BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.3.108 quarantine and release of quarantine, 32.3.201 definitions, 32.3.206 official health certificate, 32.3.207 permits, 32.3.212 additional requirements for cattle, 32.3.216 horses, mules, and asses, 32.3.307 department ordered pseudorabies testing, 32.3.311 procedure upon detection of pseudorabies, 32.3.407 department ordered brucellosis testing of animals, 32.3.411 procedure upon detection of brucellosis, 32.3.412 memorandum of understanding, 32.3.433 designated surveillance area, 32.3.436 vaccination within the counties in which the DSA is located, 32.3.1003 contaminated premises, 32.4.101 definitions, 32.4.202 identification of omnivores and carnivores, 32.4.601 importation of alternative livestock, and repeal of ARM 32.3.224 domestic bison, 32.3.430 quarantine and retest of suspect animals in negative herd, and 32.3.2002 swine identification code: assignment of codes

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NOTICE OF PROPOSED AMENDMENT AND REPEAL   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

 1. 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 or 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. on July 30, 2018, to advise us of the nature of the accommodation that you need. Please contact the 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) 444-1929; e-mail: [email protected].

 

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

 

            32.3.108  QUARANTINE AND RELEASE OF QUARANTINE (1) and (2) remain the same.

            (3) The person who issues the quarantine shall designate on the Department of Livestock-approved quarantine blank the number of animals quarantined, their approximate age, breed class, species, sex, a description of the mark or brand identifying the animals, and a clear and distinct identification of the area in which they are to be quarantined.

            (4) and (5) remain the same.

            (6) Where quarantined animals are shipped for immediate slaughter under permit from the Montana Department of Livestock, Animal Health Division, the veterinarian issuing the permit will use the approved federal and state form.

 (7) remains the same.

 

AUTH:  81-2-102, 81-2-103, 81-20-101, MCA

IMP:  81-2-102, 81-2-103, 81-20-101, MCA

 

REASON: The department proposes to remove the specification that quarantines be issued on department-approved quarantine blanks. The department specifies what must be included in the designation of a quarantine, but no longer produces quarantine blanks for field use. Additionally, the department proposes removing reference to the Animal Health Division which no longer exists due to departmental restructure.  The Animal Health Division is now the Animal Health Bureau. 

 

Authorizing and implementing citations are being updated to accurately reflect sources of rulemaking authority.

 

32.3.201  DEFINITIONS (1) In this subchapter:

            (a) through (d) remain the same.

            (e) "Health certificate" means a legible record written certificate of veterinary inspection issued on an official health certificate form of the state of origin or an equivalent form of the U.S. Department of Agriculture attesting that the animals described thereon have been visually inspected and found to meet the entry requirements of the state of Montana. In addition, the health certificate shall conform to the requirements of ARM 32.3.206.

            (f) remains the same.

            (g) "Livestock" means cattle, horses, mules, asses, sheep, swine, goats, domestic bison, llamas camelids, and ratites.

            (h) and (i) remain the same.

            (j) "Permit" means an official document number issued by the Montana Department of Livestock after proper application which allows the movement of animals or biologics into Montana. In addition, the permit shall conform to the requirements of ARM 32.3.207.

            (k) and (l) remain the same.

            (m) "Test-eligible Tuberculosis test-eligible bison" means all domestic bison two months of age and over.

            (n) through (p) remain the same.

 

AUTH: 81-2-102, 81-2-103, 81-2-104, 81-20-101, MCA

IMP: 81-2-102, 81-2-103, 81-2-104, 81-20-101, MCA

 

REASON: The department proposes to incorporate the term "certificate of veterinary inspection" in Montana's definition of a health certificate to be consistent with federal regulations.  To encompass llamas, alpacas, and camelids, the department proposes replacing the term "llama" with "camelid."  To address that permits are not always issued in paper format, the department proposes to revise the definition of permit.  Because the test-eligible age for different diseases is variable, the department also proposes adding the word "tuberculosis" to the term "test-eligible bison."

 

Authorizing and implementing citations are being updated to accurately reflect sources of rulemaking.

 

            32.3.206  OFFICIAL HEALTH CERTIFICATE (1) Health certificates are valid for not more than 30 days after the date of inspection, except where otherwise noted in this rule, and may not be issued unless the animals described thereon comply with Montana entry requirements, and the health certificate contains: names and addresses of the consignor and consignee, place of origin of shipment, its final destination, accurate description and identification of each animal, purpose for which they are shipped, and method of transportation, and identification of the transporter.

