BEFORE THE FISH, WILDLIFE AND PARKS COMMISSION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 12.11.501, 12.11.2204, and 12.11.3106 pertaining to no wake zones on Echo Lake and Swan Lake

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NOTICE OF PROPOSED AMENDMENT   NO PUBLIC HEARING CONTEMPLATED

 

To:       All Concerned Persons

 

            1.         On March 26, 2010, the Fish, Wildlife and Parks Commission (commission) proposes to amend the above-stated rules.

 

            2.         The commission will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice.  If you require an accommodation, contact the commission no later than 5:00 p.m. on February 25, 2010, to advise us of the nature of the accommodation that you need.  Please contact Jessica Fitzpatrick, Fish, Wildlife and Parks, P.O. Box 200701, Helena, MT  59620-0701; telephone (406) 444-9785; fax (406) 444-7456; e-mail jfitzpatrick@mt.gov.

 

            3.         The rules as proposed to be amended provide as follows, new matter underlined, deleted matter interlined:

 

12.11.501  LIST OF WATER BODIES  The following is a list of specific regulations on bodies of water with the reference where the rules regarding those bodies of water are located:

            (1) through (34) remain the same.

            (35)        Echo Lake                                                               ARM 12.11.2204

            (35) through (98) remain the same but are renumbered (36) through (99).

            (100)     Swan Lake                                                              ARM 12.11.3106

            (99) through (110) remain the same but are renumbered (101) through (112).

 

AUTH: 23-1-106, 87-1-303, MCA

   IMP:             23-1-106, 87-1-303, MCA

 

12.11.2204  ECHO LAKE  (1)  Echo Lake is located in Flathead County.

(2)  Echo Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), pursuant to ARM 12.11.115 except for the following areas:

(a)  the upper three islands in the southwest corner of section 5, approximately 1/4 mile southeast of the entrance of Blackies Bay.

(b)  the narrow corridor that serves as the entrance and exit to Blackies Bay located in the northwest corner of Echo Lake; and

(c)  the narrow corridor that serves as the entrance and exit to Causeway Bay located in the northeast corner of Echo Lake.

 

AUTH: 23-1-106, 87-1-303, MCA

   IMP:             23-1-106, 87-1-303, MCA

 

12.11.3106  SWAN LAKE  (1)  Swan Lake is located in Lake County.

(2)  Swan Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), pursuant to ARM 12.11.115. the following areas:

(a3)  tThe northern outlet of Swan Lake approximately 3/4 of a mile south to the southern tip of the southern most island (approximately 3/4 of a mile south), or as buoyed, is limited to a controlled no wake speed.

 

AUTH: 23-1-106, 87-1-303, MCA

   IMP:             23-1-106, 87-1-303, MCA

 

REASONABLE NECESSITY:  In May 2008, the commission adopted ARM 12.11.2204 and 12.11.3106 but did not amend ARM 12.11.501 in order to add Echo Lake and Swan Lake to the list of water bodies with reference to the new rules.  The commission is proposing to correct this omission and add Echo Lake and Swan Lake to the list of water bodies with specific regulations.

 

The commission cited an incorrect rule when it adopted ARM 12.11.2204 and 12.11.3106.  The original intention was for Echo Lake to be limited to a controlled no wake speed pursuant to ARM 12.11.115, commonly referred to as the 200 foot no wake zone rule, except for the areas specified.  As currently written, the rule refers to ARM 12.11.101(1) instead of ARM 12.11.115 and has the opposite effect of that intended by the commission by making Echo Lake limited to a no wake speed throughout the entire lake except for the areas specified.  It is the same situation for ARM 12.11.3106 that regulates Swan Lake except it was the commission's intention to extend the 200 foot no wake zone to the entire area described in the rule.

 

The proposed amendments will reflect the commission's original intention and not change how the public recreates on Echo Lake or Swan Lake, nor will it change how the rules were enforced.

 

4.         Concerned persons may present their data, views, or arguments concerning the proposed action in writing to Jessica Fitzpatrick, Fish, Wildlife and Parks, P.O. Box 200701, Helena, MT  59620-0701; fax (406) 444-7456; e-mail jfitzpatrick@mt.gov, and must be received no later than February 25, 2010.

 

5.         If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Jessica Fitzpatrick at the above address no later than 5:00 p.m., February 25, 2010.

 

            6.         If the commission receives requests for a public hearing on the proposed action from either 10% or 25, whichever is less, of the persons who are directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date.  Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those persons directly affected has been determined to be greater than 25 people based on the fact that every Montana citizen has access to Echo Lake and Swan Lake.

 

7.         The Department of Fish, Wildlife and Parks maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by the commission or department.  Persons who wish to have their name added to the list shall make written request which 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 commission or department.

 

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

 

/s/ SHANE COLTON Shane Colton, Chair Fish, Wildlife and Parks Commission

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

Certified to the Secretary of State January 19, 2010.