BEFORE THE FISH AND WILDLIFE COMMISSION

OF THE STATE OF MONTANA

 

In the matter of the repeal of ARM 12.11.6702 and 12.11.6706 pertaining to rest/rotation and walk/wade rules on the Madison River

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NOTICE OF PUBLIC HEARING ON PROPOSED REPEAL

 

TO: All Concerned Persons

 

1.  On December 15, 2021, at 10:00 a.m., the Fish and Wildlife Commission (commission) will hold a telephonic public hearing via the ZOOM meeting platform to consider the proposed repeal of the above-stated rules.  There will be no in-person hearing.  Interested parties may access the remote conferencing in the following way:

 

(a) Dial by telephone: 1 206 337 9723

Meeting ID: 871 6059 9966

Password: 194749

 

2. The commission 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 of Fish, Wildlife and Parks (FWP), no later than 5:00 p.m. on December 3, 2021, to advise us of the nature of the accommodation that you need. Please contact Jessica Snyder, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, Montana, 59620-0701; telephone (406) 444-9785; or e-mail jesssnyder@mt.gov.

 

3. The commission proposes to repeal the following rules:

 

12.11.6702  WALK/WADE SECTIONS OF MADISON RIVER

 

AUTH: 87-1-303, MCA

IMP: 87-1-303, MCA

 

            12.11.6706  REST/ROTATION OF MADISON RIVER COMMERCIAL USE

 

AUTH: 87-1-303, MCA

IMP: 87-1-303, MCA

 

REASON:  ARM 12.11.6710 establishes a Madison River Work Group (work group) with the charge to make recommendations on the Madison River recreation management rules to the commission.  At a work group meeting on September 22, 2021, the work group unanimously decided to recommend the commission repeal ARM 12.11.6702 and 12.11.6706.  The work group's rationale for the recommended repeal is due to lack of support for either rule.  At its October 28, 2021, meeting, the commission voted to propose the repeal of the rules based off of the work group's recommendation.

 

            4. Concerned persons may submit their data, views, or arguments orally at the telephonic hearing. Written data, views, or arguments may also be submitted to: Madison River Comments, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, Montana, 59620-0701; or e-mail madisonrivercom@mt.gov, and must be received no later than December 17, 2021.

 

5. Jessica Snyder or another hearing officer appointed by the department has been designated to preside over and conduct the hearing.

 

6. FWP 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: Department of Fish, Wildlife and Parks, Legal Unit, P.O. Box 200701, 1420 East Sixth Avenue, Helena, MT 59620-0701, or may be emailed to jesssnyder@mt.gov.

 

7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.

 

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

 

 

/s/ Kevin Rechkoff                                     /s/ Lesley Robinson

Kevin Rechkoff                                          Lesley Robinson

Rule Reviewer                                           Chair

                                                                   Fish and Wildlife Commission

           

Certified to the Secretary of State November 9, 2021.