(1) Using the epidemiological report required by ARM 32.3.309 as its basis, a memorandum of understanding must be developed between the infected herd owner and the department representative to establish a pseudorabies eradication plan for the infected herd.

(a) The eradication plan must follow recognized cleanup guidelines as supported by the National Pseudorabies Control board and the Uniform Methods and Rules for pseudorabies eradication.

(b) Specific dates for accomplishing tasks will be included.

(c) The owner may select, at his expense, a licensed veterinarian to participate in the preparation of the memorandum and eradication plan.

(d) Herd management practices will be employed to facilitate disease eradication and/or interim disease control leading to eradication.

(2) The memorandum will be the basis for managing the infected herd until the quarantine is released. Any modifications of the memorandum must be made in writing and subscribed to by both parties. Any agreement to depopulate is part of the memorandum of understanding.

(3) If, in the judgment of the department, emergency circumstances warrant actions beyond the terms of the memorandum, the department, through the board of livestock, may take such actions as are lawful and necessary to control and eradicate this disease. This may include an ordered depopulation of the herd with or without indemnity, as authorized by law.

(4) The memorandum of understanding shall be considered a binding agreement, having the force of an order, as contemplated under section 81-2-102, MCA. Failure by the owner of an infected herd to agree on a memorandum of understanding within 30 days of issuance of the infected herd quarantine will constitute an emergency circumstance in which the department may immediately slaughter or cause to be slaughtered any quarantined animals. The state veterinarian may, for good cause, extend the time limit for completion of a memorandum of understanding.