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Birds · 16 mins read

Avian Flu Regulations in Montana: What Every Poultry Owner Needs to Know

Kingsley Felix

Kingsley Felix

July 19, 2026

Avian flu regulations in Montana
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Montana poultry owners are operating in one of the most active periods of avian influenza pressure the country has seen in decades. Whether you keep a small backyard flock or run a commercial operation, understanding the state’s avian flu regulations is no longer optional — it is the foundation of responsible poultry ownership and legal compliance.

This guide walks you through everything you need to know about avian flu regulations in Montana, from how the virus is classified to what happens when a flock is confirmed positive. You will find clear, actionable information on premises registration, biosecurity requirements, reporting obligations, movement restrictions, depopulation procedures, and the penalties for failing to comply.

HPAI vs. LPAI: Understanding Avian Flu Classifications in Montana

Before you can understand Montana’s regulatory framework, you need to understand how avian influenza viruses are classified. Avian influenza viruses are divided into two groups based on the severity of disease they cause in infected poultry. Low Pathogenic Avian Influenza (LPAI) viruses generally cause no clinical illness or only minor symptoms, while Highly Pathogenic Avian Influenza (HPAI) viruses are extremely infectious and fatal to poultry and some species of wild birds.

HPAI strains are deadly to domestic poultry and can wipe out entire flocks within a matter of days. LPAI strains typically cause few or no signs of illness and occur naturally in wild birds around the world. However, some LPAI strains can become highly pathogenic in poultry — which is why even low-pathogenicity detections are taken seriously by regulators.

The virus is shed in oral and nasal secretions and feces of infected birds, and can be spread via aerosol, direct contact with infected birds, contaminated drinking water, or fomites — any inanimate object or substance capable of carrying infectious organisms. This transmission profile is central to why Montana’s biosecurity and movement regulations are structured the way they are.

Key Insight: HPAI is classified as a foreign animal disease in the United States, which means federal and state agencies share jurisdiction over outbreak response. This is why Montana regulations align closely with USDA APHIS requirements.

While low pathogenic variants are more common, lead to less severe disease or no clinical disease, and are easily managed, the current highly pathogenic strain of bird flu has resulted in the deaths of tens of millions of birds since 2022. Montana has not been spared. The first known case of HPAI (H5N2) in Montana was detected in a captive Gyrfalcon in March 2015, and shortly after, H5N2 was detected in a backyard poultry flock in Judith Basin County.

You can learn more about related avian diseases that affect Montana flocks, including avian tuberculosis and avian chlamydiosis, which require separate but equally important management protocols.

Premises Registration Requirements for Poultry Owners in Montana

One of the most important steps you can take as a Montana poultry owner is registering your premises through the National Poultry Improvement Plan (NPIP). The National Poultry Improvement Plan was established in the early 1930s to provide a cooperative industry, state, and federal program through which new diagnostic technology could be effectively applied to the improvement of poultry and poultry products. The NPIP was initiated to help diminish the spread of Pullorum Disease, and the program was later extended to include testing and monitoring for other poultry diseases.

The Montana Department of Livestock (MDOL) is the Official State Agent for Montana and provides requirements for NPIP certified flocks. MDOL encourages all poultry and game bird owners to become NPIP certified. If you are interested in certification, call the office at (406) 444-2976 or email [email protected].

There is no fee to obtain NPIP certification; however, your private veterinarian or Authorized Testing Agent (ATA) may require a fee for their time. MDOL supplies veterinarians or ATAs with the supplies needed to complete NPIP testing and pays for Avian Influenza testing at the Montana Veterinary Diagnostic Laboratory (MVDL).

Key requirements for NPIP certification include:

  • Complete required testing for each certification with a veterinarian or ATA.
  • Keep records of poultry purchases and sales using VS 9-3 forms via the NPIP database.
  • Follow proper biosecurity measures recommended by the United States Department of Agriculture Animal and Plant Health Inspection Service.
Pro Tip: NPIP certification may allow for indemnity in the event your flock has a confirmed disease outbreak. Registering your premises before an outbreak occurs is one of the most financially protective steps you can take.

