BEFORE THE Department of LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.3.104 subject diseases or conditions and 32.4.502 pertaining to importation of restricted or prohibited alternative livestock

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NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On June 7, 2019, the Department of Livestock published MAR Notice No. 32-19-297 regarding the proposed amendment of the above-stated rules at page 714 of the 2019 Montana Administrative Register, Issue Number 11.

 

2. At the request of representatives from the captive cervid industry to allow the representatives adequate time to gather data for the completion of their comments, on July 5, 2019, the department extended the comment period for MAR Notice No. 32-19-297 to August 5, 2019, at page 947 of the 2019 Montana Administrative Register, Issue Number 13.  

 

3. The department has amended ARM 32.3.104 as proposed. 

 

4. The department received one comment in support of the proposed changes for ARM 32.3.104.  Thank you for your comment.  The department agrees the proposed changes to Montana's reportable disease list are appropriate. 

 

           5.  The department is not proceeding with the proposed rule amendment for ARM 32.4.502 pertaining to importation of restricted or prohibited alternative livestock. The department received multiple comments on the proposed rule. The comments addressed three specific areas regarding the proposal. These include: the authority of the department to enact such rules, the potential for the proposed rule to be in violation of the Commerce Clause of the U.S. Constitution, and a lack of scientific evidence to support the proposed changes. The department appreciates all the comments received. The department has taken these comments into consideration and intends to file a replacement notice of proposed rulemaking at a future date in order to address these concerns.

 

 

BY:      /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 October 8, 2019.