Administrative Rules of the State of Montana

BEFORE THE fish and wildlife commission

OF THE STATE OF MONTANA

In the matter of the amendment of ARM 12.11.501 and the adoption of NEW RULE I pertaining to the Madison River

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NOTICE OF DECISION ON PROPOSED AMENDMENT AND ADOPTION

TO: All Concerned Persons

1. On January 20, 2017, the Fish and Wildlife Commission (commission) published MAR Notice No. 12-469 pertaining to the public hearing on the proposed amendment and adoption of the above-stated rules at page 121 of the 2017 Montana Administrative Register, Issue Number 2.

2. A public hearing on the notice of proposed adoption and amendment of the above-stated rules was held on February 15, 2017.

3. The commission did not adopt or amend the above-stated rules as proposed. The commission received over 100 comments on the proposed no wake zone, with the majority in opposition. Most of the comments in opposition stated that the proposed no wake zone from the Ennis Lake Bridge to the Madison Dam would impact their recreational use on the lake, stating that it is the only place on the lake to escape the high winds and still enjoy sports that require higher speeds, such as surfing and skiing. Many comments in opposition stated they would support an alternative or a compromise, such as a no wake zone around the bridge or a no wake zone at certain times of the day. The commission has decided to not adopt the proposed no wake zone as proposed and instead instructs the department to do further evaluation and study of the area to see if a compromise or alternative would be more appropriate, and to report back to the commission with their findings at a later commission meeting.

/s/ Zach Zipfel /s/ Dan Vermillion

Zach Zipfel Dan Vermillion

Rule Reviewer Chair

Fish and Wildlife Commission

Certified to the Secretary of State May 15, 2017.