For purposes of this subchapter, the following definitions apply:

1. (1) "Bred in captivity" or "captive-bred" means raptors, including eggs, hatched in captivity from parents that mated or otherwise transferred gametes in captivity.
2. (2) "Commission" means the Fish, Wildlife and Parks Commission provided for in 2-15-3402, MCA.
3. (3) "Department" means the Department of Fish, Wildlife and Parks provided for in 2-15-3401, MCA.
4. (4) "Director" means the director of Fish, Wildlife and Parks provided for in 2-15-3401, MCA.
5. (5) "Falconry" means caring for, training, and transporting raptors for the pursuit of wild game and the hunting of wild game with raptors. Falconry includes the taking of raptors from the wild.
6. (6) "Hacking" means the temporary release of a raptor held for falconry to the wild so that it must survive on its own.
7. (7) "Hybrid" means the offspring of birds listed as two or more distinct species in 50 C.F.R. 10.13 of subchapter B or offspring of birds recognized by ornithological authorities as two or more distinct species listed in 50 C.F.R. 10.13 subchapter B.
8. (8) "Imprint" means a bird that is hand raised in isolation from the sight of other raptors from two weeks of age until it is fully feathered.
9. (9) "Livestock depredation area" means a specific geographic location in which depredation by golden eagles has been recognized. The boundaries and duration of a livestock depredation area are declared by USDA Wildlife Services or by a state governor.

10. (10) "Raptor" means all birds of the order Falconiformes and Strigiformes, commonly called falcons, hawks, eagles, ospreys, and owls. The following raptors shall not be used for falconry:

    1. (a) those raptors listed in 87-5-205, MCA; and
    2. (b) those raptors listed in 50 C.F.R. part 17 as endangered or threatened.
11. (11) "Service" means the Fish and Wildlife Service, U.S. Department of Interior.
12. (12) "Sponsor" means a master or general falconer with a valid permit who is at least 18 years old and has at least two years experience at the general falconer level.
13. (13) "Warden" means a Montana fish, wildlife and parks game warden.

Authorizing statute(s): 87-1-201, 87-5-204, MCA

Implementing statute(s): 87-5-204, 87-5-205, MCA

History: Eff. 12/31/72; AMD, 1977 MAR p. 535, Eff. 9/24/77; AMD, 1992 MAR p. 2381, Eff. 10/30/92; AMD, 2009 MAR p. 1470, Eff. 8/28/09.