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.

(1) "Alternative Livestock" means the animals defined as alternative livestock and cloven hoofed ungulates in 87-4-406, MCA except domestic water buffalo (Bubalus bubalis).

(2) "Alternative livestock veterinarian" means a deputy state veterinarian who has been trained and approved by the department to perform regulatory work on alternative livestock.

(3) "Bill of sale" means the alternative livestock bill of sale form utilized by the Department of Livestock to document the valid transfer of ownership of alternative livestock.

(4) "Catch pen" means a fenced enclosure used in conjunction with the handling facility to hold alternative livestock for individual inspection, marking, or treatment.

(5) "Certificate of veterinary inspection" means the Department of Livestock inspection certificate form conforming to the requirements of the health certificate under ARM 32.3.206, for the inspection of alternative livestock. The form must include the number, species, age, sex, individual animal identification, owner, alternative livestock farm information and the reason for the inspection.

(6) "Confirmation sample" means a second sample taken from the same animal and submitted to a laboratory to confirm the results of the original sample.

(7) "Department" means the Department of Livestock.

(8) "Department designated agent" means an individual empowered by the department to act on behalf of the department in performing regulatory duties strictly defined by department policy.

(9) "Disease, communicable" means a disease that can spread from one animal to another animal or to humans.

(10) "Disease, quarantinable" means any disease defined under ARM 32.3.104, 32.3.116 or identified by order of the state veterinarian.

(11) "Elk-red deer hybrid" means an animal that is produced by the mating of an elk and red deer (Cervus elaphus) and all subsequent progeny.

(12) "Emergency" means a sudden unexpected medical condition demanding immediate medical care not available on the alternative livestock farm whereby if medical treatment is not obtained immediately, the animal may die.

(13) "Alternative livestock farm" means the enclosed land area upon which game farm animals may be kept, as defined by 87-4-406(3), MCA.

(14) "Alternative livestock parts" means parts of an alternative livestock carcass that may be taken from an alternative livestock farm in accordance with the provisions of 87-4-415 and 87-4-416, MCA. Alternative livestock parts does not include the regenerable parts harvested annually from alternative livestock farm animals.

(15) "H of A tag" means the Canadian equivalent of the United States Department of Agriculture (USDA) official eartag.

(16) "Handling device" means a mechanical structure or animal restraining device (such as a squeeze chute) that facilitates inspection and handling of individual alternative livestock.

(17) "Health certificate" has the meaning defined in ARM 32.3.201.

(18) "Herd plan" means a written disease management plan that is designed by the herd owner and the state veterinarian to eradicate disease from an affected herd while reducing human exposure to the disease. The herd plan will include appropriate herd test frequencies, tests to be employed, and any additional disease or herd management practices deemed necessary to eradicate a disease from the herd in an efficient and effective manner.

(19) "Herd tattoo" means the recorded whole herd mark or brand required by 81-3-102, MCA for alternative livestock identification.

(20) "Hybrid test" means a laboratory test recognized for the identification of elk-red deer hybrid animals.

(21) "Members of the same family" means a group whose membership is determined by including an individual, the individual's spouse, and the individual's parents, children, grandchildren, and the spouses of each.

(22) "Montana official eartag" means an alternative livestock identification tag provided by the Department of Livestock that meets the requirements of 87-4-414(4), MCA.

(23) "Permit" means an official document issued by the Montana Department of Livestock after proper application which allows the movement of animals, or biologics into Montana. The permit shall conform to the requirements of ARM 32.3.207.

(24) "Prohibited alternative livestock" means animals that are prohibited from importation for purposes of alternative livestock farming pursuant to 87-4-424, MCA.

(25) "Quarantine facility" means a department approved enclosure, separate from the catch pen and handling device, used to isolate newly acquired or diseased alternative livestock.

(26) "Restricted alternative livestock" means animal species, subspecies and their hybrids subject to specific importation restrictions.

(27) "Solid wall" means a wall constructed with no visible cracks between construction units or underneath the wall unit.

(28) "State waters" means a body of water so defined by 75-5-103, MCA.

(29) "Transfer" means the change in ownership interest or any part of an ownership interest in an alternative livestock animal.

(30) "Transportation" means the movement of alternative livestock to or from a licensed alternative livestock farm to another licensed alternative livestock farm, a market, or any other approved destination.

(31) "USDA official eartag" means an identification eartag that provides unique identification for each individual animal by conforming to the alphanumeric national uniform ear tagging system.

(32) "Whole herd mark" means an artificial mark or brand recorded by the department for the exclusive sole use of the individual in whose name the mark or brand is recorded. The whole herd mark assigned by the department for alternative livestock is the herd tattoo.

(1) Alternative livestock owned or transferred to any alternative livestock farm within the state of Montana must be individually identified by the method prescribed by the department.

(2) Every alternative livestock animal must be marked with a whole herd mark (herd tattoo) registered to an alternative livestock farm animal owner and placed in the location on the animal identified by the department's recorder of marks and brands.

