BEFORE THE Department of FISH, WILDLIFE AND PARKS

OF THE STATE OF MONTANA

 

In the matter of the repeal of an emergency rule closing the Fairweather Fishing Access Site in Gallatin County

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NOTICE OF REPEAL OF EMERGENCY RULE

 

            TO: All Concerned Persons

 

1. On January 5, 2024, the Department of Fish, Wildlife and Parks (department) adopted an emergency rule closing the Fairweather Fishing Access Site, in Gallatin County, to all public occupation and recreation in MAR Notice No. 12-619, published at page 78 of the 2024 Montana Administrative Register, Issue Number 1.  The emergency rule was adopted because of ice jams on the Missouri River causing water to channel and flood multiple portions of the Fairweather Fishing Access Site causing dangerous conditions to persons recreating and fishing.

 

2. The rule was to be in place until the department determined the Fairweather Fishing Access Site was again safe for occupation and recreation.  Given that the ice jams on the Missouri River have dispersed and that the Fairweather Fishing Access Site no longer poses a danger to the public, the department is repealing RULE I FAIRWEATHER FISHING ACCESS SITE EMERGENCY CLOSURE.

 

3. The repeal of RULE I is effective March 13, 2024, when this rule notice is filed with the Secretary of State.

 

4. The repeal of the emergency rule will be sent as a press release to newspapers throughout the state and posted on the department's website at fwp.mt.gov.  Moreover, signs informing the public of the closure will be removed at access points.  

 

            5. The special notice requirement of 2-4-303, MCA, has been met. All committee members of the Environmental Quality Council, with addresses provided on the Montana Legislature's website (leg.mt.gov), were contacted by email on March 13, 2024.  Lastly, the emergency rule repeal notice will be sent to interested parties and published in Issue Number 6 of the 2024 Montana Administrative Register.

 

 

/s/ Sarah M. Clerget Sarah M. Clerget Chief Legal Counsel Department of Fish, Wildlife and Parks

/s/ Kevin Rechkoff Kevin Rechkoff Rule Reviewer

Certified to the Secretary of State March 13, 2024.