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 Kookoosint Fishing Access Site in Sanders 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 River Road East Fire continues to grow and is in close proximity to the Kookoosint Fishing Access Site (FAS), in Sanders County, Montana.  On August 19, 2023, the department received a request from fire incident command to close the FAS as the River Road East Fire poses a threat to human life.  Aerial fire operations are occurring over or near the FAS, and the fire is expected to continue to grow, presenting safety issues for fire personnel and the recreating public.   

           (b) In order to protect the public and fire personnel from any injuries resulting from the River Road East Fire, the Kookoosint FAS is closed to all uses, including recreational activities.

(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 partial 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 2023 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 8, 2023, to advise us of the nature of the accommodation that you need. Please contact Christina Bell, Fish, Wildlife and Parks, 1420 East Sixth Avenue, P.O. Box 200701, Helena, MT 59620-0701; telephone (406) 444-4594; or e-mail cbell@mt.gov.

 

3. The emergency rule is effective August 21, 2023, when this rule notice is filed with the Secretary of State.

 

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

 

            NEW RULE I  CLOSURE OF THE KOOKOOSINT FISHING ACCESS SITE 

            (1) The Kookoosint Fishing Access Site is located in Sanders County.

            (2) Due to the imminent risk to human health and safety posed by the River Road East Fire, the Kookoosint Fishing Access Site is closed to all public occupation and recreation.  

            (3) This rule will expire as soon as the department determines the fire conditions improve and no longer present a risk to public health and safety.  This will depend on weather conditions and the extent of the fire damage.  Signs closing the Kookoosint Fishing Access Site 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: Christina Bell, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, MT, 59602-0701; e-mail cbell@mt.gov. Any comments must be received no later than September 25, 2023.

 

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 21, 2023.

 

 

/s/ Dustin Temple Dustin Temple Director Department of Fish, Wildlife and Parks

/s/ Kevin Rechkoff Kevin Rechkoff Rule Reviewer

 

Certified to the Secretary of State August 21, 2023.