(a) The herd tattoo placed in an animal born on the alternative livestock farm or imported to the alternative livestock farm from out-of-state shall be that of the owner of the animal and is recognized as the original tattoo.

(b) Retattoo of an illegible tattoo shall be done by a designated agent of the department and shall be the original tattoo (herd of origin) of the animal. When an animal is retattooed, the designated agent of the department shall submit a certificate of veterinary inspection to the department documenting the retattoo of the animal and the complete animal identification, age, sex and species information.

(c) The recorded whole herd mark (herd tattoo) has all of the rights of ownership granted under 81-3-105, MCA.

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

(a) Official ear tags will be issued to and applied by alternative livestock veterinarians or other department-designated agents. Alternative livestock veterinarians may choose to delegate authority to apply tags to an alternative livestock licensee within the context of a valid veterinarian-client-patient-relationship. In the circumstance that a licensee applies tags to alternative livestock the following conditions must be met:

(i) The alternative livestock licensee may only apply tags to their own animals in herds that have achieved CWD certified status as defined in ARM 32.4.1303.

(ii) The alternative livestock licensee may apply tags to calves born in the same year as the tagging event. All calf tagging must be completed and reported to the Department of Livestock prior to January 1. Tagging information must be reported to the Department of Livestock on an official department form within five days of the tagging event. If the alternative livestock licensee requests an extension to the January 1 tagging deadline a veterinarian must then apply the tags.

(iii) The alternative livestock licensee may apply replacement tags or tags to adult animals. The animal(s) must have one official tag in place prior to application of the replacement tag.

(b) USDA official eartags and Montana official eartags are nontransferable and can only be removed from an alternative livestock animal by a department-designated agent.

(c) Montana official eartags that are lost from alternative livestock must be surrendered to a department-designated agent or the department as soon as possible after the retrieval of the tag.

(d) All animal identification tags retrieved from alternative livestock by the department-designated agent shall be submitted to an approved diagnostic laboratory with samples for CWD testing or to the department Helena office for animals that are not CWD test eligible.

(4) The unauthorized removal of a Montana official eartag or USDA official eartag, or the alteration or reuse of tags shall constitute a violation of this rule.

(5) The alteration of a whole herd mark except as outlined in (2)(b) of this rule shall constitute a violation of this rule and 81-3-221, MCA.

(1) Omnivores and carnivores shall be tattooed as required by 87-6-701, MCA.

(2) Each omnivore and carnivore shall be identified by microchip identification. The department shall specify the brand of microchip. The owner shall provide the department the microchip number/frequency and location of insertion of the microchip for each animal.

(3) If the animal does not qualify for a waiver under ARM 32.4.203; the animal must be fitted with a collar or other form of identification that meets the requirements of 87-4-414, MCA designated by the Department of Livestock.

(1) Under the authority of 87-4-414(5), MCA, the department may grant a temporary waiver to identification requirements. The licensee may request a temporary waiver if the animal meets the following requirements:

(a) the animal is tattooed in compliance with 81-3-102, MCA, or 87-1-231, MCA; and

(b) for animals 12 months of age and older, the animal has one existing form of approved identification.

(2) Temporary waivers expire January 1 of the year following the year of issuance.

(1) Prior to the sale, transfer of ownership, or transportation of a live animal from a licensed alternative livestock farm, with the exclusion of omnivores and carnivores, the animal must be inspected by the department-designated agent with the following exceptions:

(a) The department may waive the inspection if the sale or transfer of ownership of the alternative livestock animals is between members of the same family and if no change in location of the animals occurs;

(b) Alternative livestock may be moved without inspection between alternative livestock farm properties under one license;

(c) Animals requiring emergency medical treatment may be transported without prior inspection for veterinary treatment if the following conditions are met:

(i) Prior to the movement of the animal, the owner must call the department (Helena office), and file an intent to transport the animal and schedule the inspection of the animal at the destination vet clinic.

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

(iii) Any untagged and untattooed alternative livestock must be tagged and marked in compliance with 87-4-414, MCA and 81-3-102, MCA prior to return to the alternative livestock farm;

(d) Animals transported directly to an approved slaughter facility may be transported without prior inspection if all of the following conditions are met:

(i) all animals are officially identified with a Montana eartag;

(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;

(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;

(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;

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

(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) Omnivores and carnivores must meet the inspection and transportation requirements of the Department of Fish, Wildlife and Parks.

(2) For animals that are killed by predators or die of natural causes, the animal death must be reported to the department (Helena office) within five working days of the discovery of death.

(a) If the animal has been tagged or marked, a department-designated agent must remove the official eartags from the animal and all of the identification tags from the animal must be submitted to the department with a completed certificate of veterinary inspection. The department may allow the animal to be inspected at a location off of the alternative livestock farm and transported in accordance to the procedures outlined in (3)(a).

(b) If the animal has not been tagged and marked, the department may waive the inspection requirement.

(3) Alternative livestock that are slaughtered on the alternative livestock farm must be inspected by an alternative livestock veterinarian.

