BEFORE THE FISH AND WILDLIFE COMMISSION

OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 12.9.202 pertaining to the brinkman game preserve

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NOTICE OF REPEAL

TO: All Concerned Persons

 

1. On July 7, 2023, the Fish and Wildlife Commission (commission) published MAR Notice No. 12-606 pertaining to the public hearing on the proposed repeal of the above-stated rule at page 611 of the 2023 Montana Administrative Register, Issue Number 13.

 

2. The commission has repealed the above-stated rule as proposed.

 

3. The commission has thoroughly considered the comments and testimony received.  A summary of the comments received, and the commission's response is as follows:

 

COMMENT #1: The commission should repeal this rule because the Brinkman Game Preserve harms farmers and ranchers.  It affects the ability to control excess wildlife and causes damage to fencing and forage ground.

 

RESPONSE #1: The commission appreciates the public's participation in this process, and has taken this comment into consideration.

 

COMMENT #2: The commission should repeal this rule because it infringes the Second Amendment rights of private landowners with land within the preserve boundary.  A basic rule of the game preserve is you cannot transport a firearm.  The current administration should consider property rights of landowners who own land within the preserve.

 

RESPONSE #2: The commission appreciates the public's participation in this process, and has taken this comment into consideration.

 

 

/s/ Kevin Rechkoff                                       /s/ Lesley Robinson

Kevin Rechkoff                                            Lesley Robinson     

Rule Reviewer                                             Chair

                                                                     Fish and Wildlife Commission

                       

 

Certified to the Secretary of State December 14, 2023.