BEFORE THE FISH, WILDLIFE AND PARKS COMMISSION
OF THE STATE OF MONTANA

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TO: All Concerned Persons

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1. On March 27, 2008, the Fish, Wildlife and Parks Commission (commission) adopted a temporary emergency rule closing the Smith River from Camp Baker to Eden Bridge, published at page 626 of the 2008 Montana Administrative Register, Issue No. 7. There was intermittent ice on the Smith River that caused the river to be impassible to recreationists. Within the rule, the commission delegated its authority to the Department of Fish, Wildlife and Parks to determine, in consultation with the commissioner in the region, when the Smith River was again safe for public use.

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2. Since warmer weather has melted the intermittent ice, MAR Notice No. 12-343 is no longer necessary. 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. 8 of the 2008 Montana Administrative Register.

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3. The repeal of the temporary emergency rule is effective April 14, 2008.

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

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Certified to the Secretary of State April 14, 2008.