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(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.

History: 87-2-807, MCA; IMP, 87-2-807, MCA; NEW, 1986 MAR p. 116, Eff. 1/31/86; AMD, 1996 MAR p. 1839, Eff. 7/4/96.

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