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(1) Exterior fence must be designed, constructed and maintained in a game proof condition at all times.

(2) The department may require measures beyond the minimum requirements in ARM 12.6.1531 and 12.6.1532 in order to provide for a game proof fence. The additional measures must address site-specific conditions identified in the licensing review, which render the minimum requirements inadequate to provide a game proof fence.

(3) If the department receives any information, e.g., by inspection, or by review of the licensee's reports, that indicates that the fence has not been designed, constructed or maintained in a game proof condition, and notwithstanding the licensee's compliance with the applicable minimum standards and license stipulations, the department may modify the license to require the licensee to implement further measures to ensure that the fence is game proof. The modifications must be implemented in accordance with the procedures in 87-4-427 (3)(c), MCA.

(4) The licensee shall maintain a clearance of vegetation and debris along the inside of the exterior fence sufficient for the department to conduct inspections of the fence.

History: 87-4-422, MCA; IMP, 87-4-426, MCA; NEW, 1999 MAR p. 79, Eff. 1/15/99.

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