1. (1) The elk permit fees established in 87-2-704, MCA, are non-refundable. The department issues elk permits for landowner preference described in 87-2-705, MCA, according to the following policies and procedures:

   1. (a) The statutory requirement of 640 acres of contiguous land is used only to determine if the applicant is eligible to apply as a landowner.
   2. (b) If license/permits are valid in a designated portion of a hunting district, some of the land owned by the applicant must be within the boundaries of that portion.
   3. (c) Both resident and nonresident landowners must use the special drawing application provided by the department. The department shall verify that the applicant owns 640 acres, that it is contiguous land used by elk as determined by the department, and that the designee of the landowner preference is eligible.
   4. (d) Partnerships may delegate landowner preference to members of immediate family, a partner or employee. Only one person may be delegated landowner preference for each sole proprietorship, partnership or corporation. A corporation may delegate the landowner preference to one shareholder.
   5. (e) All applicants entitled to landowner preference will be considered in the preference drawings for elk. Unsuccessful landowner applicants to exceed 15% of a district will be entered into the regular drawings with their district choices.
2. (2) Residents may not apply for an elk permit without first purchasing and A-5 elk license.
3. (3) Nonresidents must purchase the B-10 at the time of submittal of drawing applications.

Authorizing statute(s): 87-2-704, MCA

Implementing statute(s): 87-2-704, 87-2-705, MCA

History: NEW, 1991 MAR p. 815, Eff. 5/31/91; AMD, 2022 MAR p. 280, Eff. 2/26/22; TRANS, from ARM 12.3.113, 2022 MAR p. 325, Eff. 3/12/22; AMD, 2025 MAR, Notice No. 2025-297, Eff. 12/6/25.