BEFORE THE FISH, WILDLIFE AND PARKS COMMISSION

OF THE STATE OF MONTANA

 

In the matter of the adoption of NEW RULE I pertaining to a no wake zone on Echo Lake

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NOTICE OF ADOPTION

 

To: All Concerned Persons

 

1. On January 31, 2008, the Fish, Wildlife and Parks Commission (commission) published MAR Notice No. 12-339 on the proposed adoption of the above-stated rule at page 85 of the 2008 Montana Administrative Register, Issue No. 2.

 

 

2. The commission has adopted New Rule I (ARM 12.11.2204) as proposed.

 

3. The following comments were received and appear with the commission's responses:

 

Comment 1: A majority of the comments received were in favor of this rule because it would enable motorboat operators to pull a skier or wake boarder through the corridors and past the islands providing a continuous route to the main body of water and relieving the concentration of boats in Blackies and Causeway Bays.

 

Response 1: The commission agrees that removing the 200-foot no wake zone will provide a continuous route to the main body of water and relieve the concentration of boats in Blackies and Causeway Bays.

 

Comment 2: The commission received several comments endorsing this rule because it would restore the rights and historical use of boaters to use the lake as they had prior to August 2006.

 

Response 2: ARM 12.11.115 was in effect May 15, 2001. It was not strictly enforced until August of 2006 but it was still in effect and boaters are trusted to follow laws and regulations even when enforcement cannot be present.

 

Comment 3: The commission received several comments stating that this rule will make the lake more dangerous for nonmotorized boat operators and families enjoying their docks and swimming areas.

 

Response 3: This rule will be a supplement to other existing rules and regulations. Vessels must be 75 feet from a fisherman or waterfowl hunter pursuant to other rules in effect. Personal Watercraft still must maintain a 200-foot no wake from any dock, swimmer, swimming raft, nonmotorized boat, or anchored vessel. Vessels cannot make a reckless approach to, departure from, or passage by a dock, ramp, diving board, or float. Violation of any of these rules can result in a citation even where this rule is in effect.

 

Comment 4: The commission received several comments stating that this rule will be unsafe because it is not safe to enter the corridors at a high rate of speed because visibility is very restricted from various approach angles.

 

Response 4: Causeway Bay has a straight line of site unless entering from right angles to the bay. Blackies Bay has a corner in the corridor and visibility is limited. The area around the three islands is wider and has clear visibility. Boaters must obey other more restrictive boating laws including reckless boat operation and personal watercraft operation and they are responsible for safely operating boats regardless of the rules.

 

Comment 5: The commission received a few comments stating that the proposed rule will not compromise safety when traveling through the corridors or around the islands.

 

Response 5: Causeway Bay has a straight line of site unless entering from right angles to the bay. Blackies Bay has a corner in the corridor and visibility is limited. The area around the three islands is wider and has clear visibility. Boaters must obey other more restrictive boating laws including reckless boat operation and personal watercraft operation and they are responsible for safely operating boats regardless of the rules.

 

Comment 6: The commission received a few comments stating the existing 200- foot no wake zone, ARM 12.11.115, retains the qualities of the lake that attract so many different types of recreationists.

 

Response 6: This rule allows for multiple recreational uses, but restricts wake speeds within 200 feet of shorelines. This rule allows wake speeds through the channels of Causeway Bay, Blackies Bay and around the three islands in the southwest corner of section 5. The public can fish, hunt, motor boat, water ski, canoe, kayak, and use personal watercraft on the lake.

 

 

Comment 7: The commission received a couple of comments stating the existing 200-foot no wake zone, ARM 12.11.115, treats Echo Lake just like every other lake in the western fishing district and due to its unique shoreline and geography it should not be lumped into the same rule as other lakes.

 

Response 7: After two years of citizen's advisory committee meetings and hundreds of comments, the commission adopted the existing 200-foot no wake zone, ARM 12.11.115, on all western lakes including Echo Lake effective May 15, 2001 in response to requests by homeowners and recreationists for uniform boating regulations.

