Bowedark
Member
BEFORE THE FISH, WILDLIFE AND PARKS COMMISSION
OF THE STATE OF MONTANA
In the matter of the adoption of new rule I pertaining to an annual lottery of hunting licenses )
)
)
) NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION
TO: All Concerned Persons
1. On January 11, 2006, at 7:00 p.m. a public hearing will be held at the Department of Fish, Wildlife and Parks, 1420 East Sixth Avenue, Helena, Montana, to consider the adoption of new rule I pertaining to an annual lottery of hunting licenses.
2. The Fish, Wildlife and Parks Commission (commission) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing 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 28, 2005, 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 [email protected].
3. The proposed new rule provides as follows:
NEW RULE I SUPER-TAG HUNTING LICENSES (1) The department will issue one deer, one elk, one shiras moose, one mountain sheep, and one mountain goat hunting license each year through a lottery. These hunting licenses are known as "super-tags."
(2) For each species, an unlimited number of chances to draw a super-tag will be sold at $5 per chance. Chances will be sold by license agents as defined in ARM 12.3.201A or through the department authorized website on the internet. License agents will receive a commission of $0.50 for each super-tag transaction for a species. A transaction in this case means the purchase of one or more super-tag chances of the same species at one time. Individuals purchasing a ticket through the internet shall pay a convenience fee in accordance with the current internet provider contract.
(3) After the completion of the special license drawing for a species, the department will conduct a computerized drawing selecting randomly the super-tag winner for that species. The department shall issue the appropriate super-tag to the lottery winner.
(4) Only a person legally able to be licensed under current Montana statutes may purchase chances to draw a super-tag or use a super-tag. A person must possess a valid conservation license to be eligible to purchase a chance to draw a super-tag.
(5) The super-tag is valid for the taking of one animal of the species for which it is issued and is valid only for the current license year. A super-tag may be used in any legally described hunting district open for hunting of that species. A super-tag may be used only during the legal hunting season for the species for which it is issued. The person using the super-tag may use it only during a hunting district’s open season and is subject to all hunting regulations, including special weapons regulations, that apply to a hunting district. However, if a hunting district requires a permit to hunt that species in that district, a super-tag can be used without the special permit.
(6) In the event that a person who drew a license or purchased a license is also drawn for the super-tag for the same species, the person must surrender the license to the department before receiving the super-tag. The department will refund the license fee paid by the winner of the super-tag. The person winning the super-tag shall retain any accumulated bonus points for that species.
(7) The super-tag is a nontransferable license.
AUTH: 87-1-271, 87-1-301, MCA
IMP: 87-1-271, MCA
4. The new rule is being proposed to implement legislation passed in the 2005 Legislative Session. The Montana Legislature passed HB 235 which allows the commission to issue through a lottery one license each year for deer, elk, shiras moose, mountain sheep and mountain goat, with all proceeds from the annual lottery of these hunting licenses being dedicated to hunting access enhancement. 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.
Since HB 235 created new authority for the department to issue licenses through a lottery and directs the commission to establish rules regarding the conduct of the lottery, the use of the license issued, and the price of the lottery ticket, it is necessary for the commission to adopt rules for issuing lottery licenses authorized under its new authority.
5. Concerned persons may present their data, views or arguments, either orally or in writing, at the hearing. Written data, views or arguments may also be submitted to Hank Worsech, Fish, Wildlife and Parks, P.O. Box 200701, Helena, MT 59620-0701; telephone (406) 444-2663; fax (406) 444-3707; or email at [email protected] and must be received no later than January 19, 2006.
6. Hank Worsech, or another hearing officer appointed by the department, has been designated to preside over and conduct the hearing.
7. 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 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 be completing the request form at any rules hearing held by the department.
