BEFORE THE FISH AND WILDLIFE COMMISSION

OF THE STATE OF MONTANA

 

In the matter of the adoption of NEW RULES I through III pertaining to the use of deer or elk urine to mask human odor

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NOTICE OF ADOPTION

 

TO: All Concerned Persons

 

1. On April 16, 2021, the Fish and Wildlife Commission (commission) published MAR Notice No. 12-545 pertaining to the public hearing on the proposed adoption of the above-stated rules at page 391 of the 2021 Montana Administrative Register, Issue Number 7.

 

2. The commission has adopted the above-stated rules as proposed: New Rules I (12.6.1015), II (12.6.1016), and III (12.6.1017).

 

3. The commission has thoroughly considered the comments and testimony received. A summary of the comments received and the commission's responses are as follows:

 

Comment 1: The commission received three comments in support of the proposed rules.

 

Response 1: The commission appreciates the participation and support in this rulemaking process.

 

Comment 2: The commission received two comments opposing the use of natural scents regardless of the source because it would be difficult to detect and enforce misuse in the field.

 

Response 2:  The adopted rule language allows products with the Archery Trade Association (ATA) and the Responsible Hunting Scent Association (RHSA) marking on the product packaging. The ATA/RHSA is clearly displayed on the packaging for the ease of consumers purchasing urine and glandular scents and for enforcement purposes. 

 

Comment 3: The commission received one comment that provided several pages of apparently relevant literature on Chronic Wasting Disease and prions.

 

Response 3: The commission appreciates the additional information. 

 

 

/s/ Aimee Hawkaluk                                     /s/ Lesley Robinson

Aimee Hawkaluk                                          Lesley Robinson

Rule Reviewer                                             Chair

                                                                     Fish and Wildlife Commission

           

Certified to the Secretary of State July 13, 2021.