(1) All watercraft operating on public lakes and public reservoirs in the western fishing district which contain 35 acres or less of surface water are limited to a controlled no wake speed as defined in ARM 12.11.101.

(a) the department shall determine lake size by means of the   1:100,000 scale hydrography layer within the department's geographic information system (GIS) .

(b) the department shall determine landownership by means of the 1:100,000 scale landownership layer within the department's GIS and any other methods available to the department.

(2) An alphabetical list of the waters determined by the department pursuant to (1) (a) and (1) (b) of this rule to be restricted by this rule is found in the department's publication

entitled Montana Boating Laws (May 2001 ed.) , and this list is incorporated by reference as part of this rule.   Montana Boating Laws may be obtained by contacting the nearest department regional office or by telephoning the request to (406) 444-4041 or by sending a written request to Department of Fish, Wildlife and Parks, Conservation Education, 1420 East 6th Avenue, P.O. Box 200701, Helena, MT 59620-0701.

(3) Any more specific regulations adopted by the commission pertaining to bodies of water affected by this rule are controlling.

(4) This rule is effective May 15, 2001.

History: 23-1-106, 87-1-301, 87-1-303, MCA; IMP, 23-1-106, 23-1-501, 87-1-303, MCA; NEW, 2000 MAR p. 2975, Eff. 5/15/01.