(a) The alternative livestock including but not limited to the carcass, parts, or meat must be inspected prior to removal from the licensed alternative livestock farm property unless:

(i) The owner or owner's agent of the animal has called the department (Helena office) and has provided the department the complete identification, age, sex, and species of the animal; the immediate destination of the animal; and the name and address of the consignee if the animal was sold.

(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 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) Prior to the movement of the animal from the property, a department-designated agent must be informed by the alternative livestock farm licensee of the immediate destination of the animal. The department-designated agent shall inspect the animal and retrieve the identification tags from the animal. All identification tags, bill of sale (or other approved form), and completed certificate of veterinary inspection must be submitted to the department within five days of completion of the inspection.

(b) If a department-designated agent is present on the licensed alternative livestock farm at the time of slaughter, the department will waive the requirement to inform the Helena office. 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) A valid bill of sale must accompany any sale or transfer of ownership of any alternative livestock farm animal, carcass, meat or parts.

(a) Transfer of ownership of alternative livestock must meet all of the requirements of ARM 32.18.106. The valid bill of sale must bear the signature of one of the recorded owner(s) of the recorded whole herd mark or his assigns.

(b) A copy of the bill of sale must be provided to the department-designated agent at the time of inspection, and the agent shall in turn provide the copy to the department (Helena office).

(c) A copy of the bill of sale must be kept in records maintained by the alternative livestock farm licensee.

(5) The alternative livestock farm licensee shall present alternative livestock for inspection under conditions where the designated agent for the department can safely read all marks and identification on the animals.

(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 ten days after the date of inspection.

(7) Certificates of inspection, bills of sale and identification tags must be mailed to the Helena office within five days of completing the inspection.

(1) An authorized agent of the department may enter the alternative livestock farm and conduct an inspection of the internal facilities and/or animals under the following conditions:

(a) For routine inspection purposes, after contacting the owner/manager of a licensed alternative livestock farm, an authorized agent of the department may enter at reasonable times on the alternative livestock farm to inspect the alternative livestock and the internal facilities.

(b) If the department has reasonable cause to believe that a violation of Title 87, chapter 4, Title 81, chapter 3, MCA, or any rule made under the authority of 87-4-422, MCA, has occurred, an unannounced inspection of the alternative livestock farm internal facilities and/or animals may be conducted.

(c) Upon request, the alternative livestock farm licensee shall present the alternative livestock for inspection under the conditions required by ARM 32.4.301.

(d) The alternative livestock farm licensee is responsible for assembling, handling, and restraining animals and for all subsequent costs incurred to present the animals for inspection.

(2) The department may require the inspection of an escaped, recaptured alternative livestock.

(1) Prior to a change of ownership, movement, transfer, or sale of alternative livestock within Montana, the animals must meet all testing requirements mandated by the state veterinarian under ARM Title 32, chapter 3, subchapters 4 and 6.

(2) The department may waive change of ownership and transportation testing requirements of alternative livestock consigned for slaughter on the immediate alternative livestock farm premises, or consigned to an out-of-state destination with the following conditions:

(a) The waiver from testing does not exempt any requirement for necropsy or post mortem inspection that may be determined to be necessary by the state veterinarian.

(b) No animal consigned to an out-of-state destination may be diverted to an in-state destination if it has not met the test requirements of this rule and without the approval of the department.

(1) All elk imported into Montana must be certified free from elk-red deer hybridization. No elk-red deer hybrid may be imported. 

(2) An elk may be certified free from elk-red deer hybridization by one of the following methods:

(a) Provide an elk-red deer hybridization test result that shows no red deer markers and clearly identifies the animal; or

(b) Provide a North American Elk Breeder Association gold or silver level registration that clearly identifies the animal.

(3) The elk-red deer hybrid test procedures for all alternative livestock farm elk is as follows:

(a) Blood samples must be drawn and submitted by an alternative livestock veterinarian.

(b) The test must be conducted at a department approved laboratory and meet department standards. A copy of all test results must be provided to the department. The licensee shall provide a copy of any positive elk-red deer hybrid results to the Department of Fish, Wildlife and Parks.

(c) Animal test results conducted prior to the adoption of these rules may be accepted if the identity of the animal can be documented to the department.

(d) The owner of any animal identified as an elk-red deer hybrid may submit a second confirmation sample to another approved laboratory within six months of receiving the results of the first hybrid test.

(4) If an elk-red deer hybrid is detected, the animal must be neutered, slaughtered or sold out of state in accordance with ARM 32.4.901. The identity of any animal identified as an elk-red deer hybrid and proof of neutering must be submitted to the department by the alternative livestock veterinarian. The state veterinarian shall determine what is acceptable as proof of neutering.

(1) The use of semen within the state of Montana and the import of semen into the state, for artificial insemination of alternative livestock must meet all of the requirements of 81-2-703, MCA, rules promulgated under the authority of 81-2-703, MCA, and any order of the state veterinarian. 

