reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.16 - Wildlife Habitat Noxious Weed Grant Program › Rule 12.9.1602 - ELIGIBLE EXPENDITURES

Current through Register Vol. 13, July 5, 2024
(1) Expenditures of
				grant and required non-federal matching funds may be used for biological or
				mechanical control of noxious weeds, purchases and application of approved
				herbicides, seed purchases and application of seed, other weed and soil
				treatment options and methods recommended by the advisory council to reduce
				noxious weeds and support native vegetation, and grazing costs as a component
				of an overall integrated noxious weed management plan, which includes the
				following:
(a) specified goods limited to
				herbicides and additives, biological control agents, or materials required for
				restoration, reseeding, or prescribed grazing management; and
(b) specified services limited to herbicide
				application; biocontrol agent release; seedbed preparation, seeding, and
				seedling maintenance; and installation of prescribed grazing infrastructure;
				and
(c) vegetation monitoring,
				grant administration, and related administrative costs not to exceed 10% of the
				total project amount.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.16 - Wildlife Habitat Noxious Weed Grant Program › Rule 12.9.1603 - APPLICATION PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) Grant proposals
				will be solicited annually on dates established by the department.
(2) Proposals with incomplete information may
				be rejected.
(3) The applicant may
				request assistance from the department in completing the application. The
				department will provide such assistance, the level of which will be determined
				by availability of staff and funds.
(4) The department will review and provide
				analysis to the advisory council regarding adherence to eligibility and
				application requirements. The advisory council will review, rank, and recommend
				proposed projects and funding according to this subsection. Advisory council
				recommendations will be submitted to the department for final review and
				determination of funding. The applicant will receive written notification from
				the department of the action taken on the proposal.
AUTH:  87-5-808, MCA; IMP:  87-5-803,  87-5-804,  87-5-805,
					  87-5-806,  87-5-807, MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.16 - Wildlife Habitat Noxious Weed Grant Program › Rule 12.9.1604 - GRANT APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Grant
				applications must address how projects would restore, rehabilitate, improve, or
				manage land as wildlife habitat through noxious weed management, and must
				contain the following criteria:
(a) the name,
				address, and telephone number of the project sponsor, project manager, and
				liaison (if different than manager);
(b) the title or name of the proposed
				project;
(c) the total grant amount
				requested;
(d) the location and
				size (area) of the proposed project and maps depicting the specific location of
				the project area, ownership of participating lands, and treatment
				areas;
(e) a description of public
				hunting accessibility of participating lands within the project area;
(f) a brief description of the history and
				background of the project;
(g) a
				description of priority wildlife species and habitat(s) involved and how the
				targeted noxious weeds are specifically impacting wildlife habitat
				functions;
(h) a description of the
				need and urgency of the proposed project, including details of how the project
				would restore, rehabilitate, improve, or manage land as wildlife habitat
				through noxious weed management;
(i) a description of the measurable
				objectives of the project, including acres of priority habitat to benefit from
				the proposed project;
(j) a
				treatment plan as described in (2);
(k) a funding plan as described in
				(3);
(l) a statement that the
				project sponsor, if the grant receives approval, is willing to enter into a
				contract with the department for utilization of grant funds and required
				documentation, reporting, and monitoring; and
(m) a layout of a monitoring plan as
				described in (4). The monitoring plan allows the department to analyze how
				noxious weed management is restoring, rehabilitating, improving, or managing
				land as wildlife habitat. Monitoring shall provide actual results of the
				proposed measurable objectives.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.16 - Wildlife Habitat Noxious Weed Grant Program › Rule 12.9.1605 - GRANT APPLICATION SCORING AND RANKING

