The following definitions apply to this subchapter:

(1) "No wake" means a speed whereby there is no "white" water in the track or path of the vessel or in created waves immediate to the vessel.

(2) "Public lakes and public reservoirs" means lakes and reservoirs that are legally accessible to the public.

(3) "Western fishing district" means all waters in the state west of the continental divide.   A map of the western fishing district is found in the booklet entitled Montana Fishing Regulations published by the department.

(1) Persons traveling faster than no wake speed in areas restricted to no wake speed shall be in violation of the rule unless one of the following circumstances apply:

(a) official patrol and search and rescue operations; or

(b) scientific purposes or special events with the director's prior written approval.

(a) the department shall determine lake size by means of the   1:100,000 scale hydrography layer within the department's geographic information system (GIS) .

(b) the department shall determine landownership by means of the 1:100,000 scale landownership layer within the department's GIS and any other methods available to the department.

(2) An alphabetical list of the waters determined by the department pursuant to (1) (a) and (1) (b) of this rule to be restricted by this rule is found in the department's publication

(3) Any more specific regulations adopted by the commission pertaining to bodies of water affected by this rule are controlling.

(4) This rule is effective May 15, 2001.

(1) This rule applies to any public lake or reservoir in the western fishing district greater than 35 acres and therefore not regulated in ARM 12.11.110.

(2) All watercraft on public lakes or reservoirs greater than 35 surface acres within the western fishing district are limited to a controlled no wake speed as defined in ARM 12.11.101 from shoreline to 200 feet from the shoreline. The following are exceptions under this rule:

(a) personal watercraft which must maintain a certain minimum operating speed to remain upright and maneuver in the water may travel at that minimum operating speed following the most direct route through the no wake zone to and from shore;

(b) motorized watercraft towing a water skier from or to a dock or the shore, except watercraft falling under this exception must travel the most direct route through the no wake zone to and from the dock or shore;

(c) Crystal Lake located within the Thompson Chain of Lakes, Lincoln County;

(d) Horseshoe Lake located within the Thompson Chain of Lakes, Lincoln County;

(e) Lake Five located in Flathead County;

(f) Loon Lake located within the Thompson Chain of Lakes, Lincoln County;

(g) Lower Thompson Lake located within the Thompson Chain of Lakes, Lincoln County;

(h) McGregor Lake located within the Thompson Chain of Lakes, Flathead County;

(i) Middle Thompson Lake located within the Thompson Chain of Lakes, Lincoln County; and

(j) Upper lobe of Upper Thompson Lake located within the Thompson Chain of Lakes, Lincoln County.

(3) Any more specific regulations adopted by the commission pertaining to bodies of water affected by this rule are controlling.

(2) An individual or entity may petition the commission to remove or amend the restrictions on a body of water affected by ARM 12.11.110 and 12.11.115 by doing the following:

(a) completing a petition requesting the change on forms provided by the department or by using sample form 3 found in the Administrative Rules of Montana, Title 1, chapter 3, Model Rules; and

(b) submitting to the commission secretary, no earlier than August 1 and no later than September 30 of each year, the petition referred to in (a) with a written request to have the proposed rule change included on the commission agenda.

(3) The commission may remove, amend, or adopt restrictions on the body of water specified by the petition.

(4) The department and commission recognize that under 2-4-315, MCA, a response to a rulemaking petition must be made within 60 days after submission of a petition by initiating rulemaking proceedings or denying the petition. This rule constitutes the manner in which the commission will respond to petitions for rulemaking regarding ARM 12.11.101, 12.11.106, 12.11.110, 12.11.115 and 12.11.117:

(a) except when emergency situations arise as defined in 2-4-303, MCA the commission will respond to all rulemaking petitions regarding ARM 12.11.101, 12.11.106, 12.11.110, 12.11.115 and 12.11.117 received on or after August 1 or on or before September 30 by beginning rulemaking proceedings or issuing a written denial of the petition; and 

(b) except when emergency situations arise as defined in 2-4-303, MCA the commission will respond to all rulemaking petitions regarding ARM 12.11.101, 12.11.106, 12.11.110, 12.11.115 and 12.11.117 received before August 1 or after September 30 by issuing a written denial but informing the petitioner that the issue will be placed on the commission agenda for discussion at the next commission meeting.  If the commission deems it appropriate, rulemaking on the issue may begin after September 30.

The following definitions apply to this subchapter:

(1) "Beaverhead River" means that portion of the river from its headwaters to Jessen Park in Twin Bridges.

(2) "Big Hole River" means the river from its headwaters to its confluence with the Jefferson River.

(3) "Float fishing" means any fishing from a boat and wade fishing when fishing access is gained by boat.

(4) "Float outfitting" means the operation of any boat for the commercial purpose of float fishing by a fishing guide or fishing outfitter.

(5) "Guide" means a person as defined in 37-47-101, MCA.

(6) "Official access site" means those river access sites that are managed and maintained as an access point for public use. The following are official access sites on the Big Hole River:

(a) High Road fishing access site;

(b) Pennington fishing access site;

(c) Notch Bottom fishing access site;

(d) Glen fishing access site;

(e) Brownes Bridge fishing access site;

(f) Salmon Fly at Melrose fishing access site;

(g) Maiden Rock FWP fishing access site;

(h) Maiden Rock BLM recreation site;

(i) Divide Bridge BLM recreation site;

(j) Power House fishing access site;

(k) George Grant/Dewey fishing access site;

(l) Jerry Creek Bridge BLM recreation site;

(m) Dickie Bridge BLM recreation site;

(n) East Bank BLM recreation site;

(o) Sportsman Park fishing access site;

(p) Fishtrap fishing access site; and

(q) Mudd Creek Bridge BLM recreation site.

(7) "Outfitter" means a person as defined in 37-47-101, MCA.

(8) "One-boat outfitter" means an outfitter who operates no more than one boat and is the sole guide. An outfitter may operate as a one-boat outfitter on the Beaverhead River while operating as a multi-boat outfitter on the Big Hole River and other rivers. An outfitter may operate as a one-boat outfitter on the Big Hole River while operating as a multi-boat outfitter on the Beaverhead River and other rivers.

(9) "Temporary client days" means client days that are available to one-boat outfitters.

(1) Starting on the third Saturday in May through Labor Day, recreational use of the Beaverhead River from Clark Canyon Dam to Jessen Park in Twin Bridges shall be allowed and restricted in designated river reaches as follows:

(a) in the river reach from Clark Canyon Dam to Henneberry fishing access site, each outfitter is limited to launching or use within the reach of a maximum of three boats in any day;

(b) in the river reach from Henneberry fishing access site to Barretts Diversion, each outfitter is limited to launching or use within the reach of a maximum of three boats in any day;

(c) in the river reach from Barretts Diversion to Highway 91 South (Tash) Bridge, each outfitter is limited to launching or use within the reach of a maximum of one boat in any day;

(d) the river reach from Highway 91 South (Tash) Bridge to Selway Bridge is closed to any float outfitting; and

(e) in the river reach from Selway Bridge to Jessen Park in Twin Bridges, each outfitter is limited to launching or use within the reach of a maximum of one boat in any day.

(2) Float fishing by nonresidents and float outfitting is limited as follows on the Beaverhead River from the third Saturday in May through Labor Day:

(a) each Saturday float fishing by nonresidents and float outfitting is not permitted on the river reach from High Bridge fishing access site to Henneberry fishing access site; and

(b) each Sunday float fishing by nonresidents and float outfitting is not permitted on the river reach from Henneberry fishing access site to Pipe Organ fishing access site.

(1) One-boat outfitters may apply on an annual basis for up to 60 temporary client days on the Beaverhead River unless the outfitter has:

(a) surrendered or transferred client days; or

(b) had a Beaverhead River commercial use permit revoked.

(2) The department shall allocate available temporary client days to one-boat outfitters based on the applicant's experience outfitting or guiding on the Beaverhead River and the number of years the applicant has been a licensed outfitter or guide in Montana.

(3) When allocating temporary client days, the department shall give preference to applicants who were allocated temporary client days on the Beaverhead River the previous year.

(4) One-boat outfitters may use their assigned temporary client days the entire year with no more than two-thirds of the use occurring during the restricted period from July 1 through August 31.

(5) After a one-boat outfitter has used temporary client days for three consecutive years, the number of temporary client days that the one-boat outfitter may apply for in the following year must not exceed the highest number of temporary client days used by that one-boat outfitter in one of the previous three years.

(6) After a one-boat outfitter has used temporary client days for five consecutive years, the department may remove these temporary client days from the pool and allocate them to that one-boat outfitter for his or her use. These client days are then no longer considered temporary client days.

(7) In addition to temporary client days, one-boat outfitters may use nonpool client days that are transferred to them as part of the sale or transfer of an outfitter's business in its entirety. They must remain a one-boat outfitter, however, in order to apply for or retain the use of temporary client days. The transfer of those outfitting businesses that these rules regulate on the Beaverhead River are governed by 37-47-310, MCA.

 (1) The commission shall review the rules governing recreational use on the Beaverhead River every five years.

(2) The statewide rules governing river recreation management shall apply to future recreation management actions on the Beaverhead River.

(1) Starting on the third Saturday in May through Labor Day, recreational use of the Big Hole River from its headwaters to Notch Bottom fishing access site shall be allowed and restricted by defining eight river zones with one zone closed to float outfitting each day and with the zone that is restricted on Saturday and the zone that is restricted on Sunday also closed to nonresident float fishing. The eight river zones are defined by river reach and restricted each day of the week as follows:

(a) all seven days of the week, the river reach from the headwaters to Mudd Creek Bridge BLM recreation site is closed to any float outfitting;

(b) each Sunday, the river reach from Divide Bridge BLM recreation site to Salmon Fly fishing access site is closed to any float fishing by nonresidents and to any float outfitting;

(c) each Monday, the river reach from Salmon Fly fishing access site to Glen fishing access site is closed to any float outfitting;

(d) each Tuesday, the river reach from Mudd Creek Bridge BLM recreation site to Fishtrap fishing access site is closed to any float outfitting;

(e) each Wednesday, the river reach from East Bank BLM recreation site to Jerry Creek Bridge BLM recreation site is closed to any float outfitting;

(f) each Thursday, the river reach from Fishtrap fishing access site to East Bank BLM recreation site is closed to any float outfitting;

(g) each Friday, the river reach from Glen fishing access site to Notch Bottom fishing access site is closed to any float outfitting; and

(h) each Saturday, the river reach from Jerry Creek Bridge BLM recreation site to Divide Bridge BLM recreation site is closed to any float fishing by nonresidents and to any float outfitting.

(2) All float users, including each float outfitter, are limited to a total of two launches at or near each official access site per day on the Big Hole River. If a boat is launched at an unofficial site the launch will be counted as occurring at the nearest official site in determining the two-boat limit at or near each official access site.

(1) One-boat outfitters may apply on an annual basis for up to 60 temporary client days on the Big Hole River unless the outfitter has:

(a) surrendered or transferred client days; or

(b) had a Big Hole River commercial use permit revoked.

