BEFORE THE Department of FISH, WILDLIFE AND PARKS

OF THE STATE OF MONTANA

 

In the matter of the adoption of an emergency rule closing the Yellowstone River in Park County

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NOTICE OF ADOPTION OF EMERGENCY RULE

 

            TO: All Concerned Persons

 

1. The Department of Fish, Wildlife and Parks (department) has determined the following reasons justify the adoption of an emergency rule:

(a) The Highway 89 bridge trestle, which crosses the Yellowstone River, is at risk of structural failure and collapse.

(b) Persons recreating on or near the Yellowstone River surrounding the trestle are at risk of injury or death due to possible collapse of the bridge.

(c) Therefore, as this situation constitutes an imminent peril to public health, safety, and welfare, and this threat cannot be averted or remedied by any other administrative act, the department adopts the following emergency rule. The emergency rule will be sent as a press release to newspapers throughout the state. Also, signs informing the public of the closure will be posted at access points. The rule will be sent to interested parties and published as an emergency rule in Issue No. 15 of the 2022 Montana Administrative Register.

 

2. The department will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of the notice. If you require an accommodation, contact the department no later than 5:00 p.m. on August 19, 2022, to advise us of the nature of the accommodation that you need. Please contact Jessica Snyder, Fish, Wildlife and Parks, 1420 East Sixth Avenue, P.O. Box 200701, Helena, MT 59620-0701; telephone (406) 444-9785; or e-mail jesssnyder@mt.gov.

 

3. The emergency rule is effective July 20, 2022, when this rule notice is filed with the Secretary of State.

 

4. The text of the emergency rule provides as follows:

 

RULE I YELLOWSTONE RIVER EMERGENCY CLOSURE (1)  A portion of the Yellowstone River is in Park County.

(2) The Yellowstone River is closed to all recreational use from the Mayor's Landing Fishing Access Site to the Sheep Mountain Fishing Access Site.

            (3) This rule will remain in effect until the department determines that the affected area of the Yellowstone River is again safe for public occupancy and recreational use.  Signs closing the river will be removed when the rule is no longer effective.

 

            AUTH:            2-4-303, 87-1-202, MCA

               IMP:             2-4-303, 87-1-202, MCA

           

            5.  The rationale for the emergency rule is set forth in paragraph 1.

 

6. Concerned persons are encouraged to submit their comments to the department. Please submit comments along with names and addresses to: Jessica Snyder, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, MT, 59602-0701; e-mail jesssnyder@mt.gov. Any comments must be received no later than September 2, 2022.

 

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 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 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 by completing the request form at any rules hearing held by the department.

 

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

 

9. The special notice requirements of 2-4-303, MCA have been met. All committee members and staff of the Environmental Quality Council, with addresses provided on the Montana Legislature's website (leg.mt.gov), were contacted by e-mail on July 20, 2022.

 

 

/s/ Mike Volesky Mike Volesky Chief of Operations Department of Fish, Wildlife and Parks

/s/ Zach Zipfel Zach Zipfel Rule Reviewer

 

Certified to the Secretary of State July 20, 2022.