(2) The sale and importation of gametes and embryos in the state of Montana must meet the requirements for the sale and transfer of alternative livestock, which include, but are not limited to:

(a) the provisions for a bill of sale;

(b) a health certificate; and

(c) importation permit where applicable.

(1) The state veterinarian may require disease testing of an escaped, recaptured alternative livestock prior to reintroduction to the herd.

(1) Under the authority of 87-4-424, MCA, the Department of Fish, Wildlife and Parks has prohibited the possession, purchase, sale or transportation of elk-red deer hybrids.

(2) The transportation or disposition of any restricted or prohibited species must meet all department testing, transportation, sale, slaughter, and inspection requirements for alternative livestock.

(3) Five days advance notice must be provided to the department and the Department of Fish, Wildlife and Parks prior to the transportation or disposition of any illegally possessed animals.

(4) Possession, transport, or sale of any other restricted or prohibited species is subject to the penalties and disposition mandated under 87-4-407, MCA.

(1) The department has designated the following alternative livestock as "restricted species" on the basis of specific animal health risks that they pose to wildlife and/or domestic livestock:

(a) The importation of white-tailed deer (Odocoileus virginianus) and moose (Alces alces) into Montana is restricted until such time the state veterinarian approves a diagnostic technique and test protocols for the detection of meningeal worm parasites and dorsal spined larvae. No animal with positive test results for meningeal worm or dorsal spined larvae may be imported into Montana.

(i) The state veterinarian may approve new technology and test protocols for the detection of meningeal worm parasites and/or larvae as they are developed.

(b) Importation of reindeer (Rangifer sp.) into Montana is restricted except under the following conditions:

(i) All animals in the shipment originate in a herd located south of the Canada/U.S. border that is certified brucellosis (B. suis and B. abortus) and tuberculosis free as determined by whole herd testing; and

(ii) Imports from Canada and Alaska may be imported if they meet testing requirements and have resided in another state for one year and all female animals have had one calf.

(c) Species susceptible to chronic wasting disease may not be imported from a geographic area or alternative livestock premises where chronic wasting disease is endemic or has been diagnosed within 50 miles within the previous five years. The county of origin must have a wildlife surveillance program that has been reviewed and approved by the state veterinarian.

(2) In the family Bovidae, the department has designated as prohibited species all members of the following genera and hybrids thereof:

(a) Subfamily Hippotraginae:

(i) Connochaetes (wildebeests);

(ii) Alcelaphus (hartebeests); and

(iii) Damaliscus (sassabies: blesbok, bontebok, topi).

(3) The department shall restrict from importation for purposes of alternative livestock farming any cloven hoofed ungulate species or subspecies and their hybrids with native species that have been classified by the Department of Fish, Wildlife and Parks under the authority of 87-4-424, MCA, as posing a threat to native wildlife or livestock.

(4) Reclassification by the department of any species listed as prohibited or restricted is contingent upon compelling scientific information indicating the risks posed by these species to native wildlife populations and/or domestic livestock can be eliminated or managed effectively through new diagnostic techniques or management technologies.

(1) Alternative livestock imported into Montana must meet all requirements of ARM Title 32, chapter 3, subchapter 2; Title 81, chapter 2, part 7, MCA; and any other orders issued by the department.

(2) All cervid species will be treated with an appropriate anthelmintic as determined by the state veterinarian at least 20 days prior to entry into Montana to reduce the potential of undesirable parasites.

(3) Animals must be consigned to an alternative livestock farm licensee. The alternative livestock farm licensee must have a valid license for the species being imported.

(4) Alternative livestock shall be accompanied by an official health certificate and a permit, which must be attached to the waybill or be in the possession of the driver of the vehicle or person in charge of the animals. When a single health certificate or permit is issued for animals being moved in more than one vehicle, the driver of each vehicle must possess a copy of the health certificate or permit.

(a) The official health certificate must meet all of the requirements of ARM 32.3.206 and the accredited veterinarian issuing the health certificate must certify that the following conditions are true:

(i) All elk in the shipment have been certified free from red deer gene markers as required by ARM 32.4.402. No elk-red deer hybrid may be imported. Certification must be provided to the department prior to the issuance of an import permit;

(ii) The accredited veterinarian issuing the health certificate shall assess the herd of origin and determine if the alternative livestock have been infected by or exposed to Mycobacterium paratuberculosis (Johnes disease). A statement summarizing the findings shall be included on the health certificate. No animal exposed to or infected with M. paratuberculosis may be imported;

(iii) The herd of origin must be certified as free of central nervous system (CNS) symptoms for the last five years; and

(iv) Animals must meet all other importation requirements made by the state veterinarian under ARM Title 32, chapter 3, subchapter 2;

(b) The importation permit must meet all of the requirements of ARM 32.3.207.

(5) For change of ownership, a valid bill of sale must accompany the shipment. A copy of the bill of sale must be provided to the department at the time the animal is tagged and marked.

(6) Prior to shipment, all alternative livestock with the exclusion of omnivores and carnivores must be marked with a USDA official eartag or its Canadian equivalent called an H of A tag.

