BEFORE THE DEPARTMENT OF FISH, WILDLIFE AND PARKS

OF THE STATE OF MONTANA

 

In the matter of the adoption of emergency rules closing the Ennis Fishing Access Site and the Valley Garden Fishing Access Site in Madison County

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NOTICE OF ADOPTION OF EMERGENCY RULES

 

TO: All Concerned Persons

 

            1. The Department of Fish, Wildlife and Parks (department) has determined the following reasons justify the adoption of emergency rules closing the Ennis Fishing Access Site and the Valley Garden Fishing Access Site:

            (a) There are ice jams on the Madison River that have caused water to channel and flood multiple portions of the fishing access sites.

            (b) The combination of dangerous conditions includes changing flooded areas throughout the sites, moving ice and debris, and potentially unstable trees that could fall, rendering unsafe conditions for pedestrian and vehicle travel. 

            (c) Persons recreating at the fishing access sites would be at risk of injury or drowning.

            (d) Therefore, as this situation constitutes an imminent peril to public health, safety, and welfare, due to the combination of unsafe conditions and this threat cannot be averted or remedied by any other administrative act, the department adopts the following emergency rules.  The emergency rules will be sent as a press release to newspapers throughout the state. Also, signs informing the public of the closures will be posted at access points. The rules will be sent to interested parties, and published as emergency rules in Issue No. 1 of the 2022 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 January 28, 2022, to advise us of the nature of the accommodation that you need. Please contact Jessica Snyder, Fish, Wildlife and Parks, 1420 East Sixth Avenue, P.O. Box 200701, Helena, MT 59620-0701; telephone (406) 444-9785; or e-mail jesssnyder@mt.gov.

 

3. The emergency rules are effective December 30, 2021, when this rule notice is filed with the Secretary of State.

 

           4. The text of the emergency rules provides as follows:

 

            RULE I ENNIS FISHING ACCESS SITE EMERGENCY CLOSURE (1) The Ennis Fishing Access Site is located along the Madison River in Madison County.

            (2) The Ennis Fishing Access Site is closed to all public occupation and recreation as signed.

            (3) This rule will remain in effect until the department determines that the site is again safe for public occupancy.  This will depend on the extent and duration of the ice jams on the river causing flooding into the fishing access site.  Signs closing the fishing access site will be removed when the rule is no longer effective.

 

            AUTH:            2-4-303, 87-1-202, MCA

               IMP:             2-4-303, 87-1-202, MCA

 

RULE II VALLEY GARDEN FISHING ACCESS SITE EMERGENCY CLOSURE (1) The Valley Garden Fishing Access Site is located along the Madison River in Madison County.

            (2) The Valley Garden Fishing Access Site is closed to all public occupation and recreation as signed.

            (3) This rule will remain in effect until the department determines that the site is again safe for public occupancy.  This will depend on the extent and duration of the ice jams on the river causing flooding into the fishing access site.  Signs closing the fishing access site will be removed when the rule is no longer effective.

 

AUTH:            2-4-303, 87-1-202, MCA

               IMP:             2-4-303, 87-1-202, MCA

 

           5. The rationale for the emergency rules is 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: Jessica Snyder, Fish, Wildlife and Parks, 1420 East Sixth Avenue, P.O. Box 200701, Helena, MT 59620-0701; or e-mail jesssnyder@mt.gov. Any comments must be received no later than February 18, 2022.

 

7. The department maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by the department. 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.

 

            9. The special notice requirements of 2-4-303, MCA, have been met. All committee members and staff of the Environmental Quality Council, with addresses provided on the Montana Legislature's website (leg.mt.gov), were contacted by e-mail on December 30, 2021.

 

 

 

/s/ Hank Worsech                                                    /s/ Kevin Rechkoff

Hank Worsech                                                         Kevin Rechkoff

Director                                                                    Rule Reviewer

Department of Fish, Wildlife and Parks   

 

Certified to the Secretary of State December 30, 2021.