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This is an obsolete version of the rule. Please click on the rule number to view the current version.

12.14.165    RATIONING AND ALLOCATION OF COMMERCIAL USE

(1) The department's statewide river recreation rules shall govern the rationing and allocation of commercial use on rivers, including fishing access sites that provide access to rivers.

(2) The regional park manager or regional supervisor may recommend that the commission ration and allocate commercial use at a state park, wildlife management area, fishing access site that provides access to lakes, or department administrative site. The department may consider the following when making rationing and allocation recommendations to the commission:

(a) laws, rules, policies, management plans, and land use plans for the site;

(b) overall mission, goals, and objectives of the site;

(c) input from the public;

(d) public safety concerns;

(e) biological conditions;

(f) social conditions;

(g) use conflicts;

(h) past performance of commercial users;

(i) public demand for commercial use; and

(j) other factors as determined by the department.

(3) The department shall describe what actions have already been taken by the department to address a particular problem or concern, why rationing is necessary, and how rationing of use would address a particular problem or concern.  

(4) To the extent possible, the department must monitor and evaluate commercial use of a site to determine whether rationing is necessary and to assess whether rationing has improved conditions.

History: 23-1-105, 23-1-106, 87-1-301, 87-1-303, MCA; IMP, 23-1-105, 23-1-106, 87-1-303, MCA; NEW, 2007 MAR p. 88, Eff. 1/26/07; AMD, 2009 MAR p. 2245, Eff. 11/26/09.

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