Administrative Rules of the State of Montana

BEFORE THE DEPARTMENT OF LIVESTOCK

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 32.4.201, 32.4.301, 32.4.601, 32.4.701, 32.4.1301, 32.4.1302, 32.4.1303, 32.4.1309 pertaining to identification of, inspection of, importation of alternative livestock, transport within and into Montana, definitions, requirements for mandatory surveillance of Montana alternative livestock cervidae for chronic wasting disease, alternative livestock monitored herd status for chronic wasting disease, and import requirements for cervids

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NOTICE OF PROPOSED AMENDMENT

NO PUBLIC HEARING CONTEMPLATED

1. On March 18, 2013, the Department of Livestock proposes to amend the above-stated rules.

2. The Department of Livestock will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of this notice. If you require an accommodation, contact the Department of Livestock no later than 5:00 p.m. on February 22, 2013, to advise us of the nature of the accommodation that you need. Please contact Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001; telephone: (406) 444-9321; TTD number: 1 (800) 253-4091; fax: (406) 444-4316; e-mail: cmackay@mt.gov.

3. The rules as proposed to be amended provide as follows, stricken matter interlined, new matter underlined:

32.4.201 IDENTIFICATION OF ALTERNATIVE LIVESTOCK WITH THE EXCLUSION OF OMNIVORES AND CARNIVORES (1) through (2)(c) remain the same.

(3) Under the authority of 87-4-414, MCA, and 9 CFR 55 and 81, each alternative livestock will be marked with ~~a Montana official eartag issued by the department~~ two forms of official identification approved by the department. One approved method of identification will be the Montana official eartag.

(a) through (5) remain the same.

AUTH: 87-4-422, MCA

IMP: 87-4-422, MCA

32.4.301 INSPECTION OF ALTERNATIVE LIVESTOCK (1) through (1)(c) remain the same.

(i) Prior to the movement of the animal, the owner must call ~~a department-designated agent~~ the department (Helena office), and file an intent to transport the animal and schedule the inspection of the animal at the destination vet clinic. Prior to movement of the animal, an alternative livestock veterinarian must review the animal's reported condition and determine it to be an "emergency."

(ii) An inspection must be completed by ~~a designated agent of the department~~ an alternative livestock veterinarian prior to movement from the vet clinic and return to the alternative livestock farm; and

(iii) remains the same.

(d) ~~Under circumstances of force majeure, the department may grant a waiver to transport an animal without prior inspection.~~ Animals transported directly to an approved slaughter facility may be transported without prior inspection if the following conditions are met:

(i) all animals on the permit are required to be officially identified with a Montana eartag; and

(ii) prior to the movement of the animal, the alternative livestock licensee or their agent must call the department (Helena office) and request a transport permit number, provide the department the complete individual animal identification, age, sex, and species of each animal intended for shipment and the immediate destination of the animals; and

(iii) the department (Helena office) will issue a transport permit number that will be valid for 48 hours from the time of issue to allow movement of the animals from the alternative livestock farm to the approved slaughter facility; and

(iv) the transport permit number must be written on a department-approved form, a copy of which must accompany the animal(s) to the destination; and

(v) the alternative livestock licensee shall retrieve the alternative livestock animal head(s), all official identification tags, an official receipt for the animal(s) from the slaughter facility; and

(A) for animals meeting test age criteria, the licensee shall ensure the appropriate CWD testing samples are submitted by an alternative livestock veterinarian to an approved laboratory for testing; and

(vi) movement of alternative livestock must be in a secured and enclosed vehicle; and

(vii) the alternative livestock licensee shall provide a copy of the transport permit and an appropriate receipt from the slaughter facility to the department (Helena office) within five days of the animal’s arrival at the slaughter facility.

(e) through (2)(b) remain the same.

(3) Alternative livestock that are ~~marketed for hunting purposes or an animal~~ slaughtered on the alternative livestock farm must be inspected by ~~a department-designated agent~~ an alternative livestock veterinarian.

(a) and (a)(i) remain the same.

(ii) The department (Helena office) must give permission for the owner or owner's agent to move the animal from the alternative livestock farm. A transport number or certificate of identification number will be given to the alternative livestock ~~farmer~~ licensee. This number must be listed on the bill of sale for the animal or other department-specified form. The valid bill of sale for the animal or department-approved form must accompany the animal to its destination.

(iii) remains the same.

(b) If a department-designated agent is present on the licensed alternative livestock farm at the time of ~~the hunt or~~ slaughter, the department will waive the requirement to inform the Helena office. ~~and t~~ The inspection of the animal pursuant to 87-4-416, MCA, must be completed prior to movement of the animal carcass, meat, or parts from the alternative livestock farm.

(4) and (5) remain the same.

(6) The inspection shall permit the movement of the alternative livestock from the place of inspection immediately to the destination shown on the inspection certificate. No diversion or off-loading of the alternative livestock will be permitted without approval from the department and further inspection. A certificate of inspection shall permit the movement of the alternative livestock identified thereon for no more than ~~72 hours~~ ten days after ~~time~~ the date of ~~issue~~ inspection.

(7) remains the same.

AUTH: 87-4-422, MCA

IMP: 87-4-422, MCA

32.4.601 IMPORTATION OF ALTERNATIVE LIVESTOCK (1) through (9) remain the same.

(10) Importation of alternative livestock semen must meet the applicable requirements of ARM ~~32.2.220~~ 32.3.220.

