MONTANA ADMINISTRATIVE REGISTER ISSUE NO. 13 The ...

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-912-BEFORE THE DEPARTMENT OF FISH, WILDLIFE AND PARKSOF THE STATE OF MONTANAIn the matter of the adoption of NewRule I pertaining to the purchase ofduplicate licensesTO: All Concerned Persons)))NOTICE OF PUBLIC HEARING ONPROPOSED ADOPTION1. On July 25, 2007, at 6:00 p.m., the Department of Fish, Wildlife andParks (department) will hold a public hearing at 1420 East Sixth Avenue, Helena,Montana, to consider the proposed adoption of the above-stated rule.2. The department will make reasonable accommodations for personswith disabilities who wish to participate in this rulemaking process or need analternative accessible format of this notice. If you require an accommodation,contact the department no later than 5:00 p.m., July 16, 2007, to advise us of thenature of the accommodation that you need. Please contact Mike Korn, Departmentof Fish, Wildlife and Parks, 1420 East Sixth Avenue, P.O. Box 200701, Helena,Montana 59620-0701; telephone (406) 444-2456; fax (406) 444-7894; or e-mailmkorn@mt.gov.3. The rule as proposed to be adopted provides as follows:NEW RULE I REPLACEMENT LICENSES (1) A person may replace adepartment-issued hunting license or permit that is lost, stolen, or destroyed bysigning an affidavit affirming that the license was lost, stolen, or destroyed. A personmay obtain and submit the affidavit at a department office or any department licenseprovider.(2) To replace a lost, stolen, or destroyed license requiring a carcass tag thesecond time for the same species within a two-year period the following apply:(a) a carcass tag is that portion of a hunting license that a person is requiredto affix to the carcass of an animal;(b) the two-year period shall run from March 1 of the year of license purchasethrough February 28, 24 months later;(c) the person shall obtain, complete, and submit an affidavit affirming thatthe tag was lost, stolen, or destroyed;(d) the person shall appear personally at a department regional or area officeor at headquarters in Helena, Montana to obtain, complete, and submit the affidavit;and(e) a third replacement tag for the same species in a two-year period is notallowed.(3) The fee for a replacement hunting license or permit is $5.AUTH: 87-2-104, MCAIMP: 87-2-104, MCAMAR Notice No. 12-331 13-7/5/07
-913-4. The purpose of a replacement license is to assist a hunter who haslegitimately lost or inadvertently destroyed a license, permit, or tag. The first sectionof the proposed rule reflects the department's current process for issuing areplacement license. This process has been effective, and it is now appropriate thatthe department adopt it by administrative rule.The part of New Rule I which pertains to the procedure for replacing a license for aspecies a second time within a two-year period is necessary to prevent illegal use ofreplacement licenses. The number of replacement licenses issued has increaseddrastically over the last four years. For instance, the number of deer replacementlicenses went from about 4500 in 2002 to over 8000 in the year 2006. A portion ofthe replacement licenses that have been issued multiple times have been usedillegally. Department enforcement has discovered a number of cases andcircumstances where a hunter obtains multiple licenses, permits, and/or tags anduses them to facilitate the crimes of hunting without a license (87-2-103, MCA) usinga license, tag, or permit illegally (87-2-110, MCA) and possessing unlawfully-takengame animals (87-2-111, MCA). Generally, the illegal circumstances involve aperson obtaining a replacement while still possessing or having used the originaland then using the replacement to unlawfully take a second animal. Or, a personfalsely replacing a game license or tag has made a "replacement" available