BEFORE THE FISH AND WILDLIFE COMMISSION
OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On October 31, 2013, the Fish and Wildlife Commission (commission) published MAR Notice No. 12-401 pertaining to the proposed amendment of the above-stated rules at page 1886 of the 2013 Montana Administrative Register, Issue Number 20. On April 24, 2014, the commission published the notice of amendment at page 843 of the 2014 Montana Administrative Register, Issue Number 8.
2. In the notice of amendment, the amendments to ARM 12.9.1305 were incorrect. The deletion of (11)(a) was not demonstrated appropriately. The rule, as amended in corrected form, reads as follows, deleted matter interlined, new matter underlined.
12.9.1305 ALLOWABLE LETHAL CONTROL OF THE GRAY WOLF
(1) The commission delegates its authority to the department to authorize lethal control of problem wolves. The department may authorize the following to conduct lethal control of problem wolves:
(a) the department;
(b) USDA Wildlife Services pursuant to an interagency cooperative agreement that outlines the procedures for verifying the needs for lethal control and as part of a coordinated agency response;
(c) Department of Livestock pursuant to an interagency cooperative agreement that outlines the procedures for verifying the needs for lethal control and as part of a coordinated agency response;
control by a livestock owner, immediate family member, employee, or other person authorized by the department with a permit issued by the department under the conditions authorized and specified on the permit;
(e) control to protect human safety; or
(f) control pursuant to 87-1-901, MCA.
(2) through (8) remain as proposed.
(9) The permit must specify:
(a) its duration and expiration date;
(b) total number of wolves that may be lawfully killed through the combined actions of the individuals named on the permit or other department authorization and the department or USDA Wildlife Services;
(c) the geographic area where the permit is valid; and
(d) that wolves may be killed
using means of take authorized by the commission for wolf harvest seasons from the ground and in a manner that does not entail the use of intentional live or dead baits, scents, or attractants or deliberate use of traps or snares, or poisons; or use of radio telemetry equipment.
(10) remains as proposed.
(11) A landowner or landowner agent, pursuant to 87-1-901, MCA, may take a wolf on the landowner's property without permit or license when the wolf is a potential threat as defined in ARM 12.9.1302
to human safety, livestock, or domestic dog until the quota established by the commission under 87-1-901, MCA, is met.
(a) Wolves representing a potential threat to human safety, livestock, or dogs do not include wolves that might routinely use an area as free-ranging wildlife.
(b) and (c) remain as proposed but are renumbered (a) and (b).
AUTH: 87-1-201, 87-1-301, 87-1-901, 87-5-105, 87-5-110, 87-5-131, MCA
IMP: 87-1-201, 87-1-301, 87-1-901, 87-5-102, 87-5-103, 87-5-104, 87-5-105, 87-5-108, 87-5-131, MCA
3. The replacement pages for this corrected notice were submitted to the Secretary of State on June 30, 2014.
/s/ Dan Vermillion
Dan Vermillion, Chairman
Fish and Wildlife Commission
/s/ Rebecca Jakes Dockter
Rebecca Jakes Dockter
Certified to the Secretary of State August 25, 2014