BEFORE THE Department of FISH, WILDLIFE AND PARKS

OF THE STATE OF MONTANA

 

In the matter of the adoption of an emergency rule closing Pictograph Cave State Park in Yellowstone County

) ) )

NOTICE OF ADOPTION OF AN EMERGENCY RULE

 

            TO: All Concerned Persons

 

1. The Department of Fish, Wildlife and Parks (department) has determined the following reasons justify the adoption of an emergency rule:

(a)       The entry road to Pictograph Cave State Park is covered in ice and snow and is impassable. 

(b)       Persons entering the park are at risk of:

(i)         injury due to the possibility of sliding off of the road or slipping and falling.

(c)        Therefore, as this situation constitutes an imminent peril to public health, safety, and welfare, and this threat cannot be averted or remedied by any other administrative act, the department adopts the following emergency rule. The emergency rule will be sent as a press release to newspapers throughout the state. Also, signs informing the public of the closure will be posted at access points. The rule will be sent to interested parties and published as an emergency rule in Issue No. 20 of the 2019 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 November 1, 2019, to advise us of the nature of the accommodation that you need. Please contact Kaedy Gangstad, Fish, Wildlife and Parks, 1420 East Sixth Avenue, P.O. Box 200701, Helena, MT 59620-0701; telephone (406) 444-4594; or e-mail kgangstad@mt.gov.

 

3. The emergency rule is effective October 9, 2019, when this rule notice is filed with the Secretary of State.

 

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

 

            NEW RULE I  PICTOGRAPH CAVE STATE PARK EMERGENCY CLOSURE  

            (1) Pictograph Cave State Park is located in Yellowstone County.

            (2) Pictograph Cave State Park is closed to all public occupation and recreation as signed.

            (3) This rule is effective as long as the entry road into the park is impassable.

            (4) This rule will expire as soon as the department determines the park is again safe for occupation and recreation. This will depend on the extent and duration of ice and snow on the entry road. Signs closing the state park will be removed when the rule is no longer effective.

 

            AUTH: 2-4-303, 23-1-106, MCA

            IMP: 2-4-303, 23-1-106, MCA

 

           5. The rationale for the emergency rule is as set forth in paragraph 1.

 

6. Concerned persons are encouraged to submit their comments to the department. Please submit comments along with names and addresses to: Kaedy Gangstad, Department of Fish, Wildlife and Parks Legal Unit, P.O. Box 200701, Helena, MT, 59720; or e-mail kgangstad@mt.gov.  Any comments must be received no later than November 15, 2019.

 

7. The department maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by the department or commission. 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, faxed to the office at (406) 444-7456, 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.

 

 

/s/ Martha Williams Martha Williams Director Department of Fish, Wildlife and Parks

/s/ Zach Zipfel Zach Zipfel Rule Reviewer

 

Certified to the Secretary of State October 9, 2019.