BEFORE THE Department of LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.3.1303 identification, 32.4.101 definitions, 32.4.201 identification of alternative livestock, 32.4.203 waivers to identification, 32.4.301 inspection of alternative livestock, 32.4.401 change of ownership testing requirements for alternative livestock, 32.4.403 requirements for alternative livestock gametes (ova and semen) and embryos, 32.4.601 importation of alternative livestock, 32.4.802 quarantine facility, 32.4.1301 definitions, 32.4.1302 requirements for mandatory surveillance of Montana alternative livestock farm cervidae for chronic wasting disease, 32.4.1303 alternative livestock monitored herd status for chronic wasting disease, 32.4.1309 import requirements for cervids, 32.4.1311 management of alternative livestock cervid herds identified as CWD trace herds, 32.4.1313 management of CWD positive alternative livestock cervid herds and the repeal of ARM 32.4.1312 management of alternative livestock cervid herds with at least one animal diagnosed with CWD and with low probability of CWD transmission

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

NOTICE OF AMENDMENT AND REPEAL

 

TO: All Concerned Persons

 

1. On September 20, 2019, the Department of Livestock published MAR Notice No. 32-19-298 regarding the proposed amendment and repeal of the above-stated rules at page 1584 of the 2019 Montana Administrative Register, Issue Number 18.

 

2. The department has amended ARM 32.3.1303, 32.4.101, 32.4.201, 32.4.203, 32.4.301, 32.4.401, 32.4.403, 32.4.601, 32.4.802, 32.4.1301, 32.4.1302, 32.4.1303, 32.4.1311, and 32.4.1313 as proposed.

 

3. The department has repealed ARM 32.4.1312 as proposed.

 

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

 

COMMENT:  Regarding ARM 32.4.301 Inspection of Alternative Livestock and ARM 32.4.1302 Requirements for Mandatory Surveillance of Montana Alternative Livestock Game Cervidae for Chronic Wasting Disease, the department received one comment concerning changes that may decrease the likelihood of confirming a diagnosis or cause of death, and in some cases may hinder the ability to obtain samples for CWD testing. 

 

RESPONSE:  The department appreciates this comment but does not agree that extending the timeline allowed for reporting of deaths will decrease the rate of success for determining cause of death or obtaining appropriate samples.  Additionally, changes proposed in ARM 32.4.1302 provide the department additional tools to deal with missed or poor-quality samples, such as a requirement to replace samples or a reduction in the herd status of a cervid herd.  The department is therefore adopting the changes as proposed.

 

5.  The department is not proceeding with the proposed rule amendment for ARM 32.4.1309 pertaining to the import requirements for cervids.  The department received multiple comments on the proposed rule.  The comments addressed two specific areas regarding the proposal.  These include the potential for the proposed rule to be in violation of the Commerce Clause of the U.S. Constitution and a lack of scientific evidence to support the proposed changes.  

 

The department appreciates all the comments received.  The department has taken these comments into consideration and intends to file a replacement notice of proposed rulemaking in order to address these concerns.

 

 

BY:      /s/ Michael S. Honeycutt                             BY:      /s/ Cinda Young-Eichenfels

            Michael S. Honeycutt                                             Cinda Young-Eichenfels

            Executive Officer                                                    Rule Reviewer

            Board of Livestock

            Department of Livestock

 

Certified to the Secretary of State December 17, 2019.