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Montana Administrative Register Notice 12-596 No. 9   05/12/2023    
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BEFORE THE Department of FISH, WILDLIFE AND PARKS

OF THE STATE OF MONTANA

 

In the matter of the repeal of an emergency rule closing the Bjornberg Bridge Fishing Access Site in Phillips County

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NOTICE OF REPEAL OF EMERGENCY RULE

 

            TO: All Concerned Persons

 

1. On April 13, 2023, the Department of Fish, Wildlife and Parks (department) adopted an emergency rule closing the Bjornberg Bridge Fishing Access Site, in Phillips County, to all public occupation and recreation in Notice No. 12-596, published at page 405 of the 2023 Montana Administrative Register, Issue Number 8.  The emergency rule was adopted because the Milk River had experienced extensive flooding.  The Bjornberg Bridge Fishing Access Site is located along the Milk River and had also experienced flooding which created dangerous conditions.

 

2. The rule was to be in place until the department determined that the Bjornberg Bridge Fishing Access Site was again safe for occupation and recreation. Given that the Milk River has receded and that the Bjornberg Bridge Fishing Access Site no longer poses a danger to the public, the department is repealing NEW RULE I BJORNBERG BRIDGE FISHING ACCESS SITE EMERGENCY CLOSURE.

 

3. The repeal of NEW RULE I is effective April 28, 2023, when this rule notice is filed with the Secretary of State.

 

4.  The repeal of the emergency rule will be sent as a press release to newspapers throughout the state and posted on the department's website at fwp.mt.gov.  Moreover, signs informing the public of the closure will be removed at access points.

 

5.  The special notice requirement of 2-4-303, MCA, has been met.  All committee members of the Environmental Quality Council, with addresses provided on the Montana Legislature's website (leg.mt.gov), were contacted by email on April 28, 2023.  Lastly, the emergency rule repeal notice will be sent to interested parties and published in Issue Number 9 of the 2023 Montana Administrative Register.

 

 

/s/ Dustin Temple

Dustin Temple

Acting Director

Department of Fish, Wildlife and Parks

 

/s/ Alexander Scolavino

Alexander Scolavino

Rule Reviewer

 

Certified to the Secretary of State April 28, 2023.

 

 

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