BEFORE THE FISH, WILDLIFE, AND PARKS COMMISSION

OF THE STATE OF MONTANA

TO: All Concerned Persons

1. On June 14, 2007, the Fish, Wildlife, and Parks Commission (commission) proposes to amend the above-stated rule.

2. The commission will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, please contact the commission no later than May 18, 2007, to advise us of the nature of the accommodation that you need. Please contact Hank Worsech, Fish, Wildlife, and Parks, P.O. Box 200701, Helena, MT 59620-0701; telephone (406) 444-2663; fax (406) 444-3707; e-mail hworsech@mt.gov.

3. The proposed amendment provides as follows, stricken matter interlined, new matter underlined:

12.3.185 SUPER-TAG HUNTING LICENSES (1) The department will issue one deer, one elk, one Shiras moose, one mountain sheep, and one mountain goat, one wild buffalo or bison, one antelope, and one mountain lion hunting license each year through a lottery. These hunting licenses are known as "super-tags."

(2) through (7) remain the same.

AUTH: 87-1-271, 87-1-301, MCA

IMP: 87-1-271, MCA

4. The rule amendment is being proposed to implement SB 44 passed in the 2007 legislative session. This legislation allows the commission to add three species to the super-tag lottery. Under SB 44, the Department of Fish, Wildlife, and Parks may sell through lottery one each of the following licenses: antelope, bison (wild buffalo), and mountain lion. These super-tag licenses are in addition to the super-tag licenses already sold through lottery and allowed under HB 235 in the 2005 legislative session. HB 235 was presented to the 2005 legislature as a recommendation from the Private Lands Public Wildlife Council (PLPWC) to create additional funding for the hunting access enhancement program and law enforcement.

The recommendation to add one antelope, one bison, and one mountain lion license to the annual super-tag lottery also came from the PLPWC. The purpose of adding the species was to create additional funding for the hunting access enhancement program. All proceeds from the annual lottery of these hunting licenses are dedicated to hunting access enhancement and law enforcement. It is necessary to amend ARM 12.3.185 to make the rule consistent with statute and carry out legislative intent.

5. Concerned persons may submit their data, views, or arguments concerning the proposed amendment in writing to Hank Worsech, License Bureau Chief, P.O. Box 200701, Helena, MT 59620-0701, or e-mail them to hworsech@mt.gov. Any comments must be received no later than June 8, 2007.

6. If persons who are directly affected by the proposed amendment wish to express their data, views, and arguments orally or in writing at a public hearing, they must make written request for and submit this request along with any written comments they have to Hank Worsech, License Bureau Chief, P.O. Box 200701, Helena, MT 59620-0701, or e-mail them to hworsech@mt.gov. A written request for a hearing must be received no later than June 8, 2007.

7. If the commission receives requests for a public hearing on the proposed action from either 10% 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 hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those persons directly affected has been determined to be 649 based on the number of super-tags sold in 2006.

8. The department maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by this department or commission. Persons who wish to have their name added to the list shall make written request which 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, faxed to the office at (406) 444-7456, or may be made by completing the request form at any rules hearing held by the department.

9. The bill sponsor notice requirements of 2-4-302, MCA, apply and have been fulfilled.

Certified to the Secretary of State April 30, 2007