(2) The department shall allocate available temporary client days to one-boat outfitters based on the applicant's experience outfitting or guiding on the Big Hole River and the number of years the applicant has been a licensed outfitter or guide in Montana.

(3) When allocating temporary client days, the department shall give preference to applicants who were allocated temporary client days on the Big Hole River the previous year.

(4) One-boat outfitters may use their assigned temporary client days the entire year with no more than two-thirds of the use occurring during the restricted period from June 1 through July 31.

(5) After a one-boat outfitter has used temporary client days for three consecutive years, the number of temporary client days that the one-boat outfitter may apply for in the following year must not exceed the highest number of temporary client days used by that one-boat outfitter in one of the previous three years.

(6) After a one-boat outfitter has used temporary client days for five consecutive years, the department may remove these temporary client days from the pool and allocate them to the one-boat outfitter for his or her use. The client days are no longer considered temporary client days.

(7) In addition to temporary client days, one-boat outfitters may use nonpool client days that are transferred to them as a part of the sale or transfer of an outfitter's business in its entirety. They must remain a one-boat outfitter, however, in order to apply for or retain the use of temporary client days. The transfer of those outfitting businesses that these rules regulate on the Big Hole River are governed by 37-47-310, MCA.

(1) The commission shall review the rules governing recreational use on the Big Hole River every five years.

(2) The statewide rules governing river recreation management shall apply to future recreation management actions on the Big Hole River.

(1) An outfitter with documented use of the Beaverhead River prior to December 31, 1998, may continue to operate on the Beaverhead River, except as provided in (2).

(2) An outfitter authorized to outfit on the Beaverhead River forfeits all his/her client days and is no longer authorized to outfit on the Beaverhead River if one or more of the following occur:

(a) an outfitter does not report any use for any two consecutive years, effective June 17, 2005;

(b) an outfitter did not report any use for the five years prior to December 31, 2004; or

(c) the license of an outfitter has expired.

(3) The department shall establish a pool of temporary client days that consists of the forfeited client days. The total number of temporary client days, including client days that have been allocated client days available in the pool, shall not exceed 2,000. 

(4) An outfitter who has not documented use on the Beaverhead River prior to December 31, 1998, may not operate on the Beaverhead River unless the outfitter was licensed by the Board of Outfitters between December 1, 1998, and July 1, 1999, and the outfitter's operating plan included the Beaverhead River.

(5) Each outfitter from July 1 through August 31, inclusive, on the Beaverhead River shall not exceed the number of client days served by the outfitter on the Beaverhead River during those same months for the outfitter's highest client use year from among the years 1995, 1996, 1997, 1998, 1999, or 2000. The records submitted by the outfitter to and maintained by the Board of Outfitters will determine the number of client days in each year.

(6) Client days may only be used by an outfitter authorized to conduct use on the Beaverhead River. An authorized outfitter may hire or contract a guide or outfitter serving as a guide to provide guiding services to clients provided the guide or outfitter serving as a guide only serves in the capacity of a guide and does not recruit clients, make agreements with clients concerning monetary consideration or services provided, or collect fees from clients.

(7) An outfitter may not sell, lease, rent, or otherwise receive compensation from an outfitter or guide for the opportunity to use client days.

(8) An outfitter found to be selling, leasing, renting, or transferring client days in any way other than when transferring a business in its entirety shall permanently forfeit these client days. The forfeited client days will be allocated to the temporary client day pool.

(9) An outfitter serving as a guide for an outfitter authorized to conduct use on the Beaverhead River must be the person providing the guiding services and may not hire a guide to provide the services on their behalf.

(10) In the event of the death of an outfitter who has an opportunity to outfit on the Beaverhead River as outlined in this subchapter, that opportunity may be assumed by a member of the immediate family of the deceased outfitter. This provision does not supercede the outfitter licensing requirements and authority of the Board of Outfitters.

(11) All outfitters given the opportunity to operate on the Beaverhead River, as outlined in this subchapter, will be issued boat tags that will identify them as authorized by the commission to operate on this river. These boat tags must be displayed on all authorized outfitter boats when operating on the Beaverhead River.

(1) An outfitter with documented use of the Big Hole River prior to December 31, 1998, may continue to operate on the Big Hole River, except as provided in (2).

(2) An outfitter authorized to outfit on the Big Hole River forfeits all his/her client days and is no longer authorized to outfit on the Big Hole River if one or more of the following occur:

(a) an outfitter does not report any use for any two consecutive years, effective June 17, 2005;

(b) an outfitter did not report any use for the five years prior to December 31, 2004; or

(c) the license of an outfitter has expired.

(3) The department shall establish a pool of temporary client days that consists of the forfeited client days. The total number of temporary client days, including client days that have been allocated client days available in the pool, shall not exceed 2,000.

(4) An outfitter who has not documented use on the Big Hole River prior to December 31, 1998, may not operate on the Big Hole River unless the outfitter was licensed by the Board of Outfitters between December 1, 1998, and July 1, 1999, and the outfitter's operating plan included the Big Hole River.

(5) Each outfitter from June 1 through July 31, inclusive, on the Big Hole River shall not exceed the number of client days served by the outfitter on the Big Hole River during those same months for the outfitter's highest client use year from among the years 1995, 1996, 1997, 1998, 1999, or 2000. The records submitted by the outfitter to and maintained by the Board of Outfitters will determine the number of client days in each year.

(6) Client days may only be used by an outfitter authorized to conduct use on the Big Hole River. An authorized outfitter may hire or contract a guide or outfitter serving as a guide to provide guiding services to clients provided the guide or outfitter serving as a guide only serves in the capacity of a guide and does not recruit clients, make agreements with clients concerning monetary consideration or services provided, or collect fees from clients.

(7) An outfitter may not sell, lease, rent, or otherwise receive compensation from an outfitter or guide for the opportunity to use client days.

(8) An outfitter found to be selling, leasing, renting, or transferring client days in any way other than when transferring a business in its entirety shall permanently forfeit these client days. The forfeited client days will be allocated to the temporary client day pool. 

(9) An outfitter serving as a guide for an outfitter authorized to conduct use on the Big Hole River must be the person providing the guiding services and may not hire a guide to provide the services on their behalf.

(10) In the event of the death of an outfitter who has an opportunity to outfit on the Big Hole River, as outlined in this subchapter, that opportunity may be assumed by a member of the immediate family of the deceased outfitter. This provision does not supercede the outfitter licensing requirements and authority of the Board of Outfitters.

(11) All outfitters given the opportunity to operate on the Big Hole River, as outlined in this subchapter, will be issued boat tags that will identify them as authorized by the commission to operate on this river. These boat tags must be displayed on all authorized outfitter boats when operating on the Big Hole River.

(1) Wearable U.S. Coast Guard approved personal floatation devices must be readily accessible to all persons on the vessel. 

(2) All vessels 16 feet in length and over must have one U.S. Coast Guard approved throwable personal flotation device that is immediately available for use.

(3) Personal floatation devices are required to be securely worn when operating a sailboard if:

(a) the person operating the sailboard is 14 years of age or younger; or

(b) two or more people are occupying the sailboard.

(a) at least two ventilation ducts fitted with cowls or their equivalent for the purpose of properly and efficiently ventilating the bilges of every engine and fuel tank compartment of boats decked-over using gasoline as fuel and other fuels having a flashpoint of 110 E F or less;

(b) at least one exhaust duct installed so as to extend to the lower portion of the bilge, and at least one intake duct installed so as to extend to a point at least midway to the bilge or at least below the level of the carburetor air intake.

(a) less than 26 feet in length if the motorboat or vessel carries passengers for hire or has any of the conditions listed in subsection (d) of this rule -- one B-I type approved hand portable fire extinguisher or a fixed fire extinguisher system;

(b) 26 feet to less than 40 feet in length -- two B-I type approved hand portable fire extinguishers; or at least one B-II type; when an approved fixed system is installed, one less B-I type is required;

(c) 40 feet to not more than 65 feet in length -- three B-I type approved portable fire extinguishers, or at least one B-I type plus one B-II type; when approved fixed system is installed, one less B-I type is required;

(d) fire extinguishers must be carried on all motorboats that have one or more of the following conditions that make the boat of closed construction:

(i) inboard engines; or

(ii) closed compartments under thwarts and seats wherein portable fuel tanks may be stored; or

(iii) double bottoms not sealed to the hull or which are not completely filled with flotation material; or

(iv) closed living spaces; or

(v) closed storage compartments in which combustible or flammable material is stored; or

(vi) permanently installed fuel tanks.

(a) in operation between sunset and sunrise;

(i) motorboats and sail power auxiliary boats less than 26 feet;

(A) display one white light aft on rear of vessel to show all around the horizon 32 pts. (360 E ) higher than the bow light visible for two miles;

(B) a combination red-green light or separate lights on the forepart of the boat showing green to starboard (right side) and red to port 10 pts. (112.5 E ) visible for one mile;

(ii) motorboats and sail power auxiliary boats 26 feet to not more than 65 feet;

(A) same as (A) above;

(B) same as (B) above except red and green lights must be separate lights with screens to prevent being seen across the bow;

(C) a white light as far forward as practicable to show

an unbroken light of 20 pts. (225 E ) visible for two miles;

(iii) sailboats (sail alone) ;

(A) white light aft showing 12 pts. (135 E ) visible for two miles;

(B) red and green lights forward same as motorboats under 26 feet;

(b) lights for use when anchored:

(i) power boats under 65 feet and all sailing vessels at anchor must display anchor lights except those in special anchorage areas (an anchor light is a white light visible to a boat approaching from any direction and is displayed in the forepart of the vessel) ;

(ii) rowing boats whether under oars or sail shall have ready at hand a lantern showing a white light which shall be temporarily exhibited in sufficient time to prevent collision.

(1) Motorboats shall have efficient sound producing devices as follows:

(a) less than 16 feet in length - none;

(b) 16 feet to less than 26 feet in length - one hand, mouth, or power-operated whistle, or horn, audible at least one-half mile;

(c) 26 feet to not more than 65 feet in length - one bell which when struck produces a clear, bell-like tone and one hand or power-operated whistle, or horn, audible at least one mile.

(2) Bowsprits, bumpkins, rudders, outboard motors and brackets and similar fittings or attachments are not to be included in the measurement.

(2) Snowmobiles may cross or enter upon public water if the water is frozen or it is necessary to cross a small stream to continue travel on snow. When it is necessary to cross a stream, the stream crossing must be perpendicular to the flow of the stream.

(2) In the performance of the authorities and duties hereinbefore provided for, wardens are hereby authorized to halt, delay, board, or inspect any boat or other vessel on the waters of the state; provided that any and all such halting, boarding, or inspection shall be conducted in a reasonable manner and at reasonable times under the circumstances.

(3) All persons operating, or in charge of operating, any boat or vessel on the waters of this state shall bring such boat or vessel to a stop upon a request or demand of any warden and shall permit such warden to reasonably board and inspect such boat or vessel as in these regulations prescribed.

This rule has been transferred.

This rule has been repealed.

This rule has been repealed.