Testing requirements differ by flock type. Backyard and exhibition poultry are required to test up to 300 birds that are four months of age or older for S. pullorum, once every one to three years. Avian influenza testing is optional but recommended for backyard flocks. If a backyard flock chooses to be AI certified, they must have 30 birds swabbed for AI every six months.

Biosecurity Requirements for Commercial and Backyard Flocks in Montana

Biosecurity is the single most effective tool available to Montana poultry owners. Avian influenza viruses spread through direct, bird-to-bird contact. They can also spread via contaminated surfaces or materials, such as manure; egg flats, crates, or other farming materials and equipment; and people’s clothing, shoes, or hands. This means your daily routines and farm management practices are your first line of defense.

The Montana Department of Livestock recommends the following biosecurity practices for all poultry owners:

  • Prevent contact between wild or migratory birds and domestic poultry, including access by wild birds to feed and water sources. House birds indoors to the extent possible to limit exposure to wild or migratory birds.
  • Limit visitor access to areas where birds are housed. Use dedicated clothing and protective footwear when caring for domestic poultry.
  • Wash and disinfect items going on and off your farm, such as footwear, vehicles, and equipment. Effective disinfectants include bleach, Comet bathroom cleanser, Lysol multi-purpose cleaner, Virkon, and Tek-Trol.
  • Regularly check animals for signs of illness and isolate sick animals as soon as possible.

For commercial operations, the regulatory bar is higher. APHIS published a final rule in 2018 requiring all owners of premises that met certain size criteria and sought indemnity payments for HPAI-related losses to develop and implement a “biosecurity plan,” defined as “a document utilized by an owner and/or contractor describing the management practices and principles that are used to prevent the introduction and spread of infectious diseases of poultry at a specific facility.”

The 2018 final rule also required an APHIS-recognized state authority to audit the biosecurity plan at least once every two years. A more recent update strengthened these requirements further. On December 31, 2024, USDA APHIS published an interim rule in the Federal Register that updates the requirements for poultry facilities to receive indemnity and compensation after a positive test of HPAI. This interim rule is effective as of December 31, 2024.

Important Note: If your operation is hit by HPAI or you are operating in an area impacted by the virus, USDA will conduct a mandatory biosecurity audit before you restock to help protect your flocks and ensure you are eligible for indemnity for your restocked poultry.

USDA’s free biosecurity assessment program is available to all commercial poultry producers. APHIS Veterinary Services will work with producers to review structural and operational biosecurity plans and practices. Structural biosecurity includes measures used to construct and maintain coops, pens, poultry houses, and other facilities. Operational biosecurity includes practices, procedures, and policies that farm owners and workers follow consistently.

Reporting Sick or Dead Birds in Montana

Timely reporting is a legal and civic obligation for Montana poultry owners. The faster a potential outbreak is identified, the better the chance of containing it before it spreads to neighboring flocks or wild bird populations.

Avian influenza is an infectious viral disease of birds that can cause high mortality rates in domestic flocks. Sick birds can exhibit numerous signs such as swollen eyes, discolored comb and legs, or a significant drop in egg production or water and feed consumption. However, the most consistent presentation has been sudden death of multiple birds within a flock.

In addition to practicing biosecurity, poultry owners should observe their flocks at least one to two times a day for any signs of illness. Most often domestic poultry will present with sudden death, but owners may also notice respiratory signs.

Here is who to contact and when:

Situation Who to Contact Contact Information
Sick or dying domestic poultry Montana Department of Livestock (MDOL) (406) 444-2976
Sick or dead wild birds Montana Fish, Wildlife & Parks (FWP) (406) 577-7880
Sudden onset of illness or high death loss Your local veterinarian or MDOL (406) 444-2976

Samples from flocks with increased mortalities or unusual symptoms are submitted to the Montana Veterinary Diagnostic Laboratory (MVDL) and tested for the presence of avian influenza.

Regarding suspected infections and dead birds, guidance on surveillance, quarantine, handling, and disposal is available at liv.mt.gov. You may be requested to submit the animal to the state diagnostic lab. While not every suspect bird needs to be submitted, reporting and testing are imperative to understand the severity and distribution of this ongoing outbreak.

