BEFORE THE FISH, WILDLIFE AND PARKS COMMISSION

OF THE STATE OF MONTANA

To: All Concerned Persons

1. On April 18, 2007, at 6:00 p.m. the Fish, Wildlife and Parks Commission (commission) will hold a public hearing at the Lewis and Clark Public Library, 120 South Last Chance Gulch, Helena, Montana to consider the amendment of the above-stated rule.

2. The commission will make reasonable accommodations for persons with disabilities who wish to participate in these public hearings 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 March 29, 2007, to advise us of the nature of the accommodation that you need. Please contact Craig Marr, Fish, Wildlife and Parks, Helena Area Resource Office, 1420 East 6th Avenue, P.O. Box 200701, Helena, MT 59620-0701; telephone (406) 495-3270; fax (406) 495-3273; e-mail cmarr@mt.gov.

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

12.11.3205 HAUSER RESERVOIR (1) Hauser Reservoir is located in Lewis and Clark County.

(2) Hauser Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas:

(a) Lakeside marina within 300 feet of the docks or as buoyed;

(b) Hauser Lake State Park at Black Sandy Beach within 300 feet of the docks or as buoyed;

(c) Spokane Creek Bay within 500 feet from the mouth of the bay or as buoyed;

(d) Devil's Elbow Campground, from the campground shore to 100 feet into the Missouri River channel or as buoyed;

(e) Clark's Bay from shoreline to 300 feet from shore or as buoyed; and

(f) York Bridge fishing access site within 300 feet of the boat ramp and dock area or as buoyed.; and

(g) White Sandy Recreation Area within 300 feet of docks and swim area or as buoyed.

(3) The upper end of Hauser Reservoir from Canyon Ferry Dam to below Brown's Gulch is either closed as posted or marked by barrel booms to the use of all watercraft, during the time period beginning October 15 and ending December 15 of each year.

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

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

4. The primary purpose of this rule amendment is to protect public safety. The Bureau of Land Management (BLM) has developed the White Sandy Recreation Area on Hauser Reservoir which will be open for public use this summer. The site will provide day use and overnight camping opportunities for the public. With the development of the new site and a large capacity for motorboat launching, there will be increased use in the area. The BLM petitioned the commission to establish a no wake zone 300 feet from the docks, boat ramp, and swim area at White Sandy Recreation Area to maintain public safety around the high use areas of the site. Other advantages of the no wake zone are to protect the unstable, sandy shoreline from further erosion and to protect visitors' personal property by reducing wave action around the boat ramp and docks which could damage boats moored at the dock or beached on the shoreline. The proposed no wake zone will be consistent with previously established no wake zones at Black Sandy State Park, York Bridge fishing access site, Devil’s Elbow Campground, and Clark’s Bay Recreation Site.

5. Concerned persons may present their data, views, or arguments, either orally or in writing, at the hearing. Written data, views, or arguments may also be submitted to Craig Marr, Fish, Wildlife and Parks, Helena Area Resource Office, 1420 East 6th Avenue, P.O. Box 200701, Helena, MT 59620-0701; telephone (406) 495-3270; fax (406) 495-3273; e-mail cmarr@mt.gov and must be received no later than April 19, 2007.

6. Rebecca Dockter, or another hearing officer appointed by the department, has been designated to preside over and conduct the hearing.

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 notice requirements of 2-4-302, MCA, do not apply.

Certified to the Secretary of State March 12, 2007