(1) "Allocation" means distributing limited use opportunities when a rationing system is in place.

(2) "Fixed allocation" means members of a rationed user group or groups do not compete equally for limited opportunities to use a river.

(3) "Management plan" means a plan developed using the processes described in this subchapter for management of recreational use on a river or group of rivers.

(4) "Non-fixed allocation" means 100% of the available use opportunity is allocated to individual river users or parties of river users and not to river service providers.

(5) "Ration" means to regulate use intensity by limiting the amount of use on a river. Rationing requires users to obtain a permit to recreate on a river or requires river service providers to obtain authorization to conduct business on a river. Limitation on the use of a river may apply to one or more user groups and may not necessarily apply to all user groups. To qualify as a rationing strategy, the supply of permits or the amount of authorized use by river service providers must be limited.

(6) "Restrict" means to regulate when and where the public or river service providers can recreate on a river, or the types of recreation that are allowed.

(7) "River service provider" means a business or person that, for monetary or other consideration, provides services on publicly accessible rivers in Montana. This includes angling outfitters licensed by the state of Montana and non-angling river service providers that are not licensed by the state of Montana.

(8) "River user" is someone who uses a river and is not acting as a river service provider.

(9) "River use day" is equivalent to one person recreating on a river for all or part of one day.

(10) "Rule" or "rules" mean regulations pertaining to river recreation adopted through the Montana Administrative Procedure Act (MAPA) .

(2) The purpose of these rules is to provide guidance to the commission, the department, and department-appointed citizen advisory committees in the management of recreation on rivers. These rules seek to promote management of river recreation that provides a full variety of quality recreation for a diverse public and protects natural resources in rivers and on adjacent uplands. These rules also provide guidance for addressing social conflict on rivers.

(3) The general premise of these rules is that the public prefers to recreate on rivers without controls on their recreational experience, other than regulations that are necessary for managing aquatic resources, such as fishing regulations. Educating the public about river recreation issues can lead to modified behavior on rivers and the department can use education as a nonregulatory method to address social problems on rivers. The department should develop strategies for providing river information to all sectors of the recreating public.

(4) The demand on the natural resources and the social experience will continue to grow, and the best approach is a balance between quality of experience and unrestricted use of a limited resource. On any river or stream, there may be a time and a need for management intervention in order to maintain the quality of the river resources and the quality of the recreational experience. The quality of the river resource should be protected as the first and foremost priority.

(5) Further, the general premise of these rules is that if it becomes necessary to manage use on a river, the public prefers that less-restrictive management intervention be tried before proceeding to more-restrictive management intervention, and that rationing of use is the most restrictive form of management intervention.

(6) Individuals appointed to serve on a citizen advisory committee, river users, and those affected by river recreation shall be given an opportunity to be full and integral partners in the development of proposed management plans or rules. Participation of all interested parties is vital when developing management plans.

(7) Planning and management of Montana's river systems should provide for and conserve a full variety of recreation experiences and assure that river recreation historically enjoyed by people in Montana is recognized.

(8) Nonresidents are an important part of the state's tourism economy and rivers are an attraction to visitors. Nonresidents should have reasonable and equitable opportunities compared to other recreational users to enjoy Montana's resources. "Reasonable and equitable" as applied to nonresidents means recreational use that fairly considers the interests of all types of recreational users, and is not intended to mean that each type of recreational user must have the exact same share of use in terms of the timing, amount, and location of use.

(9) River service providers are an important industry in Montana and should be regulated. There are differences in management considerations between river service providers and private (nonguided) users. Management plans need to provide opportunities for river service providers to compete for the business of paying customers. Management processes should encourage viable and diverse types of commercial services.

(10) Partnerships with other agencies that lead to improved management of the river resources and better services to the public are encouraged.

(a) the quality of the fisheries;

(b) wildlife;

(c) water;

(d) riparian habitat; and

(e) other natural resources in or along the river.

(2) Management plans or rules must not allow unlimited recreation to compromise long-term conservation.

(3) Management plans and rules must maintain a balance between quality of experience and unlimited quantity of experience.

(4) Management plans and rules must be:

(a) technically and socially feasible;

(b) legal;

(c) affordable;

(d) measurable;

(e) enforceable; and

(f) reasonable to administer.

(5) Management plans must identify the potential or existing impact of recreation on natural resources and provide mitigating actions that could be taken to address concerns.

(6) When possible, the development of management plans must be coordinated with the planning processes of state, tribal, and federal agencies having jurisdiction over a river or the reach of a river.

(7) Management plans and rules may not differentiate based solely on the residency of the river user unless the commission determines the best available data indicate that the amount of use by residents or nonresidents is a primary contributor to an identified problem.

(8) Nothing in this subchapter shall prevent the department, with the concurrence of the commission, from amending or repealing a management plan and the commission from amending or repealing rules as needed.

(2) The department shall implement Title 75, chapter 1, MCA, the Montana Environmental Policy Act (MEPA) when developing a management plan or when proposing rules for a specific river.

(3) When developing a river recreation management plan for a specific river, the department shall conduct an analysis and decision-making process that complies with MEPA and includes collection and analysis of data, appointment of a citizen advisory committee, development of alternatives, and public review and comment.

(4) The department shall develop management plans and recommend rules to the commission based on the following:

(a) the values and input of the public;

(b) best available biological information;

(c) best available social information;

(d) best available economic information;

(e) recommendations of the citizen advisory committee;

(f) input and advice from the commission; and

(g) MEPA analysis.

(5) Following the adoption of a management plan or rules, the department to the best of its ability shall assess the effectiveness of management actions considering the information and analysis developed in (4) . Based on the assessment, the department, with the concurrence of the commission, may amend or repeal a management plan and the commission may amend or repeal rules as needed.

(6) The department shall include other state, tribal, and federal agencies having jurisdiction over a river or the reach of a river when developing management plans and rules.

(1) When concurring in a management plan or when adopting, amending, or repealing rules for a river, the commission shall consider the following:

(a) recommendations of the citizen advisory committee;

(b) public input;

(c) the best available biological information before the department;

(d) the best available social information before the department;

(e) the best available economic information before the department;

(f) the department's MEPA analysis; and

(g) any existing river management plan for the river.

(2) There is not a requisite amount of information that the commission shall consider before it is able to make a river recreation management decision.

(3) The commission shall adopt river recreation rules according to MAPA.

(4) Nothing in this subchapter shall prevent the commission from making timely river recreation decisions necessary to address emergency biological conditions, such as drought, or issues of public safety.

(1) The department shall establish a citizen advisory committee when developing a river recreation management plan or when recommending river recreation rules to the commission. The department shall also establish a citizen advisory committee to consider changes to river recreation management plans or to consider amendments to river recreation rules if the proposed changes or amendments are anticipated to be of significant enough interest to the public to benefit from the participation of a citizen advisory committee.

(2) Members of the citizen advisory committee serve by appointment of the director. In considering appointments the director, through a public process, shall:

(a) identify interests and stakeholders that will be affected by the proposed management plan or regulation; and

(b) appoint members to the committee that represent the identified interests, stakeholders, and perspectives, both locally and statewide.

(2) The citizen advisory committee responsibilities are the following:

(a) represent the interests of those affected by river recreation management;

(b) articulate a vision for the river and set goals and objectives in quantitative and qualitative terms that are intended to achieve the vision;

(c) assess river recreation information and existing social and biological conditions on the river;

(d) identify desired or acceptable social and biological conditions for the river;

(e) identify undesired or unacceptable social and biological conditions for the river that would trigger management actions in order to achieve desired or acceptable social and biological conditions;

(f) recommend a range of management actions from less restrictive to more restrictive that should be taken based on the severity of the undesired or unacceptable social and biological conditions;

(g) recommend mechanisms and a timetable for monitoring and evaluating river recreation management plans and river recreation rules; and

(h) submit final recommendations to the department and the commission.

(3) The department shall provide comments to the citizen advisory committee as to whether its recommendations are technically feasible, legal, affordable, measurable, enforceable, and reasonable to administer.

(2) When determining how a river should be managed, the commission shall consider management methods in the following order:

(a) nonrestrictive management methods;

(b) restrictive management methods; and

(c) rationing methods.

(3) Under conditions or circumstances identified by the commission, the commission may implement rationing management methods before or simultaneously with restriction management methods or implement restrictive management methods before or simultaneously with nonrestrictive management methods.

(4) When developing a management plan or recommending rules to the commission:

(a) the department shall work with a citizen advisory committee to identify the problems and the social conditions that would trigger restrictions or rationing of use; and

(b) the management plan or rule recommendations must describe how restricting or rationing use would address a particular problem.

(5) If rationing is proposed and it becomes necessary to allocate opportunities to use or conduct business on a river, the department, working with the citizen advisory committee, shall recommend an allocation system to the commission. The department may consider all types of allocation systems including fixed systems, nonfixedsystems, and variations of these two types.

(a) the amount of use that would be allocated to each user group; and

(b) the methods used to distribute the use.

(2) If use is allocated to river service providers, the department and the commission shall seek input from a citizen advisory committee, river service providers, and the general public regarding the following:

(a) the method used to determine which individual river service providers would be allocated use; and

(b) the amount of use they would receive.

(3) If a fixed allocation system is adopted for a river, the commission may change the amount of use allocated to a service provider and no property right attaches to that use.

(a) overall amount of use that would be allocated to individual river users or parties of river users; and

(b) the methods used to distribute the opportunities to use the river.

(2) When river allocation is nonfixed:

(a) service providers and their employees may not apply for opportunities to use the river for any reason other than to use the river as a private user; and

(b) the commission may consider exceptions for a nonfixed allocation that allows a river service provider to submit an application form on behalf of a known client as long as that client is present at the time of use.

(2) Use of any transferred river use days is subject to change pursuant to rules adopted by the commission.

(3) No property right attaches to the transferred river use days.

(1) Upon adoption of these rules, the department must develop a river recreation planning manual that provides details on implementation of the analysis and decision-making framework in conjunction with MEPA and MAPA. The manual will incorporate the recommendations of the river recreation advisory council as expressed in their final report of July 10, 2003, including the guiding principles.

(2) The river recreation planning manual must provide direction to the department on the following elements of the analysis and decision-making framework:

(a) prioritizing river recreation planning and management needs;

(b) collecting and analyzing data;

(c) appointing and working with a citizen advisory committee;

(d) incorporating the recommendations of a citizen advisory committee into a management plan; and

(e) implementing, monitoring, and evaluating a management plan or rules.

(3) The department and its citizen advisory committees must consider the river recreation planning manual when developing a river recreation management plan or recommending river recreation rules to the commission.

