Administrative Rules of Montana
Department 12 - FISH, WILDLIFE, AND PARKS
Chapter 12.9 - WILDLIFE DIVISION
Subchapter 12.9.6 - Upland Game Bird Release Program
Rule 12.9.602 - REQUIREMENTS OF PROJECTS INVOLVING PHEASANT RELEASES
Universal Citation: MT Admin Rules 12.9.602
Current through Register Vol. 6, March 22, 2024
(1) The department will not authorize participation in the upland game bird release program for pheasants unless the proposed project meets the following requirements:
(a) all birds must be at least ten weeks of
age at the time of release;
(b) no
more than 40% of the birds released may be cocks;
(c) all birds must be fully feathered, appear
healthy, uninjured, and have the ability for flight at the time of the
release;
(d) applications for
releases must be postmarked by January 15, and all releases must be made
between August 1 and September 15;
(e) groups or individuals releasing birds on
property they do not own must provide the department with written documentation
from the landowner giving permission for the release, acknowledging the
requirements of allowing free public hunting, and notifying the department whom
payment should be made;
(f)
releases may not be made in Fergus, Richland, or Roosevelt counties in order to
provide a potential basis for evaluating the success of the program;
(g) all releases must be on land open to
public hunting without the imposition of any monetary charge for such hunting
privilege during the year of release. Release sites may be subject to use
limitations but no fee may be charged in connection with the privilege to hunt
on any release site;
(h) all
release sites should contain a minimum of 160 contiguous acres under the
ownership of the applicant or the person authorizing release. Release sites as
small as 80 contiguous acres will be considered on a case-by-case basis and may
be authorized if the acreage involved would provide a viable habitat base for
the number of birds authorized to be released;
(i) within one mile of each release site,
habitat must be available that consists of:
(i) at least 10% effective winter
cover;
(ii) 25% idle cover such as
undisturbed residual vegetation 10 or more inches high; and
(iii) 10% food sources, such as cultivated
grain;
(j) certification
of the genetic strain must be available from the commercial source of the eggs
or chicks and must be provided, upon request, to the department by the
applicant;
(k) all source stock
must be purchased from an authorized National Poultry Improvement Plan (NPIP)
hatchery;
(l) the department
reserves the right to inspect the pheasant raising facilities and sample
birds;
(m) the department reserves
the right to refuse to stock or pay for any pen-reared pheasants that are
observed to be in poor condition or health prior to or during release
activities;
(n) habitat sites will
be inspected by department personnel to determine the authorized number of
birds that may be released. This number will be determined by:
(i) the availability of required habitat
components within one mile of the release site; and
(ii) the number of birds that the area will
support assuming one bird will require approximately three acres of habitat
within a one-mile radius of the release site;
(o) banding of birds may be required in
specified study areas;
(p)
pen-reared pheasants may be assessed for overall health and general condition
prior to and during release activities and the department maintains the right
to refuse authorization of any pheasant release or payment for released
pheasants if pheasants appear unhealthy prior to or during the release
activity;
(q) all releases must be
verified at the time of release by a department representative who will submit
the verification form to the program coordinator for payment to the landowner
or their designee;
(r) pheasant
releases may occur annually within a five-year period starting from the first
release. The department may fund additional releases for one additional
five-year period if habitat improvements are established that address factors
limiting pheasant numbers.
(2) The department may authorize the release of up to 200 pheasants per application.
(3) If the department is unable to fund all eligible applications, the department may:
(a) fund one eligible application per
applicant;
(b) fund an equitable
number of eligible applications for each applicant; and
(c) conduct a random drawing.
87-1-249, MCA; IMP, 87-1-248, MCA;
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