BEFORE THE FISH, WILDLIFE AND PARKS COMMISSION

                                                OF THE STATE OF MONTANA

 

In the matter of the repeal of an amended temporary emergency rule that closed the west channel of the Yellowstone River at Livingston, Montana

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NOTICE OF REPEAL OF AN AMENDED TEMPORARY EMERGENCY RULE

TO: All Concerned Persons

 

         1. On June 20, 2008, the Fish, Wildlife and Parks Commission (commission) adopted a temporary emergency rule closing the Yellowstone River between Carters Bridge and Highway 89 North Bridge to all recreational use of the river, published at page 1456 of the 2008 Montana Administrative Register, Issue No. 13. On July 10, 2008, the commission amended the temporary emergency rule to modify the closure to prohibit boating, floating, and swimming in the west channel of the Yellowstone River between Siebeck Island and the confluence of the east and west channels of the Yellowstone River near the Civic Center in Livingston, Montana, published at page 1584 of the 2008 Montana Administrative Register, Issue No. 14. Within the amended temporary emergency rule, the commission delegated its authority to the Department of Fish, Wildlife, and Parks (department) to determine when the closed portion of the river is again safe for boating, floating, and swimming and to rescind the amended temporary emergency closure.

 

            2. Park County officials have informed the department that the debris that created the need for the closure of the river has been removed from the 9th Street Island Bridge. The department, in consultation with Commissioner Dan Vermillion, agrees that the closed portion of the river is again safe for public use. As this situation no longer constitutes an imminent peril to public health, safety, and welfare, the commission is repealing the rule. The repeal of the rule will be sent as a press release to newspapers throughout the state. Also, signs informing the public of the closure will be removed at access points. The repeal notice will be sent to interested parties, and published in Issue No. 17 of the 2008 Montana Administrative Register.

 

            3. The repeal of the temporary emergency rule is effective August 29, 2008, at 12:00 midnight.

 

            4. The bill sponsor notice requirements of 2-4-302, MCA, do not apply.

 

/s/ Susan W. Daly_ Susan W. Daly Acting Director, Department of Fish, Wildlife and Parks Acting Secretary, Fish, Wildlife and Parks Commission

/s/ Robert N. Lane Robert N. Lane Rule Reviewer

 

Certified to the Secretary of State August 29, 2008.