Current through Register Vol. 13, July 5, 2024
(1) Prior to
				scoring by the council, the department will review and provide analysis to the
				advisory council regarding application completeness and adherence to
				eligibility and application requirements.
(2) The council will make funding
				recommendations to the department based upon the final rank scores. The
				department will make final decisions on which projects will be recommended for
				funding. Approval of project grant proposals is ultimately at the discretion of
				the U.S. Fish and Wildlife Service Federal Aid program.
(3) Scoring criteria is the primary guide for
				ranking applications and for determination of grant viability. Additional
				factors outside of the scoring criteria may be considered. Applications that
				meet minimum qualifications will receive a score based on the following
				criteria:
(a) Proposal involves a noxious
				weed threat with compelling information on how the infestation directly
				diminishes the effectiveness of a priority habitat to support one or more
				priority wildlife species. (0 to 20 pts)
(b) Proposal would significantly reduce or
				resolve noxious weed threat and support habitat effectiveness over a sizable
				portion of priority habitat and associated watersheds. Applications that do not
				include a minimum acreage of priority habitat to benefit from grant funding
				will receive zero points. (0 to 20 pts)
(c) Project would help implement an
				established weed management strategy, is technically feasible, and would
				maintain or restore native vegetation. (0 to 10 pts)
(d) Management of project area addresses the
				primary spread of noxious weeds to native wildlife habitats (up to 5 pts) while
				also providing for native plant community health to reduce susceptibility to
				weed invasion (up to 5 pts). (0 to 10 pts)
(e) Project involves funding commitments from
				multiple partners (up to 5 pts) and leverages additional funding or in-kind
				contribution beyond the minimum required (up to 5 pts). (0 to 10 pts)
(f) Project demonstrates an effective
				collaboration across multiple land ownerships. Cooperative Weed Management
				Areas, as defined in the Montana State Weed Management Plan, would receive the
				highest points. (0 to 15 pts)
(g)
				Project area provides access for public hunting. (0 to 15 pts)
(h) Monitoring plan meets or exceeds
				requirements as described in 12.9.1604. (0 to 10 pts)
(i) The grant application, including proposal
				information, funding plan, and monitoring plan, is clear, well organized, and
				reflects a high likelihood of success for all aspects of the proposed project
				(up to 5 pts). Grant application characteristics or circumstances that may be
				valuable but are not captured in other scoring criteria (up to 5 pts). (0 to 10
				pts)
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.9 - WILDLIFE DIVISION › Subchapter 12.9.16 - Wildlife Habitat Noxious Weed Grant Program › Rule 12.9.1606 - GRANTS

Current through Register Vol. 13, July 5, 2024
(1) Successful applicants for grants funded
				by federal Pittman-Robertson Wildlife Restoration funding are federal grant
				sub-recipients subject to administrative requirements of the Pittman-Robertson
				Wildlife Restoration Act, including  Title 50 CFR 80.20-160.
(2) Grants may be up to 5 years in duration
				although funding allocations will be provided on an annual basis; after the
				first year, annual allocations will be dependent upon satisfactory completion
				of grant award requirements (implementation and reporting) the previous
				year.
(3) Grants will be on a
				reimbursable basis. Reimbursement will be based on documented, eligible
				expenses up to the amount awarded and in proportion to spending of eligible
				match.
(4) Minimum criteria to
				qualify for a grant are listed as follows and serve as a basis for competitive
				ranking of proposals:
(a) the project must
				enhance priority habitats for one or more priority wildlife species through
				control, management, or eradication of noxious weeds;
(b) noxious weed invasion must represent a
				direct threat to priority habitat function;
(c) the project area must include
				ecologically important wildlife habitat that is in need of
				restoration;
(d) the project would
				have a reasonable probability of treatment effectiveness that includes
				effective methodology, anticipated plant community recovery, preservation of
				non-target plant species, post treatment management;
(e) the proposal exhibits a landscape scale
				approach or benefit;
(f) the
				project must include a minimum 25% nonfederal match and must meet additional
				match requirements depending on the funding source of the project. The proposal
				must describe the source and type of nonfederal match. The match funds may only
				be spent on eligible grant activities as described in ARM 12.9.1602; and
(g) projects must occur in an
				eligible county as required by the Montana Wildlife Habitat Improvement Act,
				 87-5-801 through  87-5-808, MCA.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.10 - CONSERVATION EDUCATION DIVISION › Subchapter 12.10.1 - Shooting Range Development Grants › Rule 12.10.101 - ELIGIBILITY (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-201, MCA; IMP,
					 87-1-201,
					 87-2-105,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.10 - CONSERVATION EDUCATION DIVISION › Subchapter 12.10.1 - Shooting Range Development Grants › Rule 12.10.102 - APPLYING FOR GRANTS (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-201, MCA; IMP,
					 87-1-201,
					 87-2-105,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.10 - CONSERVATION EDUCATION DIVISION › Subchapter 12.10.1 - Shooting Range Development Grants › Rule 12.10.103 - GRANT APPLICATION PROCEDURE

