17.30.1383    CONDITIONS REQUESTED BY GOVERNMENT AGENCIES

(1) If during the comment period the U.S. Fish and Wildlife Service, the National Marine Fisheries Service, or any other state or federal agency with jurisdiction over fish, wildlife, or public health advises the department in writing that the imposition of specified conditions upon the permit is necessary to avoid substantial impairment of fish, or wildlife resources, the department may include the specified conditions in the permit to the extent they are determined necessary to carry out the provisions of ARM 17.30.1350 and of the Act.

(2) In appropriate cases the department may consult with one or more of the agencies referred to in this rule before issuing a draft permit and may reflect their views in the statement of basis, the fact sheet, or the draft permit.

History: 75-5-201, 75-5-401, MCA; IMP, 75-5-401, MCA; NEW, 1989 MAR p. 2060, Eff. 12/8/89; TRANS, from DHES, 1996 MAR p. 1499.