BEFORE THE STATE PARKS AND RECREATION BOARD AND
THE FISH AND WILDLIFE COMMISSION
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 12.14.101, 12.14.105, 12.14.110, 12.14.115, 12.14.120, 12.14.125, 12.14.130, 12.14.150, 12.14.155, 12.14.160, and 12.14.165, the adoption of NEW RULE I, and repeal of 12.14.135, 12.14.140, and 12.14.145 pertaining to commercial use rules
NOTICE OF AMENDMENT, ADOPTION, AND REPEAL
TO: All Concerned Persons
1. On May 8, 2014, the State Parks and Recreation Board (board) and the Fish and Wildlife Commission (commission) published MAR Notice No. 12-404 pertaining to the public hearing on the proposed amendment, adoption, and repeal of the above-stated rules at page 897 of the 2014 Montana Administrative Register, Issue Number 9.
2. The board and commission have amended ARM 12.14.101, 12.14.105, 12.14.110, 12.14.115, 12.14.120, 12.14.125, 12.14.130, 12.14.150, 12.14.155, 12.14.160, and 12.14.165 as proposed.
3. The board and commission have adopted NEW RULE I (12.14.121) as proposed, but with the following changes from the original proposal, new matter underlined, deleted matter interlined:
NEW RULE I (12.14.121) SUSPENSION OR REVOCATION OF PERMIT
(1) and (2) remain as proposed.
(3) Causes for suspending a permit include:
repeated willful, purposeful, or negligent violation of the commercial use rules or specific river use rules;
repeated willful, purposeful or negligent falsification of use records;
repeated willful, purposeful or negligent failure to comply with the terms of the permit;
(d) acts that negatively limit the opportunities or use by the general public of resources covered under the permit;
(e) acts that are harmful to natural resource values; and
(f) acts that endanger the health, safety, and welfare of the public.
(4) remains as proposed.
(5) Causes for revoking a permit include the following:
(a) conducting commercial use while a permit is suspended;
repeated willful, purposeful, or negligent violation of the commercial use rules or specific river use rules after having been formally placed on suspension;
repeated willful, purposeful, or negligent falsification of use records after having been formally placed on suspension; and
repeated failure to comply with the terms of the permit after having been formally placed on suspension.
(6) through (8) remain as proposed.
AUTH: 23-1-105, 23-1-106, 87-1-301, 87-1-303, MCA
IMP: 23-1-105, 23-1-106, 87-1-303, MCA
4. The board and commission repealed ARM 12.14.135, 12.14.140, and 12.14.145 as proposed.
5. The board and commission have thoroughly considered the comments and testimony received. A summary of the comments received and the responses are as follows:
COMMENT 1: One comment expressed concern about excluding individual photographers from the commercial use rules because it could result in other types of commercial use requesting an exception.
RESPONSE 1: The commission and board decided to exclude individual photographers because these photographers do not always know in advance whether they intend to sell their photographs and this type of commercial use is very difficult to detect and administer.
COMMENT 2: One comment supported the definition of "non-profit organization."
RESPONSE 2: The commission and the board appreciate the support.
COMMENT 3: One comment requested the commission and board delete the words "collect fees from clients" from ARM 12.14.120. The comment stated fee collection by agents is a standard business because the outfitter in charge of the trip is not present in all locations where their employees or contractors are conducting trips with clients.
RESPONSE 3: The commission and the board are prepared to make this proposal through a separate rulemaking effort in the near future.
COMMENT 4: One comment supported NEW RULE I.
RESPONSE 4: The commission and the board appreciate the support.
COMMENT 5: The department recommended that the board and the commission strike the word “repeated” from the causes for suspending or revoking a permit. The department explained that violations should not occur multiple times in order to warrant a suspension or revocation.
RESPONSE 5: The board and the commission adopted NEW RULE I (12.14.121) as recommended.
COMMENT 6: One comment stated the commission and board should focus on resource issues instead of over-regulating commercial users who abide by the rules.
RESPONSE 6: The commission, board, and department develop rules and policies that address all resource issues. Rules are necessary to properly administer commercial use occurring on public lands and address serious violations such as illegal outfitting and guiding.
COMMENT 7: One comment stated commercial users are good stewards of the rivers and help keep the rivers clean, practice catch and release, report poaching, and bring millions of dollars of out of state revenue to Montana and expressed concern about the new fees.
RESPONSE 7: The rule establishing fees is outside the scope of this rulemaking process.
COMMENT 8: One comment discussed the no wake zone on Lake Alva.
RESPONSE 8: This comment is outside the scope of this rulemaking process.
/s/ Tom Towe
Tom Towe, Chairman
State Parks and Recreation Board
/s/ Dan Vermillion
Dan Vermillion, Chairman
Fish and Wildlife Commission
/s/ Rebecca Dockter
Certified to the Secretary of State October 14, 2014.