Administrative Rules of Montana
Department 12 - FISH, WILDLIFE, AND PARKS
Chapter 12.7 - FISHERIES DIVISION
Subchapter 12.7.13 - Scientific Collectors Permit
Rule 12.7.1301 - APPLICATION PROCESS AND CRITERIA FOR A SCIENTIFIC COLLECTORS PERMIT
Universal Citation: MT Admin Rules 12.7.1301
Current through Register Vol. 24, December 20, 2024
(1) The application for a scientific collectors permit must contain the following:
(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 in adherence to this system unless
variations are approved prior to data collection. The permittee will be
provided with all support documents by MRIS staff necessary to maintain this
standardization. Training in the MRIS edit/entry will be provided by MRIS
staff. This requirement may be waived under certain circumstances;
(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.
87-1-201, MCA; IMP, 87-2-806, MCA;
Disclaimer: These regulations may not be the most recent version. Montana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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