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 Stillwater River in Stillwater County

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NOTICE OF ADOPTION OF AN 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) A pipeline exposed in the Stillwater River is impeding persons floating on the river.  Persons recreating on the river are required to exit their watercraft to negotiate around the pipeline into fast moving waters and a strainer.

           (b) Persons recreating on the river are at risk of injury or drowning due to the pipeline obstruction and downstream strainer.

(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. 16 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 September 9, 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) 444-4594; or e-mail JessSnyder@mt.gov.

 

3. The emergency rule is effective August 8, 2022, when this rule notice is filed with the Secretary of State.

 

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

 

            NEW RULE I  STILLWATER RIVER IN STILLWATER COUNTY EMERGENCY CLOSURE  (1) A portion of the Stillwater River is in Stillwater County.

            (2) The Stillwater River is closed to floating and boating from the Absaroka Fishing Access Site to the confluence of Rosebud Creek.

            (3) Fishing from the shoreline is not restricted by this rule.

            (4) This rule will expire as soon as the department determines the river is again safe for occupation and recreation. This will depend on the duration of the pipeline remaining in the river. 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 23, 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 August 8, 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 August 8, 2022.