The following is a list of specific regulations on bodies of water with the reference where the rules regarding those bodies of water are located:

(1) Arapooish Fishing Access (Pond) ARM 12.11.801

(2) Banana Lake ARM 12.11.3401

(3) Bear Mouth Rest Area Pond ARM 12.11.2701

(4) Bearpaw Lake ARM 12.11.2801

(5) Beaver Creek Reservoir ARM 12.11.2805

(6) Beaver Lake ARM 12.11.2201

(7) Beaverhead River ARM 12.11.202,

12.11.205,

12.11.206,

12.11.207, &

12.11.215

(8) Beavertail Pond ARM 12.11.3905

(9) Big Hole River ARM 12.11.601,

12.11.202,

12.11.210,

12.11.211,

12.11.212, &

12.11.220

(10) Bighorn River ARM 12.11.605

(11) Bitterroot River ARM 12.11.610

(12) Black Eagle Dam ARM 12.11.1402

(13) Blackfoot River ARM 12.11.615,

12.11.6501,

12.11.6505,

12.11.6510,

12.11.6515,

12.11.6520,

12.11.6525,

12.11.6530

12.11.6535,

12.11.6540,

12.11.6545,

12.11.6550,

12.11.6555,

12.11.6560,

12.11.6565,

12.11.6570, &

12.11.6575

(14) Blackfoot River Recreation Corridor ARM 12.11.616

(15) Blanchard Lake ARM 12.11.3910

(16) Bootjack Lake ARM 12.11.3405

(17) Bozeman Ponds ARM 12.11.2301

(18) Branum Pond ARM 12.11.1601

(19) Brown's Lake ARM 12.11.4601

(20) Cad Lake ARM 12.11.3410

(21) Canyon Ferry Reservoir ARM 12.11.1001 &

12.11.3201

(22) Carpenter Lake ARM 12.11.3415

(23) Castle Rock Reservoir ARM 12.11.5101

(24) Cibid Lake ARM 12.11.3420

(25) Clark Fork River ARM 12.11.620

(26) Clearwater Lake ARM 12.11.3915

(27) Clearwater River ARM 12.11.625

(28) Cochrane Dam ARM 12.11.1404

(29) Cochrane Reservoir ARM 12.11.1403

(30) Colt Lake ARM 12.11.3920

(31) Cooney Reservoir ARM 12.11.1201

(32) Cottonwood Lake ARM 12.11.3925

(33) Crystal Lake ARM 12.11.2101

(34) East Gallatin Pond ARM 12.11.2305

(35) Echo Lake ARM 12.11.2204

(36) Elsina Lake ARM 12.11.3930

(37) Fitzpatrick Lake ARM 12.11.5701

(38) Flathead Lake ARM 12.11.2205 &

12.11.3110 

(39) Flint Creek Dam ARM 12.11.2705

(40) Forest Lake ARM 12.11.3701

(41) Fort Peck Dredge Cut Trout Pond ARM 12.11.5901

(42) Fort Peck Reservoir ARM 12.11.2401,

12.11.3601, &

12.11.5905 

(43) Frenchtown Pond ARM 12.11.3935

(44) Fresno Reservoir ARM 12.11.2810

(45) Georgetown Lake ARM 12.11.1901 &

12.11.2710

(46) Gartside Reservoir ARM 12.11.4901

(47) Harpers Lake ARM 12.11.3940

(48) Harrison Lake (Willow Creek Res.) ARM 12.11.3501

(49) Hauser Dam ARM 12.11.3204

(50) Hauser Reservoir ARM 12.11.3205

(51) Hebgen Dam ARM 12.11.2307

(52) Hebgen Lake ARM 12.11.2308

(53) Helena Valley Equalizing

Reservoir Regulations ARM 12.11.3210

(54) Henry Reservoir ARM 12.11.5705

(55) Hidden Lake ARM 12.11.3945

(56) Holland Lake ARM 12.11.3950

(57) Holter Dam ARM 12.11.3214

(58) Holter Lake ARM 12.11.3215

(59) Hyalite Reservoir ARM 12.11.2310

(60) Inez Lake ARM 12.11.3955

(61) Johnson Reservoir ARM 12.11.1801

(62) Kerr Dam ARM 12.11.3101

(63) Lake Alva ARM 12.11.3901

(64) Lake Dinah ARM 12.11.3960

(65) Lake Elmo ARM 12.11.6201

(66) Lake Five ARM 12.11.2208

(67) Lake Helena ARM 12.11.3220

(68) Lake Koocanusa ARM 12.11.3425

(69) Lake Marshall ARM 12.11.3962

(70) Lavon Lake ARM 12.11.3430

(71) Leon Lake ARM 12.11.3435

(72) Lilly Pad Lake ARM 12.11.3440

(73) Little Loon Lake ARM 12.11.3445

(74) Little McGregor Lake ARM 12.11.2210

(75) Little Rainbow Lake ARM 12.11.3450

(76) Lost Lake ARM 12.11.3455

(77) Lower Carter Pond ARM 12.11.2105

(78) Madison Dam ARM 12.11.3506

(79) Middle Thompson Lake ARM 12.11.3460

(80) Milltown Dam ARM 12.11.3963

(81) Missouri River ARM 12.11.630

(82) Morony Dam ARM 12.11.1406

(83) Morony Reservoir ARM 12.11.1405

(84) Morrell Lake ARM 12.11.3965

(85) Myron Lake ARM 12.11.3465

(86) Mystic Dam ARM 12.11.5405

(87) Park Lake ARM 12.11.2901

(88) Pelican Point Fishing Access Ponds ARM 12.11.1401

(89) Placid Creek ARM 12.11.3970

(90) Rainbow Dam ARM 12.11.1415

(91) Rainbow Lake ARM 12.11.3470

(92) Rainy Lake ARM 12.11.3975

(93) Ryan Dam ARM 12.11.1408

(94) Ryan Reservoir ARM 12.11.1407

(95) Salmon Lake ARM 12.11.3980

(96) Savage Lake ARM 12.11.3475

(97) Seeley Lake ARM 12.11.3985

(98) Silver Lake ARM 12.11.1910

(99) Smith River ARM 12.11.635

(100) South Sandstone Reservoir ARM 12.11.2001

(101) Spook Lake ARM 12.11.3990

(102) Spring Meadow Lake ARM 12.11.3225

(103) Summit Lake ARM 12.11.3995

(104) Swan Lake ARM 12.11.3106

(105) Swan River ARM 12.11.640

(106) Thompson Falls Dam ARM 12.11.5205

(107) Tongue River Reservoir ARM 12.11.805

(108) Topless Lake ARM 12.11.3480

(109) Upper Carter Pond ARM 12.11.2110

(110) Upper Thompson Lake ARM 12.11.3485

(111) Upsata Lake ARM 12.11.3999

(112) West Rosebud Dam ARM 12.11.5420

(113) Whitefish River ARM 12.11.645

(114) Whitetail Reservoir ARM 12.11.1701

(115) Willow Creek Res. (Harrison Lake) ARM 12.11.3501

(116) Wood Lake ARM 12.11.3230

The following is a list of specific regulations on bodies of water with the reference where the rules regarding those bodies of water are located:

