BEFORE THE DEPARTMENT OF FISH, WILDLIFE AND PARKS

OF THE STATE OF MONTANA

 

In the matter of the adoption of a temporary emergency rule closing the Belt Creek within Sluice Boxes State Park from Logging Creek Bridge to Riceville Bridge Parking Area in Cascade County

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NOTICE OF REPEAL OF A TEMPORARY EMERGENCY RULE

 

TO:  All Concerned Persons

 

1.         On May 27, 2010 the Department of Fish, Wildlife and Parks (department) adopted a temporary emergency rule closing Belt Creek within Sluice Boxes State Park from Logging Creek Bridge to Riceville Bridge Parking Area in Cascade County, published at page 1290 of the 2010 Montana Administrative Register, Issue No. 10.  Belt Creek was closed due to a log jam that created an obstruction in a narrow, steep-walled section of a canyon that caused the creek to be impassable by recreationists.  This situation constituted an imminent peril to the public health, safety, and welfare of anyone recreating on the creek.

 

            2.         As conditions have substantially changed and public safety is no longer an issue, the temporary emergency rule closing Belt Creek within Sluice Boxes State Park from Logging Creek Bridge to Riceville Bridge Parking Area in Cascade County, MAR Notice No. 12-363, is no longer necessary.  As this situation no longer constitutes an imminent peril to public health, safety, and welfare, the department is repealing the rule.  The repeal of the rule will be sent as a press release to newspapers throughout the state.  Also, signs informing the public of the closure will be removed at access points.  The repeal notice will be sent to interested parties, and published in Issue No. 16 of the 2010 Montana Administrative Register.

 

            3.         The repeal of the temporary emergency rule is effective August 6, 2010.

 

            4.         The bill sponsor notice requirements of 2-4-302, MCA, do not apply.

 

/s/ Robert N. Lane Robert N. Lane Fish, Wildlife and Parks

/s/ William A. Schenk William A. Schenk Rule Reviewer

 

Certified to the Secretary of State August 6, 2010.