Current through Register Vol. 13, July 5, 2024
(1) To
				apply for a shooting range development grant, an applicant must prepare and
				submit a completed application to the department's Conservation Education
				Bureau in Helena. For questions and assistance contact:
Department of Fish, Wildlife and Parks
Conservation Education Bureau
1420 East Sixth Avenue
P.O. Box 200701
Helena, MT 59620
Phone (406) 444-3188
(2) Applications must be postmarked on or
				before February 1.
(3) If the
				applicant is a private club or organization, the applicant must submit a club
				or organization resolution that approves the application for financial
				assistance, the project proposal, the commitment to allow public and hunter
				education program use of the facilities, and certifies the applicant's ability
				to provide matching funds or in-kind contributions.
(4) Applicants receiving preliminary approval
				must enter into a shooting range development project agreement with the
				department before the department gives final approval and disburses grant
				funds. The agreement shall delineate the terms the applicant must abide by
				under applicable statutes, administrative rules, and state and department
				policy. Department final approval of an agreement is contingent upon the EA
				decision notice.
87-1-201,
					 87-1-279, MCA; IMP,
					 87-1-201,
					 87-1-276,
					 87-1-277,
					 87-1-278,
					 87-1-279,
					 87-2-105,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.10 - CONSERVATION EDUCATION DIVISION › Subchapter 12.10.1 - Shooting Range Development Grants › Rule 12.10.104 - REIMBURSEMENT OF COSTS

Current through Register Vol. 13, July 5, 2024
(1) All billing on
				a proposed project must be completed by June 15 of the fiscal year the money is
				awarded.
(2) Reimbursement requests
				will be based upon actual costs or in-kind contributions, verified by receipts
				and documentation that the work was completed.
(3) With prior approval, the department will
				consider situations where work cannot be completed until funds are received.
				Which situations constitute a special circumstance or hardship, requiring
				dispersal of grant funds in advance, is at the department's
				discretion.
(4) Per
				87-1-278, MCA, existing assets and
				shooting range developments may not be applied to the matching funds or in-kind
				contributions. Existing assets and shooting range developments are fixed
				improvements to the shooting range owned or made prior to the application
				deadline.
87-1-201,
					 87-1-279, MCA; IMP,
					 87-1-201,
					 87-1-276,
					 87-1-278,
					 87-1-279,
					 87-2-105,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.10 - CONSERVATION EDUCATION DIVISION › Subchapter 12.10.1 - Shooting Range Development Grants › Rule 12.10.105 - LAND ACQUISITION

Current through Register Vol. 13, July 5, 2024
(1) Shooting range
				grant funds may be used to purchase public or private land for the purpose of a
				shooting range. Fee title or an equitable interest in the land must be held by
				the applicant. The applicant must provide evidence that other adequate land is
				not available for lease. A copy of the purchase agreement, an appraisal from a
				qualified appraiser and a commitment for title insurance must be submitted
				prior to dispersal of grant funds. If funding is provided for the purchase of
				land, the department must be listed as a reversionary interest on the property
				title. Section
				87-1-278, MCA, sets forth the
				conditions that trigger a diversionary interest. Funding assistance will be
				provided at a maximum 50% state, 50% applicant matching basis, not to exceed
				30% of available program funds for the state share.
87-1-201,
					 87-1-279, MCA; IMP,
					 87-1-201,
					 87-1-276,
					 87-1-277,
					 87-1-278,
					 87-1-279,
					 87-2-105,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.10 - CONSERVATION EDUCATION DIVISION › Subchapter 12.10.1 - Shooting Range Development Grants › Rule 12.10.106 - INSPECTIONS

Current through Register Vol. 13, July 5, 2024
(1) The department may conduct periodic
				on-site inspections.
(2) Project
				sites will be subject to inspection by the department for ten years following
				receipt of a shooting range development grant.
(3) Upon completion of the work, the
				applicant must submit proof of the completed project.
87-1-201,
					 87-1-279, MCA; IMP,
					 87-1-201,
					 87-1-276,
					 87-1-277,
					 87-1-278,
					 87-1-279,
					 87-2-105,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.10 - CONSERVATION EDUCATION DIVISION › Subchapter 12.10.1 - Shooting Range Development Grants › Rule 12.10.110 - REQUIRED INFORMATION FOR GRANT APPLICATIONS

