Administrative Rules of Montana Department 12 - FISH, WILDLIFE, AND PARKS
Background
The Montana Fish, Wildlife, and Parks (FWP) Department manages:
Hunting, fishing, and trapping regulations
Conservation of wildlife and fish populations
Park management and public recreation
Licensing and permits for hunting, fishing, and wildlife activities
Enforcement of wildlife laws and administrative penalties
Administrative Rules codify procedures, permit requirements, and penalties for violations to ensure sustainable use of natural resources.
Case 1: Hunting Without a License
Issue
Individual hunted deer without obtaining the required Montana hunting license.
Facts
Game warden observed individual in the field with harvested deer.
No valid hunting license or permit was presented.
Rules Applied
ARM 12.6.101 – License Requirements: All hunters must hold a valid license for the game species.
ARM 12.6.105 – Compliance Verification: Enforcement officers may inspect licenses in the field.
Board’s Analysis
Hunting without a license undermines wildlife management funding.
Licenses are mandatory to ensure regulated take and sustainable populations.
Outcome
Individual fined for unlicensed hunting
Required to surrender harvested game
License suspension imposed for one hunting season
Key Lesson
Hunting without a license is illegal and carries fines, forfeiture of game, and possible license suspension.
Case 2: Exceeding Bag Limits
Issue
A hunter exceeded the daily bag limit for trout in a Montana river.
Facts
Angler caught more fish than permitted by daily limit regulations.
Violation discovered during routine patrol and inspection.
Rules Applied
ARM 12.7.301 – Fishing Limits: Specifies daily and possession limits for fish species.
ARM 12.7.305 – Enforcement and Penalties: Provides fines for exceeding bag limits.
Board’s Analysis
Bag limits maintain sustainable fish populations.
Overharvesting can disrupt ecological balance and affect other anglers.
Outcome
Angler fined and required to return excess fish to water where possible
Warning added to record for repeat violations
Key Lesson
Exceeding bag limits is a violation of conservation rules and can result in fines and warnings.
Case 3: Illegal Use of Wildlife Tags
Issue
Hunter used a deer tag issued to another person.
Facts
Tags are issued for individual hunters only and are non-transferable.
Inspection revealed tag did not match the hunter’s personal information.
Rules Applied
ARM 12.6.115 – Tagging Requirements: Tags must be properly assigned and attached.
ARM 12.6.120 – Non-transferability: Prohibits use of someone else’s tag.
Board’s Analysis
Tag misuse allows taking wildlife without proper authorization.
Violates both licensing and tagging regulations.
Outcome
Deer confiscated
Fines imposed on both the hunter and tag holder
Hunter banned from applying for tags for one year
Key Lesson
Wildlife tags are personal and non-transferable; misuse is strictly penalized.
Case 4: Trespassing on Private Land While Hunting
Issue
Hunter entered private property without permission while hunting.
Facts
Landowner reported trespass during hunting season.
Hunter did not have written permission or easement.
Rules Applied
ARM 12.6.205 – Hunting Access: Hunters must obtain permission before entering private land.
ARM 12.6.210 – Trespass Enforcement: Provides fines and legal remedies for violations.
Board’s Analysis
Trespass threatens landowner rights and can lead to conflict.
Hunting regulations emphasize respecting property boundaries.
Outcome
Hunter fined for trespass
Required to attend hunter safety and ethics course
Repeat offenses could lead to revocation of hunting privileges
Key Lesson
Respect for private property is required; trespass violations carry fines and education requirements.
Case 5: Using Illegal Hunting Methods
Issue
Individual used an electric call and bait to attract elk, which is prohibited.
Facts
Wildlife officer observed use of artificial feeding and electronic devices.
Violation documented with photos and statements.
Rules Applied
ARM 12.6.305 – Prohibited Methods: Specifies illegal hunting methods including baiting and electronic calls.
ARM 12.6.310 – Penalties: Enforcement and fines for method violations.
Board’s Analysis
Illegal methods give unfair advantage and disrupt fair-chase principles.
Protects wildlife populations and maintains ethical hunting standards.
Outcome
Hunter fined and hunting privileges suspended for season
Confiscation of equipment used for illegal hunting
Mandatory ethics course required
Key Lesson
Use of illegal hunting methods violates ethical and legal standards and results in fines and suspension.
Case 6: Fishing Without Proper License in Protected Waters
Issue
Angler fished in a designated catch-and-release river without a valid permit.
Facts
Protected waters require special permits to preserve fish populations.
Angler had standard license but not the required special permit.
Rules Applied
ARM 12.7.401 – Special Water Designations: Requires specific permits for certain rivers and lakes.
ARM 12.7.405 – Enforcement: Authority to issue fines and remove fish caught illegally.
Board’s Analysis
Special permits regulate sensitive ecosystems and protect fish from overharvesting.
Anglers are responsible for understanding local regulations.
Outcome
Angler fined and fish returned to water
Permit required before further fishing in protected waters
Record added to enforcement database for compliance tracking
Key Lesson
Special permits are required for protected waters; failure to obtain permits carries fines and mandatory compliance actions.
Case 7: Wildlife Harassment Violation
Issue
Individual approached nesting bald eagles too closely, disturbing the birds.
Facts
Disturbance occurred within a restricted zone around the nest.
FWP officer documented violation with photos and witness statements.
Rules Applied
ARM 12.8.201 – Protected Species Regulations: Specifies buffer zones and harassment prohibitions.
ARM 12.8.205 – Penalties: Enforcement for disturbance of protected species.
Board’s Analysis
Harassment can disrupt breeding and survival of protected species.
Regulations ensure ecological preservation and species recovery.
Outcome
Individual fined and restricted from entering wildlife areas for a period
Education on protected species requirements required
Repeat violations could lead to prosecution under state wildlife laws
Key Lesson
Harassment of protected wildlife is strictly prohibited; penalties include fines and restricted access.
Overall Themes from Montana FWP Cases
Licensing and permits are mandatory: Hunting and fishing without proper authorization is illegal.
Bag and possession limits protect populations: Exceeding limits carries penalties.
Ethical hunting methods are enforced: Illegal methods result in fines and suspensions.
Private property and protected areas must be respected: Trespass and permit violations have legal consequences.
Wildlife protection rules are strict: Harassment of protected species carries severe penalties.
Education and ethics: Many violations require mandatory courses to improve compliance awareness.
RELATED Blog
comments