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12.3.110    DEFINITIONS

For purposes of these annual regulations:

(1) "Hunting season" means any season set to accomplish one or all of the following:

(a) to provide sport hunting (general season);

(b) to harvest numbers of a species to manage the population according to available habitat (management season);

(c) to fulfill responsibilities for game damage control (damage season).

(2) "License" means the document issued to an individual upon payment of the proper fee and in compliance with other requirements of law and rule from the department or its authorized license agent. A license constitutes the grant of authority by the state of Montana to hunt the species of game animal under the conditions set forth in annual rules adopted by the commission.

(3) "Permit" means the document issued to an individual which, upon payment of the proper fee and in compliance with requirements of the department, constitutes permission to that individual to hunt the listed game animal species under the conditions set forth thereon. A permit may be used only in conjunction with the proper license.

(4) "Drawing" means the random selection of licenses or permits when applications received exceed the quota set by the commission for a hunting district. The license or permit may include limitations on taking by sex, age, species, time period, or designated area.

(5) "Commission" means the Montana Fish, Wildlife, and Parks Commission.

(6) "Contiguous land" means land that is owned in fee title by the applicant and that is not interrupted by land owned by another person. Land that is owned by the applicant that is interrupted by adjacent federal or state land may on an individual basis be considered as contiguous land if the individual leases the federal or state land.

(7) "Game damage" means damage by game animals to private property - (most often stored livestock feed such as hay stacks or silage or standing cultivated crops such as grain, alfalfa hay or alfalfa seed) - which is of a magnitude deemed "unreasonable", constituting a problem for landowners.

(8) "Land that is used by elk" means land that elk inhabit.

(9) "Landowner preference" means a drawing that is conducted before the general drawings in which the landowners are randomly drawn for a portion of the quota as set by the commission.

(10) "Landowner sponsor" means a landowner who meets the qualifications of section 87-2-511 , MCA and these rules for licenses.

(11) "Employees" mean individuals who are paid by a landowner for services rendered and have state, federal, or FICA taxes withheld from their pay.

(12) "Immediate family members" mean individuals who are related to the landowner by blood or marriage.

(13) "Quota" means a set number of animals to be harvested, or licenses to be issued, within a specified land area (hunting district, administrative region or state).

(14) "Tentative regulations" means "proposed" regulations which are distributed for public review and comment in draft form. In March, following publication, the Montana Fish, Wildlife, and Parks Commission may amend "tentative regulations" prior to adopting them as "final regulations".

(15) "Class of licenses" means B-10 is a nonresident combination license, B7 is nonresident deer, etc.

(16) "Prerequisite" means a license that must be purchased by a sportsman in order to purchase another license.

History: 87-1-301, MCA; IMP, 87-1-301, MCA; NEW, 1991 MAR p. 815, Eff. 5/31/91.

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