Current through Register Vol. 13, July 5, 2024
(1) Each shooting range grant application
				must contain a comprehensive description of the proposed project. The
				information presented in the description will be used by the department to
				review, evaluate, and prioritize applications. The description must provide:
(a) statement of need and benefit for the
				proposed project, including:
(i) plans to
				enhance safety;
(ii) hunter
				education;
(iii) access by persons
				with disabilities;
(iv) use by a
				variety of shooters (archery, shotgun, rifle, pistol); and
(v) availability to the public;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.10 - CONSERVATION EDUCATION DIVISION › Subchapter 12.10.1 - Shooting Range Development Grants › Rule 12.10.112 - GRANT PRIORITY

Current through Register Vol. 13, July 5, 2024
(1) As long as
				funds are sufficient to allocate grants to all eligible applicants, grants will
				be awarded beginning on July 1 of each year.
(2) When the department receives more
				eligible applications for grants than funds are available, the department may
				include, but is not limited to, the following criteria to disperse funds and
				approve grants:
(a) needs of the community
				determined by distance to applicant shooting range and annual club
				membership/range use;
(b)
				population of the county compared with numbers of shooting ranges allowing
				public use within the county;
(c)
				disabled accessibility to existing shooting range improved as a result of the
				proposed project;
(d) types of
				firearms and archery equipment that can be used at the proposed
				project;
(e) range safety improved
				as a result of the proposed project; and
(f) impacts to the human
				environment.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.1 - Western Fishing District › Rule 12.11.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to this subchapter:
(1) "No wake" means a speed whereby there is
				no "white" water in the track or path of the vessel or in created waves
				immediate to the vessel.
(2)
				"Public lakes and public reservoirs" means lakes and reservoirs that are
				legally accessible to the public.
(3) "Western fishing district" means all
				waters in the state west of the continental divide. A map of the western
				fishing district is found in the booklet entitled Montana Fishing Regulations
				published by the department.
23-1-106,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-1-106, 23-1-501,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.1 - Western Fishing District › Rule 12.11.106 - NO WAKE RESTRICTIONS

Current through Register Vol. 13, July 5, 2024
(1) Persons
				traveling faster than no wake speed in areas restricted to no wake speed shall
				be in violation of the rule unless one of the following circumstances apply:
(a) official patrol and search and rescue
				operations; or
(b) scientific
				purposes or special events with the director's prior written
				approval.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.1 - Western Fishing District › Rule 12.11.110 - WESTERN FISHING DISTRICT LAKES 35 ACRES OR LESS

Current through Register Vol. 13, July 5, 2024
(1) All watercraft operating on public lakes
				and public reservoirs in the western fishing district which contain 35 acres or
				less of surface water are limited to a controlled no wake speed as defined in
				ARM 12.11.101.
(a) the department shall determine lake size
				by means of the 1:100,000 scale hydrography layer within the department's
				geographic information system (GIS).
(b) the department shall determine
				landownership by means of the 1:100,000 scale landownership layer within the
				department's GIS and any other methods available to the department.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.1 - Western Fishing District › Rule 12.11.115 - NO WAKE ZONES FOR LAKES GREATER THAN 35 ACRES IN THE WESTERN FISHING DISTRICT