AUTH: 87-4-422, MCA

IMP: 87-4-422, MCA

32.4.701 TRANSPORT WITHIN AND INTO MONTANA (1) Prior to movement of alternative livestock within Montana, the animals must be inspected pursuant to 81-3-203(1) through (3), MCA, excluding those exceptions outlined in ARM ~~32.3.301~~ 32.4.301.

(2) When transporting alternative livestock within and into Montana, the animal shipment shall be accompanied by the inspection certificate or transport permit and if a change of ownership has occurred, a valid bill of sale must accompany the shipment. If the animals are moved in more than one vehicle, the driver of each vehicle shall have in his possession a copy of the inspection certificate or transport permit, and bill of sale.

(3) through (5) remain the same.

AUTH: 87-4-422, MCA

IMP: 87-4-422, MCA

32.4.1301 DEFINITIONS In this subchapter, the following terms have the meanings or interpretations indicated below and must be used in conjunction with and supplemental to those definitions contained in 87-4-406, MCA, ARM 32.4.101, and any subsequent department rule or order including 9 CFR 55 and 81.

(1) through (9) remain the same.

(10) "CWD test-eligible cervids" means cervids, excluding wild cervids, 16 12 months of age or greater that die for any reason.

(11) through (17) remain the same.

AUTH: 81-2-103, 87-4-422, MCA

IMP: 81-2-103, 87-4-422, MCA

32.4.1302 REQUIREMENTS FOR MANDATORY SURVEILLANCE OF MONTANA ALTERNATIVE LIVESTOCK FARM CERVIDAE FOR CHRONIC WASTING DISEASE (1) through (3) remain the same.

(a) Tissue samples and/or specimens must be submitted from all CWD test-eligible alternative livestock farm cervids unless a waiver to tissue sample and/or specimen submission has been granted by the state veterinarian. in accordance to (3)(b).

~~(b)~~ (a) The state veterinarian may, at his discretion, grant a waiver to tissue sample and/or specimen submission from alternative livestock. ~~farm cervids if the following conditions are met~~ The following conditions may be considered:

(i) through (4) remain the same.

(a) The monitored status of the herd may be reclassified to "~~monitored, status unknown~~ suspended."

(b) The cervid herd may be placed under a hold order ~~for 48 months~~.

AUTH: 81-2-103, 87-4-422, MCA

IMP: 81-2-103, 87-4-422, MCA

32.4.1303 ALTERNATIVE LIVESTOCK MONITORED HERD STATUS FOR CHRONIC WASTING DISEASE (1) through (1)(b)(iv) remain the same.

(v) Level V is the status of a herd after completion of five ~~or more~~ years of required surveillance. For those enrolled in the voluntary federal CWD herd certification plan, one year from the date a herd is placed in Level 5 status, the herd status will be changed to Certified, and will remain in Certified status as long as it is enrolled in the program, provided its status is not lost or suspended in accordance with these rules.

(c) "~~CWD monitored, status pending~~ Suspended" is the status of a herd that has been identified as a CWD affected, exposed, or trace herd or does not comply with ARM 32.4.1302.

AUTH: 81-2-103, 87-4-422, MCA

IMP: 81-2-103, 87-4-422, MCA

32.4.1309 IMPORT REQUIREMENTS FOR CERVIDS (1) All imported cervids, including wild cervids, alternative livestock farm and publicly or privately owned captive animals, must meet the import requirements of ARM Title 32, chapter 3, subchapter 2, Title 81, chapter 2, part 7, MCA, ARM 32.4.601, and any other rules or orders issued by the department under the authority of 81-2-103, MCA, as well those of 9 CFR 55 and 81.

(2) through (2)(b) remain the same.

(c) The exporting herd has participated in a CWD surveillance program that meets the department's requirements for a minimum of 12 60 months prior to importation into Montana.

(3) and (4) remain the same.

AUTH: 81-2-103, 87-4-422, MCA

IMP: 81-2-103, 87-4-422, MCA

Reason: Alternative Livestock producers made requests to the department for changes in administrative rule. Based on these requests the department proposes the changes listed above. Producers have found the current 72-hour certificate of veterinary inspection is insufficient to accommodate weather events and other unforeseen circumstances. Changes to the transport rules will allow transport to a slaughter facility without prior veterinary inspection. Other proposed changes in transport rules are to conform to the new federal CWD rules, and to rescind Official Order 00-01-GF dated 2/17/2000.

4. Concerned persons may submit their data, views, or arguments in writing to Christian Mackay, 301 N. Roberts St., Room 308, P.O. Box 202001, Helena, MT 59620-2001, by faxing to (406) 444-1929, or by e-mailing to MDOLcomments@mt.gov to be received no later than 5:00 p.m., March 8, 2013.

5. If persons who are directly affected by the proposed action wish to express their data, views, and arguments orally or in writing at a public hearing, they must make a written request for a hearing and submit this request along with any written comments they have to the same address as above. The written request for hearing must be received no later than 5:00 p.m. March 8, 2013.

6. If the department receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a public hearing will be held at a later date. Notice of the public hearing will be published in the Montana Administrative Register. Ten percent of those persons directly affected has been determined to be more than 25, based upon the population of the state.

7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this agency. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies for which program the person wishes to receive notices. Notices will be sent by e-mail unless a mailing preference is noted in the request. Such written request may be mailed or delivered to the contact person in number 4 above or may be made by completing a request form at any rules hearing held by the department.

8. An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register. The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered. In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.

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

DEPARTMENT OF LIVESTOCK

BY: /s/ Christian Mackay BY: /s/ George H. Harris

Christian Mackay George H. Harris

Executive Officer Rule Reviewer

Board of Livestock

Department of Livestock

Certified to the Secretary of State January 22, 2013.