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

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NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On May 11, 2018, the Fish and Wildlife Commission (commission) published MAR Notice No. 12-485 pertaining to the proposed amendment of the above-stated rule at page 917 of the 2018 Montana Administrative Register, Issue Number 9. 

 

2. The commission has amended ARM 12.11.630 as proposed.

 

3. The commission has thoroughly considered the comments and testimony received. A summary of the comments received and the commission's responses are as follows:

 

Comment 1: The commission received many comments in general support and in general opposition to the rule amendment.

 

Response 1: The commission appreciates the interest and participation in this rulemaking process.

 

Comment 2: The commission received multiple comments opposed to the amendments because they felt channeling the motorized vessels to one side of the river would make congestion worse.

 

Response 2: The amendments are not restricting motorized access. Motorized boats are still able to be on the river but must operate at a no wake speed within the newly designated no wake zone. Also, a portion of the no wake zone is shallow and traditionally does not accommodate motorized boat use. Therefore, the commission does not foresee this amendment creating an increase in congestion of boats.

 

Comment 3: The commission received multiple comments stating this amendment was unnecessary because it is not just wakes that cause erosion and this amendment will not prevent erosion to the concerned landowners’ property.

 

Response 3: This portion of the river is used by multiple users and the original rule was adopted in 1983 to address multiple use. The commission adopted the no wake zone to address the multiple use without eliminating motorized use as the original use intended.

 

Comment 4: The commission received a few comments mistakenly believing that the no wake zone extended to the Sun River and other areas of the Missouri River.

 

Response 4: For clarification, the no wake zone established in ARM 12.11.630, is 200 feet from the western shore from the Warden Bridge on 10th Avenue to the Burlington Northern Railway Bridge No. 119.4 and is only in effect from May 1 to September 30.

 

/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 June 26, 2018.