Current through Register Vol. 13, July 5, 2024
(1) This rule applies to any public lake or
				reservoir in the western fishing district greater than 35 acres and therefore
				not regulated in ARM
				12.11.110.
(2) All watercraft on public lakes or
				reservoirs greater than 35 surface acres within the western fishing district
				are limited to a controlled no wake speed as defined in ARM
				12.11.101 from shoreline to 200
				feet from the shoreline. The following are exceptions under this rule:
(a) personal watercraft which must maintain a
				certain minimum operating speed to remain upright and maneuver in the water may
				travel at that minimum operating speed following the most direct route through
				the no wake zone to and from shore;
(b) motorized watercraft towing a water skier
				from or to a dock or the shore, except watercraft falling under this exception
				must travel the most direct route through the no wake zone to and from the dock
				or shore;
(c) Crystal Lake located
				within the Thompson Chain of Lakes, Lincoln County;
(d) Horseshoe Lake located within the
				Thompson Chain of Lakes, Lincoln County;
(e) Lake Five located in Flathead
				County;
(f) Loon Lake located
				within the Thompson Chain of Lakes, Lincoln County;
(g) Lower Thompson Lake located within the
				Thompson Chain of Lakes, Lincoln County;
(h) McGregor Lake located within the Thompson
				Chain of Lakes, Flathead County;
(i) Middle Thompson Lake located within the
				Thompson Chain of Lakes, Lincoln County; and
(j) Upper lobe of Upper Thompson Lake located
				within the Thompson Chain of Lakes, Lincoln County.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.1 - Western Fishing District › Rule 12.11.117 - PROCEDURE FOR CHANGING WATER SAFETY RESTRICTIONS

Current through Register Vol. 13, July 5, 2024
(1) Except when emergency situations arise as
				defined in 2-4-303, MCA recreational water use
				rules ARM 12.11.101,
				12.11.106,
				12.11.110,
				12.11.115, and
				12.11.117 shall be reviewed
				annually for consideration of any changes through the repeal, amendment or
				adoption of new rules. Any individual or entity requesting changes to ARM
				12.11.101, 12.11.106, 12.11.110, 12.11.115 and 12.11.117 shall postmark or hand
				deliver their written request and petition to the commission secretary no later
				than September 30.
(2) An
				individual or entity may petition the commission to remove or amend the
				restrictions on a body of water affected by ARM
				12.11.110 and
				12.11.115 by doing the following:
(a) completing a petition requesting the
				change on forms provided by the department or by using sample form 3 found in
				the Administrative Rules of Montana, Title 1, chapter 3, Model Rules;
				and
(b) submitting to the
				commission secretary, no earlier than August 1 and no later than September 30
				of each year, the petition referred to in (a) with a written request to have
				the proposed rule change included on the commission agenda.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.2 - Recreational Use of the Beaverhead and Big Hole Rivers › Rule 12.11.202 - RIVER DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to this subchapter:
(1) "Beaverhead River" means that portion of
				the river from its headwaters to Jessen Park in Twin Bridges.
(2) "Big Hole River" means the river from its
				headwaters to its confluence with the Jefferson River.
(3) "Float fishing" means any fishing from a
				boat and wade fishing when fishing access is gained by boat.
(4) "Float outfitting" means the operation of
				any boat for the commercial purpose of float fishing by a fishing guide or
				fishing outfitter.
(5) "Guide"
				means a person as defined in
				37-47-101, MCA.
(6) "Official access site" means those river
				access sites that are managed and maintained as an access point for public use.
				The following are official access sites on the Big Hole River:
(a) High Road fishing access site;
(b) Pennington fishing access site;
(c) Notch Bottom fishing access
				site;
(d) Glen fishing access
				site;
(e) Brownes Bridge fishing
				access site;
(f) Salmon Fly at
				Melrose fishing access site;
(g)
				Maiden Rock FWP fishing access site;
(h) Maiden Rock BLM recreation
				site;
(i) Divide Bridge BLM
				recreation site;
(j) Power House
				fishing access site;
(k) George
				Grant/Dewey fishing access site;
(l) Jerry Creek Bridge BLM recreation
				site;
(m) Dickie Bridge BLM
				recreation site;
(n) East Bank BLM
				recreation site;
(o) Sportsman Park
				fishing access site;
(p) Fishtrap
				fishing access site; and
(q) Mudd
				Creek Bridge BLM recreation site.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.2 - Recreational Use of the Beaverhead and Big Hole Rivers › Rule 12.11.205 - BEAVERHEAD RIVER RECREATIONAL USE RESTRICTIONS

