BEFORE THE Department of FISH, WILDLIFE AND PARKS
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 12.5.706 and the repeal of ARM 12.5.707 pertaining to the removal of Tiber Reservoir from the list of Identified Bodies of Water Confirmed or Suspected for Aquatic Invasive Mussels
NOTICE OF AMENDMENT AND REPEAL
TO: All Concerned Persons
1. On February 25, 2022, the Department of Fish, Wildlife and Parks published MAR Notice No. 12-557 pertaining to the public hearing on the proposed amendment and repeal of the above-stated rules at page 271 of the 2022 Montana Administrative Register, Issue Number 4.
2. The department has amended ARM 12.5.706 as proposed.
3. The department has repealed ARM 12.5.707 as proposed.
4. 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: The department received one comment in support of amending ARM 12.5.706 and repealing ARM 12.5.707.
RESPONSE 1: The department appreciates the public's participation in this rulemaking process.
COMMENT 2: The department received one comment concerning the amendments to ARM 12.5.706, stating the amendments leave no avenue to address treatment and removal should an invasive mussel species be found in the state water bodies.
RESPONSE 2: The language being amended out of ARM 12.5.706 states, "the known existence of aquatic invasive mussels in the areas defined in ARM 12.5.707," referring to the identified bodies of water confirmed or suspected for aquatic invasive mussels. The reference is no longer necessary. ARM 12.5.707 is being repealed due to the removal from the list of Canyon Ferry Reservoir in 2020 and the current removal of Tiber Reservoir. Treatment and removal of invasive species will continue to be addressed through the quarantine measures outlined in ARM 12.5.706(2) and (3).
/s/ Kevin Rechkoff /s/ Hank Worsech
Kevin Rechkoff Hank Worsech
Rule Reviewer Director
Department of Fish, Wildlife and Parks
Certified to the Secretary of State May 17, 2022.