(1) Alvord Lake ARM 12.11.3402

(2) Arapooish Fishing Access (Pond) ARM 12.11.801

(3) Banana Lake ARM 12.11.3401

(4) Bear Mouth Rest Area Pond ARM 12.11.2701

(5) Bearpaw Lake ARM 12.11.2801

(6) Beaver Creek Reservoir ARM 12.11.2805

(7) Beaver Lake ARM 12.11.2201

(8) Beaverhead River ARM 12.11.202,

12.11.205,

12.11.206,

12.11.207, &

12.11.215

(9) Beavertail Pond ARM 12.11.3905

(10) Big Hole River ARM 12.11.601,

12.11.202,

12.11.210,

12.11.211,

12.11.212, &

12.11.220

(11) Bighorn River ARM 12.11.605

(12) Bitterroot River ARM 12.11.610,

12.11.6301,

12.11.6302, &

12.11.6306

(13) Black Eagle Dam ARM 12.11.1402

(14) Blackfoot River ARM 12.11.615,

12.11.6501,

12.11.6505,

12.11.6510,

12.11.6515,

12.11.6520,

12.11.6525,

12.11.6530

12.11.6535,

12.11.6540,

12.11.6545,

12.11.6550,

12.11.6555,

12.11.6560,

12.11.6565,

12.11.6570, &

12.11.6575

(15) Blackfoot River Recreation Corridor ARM 12.11.616

(16) Blanchard Lake ARM 12.11.3910

(17) Bootjack Lake ARM 12.11.3405

(18) Bozeman Ponds ARM 12.11.2301

(19) Branum Pond ARM 12.11.1601

(20) Brown's Lake ARM 12.11.4601

(21) Brush Lake ARM 12.11.5303

(22) Cad Lake ARM 12.11.3410

(23) Canyon Ferry Reservoir ARM 12.11.1001,

12.11.1002, &

12.11.3201

(24) Carpenter Lake ARM 12.11.3415

(25) Castle Rock Reservoir ARM 12.11.5101

(26) Cibid Lake ARM 12.11.3420

(27) Clark Fork River ARM 12.11.620

(28) Clearwater Lake ARM 12.11.3915

(29) Clearwater River ARM 12.11.625

(30) Cochrane Dam ARM 12.11.1404

(31) Cochrane Reservoir ARM 12.11.1403

(32) Colt Lake ARM 12.11.3920

(33) Cooney Reservoir ARM 12.11.1201

(34) Cottonwood Lake ARM 12.11.3925

(35) Crystal Lake ARM 12.11.2101

(36) East Gallatin Pond ARM 12.11.2305

(37) Echo Lake ARM 12.11.2204

(38) Elsina Lake ARM 12.11.3930

(39) Fitzpatrick Lake ARM 12.11.5701

(40) Flathead Lake ARM 12.11.2205 &

12.11.3110

(41) Flathead River ARM 12.11.2606

(42) Flint Creek Dam ARM 12.11.2705

(43) Forest Lake ARM 12.11.3701

(44) Fort Peck Dredge Cut Trout Pond ARM 12.11.5901

(45) Fort Peck Reservoir ARM 12.11.2401,

12.11.3601, &

12.11.5905

(46) Frenchtown Pond ARM 12.11.3935

(47) Fresno Reservoir ARM 12.11.2810

(48) Georgetown Lake ARM 12.11.1901 &

12.11.2710

(49) Gartside Reservoir ARM 12.11.4901

(50) Harpers Lake ARM 12.11.3940

(51) Harrison Lake (Willow Creek Res.) ARM 12.11.3501

(52) Hauser Dam ARM 12.11.3204

(53) Hauser Reservoir ARM 12.11.3205

(54) Hebgen Dam ARM 12.11.2307

(55) Hebgen Lake ARM 12.11.2308

(56) Helena Valley Regulating Reservoir ARM 12.11.3210

(57) Henry Reservoir ARM 12.11.5705

(58) Hidden Lake ARM 12.11.3945

(59) Holland Lake ARM 12.11.3950

(60) Holter Dam ARM 12.11.3214

(61) Holter Lake ARM 12.11.3215

(62) Hyalite Reservoir ARM 12.11.2310

(63) Inez Lake ARM 12.11.3955

(64) Johnson Reservoir ARM 12.11.1801

(65) Kerr Dam ARM 12.11.3101

(66) Kilbrennan Lake ARM 12.11.3423

(67) Lake Alva ARM 12.11.3901

(68) Lake Dinah ARM 12.11.3960

(69) Lake Elmo ARM 12.11.6201

(70) Lake Five ARM 12.11.2208

(71) Lake Helena ARM 12.11.3220

(72) Lake Koocanusa ARM 12.11.3425

(73) Lake Marshall ARM 12.11.3962

(74) Lavon Lake ARM 12.11.3430

(75) Leon Lake ARM 12.11.3435

(76) Lilly Pad Lake ARM 12.11.3440

(77) Little Loon Lake ARM 12.11.3445

(78) Little McGregor Lake ARM 12.11.2210

(79) Little Rainbow Lake ARM 12.11.3450

(80) Lost Lake ARM 12.11.3455

(81) Lower Carter Pond ARM 12.11.2105

(82) Madison Dam ARM 12.11.3506

(83) Madison River ARM 12.11.6701,

12.11.6702,

12.11.6705,

12.11.6706,

12.11.6710,

12.11.6711, &

12.11.6715

(84) Middle Thompson Lake ARM 12.11.3460

(85) Milltown Dam ARM 12.11.3963

(86) Missouri River ARM 12.11.630

(87) Morony Dam ARM 12.11.1406

(88) Morony Reservoir ARM 12.11.1405

(89) Morrell Lake ARM 12.11.3965

(90) Myron Lake ARM 12.11.3465

(91) Mystic Dam ARM 12.11.5405

(92) Park Lake ARM 12.11.2901

(93) Pelican Point Fishing Access Ponds ARM 12.11.1401

(94) Placid Creek ARM 12.11.3970

(95) Rainbow Dam ARM 12.11.1415

(96) Rainbow Lake ARM 12.11.3470

(97) Rainy Lake ARM 12.11.3975

(98) Ryan Dam ARM 12.11.1408

(99) Ryan Reservoir ARM 12.11.1407

(100) Salmon Lake ARM 12.11.3980

(101) Savage Lake ARM 12.11.3475

(102) Seeley Lake ARM 12.11.3985

(103) Shields River  ARM 12.11.633

(104) Silver Lake ARM 12.11.1910

(105) Smith River ARM 12.11.635

(106) South Sandstone Reservoir ARM 12.11.2001

(107) Spook Lake ARM 12.11.3990

(108) Spring Meadow Lake ARM 12.11.3225

(109) Summit Lake ARM 12.11.3995

(110) Swan Lake ARM 12.11.3106

(111) Swan River ARM 12.11.640

(112) Tepee Lake ARM 12.11.2225 

(113) Thompson Falls Dam ARM 12.11.5205

(114) Tongue River Reservoir ARM 12.11.805

(115) Topless Lake ARM 12.11.3480

(116) Upper Carter Pond ARM 12.11.2110

(117) Upper Thompson Lake ARM 12.11.3485

(118) Upsata Lake ARM 12.11.3999

(119) West Rosebud Dam ARM 12.11.5420

(120) Whitefish River ARM 12.11.645

(121) Whitetail Reservoir ARM 12.11.1701

(122) Willow Creek Res. (Harrison Lake) ARM 12.11.3501

(123) Wood Lake ARM 12.11.3230

(1) Vessels are limited to a controlled no wake speed as defined in ARM 12.11.101(1) surrounding commercial marinas as buoyed.

(2) A commercial marina may not establish a no wake zone beyond 300 feet of the marina docks without prior approval from the department.

(a) official patrol;

(b) search and rescue operations;

(c) maintenance of hydroelectric projects with prior notification by the utility;

(d) scientific studies, including sampling fish populations, by department personnel;

(e) for other than department personnel, scientific purposes with the director's prior written approval and any required permits; and

(f) special events such as testing of motorized water craft with the director's prior written approval.

(2) The rules within this chapter generally do not require approval by the Department of Public Health and Human Services (DPHHS)   under 87-1-303 , MCA, as they do not apply to issues of public health and sanitation. If a rule is adopted which does require DPHHS approval in regard to health and sanitation, the rule will indicate approval.

(1) A water obstacle includes but is not limited to:

(a) pier;

(b) floating dock;

(c) platform;

(d) shoreline dock greater than 75 feet from shoreline;

(e) navigational aid;

(f) slalom course;

(g) jump/rail; and

(h) inflatable recreational equipment located greater than 75 feet from shoreline.

(2) No person shall place any permanent or anchored water obstacle on the waters of this state without a permit issued by the department or a federal, state, or county entity with authority. Water obstacles that are permitted by a federal, state, or county entity with authority are not required to obtain an additional permit from the department.

(3) All permitted water obstacles must be visibly marked with the owner's name with letters that are:

(a) a contrasting color to the object; and

(b) at least three inches in height with the letter width proportionate to the height.

(4) Each permitted water obstacle must be marked with lights if placed overnight and the marker lights:

(a) must meet United States Coast Guard requirements for marker lights;

(b) must float at least 39 inches above the water;

(c) must be an amber color flashing light that flashes a minimum of 30 flashes per minute and is visible for up to one-half mile; and

(d) if buoyed, the buoy must be self-righting and have a three-inch silver radar reflective band around the top.

(5) Placement of water obstacles without a proper permit or failure to abide the permit requirements constitutes a violation of commission rules and regulations and the water obstacles must be removed by the entity that placed the obstacle immediately upon notification. Water obstacles that create a hazard may be removed by the department at the owner's expense. Any damages incurred during removal by the department will not be the responsibility of the department.

(a) Beaverhead County;

(b) Butte Silver Bow County;

(c) Deer Lodge County; and

(d) Madison County.

(2) That portion of the Bighorn River from Afterbay Dam to the Bighorn access area is closed to use for any motor-propelled watercraft.

(1) Bitterroot River is closed to use of any motorized watercraft except any motorized watercraft powered by 20 horsepower or less are permitted from October 1 through January 31 from the headwaters of the Bitterroot River to the confluence with the Clark Fork River. 

(2) Floating of any kind, including the use of a tube, raft, vessel, or similar device, is prohibited on Fridays from July 1 through September 15 from Painted Rocks Dam to Applebury Forest Service Site.

(1) The Blackfoot River and its tributaries are closed to use of any motorized watercraft from the headwaters of the Blackfoot River to the confluence with the Clark Fork River.

(2) A portion of the Blackfoot River is within the Blackfoot River Recreation Corridor and is regulated by ARM 12.11.616.

(1) The Blackfoot River Recreation Corridor includes:

(a) a portion of the Blackfoot River from the Missoula-Powell County line downstream to Johnsrud Park Fishing Access Site; and

(b) a portion of the Clearwater River from Highway 200 downstream to the confluence with the Blackfoot River.

(2) Unless otherwise signed, the public is permitted to occupy:

(a) 50 feet above the ordinary high water mark from the Missoula-Powell County line to Corrick's Riverbend Fishing Access Site on the Blackfoot River;

(b) 50 feet above the ordinary high water mark from Clearwater Crossing Fishing Access Site to Clearwater Bridge on the Clearwater River; and

(c) 1/4 mile from the Blackfoot River or to the Corridor Road, whichever is greater, from Corrick's Riverbend Fishing Access Site to Johnsrud Park Fishing Access Site on the Blackfoot River.

(3) Camping is permitted in designated areas only.

(4) Building and maintaining a fire is permitted in designated areas only.

(5) Discharge of any firearm, air or gas weapon, or arrow from a bow is prohibited except for legal game hunting.

(6) Discharge of fireworks is prohibited.

(7) Pets must remain within sight and under control at all times.

(8) Within designated camping areas, pets must remain on a leash at all times.

(9) Motor vehicles are to remain within authorized roadways and designated parking areas.

(10) Glass bottles and containers are prohibited.

(11) It is the responsibility of the public to know the current regulations, rules, and laws governing the use and occupancy of the land within the Blackfoot River Recreation Corridor. This rule is in effect as long as the Blackfoot River Recreation Corridor Agreement is in effect.

(1)  The Boulder River and its tributaries are closed to all motorized watercraft, as defined in 23-2-502, MCA, except: 

(a) motorized watercraft 10 horsepower or less are permitted from the Natural Bridge Falls to the Yellowstone River from April 1 to September 30.

(1) The Clark Fork River and its tributaries, unless specified elsewhere in this chapter, are closed to all motorized watercraft, including personal watercraft as defined in 23-2-502, MCA, except:

(a) from Kelly Island (Spurgin Road) Fishing Access Site boat ramp and the Grass Valley Ditch Diversion to Harper's Bridge Fishing Access Site:

(i) any motorized watercraft, except personal watercraft as defined in 23-2-502, MCA, are permitted from May 1 to June 15; and

(ii) any motorized watercraft 20 horsepower or less are permitted from October 1 through January 31.

(b) from Harper's Bridge Fishing Access Site to St. John's Fishing Access Site:

(i) any motorized watercraft, except personal watercraft as defined in 23-2-502, MCA, are permitted from October 1 to June 15; and

(ii) any motorized watercraft 20 horsepower or less are permitted from June 16 through September 30.

(c) from the mouth of Fish Creek to the Montana border.

(1) In Missoula County the Clearwater River is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas:

(a) from the outlet of Seeley Lake to the first bridge downstream from Camp Paxon swim dock; and

(b) the portion of the river from Boy Scout Road Bridge north of Seeley Lake to the mouth of the river at the north end of Seeley Lake.

(2) A portion of the Clearwater River is within the Blackfoot River Recreation Corridor and is regulated by ARM 12.11.616.

(1) In Broadwater County the Missouri River is closed to all swimming, boating, sailing and floating in the following areas:

(a) between Toston dam and 300 feet downstream of the dam; and

(b) the reservoir between the Toston dam and the boat barrier.

(2) In Cascade County the Missouri River:

(a) is closed to the use of motorized watercraft from the Burlington Northern Railway Bridge No. 119.4 at Broadwater Bay in Great Falls to Black Eagle; and

(b) is limited to a controlled no wake speed, as defined in ARM 12.11.101, 200 feet from the western shore as buoyed from the Warden Bridge on 10th Avenue to the Burlington Northern Railway Bridge No. 119.4 from May 1 to September 30.

(1) The Shields River is located in Park and Meagher counties.

(2) The Shields River and its tributaries are closed to any motorized watercraft from the headwaters of the Shields River to the confluence with the Yellowstone River.

(a) Cascade County; and

(b) Meagher County.

(2) In Lake County, the Swan River is limited to a controlled no wake speed, as defined in ARM 12.11.101, in the following area:

(a) from the mouth of Swan Lake to Porcupine Bridge approximately 4 1/2 miles.

(3) In Flathead and Lake counties, the Swan River is limited from July 1 to September 15 of each year to either a controlled no wake speed, as defined in ARM 12.11.101, or the minimum operating speed necessary to progress upstream in the following area:

(a) from where the Swan River flows out of Swan Lake in Lake County, as marked, to where Bear Creek enters the Swan River in Flathead County.

(1) Whitefish River is located in Flathead County.

(2) Whitefish River is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), from its confluence with Whitefish Lake to the bridge on JP Road.

