(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 10 weeks of age at the time of release;

(b) a minimum of 40% of the birds in a release under this program must be cocks;

(c) all birds must be fully feathered;

(d) applications for releases must be postmarked prior to May 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 and acknowledging the requirement of allowing free public hunting and to whom payment should be made;

(f) releases may not be made in Fergus, Richland or Roosevelt counties in order to provide a 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 habitat must be available that consists of at least 10% permanent winter cover as described in ARM 12.9.615(2) , 25% idle cover such as undisturbed residual vegetation 10 or more inches high and 10% food sources, such as cultivated grain, to be considered for authorization;

(i) conservation reserve grass-legume planting may be considered as idle cover provided the planting has not been mowed or grazed by livestock in the preceding 12 month period.

(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) if the number of applicants, private or commercial, applying to release pheasants cannot be accommodated by program funding, distribution of funds will take place in the following manner:

(i) if funding is insufficient to allow each applicant to release up to 200 pheasants, the department will conduct a random drawing to determine who will receive release permits;

(ii) if funding will allow each individual applicant, private or commercial, to release up to 200 pheasants, the department shall issue a permit to each applicant;

(iii) if there is sufficient funding for each applicant, applicants, by submitting a second application, will be allowed to release up to 200 additional pheasants. This same process will be followed until funding will no longer cover remaining applicants. At that time, the department will conduct a random drawing for the remaining releases.

(m) sites will be inspected by department personnel to determine the number of birds that may be released. This number will be determined by:

(i) the required habitat component (winter cover, idle cover, food sources) that occupies the fewest acres within one mile of the site release; 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 and there is a 60% mortality rate of released birds;

(n) banding of birds will be required in specified study areas and will be done by the department prior to release;

(o) all releases must be verified at the time of release by a department employee who will submit the verification form signed by the landowner for payment to the landowner or their designee;

(p) sites may be stocked for a period of five consecutive years. If a viable population is not established during that period, the department will no longer consider the site as being capable of supporting populations and will not fund any additional releases unless habitat changes are made that would make the site more suitable for the establishment of a viable population;

(q) in the case of extreme weather conditions, the department will evaluate the area pursuant to ARM 12.9.615 to determine if the department will authorize the continued stocking of sites currently being used for an additional five years.

(2) For good cause shown, the department may waive any requirement listed in (1) .