BEFORE THE FISH AND WILDLIFE COMMISSION

OF THE STATE OF MONTANA

 

In the matter of the amendment of ARM 12.11.6302 and 12.11.6306 pertaining to recreational use on the Bitterroot River

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NOTICE OF AMENDMENT

 

TO: All Concerned Persons

 

1. On February 22, 2019, the Fish and Wildlife Commission (commission) published MAR Notice No. 12-508 pertaining to the public hearing on the proposed amendment of the above-stated rules at page 193 of the 2019 Montana Administrative Register, Issue Number 4.

 

2. The commission has amended ARM 12.11.6302 and 12.11.6306 as proposed.

 

3. The commission has thoroughly considered the comments and testimony received. A summary of the comments and the commission's responses are as follows:

 

Comment 1:  The commission received multiple comments in support of the rule language as proposed.

 

Response 1:  The commission appreciates the participation and support in the rulemaking process.

 

Comment 2:  The commission received multiple comments opposing the rule amendments because they believe this will increase the total number of commercial boats on the river.

 

Response 2: The commission amended ARM 12.11.6302 to change "floats" to "launches" due to feedback received from commercial users on the Bitterroot in response to the rules adopted in 2017. The commission does not foresee this amendment increasing the number of commercial boats on the river. The number of Bitterroot River Commercial Use Permits issued is not increasing and commercial users are still restricted to two boats per section per day. The amendment from "float" to "launch" provides clarification that a permit holder may stop during a float and continue downstream without it being considered a second float. The department will continue to monitor the use of the river and report to the commission any concerns that may arise.

 

Comment 3:  The commission received multiple comments opposing the amendments because the river and fishery are overused.

 

Response 3: The commission adopted the rules establishing the Bitterroot River Commercial Use Permit in 2018 to address concerns about congestion of the river and social conflicts between river users and were based on the recommendations of a citizen advisory council.  The commission does not foresee this amendment increasing the use on the river or impact to the fishery. The department will continue to monitor the use of the river and the fishery and report to the commission any concerns that may arise.

 

Comment 4:  The commission received a few comments opposing the rules because they unfairly target outfitters.

 

Response 4:  The commission adopted the rules establishing the Bitterroot River Commercial Use Permit in 2018 to address concerns about congestion of the river and social conflicts between river users and were based on the recommendations of a citizen advisory council. The commission recognizes that the public prefers to recreate on rivers without controls on their recreational experience; however the commission also seeks to provide a full variety of quality recreation for a diverse public and has identified a need for management intervention to maintain the quality of the recreational experience on the Bitterroot River for all user groups. The rules do apply to commercial operators in order to address the problem of overcrowding and displacement due to high commercial use in this portion of the Bitterroot River as identified by surveys and data collection by the department.

            In response to the permit holders, these amendments relax the restrictions placed on the permit holders by providing a time frame from June 1 to September 15 for the launch restrictions per section of the river instead of the restriction being year-round.

 

Comment 5:  The commission received a few comments stating that the rule amendments will negatively affect the threatened habitat of the West Fork.

 

Response 5:  The department will be continually monitoring the use and conditions of the river and report to the commission any concerns that may arise.

 

Comment 6:  The commission received a few comments against the rules because they do not consider historical use.

 

Response 6:  The commission adopted rules restricting the use of the upper Bitterroot River and West Fork of the Bitterroot River based on historic use of the river using outfitter logs instead of allocating specific number of days.

 

Comment 7:  The commission received multiple comments opposing the rules and offering different management strategies.

 

Response 7:  The commission is not considering alternative plans at this time and will be reviewing the rules governing recreational use on the Bitterroot River every five years starting in 2022.

 

Comment 8:  The commission received some comments opposing the rules because they will move the crowding around, not solve it.

 

Response 8:  The department will be continually monitoring the use and conditions of the river and report to the commission any concerns that may arise and the commission will be reviewing the rules governing recreational use on the Bitterroot River every five years starting in 2022.

 

Comment 9:  The commission received a few comments opposing the rules because they feel the social conflicts will increase.

 

Response 9:  The department will be continually monitoring the use and conditions of the river and report to the commission any concerns that may arise, and the commission will be reviewing the rules governing recreational use on the Bitterroot River every five years starting in 2022.

 

Comment 10:  The commission received a few comments opposing the rules because there is not enough data.

 

Response 10:  Prior to the adoption of these rules in 2018, the department conducted multiple surveys indicating that users identified crowding due to commercial use as a problem on the Upper and West Fork of the Bitterroot River displacing local users and noncommercial users from the river. The department will be continually monitoring the use and conditions of the river and report to the commission any concerns that may arise, and the commission will be reviewing the rules governing recreational use on the Bitterroot River every five years starting in 2022.

 

Comment 11: The commission received a few comments opposed to the rules because they do not help wade anglers.

 

Response 11:  ARM 12.11.610 prohibits all users from floating between Painted Rocks Forest Service Site and Applebury Forest Service Site on Fridays providing a wade angling section one day a week. This was a compromise made during the CAC meetings in 2017. 

 

 

/s/ Rebecca Dockter                                                /s/ Richard Stuker

Rebecca Dockter                                                     Richard Stuker

Rule Reviewer                                                          Vice-Chair

Department of Fish, Wildlife and Parks                    Fish and Wildlife Commission

           

Certified to the Secretary of State May 28, 2019.