Montana Administrative Register Notice 32-16-276 No. 21   11/10/2016    
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In the matter of the amendment of ARM 32.3.207 permits, 32.3.218, special requirements for sheep, and 32.3.2001 brands and earmarks









TO: All Concerned Persons


1. On December 10, 2016, 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 or 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., December 2, 2016, to advise us of the nature of the accommodation that you need. Please contact Executive Officer, Department of Livestock, 301 N. Roberts St., Room 304, P.O. Box 202001, Helena, MT 59620-2001; telephone: (406) 444-9525; TTD number: 1 (800) 253-4091; fax: (406) 444-4316; e-mail: MDOLcomments@mt.gov.


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


          32.3.207 PERMITS (1) remains the same.

          (2) Permits are valid for no longer than ten days from the date of issuance unless otherwise specified as follows:

          (a) blanket:

          (i) permanent market, until rescinded;

          (ii) temporary market, up to 30 days;

          (b) cross border grazer, nine months;

          (c) entry extended, 30 days;

          (d) equine annual, yearly;

          (e) NPIP poultry, yearly;

          (f) re-entry, up to 30 days;

          (g) semen:

          (i) equine, annual;

          (ii) bovine, domestic, annual;

          (iii) bovine, international, annual; and

          (h) six-month horse passport, six months;

          (i) biologics, conditional, up to 2 years; and

          (j) biologics, permanent, 5 years.

          (3) through (5) remain the same.



AUTH:  81-2-102, 81-2-703, 81-2-103, 81-2-707, 81-20-101, MCA

IMP:  81-2-102, 81-2-103, 81-2-703, 81-20-101, MCA


REASON: The department is proposing to add biologics, conditional, up to 2 years; and biologics, permanent, 5 years to the exceptions list in (2) pursuant to ARM 32.3.2301, which authorizes the department to issue long-term biologics permits upon request.


Authorizing and implementing citations are being updated to accurately reflect sources of rulemaking authority.


          32.3.218 SPECIAL REQUIREMENTS FOR SHEEP (1) remains the same.

          (2) All breeding rams eight months of age and older must have a negative ELISA, or other recognized test, for Brucella ovis within 30 days prior to entry into Montana or originate directly from an officially recognized Brucella ovis free flock. Animals must be individually identified with an approved method of official I individual identification in conformity with ARM 32.3.1308. by eartag or tattoo is required along with The date of the last Brucella ovis herd test, if applicable, must be cited on the movement document. All rams must be free of any gross lesions of ram epididymitis upon examination by the certifying accredited veterinarian.

          (3) and (4) remain the same:


AUTH: 81-2-102, 81-2-103, 81-20-101, MCA

IMP: 81-2-102, 81-20-101, 81-2-103, 81-2-703, MCA


REASON: The department is proposing the age of breeding rams be specified in (2) to provide consistency between the regulations of our state B. ovis program and our import requirements for B. ovis testing. Additional language regarding animal identification and placement of the documentation of the last Brucella ovis herd test is added to conform to ARM 32.3.1308.


Authorizing and implementing citations are being updated to accurately reflect sources of rulemaking authority.


          32.3.2001 BRANDS AND EARMARKS (1) through (3)(a)(viii) remain the same.

          (ix) "V" on the right tailhead to designate trichomoniasis positive bovines.

          (b) and (c) remain the same.


AUTH: 81-2-102, 81-2-103, MCA

IMP:  81-2-102, 81-2-103, MCA


REASON: The department is proposing the addition of the "V" brand for trichomoniasis positive bovines to produce an inclusive list of animal health brands.


Implementation citations are being added to accurately reflect all statutes implemented through the rule and to provide the complete sources of rulemaking authority.


          4. Concerned persons may submit their data, views, or arguments in writing concerning the proposed action to Department of Livestock, 301 N. Roberts St., Room 306, 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., December 8, 2016.


          5. If persons who are directly affected by the proposed action wish to express their data, views, or 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. December 8, 2016.


          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 8 based upon approximately 40 differing pharmaceutical companies who apply for permits, 30 sheep producers, and 6 Trich-approved feedlots in the state of Montana.


          7. The department maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this department. 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 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 this 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.


          10. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rules will not significantly and directly impact small businesses.



BY:     /s/ Michael S. Honeycutt                        BY:     /s/ Cinda Young-Eichenfels

          Michael S. Honeycutt                                       Cinda Young-Eichenfels

          Executive Officer                                              Rule Reviewer

          Board of Livestock

          Department of Livestock


Certified to the Secretary of State, October 31, 2016.


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