(3) Whitefish River is limited to manually and electric powered watercraft from its confluence at the railroad trestle south of Whitefish Lake outlet to the bridge on JP Road.

  (1) The following is a list of counties wherein rivers and streams are regulated and the rules which explain those regulations and the exceptions:

(2) Arapooish Fishing Access is closed to use for any motor-propelled watercraft.

(1) Tongue River Reservoir is located in Big Horn County.

(2) Tongue River Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas:

(a) from shoreline to 300 feet from shoreline from the south point that forms Corral Creek Bay (DNRC cabin site) , north to the face of the dam, west along the dam face, and south along the west shore of the reservoir to the point where the Tongue River enters the reservoir;

(b) as buoyed in the marina area at Campers Point;

(c) Campers Point Bay;

(d) Cormorant Bay;

(e) Corral Creek Bay (DNRC cabin site bay);

(f) Neck Bay;

(g) Pee Wee Point Bay;

(h) Rattlesnake Bay; and

(i) Tongue River from the Wyoming border to the Tongue River Reservoir.

(3) The following are exceptions to (2):

(a) personal watercraft which must maintain a certain minimum operating speed to remain upright and maneuver in the water may travel at that minimum operating speed following the most direct route through the no wake zone to and from shore; and

(b) motorized watercraft towing a skier from a dock or the shore.

This rule has been repealed.

(1) In Broadwater County, Canyon Ferry Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), within 300 feet of docks or as buoyed in the following areas:

(a) White Earth.

(2) Silos Campground is limited to a controlled no wake speed, as defined in

ARM 12.11.101(1), from shoreline to 300 feet from shoreline between Gass Bay and Seaman's Bay, or as marked by buoys.

(3) Refer to ARM 12.11.3201 for the portion of Canyon Ferry Reservoir located in Lewis and Clark County.

(a) on the Missouri River, downriver from the Broadwater-Gallatin County line.

(2) Cooney Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas:

(a) all of Willow Creek Arm as buoyed; and

(b) North Shore and Marshall Cove within 300 feet of dock or as buoyed.

(3) All watercraft on Cooney Reservoir pulling, taking off with, and landing water skiers will travel in a general, consistent, counterclockwise direction.

(1) Pelican Point Fishing Access Ponds are located in Cascade County.

(2) Pelican Point Fishing Access Ponds are closed to use for any motor-propelled watercraft.

(2) The waters 500 feet above the dam to 100 feet below the waterfalls are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

(3) All river and stream channel areas near the dam are closed to all public access below the ordinary high-water mark as defined by 23-2-301 , MCA, from the dam to 100 feet below the waterfalls and will be identified by signs or fences installed by the owner or operator of the dam.

(2) Cochrane Reservoir is closed to all boating, sailing, floating, swimming, personal watercraft use, and waterfowl hunting.

(3) Fishing from shore is permitted except in areas where public access is prohibited as marked.

(2) The waters 500 feet above the dam to 500 feet below the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

(2) Morony Reservoir is closed to all boating, sailing, floating, swimming, personal watercraft use, and waterfowl hunting.

(3) Fishing from shore is permitted except in areas where public access is prohibited as marked.

(2) The waters 500 feet above the dam to 500 feet below the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

(2) Ryan Reservoir is closed to all boating, sailing, floating, swimming, personal watercraft use, and waterfowl hunting.

(3) Fishing from shore is permitted except in areas where public access is prohibited as marked.

(2) The waters 500 feet above the dam to 100 feet below the waterfalls are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

(3) All river and stream channel areas near the dam are closed to all public access below the ordinary high-water mark as defined by 23-2-301 , MCA, from the dam to the east end of Ryan Island and will be identified by signs or fences installed by the owner or operator of the dam.

(2) The waters 600 feet above the dam to 100 feet below the waterfalls are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

(3) All river and stream channel areas near the dam are closed to all public access below the ordinary high-water mark as defined by 23-2-301 , MCA, from the dam to 4,400 feet below the dam to the east end of Tailrace Island adjacent to the Rainbow Dam powerhouse and will be identified by signs or fences installed by the owner or operator of the dam.

(2) Branum Pond is closed to use for any motor-propelled watercraft.

(2) Whitetail Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(2) Johnson Reservoir is limited to manually operated watercraft and watercraft power by electric motors.

(2) In Deer Lodge County, Georgetown Lake is limited to a controlled no wake speed as defined in ARM 12.11.101(1) in the following area:

(a) from the mouth of Stuart Mill Bay as marked by buoys and continuing to shore.

(1) Silver Lake is located in Deer Lodge County.

(2) The water within 100 feet of the intake structure is closed to all boating, sailing, floating, and swimming. The closed water will be identified and delineated by buoys or signs.

(2) South Sandstone Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.102(1) .

(2) Crystal Lake is limited to manually operated watercraft and watercraft powered by electric motors.

(2) Lower Carter Pond is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(2) Upper Carter Pond is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(2) Beaver Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) during the following times:

(a) 5 a.m. to 10 a.m. and 7 p.m. to 11 p.m. each day.

(1) Echo Lake is located in Flathead County.

(2) Echo Lake is limited to a controlled no wake speed pursuant to ARM 12.11.115 except for the following areas:

(a) the upper three islands in the southwest corner of section 5, approximately 1/4 mile southeast of the entrance of Blackies Bay;

(b) the narrow corridor that serves as the entrance and exit to Blackies Bay located in the northwest corner of Echo Lake; and

(c) the narrow corridor that serves as the entrance and exit to Causeway Bay located in the northeast corner of Echo Lake.

(1) A portion of Flathead Lake is located in Flathead County.

(2) In Flathead County, Flathead Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas:

(a) Bigfork Bay to a point approximately 100 yards west of the Highway 35 bridge as marked by signed buoys.

(3) Refer to ARM 12.11.3110 for the portion of Flathead Lake located in Lake County.

(2) Church Slough is closed to boating March 1 to April 10.

(3) Fennon Slough is restricted to a controlled no wake speed, as defined in ARM 12.11.101(1).

(4) The North Fork of the Flathead River:

(a) is closed to all motorboats from the Canadian border to the Camas Bridge; and

(b) is closed to all motorboats with motors greater than 10 horsepower from Camas Bridge to the confluence of the Middle Fork of the Flathead River.

(5) The Middle Fork of the Flathead River:

(a) is closed to all motorboats from the Bob Marshall Wilderness boundary to the Highway 2 Bridge at Essex; and

(b) is closed to all motorboats with motors greater than 10 horsepower from the Highway 2 Bridge at Essex to the confluence of the South Fork of the Flathead River.

(6) The South Fork of the Flathead River:

(a) is closed to all motorboats from Spotted Bear Footbridge to the Bob Marshall Wilderness boundary; and

(b) is closed to all motorboats with motors greater than 10 horsepower from Spotted Bear foot bridge to Hungry Horse Reservoir at full pool (3850 feet elevation).

(2) ARM 12.11.115 exempts Lake Five from the controlled no wake speed defined in ARM 12.11.101(1).

(3) Personal watercraft as defined in 23-2-502, MCA are prohibited.

(4) All vessels towing a person water skiing, tubing, or any similar activity must travel in a counter-clockwise direction.

(2) Little McGregor Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(1) Tepee Lake is located in Flathead County.

(2) Tepee Lake is closed to use for any motor-propelled watercraft.

(2) Bozeman Ponds are closed to use for any motor-propelled watercraft.

(2) East Gallatin Pond is closed to use for any motor-propelled watercraft.

(2) The waters 100 feet above the dam to 100 feet below the outlet works are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

(1) Hebgen Lake is located in Gallatin County.

(2) Hebgen Lake is limited to a controlled no wake speed as defined in ARM 12.11.101 in the following areas:

(a) Rainbow Point Bay no wake or as buoyed; and

(b) Loneshomehurst Campground within 200 feet of the shoreline or as buoyed.

(2) Hyalite Reservoir is limited to a controlled no wake speed as defined in ARM 12.11.101(1) .

(a) on the Missouri River, downriver from Headwaters State Park.

This rule has been repealed.

(2) Bear Mouth Rest Area Pond is closed to use for any motor-propelled watercraft.

(1) Flint Creek Dam is located in Granite County on Flint Creek and forms Georgetown Lake.

(2) The waters 100 feet above the dam to 150 feet below the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

(2) In Deer Lodge County, Georgetown Lake is limited to a controlled no wake speed as defined in ARM 12.11.101(1) in the following area:

(a) from the mouth of Stuart Mill Bay as marked by buoys and continuing to shore.

(2) Bearpaw Lake is closed to use for any motor-propelled watercraft.

(2) Beaver Creek Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(3) Beaver Creek Reservoir is closed to the use of all watercraft propelled by machinery of over 10 horsepower.

(2) Fresno Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas:

(a) the area around the Fresno boat club docks;

(b) public boat ramp areas; and

(c) swimming and beach area as buoyed and signed.

(2) Park Lake is closed to use for any motor-propelled watercraft.

(2) The area immediately above Kerr Dam is either closed as posted or marked by barrel booms to the use of all watercraft.

(1) Swan Lake is located in Lake County.

(2) Swan Lake is limited to a controlled no wake speed pursuant to ARM 12.11.115.

(3) The northern outlet of Swan Lake to the southern tip of the southern most island (approximately 3/4 of a mile south), or as buoyed, is limited to a controlled no wake speed.

(1) A portion of Flathead Lake is located in Lake County.

(2) In Lake County, Flathead Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas:

(a) Cromwell Channel at its narrowest section approximately 800 feet in length or as marked by buoys.

(3) Refer to ARM 12.11.2205 for the portion of Flathead Lake located in Flathead County.

(1) In Lewis and Clark County, Canyon Ferry Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), within 300 feet of docks or as buoyed or described otherwise below, in the following areas:

(a) Chinamen’s Bay;

(b) Hellgate Bay, 300 feet southwest from the boat ramp, and extending north to the opposite shore;

(c) Magpie Bay; and

(d) Shannon Boat Launch.

(2) Court Sheriff Bay is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), from the mouth of the bay or as buoyed. The mouth of Court Sheriff Bay is identified as the area from the tip of the narrow peninsula that extends southeast from Canyon Ferry Village to the shore directly east.

(3) Kayley Bay is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), approximately 500 yards from the mouth of the stream entering the lake and extending southwest to the point of the bay that narrows at the peninsula at Tranquility Drive on the north side of the bay, to the opposite shore southeast, or as buoyed.

(4) The area immediately above and below Canyon Ferry Dam is either closed as posted or marked by barrel booms to the use of all watercraft.

(5) Refer to ARM 12.11.1002 for the portion of Canyon Ferry Reservoir located in Broadwater County.

(2) The waters 250 feet above the dam to 600 feet below the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

(3) All river and stream channel areas near the dam are closed to all public access below the ordinary high-water mark as defined by 23-2-301 , MCA, from the dam to 100 feet below the dam from December 1 through April 1 annually and will be identified by signs or fences installed by the owner or operator of the dam.

(1) Hauser Reservoir is located in Lewis and Clark County.

