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| Montana Administrative Register Notice 12-533 | No. 22 11/20/2020 | |
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BEFORE THE DEPARTMENT OF FISH, WILDLIFE AND PARKS OF THE STATE OF MONTANA
TO: All Concerned Persons
1. On December 15, 2020, at 10:00 a.m., the Department of Fish, Wildlife and Parks (department) will hold a telephonic public hearing via ZOOM meeting platform to consider the proposed adoption, amendment, and repeal of the above-stated rules. Because there currently exists a state of emergency in Montana due to the public health crisis by the novel coronavirus, COVID-19, there will be no in-person hearing. Interested parties may access the remote conferencing in the following way:
(a) Dial by telephone, 1-646-558-8656 Meeting ID: 988 8864 1013 Password: 809105
The hearing will begin with a brief introduction by staff to explain the use of the telephonic platform. All participants will be muted except when it is their time to speak.
2. The department 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 no later than 5:00 p.m. on December 4, 2020, to advise us of the nature of the accommodation that you need. Please contact Kaedy Gangstad, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, Montana, 59620-0701; telephone (406) 444-4594; or e-mail kgangstad@mt.gov.
3. The rules as proposed to be adopted provide as follows:
NEW RULE I FIELD TRIAL ON PUBLIC LAND (1) An application for a field trial on public land must include the following: (a) the number and species of captive-reared birds to be used for the trial, if captive-reared birds are being used; and (b) written consent from the controlling land managing agency.
AUTH: 87-3-604, MCA IMP: 87-3-603, MCA
NEW RULE II DISEASE PREVENTION (1) All captive-reared game birds used for dog training shall originate from National Poultry Improvement Plan (NPIP) sources.
IMP: 87-3-603, MCA
NEW RULE III PROOF OF PURCHASE OF CAPTIVE-REARED GAME BIRDS USED IN DOG TRAINING (1) A person using captive-reared game birds for which a commission-approved hunting season exists for dog training or a field trial (2) Proof shall be in the form of a receipt or, alternatively, the birds may be banded with a leg band approved by the department. The receipt must state the following: (a) name of the species; (b) quantity of birds; (c) sex of birds; (d) name of the game bird farm; and (e) name of the purchaser.
IMP: 87-3-603, MCA
4. The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:
12.6.1602 PURCHASE AND SALE OF GAME BIRDS (1) No person may purchase live game birds from within the state except from the holder of a current game bird farm license.
(2) Game bird farm operators shall provide proof of purchase to the purchaser in the form of a receipt or, alternatively, the birds may be banded with a leg band approved by the department. The receipt must state the following: (a) name of the species; (b) quantity of birds; (c) sex of birds; (d) name of the game bird farm; and (e) name of the purchaser. (2) remains the same but is renumbered (3).
AUTH: 87-4-913, MCA
12.6.1610 NATIONAL POULTRY IMPROVEMENT PLAN (1) All captive-reared game birds sold in Montana shall originate from a National Poultry Improvement Plan (NPIP) certified flock.
(2) and (3) remain the same but are renumbered (3) and (4).
AUTH: 87-4-913, MCA
5. The department proposes to repeal the following rules:
12.6.206 DEFINITIONS
AUTH: 87-4-913, MCA IMP: 87-4-915, MCA
12.6.210 FIELD TRIAL PERMITS
AUTH: 87-4-913, MCA IMP: 87-4-915, MCA
12.6.215 PERMIT TO USE CAPTIVE-REARED BIRDS
AUTH: 87-4-902, 87-4-913, 87-4-915, MCA IMP: 87-4-915, MCA
12.6.220 USE OF CAPTIVE-REARED BIRDS IN TRAINING
AUTH: 87-4-913, MCA
12.6.225 PERMIT TO RELEASE RING-NECKED PHEASANTS FOR NONCOMMERCIAL PURPOSES
AUTH: 87-4-913, MCA IMP: 87-4-501, 87-4-902, 87-4-915, MCA
12.6.230 PERMIT TO POSSESS CAPTIVE-REARED BIRDS FOR NONCOMMERCIAL PURPOSES
AUTH: 87-4-913, MCA
12.6.1601A DEFINITIONS
AUTH: 87-4-913, MCA IMP: 87-4-915, MCA
REASON: The 2019 legislature enacted HB 29, which changed the legal requirements for certain activities relating to field trials and to the training of dogs using captive-reared upland game birds. In addition, HB 29 made some of FWP's existing administrative rules contrary to the new law, or confusing, or redundant. Upon passage of HB 29, FWP undertook a collaborative scoping process, including outreach to constituent groups, to better understand how training activities are conducted. This included input from representatives from most major sporting dog training organizations in Montana. Additionally, the department undertook an internal process review for dog training, field trials, and captive reared game bird farm management. These processes recognized unneeded and cumbersome permitting requirements as well as rules that needed to be changed due to the new statutes. These proposed rules represent the results of the collaborative process, agency process review, and necessary changes resulting from statute changes.
The department is proposing to amend and repeal rules which outline a permitting process that is not being used as a management tool and therefore is unnecessary. The department is also proposing to amend and repeal rules which attempt to regulate activity that appears not to be congruent with current rulemaking authority.
The department is proposing to adopt new rules which would require retention of proof of purchase for birds, which would allow department staff to make sure birds being used for training can be differentiated from wild birds.
Additionally, the department is proposing that birds be obtained from an NPIP certified flock, which would ensure that captive-reared birds used in the field are screened for disease.
6. 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 Enforcement Division, P.O. Box 200701, Helena, Montana, 59620-0701; or e-mail pkilbreath@mt.gov, and must be received no later than December 18, 2020.
7. Kaedy Gangstad or another hearing officer appointed by the department has been designated to preside over and conduct the hearing.
8. 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: Fish, Wildlife and Parks, Legal Unit, P.O. Box 200701, 1420 East Sixth Avenue, Helena, MT 59620-0701, or may be emailed to kgangstad@mt.gov.
9. The bill sponsor contact requirements of 2-4-302, MCA, apply and have been fulfilled. The primary bill sponsor was contacted by phone on October 14, 2020.
10. With regard to the requirements of 2-4-111, MCA, the department has determined that the adoption, amendment, and repeal of the above-referenced rules will not significantly and directly impact small businesses.
/s/ Aimee Hawkaluk /s/ Martha Williams Aimee Hawkaluk Martha Williams Rule Reviewer Director Department of Fish, Wildlife and Parks
Certified to the Secretary of State on November 10, 2020.
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