Current through Register Vol. 13, July 5, 2024
(1) Starting on the third Saturday in May
				through Labor Day, recreational use of the Beaverhead River from Clark Canyon
				Dam to Jessen Park in Twin Bridges shall be allowed and restricted in
				designated river reaches as follows:
(a) in
				the river reach from Clark Canyon Dam to Henneberry fishing access site, each
				outfitter is limited to launching or use within the reach of a maximum of three
				boats in any day;
(b) in the river
				reach from Henneberry fishing access site to Barretts Diversion, each outfitter
				is limited to launching or use within the reach of a maximum of three boats in
				any day;
(c) in the river reach
				from Barretts Diversion to Highway 91 South (Tash) Bridge, each outfitter is
				limited to launching or use within the reach of a maximum of one boat in any
				day;
(d) the river reach from
				Highway 91 South (Tash) Bridge to Selway Bridge is closed to any float
				outfitting; and
(e) in the river
				reach from Selway Bridge to Jessen Park in Twin Bridges, each outfitter is
				limited to launching or use within the reach of a maximum of one boat in any
				day.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.2 - Recreational Use of the Beaverhead and Big Hole Rivers › Rule 12.11.206 - USE OF TEMPORARY CLIENT DAYS ON THE BEAVERHEAD RIVER

Current through Register Vol. 13, July 5, 2024
(1) One-boat
				outfitters may apply on an annual basis for up to 60 temporary client days on
				the Beaverhead River unless the outfitter has:
(a) surrendered or transferred client days;
				or
(b) had a Beaverhead River
				commercial use permit revoked.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.2 - Recreational Use of the Beaverhead and Big Hole Rivers › Rule 12.11.207 - REVIEW OF RIVER RECREATION RULES FRO BEAVERHEAD RIVER

Current through Register Vol. 13, July 5, 2024
(1) The commission shall review the rules
				governing recreational use on the Beaverhead River every five years.
(2) The statewide rules governing river
				recreation management shall apply to future recreation management actions on
				the Beaverhead River.
87-1-301,
					 87-1-303, MCA; IMP,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.2 - Recreational Use of the Beaverhead and Big Hole Rivers › Rule 12.11.210 - BIG HOLE RIVER RECREATIONAL USE RESTRICTIONS

Current through Register Vol. 13, July 5, 2024
(1) Starting on the third Saturday in May
				through Labor Day, recreational use of the Big Hole River from its headwaters
				to Notch Bottom fishing access site shall be allowed and restricted by defining
				eight river zones with one zone closed to float outfitting each day and with
				the zone that is restricted on Saturday and the zone that is restricted on
				Sunday also closed to nonresident float fishing. The eight river zones are
				defined by river reach and restricted each day of the week as follows:
(a) all seven days of the week, the river
				reach from the headwaters to Mudd Creek Bridge BLM recreation site is closed to
				any float outfitting;
(b) each
				Sunday, the river reach from Divide Bridge BLM recreation site to Salmon Fly
				fishing access site is closed to any float fishing by nonresidents and to any
				float outfitting;
(c) each Monday,
				the river reach from Salmon Fly fishing access site to Glen fishing access site
				is closed to any float outfitting;
(d) each Tuesday, the river reach from Mudd
				Creek Bridge BLM recreation site to Fishtrap fishing access site is closed to
				any float outfitting;
(e) each
				Wednesday, the river reach from East Bank BLM recreation site to Jerry Creek
				Bridge BLM recreation site is closed to any float outfitting;
(f) each Thursday, the river reach from
				Fishtrap fishing access site to East Bank BLM recreation site is closed to any
				float outfitting;
(g) each Friday,
				the river reach from Glen fishing access site to Notch Bottom fishing access
				site is closed to any float outfitting; and
(h) each Saturday, the river reach from Jerry
				Creek Bridge BLM recreation site to Divide Bridge BLM recreation site is closed
				to any float fishing by nonresidents and to any float outfitting.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.2 - Recreational Use of the Beaverhead and Big Hole Rivers › Rule 12.11.211 - USE OF TEMPORARY CLIENT DAYS ON THE BIG HOLE RIVER

Current through Register Vol. 13, July 5, 2024
(1) One-boat
				outfitters may apply on an annual basis for up to 60 temporary client days on
				the Big Hole River unless the outfitter has:
(a) surrendered or transferred client days;
				or
(b) had a Big Hole River
				commercial use permit revoked.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.2 - Recreational Use of the Beaverhead and Big Hole Rivers › Rule 12.11.212 - REVIEW OF RIVER RECREATION RULES FOR THE BIG HOLE RIVER

