(1) On a case-by-case basis, the department may authorize only the following lethal control of problem wolves:

(a) agency control by the department, USDA Wildlife Services, or the Department of Livestock pursuant to an interagency cooperative agreement and as part of a coordinated agency response;

(b) control by a livestock owner, immediate family members, or employees with a permit issued by the department under the conditions authorized and specified on the permit; and

(c) control to protect human safety.

(2) The department may authorize lethal control of a problem wolf, after considering the number of breeding pairs within the state and other factors in these rules.

(3) Before considering lethal control of a problem wolf for livestock conflict, the department or USDA Wildlife Services shall conduct the following investigation:

(a) the department or USDA Wildlife Services will conduct a field investigation to determine if the death of the livestock was due to natural causes or a predator; and

(b) if a predator killed the livestock, the department or USDA Wildlife Services will examine the evidence at the scene to determine if a wolf was responsible.

(4) If the department or USDA Wildlife Services confirms that a wolf killed the livestock, the department will consider input from USDA Wildlife Services and the livestock owner and decide the best course of action. The department may authorize incremental lethal control for problem wolves for up to 45 days from the date of confirmation by USDA Wildlife Services, assessing each conflict on a case-by-case basis and after considering the following factors:

(a) pack size and pack history of conflict;

(b) livestock operation;

(c) age and class of livestock killed;

(d) location of conflict;

(e) potential for future conflict;

(f) status and distribution of prey;

(g) season;

(h) number of breeding pair within the state;

(i) effectiveness and prior use of nonlethal control; and

(j) verification that wolves are not intentionally baited or drawn to the area, wolves are routinely present, and that nonlethal tools are unlikely to prevent further incidents of injured or dead livestock.

(5) The department has the discretion to lethally remove a gray wolf if the department determines that the wolf is bold, food conditioned, habituated to humans or livestock, demonstrates abnormal behavior patterns or physical characteristics indicative of a wolf-dog hybrid or of captive origin, or if it poses an immediate or ongoing threat to human safety.   

(6) Pursuant to 87-5-109, MCA, the director of the department may permit killing, possessing, transporting, or exporting of a wolf for scientific, zoological, or educational purposes.

(7) The department may kill or remove a sick, injured, or diseased wolf.

(8) To further conservation of the species, the department may capture and translocate a wolf or use other human assisted techniques.

(9) The department may authorize a livestock owner, immediate family members, or employees by a permit to take a problem wolf under the following circumstances and conditions as part of a coordinated agency response to confirmed livestock damage due to wolves:

(a) when the department or USDA Wildlife Services confirms that a wolf killed the livestock; and when the department or USDA Wildlife Services confirms wolves are routinely present on the property or allotment and present a significant ongoing risk to livestock;

(b) the department has authorized USDA Wildlife Services to implement lethal control to resolve conflict;

(c) the department determines that the wolf was not purposefully or intentionally fed or baited to a site;

(d) the permit may last for a maximum of 45 days from the date the department or USDA Wildlife Services confirms the wolf caused damage;

(e) the permit expires when the total desired number of wolves are removed by the combined action of the department, USDA Wildlife Services, and individuals named on the permit, or at the end of the 45 days, whichever is first;

(f) within 24 hours, a person must report to the department killing or injuring a wolf under a permit;

(g) to preserve the physical evidence, the permittee shall leave the carcass of any wolf killed where it lay, and shall not disturb the area surrounding the carcass; and

(h) surrender the carcass to the department.

(10) The permit must specify:

(a) its duration and expiration date;

(b) total number of wolves that may be lawfully killed through the combined actions of the individuals named on the permit and the department or USDA Wildlife Services;

(c) the geographic area where the permit is valid; and

(d) that wolves may be killed from the ground and in a manner that does not entail the use of intentional live or dead baits, scents, or attractants or deliberate use of traps or snares, or poisons; or use of radio telemetry equipment.  

(11) As allowed by 87-3-130, MCA, a person may kill a wolf that is attacking, killing, or threatening to kill a person or livestock, or that is in the act of attacking or killing a domestic dog. A person may not intentionally bait a wolf with domestic dogs or livestock for the purpose of killing the wolf.

(a) This person shall notify the department within 72 hours, preserve the scene, leave the carcass where it was killed until the department investigates the scene, and surrender the carcass to the department. USDA Wildlife Services will investigate and determine the cause of any injured or dead livestock.

(12) This rule will be applied on the date the gray wolf in Montana is no longer subject to federal jurisdiction under the Endangered Species Act, 16 U.S.C. 1531, et seq., and the department and commission have sole jurisdiction over the management of the gray wolf in Montana.