Mont. Admin. R. 12.9.804 - GAME DAMAGE HUNTS
(1) Damage hunts
are carried out according to the following policies and procedures:
(a) during the season-setting process, the
department requests that the commission tentatively approve a specified number
of antlerless deer, antlerless elk, and doe/fawn antelope licenses for
potential game damage occurring between August 15 and February 15;
and
(b) if the regional supervisor
determines that a damage hunt is necessary before, during, or after the general
hunting season, the regional supervisor must obtain approval of the
commissioner in whose district the game damage hunt is proposed prior to
implementing the hunt. If the commissioner is not available, then the regional
supervisor may request approval from the chair of the commission or, in the
chair's absence, any other commissioner.
(2) The following conditions apply to game
damage hunts:
(a) damage hunts may only occur
between August 15 and February 15;
(b) damage hunts may be authorized when there
are enough animals involved on the landowner's property to justify the use of
public hunting, but numbers of animals and size of affected area does not
qualify for implementation of a management hunt, as outlined in ARM
12.9.1101;
(c) damage hunts may be authorized when
hunting will occur only on property where public hunting during the general
season qualifies the property for game damage assistance under
87-1-225, MCA, and ARM
12.9.803 and on approved adjacent
or nearby legally-accessible state or federal land;
(d) damage hunts may be authorized when the
game damage is a recurring problem and animals causing the problem are normally
unavailable during the general hunting season;
(e) a game damage hunt roster must be
established in accordance with ARM
12.9.804A for use in identifying
some or all of the hunters eligible to participate in game damage hunts.
Eligible hunters may be identified through the game damage hunt roster, or the
department may identify eligible hunters through 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;
(f) unless
stated otherwise, participants in a damage hunt shall possess a valid unused
license, permit, or damage hunt license or permit for the species being
hunted;
(g) a person who is
contacted by the department for the purpose of a damage hunt may waive the
opportunity to participate, but may not be considered again until all other
interested persons have been contacted;
(h) any weapons restrictions or area closures
that apply during general hunting seasons to areas included in game damage
hunts will also apply to hunting conducted during game damage hunts in those
same areas; and
(i) damage hunts
may include the harvest of male and female game animals.
Notes
AUTH: 87-1-225, MCA; IMP: 87-1-225, MCA
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