12.6.2201 DEFINITIONS
Rule 12.6.2202 . RESERVED
12.6.2203 REQUIREMENTS FOR CARE AND HOUSING OF EXOTIC WILDLIFE
12.6.2204 SPECIFIC REQUIREMENTS FOR CARE AND HOUSING OF EXOTIC WILDLIFE
12.6.2205 . EXOTIC WILDLIFE: LIST OF NONCONTROLLED SPECIES
Rules 12.6.2206 and 12.6.2207 . RESERVED
12.6.2208 LIST OF CONTROLLED SPECIES
Rule 12.6.2209 . RESERVED
12.6.2210 CONTROLLED SPECIES PERMITS
12.6.2211 . APPLICATION FOR A PERMIT TO POSSESS A CONTROLLED SPECIES
Rules 12.6.2212 to 12.6.2214 . RESERVED
12.6.2215 LIST OF PROHIBITED SPECIES
Rules 12.6.2216 to 12.6.2219 . RESERVED
12.6.2220 . PROHIBITED SPECIES PERMITS
Rules 12.6.2221 to 12.6.2224 . RESERVED
12.6.2225 . DETERMINING EXOTIC WILDLIFE CLASSIFICATION
Rules 12.6.2226 to 12.6.2229 . RESERVED
12.6.2230 . EXOTIC WILDLIFE PERMIT APPEAL PROCESS
The following definitions apply to this Sub-Chapter:
(1) “Condition” or “conditions” means specific requirements a person must abide by to receive or retain a permit.
(2) “Controlled species” means a live, exotic wildlife species, subspecies, or hybrid of that species.
(3) “Department” means the Montana Department of Fish, Wildlife and Parks.
(4) “Exotic wildlife” means a wildlife species that is not native to Montana; foreign or introduced.
(5) “Permit” means written authorization issued by the department to possess, sell, purchase, breed, or exchange a controlled or prohibited species in the state of Montana.
(6) “Person” means any individual, corporation, association, firm, joint venture, partnership, municipality, school district or board, agency or political subdivision of the state or state-law-created special or other district.
(7) “Prohibited species” means a live, exotic wildlife species, subspecies, or hybrid of that species, including viable embryos or gametes, that may not be possessed, sold, purchased, exchanged, or transported in Montana, except as provided in 87-5-709, MCA, or this Sub-Chapter.
(8) “Noncontrolled species” means a live, exotic wildlife species, subspecies, or hybrid of that species that may be possessed, sold, purchased or exchanged in the state without a permit, except as provided in this Sub-Chapter or in Montana statutes or federal statutes. A noncontrolled species may not be released into the wild unless authorized in writing by the department. This definition does not authorize the sale, possession, transportation, importation or exportation of a noncontrolled species in violation of any applicable federal or state statute or regulation or county or city ordinance.
Credits
AUTH: 87-5-704, 87-5-705, 87-5-712, MCA
IMP, 87-5-701, 87-5-703, 87-5-705, 87-5-707, 87-5-708, 87-5-709, 87-5-711, 87-5-712, MCA
History: NEW, 2005 MAR p. 814, Eff. 5/27/05; AMD, 2010 MAR p. 2812, Eff. 12/10/10.
12.6.2203 REQUIREMENTS FOR CARE AND HOUSING OF EXOTIC WILDLIFE
(1) Exotic wildlife held in captivity must be treated in a humane manner and cannot be restrained with a chain, rope, or other holding device except when necessary to provide appropriate care. Facilities for care of captive exotic wildlife must be maintained in a sanitary condition, be large enough to provide room for exercise, be sturdy enough to prevent escape, and provide protection to the public. Food, water, and shelter must be provided in sufficient quantity and quality to maintain the exotic wildlife in a healthy condition.
(2) Specific conditions for the housing of exotic wildlife may be required by the department. Requirements will be consistent with those under 9 CFR, Ch. 1, Part 3 “Standards for Humane Handling, Care, Treatment and Transportation” and consistent with ARM 12.6.1302.
(3) Adequate veterinary care must be provided to identify and minimize the spread of diseases. All exotic wildlife held in captivity must be in compliance with and are subject to the current Compendium of Animal Rabies Prevention and Control.
