Montana Administrative Register Notice 12-382 No. 17   09/06/2012    
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In the matter of the adoption of a temporary emergency rule closing the Beartooth Wildlife Management Area in Lewis and Clark County








TO:  All Concerned Persons


            1.         The Department of Fish, Wildlife and Parks (department) has determined the following reasons justify the adoption of a temporary emergency rule:

            (a)       A wildfire is burning in the Beartooth Wildlife Management Area.

            (b)       Persons recreating on the Beartooth Wildlife Management Area would be subjected to erratic and unpredictable fire conditions posing a danger of:

(i)         becoming surrounded and trapped by the fire;

(ii)        becoming a potential burden to rescue and fire crews; or

(iii)       death.

(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 temporary 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 a temporary emergency rule in Issue No. 17 of the 2012 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 21, 2012, 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) 444-9785; fax (406) 444-7456; or e-mail jesssnyder@mt.gov.


            3.         The temporary emergency rule is effective August 23, 2012 when this rule notice is filed with the Secretary of State.


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


            RULE I  BEARTOOTH WILDLIFE MANAGEMENT AREA TEMPORARY EMERGENCY CLOSURE  (1)  The Beartooth Wildlife Management Area is located in Lewis and Clark County.

            (2)  The Beartooth Wildlife Management Area is closed to all public occupation, hunting, and recreation.

            (3)  This rule is effective as long as there is fire threatening the Beartooth Wildlife Management Area and until the department repeals this rule.

            (4)  This rule will expire as soon as the department determines the Beartooth Wildlife Management Area is again safe for occupation and recreation.  This will depend on the extent and duration of the fire in the area.  Signs restricting use of the Beartooth Wildlife Management Area will be removed when the rule is no longer effective.


            AUTH: 23-1-106, MCA

               IMP: 23-1-106, MCA


            5.         The rationale for the temporary emergency rule is as 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 Jessica Snyder, Legal Unit, Department of Fish, Wildlife and Parks, 1420 East Sixth Avenue, P.O. Box 200701, Helena, MT 59620-0701; telephone (406) 454-5845; fax (406) 761-8477; or e-mail jesssnyder@mt.gov.  Any comments must be received no later than October 5, 2012.


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.


/s/ David Risley

David Risley, Acting Director

Department of Fish, Wildlife and Parks

/s/ Rebecca Jakes Dockter

Rebecca Jakes Dockter

Rule Reviewer


Certified to the Secretary of State August 23, 2012.


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