toanother person who is not licensed.The use and presentation of a tag on a game animal carcass is the method by whicha person can attempt to transport and possess an unlawfully taken game animal,unless and until an investigation reveals the illegalities involved. Thus, the illegaluse of replacement tags plays a major part in enforcement's inability to initially detect(at game check stations, etc.) illegal taking of wildlife. Requiring that anyone wholoses more than one license for the same species in the course of two license yearsto make replacement requests at regional, area, or state offices will substantiallyreduce the number of capricious duplicate licenses sold as well as provide means toreduce the number of duplicates in circulation for unlawful purpose.The fee increase is necessary to offset department administrative costs for issuingduplicate licenses and to reduce the number of unnecessary duplicates sold. Amaximum fee of $5 for replacement licenses is permitted under 87-2-104, MCA.This fee increase will affect approximately 50,860 people based on the total numberof replacement licenses issued in 2006. The fee increase will increase revenue fromreplacement licenses by approximately $184,125.5. Concerned persons may present their data, views, or arguments,either orally or in writing, at the hearing. Written data, views, or arguments may alsobe submitted to Mike Korn, Department of Fish, Wildlife and Parks, 1420 East SixthAvenue, P.O. Box 200701, Helena, Montana 59620-0701; telephone (406) 444-2456; fax (406) 444-7894; or e-mail mkorn@mt.gov. Any comments must bereceived no later than August 2, 2007.13-7/5/07 MAR Notice No. 12-331
Page 4: -902-BEFORE THE STATE AUDITOR AND C
Page 8 and 9: -906-(a) using DoD personnel, direc
Page 10 and 11: -908-(b) making any representation
Page 12 and 13: -910-IMP:33-18-103, MCA4. REASONABL
Page 16 and 17: -914-6. Rebecca Dockter, or another
Page 18 and 19: -916-regulated substances. Installa
Page 20 and 21: -918-The department is proposing to
Page 22 and 23: -920-forth requirements for the man
Page 24 and 25: -922-which may be obtained from Und
Page 26 and 27: -924-(d) American Petroleum Institu
Page 28 and 29: -926-protection must shall comply w
Page 30 and 31: -928-products, and a copy of which
Page 32 and 33: -930-schedule as the underground st
Page 34 and 35: -932-REASON: The department is prop
Page 36 and 37: -934-closure practices for UST syst
Page 38 and 39: -936-IMP: 75-10-405 75-11-505, MCA1
Page 40 and 41: -938-(1) through (4) remain the sam
Page 42 and 43: -940-catastrophic line leak detecti
Page 44 and 45: -942-BEFORE THE DEPARTMENT OF ENVIR
Page 46 and 47: -944-17.74.404 COURSE AUDIT FEES (1
Page 48 and 49: -946-6. The department maintains a
Page 50 and 51: -948-maintenance, tracking, and ren
Page 52 and 53: -950-REASON: It is reasonable and n
Page 54 and 55: -952-BOARD OF REALTY REGULATIONTEDD
Page 56 and 57: -954-biology as an equivalent quali
Page 58 and 59: -956-BOARD OF SANITARIANSTED KYLAND
Page 60 and 61: -958-accredited birthing center unl
Page 62 and 63: -960-(FR) 43616 (June 28, 2002).(6)
Page 64 and 65:
-962-Because the effective date of
Page 66 and 67:
-964-BEFORE THE DEPARTMENT OF ADMIN
Page 68 and 69:
-966-BEFORE THE DEPARTMENT OF JUSTI
Page 70 and 71:
-968-BEFORE THE DEPARTMENT OF LABOR
Page 72 and 73:
-970-BEFORE THE BOARD OF PLUMBERSDE
Page 74 and 75:
-972-To keep fine money rather than
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-974-BEFORE THE DEPARTMENT OF PUBLI
Page 78 and 79:
Page 80 and 81:
Page 82 and 83:
-980-Revenue and Transportation Int
Page 84 and 85:
-982-ACCUMULATIVE TABLEThe Administ
Page 86 and 87:
-984-FISH, WILDLIFE, AND PARKS, Dep
Page 88 and 89:
-986-(Board of Barbers and Cosmetol
Page 90 and 91:
-988-Organizations - Waiver of Cont
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