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State permit policies & procedures

Back to US State index

Montana

Website

    Montana Fish, Wildlife, and Parks
    http://fwp.mt.gov/default.html

    Permits
    http://fwp.mt.gov/fishAndWildlife/licenses/wildlifeCollector.html    

Contact

    Lauri Hanauska-Brown
    Montana Nongame / T & E Program Bureau Chief
    PO Box 200701
    Helena, MT  59620
    Phone: (406) 444-5209
    Fax: (406) 444-4952
    E-mail: LHanauska-Brown_AT_mt.gov

Is a permit required for banding?

Yes. Stated expressly in the regulation:

12.9.301    WILD BIRD PERMITS

(1) The director of fish, wildlife, and parks may issue a certificate or permit for the taking, capturing, and possession of birds protected under 87-5-201 , MCA, for the purposes herein specified, as follows:

(a) bird banding as part of scientific investigations;

Permit application forms

  • Renewal - same form
  • Threatened and Endangered - same form
  • Salvage - same form. Indicate that you plan to salvage

State lands

Indicate on application form.

Prior notice

Check permit conditions. Even if not expressly required to do so, you should always contact the manager of that particular state land unit or with the owner of private land before your arrival. You want to be aware of the hunting seasons, and, of course want to be sure that your activities will not interfere with the activities of that park, wildlife management area, or other state land unit, and that your activities will not adversely affect public use of the land or with the activities of private landowners.

Policies

Montana Code Annotated

     87-2-806. Taking fish or game for scientific purposes. (1) An accredited representative of an accredited school, college, university, or other institution of learning or of any governmental agency or an individual who is investigating a scientific subject for which collection is necessary, may take, kill, capture, and possess for that purpose any birds, fish, or animals protected by Montana law or department or commission rule if a permit to collect is authorized by the department. Under the provisions of this section, a permittee may take, kill, and capture protected or unprotected birds, fish, or animals in any way that is approved by the department, except by the use of explosives. A permittee may not take, kill, or capture more birds, fish, or animals than are necessary for the investigation. A collection permit may not be given for a species for which a taking is prohibited by statute or rule.
     (2) A person who desires to engage in the scientific investigation shall apply to the department for a permit. The department may require the applicant to submit a plan of operations that includes the purpose for the collection, collection methodology to be employed, and the qualifications of the person who will be doing the collecting. The department may set qualifications for persons to whom permits are issued and may place special authorizations or special requirements and limitations on any permit. If the department is satisfied of the good faith and qualifications of the applicant and that the collecting is necessary for a valid purpose, the department:
     (a) may issue a permit that must place a time limit on the collections and may place a restriction on the number of birds, fish, or animals to be taken; and
     (b) shall require a report of the numbers and species of animals taken by collection areas.
     (3) The department may deny a permit if:
     (a) the applicant is not qualified to make the scientific investigation;
     (b) the proposed collecting is not necessary for the proposed scientific investigation;
     (c) the method of collecting is not appropriate;
     (d) the proposed collecting may threaten the viability of the species; or
     (e) there is no valid reason or need for the proposed scientific investigation.
     (4) By December 31 of each year, a permittee shall submit a report to the department that lists the species and numbers of individuals of the species taken and locations from which collections were taken. A permittee who fails to file a required report may not be issued another permit.
     (5) The permittee shall pay $50 for the permit, except that a permittee who is a representative of an accredited school, college, university, or other institution of learning or of any governmental agency is exempt from payment of the fee.
     (6) The permittee may not take, have, or capture any other or greater number of birds, fish, or animals than are allowed in the permit.
     (7) A representative of an accredited school, college, university, or other institution of learning or an individual permittee who may have various students or associates assisting throughout the year may apply to have a permit issued that includes the individual and the students or associates. The department shall approve the qualifications of a student or an associate and the level of supervision required by the primary permittee. The students or associates, when carrying a copy of the permit, have the same authorizations and restrictions as the primary applicant. The primary applicant shall keep a record of all students or associates listed on the permit and of the dates when each student or associate conducts a collection under the permit. The primary applicant is responsible for the students' or associates' use of the permit or copies of the permit.


     87-5-201. Protection of wild birds and their nests and eggs. (1) It is unlawful for a person to hunt, capture, kill, possess, purchase, offer or expose for sale, ship, or transport any wild bird, other than a game bird, or any part of the plumage, skin, or body of the bird, irrespective of whether the bird was captured or killed within the state, or to take or destroy the nest or eggs of a wild bird, except under a certificate, falconer's license, or permit issued by the director.
     (2) This section does not apply to:
     (a) the hunting, trapping, or killing of house sparrows, crows, starlings, rock doves, blackbirds, magpies, and other birds the department designates or to the taking or destruction of their nests and eggs;
     (b) the possession or transportation of parts or plumage of eagles used for religious purposes by a member of an Indian tribe when possessed or transported as permitted by 16 U.S.C. 668a.

Administrative Rules of Montana

Ch. 12 – Fish, Wildlife, and Parks

12.9.301    WILD BIRD PERMITS

(1) The director of fish, wildlife, and parks may issue a certificate or permit for the taking, capturing, and possession of birds protected under 87-5-201 , MCA, for the purposes herein specified, as follows:

(a) bird banding as part of scientific investigations;

(b) salvage of birds killed in accidents for school or museum collections;

(c) collecting abandoned birds nest for school and museum collections;

(d) nursing and treatment of sick and injured birds.

(2) No certificate or permit will be issued for the killing of such birds as a means of collection, except as may be authorized under 87-2-806 , MCA, relating to scientific collector's permits.

(3) No certificate or permit shall allow raptors to pass into private ownership.

(4) The director may set standards for determining if the merits of a project justify a certificate or permit being issued. He may limit the species and numbers of birds to be taken as well as the means used in taking or capturing. He may limit the period of possession. He may set a time limit during which the certificate is valid and may require a report of any or all activities conducted pursuant to the certificate or permit.

(5) No fee will be collected in connection with the issuance of such certificate or permit.

Montana Law does not protect rock doves, magpies, crows, starlings, house sparrows and blackbirds.

No State permit, certificate or license is required to band, kill or possess these birds, or to destroy or possess their nests or eggs. However, federal law protects magpies, crows and blackbirds and must be complied with.