BEFORE THE FISH AND WILDLIFE COMMISSION
OF THE STATE OF MONTANA
In the matter of the amendment of ARM 12.11.630 pertaining to wake restrictions near Broadwater Bay of the Missouri River
NOTICE OF PROPOSED AMENDMENT
NO PUBLIC HEARING CONTEMPLATED
TO: All Concerned Persons
1. On June15, 2018, the Fish and Wildlife Commission proposes to amend the above-stated rule.
2. The commission will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than May 25, 2018, to advise us of the nature of the accommodation that you need. Please contact Jessica Snyder, Department of Fish, Wildlife and Parks, P.O. Box 200701, Helena, Montana, 59620-0701; telephone (406) 444-9785; or e-mail firstname.lastname@example.org.
3. The rule as proposed to be amended provides as follows, new matter underlined, deleted matter interlined:
12.11.630 MISSOURI RIVER (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 following areas of the Missouri River are closed to use of any motor-propelled watercraft:
(a) in Cascade County;
(i) is closed to the use of motorized watercraft that portion of the Missouri River from the Burlington Northern Railway Bridge No. 119.4 at Broadwater Bay in Great Falls to Black Eagle; and
(ii) that portion of the Missouri River from the Warden Bridge on 10th Avenue South in Great Falls to the floater take-out facility constructed near Oddfellows Park at Broadwater Bay as posted.
(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.
23-1-106, 87-1-303, MCA
23-1-106, 87-1-303, MCA
REASON: The commission originally proposed this rule amendment on November 9, 2017, as MAR Notice No. 12-478 at page 1993 of the 2017 Montana Administrative Register, Issue Number 21. The commission approved adopting the language at their meeting on April 19, 2018. However, the adoption notice could not be published within the six months required by 2-4-305(7), MCA. The commission is now publishing the proposed amendment to comply with the requirements of the Montana Administrative Procedure Act.
The language is the same as it was when it was proposed in November and all comments received during that rulemaking process will be considered for this rule proposal. A hearing was held on December 5, 2017, when the amendment was first proposed, and testimony received at that hearing will be considered for this rule proposal.
As published in the original proposal notice, the following is the reason for the proposed amendment. On November 10, 1983, the commission proposed restricting motorized use on the Missouri River from the Warden Bridge on 10th Avenue to Oddfellows Park at Broadwater Bay to, "preclude the use of motor boats in an area that is designed to facilitate floaters who do not use motors." Also, at that time, the department anticipated "that the use of motors at an area designated for floaters would create a hazardous situation." Historically, the department has not designated or posted this area for nonmotorized or float use only.
The commission is proposing to amend the rule to remove the obsolete language regarding no motorized use and establish a seasonal 200 foot no wake zone on the western shoreline between the Warden Bridge and the Burlington Norther Railway Bridge No. 119.4 to protect private and public property and has not posted this area of the Missouri River as such making ARM 12.11.630(2)(a)(ii) obsolete and unnecessary. The department coordinated with the City of Great Falls and landowners on the shoreline to develop the rule language proposed by the commission.
4. Concerned persons may submit their data, views, or arguments concerning the proposed action in writing to: Broadwater Bay Wake Zone, Department of Fish, Wildlife and Parks, 1600 Giant Springs Road, Great Falls, MT, 59405; or e-mail email@example.com, and must be received no later than June 8, 2018.
5. If persons who are directly affected by the proposed action wish to express their data, views, or arguments orally or in writing at a public hearing, they must make written request for a hearing and submit this request along with any written comments to Gary Bertellotti at the above address no later than 5:00 p.m., June 8, 2018.
6. If the agency receives requests for a public hearing on the proposed action from either 10 percent or 25, whichever is less, of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected, a hearing will be held at a later date. Notice of the hearing will be published in the Montana Administrative Register. Ten percent of those directly affected has been determined to be 6000 persons based on approximate population of Great Falls and the surrounding area.
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, 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 2-4-111, MCA, the department has determined that the amendment of the above-referenced rule will not significantly and directly impact small businesses.
/s/ Aimee Hawkaluk /s/ Dan Vermillion
Aimee Hawkaluk Dan Vermillion
Rule Reviewer Chair
Department of Fish, Wildlife and Parks Fish and Wildlife Commission
Certified to the Secretary of State May 1, 2018.