Montana Administrative Register Notice 12-406 No. 5   03/13/2014    
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In the matter of the amendment of ARM 12.11.645 pertaining to Whitefish River





TO: All Concerned Persons


            1. On April 10, 2014, at 6:00 p.m., the Fish and Wildlife Commission (commission) will hold a public hearing at the Whitefish City Hall, 418 Second Street East, Whitefish, Montana, to consider the proposed amendment of the above-stated rule.


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 department no later than 5:00 p.m. on March 28, 2014, to advise us of the nature of the accommodation that you need. Please contact Jessica Snyder, Department of Fish, Wildlife and Parks, PO Box 200701, Helena, Montana, 59620-0701; telephone (406) 444-9785; fax (406) 444-7456; or e-mail jesssnyder@mt.gov.


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


            12.11.645  WHITEFISH RIVER (1) Whitefish River is located in Flathead County. 

            (2)  Whitefish River is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas: from its confluence with Whitefish Lake to the bridge on JP Road.

            (a) Whitefish River from its confluence with Whitefish Lake to the bridge on the JP Road.

(3) Whitefish River is limited to manually and electric powered watercraft from its confluence at the railroad trestle south of Whitefish Lake outlet to the bridge on JP Road.


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

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


REASON: On December 5, 2013, the City of Whitefish submitted a petition to the Fish and Wildlife Commission to limit a portion of the Whitefish River to manually and electric powered watercraft only. The city's reasoning in the petition for limiting the use on this portion of the river is to provide a unique, quiet, and safe refuge for locals and visitors who are seeking an alternative recreational experience.


            4. Concerned persons may submit their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to: Department of Fish, Wildlife and Parks Region 1 Office, 490 North Meridian Rd., Kalispell, MT 59901; fax (406) 257-0349; or e-mail cjust@mt.gov, and must be received no later than April 18, 2014.


5. Jim Satterfield or another hearing officer appointed by the department has been designated to preside over and conduct the hearing.


6. 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 a 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, PO 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.


7. An electronic copy of this proposal notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice, as printed in the Montana Administrative Register, but advises all concerned persons that in the event of a discrepancy between the official printed text of the notice and the electronic version of the notice, only the official printed text will be considered.  In addition, although the Secretary of State works to keep its web site accessible at all times, concerned persons should be aware that the web site may be unavailable during some periods, due to system maintenance or technical problems.


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


9. With regard to the requirements of 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.



/s/ Zach Zipfel                                              /s/ Dan Vermillion

Zach Zipfel                                                  Dan Vermillion

Rule Reviewer                                             Chairman

                                                                  Fish and Wildlife Commission


Certified to the Secretary of State March 3, 2014.



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