8. The bill sponsor notice requirements of 2-4-302, MCA, apply and have been fulfilled.
/s/ Steve Doherty /s/ Rebecca Dockter
Steve Doherty, Chairman Rebecca Dockter
Fish, Wildlife and Parks Rule Reviewer
Commission
Certified to the Secretary of State December 12, 2005
OF THE STATE OF MONTANA
In the matter of the adoption of new rule I pertaining to an annual lottery of hunting licenses )
)
)
) NOTICE OF PUBLIC HEARING ON PROPOSED ADOPTION
TO: All Concerned Persons
1. On January 11, 2006, at 7:00 p.m. a public hearing will be held at the Department of Fish, Wildlife and Parks, 1420 East Sixth Avenue, Helena, Montana, to consider the adoption of new rule I pertaining to an annual lottery of hunting licenses.
2. The Fish, Wildlife and Parks Commission (commission) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing 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 28, 2005, 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 [email protected].
3. The proposed new rule provides as follows:
NEW RULE I SUPER-TAG HUNTING LICENSES (1) The department will issue one deer, one elk, one shiras moose, one mountain sheep, and one mountain goat hunting license each year through a lottery. These hunting licenses are known as "super-tags."
(2) For each species, an unlimited number of chances to draw a super-tag will be sold at $5 per chance. Chances will be sold by license agents as defined in ARM 12.3.201A or through the department authorized website on the internet. License agents will receive a commission of $0.50 for each super-tag transaction for a species. A transaction in this case means the purchase of one or more super-tag chances of the same species at one time. Individuals purchasing a ticket through the internet shall pay a convenience fee in accordance with the current internet provider contract.
(3) After the completion of the special license drawing for a species, the department will conduct a computerized drawing selecting randomly the super-tag winner for that species. The department shall issue the appropriate super-tag to the lottery winner.
(4) Only a person legally able to be licensed under current Montana statutes may purchase chances to draw a super-tag or use a super-tag. A person must possess a valid conservation license to be eligible to purchase a chance to draw a super-tag.
(5) The super-tag is valid for the taking of one animal of the species for which it is issued and is valid only for the current license year. A super-tag may be used in any legally described hunting district open for hunting of that species. A super-tag may be used only during the legal hunting season for the species for which it is issued. The person using the super-tag may use it only during a hunting district’s open season and is subject to all hunting regulations, including special weapons regulations, that apply to a hunting district. However, if a hunting district requires a permit to hunt that species in that district, a super-tag can be used without the special permit.
(6) In the event that a person who drew a license or purchased a license is also drawn for the super-tag for the same species, the person must surrender the license to the department before receiving the super-tag. The department will refund the license fee paid by the winner of the super-tag. The person winning the super-tag shall retain any accumulated bonus points for that species.
(7) The super-tag is a nontransferable license.
AUTH: 87-1-271, 87-1-301, MCA
IMP: 87-1-271, MCA
4. The new rule is being proposed to implement legislation passed in the 2005 Legislative Session. The Montana Legislature passed HB 235 which allows the commission to issue through a lottery one license each year for deer, elk, shiras moose, mountain sheep and mountain goat, with all proceeds from the annual lottery of these hunting licenses being dedicated to hunting access enhancement. 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.
Since HB 235 created new authority for the department to issue licenses through a lottery and directs the commission to establish rules regarding the conduct of the lottery, the use of the license issued, and the price of the lottery ticket, it is necessary for the commission to adopt rules for issuing lottery licenses authorized under its new authority.
5. Concerned persons may present their data, views or arguments, either orally or in writing, at the hearing. Written data, views or arguments may also be submitted to Hank Worsech, Fish, Wildlife and Parks, P.O. Box 200701, Helena, MT 59620-0701; telephone (406) 444-2663; fax (406) 444-3707; or email at [email protected] and must be received no later than January 19, 2006.
6. Hank Worsech, or another hearing officer appointed by the department, has been designated to preside over and conduct the hearing.
7. 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 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 be completing the request form at any rules hearing held by the department.
8. The bill sponsor notice requirements of 2-4-302, MCA, apply and have been fulfilled.
/s/ Steve Doherty /s/ Rebecca Dockter
Steve Doherty, Chairman Rebecca Dockter
Fish, Wildlife and Parks Rule Reviewer
Commission
Certified to the Secretary of State December 12, 2005