Common Mistake: Waiting to report sick birds because the symptoms seem minor. HPAI can progress rapidly, and early reporting gives state and federal responders the best chance of containing spread. Delayed reporting can also affect your eligibility for indemnity payments.

Montana’s Current HPAI Status and Active Outbreak Zones

Montana has been part of the ongoing national HPAI outbreak that began in early 2022. Understanding the state’s detection history helps you assess the risk level for your operation and the likelihood of movement restrictions being imposed in your area.

The Montana Department of Livestock confirmed the first case of HPAI in the state for 2026. The affected flock, located in Carbon County, consists of chickens and ducks. This marked the first detection of HPAI in Montana since October 2025.

In September 2025, the Montana Department of Livestock confirmed HPAI in north central Montana, the state’s first detection in domestic poultry that fall. Montana has confirmed 31 affected flocks linked to the ongoing national outbreak which began in 2022.

Migratory waterfowl are identified as the primary source of the influenza virus responsible for HPAI. The highest risk for outbreaks typically occurs during spring and fall migration. However, domestic poultry can become infected year-round through direct contact with infected wild birds or through contaminated objects, equipment, or the environment.

Montana has reported HPAI in skunks, foxes, bobcats, coyotes, and bears, which means the virus is circulating broadly in the state’s wildlife population. HPAI was also detected in a goose collected in Gibson Park during October 2025, demonstrating that urban and semi-urban areas are not immune to exposure.

For the most current outbreak map and county-level detection data, visit the Montana Department of Livestock HPAI page and the USDA APHIS avian influenza portal. Both are updated as new detections are confirmed.

Poultry Movement and Quarantine Restrictions in Montana

Movement restrictions are one of the most operationally significant aspects of avian flu regulations in Montana. When HPAI is detected, both state and federal authorities have the power to restrict or halt the movement of poultry, poultry products, and related equipment within defined geographic zones.

Infected flocks are placed under quarantine until the Department is sure that the premises is free of virus either through cleaning and disinfection or time. This quarantine applies not just to the infected premises but can extend to a broader control area.

When it comes to bringing birds into Montana, the requirements are specific. All poultry over four months of age must be officially Pullorum tested with negative results within 30 days, or originate from an NPIP certified flock and travel on a VS 9-3. Prohibited species include California Quail and Gambel’s Quail. A health certificate must be issued within 30 days of entry.

The ability to move birds across state lines more efficiently using a VS Form 9-3 is one benefit of NPIP certification, as many states surrounding Montana require a negative Pullorum and negative Avian Influenza test to move birds. You should always contact the NPIP Official State Agency in other states to check requirements before shipping birds.

During an active outbreak, movement rules tighten considerably. Quarantine and movement restriction are employed as a primary tool to stem the further spread of HPAI in the United States. During an HPAI outbreak, movement of poultry and poultry products is only allowed from premises that have approved biosecurity measures in place and can produce an HPAI-negative test result for the flock. This permitted movement allows for the continuity of the poultry industry and security of the food supply.

Restocking after an outbreak is also tightly controlled. A premises may only seek approval to restock after completing a 14- or 28-day fallow period after final virus elimination, environmental sampling is complete and shows no evidence of HPAI, and the premises meets requirements of the State Quarantine Notice/Hold Order and the USDA Flock Plan.

If you operate near regulated zones or are planning to move birds across state lines, the animal movement regulations in neighboring states are worth reviewing as well, since interstate movement requirements can affect your ability to source replacement stock.

Flock Depopulation and Compensation Rules in Montana

If HPAI is confirmed on your premises, depopulation is typically the required response. This is one of the most difficult aspects of avian flu regulations in Montana, but understanding the process and your compensation options in advance can make an overwhelming situation more manageable.

There is no treatment for HPAI. The only way to stop the disease is to depopulate all affected and exposed poultry. Control of the disease is often achieved by depopulating infected farms and small flocks — meaning all infected and directly exposed birds are euthanized.

Regulations have changed throughout this avian influenza outbreak. The size of the flock and its use determine the outcome. An owner may not be required to euthanize if they do not sell poultry or poultry products, though they may still choose to do so because of concern about disease severity or risk to people and other animals.