            (2) It must indicate the health status of the animals involved, including dates and results of inspections, tests and vaccinations required by the state of Montana. A copy of the health certificate must be mailed immediately to the state veterinarian of Montana, P.O. Box 202001, Helena, Montana 59620-2001 sent to the state veterinarian of Montana.

            (3) through (5) remain the same.

 

AUTH: 81-2-102, 81-2-104, 81-2-703, 81-2-707, 81-20-101, MCA

IMP:  81-2-102, 81-2-104, 81-2-703, 81-20-101, MCA

 

REASON: The department proposes the revision of the required elements of a valid health certificate to be consistent with federal standards, to exclude requiring transporter information and revision of requirements on sending a paper copy of completed health certificates to the department.  The United States Department of Agriculture (USDA) standards require that the health certificate reach the state of origin within seven business days and the state of origin must distribute the certificate to the state of destination within an additional seven business days. As states move more towards electronic options for capturing this movement data, fewer certificates are transferred by mail.

 

Authorizing and implementing citations are being updated to accurately reflect sources of rulemaking authority.

 

            32.3.207  PERMITS (1) 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, final destination, purpose of shipment, method of transportation, including names of transporter, and such other information as the state veterinarian may require.

           (2) and (3) remain the same.

(4) Permits will be mailed provided to persons requesting them immediately upon issue. To facilitate the movement of animals or items required to enter Montana by permit, if the prerequisites have been met, a permit number may be issued by telephone. The permit number so issued must be affixed to the health certificate if required, waybill, brand inspection certificate and any other official documents in this fashion: "Montana Permit No." followed by the number, and may be used in lieu of the official permit.

           (5) remains the same.

 

AUTH:  81-2-102, 81-2-103, 81-2-104, 81-2-707, 81-20-101, MCA

IMP: 81-2-102, 81-2-103, 81-2-104, 81-2-703, 81-20-101, MCA

 

REASON: The department proposes to remove transporter information as a requirement for obtaining an import permit to be consistent with the proposed revision of the required elements of a valid health certificate in ARM 32.3.206 and consistent with federal standards. The department also proposes removing provisions referencing mailing issued permits because permits are not always issued in paper format.

 

Authorizing and implementing citations are being updated to accurately reflect sources of rulemaking authority.

 

            32.3.212  ADDITIONAL REQUIREMENTS FOR CATTLE AND DOMESTIC BISON (1) Female cattle and domestic bison over the age of four months imported into the state of Montana for any purpose other than immediate slaughter must be official vaccinates except as follows:

(a) cattle and domestic bison being transported or moved through Montana with no intent to unload in the state.  In an emergency situation, they may be unloaded in compliance with quarantine rules promulgated by the Department of Livestock under 81-2-102, MCA;

(b) spayed cattle and domestic bison;

(c) nonvaccinated female cattle and domestic bison placed under a hold order for brucellosis vaccination or spaying within 30 days of arrival; or

(d) nonvaccinated cattle and domestic bison from a:

(i) state, area, or territory that has been brucellosis class free for ten years or more; or

(ii) brucellosis free state, area, or territory as designated by the Board of Livestock.

(2) U.S. origin nonvaccinated female cattle and domestic bison, 12 months of age and older, must have a negative brucellosis test no more than 30 days prior to arrival, unless originating from an area as defined in (1)(d).

(3) All non-U.S. origin sexually intact cattle and domestic bison 12 months of age and older must have a negative brucellosis test no more than 30 days prior to arrival.

(4) Test-eligible Tuberculosis test-eligible cattle and domestic bison originating from a tuberculosis accredited free U.S. state or zone require a negative tuberculosis test within 60 days prior to importation if they:

(a) are M-branded; or

(b) are Mx-branded; or

(c) have been in contact or exposed to M-branded, Mx-branded, or other cattle originally from Mexico; or

(d) are sexually intact dairy cattle, except:

(i) dairy cattle who originate directly from an accredited tuberculosis free herd; or

(ii) dairy cattle less than six months of age accompanied by a tuberculosis test-negative dam.

(5) remains the same.

(6) Test-eligible Tuberculosis test-eligible cattle that are dairy cattle, sporting bovines, or sexually intact beef cattle, and sexually intact domestic bison originating from a tuberculosis modified accredited advanced U.S. state or zone must meet one of the following:

(a) one negative tuberculosis test within 60 days prior to importation; or

(b) one negative tuberculosis test within six months and part of a whole herd test; or

(c) originate directly from an accredited tuberculosis free herd; or

(d) less than six months of age and accompanied by a tuberculosis test-negative dam.

