Current through Register Vol. 6, March 22, 2024
(1) The commission delegates its authority to
the department to authorize lethal control of problem wolves. The department
may authorize the following to conduct lethal control of problem wolves:
(a) the department;
(b) USDA Wildlife Services pursuant to an
interagency cooperative agreement that outlines the procedures for verifying
the needs for lethal control and as part of a coordinated agency response;
(c) Department of Livestock
pursuant to an interagency cooperative agreement that outlines the procedures
for verifying the needs for lethal control and as part of a coordinated agency
response;
(d) a livestock owner,
immediate family member, employee, or other person authorized by the department
with a permit issued by the department under the conditions authorized and
specified on the permit;
(e)
control to protect human safety; or
(f) control pursuant to
87-1-901, MCA.
(2) The department may authorize
lethal control of a problem wolf, after considering the number of breeding
pairs within the state and other factors in these rules.
(3) Before considering lethal control of a
problem wolf for livestock conflict, the department or USDA Wildlife Services
shall conduct the following investigation:
(a) the department or USDA Wildlife Services
will conduct a field investigation to determine if the death of the livestock
was due to natural causes or a predator; and
(b) if a predator killed the livestock, the
department or USDA Wildlife Services will examine the evidence at the scene to
determine if a wolf was responsible.
(4) The department has the discretion to
lethally remove or authorize removal of a gray wolf if the department
determines that the wolf is:
(a) bold;
(b) food conditioned;
(c) habituated to humans or livestock;
(d) demonstrating abnormal
behavior patterns or physical characteristics indicative of a wolf-dog hybrid
or of captive origin; or
(e)
posing an immediate or ongoing threat to human safety.
(5) Pursuant to
87-5-109, MCA, the director of the
department may permit killing, possessing, transporting, or exporting of a wolf
for scientific, zoological, or educational purposes.
(6) The department may kill or remove a sick,
injured, or diseased wolf.
(7) To
further conservation of the species, the department may capture and translocate
a wolf or use other human assisted techniques.
(8) The department may authorize a livestock
owner, immediate family members, or employees by a permit to take a problem
wolf under the following circumstances and conditions as part of a coordinated
agency response to confirmed livestock damage due to wolves:
(a) when the department or USDA Wildlife
Services confirms that a wolf killed the livestock;
(b) when the department or USDA Wildlife
Services determines that the wolf was not purposefully or intentionally fed or
baited to a site;
(c) the permit
may last for a maximum of 45 days from the date the department or USDA Wildlife
Services confirms the wolf caused damage and any wolf killed within the 45 days
will be counted towards the number specified on the permit;
(d) the permit expires when the total desired
number of wolves are removed by the combined action of the department, USDA
Wildlife Services, and individuals named on the permit, or at the end of the 45
days, whichever is first;
(e)
within 24 hours, a person must report to the department killing or injuring a
wolf under a permit;
(f) to
preserve the physical evidence, the permittee shall leave the carcass of any
wolf killed where it lay, and shall not disturb the area surrounding the
carcass; and
(g) surrender the
carcass to the department.
(9) The permit must specify:
(a) its duration and expiration date;
(b) total number of wolves that
may be lawfully killed through the combined actions of the individuals named on
the permit or other department authorization and the department or USDA
Wildlife Services;
(c) the
geographic area where the permit is valid; and
(d) that wolves may be killed from the ground
and in a manner that does not entail the use of intentional live or dead baits,
scents, or attractants or deliberate use of traps or snares, or poisons; or use
of radio telemetry equipment.
(10) As allowed by
87-1-901 and
87-6-106, MCA, any person may kill
without permit or license a wolf that is attacking, killing, or threatening to
kill a person or livestock, or that is in the act of attacking or killing a
domestic dog. A person may not intentionally bait a wolf with domestic dogs or
livestock for the purpose of killing the wolf.
(a) This person shall notify the department
within 72 hours, preserve the scene, leave the carcass where it was killed
until the department investigates the scene, and surrender the carcass to the
department. USDA Wildlife Services will investigate and determine the cause of
any injured or dead livestock.
(11) A landowner or landowner agent, pursuant
to 87-1-901, MCA, may take a wolf on
the landowner's property without permit or license when the wolf is a potential
threat as defined in ARM
12.9.1302 until the quota
established by the commission under
87-1-901, MCA, is met.
(a) This landowner or landowner's agent
shall:
(i) notify the department within 24
hours;
(ii) preserve the scene;
(iii) leave the carcass where it
was killed until the department investigates the scene; and
(iv) surrender the hide, skull, and carcass
to the department.
(b)
Any take after the quota established by the commission under
87-1-901, MCA, is met is subject
to criminal penalties pursuant to
87-5-106,
87-5-111,
87-6-201, and
87-6-203, MCA, as
applicable.
87-1-201,
87-1-301,
87-5-105,
87-5-110,
87-5-131, MCA; IMP,
87-1-201,
87-1-301,
87-5-102,
87-5-103,
87-5-104,
87-5-105,
87-5-108,
87-5-131,
MCA;