History: 87-5-702, 87-5-704, 87-5-705, 87-5-712, MCA; IMP, 87-5-705, 87-5-707, 87-5-709, 87-5-711, 87-5-712, MCA; NEW, 2006 MAR p. 2823, Eff. 11/10/06; AMD, 2007 MAR p. 1187, Eff. 8/24/07; AMD, 2010 MAR p. 2812, Eff. 12/10/10.
12.6.2204 SPECIFIC REQUIREMENTS FOR CARE AND HOUSING OF EXOTIC WILDLIFE
(1) These specific requirements apply in addition to the general requirements found in ARM 12.6.2203 and any other specific condition that may be found on the permit.
(2) Coho salmon, onocorhynchus kisutch, and Pacific White Shrimp, Penaeus (Litopenaeus) vannamei, may only be raised for commercial activities.
(a) Coho salmon and Pacific White Shrimp must be raised in a facility that:
(i) holds a corporate surety bond to the state of Montana for $500, conditioned to the effect that the permit holder will not violate the conditions of the permit;
(ii) is indoors and locked with access restricted solely to individuals involved in the operation and maintenance of the facility;
(iii) is not within the 100-year flood;
(iv) is at least 200 feet from any surface water;
(v) does not receive diverted surface water;
(vi) does not have an effluent or discharge of waste or water within 200 feet of surface water including perennial, intermittent, or ephemeral streams or rivers; and
(vii) complies with all other local, state, and federal regulations and permits.
(b) Live fish may not be transferred into or out of the facility.
(c) Live shrimp may not be transferred out of the facility.
(d) Fish health screening must be:
(i) consistent with the requirements of ARM 12.7.503 and 12.7.504;
(ii) done annually; and
(iii) reported to the department within 30 days of receipt of results.
(e) Any significant mortality in the facility that occurs as a result of an infectious disease must be reported to the department within 30 days.
(f) Carcasses must either be disposed in a state regulated landfill or in another manner that would not impact state waters or be accessible to wildlife or other animals that might carry carcasses to water.
(g) Imported shrimp must be certified specific pathogen free.
(3) Goldfish, Carassius auratus, and koi, Cyprinus carpio, may only be held in outdoor ponds registered with the department using a form provided by the department.
(a) Ponds used to hold goldfish and koi:
(i) must not be larger than 400 square feet;
(ii) must not be within the 100-year flood plain;
(iii) must be at least 200 yards from any open water;
(iv) must not receive diverted surface water; and
(v) must not have an effluent or discharge to surface water.
Credits
AUTH: 87-5-702, 87-5-704, 87-5-705, 87-5-712, MCA
IMP, 87-5-705, 87-5-707, 87-5-709, 87-5-711, 87-5-712, MCA
History: NEW, 2010 MAR p. 2812, Eff. 12/10/10; AMD, 2015 MAR p. 1272, Eff. 8/28/15.
12.6.2205. EXOTIC WILDLIFE: LIST OF NONCONTROLLED SPECIES
(1) The following mammals are classified as noncontrolled species:
(a) African pygmy hedgehog - Atelerix albiventris and Atelerix algirus;
(b) Degu (bush-tailed rat) - Octodon degus;
(c) Jungle cat - Felis chaus;
(d) Serval cat - Leptailurus serval;
(e) Sugar gliders - Petaurus breviceps;
(f) Two-toed sloth - Choloepus didoctylus;
(g) Wallaby (Bennets) - Macropus rufogriseus; and
(h) Wallaby (Tammar) - Macropus eugenii.
(2) The following amphibians are classified as noncontrolled species:
(a) Cameroon volcano frog - Xenopus amieti;
(b) Eritrea clawed frog - Xenopus clivii;
(c) Hyperoliidae family; and
(d) Leptodactylidae family.
(3) The following arachnids are classified as noncontrolled species:
(a) Emperor scorpion - Pandinus imperator; and
(b) Tanzanian redclaw scorpion - Pandinus cavimanus.
(4) The following crustaceans are classified as noncontrolled species:
(a) Terrestrial hermit crabs - Coenobita sp.
History: 87-5-704, 87-5-705, 87-5-712, MCA; IMP, 87-5-707, 87-5-708, 87-5-711, 87-5-712, MCA; NEW, 2005 MAR p. 814, Eff. 5/27/05; AMD, 2006 MAR p. 2823, Eff. 11/10/06; AMD, 2007 MAR p. 1187, Eff. 8/24/07; AMD, 2010 MAR p. 741, Eff. 3/26/10.