(7) Test-eligible Tuberculosis test-eligible cattle that are dairy cattle, sporting bovines, or sexually intact beef cattle, and sexually intact domestic bison originating from a tuberculosis modified accredited U.S. state or zone must meet one of the following requirements:

(a) two negative tuberculosis tests 60-120 days apart, with the second test occurring within 60 days prior to importation into Montana; or

(b) one negative tuberculosis test within 60 days prior to importation into Montana and part of a whole herd test within the last 12 months; or

(c) one negative tuberculosis test within 60 days prior to importation into Montana and originate directly from an accredited tuberculosis free herd.

(8) Test-eligible Tuberculosis test-eligible cattle that are sexually intact dairy cattle, sporting bovines, or sexually intact beef cattle, and sexually intact domestic bison originating from outside of the United States must have one negative tuberculosis test within 60 days prior to importation.  Cattle and domestic bison originating directly from Mexico must meet the requirements set forth in ARM 32.3.212B.

(9) Cattle and domestic bison less than two months of age originating from a tuberculosis modified accredited U.S. state or zone must be quarantined for testing between two and four months of age.

(10) through (14) remain the same.

(15) Domestic bison imported under this rule must be officially identified prior to importation and listed on the official health certificate.

(16) Domestic bison imported into Montana must meet the interstate requirements set forth in Title 9 of the Code of Federal Regulations.

 

AUTH: 81-2-102, 81-2-103, 81-2-104, 81-2-707, MCA

IMP: 81-2-102, 81-2-104, 81-2-703, 81-2-704, MCA

 

REASON:  The department proposes that import requirements for domestic bison reflect USDA regulations and treat bison as a program animal with the same import requirements as outlined for cattle for both brucellosis and tuberculosis.  Trichomoniasis regulations are not proposed to be extended to bison.

Authorizing and implementing citations are being updated to accurately reflect sources of rulemaking authority.

 

            32.3.216  HORSES, MULES, AND ASSES (1) Horses, mules, and asses, and other equidae may enter the state of Montana provided they are transported or moved in conformity with ARM 32.3.201 through 32.3.211. All animals must be tested negative for EIA within the previous 12 months as a condition for obtaining the permit required by ARM 32.3.204 32.3.207.

            (2) through (4) remain the same.

            (5) Working equids used for seasonal ranching purposes may be exempt from the requirements of this rule if the animals have been included on a current

grazing herd plan seasonal grazing permit that has received prior approval from the Department of Livestock and the chief livestock sanitary official in a western state that reciprocates with Montana in honoring grazing herd plans seasonal grazing permits.

            (6) Equids being moved directly to a USDA-approved equine slaughter or a licensed equine-approved feedlot establishment may be exempted from EIA test requirements.

            (7) and (8) remain the same.

 

AUTH: 81-2-102, 81-2-707, MCA

IMP: 81-2-102, 81-2-703, MCA

 

REASON: The department proposes updating language referring to grazing herd plans to be consistent with language in ARM 32.3.212 regarding seasonal grazing permits.

 

Authorizing and implementing citations are being updated to accurately reflect sources of rulemaking authority.

 

            32.3.307  DEPARTMENT ORDERED PSEUDORABIES TESTING

            (1) remains the same.

            (2) Orders shall state the approximate number and location of the animals and shall be signed by the state veterinarian or any designated deputy state veterinarian. 

 

AUTH: 81-2-102, 81-2-103, MCA

IMP: 81-2-102, MCA

 

REASON: The department proposes removing the reference to deputy state veterinarians ordering testing for brucellosis because those are not responsibilities that should fall on private veterinarians out in the field as we are asking them to do work for which they are not getting reimbursed; instead, those orders will be issued by the department.

 

            32.3.311  PROCEDURE UPON DETECTION OF PSEUDORABIES

            (1) Immediately upon quarantine of a herd of animals for pseudorabies, the a deputy state veterinarian shall conduct an epidemiological investigation of the infected herd and premises involved to determine methods and actions necessary to extirpate the disease and to determine contact herds, exposed animals, and the sum of the factors responsible for the presence of the disease.

            (2) and (3) remain the same.

 

AUTH:  81-2-102, 81-2-103, MCA

IMP: 81-2-102, 81-2-103, MCA

 

REASON: The department proposes removing the reference to deputy state veterinarians conducting epidemiological investigations because those are not responsibilities that should fall on private veterinarians out in the field as we are asking them to do work for which they are not getting reimbursed; instead, those investigations will be conducted by the department.

 

Authorizing and implementing citations are being updated to accurately reflect sources of rulemaking authority.

 

            32.3.407  DEPARTMENT ORDERED BRUCELLOSIS TESTING OF ANIMALS  (1) remains the same.

            (2) Orders to test shall be signed by the state veterinarian or any designated deputy state veterinarian.

