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 Rosebud Battlefield State Park in Bighorn County

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NOTICE OF ADOPTION OF A TEMPORARY EMERGENCY RULE

 

TO: All Concerned Persons

 

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

            (a)       A wildfire is burning within the Rosebud Battlefield State Park.

            (b)       The department has determined the closure is necessary because current weather conditions are causing erratic fire behavior. Fire suppression efforts include engines on the ground.

            (c)        Recreationists within the Rosebud Battlefield State Park are at risk of personal injury due to collisions with large equipment on the roads, smoldering snags, unstable burnt trees, hot ashes, or even death due to the conditions created by this spreading wildfire.

(d)       Therefore, as this situation constitutes an imminent peril to public health, safety, and welfare, and this threat cannot be averted or remedied by any other administrative act, the department adopts the following temporary emergency rule. The emergency rule will be sent as a press release to newspapers throughout the state. Also, signs informing the public of the closure will be posted at access points. The rule will be sent to interested parties, and published as a temporary emergency rule in Issue No. 17 of the 2013 Montana Administrative Register.

 

            2.         The department will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of the notice. If you require an accommodation, contact the department no later than 5:00 p.m. on September 20, 2013, to advise us of the nature of the accommodation that you need. Please contact Jessica Snyder, Fish, Wildlife and Parks, 1420 East Sixth Avenue, P.O. Box 200701, Helena, MT 59620-0701; telephone (406) 444-9785; fax (406) 444-7456; or e-mail jesssnyder@mt.gov.

 

            3.         The temporary emergency rule is effective August 27, 2013, when this rule notice is filed with the Secretary of State.

 

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

 

            RULE I ROSEBUD BATTLEFIELD STATE PARK TEMPORARY EMERGENCY CLOSURE 

            (1) The Rosebud Battlefield State Park is located in Bighorn County.

            (2) The Rosebud Battlefield State Park is closed in its entirety to all public occupation.

            (3) This rule is effective as long as the fire is burning within Rosebud Battlefield State Park.

 

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

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

 

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

 

6.         Concerned persons are encouraged to submit their comments to the department. They should submit their comments along with their names and addresses to Jessica Snyder, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, MT 59720; fax (406) 444-7456; or e-mail jesssnyder@mt.gov. Any comments must be received no later than October 11, 2013.

 

7.         The department maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by the department or commission. Persons who wish to have their name added to the list shall make written request that includes the name and mailing address of the person to receive the notice and specifies the subject or subjects about which the person wishes to receive notice. Such written request may be mailed or delivered to Fish, Wildlife and Parks, Legal Unit, P.O. Box 200701, 1420 East Sixth Avenue, Helena, MT 59620-0701, faxed to the office at (406) 444-7456, or may be made by completing the request form at any rules hearing held by the department.

 

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

 

9.        With regard to the requirements of Chapter 318, Section 1, Laws of 2013, the department has determined that the adoption of the above-referenced temporary emergency closure will not significantly and directly impact small businesses.

 

 

/s/ Mike Volesky Mike Volesky Deputy Director Department of Fish, Wildlife and Parks

/s/ Zach Zipfel Rule Reviewer

 

Certified to the Secretary of State August 27, 2013.