(7) All alternative livestock must be quarantined upon arrival in Montana until all testing requirements have been met and the animal is tagged and marked.

(8) No person consigning, transporting, or receiving alternative livestock into Montana may authorize, order, or carry out diversion of such animals to a destination or consignee other than set forth on the health certificate or permit without first obtaining written authorization from the state veterinarian of Montana or his designee to make such a diversion.

(9) Importation of gametes shall meet all requirements outlined in ARM 32.4.403.

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

(1) Any alternative livestock exported must be tagged and marked in compliance with ARM 32.4.201.

(2) The animal must meet the inspection requirements for change of ownership and movement of alternative livestock prior to movement from the alternative livestock farm in accordance to ARM 32.4.301.

(3) The shipment must be accompanied by a certificate of inspection and valid bill of sale for animals that have changed ownership.

(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 32.4.301.

(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) Imported animals must meet all the requirements of ARM 32.4.601.

(4) Movement of alternative livestock must be in a secured and enclosed vehicle.

(5) Movement of alternative livestock from alternative livestock farm property to alternative livestock farm property under one license must be within a secured and enclosed vehicle unless the following conditions have been met:

(a) the properties are immediately adjacent with no separation distance between the properties; or

(b) the alternative livestock farm licensee must submit to the department for review and approval a proposed alternative method of transportation or movement of animals between separated properties. This shall include but is not limited to the movement of animals from pasture to pasture across public or private roads, easements, and rights of way.

(1) Alternative livestock may be transported from out of the state through Montana if:

(a) the animals proceed directly through Montana with no intent to unload;

(b) an official health certificate is obtained from the state of origin to show destination, origin, and proof of ownership of any alternative livestock being transported;

(c) animals are not sold, bartered, traded, or otherwise transferred while in the state; and

(d) in emergencies, alternative livestock in transit are unloaded and temporarily held with prior approval from the department (Helena office). Animals must be held in compliance with quarantine rules promulgated by the department.

(1) All alternative livestock farm licensees must have a catch pen and a handling device that enables the licensee to test, inspect, mark, and tag all alternative livestock on the premises.

(2) A permanent or portable handling device must be on the alternative livestock farm at all times. The handling device must be of a size appropriate for the species of animal and must provide for the safety of the animal and the handler.

(3) Each licensed alternative livestock farm property must have a catch pen within the perimeter fencing to facilitate the confinement, handling, and movement of animals. Alternative livestock farm properties with a physical separation distance between pastures are required to maintain a catch pen in each pasture.

(1) Each licensed alternative livestock farm must have a department-approved quarantine facility within its perimeter fence or submit a quarantine action plan to the department that guarantees the licensee unlimited access to an approved quarantine facility on another licensed alternative livestock farm within the state of Montana.

(2) Approval for expansion of an alternative livestock farm shall not be granted by the Department of Fish, Wildlife and Parks until the licensee receives department approval of the quarantine facility and handling facilities.

(3) A licensee applying for an expansion of an alternative livestock farm shall submit the following to the department and the Department of Fish, Wildlife and Parks at the time the application is submitted to the Department of Fish, Wildlife and Parks:

(a) design plans for the applicant's alternative livestock farm catch pen and handling facilities required under ARM 32.4.801;

(b) detailed design specifications for a quarantine facility on the property owned or leased by the applicant and identified on the alternative livestock farm license application; or

(c) a quarantine plan for the quarantine of animals at an approved quarantine facility located on another licensed alternative livestock farm (host). This plan must include:

(i) recognition that animals must meet all inspection, transportation and testing requirements prior to movement;

(ii) a signed statement from the alternative livestock farm licensee (host) who is allowing the applicant unrestricted use of his quarantine facility. This statement must define the period of time for which the applicant/licensee has permission to use the quarantine facility; and

(iii) if the alternative livestock farm licensee (host) revokes the privilege to use his quarantine facility, or if the privilege is consensual for a defined period of time which has expired, the applicant/licensee has 30 days to design his own facilities and submit the plans to the department for approval. The applicant/licensee must construct the facility within 90 days of department approval of the plans.

(4) Design specifications for a quarantine facility shall include all measured dimensions of the proposed facility (heights and perimeters) and shall include the location and materials for fences, location of any shelters, feeding or water sources, location of the quarantine facility within the licensed alternative livestock farm property, streams, slopes of property, gates, and access to holding facilities. The specifications for a quarantine facility must meet the following:

(a) a requirement for fencing to extend upward 8 feet from the ground level and meet one of the following criteria:

(i) a solid wall; and

(ii) a required separation distance of greater than 14 feet between the animals placed under quarantine and all other animals, including public wildlife. This can be accomplished by:

(A) construction of double fences, greater than 14 feet apart; or

(B) creation of a quarantine pen utilizing vacated surrounding pens to create the separation distance required in (4)(a)(ii). No pen surrounding the quarantine pen may be utilized for any purpose during the quarantine period.

