BEFORE THE Department of FISH, WILDLIFE AND PARKS

OF THE STATE OF MONTANA

 

In the matter of the adoption of an emergency rule closing Cooney State Park in Carbon County

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NOTICE OF ADOPTION OF AN EMERGENCY RULE

 

            TO: All Concerned Persons

 

1. The Department of Fish, Wildlife and Parks (department) has determined the following reasons justify the adoption of an emergency rule:

(a)       The dangerous conditions include high water levels which have flooded portions of Cooney State Park including roadways, campsites, parking areas, and boat launches. In several flooded areas, electric utility poles are in standing water.       

(b)       Persons recreating in the flooded portions of the site are at risk of:

(i)         injury or drowning due to unexpected changes to topography obscured by flood waters, electrocution, and possible exposure to contaminated waters from flooded latrines.

(c)        Therefore, as this situation constitutes an imminent peril to public health, safety, and welfare, and this threat cannot be averted or remedied by any other administrative act, the department adopts the following emergency rule. The emergency rule will be sent as a press release to newspapers throughout the state. Also, signs informing the public of the closure will be posted at access points. The rule will be sent to interested parties and published as an emergency rule in Issue No. 11 of the 2019 Montana Administrative Register.

 

2. The department will make reasonable accommodations for persons with disabilities who wish to participate in the rulemaking process and need an alternative accessible format of the notice. If you require an accommodation, contact the department no later than 5:00 p.m. on June 21, 2019, to advise us of the nature of the accommodation that you need. Please contact Kaedy Gangstad, Fish, Wildlife and Parks, 1420 East Sixth Avenue, P.O. Box 200701, Helena, MT 59620-0701; telephone (406) 444-4594; or e-mail [email protected].

 

3. The emergency rule is effective May 28, 2019, when this rule notice is filed with the Secretary of State.

 

4. The text of the emergency rule provides as follows:

 

            NEW RULE I  COONEY STATE PARK EMERGENCY CLOSURE  

            (1) Cooney State Park is located in Carbon County.

            (2) Cooney State Park is closed to all public occupation and recreation as signed.

            (3) This rule is effective as long as water is flooding the park.

            (4) This rule will expire as soon as the department determines the park is again safe for occupation and recreation. This will depend on the extent and duration of the flooding in the area. Signs closing the state park will be removed when the rule is no longer effective.

 

            AUTH: 2-4-303, 23-1-106, MCA

            IMP: 2-4-303, 23-1-106, MCA

 

            5. The rationale for the emergency rule is as set forth in paragraph 1.

 

6. Concerned persons are encouraged to submit their comments to the department. Please submit comments along with names and addresses to: Elizabeth LaBroad, Department of Fish, Wildlife and Parks, 1400 S. 19th Avenue, Bozeman, MT, 59718; or e-mail [email protected].  Any comments must be received no later than July 5, 2019.

 

7. The department maintains a list of interested persons who wish to receive notice of rulemaking actions proposed by the department or commission. Persons who wish to have their name added to the list shall make written request that includes the name and mailing address of the person to receive the notice and specifies the subject or subjects about which the person wishes to receive notice. Such written request may be mailed or delivered to Fish, Wildlife and Parks, Legal Unit, P.O. Box 200701, 1420 East Sixth Avenue, Helena, MT 59620-0701, faxed to the office at (406) 444-7456, or may be made by completing the request form at any rules hearing held by the department.

 

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

 

 

/s/ Martha Williams Martha Williams Director Department of Fish, Wildlife and Parks

/s/ Zach Zipfel Zach Zipfel Rule Reviewer

 

Certified to the Secretary of State May 28, 2019.