and
(e) other restrictions that render harvestable animals inaccessible.
(2) If the regional supervisor determines that a management hunt is necessary before, during, or after the general hunting season, the regional supervisor must obtain the approval of the commissioner in whose district the management hunt is proposed prior to implementing the hunt. If the commissioner is not available, then the regional supervisor must obtain approval from the chair of the commission, or in the chair's absence, any other commissioner.
(3) Management hunts may be implemented under the following conditions:
(a) hunting occurs during the time period August 15 through February 15;
(b) the hunt will provide for dispersal and limited harvest of animals;
(c) hunting may include opportunities for specified numbers of hunters to harvest either-sex and antlerless game animals;
(d) size of affected area and number of animals exceeds that which can be more appropriately addressed through game damage measures outlined in ARM 12.9.802;
(e) hunting will occur only on lands eligible for assistance under (1) and approved legally-accessible state or federal land; and
(f) any weapons restrictions and area closures that apply during general hunting seasons to areas included in management hunts will also apply to hunting conducted during management hunts in those same areas.
(4) Some or all hunters eligible to hunt during a management hunt may be selected from the game damage hunt roster under procedures outlined in ARM 12.9.804A. The department may also use other established means of hunter selection, including first-come, first-served advertised opportunities, unsuccessful special license or permit applicant lists, or lists of names supplied by landowners.
(5) If the department determines that it may be effective in helping achieve the objectives of the hunt, the department may request a list of names supplied by a landowner to use in addition to selecting hunters from the hunt roster or other established means of hunter selection.
(6) If the department chooses to use a list of names supplied by a landowner, no more than 25% of the total number of hunters authorized to participate in the hunt may come from the list.
(7) If antlered animals are authorized for harvest, lists of names supplied by landowners shall not be an authorized means of hunter selection.