Montana Administrative Register Notice 12-457 No. 17   09/10/2015    
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In the matter of the adoption of a temporary emergency rule closing Holter Lake from the point of Oxbow Bend to Holter Lake Dam 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)      The Bray wildfire is burning in the Bray Gulch near Holter Lake.

          (b)      Fire suppression efforts include several scooper planes and helicopters scooping and bucketing water from Holter Lake.

          (c)      The closure is necessary so helicopter and airplane crews can safely operate and maneuver without potential collisions with recreationists on the lake. The closure is also necessary so recreationists, including those with limited maneuverability, are not subject to potential collision with large, heavy water buckets suspended from helicopters.

 (d)     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 2015 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 25, 2015, to advise us of the nature of the accommodation that you need. Please contact Kaedy Gangstad, Fish, Wildlife and Parks, 1420 East Sixth Avenue, P.O. Box 200701, Helena, MT 59620-0701; telephone (406) 444-4594; or e-mail kgangstad@mt.gov.


          3.       The temporary emergency rule is effective September 1, 2015, when this rule notice is filed with the Secretary of State.


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


          RULE I  HOLTER LAKE TEMPORARY EMERGENCY CLOSURE (1) Holter Lake is located in Lewis and Clark County.

          (2) Holter Lake is closed from the point of Oxbow Bend to the Holter Lake Dam to all public occupation and recreation including, but not limited to, floating, swimming, wading, and boating.

          (3) This rule is effective as long as the lake is needed as a source of water for fire suppression efforts. This will depend on the extent and duration of the fire in the area. Posted signs regarding the emergency closure will be removed when the rule is no longer effective. 


          AUTH: 2-4-303, 87-1-303, MCA

          IMP: 2-4-303, 87-1-303, 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 Gary Bertellotti, Department of Fish, Wildlife and Parks, 4600 Giant Springs Rd, Great Falls, MT 59405; or e-mail gbertellotti@mt.gov. Any comments must be received no later than October 9, 2015.


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, 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/ M. Jeff Hagener

M. Jeff Hagener


Department of Fish, Wildlife and Parks


/s/ William Schenk

William Schenk

Rule Reviewer


Certified to the Secretary of State September 1, 2015.


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