(2) Hauser Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas:

(a) Lakeside marina within 300 feet of the docks or as buoyed;

(b) Hauser Lake State Park at Black Sandy beach within 300 feet of the docks or as buoyed;

(c) Spokane Creek Bay within 500 feet from the mouth of the bay or as buoyed;

(d) Devil's Elbow Campground, from the campground shore to 100 feet into the Missouri River channel or as buoyed;

(e) Clark's Bay from shoreline to 300 feet from shore or as buoyed;

(f) York Bridge fishing access site within 300 feet of the boat ramp and dock area or as buoyed;

(g) White Sandy Recreation Area within 300 feet of docks and swim area or as buoyed; and

(h) Canyon Ferry Dam to Riverside boat ramp.

(1) The main purpose of the Helena Valley Regulating Reservoir is to impound the waters for irrigation and for domestic water supply for the city of Helena.

(2) No boathouse or landing float, pier, or other docking or mooring device shall be installed without a written permit issued by the department or the U.S. Bureau of Reclamation.

(3) The reservoir is restricted to manually operated watercraft and watercraft powered by electric motors only.

(4) Boat regattas and racing are prohibited.

(5) No swimming or wading is permitted except when launching or removing a vessel from the reservoir.

(6) Pets may not occupy the water but are allowed on ice covering the reservoir.

(7) The following are prohibited upon ice covering the reservoir:

(a) fires; and

(b) all-terrain vehicles, off highway vehicles, snowmobiles, and any other vehicles. 

(2) The waters 150 feet above the dam to 900 feet below the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

(1) Holter Lake is located in Lewis and Clark County.

(2) Holter Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas:

(a) Bureau of Land Management boat landing on Holter Lake as buoyed;

(b) Juniper Bay;

(c) Log Gulch;

(d) Departure Point; and

(e) Merriweather Camp.

(3) Holter Lake is closed on Saturday and Sunday of each week and on all legal holidays from the mouth of the canyon on upper Holter Lake to the Gates of the Mountains near Mann Gulch, as marked, to:

(a) water skiing, tubing, or any similar activity in which a vessel is towing a person; and

(b) wake surfing or any similar activity in which a person is riding the wake of a vessel.

(2) Lake Helena is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), during the following times:

(a) from April 1 to the opening of waterfowl season.

(2) Spring Meadow Lake is closed to use for any motor-propelled watercraft.

(2) Wood Lake is closed to use for any motor-propelled watercraft.

(2) Banana Lake is limited to a controlled no wake speed, as defined is ARM 12.11.101(1) .

(2) Alvord Lake is limited to a controlled no wake speed as defined in ARM 12.11.101.

(2) Bootjack Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(2) Cad Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(2) Carpenter Lake is closed to the use of all watercraft propelled by machinery of over 10 horsepower.

(2) Cibid Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(2) Kilbrennan Lake is limited to a controlled no wake speed as defined in ARM 12.11.101.

(2) Lake Koocanusa is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas:

(a) Cripple Horse Bay, within 300 feet of dock or as buoyed.

(2) Lavon Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , including the channel between Lavon and Crystal Lakes.

(2) Leon Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(2) Lilly Pad Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(2) Little Loon Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(2) Little Rainbow Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(2) Lost Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(2) Middle Thompson Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) in the channel between Middle and Lower Thompson lakes.

(2) Myron Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(2) Rainbow Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(2) Savage Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , during the following hours:

(a) 5 a.m. to 10 a.m. and from 7 p.m. to 11 p.m. each day.

(2) Topless Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(2) Upper Thompson Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas:

(a) Middle and Lower lobe.

(2) Harrison Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas:

(a) all of Willow Creek Arm and Norwegian Arm as buoyed  6 p.m. to 11 a.m.

(2) The waters 600 feet above the dam to 700 feet below the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

This rule has been repealed.

(2) Forest Lake is closed to use for any motor-propelled watercraft.

(1) Alva Lake is located in Missoula County.

(2) All watercraft on Lake Alva are limited to a controlled no wake speed as defined in ARM 12.11.101.

(2) Beavertail Pond is limited to manually operated watercraft and watercraft powered by electric motors.

(2) Blanchard Lake is closed to the use of all watercraft propelled by machinery of over 10 horsepower.

(2) Clearwater Lake is limited to manually operated watercraft and watercraft powered by electric motors.

(2) Colt Lake is limited to manually operated watercraft and watercraft powered by electric motors.

(2) Cottonwood Lake is limited to manually operated watercraft and watercraft powered by electric motors.

(2) Elsina Lake is limited to manually operated watercraft and watercraft powered by electric motors.

(2) Frenchtown Pond is closed to use for any motor-propelled watercraft.

(1) Harpers Lake is located in Missoula County.

(2) Harpers Lake is limited to manually operated watercraft and watercraft powered by electric motors.

(2) Hidden Lake is limited to manually operated watercraft and watercraft powered by electric motors.

(2) Holland Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas:

(a) Holland Lake Lodge within 300 feet or as buoyed; and

(b) Bay Loop campground within 300 feet or as buoyed.

(2) All watercraft on Inez Lake pulling, taking off with, and landing water skiers will travel in a general, consistent, counterclockwise direction.

(2) Lake Dinah is closed to use for any motor-propelled watercraft.

(1) Lake Marshall is located in Missoula County.

(2) Lake Marshall is limited to manually operated watercraft and watercraft powered by electric motors.

This rule has been repealed.

(2) Morrell Lake is closed to use for any motor-propelled watercraft.

(2) Placid Creek is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas:

(a) from its headwaters to the confluence with Placid Lake.

(2) Rainy Lake is limited to manually operated watercraft and watercraft powered by electric motors.

(2) Salmon Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following areas:

(a) the Clearwater River from the Placid Lake Road Bridge to Salmon Lake;

(b) that portion known as Legendary Lodge Narrows near the south end of the lake; and

(c) the area south of Salmon Cove Point (Eagle's Nest) to the lake's outlet.

(2) All watercraft on Seeley Lake pulling, taking off with, and landing water skiers on Seeley Lake will travel in a general, consistent, counterclockwise direction.

(3) Seeley Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) , in the following area:

(a) the northernmost portion of the lake with the boundary being from where Deer Creek flows into the west side of the lake, following a straight line across the lake to where Rice Creek flows into the east side of the lake and continuing north to shore, as marked.

(2) Spook Lake is limited to manually operated watercraft and watercraft powered by electric motors.

(2) Summit Lake is limited to manually operated watercraft and watercraft powered by electric motors.

(2) Upsata Lake is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(1) All rivers and streams in Park County east of the continental divide are closed to the use of all watercraft propelled by machinery of over 10 horsepower with the following exceptions:

(a) on the Yellowstone River, downriver from Highway 89 bridge (near mouth of Shields River); and

(b) the Shields River, which is closed to all motorized watercraft pursuant to ARM 12.11.633.

(2) A portion of Brown's Lake near Ovando is either closed as posted or marked by barrel booms to the use of all watercraft, during the time period beginning April 1 and ending July 15.

(2) Gartside Reservoir is limited to manually operated watercraft and watercraft powered by electric motors.

(2) The use of manually operated boats, sailboats and boats powered by electric motors is permitted on the reservoir. Boats powered by gasoline motors may be used only for official patrol, maintenance, search and rescue, or scientific purposes.

(3) No vehicles, including motorcycles, all-terrain vehicles, or snowmobiles are permitted in or on the waters of the reservoir or on the beaches.

(4) No vessels of any type nor swimming are permitted within 100 yards of the intake structure.

(5) No animal shall be allowed in the waters of the reservoir under any circumstances.

(6) For further restrictions on pets and regulations on waste disposal or property disturbance, see ARM 12.8.201 et seq. (public use regulations) .

(2) The waters 1,020 feet above the dam to 500 feet below the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

(2) Brush Lake is limited to a controlled no wake speed as defined in ARM 12.11.101 surrounding the Brush Lake State Park boat ramp, dock, and swimming area as buoyed.

(2) The waters 100 feet above the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

(3) All river and stream channel areas near the dam are closed to all public access below the ordinary high-water mark as defined by 23-2-301 , MCA, from the south side of West Rosebud Creek from the powerhouse to the USGS concrete weir and will be identified by signs or fences installed by the owner or operator of the dam.

Rules 12.11.5406 through 12.11.5419

(2) The water 100 feet above the dam to the dam are closed to all boating, sailing, floating and swimming. The closed waters will be identified and delineated by positive boat restraining systems or signs.

(2) Fitzpatrick Lake is closed to use for any motor-propelled watercraft.

(2) Henry Reservoir is closed to use for any motor-propelled watercraft.

(2) Fort Peck Dredge Cut Trout Pond is limited to a controlled no wake speed, as defined in ARM 12.11.101(1) .

(1) A portion of Fort Peck Reservoir is located in Valley County.

(2) In Valley County, Fort Peck Reservoir is limited to a controlled no wake speed, as defined in ARM 12.11.101(1), in the following areas:

(a) Duck Creek Bay as marked by buoys.

(2) Lake Elmo is limited to manually operated watercraft and watercraft power by electric motors.

(1) Any commercial fishing and floating operators are prohibited to operate without a permit between Painted Rocks Dam and Wally Crawford Fishing Access Site. 

(2) The number of permits available will be established through the following one-time process:

(a) in order to be eligible for a permit to operate, commercial operators with records of historic use may report their use of the Bitterroot River between Painted Rocks Dam and Wally Crawford Fishing Access Site between January 1, 2014 and December 31, 2016, by March 15, 2018 as prescribed by the department;

(b) the department will only consider documented and historic use that is timely reported; and

(c) the department will notify commercial operators with documented usage, determined at the sole discretion of the department, whether they will receive a permit.

(3) The number of permits distributed in the one-time process in 2018 will establish the annual cap of permits available for this portion of the Bitterroot River for future use until otherwise determined by the department.

(4) Permittees must submit an annual report, as prescribed by the department, including:

(a) dates of river use;

(b) number of clients;

(c) stretch of river used;

(d) access points used; and

(e) and any other information the department deems necessary.

(5) Permittees who do not submit an annual report completely and timely will have their permit revoked.

(6) A permit is considered abandoned after three consecutive years of no activity reported on the annual report.

(7) Revoked and abandoned permits will be made available to all commercial fishing and floating operators via a random lottery to be conducted by the department.

(1) Bitterroot River commercial use permit holders are restricted to two launches per section per day from June 1 to September 15 in the following areas:

(a) Painted Rocks Dam to Applebury Forest Service Site;

(b) Applebury Forest Service Site to Trapper Creek Job Corp Site;

(c) Trapper Creek Job Corp Site to Hannon Memorial Fishing Access Site; and

(d) Hannon Memorial Fishing Access Site to Wally Crawford Fishing Access Site.

(2) For the purposes of this rule, "launch" means the placement of a vessel in the water and traveling downstream. A vessel that is docked or beached without exiting the river may continue downstream without it counting as a second launch.

(3) Commercial fishing and floating operators are prohibited from operating from June 1 to September 15 as follows:

(a) between Painted Rocks Dam and Applebury Forest Service Site on Fridays;

(b) between Applebury Forest Service Site and Trapper Creek Job Corp Site on Saturdays;

(c) between Trapper Creek Job Corp Site to Hannon Memorial Fishing Access Site on Sundays; and

(d) between Hannon Memorial Fishing Access Site to Wally Crawford Fishing Access Site on Mondays.

