BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.3.201 definitions; 32.3.212 additional requirements for cattle; 32.3.214 special requirements for goats; 32.3.1201, 32.3.1202, 32.3.1203, 32.3.1204, 32.3.1205, 32.3.1206, 32.3.1207 rabies; 32.4.1302 alternative livestock

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

TO: All Concerned Persons

 

1. On November 30, 2013, the Department of Livestock proposes to amend 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. on November 15, 2013, to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, 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: cmackay@mt.gov.

 

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

 

            32.3.201  DEFINITIONS (1) In this subchapter:

            (a)  "Brucellosis test-eligible goat" means all sexually intact goats six months of age or older.

            (a) through (l) remain the same, but are renumbered (b) through (m). 

 

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

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

 

REASON: MDOL deems it necessary to define the age at which animals are eligible to be tested for brucellosis to prevent the testing of animals that are too young to provide valid test results. Also, specifying that only sexually intact animals be eligible for testing is consistent with which animals pose a risk of transmission of the Brucella organism.

 

            32.3.212 ADDITIONAL REQUIREMENTS FOR CATTLE (1) Except as provided in (a), (b), (c), and (d) n No female cattle over the age of four months may be imported into the state of Montana for any purpose other than immediate slaughter unless they are officially vaccinated, by an accredited veterinarian approved in his or her state to administer the vaccination, with a Brucella abortus vaccine approved by the Veterinary Biologics Division, U.S. Department of Agriculture except as follows:

            (a) through (15) remain the same.

 

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

IMP:  81-2-102, 81-2-703, MCA

 

REASON: The wording in (1) was confusing and displayed redundancies.  The unnecessary wording was removed for clarity.

 

            32.3.214 SPECIAL REQUIREMENTS FOR GOATS (1) remains the same.

            (2) Dairy and breeding Brucellosis test-eligible goats may enter the state of Montana provided the animals:

            (a) through (7) remain the same.

 

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

IMP:  81-2-102, 81-20-101, 81-2-103, 81-2-701, MCA

 

REASON: MDOL deems it necessary to define the age at which animals are eligible to be tested for brucellosis to prevent the testing of animals that are too young to provide valid test results. Also, specifying that only sexually intact animals be eligible for testing is consistent with which animals pose a risk of transmission of the Brucella organism.

 

            32.3.1201 REPORTING RABIES (1) and (2) remain the same.

 

AUTH:  81-2-102, 81-2-103, MCA

IMP:  81-2-102, 81-2-103, MCA

 

            32.3.1202 RABIES QUARANTINE (1) through (3) remain the same.

 

AUTH:  81-2-102, 81-2-103, MCA

IMP:  81-2-102, 81-2-103, MCA

 

            32.3.1203 ISOLATION OF RABID OR SUSPECTED RABID ANIMALS

(1) and (2) remain the same.

 

AUTH:  81-2-102, 81-2-103, MCA

IMP:  81-2-102, 81-2-103, MCA

 

            32.3.1204 ISOLATION OF BITING ANIMALS (1) through (3) remain the same.

 

AUTH:  81-2-102, 81-2-103, MCA

IMP:  81-2-102, 81-2-103, MCA

 

            32.3.1205 ANIMAL CONTACTS (1) and (2) remain the same.

 

AUTH:  81-2-102, 81-2-103, MCA

IMP:  81-2-102, 81-2-103, MCA

 

            32.3.1206 STRAY OR OWNERLESS ANIMALS  (1) remains the same.

 

AUTH:  81-2-102, 81-2-103, MCA

IMP:  81-2-102, 81-2-103, MCA

 

            32.3.1207 LABORATORY EXAMINATION REQUIRED (1) remains the same.

 

AUTH:  81-2-102, 81-2-103, MCA

IMP:  81-2-102, 81-2-103, MCA

 

REASON: In order to legally continue to enforce the Administrative Rules of Montana, MDOL feels that it is necessary to cite all applicable sections of Montana Code that give department authority in the management of rabies in both livestock and domestic animals.

 

            32.4.1302 REQUIREMENTS FOR MANDATORY SURVEILLANCE OF MONTANA ALTERNATIVE LIVESTOCK FARM CERVIDAE FOR CHRONIC WASTING DISEASE (1) through (3)(a)(v) remain the same.

            (c) (b)  The state veterinarian may grant a waiver with stipulations that may include, but is not limited to, additional whole herd inspections. A waiver from CWD surveillance does not exempt the licensee from any other requirements for inspection or testing of alternative livestock.

            (d) (c)  The state veterinarian may not grant a waiver to the mandatory surveillance required in this rule for an entire herd or for a cervid from a herd that has been identified as a CWD affected, exposed or trace herd.

            (e) (d)  The licensee is responsible for all costs incurred for the examination of alternative livestock farm cervids, the inspection services, the collection and submission of tissue sample and/or specimens, and the laboratory diagnostic costs.

            (4) and (5) remain the same.

 

AUTH:  81-2-103, 87-4-422 MCA

IMP:  81-2-103, 87-4-422 MCA

 

REASON: The subsection lettering sequence for (3) was discovered to have been in error. The subsections were (a), (c), (d), and (e). The mistake was corrected and the sequence will now flow in sequence.

 

            4. Concerned persons may submit their data, views, or arguments in writing to Christian Mackay, 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 MDOLcomments@mt.gov to be received no later than 5:00 p.m., November 29, 2013.

 

            5. 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. November 29, 2013.

 

            6. 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 population of the state.

 

            7. 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 4 above or may be made by completing a request form at any rules hearing held by the department.

 

            8. 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 the 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.

 

            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 of the above-referenced rules will not significantly and directly impact small businesses.

 

DEPARTMENT OF LIVESTOCK

 

BY:      /s/ Christian Mackay                         BY:      /s/ George H. Harris

            Christian Mackay                                         George H. Harris

            Executive Officer                                          Rule Reviewer

            Board of Livestock

            Department of Livestock

 

            Certified to the Secretary of State October 21, 2013.