Montana Code Annotated 2021



Part 2. Department of Fish, Wildlife, and Parks


87-1-249. Rules. (1) The department shall adopt rules for the administration of the upland game bird enhancement program created in 87-1-246 through 87-1-249.

(2) The rules must:

(a) provide for eligibility criteria for project applications, including project evaluation criteria that incorporate the following factors:

(i) proposed project acreage of suitable size;

(ii) proposed project acreage and adjoining lands that are suitable for upland game bird habitat;

(iii) evidence that existing and potential species will benefit from the project;

(iv) the number of acres that will be open to and suitable for public bird hunting under the proposal; and

(v) in addition to the criteria in subsections (2)(a)(i) through (2)(a)(iv), preference to proposed projects with:

(A) longer contract length and larger landowner cost share;

(B) lands with special or unique components, such as wetlands; and

(C) a landowner history of providing hunter access and habitat enhancement;

(b) be consistent with general requirements of the federal conservation reserve program, the agricultural conservation program, and hunting access programs established pursuant to 87-1-265 so that landowners who participate in those programs may also be eligible for participation in the upland game bird enhancement program;

(c) specifically indicate specifications under which upland game birds will be released in project areas, including but not limited to:

(i) habitat requirements;

(ii) number of upland game birds to be released;

(iii) health requirements;

(iv) banding requirements;

(v) time for release;

(vi) age of birds to be released; and

(vii) reimbursement amount for each bird released;

(d) establish application procedures for project funding and review and for approval or denial of applications; and

(e) establish project monitoring and reporting procedures, including a requirement that payments for projects authorized pursuant to 87-1-247 be supported by contracts, invoices, receipts, or other supporting documentation.

History: En. Sec. 4, Ch. 636, L. 1987; amd. Sec. 4, Ch. 232, L. 1989; amd. Sec. 3, Ch. 365, L. 2001; amd. Sec. 2, Ch. 63, L. 2019.