BEFORE THE fish and wildlife commission

OF THE STATE OF MONTANA

 

In the matter of the adoption of NEW RULE I pertaining to recreational use on the Boulder River

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NOTICE OF ADOPTION

 

TO: All Concerned Persons

 

1. On July 8, 2022, the Fish and Wildlife Commission (commission) published MAR Notice No. 12-587 pertaining to the public hearing on the proposed adoption of the above-stated rule at page 1139 of the 2022 Montana Administrative Register, Issue Number 13.

 

2. The commission has adopted New Rule I (12.11.619) 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 one comment in support of the proposed rule.

 

RESPONSE #1: The commission appreciates the participation and support in this rulemaking process.

 

COMMENT #2:  The commission received one comment in opposition to the proposed rule stating it restricts recreational use to one set of recreationists and that the commission needs to work with all recreational users when developing recreational plans.

 

RESPONSE #2: The commission appointed a working group comprised of members which represented multiple recreational perspectives.  The work group developed and recommended rule language to the commission.  The commission proposed the language for public comment and has adopted it.

 

COMMENT #3: The commission received one comment concerned about trash in the river due to more people coming to the Boulder River to recreate.

 

RESPONSE #3: The commission cannot determine whether this rule will affect the amount of recreation on the Boulder River. Section 75-10-212, MCA states that it is "unlawful to dump or leave any garbage, dead animal, or other debris or refuse," and anybody caught doing so may be charged with a misdemeanor.   

 

/s/ Zach Zipfel                                              /s/ Lesley Robinson

Zach Zipfel                                                   Lesley Robinson

Rule Reviewer                                             Chair

                                                                     Fish and Wildlife Commission

           

Certified to the Secretary of State September 13, 2022.