Montana Administrative Register Notice 12-524 No. 24   12/27/2019    
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In the matter of the amendment of ARM 12.5.707 pertaining to Removing Canyon Ferry Reservoir from the list of Identified Bodies of Water Confirmed or Suspected for Aquatic Invasive Mussels









TO: All Concerned Persons


           1. On January 22, 2020, at 6:00 p.m., the Department of Fish, Wildlife and Parks (department) will hold a public hearing at the Fish, Wildlife and Parks Headquarters Building, 1420 E. 6th Avenue, Helena, Montana, to consider the proposed amendment of the above-stated rule.


2. The department will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than January 10, 2020, to advise us of the nature of the accommodation that you need. Please contact Kaedy Gangstad, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, Montana, 59620-0701; telephone (406) 444-4594; or e-mail kgangstad@mt.gov.


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


            12.5.707  IDENTIFIED BODIES OF WATER CONFIRMED OR SUSPECTED FOR AQUATIC INVASIVE MUSSELS (1) The department has identified the following bodies of water as invasive species management areas because they are infested with confirmed or suspected aquatic invasive mussels:

            (a)  Canyon Ferry Reservoir; and

            (b) remains the same but is renumbered (a).

            (2) through (5) remain the same.


AUTH: 80-7-1007, 80-7-1008, 80-7-1010, 87-1-201, MCA

IMP: 80-7-1008, 80-7-1010, 80-7-1011, MCA


REASON: In 2017, the detection of invasive mussel larvae resulted in quarantine requirements and the listing of "suspect" for invasive mussels for Canyon Ferry Reservoir.  Following regional guidelines for invasive mussel detection, intensive early detection monitoring was conducted for three years.  Following three years of no invasive mussel detection, regional guidelines allow for the delisting of a suspect waterbody and the removal of the mandatory exit inspection requirements.


           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: Tom Woolf, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, Montana, 59620-0701; or e-mail Thomas.Woolf@mt.gov, and must be received no later than January 24, 2020.


5. Kaedy Gangstad or another person appointed by the department has been designated to preside over and conduct the hearing.


6. The department maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by the department or commission. Persons who wish to have their name added to the list shall make written request that includes the name and mailing address of the person to receive the notice and specifies the subject or subjects about which the person wishes to receive notice. Such written request may be mailed or delivered to Fish, Wildlife and Parks, Legal Unit, P.O. Box 200701, 1420 East Sixth Avenue, Helena, MT 59620-0701, or may be made by completing the request form at any rules hearing held by the department.


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


8. 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.



/s/ Aimee Hawkaluk                                   /s/ Martha Williams

Aimee Hawkaluk                                        Martha Williams

Rule Reviewer                                            Director

                                                                   Department of Fish, Wildlife and Parks


Certified to the Secretary of State December 17, 2019.


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