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The Fish, Wildlife and Parks Commission (commission) has determined the following reasons justify the adoption of a temporary emergency rule: (a) A state engineer inspected a dam on Alder Creek upstream of the Vigilante Kids' Fishing Pond and picnic area on May 21, 2009 and determined that the dam is in a "state of imminent failure". (b) A combination of factors including runoff from above average snow pack, a small stream flooding advisory that is in effect, and the lack of an existing spill way around the dam could make water levels rise rapidly and make the area below the dam unsafe for public use. (c) Vigilante Kids' Fishing Pond is designated as a children's fishing water and is open only to anglers 14 years of age and younger. Due to the flood danger, possible rapid increase of the water level and the age of the anglers allowed to fish in the pond, 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 commission adopts the following temporary 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 a temporary emergency rule in Issue No. 11 of the 2009 Montana Administrative Register.
(ARM Rules - 05/28/2009)

The commission will hold three public hearings regarding the proposed changes on June 18 in Missoula, June 22 in Great Falls, and June 25 in Billings. Falconry has been regulated by both the United States Fish and Wildlife Service (service) and the commission since the 1970s. The service published new federal regulations in October 2008 eliminating the requirement of the federal permit to practice falconry and adding a provision allowing the service to approve and certify falconry regulations adopted by the states. Montana is proposing the amendment, adoption, and repeal of the above-stated rules to comply with the new federal regulations and to allow certification of Montana's falconry program.
(ARM Rules - 05/28/2009)

A public hearing on the notice of proposed amendment of the above-stated rule was held on February 19, 2009. The commission has not adopted the amendment.
(ARM Rules - 05/28/2009)

The Fish, Wildlife and Parks Commission (commission) has determined the following reasons justify the adoption of a temporary emergency rule: (a) A log jam has created an obstruction in a narrow, steep-walled section of a canyon that has caused the river to be impassable by recreationists. (b) Persons recreating on the river in this condition would be subjected to: (i) collisions with the log jam; (ii) becoming stranded and having to hike out of steep canyon areas; or (iii) drowning. (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 commission adopts the following temporary 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 a temporary emergency rule in Issue No. 11 of the 2009 Montana Administrative Register.
(ARM Rules - 05/28/2009)

The Sterling Ranch has historically allowed public access for anglers through their property. FWP proposes to develop two of the more heavily impacted access points on the Missouri river into Fishing Access Sites (FAS). These two sites are commonly referred to as Lone Tree and the Bull Pasture. Development at the proposed Lone Tree FAS would include installing a vault latrine, a regulation sign, improving the trail or adding stairs down to the river, and improving the parking area. Development at the proposed Bull Pasture FAS would include improving the gravel entrance road, reclaiming existing roads and approaches at the site, constructing a parking area, installing a vault latrine, a regulation sign, and construction of a new fence with a gate and pedestrian passthrough.
(Decision Notices - 05/26/2009)



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