BEFORE THE FISH, WILDLIFE AND PARKS COMMISSION

OF THE STATE OF MONTANA

 

In the matter of the repeal of a temporary emergency rule closing the Smith River from Camp Baker to Eden Bridge

) ) )

NOTICE OF REPEAL OF A TEMPORARY EMERGENCY RULE

 

TO:  All Concerned Persons

 

            1.         On May 23, 2011, the Fish, Wildlife and Parks Commission (commission) adopted a temporary emergency rule closing the Smith River, published at page 1029 of the 2011 Montana Administrative Register, Issue No. 11.  Due to high run off in tributaries, large quantities of logs and uprooted trees were floating down the river.  On May 21, two expert river rangers patrolling the river reported that a large log swept down on them from behind and created a hazardous condition by nearly pinning them against the cliff.

 

            2.         The large debris flowing down the river has decreased and the situation no longer constitutes an imminent peril to public health, safety, and welfare.  The commission is repealing the rule however; the public is encouraged to exercise caution when floating the Smith River because water flows are still high.  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. 11 of the 2011 Montana Administrative Register.

 

            3.         The repeal of the temporary emergency rule is effective June 1, 2011.

 

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

 

 

 

/s/ Art Noonan Art Noonan, Acting Secretary Fish, Wildlife and Parks Commission

/s/ William A. Schenk William A. Schenk Rule Reviewer

 

Certified to the Secretary of State June 1, 2011.