(1) The commission shall review the rules governing recreational use on the Bitterroot River every five years starting in 2022.

(2) The purpose of the special recreation permit program is to ensure that commercial use, competitive events, and organized group activities are compatible with the general recreating public and are consistent with the natural resource management objectives for the river and lands adjacent to the river that are owned or managed by the department.

(3) The special recreation permit program is designed to be consistent with the Bureau of Land Management special recreation permit program in order to provide permittees a streamlined and efficient permitting process.

(4) The statewide rules governing river recreation management shall apply to future recreation management actions on the Blackfoot River.

(1) "Commercial use" means recreational use of lands owned or managed by the department and related waters for business or financial gain and includes any person, group or organization, including nonprofit organizations and academic institutions that make or attempt to make a profit, vend a service or product, receive money, amortize equipment, or obtain goods or services as compensation from participants in recreational activities occurring on lands or related waters that are owned or managed by the department.

(2) "Competitive event" means any organized, sanctioned, or structured use, event, or activity on lands owned or managed by the department or related waters in which two or more contestants compete, the participants register, enter, or complete an application for the event, and/or a predetermined course or area is designated.

(3) "Organized group activity" means a structured, ordered, consolidated, or scheduled event on, or occupation of, lands owned or managed by the department or related waters that is not commercial or competitive.

(4) "Publicly advertised event or activity" means a competitive event or organized group activity that is advertised to the general public, via newspaper, radio, flier, public newsletter, etc., or the event is posted on a web site accessible from the internet. A local network within an office or organization that is not accessible to the public via the internet would not meet the requirement of publicly advertised.

(5) "Vending" means the sale of goods or services, not from a permanent structure, associated with recreation on the lands owned or managed by the department or related waters, including but not limited to food, beverages, clothing, firewood, souvenirs, photographs or film (video or still) or equipment repairs.

(a) all legally accessible portions of the Blackfoot River from its headwaters to its confluence with the Clark Fork River near Bonner, Montana;

(b) the North Fork of the Blackfoot River downstream from the United States forest service boundary to the river's confluence with the main stem of the Blackfoot River; and

(c) lands adjacent to the Blackfoot River and the North Fork of the Blackfoot River that are owned or managed by the department.

(1) Except as provided in ARM 12.11.6520, special recreation permits must be obtained for:

(a) commercial use;

(b) a competitive event; or

(c) an organized group activity.

(2) The special recreation permit implemented by this subchapter is issued in lieu of a special use permit provided for under the Montana Fish, Wildlife and Parks, State Parks System Biennial Fee Rule for group use.

(3) A special recreation permit may be requested for a day, season of use, or other time period, up to a maximum of five years. The department will determine the appropriate term on a case-by-case basis.

(a) is not commercial;

(b) does not award cash prizes;

(c) is not publicly advertised;

(d) poses no appreciable risk for damage to lands owned or managed by the department or related water resource values;

(e) requires no specific management or monitoring;

(f) is consistent with the recreation management guidelines in the department's Blackfoot River Recreation Management Direction; and

(g) poses no appreciable risk to public health and safety.

(2) The department may waive the requirement to obtain a special recreation permit for commercial use, a competitive event or organized group activity if the use, event or activity:

(a) is conducted by an individual or entity owning land adjacent to the Blackfoot River that is managed by the department; and

(b) occurs entirely on the land owned by the individual or entity and managed by the department.

(2) Outfitters providing services to hunters, trappers, or anglers shall obtain special recreation permits from the department.

(2) All persons sponsoring or conducting an organized group activity should contact the department at least 30 days before the activity is intended to begin. The department shall attempt to process applications received less than 30 days before the use is intended to begin on a case-by-case basis. The department shall inform applicants of the status of their application within 14 days after the filing of the application. The department may require more than 30 days to process an application if the proposed activity requires significant environmental analysis.

(a) a completed special recreation application and permit form; and

(b) other relevant information in sufficient detail to allow the department to evaluate the nature and impact of the proposed activity, including measures the applicant will use to mitigate adverse impacts.

(a) conformance with laws, rules, recreation management plans, and land use plans;

(b) public safety;

(c) conflicts with other users in regard to timing, location, site capacity, and other similar considerations;

(d) resource protection;

(e) the public interest served;

(f) whether in the past the applicant complied with the terms of his/her permit or other authorization from the department and other agencies;

(g) conformance with maximum group size requirements identified in the department's environmental assessment decision notice and the department's parks division biennial fee rule; and

(h) such other information that the department finds appropriate.

(1) The department shall require payment of fees for commercial use, competitive events, and organized group activities requiring a special recreation permit that occur on, or originate or terminate on lands adjacent to the Blackfoot River that are owned or managed by the department, except as provided in (2).

(2) The department may waive special recreation permit fees on a case-by-case basis for:

(a) noncommercial use for organized group activities that are for educational purposes, accredited academic, scientific, and research institutions, therapeutic, providing a public service, or administrative uses; and

(b) commercial use, competitive events, or organized group activities conducted by individuals or entities entirely on land they own adjacent to the Blackfoot River that is managed by the department and available to the public.

(3) Fees pursuant to this rule shall be established through the department's biennial fee rule process.

(4) The department may adjust the fees as necessary to reflect changes in costs and the market and to ensure consistency with the special recreation permit fees established by the Bureau of Land Management.

(5) The department may charge a fee for recovery of costs associated with significant environmental analysis when processing a permit application.

(6) Applicants must pay the required fees before the department authorizes special recreation permit use and by the deadlines that the department shall establish in each case. The department may not process or continue processing applications until the required fees or installments are paid.

(2) Application fees and minimum annual commercial use fees are not refundable.

(2) The department shall require commercial users, except vendors, to obtain a professional liability insurance policy covering property damage and personal injury that the department judges sufficient to protect the public, the state of Montana, and the federal government.

(3) The department may require insurance for competitive events, vendors or organized group activities if the department determines that the proposed activity may cause appreciable environmental degradation or risk to human safety or health.

(4) The department shall require permittees to report their use of the Blackfoot River and lands adjacent to the Blackfoot River that are owned or managed by the department. The department shall include specific reporting requirements as permit stipulations.

(5) The department may require an applicant to submit a payment bond or other financial guarantee if the department determines that the proposed use, activity or event might cause appreciable environmental degradation or risk to human health and safety.

(a) the permit is in good standing;

(b) the permitted activity is consistent with management plans and policies that apply to the Blackfoot River and lands adjacent to the Blackfoot River that are owned or managed by the department; and

(c) the permittee and his/her affiliates have a satisfactory record of performance.

(2) The department may suspend or cancel a special recreation permit if the permittee violates or fails to comply with a permit stipulation or is convicted of violating a federal or state law or regulation concerning the conservation or protection of natural resources, the environment, endangered species, or antiquities.

(1) A person who has been denied a special recreation use permit or denied renewal of a special recreation permit, or a person whose special recreation permit has been suspended or cancelled may appeal the permitting decision in writing to the director within 30 days of the date of mailing of the notice of the permitting decision. Persons not appealing within 30 days have waived their right to appeal.

(2) The director or the director's designee shall issue a written decision on the appeal. The director's decision is final.

(1) The commission authorizes the department to adopt temporary emergency rules to close public waters or portions thereof to public use as provided in ARM 12.11.6603.

(2) Public use of the water means boating, floating, swimming, fishing, and any other public occupation of the waters.

(3) The commission authorizes the department to reopen public waters closed by temporary emergency rule as provided in ARM 12.11.6603.

(1) The department may, pursuant to ARM 12.11.6601, adopt temporary emergency rules under the following criteria.

(a) The department receives written request for closure of public waters from the interagency fire management team or similar authority that provides the description of where to implement the fire closure.

(b) The department determines that firefighting efforts on or near the water creates imminent peril to the public health, safety, or welfare.

(c) The department determines that dangerous conditions exist on or near the water that creates imminent peril to public health, safety, or welfare.

(2) The department may reopen the waters by repealing a temporary emergency rule when it determines that firefighting efforts or dangerous conditions on or near the water have subsided to the extent that imminent peril to the public health, safety, and welfare no longer exists.

(1) Prior to or simultaneously with the effective date of the closure the department shall:

(a) notify the commission;

(b) post notice of the closure on the agency web site;

(c) post notice of the closure within and near the affected area; and

(d) send press releases regarding the closure to newspapers and media outlets having general distribution in the affected watershed or water body.

(1) All persons recreating on the Madison River must provide the required information in the manner prescribed by the department. Each year, information gathered will be reported to the Madison River Work Group and commission.

(1) Fishing from a boat or vessel is prohibited from the outlet of Quake Lake to Lyons Bridge.

(2) Fishing from a boat or vessel is prohibited from Ennis Bridge to Ennis Reservoir. 

(3) ARM 12.11.6702 will be implemented as a trial program in January 1, 2022 unless adjusted by the work group as prescribed in ARM 12.11.6710.

(4) The commission will review ARM 12.11.6702 in 2023 as prescribed by ARM 12.11.6711.

(1) Fishing outfitters and guides may only operate on the Madison River as long as they have a Madison River Special Recreation Permit and trips allotted them as provided by these rules.

(2) The total number of fishing outfitting and guided trips per individual outfitter and guide is capped at the number of trips reported in 2019 or 2020, whichever is higher.

(3) ARM 12.11.6705 will be implemented upon adoption of:

(a) an allocation method; or

(b) a comprehensive river plan and rule package.

(4) The commission will review ARM 12.11.6705 in 2023 as prescribed by ARM 12.11.6711.

This rule has been repealed.

(1) The commission shall develop the membership of and appoint a Madison River Work Group. The work group will consist of:

(a) three commercial outfitters with a current Madison River Special Recreational Use Permit;

(b) three non-commercial Madison River users;

(c) two individuals with a Madison Valley business interest not connected to commercial outfitting;

(d) one member trained in natural resources management and not currently working for the Department of Fish, Wildlife and Parks;

(e) one representative from the Fish and Wildlife Commission;

(f) one representative from the Bureau of Land Management; and

(g) one at-large member whose selected qualities are largely outside the above descriptions for other work group members.

(2) The members of the working group shall be appointed for three years.

(3) The work group will be staffed by department employees.

(4) The work group may develop recommendations to the commission for approval regarding:

(a) the allocation of commercial use trips to outfitters;

(b) a process to permit new outfitters on the Madison River;

(c) rule language to address all recreational use on the Madison River, including walk/wade sections and rest rotation proposals to replace those in ARM 12.11.6702 and 12.11.6706; and

(d) consequences of permit violations.

(1) The commission shall review:

(a) ARM 12.11.6702, 12.11.6705, and 12.11.6706 in 2023; and

(b) the rules governing recreational use on the Madison River every five years beginning in 2024.

(1) Any department acquisition for a fishing access site below Greycliff Fishing Access Site made after January 2, 2021, will be designated as carry-in only without boat ramp development.