Rules 12.6.2206 and 12.6.2207. RESERVED
12.6.2208 LIST OF CONTROLLED SPECIES
(1) The following birds are classified as controlled species:
(a) Barbary Falcon - Falco perigrinoides;
(b) Black-Crowned Crane - Balearica pavonina;
(c) Black-necked Crane - Grus nigricollis;
(d) Blue Crane - Anthropoides paradiseus;
(e) Brolga - Grus rubicunda;
(f) Buff-banded Rail - Gallirallus philippensis;
(g) Common Crane - Grus grus;
(h) Demoiselle Crane - Anthropoides virgo;
(i) Giant Wood Rail - Aramides ypecaha;
(j) Grey Crowned Crane - Balearica regulorum;
(k) Hooded Crane - Grus monacha;
(l) Red-crowned Crane - Grus japonensis;
(m) Sarus Crane - Grus antigone;
(n) Siberian Crane - Grus leucogeranus;
(o) Taita Falcon - Falco fasciinucha;
(p) Wattled Crane - Grus carunculata;
(q) White-breasted Waterhen - Amaurornis phoenicurus;
(r) White-naped Crane - Grus vipio; and
(s) exotic waterfowl in the family Anatidae.
(2) The following crustaceans are classified as controlled species:
(a) Pacific White Shrimp - Panaeus (Litopenaeus) vannamei.
(3) The following fish are classified as controlled species:
(a) coho salmon - Onocorhynchus kisutch;
(b) goldfish - Carassius auratus (for use in outdoor ponds); and
(c) koi - Cyprinus carpio (for use in outdoor ponds).
(4) The following mammals are classified as controlled species:
(a) Caracal cat -- Caracal caracal; and
(b) Wallaroo -- Macropus robustus.
Credits
AUTH: 87-5-704, 87-5-705, 87-5-712, MCA
IMP: 87-5-705, 87-5-707, 87-5-709, 87-5-711, 87-5-712, MCA
History: NEW, 2006 MAR p. 2823, Eff. 11/10/06; AMD, 2008 MAR p. 2179, Eff. 10/10/08; AMD, 2010 MAR p. 2812, Eff. 12/10/10; AMD, 2014 MAR p. 1919, Eff. 8/22/14; AMD, 2015 MAR p. 1272, Eff. 8/28/15; AMD, 2023 MAR p. 210, Eff. 3/11/23.
12.6.2210 CONTROLLED SPECIES PERMITS
(1) A permit is required for all controlled species except those identified in ARM 12.6.2208(2)(b) and (c).
(a) The department shall assess a fee of $25 to obtain or renew a permit to possess a controlled species. The permit must be renewed annually. Renewal is contingent upon submission of the annual fee plus submission of any required reporting of current inventory and any changes to inventory during the preceding year; and
(b) the department shall assess a fee of $100 to obtain or renew a permit to sell, breed, or exchange a controlled species. The permit must be renewed annually. Renewal is contingent upon submission of the annual fee plus submission of any required annual reporting of current inventory and any changes to the inventory during the preceding year.
(2) A controlled species permit must require the permittee:
(a) to provide annual reports on forms provided by the department, unless the department has given written authorization for a different format concerning births, deaths, sales, and purchases of any controlled species;
(b) to provide a viable bio-security plan to control the spread of disease and an emergency response plan to protect emergency personnel and the species involved;
(c) to report the escape of any controlled species to the department within 24 hours of the escape and accept responsibility and liability for recapture costs;
(d) to report any injuries to humans inflicted by the controlled species to local public health officials within 24 hours of infliction of the injury;
(e) to report injuries inflicted by the exotic species on domestic animals to the Department of Livestock within 24 hours of infliction of the injury; and
(f) to report injuries inflicted by the exotic species on Montana wildlife to the department within 24 hours of infliction of the injury.