 

Comment 8: The commission received a few comments stating ARM 12.11.115 is an unreasonable and arbitrary limitation of the property rights of property owners on Echo Lake, particularly those with property in the Bays.

 

Response 8: Echo Lake is a public resource that belongs to everyone and the rules restricting motorboat use on that public resource do not affect private property rights.

 

Comment 9: The commission received one comment stating this rule will create a liability issue for the commission.

 

Response 9: Determining liability is dependent upon the facts of each and every situation in a court of law.

 

Comment 10: The commission received a few comments stating ARM 12.11.115 decreases their property values.

 

Response 10: Echo Lake is a public resource that belongs to everyone and the rules restricting motorboat use on that public resource do not affect private property rights or values.

 

Comment 11: The commission received a couple of comments stating this rule would foster those who have a disregard for the rules of the lake and for the safety of others.

 

Response 11: Fish, Wildlife and Parks enforces all rules equally to everyone.

 

Comment 12: The commission received one comment stating this rule allows for greater flexibility and encourages better cooperation between boaters and swimmers.

 

Response 12: The commission appreciates the support and encourages cooperation between all recreationists at all times.

 

Comment 13: One person asked why ARM 12.11.115 isn't effective statewide if it such a good rule.

 

Response 13: The commission adopted ARM 12.11.115 in response to the request of homeowners and recreationists in response to over 500 comments on a proposed management plan for the Thompson Chain of Lakes. It was evident that recreationists and homeowners alike saw a need for more uniform boating regulations and new boating regulations. Of these comments, 75% favored new regulations on public waters in the western fishing district.

 

Comment 14: The commission received a few comments from the property owners on or near the corridors stating this rule will cause wakes destroying their private property.

 

Response 14: The commission believes this rule will distribute the concentration of boats out of the bays and through the whole lake, which may eliminate damage from wakes to private property.

 

Comment 15: The commission received several comments requesting this rule be adopted for Echo Lake as a whole.

 

Response 15: Using the individual petition procedures outlined in ARM 12.11.117, four petitions were submitted to the commission by landowners on the lake. The commission reviewed all four of the petitions and compromised the petitions into one rule proposal. The commission did not have information on suggestions to extend this rule to all of the lake.

 

Comment 16: The commission received several comments stating ARM 12.11.115 should be applied instead of this rule when water levels are high.

 

Response 16: The water levels of Echo Lake fluctuate and the rules need to remain consistent in order to make compliance with and enforcement of the rules easier.

 

Comment 17: The commission received several comments stating the existing 200-foot no wake zone, ARM 12.11.115, creates a safer and less disturbing environment for the wildlife and people that live in the area.

 

Response 17: Rules and regulations exist that address safety of the land and those remain in effect. A person may not operate a vessel within 75 feet of a fisherman unless unavoidable. If unavoidable, the vessel must be operated at no greater than no wake speed. Personal watercraft still must maintain a 200-foot no wake from any dock, swimmer, swimming raft, nonmotorized boat, or anchored vessel. The final rule does not supersede other more restrictive laws.

 

Comment 18: The commission received one comment stating the existing 200-foot no wake zone, ARM 12.11.115, costs too much money to enforce.

 

Response 18: ARM 12.11.115 will still be effective in Echo Lake with the exception of the corridors in and out of Blackies Bay and Causeway Bay and the three islands in section 5. Fish, Wildlife and Parks provides enforcement of recreational laws and fishing regulations on all waters of the state and will continue to do so.

 

Comment 19: The commission received a few comments stating that any erosion that has taken place has been during high water mark years and is not caused by historical use of Echo Lake.

 

Response 19: Erosion from wave action occurs at all water levels. Erosion is more pronounced and results in more damage during high water levels.

 

/s/ M. Jeff Hagener M. Jeff Hagener, Secretary Fish, Wildlife and Parks Commission

/s/ Rebecca J. Dockter Rebecca J. Dockter Rule Reviewer

 

Certified to the Secretary of State May 12, 2008.