(1) To assist landowners who qualify for game damage assistance under the provisions of 87-1-225 , MCA, the department, through the regional supervisor or designated staff, has the discretion to issue supplemental game damage licenses for antlerless animals to hunters for game management purposes or as an alternative to a kill permit being issued to a landowner. Criteria used to determine when to issue a supplemental game damage license may include, but are not limited to, the following:

(a) the number of animals to be killed does not exceed 12;

(b) the animals causing the damage are present on the property during legal hunting hours;

(c) the circumstances make a game damage hunt under ARM 12.9.801 impractical;

(d) hunting is likely to be an effective way to remove animals causing damage;

(e) damage to be addressed occurs between August 15 and February 15, in accordance with ARM 12.9.801(1) ;

(f) each hunter will have sufficient opportunity to utilize licenses; and

(g) proposed harvest is consistent with regional wildlife management objectives.

(2) The department will specify the number of licenses to be issued, the species to be hunted, the time period in which the license may be lawfully used, and the property where the licenses may be used. The time period for which a supplemental game damage license is issued may be extended by the department. If continued damage requires harvest of additional animals, the department may issue additional supplemental game damage licenses upon approval by the regional supervisor.

(3) When the department authorizes the use of a supplemental game damage license, the landowner experiencing the game damage, subject to the provisions of 87-2-520 , MCA, may designate some or all of the resident hunters to receive the supplemental game damage licenses by mailing or delivering in person a list of names with associated mailing addresses and phone numbers on a signed form provided by the department, to the department regional office, local biologist, or local game warden in the region where the game damage is occurring.

(4) When the department must designate resident or nonresident supplemental game damage license recipients, selection will be made using procedures defined in ARM 12.9.801(1) (b) (ii) through (iv) .

(5) In order to receive an elk supplemental game damage license, a hunter must surrender to the department any unused valid elk license and special elk permit, if applicable, prior to the supplemental elk game damage license being issued.

(a) If the hunter surrenders to the department an unused valid elk license, there will be no charge for the elk supplemental game damage license and no refund will be issued for the surrendered license and permit. If the hunter has not purchased an elk license, the price will be the regular license price or an adjusted price set by the commission; and

(b) The department may only issue an elk supplemental game damage license to a nonresident who holds and surrenders a valid, unused B-10 elk license and special elk permit, if applicable. The department will not charge for the elk supplemental game damage license and no refund will be issued for the surrendered license and permit.

(6) Hunters hunting with supplemental game damage licenses are subject to Montana hunting laws and regulations.

(7) Regional supervisor will notify the commissioner in whose district damage is occurring whenever supplemental game damage licenses are authorized for issuance.