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Montana Administrative Register Notice 32-14-246 No. 7   04/10/2014    
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BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 32.18.102, 32.18.103, and 32.18.104, and the repeal of ARM 32.18.203 and 32.18.402 pertaining to age tally marks, numeral marks, placement of digits, import transportation permits, and hides to be marked

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NOTICE OF PROPOSED AMENDMENT AND REPEAL

 

NO PUBLIC HEARING CONTEMPLATED

           

TO: All Concerned Persons

 

            1. On May 12, 2014, 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. on April 30, 2014, 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, stricken matter interlined, new matter underlined:

 

            32.18.102 AGE TALLY MARK (1) Single letter identification marks on cattle using numbers 0 to 9 inclusive may be used for an "age tally mark." and must be placed on the same side as the recorded brand used for ownership.

            (2) The "age tally mark" can only be used when the owner's recorded brand is on the animal(s). The use of this mark is not mandatory may be used on livestock in a manner that does not confuse ownership.

            (a)  If ownership becomes an issue, the department will follow 81-3-204, MCA, and attempt to determine ownership.

 

            AUTH:            81-1-102, MCA

            IMP:                81-1-102, MCA

 

            32.18.103 NUMERAL MARK (1) A "numeral mark" (limited four digits) may be used on the same side as the owner's recorded brand on cattle for individual identification. This mark may be used in addition to the "age tally mark" permitted in ARM 32.18.102 on livestock in a manner that does not confuse ownership.

            (a) If ownership becomes an issue, the department will follow 81-3-204, MCA, and attempt to determine ownership.

            (2) The "numeral mark" can only be used when the owner's recorded brand is on the animal(s). The use of this mark is not mandatory.

            (3) When the "numeral mark" is used on cattle for individual identification a single letter may be used in conjunction therewith for the "age tally mark" for each year. 

           

            AUTH:            81-1-102, MCA

            IMP:                81-1-102, MCA

 

            32.18.104 PLACEMENT OF DIGITS (1) One of the four digits to be used in identification brands can be placed over the over number or in a sequence of four numbers: may be used on livestock in a manner as to not confuse ownership.

            (a) If ownership becomes an issue, the department will attempt to determine ownership and follow 81-3-204, MCA.

            a. Example:

                        9          9

                        to         or 9001 to 9999

                        1          999

            (2) In addition, upon application to the Department of Livestock, Brands Enforcement Division, authorization may be given for the use of five digit number brands or the symbol system.

            (3) Anyone wanting to use a five-digit system or the symbol system may write to the Department of Livestock, Brands Enforcement Division, P. O. Box 202001, Helena, Montana 59620-2001, for an individual description of how they are to be used.

           

            AUTH:            81-1-102, MCA

            IMP:                81-1-102, MCA

 

            4. The department proposes to repeal the following rules:

 

            32.18.203 IMPORT TRANSPORTATION PERMIT which can be found on page 32-701 of the Administrative Rules of Montana.

 

            AUTH:            81-3-202, MCA

            IMP                 81-3-214, MCA

 

            32.18.402 HIDES TO BE MARKED which can be found on page 32-713 of the Administrative Rules of Montana.

 

            AUTH:            81-9-112, MCA

            IMP:                81-9-112, MCA

 

Reason: The department is amending the above-stated rules for clarification and to eliminate redundancy. The department is repealing the above-stated rules to conform with the repeal of pertinent statutes. No fees have been added or changed.

           

            5. Concerned persons may submit their data, views, or arguments concerning the proposed action 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, and must be received no later than 5:00 p.m., May 12, 2014.

 

            6. If persons who are directly affected by the proposed action wish to express their data, views, or 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 to the same address as above. The written request for hearing must be received no later than 5:00 p.m., May 12, 2014.

 

            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 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 directly affected has been determined to be more than 25, based upon the population of the state.

 

            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/ Robert Stutz

            Christian Mackay                                         Robert Stutz

            Executive Officer                                          Rule Reviewer

            Board of Livestock

            Department of Livestock

 

            Certified to the Secretary of State March 31, 2014

 

 

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