Montana Code Annotated 1999

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     87-4-915. Field trials -- permits. (1) As used in this section, "field trial" means an examination to determine the ability of dogs to point, flush, or retrieve game birds.
     (2) No person may conduct a field trial unless he has received a permit under this section. Applicants for a permit to conduct a field trial must make application to the director upon a form furnished by the department for that purpose. The application must be signed and sworn to by the applicant, stating the applicant's name and address, the name and address of any national affiliate, the place for the field trial clearly defined, the date or dates of the proposed field trial, whether live birds are to be used, and any other information required by the director to determine the advisability of granting permission for the proposed field trial. The application must state that if a permit is granted, the applicant will carefully flush all wild game birds from fields used for the field trial each day before the field trial begins and will not permit dogs to run free in fields that have not been carefully flushed. The application must be presented to the director not less than 20 days prior to the date proposed for the field trial.
     (3) The director may refuse any application that he determines is not in the best interests of the protection, preservation, propagation, and conservation of game birds in this state. Any denial by the director of such application must state the reasons therefor and must be mailed to the applicant within 10 days of receipt of the application.
     (4) No applicant receiving a permit to conduct a field trial may violate or authorize violation of any of the terms of the permit.
     (5) All live game birds used in a field trial must be tagged before being planted or released and may be planted or released only in the presence of a representative of the department. If an untagged bird is shot during any field trial, the person to whom the permit was issued must immediately replace it with a live bird.
     (6) (a) Dogs may be trained in open fields at any time without permission of the director only if:
     (i) no live game birds are killed or captured during training; and
     (ii) the training is more than 1 mile from any bird nesting or management area or game preserve.
     (b) A person may train dogs with a method that will kill birds acquired from a game bird farm only after receiving a written permit from the department and only in compliance with the terms of the permit.

     History: En. Sec. 34, Ch. 570, L. 1983.

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