Administrative Rules of the State of Montana

BEFORE THE FISH AND WILDLIFE COMMISSION

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 12.6.2208 pertaining to the classification of caracal cat as a controlled species

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NOTICE OF PUBLIC HEARING ON PROPOSED AMENDMENT

TO: All Concerned Persons

1. On December 1, 2022, at 9:30 a.m., the Fish and Wildlife Commission (commission) will hold a telephonic public hearing via the ZOOM meeting platform to consider the proposed amendment of the above-stated rule. There will be no in-person hearing. Interested parties may access the remote conferencing in the following way:

(a) Dial by telephone: 1 213 338 8477

Meeting ID: 832 6279 4945

Passcode: 525662

2. The commission 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 of Fish, Wildlife and Parks (FWP), no later than 5:00 p.m., on November 18, 2022, to advise us of the nature of the accommodation that you need. Please contact Jessica Snyder, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, Montana, 59620-0701; telephone (406) 444-9785; or e-mail jesssnyder@mt.gov.

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

12.6.2208 LIST OF CONTROLLED SPECIES (1) through (3) remain the same.

(4) The following mammals are classified as controlled species:

(a) Caracal cat – Caracal caracal; and

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

AUTH: 87-5-704, 87-5-705, 87-5-712, MCA

IMP: 87-5-705, 87-5-707, 87-5-709, 87-5-711, 87-5-712, MCA

REASON: On June 24, 2022, the commission published MAR Notice No. 12-560 at page 950 of the 2022 Montana Administrative Register pertaining to a proposed amendment listing caracal cat as a prohibited species. On November 4, 2022, the commission published a notice of decision on page 2189 of the 2022 Montana Administrative Register not adopting the proposed amendments due to the public comments received opposed to the proposal.

Instead of classifying the caracal as prohibited, the commission is proposing to classify caracal cat as a controlled species. Persons who wish to possess caracal cats will be subject to the permit requirements listed in ARM 12.6.2210.

4. Concerned persons may submit their data, views, or arguments orally at the telephonic hearing. Written data, views, or arguments may also be submitted to: Phil Kilbreath, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, Montana, 59620-0701; or e-mail pkilbreath@mt.gov, and must be received no later than December 2, 2022.

5. Jessica Snyder or another hearing officer 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 a 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: Department of Fish, Wildlife and Parks, Legal Unit, P.O. Box 200701, 1420 East Sixth Avenue, Helena, MT 59620-0701, or may be emailed to jesssnyder@mt.gov.

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 commission has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.

/s/ Zach Zipfel /s/ Lesley Robinson

Zach Zipfel Lesley Robinson

Rule Reviewer Chair

Fish and Wildlife Commission

Certified to the Secretary of State October 25, 2022.