(b) provisions for confined animals that include the humane holding and care of the quarantined animals for an extended period of time and include provisions for the following:

(i) feeding facilities isolated from contact by any other animals;

(ii) water available at all times and isolated from contact by any other animals; and

(iii) shelter provided for the animals.

(c) the quarantine pen must meet the following:

(i) it must be located on relatively flat ground in order to prevent egress or ingress of animals. If built on a slope, the department may require additional measures be taken to prevent ingress or egress;

(ii) fecal wastes and water must not drain from the quarantine pen to any other pens or area of the alternative livestock farm, or into an area outside the alternative livestock farm where wildlife, animals, livestock, or people could come into contact with such wastes. The department may require additional measures be implemented to prevent run off from the quarantine pen into state waters; and

(iii) The quarantine pen may not include any surface water body of state waters within its boundary.

(d) The facility shall include a means to move the animals from the quarantine facility to the handling facility.

(5) The state veterinarian may require additional modifications to the quarantine facility as determined necessary.

(6) The department may waive requirements on a site specific basis if it is determined the conditions of quarantine are not compromised by granting the waiver.

(1) Prior to modifying the quarantine facility, the licensee shall submit to the department for approval the plans and specifications for the proposed changes. Modifications include structural changes and/or a change of location of the quarantine facilities.

(1) Imported alternative livestock shall be placed under quarantine until:

(a) all disease testing requirements are met; and

(b) the animals are tagged and marked as required by 87-4-414, MCA.

(2) Any animals placed in quarantine shall be immediately presented by the licensee to the department for testing and/or inspection upon request. Failure to present animals may be interpreted as the negligent or willful misconduct of the alternative livestock farm operation and also a threat to the public safety.

(3) The state veterinarian under the authority of 81-2-103, MCA and rules promulgated under ARM Title 32, chapter 3 shall outline the establishment and release of quarantine for all quarantinable diseases. This shall include but is not limited to the following:

(a) the required testing for exposed and infected alternative livestock placed under quarantine and any testing required for other animals on the alternative livestock farm and adjacent properties;

(b) specific confinement requirements and restrictions for the animals placed under quarantine, (this may include construction of additional fences, restrictions or requirements on unquarantined animals regarding sale and transport);

(c) movement of animals from the herd identified under terms of the quarantine;

(d) disposal of animals wastes and carcasses on the alternative livestock farm property; and

(e) any other measures deemed necessary for the elimination of disease on the game farm.

(4) The disposal of tuberculosis-infected alternative livestock as determined by physical examination or tuberculin test must meet all requirements of ARM Title 32, chapters 3 and 6 and orders by the state veterinarian.

(2) Violation of the terms of the quarantine is punishable by 81-2-113 , MCA, and other applicable provisions of the MCA.

(1) Any person, including an alternative livestock licensee who has reason to believe that alternative livestock have or have been exposed to a dangerous or communicable disease, must give notice to the department immediately.

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) "Animal" means a cervid.

(2) "Cervidae or cervid" means all members of the Cervidae family including deer, elk, moose, caribou, reindeer, and related species and hybrids thereof. Cervidae includes wild cervids, those animals on alternative livestock farms, and those animals owned by zoos and other public or private captive facilities not licensed as alternative livestock farms.

(3) "Chronic wasting disease" or "CWD" means a transmissible spongiform encephalopathy of cervids.

(4) "CWD" affected "cervid" or "affected animal" means a cervid diagnosed with CWD based on laboratory procedures.

(5) "CWD affected cervid herd" or "affected herd" means a cervid herd from which any cervid has been diagnosed with CWD.

(6) "CWD exposed cervid" or "exposed animal" means a cervid that is from an affected herd or for which epidemiological investigation indicates contact with CWD affected cervids or contact with cervids from a CWD affected herd or contact with a contaminated premises within the last five years.

(7) "CWD exposed cervid herd" or "exposed herd" means herds for which epidemiological investigation indicates contact with CWD affected cervids or contact with cervids from a CWD affected herd or contact with a CWD positive animal within the five years prior to the animal's diagnosis.

(8) "CWD monitored cervid herd" means a herd of alternative livestock farm cervids that has complied with the CWD surveillance requirements outlined in ARM 32.4.1302.

(9) "CWD monitored herd status" means a designation made by the department that indicates the number of years an alternative livestock cervid herd has complied with CWD surveillance criteria.

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

(11) "CWD trace herd" or "trace herd" is a cervid herd where an affected animal resided within five years prior to that animal's diagnosis with CWD, or any cervid herd which received animals from a CWD affected or exposed herd within the previous five years.

(12) "Epidemiological investigation" means the scientific investigation conducted to determine the specific cause and source of a disease outbreak and to determine the population affected or exposed to the disease.

(13) "Exporting herd" means a herd of cervids in another state or province from which a Montana importation permit is requested to allow the shipment of cervids into Montana.

(14) "Herd of origin" means the herd into which an animal is born.

