BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.3.139 appointment as deputy state veterinarian, 32.3.202 requirements for importation, 32.3.206 official health certificate, 32.3.207 permits, 32.3.2001 brands and earmarks, and the repeal of ARM 32.3.204 permit required for livestock, game, furbearing animals, wild animals, embryos, and semen

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NOTICE OF PROPOSED AMENDMENT AND REPEAL   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On March 28, 2015, the Department of Livestock proposes to amend and repeal the above-stated rules.

 

2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Livestock no later than 5:00 p.m. March 20, 2015, to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, Department of Livestock, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; telephone: (406) 444-9321; TTD number: 1 (800) 253-4091; fax: (406) 444-4316; e-mail: [email protected].

 

3. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

            32.3.139 APPOINTMENT AS DEPUTY STATE VETERINARIAN (1) The department is authorized to deputize a veterinarian when it determines that such veterinarian:

            (a) is licensed to practice veterinary medicine in Montana;

            (b) is a current USDA accredited category I or category II veterinarian pursuant to 9 CFR, Chapter 1, Part 161;

            (c) has made formal application for deputization upon forms provided by the department;

            (d)  has been recommended by the state veterinarian; and

            (e) has attended the department deputy state veterinarian training.

            (2) The state veterinarian may issue a provisional deputy state veterinarian status on a case-by-case basis if the requesting veterinarian can document sufficient need exists prior to completion of the required training as listed in (1)(e).

 

AUTH:   81-2-102, 81-2-103, MCA

IMP:  81-2-102, 81-2-108, MCA

 

REASON: This proposed amendment will allow the provisional appointment of a deputy state veterinarian pending completion of all requirements. The citation 81-2-108, MCA, is being deleted because "Diseased animals not to run at large – burial of carcasses" does not implement this rule.

 

            32.3.202 PAPERS REQUIRED REQUIREMENTS FOR IMPORTATION 

            (1)  Unless otherwise specifically provided in this rule all animals and poultry, animal semen, and animal biologics transported or moved into the state of Montana must be accompanied by an official health certificate or and  a permit., or both, which must be attached to the waybill or be in the possession of the  The driver of the vehicle or person in charge of the animals must have in their possession a copy of the official health certificate and permit number. When a single health certificate or permit is issued for animals being moved in more than one vehicle the driver of each vehicle shall have in his possession a copy of the health certificate or permit.

 

AUTH: 81-2-102, 81-2-703, 81-2-707, 81-20-101, MCA

IMP:  81-2-102, 81-2-703, 81-20-101, MCA

 

REASON:  This proposed amendment provides clarification on the documentation (health certificate and permit) requirements for animals and animal products imported into Montana. The change incorporates language from ARM 32.3.204 which is being repealed to clarify that all animals, animal semen, and animal biologics require a permit. The citation 81-2-703, MCA, is added and is required for importation – exemptions, and 81-2-707, MCA is added and authorizes department rulemaking power.

 

            32.3.206 OFFICIAL HEALTH CERTIFICATE (1) through (3) remain the same.

            (4) The state veterinarian may waive requirements for animals imported into Montana on a case-by-case basis if granting the waiver does not create a threat of disease to livestock or to the public.

(4) remains the same but is renumbered (5).

 

AUTH: 81-2-102, 81-2-703, 81-2-707, 81-20-101, MCA

IMP: 81-2-102, 81-2-703, 81-20-101, MCA

 

REASON: The proposed amendment adds language which gives the state veterinarian authority to provide exemptions for import requirements. The citation 81-2-703, MCA, is added and required for importation – exemptions, and 81-2-707, MCA, is added and authorizes department rulemaking power.

 

            32.3.207 PERMITS (1) Permits may be obtained by calling (406) 444-2976 or 444-2043 and will be issued in the name of the person or entity in Montana receiving the animal(s) shown thereon. Permits are issued by the Montana Department of Livestock.  Persons applying for permits shall provide the following information: names and addresses of the consignor and consignee, number and kind of animals, origin of shipment (including in the case of livestock, the ranch where raised, and all intermediate stops in the past six months), final destination, purpose of shipment, method of transportation, including names of transporter, and such other information as the state veterinarian may require.

            (2) through (5) remain the same.

 

AUTH: 81-2-102, 81-2-703, 81-2-707, 81-20-101, MCA

IMP: 81-2-102, 81-2-703, 81-20-101, MCA

 

REASON: This proposed amendment removes language specifying permits must be obtained by phone and language requiring excessive documentation of past animal movement history. This requirement is overly burdensome and inconsistent with industry standards for traceability. The citation 81-2-703, MCA, is added and is required for importation – exemptions, and 81-2-707, MCA, is added and authorizes department rulemaking power.

 

            32.3.2001 BRANDS AND EARMARKS (1) remains the same.

            (2) The state veterinarian may waive identification requirements for import into Montana as follows:

(a)  Animals for exhibition only;

(b)  Animals imported to a Montana bull stud for quarantine on arrival that will return to Canada; or

(c)  On a case-by-case basis with Board of Livestock approval, if the waiver does not create a threat of disease to livestock or to the public, or compromise animal disease traceability.

            (2) remains the same but is renumbered (3).

           

AUTH: 81-2-102, MCA

IMP:  81-2-102, MCA

 

REASON: Canadian livestock producers annually request a CAN brand waiver to attend exhibitions in Montana; therefore, the department is proposing to amend this rule providing an exemption for the required CAN brand for exhibition animals only.

 

4. The department proposes to repeal the following rule:

 

32.3.204 PERMIT REQUIRED FOR LIVESTOCK, GAME, FURBEARING ANIMALS, WILD ANIMALS, EMBRYOS, AND SEMEN

 

AUTH: 81-2-102, 81-20-101, MCA

IMP:  81-2-102, 81-20-101, MCA

 

REASON:  The language in this rule is covered in ARM 32.3.202 making ARM 32.3.204 redundant and unnecessary; hence the department is repealing this rule.

 

            5. Concerned persons may submit their data, views, or arguments in writing concerning the proposed action to Christian Mackay, Department of Livestock, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001, by faxing to (406) 444-1929, or by e-mailing to [email protected] to be received no later than 5:00 p.m., March 26, 2015.

 

            6. If persons who are directly affected by the proposed action wish to express their data, views, and arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this request along with any written comments they have to the same address as above. The written request for hearing must be received no later than 5:00 p.m. March 26, 2015.

 

            7. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons who are 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 public hearing will be held at a later date. Notice of the public hearing will be published in the Montana Administrative Register. Ten percent of those persons directly affected has been determined to be more than 25, based upon the approximately 700 veterinarians and approximately 1,500 producers. 

 

            8. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in 5 above or may be made by completing a request form at any rules hearing held by the department.

 

            9. 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.

 

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

 

            11. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment and repeal of the above-referenced rules will not significantly and directly impact small businesses.

 

DEPARTMENT OF LIVESTOCK

 

BY:      /s/ Christian Mackay                                    BY:      /s/ Cinda Young-Eichenfels

            Christian Mackay                                                     Cinda Young-Eichenfels

            Executive Officer                                                     Rule Reviewer

            Board of Livestock

            Department of Livestock

 

Certified to the Secretary of State February 17, 2015.