BEFORE THE DEPARTMENT OF FISH, WILDLIFE AND PARKS

OF THE STATE OF MONTANA

To: All Concerned Persons

            1. On June 7, 2007, the Department of Fish, Wildlife and Parks (department) published MAR Notice No. 12-327 regarding the proposed adoption, amendment, and transfer of the above-stated rules at page 743 of the 2007 Montana Administrative Register, Issue No. 11.

            2. The department has adopted New Rules II (ARM 12.6.215), III (ARM 12.6.220), V (ARM 12.6.230), and VI (ARM 12.6.1610) as proposed.

            3. The department has adopted New Rules I (ARM 12.6.206) and IV (ARM 12.6.225) with the following changes, stricken matter interlined and new matter underlined:

NEW RULE I (ARM 12.6.206) DEFINITIONS The following definitions apply to this subchapter:

(1) "Captive-reared birds" means live, upland game birds reared in captivity and purchased from a game bird farm.

(2) "Department" means the Department of Fish, Wildlife and Parks.

(3) "Dog training" means the informal handling, exercising, teaching, instructing, and disciplining of dogs in the skills and techniques of hunting and retrieving game birds characterized by absence of fees, judging, or awards, or any fees related to the shooting of captive-reared birds.

(4) "Permit" means a permit to use or possess live, captive-reared upland game birds.

AUTH: 87-4-913, MCA

IMP: 87-4-915, MCA

NEW RULE IV (ARM 12.6.225) PERMIT TO RELEASE RING-NECKED PHEASANTS FOR NONCOMMERCIAL PURPOSES

(1) through (3) remain as proposed.

(4) A permittee may release ring-necked pheasants only between March 1 and August 31 September 15.

(5) remains as proposed.

AUTH: 87-4-913, MCA

IMP: 87-4-501, 87-4-902, 87-4-915, MCA

4. The department has amended ARM 12.6.1601 and 12.6.1603 as proposed.

5. The department has amended ARM 12.6.1602 with the following changes, stricken matter interlined and new matter underlined:

12.6.1602 PURCHASE AND SALE OF GAME BIRDS (1) No person may purchase live game birds from within the state except from the holder of a current game bird farm license. Licensees may sell live game birds within the state only if the prospective purchaser is legally entitled to possess live game birds as evidenced by any of the following:

(a) a permit to possess live game captive-reared birds for noncommercial use;

(b) through (f) remain as proposed.

(g) a permit to conduct a field trial; or

(h) a game bird farm license.; or

(i) an active Upland Game Bird Enhancement Program contract between the purchaser and the department for releasing ring-necked pheasants.

(2) remains the same.

AUTH: 87-4-913, MCA

IMP: 87-4-902, 87-4-915, MCA

6. The department has transferred ARM 12.6.1606 as follows:

OLD                              NEW

12.6.1606                   12.6.210                         FIELD TRIAL PERMITS

7. The department received four comments. A summary of the comments appears below with the department's responses:

COMMENT 1: The department's Wildlife Division requested that the final date for the release of captive-reared ring-necked pheasants stated in New Rule IV (ARM 12.6.225) be extended to September 15. The September 15 date coincides with the date that captive-reared ring-necked pheasants may be released under the Upland Gamebird Release Program sponsored by the department.

RESPONSE: The department has changed the final release date in New Rule IV (ARM 12.6.225) to September 15 as recommended. This extension will reduce confusion concerning release of ring-necked pheasants by making ending dates the same.

COMMENT 2: The department's Wildlife Division requested that the language of ARM 12.6.1602 be changed to allow for individuals possessing an active Upland Game Bird Enhancement Program contract between the purchaser and the department for releasing ring-necked pheasants.

RESPONSE: The department added language to the rule to allow for this circumstance. Individuals participating in the Upland Game Bird Enhancement Program were overlooked in the original rule revision. That category was also added to the listing in ARM 12.6.1602. Subsection (1)(a) was revised to be consistent with the definition provided in New Rule I (ARM 12.6.206).

COMMENT 3: The definition of dog training in New Rule I (ARM 12.6.206) used the word "informal" in the description of dog training and also stated that dog training is characterized by the absence of fees, judging, or awards. The definition could be interpreted to eliminate competitive or professional dog trainers from obtaining dog training permits.

RESPONSE: The definition of dog training was not intended to eliminate the professional or competitive dog trainers from obtaining dog training permits. The definition was intended to eliminate the charging of fees for the act of shooting captive-reared upland game birds since that activity is authorized only for shooting preserves licensed by the department. The department has reworded the definition of dog training in New Rule I (ARM 12.6.206).

COMMENT 4: One individual objected to the requirement that a streamer of surveyor tape be attached to the leg of captive-reared birds used in dog training as required in New Rule III (ARM 12.6.220). This person expressed that the tape would cause greater bird loss, take up time in training and trials, stress or injure the birds, or telegraph where each bird is in field trials.

RESPONSE: The requirement to tag all game birds used in a field trial is contained under 87-4-915, MCA, and must be adhered to in the administrative rules. In addition, the requirement is intended to protect any wild birds that may be in the training or field trial area since an untagged bird getting up in front of a dog would be easily recognizable due to the lack of a fluorescent streamer and would not be shot.

Certified to the Secretary of State July 16, 2007.