(15) "Herd plan" means a written herd management plan that is designed by the herd owner and the state veterinarian in which each participant agrees to undertake actions specified in the herd plan to prevent, control or eradicate chronic wasting disease from an affected, exposed or trace herd while reducing human or wildlife exposure to the disease. The herd plan will include, but is not limited to, the appropriate herd test or surveillance frequencies, tests to be employed, and any additional disease or herd management practices deemed necessary to prevent, control, or eradicate a disease from the herd in an efficient and effective manner.

(16) "High-risk animal" means a cervid that may have been exposed to chronic wasting disease. The state veterinarian will determine which animals within a herd are high-risk animals.

(17) "Hold order" means a restriction placed on an identified population of animals prohibiting their movement from the premise, a portion of a premise or contact with other animals on the premise.

(1) The licensee must present the entire herd every 11-13 months for visual inspection by a designated agent of the department, including verification and recording of visual identification. The department will reconcile alternative livestock game farm animal's identification and the alternative livestock inventory with the department's records.

(2) The licensee must present the entire herd no more than every three years beyond the initial herd enrollment for physical inspection by a designated agent of the department, including verification and recording of all forms of identification. The department will reconcile alternative livestock game farm animal's identification and the alternative livestock inventory with the department's records.

(3) The licensee must retain a complete herd inventory of animals that shall include all forms of identification, age, species, sex, source, and death if applicable. Individual animal records must be retained for five years after a cervid has left a herd or has died. Records must be made available to department personnel upon request and at the time of each annual inspection or inventory.

(4) The licensee must report all alternative livestock deaths to the department (Helena office) within five days of the discovery of death as required by 87-4-415, MCA.

(5) Upon the discovery of dead cervids, the licensee must immediately request an inspection of the alternative livestock as required by ARM 32.4.301. At the time of the inspection of the dead animal, the alternative livestock veterinarian shall remove the currently required tissue samples and/or specimens and submit them to a department-approved laboratory for testing for chronic wasting disease (CWD).

(a) An alternative livestock licensee with a valid veterinarian-client-patient-relationship with an alternative livestock veterinarian may collect CWD samples from a dead cervid if the licensee has been trained in sample collection by the alternative livestock veterinarian. Licensees may only collect samples from animals from CWD certified status herds owned by the licensee.

(i) Training for CWD sample collection will involve the veterinarian supervising the licensee through collection of CWD samples from at least two animals prior to the licensee being allowed to collect samples unsupervised.

(ii) If a licensee collects CWD samples they must submit the currently required tissue samples to an alternative livestock veterinarian along with the animal's ear(s) or cape with ears intact containing official identification tags and tattoo.

(iii) The alternative livestock veterinarian will be responsible for submitting CWD samples to a department-approved laboratory for testing as well as completing an inspection certificate for submission to the department along with the official identification tags removed from the ear(s).

(iv) If a licensee collects a sample that is unsuitable for CWD testing due to poor sample collection technique, the licensee must be re-trained by an alternative livestock veterinarian before being allowed to collect any further CWD samples. If a licensee continues to collect unsuitable samples after re-training the licensee will no longer be able to collect CWD samples and the CWD certified status of their herd may be reduced.

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

(i) The licensee's herd is of CWD monitored herd status level I or greater (or the equivalent thereof), as required by ARM 32.4.1303, and the animal has not had contact with animals of lesser status.

(ii) The animal for which a waiver is requested must have resided on the licensee's alternative livestock farm for 12 months or have resided in the herd from which it is transported for a period of 12 months.

(iii) The licensee must be in compliance with all requirements of Title 87, chapter 4, part 4, MCA and rules promulgated pursuant to this part.

(iv) The licensed alternative livestock farm must have no documented cases of ingress of wild cervids or egress of alternative livestock within the 18-month period immediately preceding the request for a waiver. If it is determined by the state veterinarian there has been no compromise in the surveillance status of the herd, this criteria may be waived in the application for a waiver to CWD surveillance.

(v) There have been no breaches in perimeter fence integrity that may have compromised the CWD surveillance status on the alternative livestock herd.

(c) The state veterinarian may grant a waiver with stipulations that may include, but is not limited to, additional whole herd inspections. A waiver from CWD surveillance does not exempt the licensee from any other requirements for inspection or testing of alternative livestock.

(d) The state veterinarian may not grant a waiver to the mandatory surveillance required in this rule for an entire herd or for a cervid from a herd that has been identified as a CWD affected, exposed or trace herd.

(e) The licensee is responsible for all costs incurred for the examination of alternative livestock farm cervids, the inspection services, the collection and submission of tissue sample and/or specimens, and the laboratory diagnostic costs.

(6) Failure to comply with the requirements of this rule may result in the following:

(a) A requirement to replace missed or poor-quality samples with testable post-mortem samples from an equal number of animals of the same sex and species as the missed samples.

(b) The monitored status of the herd may be reclassified to "suspended" or reduced.

(c) The cervid herd may be placed under a hold order.

