Current through Register Vol. 23, December 6, 2024
Rule 12.1.101 - ORGANIZATION OF DEPARTMENT(1) The Department of Fish and Game was established under executive order by the Governor effective July 1, 1972. Its name was changed to Department of Fish, Wildlife and Parks effective July 1, 1979. Section 2-15-3401, MCA, creates the department. Its functions are set forth in Title 23 and Title 87 and other MCA sections.(2) Director. The Governor appoints the director of the Department of Fish, Wildlife and Parks. The director is the chief administrative officer of the department. The director oversees the development of department policy, planning, and management operations and has direct authority over all employees of the department.(3) Montana Fish and Wildlife Commission. The Governor appoints the five members who serve for four-year terms until their successors are appointed and qualified. The Governor appoints the commission chairman. The commission is generally responsible for the hunting, fishing, and trapping rules of the department, approval of the fish and wildlife budget, and for the overall fish and wildlife policy direction. Except as provided in 23-1-111, MCA, the commission is responsible for the rules for recreational use of department lands and waters and approval of land acquisitions. Though independent of the Montana Parks and Recreation Board, the commission works collaboratively to maintain Montana's hunting, fishing, and recreational opportunities. (4) Montana State Parks and Recreation Board. The Governor appoints the five members who serve for four-year terms until their successors are appointed and qualified. The Governor appoints the board chairman. The board is generally responsible for overseeing state parks, public campgrounds, and other heritage and recreational resources. Their powers and duties include setting policy and direction, establishing rules, approving land transactions, and reviewing budgets as provided in 23-1-111, MCA. Though independent of the Fish and Wildlife Commission, the board works collaboratively to maintain Montana's hunting, fishing, and recreational opportunities. (5) Functions of the department. The department has four primary programs: fish, wildlife, parks, and agency management, which are jointly developed and implemented by seven divisions and seven geographic regions. The basic premise of this decentralized organizational structure is that division administrators are responsible for policy and program development. The regional supervisors assume responsibility for the daily activities of all regional personnel with the goal of ensuring the proper implementation of department programs. (6) Department Management. Department management includes the director, deputy director, chief of staff, chief of operations, chief legal counsel, human resources manager, and chief financial officer. Department management provides agency leadership and direction to all divisions and regional offices through the Director's Office. Additional responsibilities include acting as the liaison with the Governor's office, the legislature, Montana's Indian tribes, other state and federal agencies; interacting with the commission and the board; and providing legal, budget and financial management, and human resource services for the department. The deputy director reports directly to the director. The chief of staff, chief of operations, chief legal counsel, human resources manager, and chief financial officer all report directly to the deputy director. The chief of staff is responsible for supervision of the divisions. The chief of operations is responsible for supervision of the regional offices, the responsive management unit, and the lands unit. The chief financial officer is responsible for supervision of the budget bureau and oversees budget and financial data. The human resources manager is responsible for the operation of the human resources unit. The chief legal counsel is responsible for the operations of the legal unit. (7) Divisions. The Department of Fish, Wildlife and Parks consists of the following divisions: (c) Parks and Outdoor Recreation Division; (d) Enforcement Division;(e) Communication and Education Division; (f) Administration Division; and(g) Technology Services Division.(8) Division Administrator. An administrator heads each division. The division administrator is a staff officer who advises the director, deputy director, and chief of staff on matters related to resource management, administration of resource programs, or special programs related to the division's area of expertise. Administrators are responsible for policy and program development. (9) Fisheries Division. The Fisheries Division manages and perpetuates Montana's fish and other aquatic resources and, specifically, maintains optimum fish populations in Montana waters, and provides the diverse, quality angling opportunities that Montanans and visiting anglers demand. The division operates nine fish hatcheries, which are not decentralized and report directly to the hatchery bureau chief.