1. (1) The department may authorize participation in the upland game bird release program projects for turkeys if the proposed project meets the following requirements:

   1. (a) all releases made will be of wild/free ranging stock that have been trapped in Montana or have been moved into Montana under the direction of the department;
   2. (b) all releases outside of Flathead County will be Merriam's turkey only;
   3. (c) eastern turkeys may be moved only within Flathead County;

   4. (d) no new releases will take place until:

      1. (i) an environmental assessment evaluating the release and the release site has been completed and approved by the commission; and
      2. (ii) the department has secured agreements from adjacent landowners that would be affected by expanded populations indicating consent for the transplant and free public hunting for the species; and

   5. (e) supplemental releases will require an evaluation by the department that will include but not be limited to:

      1. (i) a history of previous releases;
      2. (ii) justification for supplementing the existing population;
      3. (iii) a legal description of the release site;
      4. (iv) a legal description of the area that will be closed to public hunting until the population has become established (two-year minimum) ; and
      5. (v) agreements from adjacent landowners that would be affected by expanded populations indicating consent for the transplant and free public hunting for the species.

Authorizing statute(s): 87-1-249, MCA

Implementing statute(s): 87-1-248, MCA

History: NEW, 2001 MAR p. 1725, Eff. 9/7/01.