(1) The department shall randomly select hunters from the list of applicants who were unsuccessful in drawing permits valid in a hunting district affected by an approved contractual public elk hunting access agreement, and offer the selected hunters an opportunity to receive a permit issued under 87-2-513 , MCA.

(2) If there were no unsuccessful permit applicants in an affected district, the department shall give public notice of the available permits and distribute them to hunters on a first-come, first-served basis.