(1) A management season may be implemented on lands eligible for assistance. A management season is a proactive measure to prevent or reduce potential damage caused by large concentrations of game animals resulting from seasonal migrations, extreme weather conditions, restrictive public hunting access on adjacent or nearby properties, or other factors. The department shall make determinations of eligibility based on the criteria set out in this rule. To qualify for a management season, a landowner must allow public hunting or not significantly reduce public hunting through imposed restrictions during established hunting seasons, including the general big game season. For eligibility, public hunting must be allowed at levels and in ways sufficient to effectively aid in management of area game populations. Restrictions that may significantly restrict public hunting include:

(a) species or sex of animals hunters are allowed to hunt;

(b) portion of land open to hunting;

(c) time period land is open to hunting;

(d) fees charged; and

(e) other restrictions that render harvestable animals inaccessible.

(2) Upon receiving conditional approval from the director to proceed with a management season proposal, the regional supervisor must obtain the approval of the commissioner in whose district the management season is proposed prior to implementing the season. If the commissioner is not available, then approval will be requested from the chairman of the commission, or in his/her absence, any other commissioner.

(3) Management seasons may be implemented under the following conditions:

(a) hunting occurs during the time period August 15 through February 15;

(b) the season will provide for dispersal and limited harvest of animals;

(c) hunting may include opportunities for specified numbers of hunters to harvest either-sex and antlerless game animals;

(d) size of affected area and number of animals exceeds that which can be more appropriately addressed through game damage measures outlined in ARM 12.9.802;

(e) hunting will occur only on lands eligible for assistance under (1) and approved legally-accessible state or federal land; and

(f) any weapons restrictions and area closures that apply during general hunting seasons to areas included in management seasons will also apply to hunting conducted during management seasons in those same areas.

(4) Hunters eligible to hunt during a management season will be selected from the game damage hunt roster under procedures outlined in ARM 12.9.804A. If sufficient numbers of hunters cannot be identified through use of the game damage hunt roster, the department may use other established means of hunter selection, including first-come, first-served advertised opportunities and unsuccessful special permit applicant lists.