Montana Administrative Register Notice 32-14-249 No. 11   06/12/2014    
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In the matter of the amendment of ARM 32.3.433, designated surveillance area





TO: All Concerned Persons


            1. On July 2, 2014, at 10:00 a.m. the Department of Livestock will hold a public hearing in the sale ring at Headwaters Livestock, 25 Wheatland Road, Three Forks, Montana, to consider the proposed amendment of the above-stated rule.


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 June 25, 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 rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:


                32.3.433 DESIGNATED SURVEILLANCE AREA  (1) The designated surveillance area (DSA) of Montana is described as:

            (a) Park County – south of Interstate 90;

            (b) Gallatin Countysouth of Interstate 90 from the Park-Gallatin County line to U.S. Highway 191 at Bozeman, then south of U.S. Highway 191 to Highway 84, from Bozeman then south of Highway 84 to Churchill Road, then west of Churchill Road to Interstate 90 at Manhattan, then all other areas in Gallatin County south of Interstate 90, but west of Churchill Road to Gallatin-Madison County line;

            (c) Madison County – south of Highway 84 east of Highway 287 from its northern crossing of the Gallatin-Madison County line to Norris, then east of U.S. Highway 287 from Norris to Ennis, then south of State Highway 287 from Ennis to Alder, then east of State Rd. 357 (Upper Ruby Road) to Sweetwater Road, then south of Sweetwater Road to the Madison-Beaverhead County line; and

            (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 to the Montana/Idaho border.


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


A map of the designated surveillance area


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


Reasonable Necessity: A recent elk study conducted in the Blacks Ford and Red Mountain areas (outside of the current designated surveillance area), by the Montana Department of Fish, Wildlife and Parks revealed a significant number of brucellosis-exposed elk.   Due to the potential of Brucella exposure to livestock 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 operations that overlap with the range of these elk in the designated surveillance area.


Montana Code Annotated citations are being removed as their relationship to the rule is unclear. 


            4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted 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., July 10, 2014.


5. Dr. Eric Liska, Department of Livestock, has been designated to preside over and conduct this hearing.


6. 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.


7. 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.


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


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




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 June 2, 2014.



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