(1) An applicant for an avicultural permit must be a Montana resident as defined in section 87-2-102 , MCA and shall apply in writing in accordance with forms prescribed by the department. An application shall be accompanied by a copy of the applicant's current application for a federal waterfowl sale and disposal permit and a $15 fee.
(2) A permit for the taking of live migratory game birds shall be issued only upon approval by the department of a detailed statement describing the reasons why the taking of live birds is requested.
(3) Issuance of avicultural permits shall be based upon:
(a) the number of similar applications;
(b) the demonstrated capability of the applicant to maintain and propagate migratory game birds;
(c) the applicant's facilities; and
(d) the applicant's past compliance with any conditions and restrictions of previous federal permits or avicultural permits and applicable state and federal migratory game bird regulations.