(10) Wildlife Division. The responsibility of the Wildlife Division is to protect, enhance, and regulate the wise use of the state's wildlife resources for public benefit now and in the future. The division collects the scientific information necessary for managing all wildlife species and their habitats and conducts wildlife research and habitat projects. (11) Parks and Outdoor Recreation Division. The Parks and Outdoor Recreation Division is responsible for conserving the scenic, historic, archaeological, scientific, natural, and recreation resources in state parks while providing for their use and enjoyment. The division is also responsible for agency access and recreation on lands owned or controlled by the department including fishing access sites and wildlife management areas. The division will also house the new maintenance bureau while the proprietary program is built. Other programs administered by the division include motorized and non-motorized trails and several community grants programs. Program and daily activities at all levels are directed and managed by the division administration.(12) Enforcement Division. The Enforcement Division enforces all fish, wildlife, and parks laws of Montana, department rules, and commission and board regulations. Division personnel also enforce state boating and snowmobile rules and regulations as well as private property laws.(13) Communication and Education Division. The Communication and Education Division acts as a clearinghouse for disseminating information on department activities and news items to the media, serves as a contact point for the public requesting information on department business, provides a variety of education and recreation safety programs, and conducts a variety of public use surveys. (14) Administration Division. The Administration Division is the administrative branch of the department. It is responsible for providing consistent, quality direction to the divisions and regions throughout the agency. Unlike the other divisions, they are a centralized function providing services for accounting, sale of licenses, regional administrative support, purchasing and property management, federal aid administration, and design and construction.(15) Technology Services Division. The Technology Services Division supports the department in achieving its mission and goals through the application of technology. The division partners with department programs to create innovative solutions, provide information technology leadership, products, and services, ensures compliance of information technology with all statutes, policies, standards and plans, and develops and maintains the department's technology strategy and architecture plans.(16) Regional Offices. The regional fish and wildlife supervisors are line officers who are the director's representatives in each administrative region. As such, the fish and wildlife supervisor is responsible for the direct supervision of work schedules and personnel for regional fisheries, wildlife, parks and land management, and communication and education. The regional fish and wildlife supervisor is responsible for developing and maintaining an effective network of communication between the director's office, regional personnel, other state and federal agencies, and the general public. The regional offices are located as follows:(a) Region 1 - 490 North Meridian Road, Kalispell, MT 59901(b) Region 2 - 3201 Spurgin Road, Missoula, MT 59801(c) Region 3 - 1400 South 19th, Bozeman, MT 59715(d) Region 4 - 4600 Giant Springs Road, Great Falls, MT 59406(e) Region 5 - 2300 Lake Elmo Drive, Billings, MT 59105(f) Region 6 - 1 Airport Road, Glasgow, MT 59230(g) Region 7 - 352 I-94 Business Loop, Miles City, MT 59301(17) Information or submissions. General requests for public information must be submitted in writing and sent to 1420 East 6th Avenue, Helena, Montana 59620 or fwpgeneral@mt.gov. General inquiries regarding hunting, fishing, recreation, and specific questions involving environmental issues may be directed to the Communication and Education Division in Helena or the information officers in the seven regions. Specific information regarding major policies may be addressed to the director or a regional supervisor. Specific inquiries regarding functions of each division may be addressed to the respective administrators. (18) Personnel roster. The director and division administrators can be contacted at 1420 East 6th Avenue, Helena, Montana 59620, phone 406-444-2535, fax 406-444-4952. Information regarding the department can also be found at www.fwp.mt.gov.(19) Charts of agency organization. A descriptive chart of the Department of Fish, Wildlife and Parks is attached to this rule and by this reference is incorporated. 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Eff. 12/31/71; AMD, Eff. 1/4/74; AMD, Eff. 2/3/75; AMD, Eff. 7/1/79; AMD, Eff. 4/16/82; AMD, Eff. 9/30/83; AMD, Eff. 3/31/84; AMD, Eff. 4/1/88; AMD, Eff. 8/27/91; AMD, Eff. 3/31/98; AMD, Eff. 12/31/98; AMD, Eff. 3/31/02; AMD, Eff. 6/30/03; AMD, Eff. 12/31/05; AMD, Eff. 6/30/09; AMD, Eff. 3/31/14; AMD, Eff. 9/30/19; AMD, Eff. 9/30/212-4-201, MCA; IMP, 2-4-201, MCA