(3) The department may require additional conditions on a permit to protect Montana's native wildlife and plant species, livestock, horticultural, forestry, agricultural production, and human health and safety. Permit conditions may include, but are not limited to, individual identification of animals. A person must comply with all permit conditions in order to receive or retain a permit. The department may suspend or cancel a permit if the permittee violates or fails to comply with a permit condition or is convicted of violating a federal or state law, or county or city ordinance associated with possession of the exotic wildlife species.
(4) The department may amend, suspend, or cancel a permit if necessary to protect native wildlife, livestock, public health, public safety, or the environment.
(5) The department shall document compliance with conditions, either through inspection by representatives of the department or through affidavit by the permittee prior to possession of the exotic wildlife species in Montana.
(6) A person that displays, exhibits, or uses a controlled species for exhibition or commercial photography or television may import the species into Montana without a controlled species permit if the animal:
(a) is accompanied by evidence of lawful possession;
(b) is not in this state for more than 90 days or a time period authorized by the department;
(c) is maintained under complete control and prohibited from coming into contact with members of the general public unless authorized for such contact by the department. If the person is displaying, exhibiting, or using animals for commercial purposes other than food or fiber, he/she must possess the appropriate license issued by the United States Department of Agriculture; and
(d) is accompanied by an official certificate of veterinary inspection as defined in ARM 32.3.206 “Official Health Certificate” and an entry permit number issued by the Montana Department of Livestock within ten days of entry into Montana.
(7) An interstate shipment of a controlled species may be transported through this state, without a permit or license issued by the department, if:
(a) the shipper or transporter has evidence of lawful possession of the species issued by the state or country where the species originated;
(b) mammals, birds, reptiles, and amphibians are accompanied by a certificate of veterinary inspection issued by an accredited veterinarian in the state or country where the species originated that indicates the destination and origin of the species being transported;
(c) fish are accompanied by a health certificate issued in the state or country where the species originated that indicates the destination and origin of the species being transported; and
(d) the species is not unloaded or otherwise released while being transported through this state.
History: 87-5-702, 87-5-704, 87-5-705, 87-5-712, MCA; IMP, 87-5-705, 87-5-707, 87-5-709, 87-5-711, 87-5-712, MCA; NEW, 2005 MAR p. 814, Eff. 5/27/05; AMD, 2006 MAR p. 2823, Eff. 11/10/06; AMD, 2007 MAR p. 1187, Eff. 8/24/07; AMD, 2010 MAR p. 2812, Eff. 12/10/10.
12.6.2211. APPLICATION FOR A PERMIT TO POSSESS A CONTROLLED SPECIES
(1) An applicant may be eligible for a controlled species permit if the applicant:
(a) is at least 18 years of age; and
(b) has not been convicted of any violation of exotic wildlife regulations or any offense involving the illegal commercialization of wildlife within three years of the date of application. Any offense involving cruelty to animals will permanently prohibit a person from obtaining a permit to possess a controlled species animal.
(2) To obtain a controlled species permit a person shall make written application to the department on forms provided by the department. The application must specify:
(a) the applicant's name;
(b) the applicant's date of birth;
(c) the applicant's address;
(d) the controlled species and the approximate number proposed to be kept or reared at the above address;
(e) the type of facilities the applicant intends to use for confinement of the controlled species, including cage specifications; and
(f) the source from which the applicant intends to acquire the controlled species.
(3) In order for an applicant to receive a permit, the applicant shall agree to comply with all permit conditions.
(History: 87-5-704, 87-5-705, 87-5-712, MCA; IMP, 87-5-705, 87-5-707, 87-5-709, 87-5-711, 87-5-712, MCA; NEW, 2006 MAR p. 2823, Eff. 11/10/06.)
Rules 12.6.2212 to 12.6.2214. RESERVED
12.6.2215 LIST OF PROHIBITED SPECIES
(1) The following amphibians are classified as prohibited species:
(a) African clawed frog - Xenopus laevis; and
(b) North American bullfrog - Rana catesbeiana.
(2) The following crustaceans are classified as prohibited species:
(a) Rusty crayfish - Orconectes rusticus.
(3) The following fish are classified as prohibited species:
(a) Bighead carp - Hypophthalmichthys nobilis;
(b) Black carp - Mylopharyngodon piceus;
(c) Eurasian Ruffe - Gymnocephalus cernuus;
(d) Grass carp - Ctenopharyngodon idella;
(e) Round goby - Neogobius melanostomus;
(f) Silver carp - Hypophthalmichthys molitrix;
(g) Snakehead fish - genera Channa and Parachanna (29 species);
(h) Walking catfish - Clarias batrachus;
(i) White perch - Morone Americana; and
(j) Zander (European pikeperch) - Sander lucioperca.
