Each radio telemetry frequency used by the department for a telemetry study of game is confidential. Neither the commissioner nor any other department employee will release a frequency except:

1. (1) to a government agency doing a wildlife study approved by the commissioner; or
2. (2) to another state agency if the commissioner finds that the agency has a legitimate need to know the frequency.

(Eff. 8/2/86, Register 99; am 8/20/89, Register 111)