BEFORE THE DEPARTMENT OF FISH, WILDLIFE AND PARKS

OF THE STATE OF MONTANA

 

In the matter of the adoption of New Rule I pertaining to Wolf Management Stamps

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NOTICE OF PROPOSED ADOPTION   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On September 4, 2014, the Department of Fish, Wildlife and Parks (department) proposes to adopt the above-stated rule.

 

2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 p.m. on July 11, 2014, to advise us of the nature of the accommodation that you need. Please contact Jessica Snyder, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, Montana, 59620-0701; telephone (406) 444-9785; fax (406) 444-7456; or e-mail [email protected].

 

3. The rule as proposed to be adopted provides as follows:

 

NEW RULE I  WOLF MANAGEMENT STAMPS  (1) The department shall create wolf management stamps to be issued to any persons who wish to donate to the department's management of wolves. Any resident or nonresident may purchase one or more such stamps for a donation of $20.00 each.

(2) Money received from the sale of wolf management stamps will be considered a donation and must first be used to pay for the cost of administering the stamp program. The remainder of the money received must be equally divided and allocated for the following purposes:

(a) grants awarded through the livestock loss reduction program, pursuant to 2-15-3111, MCA;

(b) wolf monitoring, habitat protection or acquisition within occupied wolf habitat, scientific research of wolves, or public education and outreach activities relating to wolves; and

(c) the hiring of additional wardens, as defined by 87-1-101(5), MCA, within occupied wolf habitat.

 

AUTH: 87-1-201, MCA

IMP: 87-1-201, MCA

 

REASON:  Constituents expressed a desire to the Fish and Wildlife Commission (commission) for a mechanism to donate to the department's management of wolves. The commission, as a result, directed the department to create a wolf management stamp for this purpose. The wolf management stamp will provide an additional funding source for wolf management in Montana. The voluntary donations provide nonconsumptive users the opportunity to contribute to wildlife management instead of just hunters and anglers.

 

4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Wolf Stamp Comments, Department of Fish, Wildlife and Parks, Communication and Education Division, P.O. Box 200701, Helena, Montana, 59620-0701; fax (406) 444-4952; or e-mail [email protected], and must be received no later than July 25, 2014.

 

5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to the above address no later than July 25, 2014.

 

6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be more than 25 persons based on the number of people interested in wolf management in Montana.

 

7. The department maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by the department or commission. Persons who wish to have their name added to the list shall make written request that includes the name and mailing address of the person to receive the notice and specifies the subject or subjects about which the person wishes to receive notice. Such written request may be mailed or delivered to Fish, Wildlife and Parks, Legal Unit, P.O. Box 200701, 1420 East Sixth Avenue, Helena, MT 59620-0701, faxed to the office at (406) 444-7456, or may be made by completing the request form at any rules hearing held by the department.

 

8. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of this notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

 

9. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

10. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption of the above-referenced rule will not significantly and directly impact small businesses.

 

/s/ Rebecca Dockter                                   /s/ M. Jeff Hagener

Rebecca Dockter                                        M. Jeff Hagener

Rule Reviewer                                             Director

                                                                  Department of Fish, Wildlife and Parks

           

Certified to the Secretary of State June 16, 2014.