Regarding financial compensation:

  • Owners whose birds are depopulated are eligible to receive indemnity to offset financial loss from depopulation. Response involves oversight by an animal health authority, such as the state veterinarian’s office or a USDA veterinary office.
  • The Montana response team has implemented federal regulations of depopulation and disposal of over 80,000 infected poultry and has been successful at preventing lateral spread of HPAI.
  • From February 2022 to February 2025, APHIS committed a total of $1.811 billion for HPAI response activities nationally, demonstrating the scale of federal investment in supporting affected producers.

To remain eligible for indemnity payments, you must meet biosecurity plan requirements. APHIS added a requirement for owners and contractors to provide a statement that at the time of detection of HPAI in their facilities, they had in place and were following a poultry biosecurity plan.

Before restocking is permitted, if your commercial poultry operation has been confirmed positive for HPAI, you must pass an Infected Premises Restock Biosecurity Audit before restocking if you wish to be eligible for indemnity for the restocked poultry.

Pro Tip: Maintaining participation in NPIP may allow for indemnity in the event of a confirmed outbreak. Enroll before an outbreak occurs — attempting to enroll after a detection is too late to qualify for certain compensation pathways.

Separately, amendments to NPIP regulations condition indemnity for low pathogenicity avian influenza on adherence to biosecurity plans, clarify existing provisions, and align the regulations more closely with current producer practices. These changes became effective October 30, 2025.

Penalties for Non-Compliance in Montana

Failing to follow avian flu regulations in Montana carries real consequences — for your operation, for neighboring flocks, and potentially for the broader state livestock industry. Montana’s regulatory framework is enforced through a combination of state authority and federal oversight, and non-compliance can result in both administrative and financial penalties.

The Montana Department of Livestock operates under a broad mandate. The mission of the Montana Department of Livestock is to control and eradicate animal diseases, prevent the transmission of animal diseases to humans, and to protect the livestock industry from theft and predatory animals. This mission gives MDOL significant authority to act when poultry owners fail to comply with disease control requirements.

Key areas where non-compliance creates risk include:

  1. Failure to report: Not reporting sudden illness or death in your flock is a violation of state animal health law. Montana Administrative Rules (ARM) require prompt reporting of suspected notifiable diseases, including HPAI, to the state veterinarian.
  2. Unauthorized movement: Moving poultry out of a quarantine zone without authorization can result in the spread of disease and exposes you to civil and criminal liability under Montana livestock statutes.
  3. Loss of indemnity eligibility: APHIS stated that its rules “will serve to reduce the risk that a producer becomes inclined to disregard biosecurity because they believe that APHIS will continue to cover the costs associated with damages related to an HPAI outbreak through indemnity payments regardless of their biosecurity status.” If you cannot demonstrate an active biosecurity plan at the time of detection, you may be denied compensation entirely.
  4. Import violations: Bringing poultry into Montana without meeting testing and health certificate requirements under ARM 32.3.202 and ARM 32.3.206 violates state import regulations and can result in seizure of birds, fines, and quarantine orders.
Important Note: Montana’s animal health statutes authorize the state veterinarian to issue quarantine orders, mandate testing, and require depopulation — with or without owner consent — when a disease threat to the state’s livestock industry is identified. Compliance is not optional once an official order is issued.

At the federal level, violations of USDA APHIS regulations related to interstate movement of poultry during an HPAI outbreak can result in civil penalties under the Animal Health Protection Act (7 U.S.C. § 8313), which provides for fines of up to $50,000 per violation for individuals and up to $250,000 per violation for organizations. Willful violations can result in criminal prosecution.

The most effective way to avoid penalties is to stay informed and proactive. “With the increased risk to people working around infected animals and viral spread to other species, we cannot stress enough the importance of preventive measures,” said Tahnee Szymanski, Montana State Veterinarian. Registering your premises, maintaining your biosecurity plan, and reporting promptly are the three actions that most reliably protect both your flock and your legal standing.

For additional context on how animal regulations are structured and enforced across different states, you may find it useful to review horse boarding regulations in Wisconsin or Montana’s fish and wildlife regulatory framework, both of which reflect the broader pattern of state-level animal and natural resource oversight in the region.

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