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 Fairweather Fishing Access Site in Gallatin 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 closing the Fairweather Fishing Access Site:

            (a) There are ice jams on the Missouri River that have caused water to channel and flood multiple portions of the Fairweather Fishing Access Site.

            (b) The combination of dangerous conditions includes changing flooded areas throughout the site, moving ice and debris, and potentially unstable trees that could fall, rendering unsafe conditions for pedestrian and vehicle travel. 

            (c) Persons recreating at the fishing access site would be at risk of injury or drowning.

            (d) Therefore, as this situation constitutes an imminent peril to public health, safety, and welfare, due to the combination of unsafe conditions, and this threat cannot be averted or remedied by any other administrative act, the department adopts the following emergency rule.  This 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. 1 of the 2024 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 January 26, 2024, 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) 444-1285; or e-mail cbell@mt.gov.

 

3. The emergency rule is effective January 5, 2024, when this rule notice is filed with the Secretary of State.

 

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

 

            RULE I FAIRWEATHER FISHING ACCESS SITE EMERGENCY CLOSURE 

 (1) The Fairweather Fishing Access Site is located along the Missouri River in Gallatin County.

            (2) The Fairweather Fishing Access Site is closed to all public occupation and recreation as signed.

            (3) This rule will remain in effect until the department determines that the site is again safe for public occupancy.  This will depend on the extent and duration of the ice jams on the river causing flooding into the fishing access site.  Signs closing the 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.  They should submit their comments along with their names and addresses to: Christina Bell, Fish, Wildlife and Parks, 1420 East Sixth Avenue, P.O. Box 200701, Helena, MT 59620-0701; or e-mail cbell@mt.gov.  Any comments must be received no later than February 12, 2024.

 

7. The department maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by the department. 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, 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 January 5, 2024.

 

/s/ Quentin Kujala                                                                /s/ Kevin Rechkoff

Quentin Kujala                                                                     Kevin Rechkoff

Chief of Conservation Policy                                               Rule Reviewer

Department of Fish, Wildlife and Parks   

 

Certified to the Secretary of State January 5, 2024.