BEFORE THE BOARD OF LAND COMMISSIONERS AND

THE DEPARTMENT OF NATURAL RESOURCES

AND CONSERVATION OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM  36.11.402 and adoption of New Rules I and II regarding forest management rules for implementing conservation easements and habitat conservation plans

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NOTICE OF AMENDMENT AND ADOPTION

 

To:  All Concerned Persons

 

            1.  On November 26, 2010, the Department of Natural Resources and Conservation published MAR Notice No. 36-22-147 regarding a notice of public hearing on the proposed amendment and adoption of the above-stated rules at page 2687 of the 2010 Montana Administrative Register, Issue No. 22.

 

2.  The department has amended ARM 36.11.402 as proposed.

 

3.  The department has amended New Rule I (36.11.470) and New Rule II (36.11.471) as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:

 

            NEW RULE I  (36.11.470) LANDS SUBJECT TO A HABITAT CONSERVATION PLAN  (1)  For trust land parcels subject to a habitat conservation plan contractually entered by the department and the United States Fish and Wildlife Service (USFWS) pursuant to Section 10 of the Endangered Species Act (ESA), the department must shall implement the conservation strategies identified in terms of the habitat conservation plan.

            (2)  If there are conflicts between the conservation strategies in the habitat conservation plan and the administrative rules for forest management in this subchapter, the department must shall implement the terms of follow the conservation strategies in the habitat conservation plan incidental take permit.

           

            NEW RULE II  (36.11.471) CONSERVATION EASEMENTS  (1)  For trust land parcels that have an appurtenant conservation easement that addresses conservation strategies or includes stipulations for forest management, the department must shall implement the terms follow the conservation strategies or stipulations of the conservation easement.

            (2)  If there are conflicts between the conservation strategies or stipulations of the conservation easement and the administrative rules for forest management in this subchapter, the department must shall implement the terms of follow the conservation strategies or stipulations of the conservation easement.

 

4.  No written comments  or oral testimony pertaining to the rulemaking were received.

 

/s/  Mary Sexton                                             /s/  Mark Phares                                           

MARY SEXTON                                            Mark Phares

Director                                                          Rule Reviewer

 

Certified to the Secretary of State February 28, 2011.