Administrative Rules of the State of Montana

BEFORE THE Department of AGRICULTURE

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 4.12.113 pertaining to apiary registration fees

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NOTICE OF AMENDMENT

TO: All Concerned Persons

1. On January 29, 2015, the Department of Agriculture published MAR Notice No. 4-14-223 pertaining to the public hearing on the proposed amendment of the above-stated rule at page 45 of the 2015 Montana Administrative Register, Issue Number 2.

2. The department has amended the above-stated rule as proposed.

3. The department has thoroughly considered the comments and testimony received. A summary of the comments received and the department's responses are as follows:

COMMENT 1: Three people responded that the fee increase was too high especially for hobbyist beekeepers.

RESPONSE 1: Hobbyist beekeepers are generally inspected only on request and are not charged for inspections. In addition to inspections we also coordinate with apiary programs in other states to ensure that bees imported into Montana are accompanied by certification that they have been inspected and are free of disease. For states without an inspection program (Washington, for example) we do our best to inspect imported bees on arrival in Montana.

What prompts a fee increase is the increased cost of providing these and related services to approximately 80 commercial beekeepers and about the same number of small-scale hobbyist and landowner beekeepers. Travel costs are significant in a state the size of Montana, as are the costs of qualified personnel and ordinary things like keeping the lights on, insuring the vehicles, and office space. We have not had a fee increase in the apiary program since 2009. It is the minimum amount of fee increase for the continued service to the industry.

/s/ Cort Jensen /s/ Ron de Yong

Cort Jensen Ron de Yong

Rule Reviewer Director

Certified to the Secretary of State March 16, 2015.