(4) The following mammals are classified as prohibited species:
(a) African Soft Fur Rat/Natal Rat - Mastomys natalensis/Natal miltimammate mouse;
(b) Aotidae Family (Night and Owl Monkeys);
(c) Argali Sheep - Ovis ammon;
(d) Atelidae Family (Howlers and Spider Monkeys);
(e) Brush-tailed possum - Trichosurus vulpecula;
(f) Callitrichidae Family (Marmosets and Tamarins);
(g) Cebidae family (new world primates);
(h) Cercopithecidae family (old world monkeys);
(i) Hyaenidae family (hyenas);
(j) Hylobatidae family (gibbons);
(k) Natal Rat/African Soft Fur Rat - Natal miltimammate mouse/Mastomys natalensis;
(l) Nutria -- Myocastor coypus;
(m) Pitheciidae Family (Titis and Saki Monkeys);
(n) Pongidae family (apes);
(o) Short-tailed opossum - Monodelphis domestica;
(p) Small spotted genet - Genetta genetta;
(q) Southern flying squirrel - Glaucomys volans;
(r) Transcaspian urial sheep - Ovis aries vignei; and
(s) Virginia opossum - Didelphis virginiana.
(5) The following mollusks are classified as prohibited species:
(a) New Zealand mudsnail - Potamopyrgus antipodarum;
(b) Quagga mussel - Dreissena bugensis; and
(c) Zebra mussel - Dreissena polymorpha.
(6) The following reptiles are classified as prohibited:
(a) African rock python - Python sebae;
(b) Alligatoridae family;
(c) Amethystine python - Morelia amethistina;
(d) Boomslang - Dispholidus typus;
(e) Burrowing asps (all species in family Atractaspidae);
(f) Coral snakes (all species in family Elapidae);
(g) Cobras (all species in family Elapidae);
(h) Crocodylidae family;
(i) Green Anaconda - Eunectes marinus;
(j) Indian python (including the Burmese python) - Python molurus;
(k) Kraits (all species in family Elapidae);
(l) Mambas (all species in family Elapidae);
(m) Pit vipers and true vipers (all species in family Viperidae except species indigenous to Montana);
(n) Red-eared slider - Trachemys scripta elegans; and
(o) Reticulated python - Python reticulatus.
(7) The following birds are classified as prohibited:
(a) California quail - Callipepla californica; and
(b) Gambel's quail - Callipepla gambelii.
Credits
AUTH: 87-5-704, 87-5-705, 87-5-712, MCA
IMP: 87-5-707, 87-5-708, 87-5-711, 87-5-712, MCA
History: NEW, 2005 MAR p. 814, Eff. 5/27/05; AMD, 2006 MAR p. 2823, Eff. 11/10/06; AMD, 2007 MAR p. 1187, Eff. 8/24/07; AMD, 2008 MAR p. 2179, Eff. 10/10/08; AMD, 2010 MAR p. 2812, Eff. 12/10/10; AMD, 2014 MAR p. 1919, Eff. 8/22/14; AMD, 2015 MAR p. 1272, Eff. 8/28/15; AMD, 2016 MAR p. 2335, Eff. 12/10/16.
