12.11.401    RIVER RECREATION USE: DEFINITIONS

(1) "Allocation" means distributing limited use opportunities when a rationing system is in place.

(2) "Fixed allocation" means members of a rationed user group or groups do not compete equally for limited opportunities to use a river.

(3) "Management plan" means a plan developed using the processes described in this subchapter for management of recreational use on a river or group of rivers.

(4) "Non-fixed allocation" means 100% of the available use opportunity is allocated to individual river users or parties of river users and not to river service providers.

(5) "Ration" means to regulate use intensity by limiting the amount of use on a river. Rationing requires users to obtain a permit to recreate on a river or requires river service providers to obtain authorization to conduct business on a river. Limitation on the use of a river may apply to one or more user groups and may not necessarily apply to all user groups. To qualify as a rationing strategy, the supply of permits or the amount of authorized use by river service providers must be limited.

(6) "Restrict" means to regulate when and where the public or river service providers can recreate on a river, or the types of recreation that are allowed.

(7) "River service provider" means a business or person that, for monetary or other consideration, provides services on publicly accessible rivers in Montana. This includes angling outfitters licensed by the state of Montana and non-angling river service providers that are not licensed by the state of Montana.

(8) "River user" is someone who uses a river and is not acting as a river service provider.

(9) "River use day" is equivalent to one person recreating on a river for all or part of one day.

(10) "Rule" or "rules" mean regulations pertaining to river recreation adopted through the Montana Administrative Procedure Act (MAPA) .

History: 87-1-301, 87-1-303, MCA; IMP, 87-1-201, 87-1-301, 87-1-303, MCA; NEW, 2004 MAR p. 2718, Eff. 11/5/04.