BEFORE THE FISH AND WILDLIFE COMMISSION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 12.6.2215 pertaining to the classification of caracal cat as a prohibited species

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

 

TO: All Concerned Persons

 

1.  On July 18, 2022, at 9:30 a.m., the Fish and Wildlife Commission (commission) will hold a telephonic public hearing via the ZOOM meeting platform to consider the proposed amendment of the above-stated rule.  There will be no in-person hearing.  Interested parties may access the remote conferencing in the following way:

 

(a) Dial by telephone: 1 213 338 8477 

Meeting ID: 810 8764 0893

Passcode: 650304

 

2. The commission will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Fish, Wildlife and Parks (FWP), no later than 5:00 p.m. on July 8, 2022, to advise us of the nature of the accommodation that you need.  Please contact Jessica Snyder, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, Montana, 59620-0701; telephone (406) 444-9785; or e-mail jesssnyder@mt.gov.

 

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

 

            12.6.2215 LIST OF PROHIBITED SPECIES (1) through (3) remain the same.

            (4)  The following mammals are classified as prohibited species:

            (a)  through (f) remain the same.

            (g) Caracal cat – Caracal caracal;

            (g) through (s) remain the same but are renumbered (h) through (t). 

            (5) through (7) remain the same. 

 

            AUTH: 87-5-704, 87-5-705, 87-5-712, MCA

            IMP:  87-5-707, 87-5-708, 87-5-711, 87-5-712, MCA

 

REASON:  Pursuant to 87-5-702, MCA, any non-native wildlife species are considered exotic wildlife and cannot be imported, possessed, or sold unless allowed by law or commission rule.  The Classification Review Committee (CRC), established in 87-5-708, MCA, is responsible for analyzing classification requests and developing recommendations for classification for the Fish and Wildlife Commission.

 

On January 6, 2021, the Department of Fish, Wildlife and Parks received a petition to classify caracal cats.  The petition stated that the petitioner wished to own a caracal cat as a pet but did not recommend a specific classification.  Caracal cats have not been classified and meet the definition of exotic wildlife.  On September 2, 2021, the CRC voted to recommend the Fish and Wildlife Commission classify caracal cats as prohibited.  The Fish and Wildlife Commission is proposing to classify caracal cats as prohibited as recommended by the CRC.

 

            4. Concerned persons may submit their data, views, or arguments orally at the telephonic hearing. Written data, views, or arguments may also be submitted to: Phil Kilbreath, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, Montana, 59620-0701; or e-mail pkilbreath@mt.gov, and must be received no later than July 22, 2022.

 

5. Jessica Snyder or another hearing officer appointed by the department has been designated to preside over and conduct the hearing.

 

6. The department maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by the department or commission. Persons who wish to have their name added to the list shall make a written request that includes the name and mailing address of the person to receive the notice and specifies the subject or subjects about which the person wishes to receive notice. Such written request may be mailed or delivered to: Department of Fish, Wildlife and Parks, Legal Unit, P.O. Box 200701, 1420 East Sixth Avenue, Helena, MT 59620-0701, or may be emailed to jesssnyder@mt.gov.

 

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

 

8. With regard to the requirements of 2-4-111, MCA, the commission has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.

 

 

/s/ Zach Zipfel                                              /s/ Lesley Robinson

Zach Zipfel                                                   Lesley Robinson

Rule Reviewer                                             Chair

                                                                     Fish and Wildlife Commission

           

Certified to the Secretary of State June 14, 2022.