            (3) remains the same.

 

AUTH: 81-2-102, 81-2-103, MCA

IMP: 81-2-102, 81-2-103, MCA

 

REASON:  The department proposes removing the reference to deputy state veterinarians ordering testing because those are not responsibilities that should fall on private veterinarians out in the field as we are asking them to do work for which they are not getting reimbursed; instead, those orders will be issued by the department.

 

            32.3.411  PROCEDURE UPON DETECTION OF BRUCELLOSIS

            (1) Immediately upon quarantine of a herd for brucellosis a deputy the state veterinarian shall conduct an epidemiological investigation of the infected herd and premises involved to determine the specific methods and actions necessary to eradicate the disease from the herd and to determine contact herds and animals.

            (2) through (4) remain the same.

 

AUTH: 81-2-102, 81-2-103, MCA

IMP:  81-2-102, 81-2-103, MCA

 

REASON: The department proposes removing the reference to deputy state veterinarians conducting epidemiological investigations because those are not responsibilities that should fall on private veterinarians out in the field as we are asking them to do work for which they are not getting reimbursed; instead, those investigations will be conducted by the department.

 

Authorizing and implementing citations are being updated to accurately reflect sources of rulemaking authority.

 

            32.3.412  MEMORANDUM OF UNDERSTANDING (1) Using the epidemiological report required by ARM 32.3.401 32.3.411 as its basis, a memorandum of understanding must be developed between the owner of the infected herd and the department to establish a disease eradication effort for the infected herd. The memorandum shall cover at least the following points:

            (a) through (4) remain the same.

 

AUTH: 81-2-102, 81-2-103, MCA

IMP: 81-2-102, 81-2-103, MCA

 

REASON:  The department proposes correcting the in-text ARM citation.

 

Authorizing and implementing citations are being updated to accurately reflect sources of rulemaking authority.

 

            32.3.433  DESIGNATED SURVEILLANCE AREA (1) through (1)(c) remain the same.

            (d) Beaverhead County – from Madison-Beaverhead County line, south of Sweetwater Road to East Bench Road near Dillon, then south of East Canal Bench Road to White Lane, then south of White Lane to Blacktail Road, then south of Blacktail Road to Highway 91, then west of Highway 91 to Interstate 15 business loop, then south of Interstate 15 business loop to Interstate 15, then east of Interstate 15, then south of Dell Airport Road, then east of Westside Frontage Road, then south of Big Sheep Creek Road, then south of Meadow Creek to the Montana/Idaho border.

(2) A map of the designated surveillance area follows:

 

 

AUTH: 81-2-102, 81-2-103, 81-2-104, MCA

IMP: 81-2-101, 81-2-102, 81-2-103, 81-2-104, MCA

 

REASON:  The department proposes a designated surveillance area boundary change.  The map below shows the proposed boundary addition. Our prior map without the proposed addition is being stricken.

 

A recent elk study conducted in the Tendoy Mountains (outside of the current designated surveillance area), by the Montana Department of Fish, Wildlife and Parks revealed a brucellosis-exposed elk indicating a prevalence of the disease in wildlife in the area.  Due to the potential of livestock exposure to Brucella and to help protect Montana livestock producers and its trading partners from the introduction of potentially infected livestock, a designated surveillance area boundary change is necessary to include cattle or domestic bison that may utilize ground within the range of these elk.

 

 

32.3.436  BRUCELLOSIS VACCINATION WITHIN THE COUNTIES IN WHICH THE DSA IS LOCATED (1) Within the entirety of counties in which the DSA is located all All sexually intact female cattle and domestic bison that are four 12 months of age or older as of January 1 of any year in a county that borders or contains the DSA must be O official Calfhood V vaccinates (OCV).

(a) Female cattle or domestic bison that are not OCV eligible may become Official Adult Vaccinates (AV).

(a) (b) Variances or exceptions to requirements will be considered on an individual basis by the administrator.

 

AUTH: 81-2-102, 81-2-103, 81-2-104, MCA

IMP: 81-2-101, 81-2-102, 81-2-103, 81-2-104, 81-2-105, 81-2-110, 81-2-111, MCA

 

REASON: The department proposes to amend the rule to include vaccination requirements for counties that border a DSA, including designated surveillance areas in adjacent states, due to the inability to control and predict the movement of brucellosis positive elk. The brucellosis vaccination requirements in areas outside of the DSA proves a buffer to prevent the spread of brucellosis in domestic livestock.  In addition to the vaccination requirements in the current counties of Beaverhead, Gallatin, Madison, and Park, this amendment would add Broadwater, Carbon, Jefferson, Stillwater, and Sweet Grass counties.

