BEFORE THE FISH, WILDLIFE AND PARKS COMMISSION

OF THE STATE OF MONTANA

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In the matter of the adoption of New Rules I through III delegating commission authority to close public waters to the department in the event of a fire emergency

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� � NOTICE OF ADOPTION

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TO: All Concerned Persons

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1. On March 27, 2008, the Fish, Wildlife and Parks Commission (commission) published MAR Notice No. 12-342 on the proposed adoption of the above-stated rules at page 520 of the 2008 Montana Administrative Register, Issue No. 6.

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2. The commission has adopted New Rules I through III as proposed but with following changes from the original proposal, matter to be stricken interlined, new matter underlined:

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NEW RULE I (12.11.6601) DEPARTMENT'S AUTHORITY TO CLOSE PUBLIC WATERS DUE TO FIRE EMERGENCY (1) through (3) remain as proposed.

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AUTH: 87-1-301 87-1-303, MCA

IMP: 2-4-303, 87-1-301 87-1-303, MCA

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NEW RULE II (12.11.6603) FIRE CLOSURE CRITERIA (1) through (2) remain as proposed.

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AUTH: 87-1-301 87-1-303, MCA

IMP: 2-4-303, 87-1-301 87-1-303, MCA

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NEW RULE III (12.11.6605) NOTIFICATION OF FIRE CLOSURE AREAS (1) remains as proposed.

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AUTH: 87-1-301 87-1-303, MCA

IMP: 2-4-303, 87-1-301 87-1-303, MCA

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3. The commission received comments from four individuals regarding the proposed adoption.

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Comment 1: The commission received two comments in support of the new rules for safety reasons and the prevention of delay to respond to fires.

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Response 1: The commission appreciates the comments and support.

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Comment 2: One person was concerned that the rules would affect private ponds and reservoirs.

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Response 2: These rules would only apply to public waters and not private ponds or reservoirs.

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Comment 3: One person stated that the areas that rely on water for business such as guides, raft companies, and tours should not have the additional burden of closed bodies of water.

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Response 3: The commission acknowledges the burden placed on businesses and individuals when a body of water is closed for recreation and attempts to minimize that burden while responding to very serious safety concerns. The commission has historically closed a body of water to recreational use because of safety concerns and at the request of the incident commander of the specific fire. The commission has amended emergency closures to allow for more public use when possible and has repealed the emergency rules as soon as the safety concerns are eliminated.

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Comment 4: One person stated concerns about agricultural interests not having access to the water.

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Response 4: These rules will only apply to recreational use of waters and will not restrict any permitted agricultural use.

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Comment 5: One person stated these rules were being established to limit public access rights.

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Response 5: Montana Code Annotated 87-1-303 states the commission has the authority to adopt and enforce rules governing recreational uses of all public reservoirs, lakes, and streams that are legally accessible to the public and may be adopted in the interest of public health, safety, and welfare. New Rules I through III are delegating this statutory authority to the department assuring that the public safety will be provided for and firefighting efforts will be expedited when a fire emergency occurs. The department and commission are very protective of public access and will only affect public access when the balance of public safety outweighs the interest in public access.

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/s/ M. Jeff Hagener M. Jeff Hagener Secretary Fish, Wildlife and Parks Commission

/s/ Rebecca Jakes Dockter Rebecca Jakes Dockter Rule Reviewer Department of Fish, Wildlife and Parks

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Certified to the Secretary of State June 16, 2008