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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 landsIndicate on application form.
Prior noticeCheck
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.
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