 

Implementing citations are being updated to accurately reflect sources of rulemaking authority. 

 

32.3.1003  CONTAMINATED PREMISES (1) The stalls, stables, sheds, equipment, utensils, and premises occupied or contaminated by animals that have died of anthrax must be completely cleaned and disinfected under the supervision of a deputy the state veterinarian.

            (2) remains the same.

 

AUTH: 81-2-102.htm" target="MCA">81-2-102, MCA

IMP: 81-2-102, MCA

 

REASON: The department proposes removing the reference to deputy state veterinarians supervising, cleaning, and disinfecting anthrax-positive premises because those are not responsibilities that should fall on private veterinarians out in the field as we are asking them to do work for which they are not getting reimbursed; instead, these activities will be conducted by the department.

 

            32.4.101  DEFINITIONS In this subchapter the following terms have the meanings or interpretations indicated below and must be used in conjunction with and supplemental to those definitions contained in 87-4-406, MCA.

            (1) through (4) remain the same.

            (5) "Certificate of veterinary inspection" means the Department of Livestock inspection certificate form designed to fulfill the requirements of a certificate of inspection under ARM 32.18.201 32.3.201 and conforming to the requirements of the health certificate under ARM 32.3.206, for the inspection of alternative livestock. The form must include the number, species, age, sex, individual animal identification, owner, alternative livestock farm information and the reason for the inspection.

            (6) through (18) remain the same.

            (19) "Herd tattoo" means the recorded whole herd mark or brand required by 81-3-104 81-3-102, MCA for alternative livestock identification.

            (20) through (32) remain the same.

 

AUTH: 87-4-422, MCA

IMP:  87-4-422, MCA

 

REASON: The department proposes in-text corrections to the ARM and MCA citations.

 

            32.4.202 IDENTIFICATION OF OMNIVORES AND CARNIVORES

            (1) Omnivores and carnivores shall be tattooed as required by 87-1-231 87-6-701, MCA.

            (2) and (3) remain the same.

 

AUTH: 87-4-422, MCA

IMP:  87-4-422, MCA

 

REASON: The department proposes correcting the in-text MCA citation.

 

            32.4.601 IMPORTATION OF ALTERNATIVE LIVESTOCK (1) through (4)(a)(ii) remain the same.

            (iii) For elk, t The herd of origin must be certified as free of central nervous system (CNS) symptoms for the last five years; and

            (iv) through (10) remain the same.

 

AUTH:  81-2-102, 81-2-103, 81-2-402, 81-2-707, 87-4-422, MCA

IMP: 81-2-102, 81-2-103, 81-2-402, 81-2-403, 81-2-703, 81-2-707, 81-3-102, 87-4-414, 87-4-422, MCA

 

REASON: The department proposes including deer in the requirement that source herds be free from signs of neurologic disease.

 

Implementing citation is being updated to accurately reflect sources of rulemaking authority.

 

4. The department proposes to repeal the following rules:

 

32.3.224 DOMESTIC BISON

 

AUTH: 81-2-102, 81-2-103, MCA

IMP: 81-2-102, 81-2-103, MCA

 

REASON:  The department has proposed that import requirements for domestic bison be consolidated in ARM 32.3.212 with those for cattle making this rule unnecessary.

 

            32.3.430 QUARANTINE AND RETEST OF SUSPECT ANIMALS IN NEGATIVE HERD

 

AUTH: 81-2-102, 81-2-103, MCA

IMP:  81-2-102, MCA

 

REASON: The department proposes repealing this rule as the language is not consistent with current scientific practice.  Currently the department manages suspect cases in consultation with the USDA Animal and Plant Health Inspection Service personnel.

 

            32.3.2002 SWINE IDENTIFICATION CODE:  ASSIGNMENT OF CODES

 

AUTH: 81-2-102, MCA

IMP: 81-2-102, MCA

 

REASON: The department proposes repealing this rule as this practice is no longer performed due to the implementation of premises identification numbers at the national level.  The department no longer assigns unique code numbers for Montana swine producers.

 

5. Concerned persons may submit their data, views, or arguments in writing concerning the proposed action to Department of Livestock, 301 N. Roberts St., Room 306, 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., August 3, 2018.

 

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., August 3, 2018.

 

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 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 hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be 209 persons based on new and current DSA landowners, approximately 600 Montana veterinarians, bison producers paying per capita, cattle producer operations with inventory in new OCV counties, and alternative livestock 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. The bill sponsor contact requirements of 2-4-302, MCA, do not apply. 

 

10. 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.

 

 

/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 June 26, 2018.