12.11.410    RIVER RECREATION MANAGEMENT PLANS AND RULES GENERALLY

(1) The highest priority of a management plan is providing protection for the following resources:

(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.

History: 87-1-301, 87-1-303, MCA; IMP, 87-1-201, 87-1-301, 87-1-303, MCA; NEW, 2004 MAR p. 2718, Eff. 11/5/04.