Rules 12.6.2216 to 12.6.2219. RESERVED
12.6.2220. PROHIBITED SPECIES PERMITS
(1) The department may issue a permit for possession of a prohibited species only to the following:
(a) a zoo or aquarium which is an accredited institutional member of the American Association of Zoological Parks and Aquariums;
(b) a roadside menagerie or zoo licensed by the department;
(c) a business that displays, exhibits, or uses the species for exhibition or commercial photography or television and has a USDA Class C Exhibitor's license if the species:
(i) is accompanied by evidence of lawful possession;
(ii) is not in this state for more than 90 days or a time period authorized by the department;
(iii) is maintained under complete control and prohibited from coming into contact with members of the general public unless authorized for such contact by the department. If the person is displaying, exhibiting, or using animals for commercial purposes other than food or fiber, he/she must possess the appropriate license issued by the United States Department of Agriculture; and
(iv) is accompanied by an official certificate of veterinary inspection as defined in ARM 32.3.206 “Official Health Certificate” and an entry permit number issued by the Montana Department of Livestock within ten days of entry into Montana;
(d) a college, university, or government agency, for scientific or public health research;
(e) any other scientific institution, as determined by the department, for research or medical necessity;
(f) a tax-exempt nonprofit organization licensed by the United States Department of Agriculture that exhibits wildlife solely for educational or scientific purposes;
(g) a person who, due to a medical necessity, has assistance requirements that may be provided by the prohibited species and that requirement is certified by a physician licensed in the state of Montana; or
(h) a rescue facility for exotic wildlife with either national or state agency affiliation engaged in temporary housing of exotic wildlife for the purpose of rescue for relocation.
(2) An interstate shipment of a prohibited species may be transported through this state, without a permit or license issued by the department, if:
(a) the shipper or transporter has evidence of lawful possession of the species issued by the state or country where the species originated;
(b) mammals, birds, reptiles, and amphibians are accompanied by a certificate of veterinary inspection issued by an accredited veterinarian in the state or country where the species originated that indicates the destination and origin of the species being transported;
(c) fish are accompanied by a health certificate issued in the state or country where the species originated that indicates the destination and origin of the species being transported; and
(d) the species is not unloaded or otherwise released while being transported through this state.
(3) The department may amend, suspend, or cancel a permit if necessary to protect native wildlife, livestock, public health, public safety, or the environment.
History: 87-5-704, 87-5-705, 87-5-712, MCA; IMP, 87-5-705, 87-5-707, 87-5-709, 87-5-711, 87-5-712, MCA; NEW, 2005 MAR p. 814, Eff. 5/27/05; AMD, 2006 MAR p. 2823, Eff. 11/10/06; AMD, 2008 MAR p. 2179, Eff. 10/10/08.
Rules 12.6.2221 to 12.6.2224. RESERVED
12.6.2225. DETERMINING EXOTIC WILDLIFE CLASSIFICATION
(1) The classification review committee described in 87-5-708, MCA, shall consider petitions for species classification. Any individual, government agency, or interested group may petition the classification review committee to recommend to the commission classification of a species.
(2) The classification review committee must make its recommendations based on the best available information and scientific knowledge of the following:
(a) the environmental impacts caused by the animal if it is released or escapes from captivity, including ecological and economic impacts;
(b) the risk the animal would pose to the health or safety of the public, wildlife, livestock, domestic animals and agriculture; and
(c) the ability of a person to readily control and contain the animal in captivity.
(3) Based on recommendations made by the classification review committee, the commission may classify exotic wildlife to either a noncontrolled, controlled, or prohibited list. The commission shall adopt exotic wildlife classifications as administrative rules, amendments, or repeals according to the Montana Administrative Procedure Act.
(4) Species of exotic wildlife may not be imported into Montana unless the following occur:
(a) the exotic wildlife species has been classified by the commission or by listing in state statutes;
(b) the department has issued the required permits for possession of exotic wildlife species classified as noncontrolled, controlled or prohibited; and
(c) the person has obtained authorization for importation from the Department of Livestock pursuant to Title 81, chapter 2, part 7, MCA.
(History: 87-5-704, 87-5-705, 87-5-712, MCA; IMP, 87-5-707, 87-5-708, 87-5-711, 87-5-712, MCA; NEW, 2005 MAR p. 814, Eff. 5/27/05.)
Rules 12.6.2226 to 12.6.2229. RESERVED
12.6.2230. EXOTIC WILDLIFE PERMIT APPEAL PROCESS
(1) A person who has been denied a permit, denied renewal of a permit, or whose permit has been suspended or cancelled may appeal the permitting decision in writing to the department's director within 30 days of the date of mailing of the notice of the permitting decision. Persons not appealing within 30 days have waived their right to appeal.
(2) The department's director or the director's designee shall issue a written decision on the appeal. The department director's decision is final.
(History: 87-5-704, 87-5-705, 87-5-712, MCA; IMP, 87-5-705, 87-5-707, 87-5-711, 87-5-712, MCA; NEW, 2005 MAR p. 814, Eff. 5/27/05.)