(d) The department may consider failure to comply with this rule as a violation of 87-4-427, MCA.

(7) Any person having knowledge that an alternative livestock farm cervid has been diagnosed as affected with CWD or exposed to CWD must report that knowledge to the department as required by ARM 32.4.1001.

(1) The alternative livestock cervid herd shall be assigned a monitored herd status by the department at the conclusion of each year of mandatory CWD surveillance as follows:

(a) "CWD monitored, status unknown" is the status of a herd prior to completion of the initial year of surveillance or the status of a herd that fails to meet the mandatory surveillance requirements in ARM 32.4.1302.

(b) The "CWD monitored herd status," levels I through V are designations that correspond with the number of years of completed surveillance with no confirmation of CWD in the herd.

(i) Level I is the status of a herd after completion of one year of required surveillance.

(ii) Level II is the status of a herd after completion of two years of required surveillance.

(iii) Level III is the status of a herd after completion of three years of required surveillance.

(iv) Level IV is the status of a herd after completion of four years of required surveillance.

(v) Level V is the status of a herd after completion of five 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, suspended, or reduced in accordance with these rules.

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

(1) Additions to a cervid herd (interstate and intrastate) may alter the monitored herd status of the recipient herd as follows:

(a) If the added cervid is from a CWD monitored herd status equal to or greater than the recipient herd, the CWD monitored herd status of the recipient herd will remain the same.

(b) If the added cervid is from a herd with a CWD monitored herd status less than the recipient herd, the CWD monitored herd status of the recipient herd will be reduced to the status of the lowest status cervid added.

(c) A newly assembled herd, on premises where CWD has never been diagnosed, retains the CWD monitored herd status of the cervids purchased. If cervids are from different monitored status herds, the newly assembled herd has the CWD monitored herd status of the lowest status animal.

(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) The department may allow importation of cervids from other states or provinces if the following criteria are met:

(a) The animal has sufficient identification to enhance trace back capabilities.

(b) The animal has resided in the exporting herd for a minimum of 12 months immediately prior to importation or a satisfactory, complete animal movement history from herd of origin is provided to the department prior to importation into Montana.

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

(3) The state veterinarian may deny importation from states that do not meet the following requirements:

(a) The state of origin must have the legal means of control and/or disposition of CWD affected, exposed or trace herds;

(b) the state of origin must have the power and authority to quarantine CWD affected, exposed or trace herds; and

(c) if CWD has been confirmed in any herds within the state of origin, the state veterinarian of that state must have completed an epidemiological investigation and identified all CWD affected, exposed or trace herds.

(4) Documentation fulfilling the requirements of (1), (2) and (3) must be provided to the department at the time of application for an import permit.

(2) The tissue samples and/or specimens required under ARM 32.4.1302 shall be determined by the state veterinarian.

(3) The state veterinarian may approve new technology and test protocols for the detection of CWD as they are validated.

(1) The requirements for the disposition of alternative livestock farm cervid CWD trace herds is as follows:

(a) The licensee must comply with CWD surveillance of the herd as outlined in ARM 32.4.1302.

(b) The licensee shall present the entire herd for inspection and inventory within 30 days of notification by the state veterinarian.

(c) The state veterinarian or his designee shall complete an epidemiological investigation of the herd.

(d) The state veterinarian shall identify high-risk animals within the herd.

(i) The entire herd shall be placed under quarantine for a period of five years from the last exposure to a CWD positive animal.

(ii) High-risk animals shall be restricted from contact with other animals in the herd.

(iii) The licensee may sacrifice all high-risk animals and submit tissue samples or specimens from each CWD test eligible animal in accordance to ARM 32.4.1302. If all high-risk animals are sacrificed and no CWD positive animal is identified, the quarantine of the remaining animals will be reviewed for release.

(e) The licensee shall meet with the state veterinarian and develop a herd plan within 30 days of the herd inventory and inspection date as required under (1)(b).

(f) The CWD monitored herd status will be designated as "CWD monitored, status pending" until the quarantine is released.

This rule has been repealed.

(1) Disposition of cervid herds with a CWD confirmed diagnosis is as follows:

(a) Complete depopulation and post-mortem testing of the herd; or

(b) The entire herd shall be placed under quarantine for a period of five years since the last CWD positive case.

(i) The licensee must comply with CWD surveillance of the herd as outlined in ARM 32.4.1302.

(ii) The licensee shall meet with the state veterinarian and develop a herd plan within 30 days of the detection of CWD in the herd.

(1) All high-risk animals shall be identified with a unique, easily read identification tag provided by the department. This identification may be in addition to the alternative livestock identification required in 87-4-414, MCA and subsequent rules.

(2) The state veterinarian may require a unique, individual tattoo to be placed on high-risk or quarantined animals, in addition to the herd tattoo required in 87-4-414, MCA and ARM 32.4.201.

(1) The owner or manager of a public or privately owned zoo or confinement facility not licensed as a alternative livestock farm must comply with the requirements of ARM 32.4.1302 and ARM 32.4.1309.