BEFORE THE DEPARTMENT OF FISH, WILDLIFE AND PARKS

OF THE STATE OF MONTANA

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To: All Concerned Persons

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1. On July 26, 2007, the Department of Fish, Wildlife and Parks (department) published MAR Notice No. 12-332 regarding a public hearing on the proposed amendment of the above-stated rule at page 995 of the 2007 Montana Administrative Register, Issue No. 14.

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2. The department has amended ARM 12.3.403 as proposed.

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3. The department received five comments regarding the proposed amendment. All supported the general principle of requiring a second replacement license to be purchased at a department office. A summary of the comments appears below with the department's responses:

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Comment 1: When a person who has multiple tags has lost a license (such as areas where a hunter may purchase additional antlerless deer licenses) he/she would not be able to replace more than a single tag.

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Response: The intent here is that if a person were to lose a number of tags and go in for replacement, that transaction would be treated as a single replacement.

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Comment 2: I agree with the proposed fee but suggest increasing replacement cost by one and a half to two times or half the original cost of the tag.

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Response: Current statute specifically limits the cost of replacement licenses to $5.00.

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Comment 3: My suggestion will encourage people to be more responsible. Simply put: a lost license should simply not be replaced.

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Response: There are instances where a license is legitimately lost, misplaced, or destroyed. The proposed rule would address legitimate loss while controlling unlawful and capricious purchase of replacements.

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Comment 4: Any license that was lost, stolen, or destroyed could only be replaced with a signed affidavit of affirmation at a department regional or area office.

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Response: Currently, an affidavit is required for replacement. The proposed rule would require the purchaser to complete the affidavit at a department regional or area office only after the second replacement in a two-year period.

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Comment 5: A replacement should only be granted twice in any five-year period.

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Response: The department believes that the proposed rule using a two-year replacement period, along with monitoring of replacement purchases, will provide an adequate safeguard for the unlawful use of licenses as well as encourage greater care with legitimately purchased replacements.

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Certified to the Secretary of State August 27, 2007.