Current through Register Vol. 13, July 5, 2024
(1) The commission shall review the rules
				governing recreational use on the Big Hole River every five years.
(2) The statewide rules governing river
				recreation management shall apply to future recreation management actions on
				the Big Hole River.
87-1-301,
					 87-1-303, MCA; IMP,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.2 - Recreational Use of the Beaverhead and Big Hole Rivers › Rule 12.11.215 - NEW OUTFITTER MORATORIUM AND OUTFITTER RESTRICTIONS ON THE BEAVERHEAD RIVER

Current through Register Vol. 13, July 5, 2024
(1) An outfitter with documented use of the
				Beaverhead River prior to December 31, 1998, may continue to operate on the
				Beaverhead River, except as provided in (2).
(2) An outfitter authorized to outfit on the
				Beaverhead River forfeits all his/her client days and is no longer authorized
				to outfit on the Beaverhead River if one or more of the following occur:
(a) an outfitter does not report any use for
				any two consecutive years, effective June 17, 2005;
(b) an outfitter did not report any use for
				the five years prior to December 31, 2004; or
(c) the license of an outfitter has
				expired.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.2 - Recreational Use of the Beaverhead and Big Hole Rivers › Rule 12.11.220 - NEW OUTFITTER MORATORIUM AND OUTFITTER RESTRICTIONS ON THE BIG HOLE RIVER

Current through Register Vol. 13, July 5, 2024
(1) An outfitter with documented use of the
				Big Hole River prior to December 31, 1998, may continue to operate on the Big
				Hole River, except as provided in (2).
(2) An outfitter authorized to outfit on the
				Big Hole River forfeits all his/her client days and is no longer authorized to
				outfit on the Big Hole River if one or more of the following occur:
(a) an outfitter does not report any use for
				any two consecutive years, effective June 17, 2005;
(b) an outfitter did not report any use for
				the five years prior to December 31, 2004; or
(c) the license of an outfitter has
				expired.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.3 - Boating Regulations › Rule 12.11.301 - PERSONAL FLOTATION DEVICES

Current through Register Vol. 13, July 5, 2024
(1)
				Wearable U.S. Coast Guard approved personal floatation devices must be readily
				accessible to all persons on the vessel.
(2) All vessels 16 feet in length and over
				must have one U.S. Coast Guard approved throwable personal flotation device
				that is immediately available for use.
(3) Personal floatation devices are required
				to be securely worn when operating a sailboard if:
(a) the person operating the sailboard is 14
				years of age or younger; or
(b) two
				or more people are occupying the sailboard.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.3 - Boating Regulations › Rule 12.11.305 - VENTILATION SYSTEMS

Current through Register Vol. 13, July 5, 2024
(1) Every motorboat
				or vessel on the waters of this state shall meet the following ventilation
				system requirements:
(a) at least two
				ventilation ducts fitted with cowls or their equivalent for the purpose of
				properly and efficiently ventilating the bilges of every engine and fuel tank
				compartment of boats decked-over using gasoline as fuel and other fuels having
				a flashpoint of 110 E F or less;
(b) at least one exhaust duct installed so as
				to extend to the lower portion of the bilge, and at least one intake duct
				installed so as to extend to a point at least midway to the bilge or at least
				below the level of the carburetor air intake.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.3 - Boating Regulations › Rule 12.11.310 - FIRE EXTINGUISHERS

Current through Register Vol. 13, July 5, 2024
(1) Motorboats
				or vessels on the waters of this state shall have the following fire
				extinguishing equipment:
(a) less than 26
				feet in length if the motorboat or vessel carries passengers for hire or has
				any of the conditions listed in subsection (d) of this rule -- one B-I type
				approved hand portable fire extinguisher or a fixed fire extinguisher
				system;
(b) 26 feet to less than 40
				feet in length -- two B-I type approved hand portable fire extinguishers; or at
				least one B-II type; when an approved fixed system is installed, one less B-I
				type is required;
(c) 40 feet to
				not more than 65 feet in length -- three B-I type approved portable fire
				extinguishers, or at least one B-I type plus one B-II type; when approved fixed
				system is installed, one less B-I type is required;
(d) fire extinguishers must be carried on all
				motorboats that have one or more of the following conditions that make the boat
				of closed construction:
(i) inboard engines;
				or
(ii) closed compartments under
				thwarts and seats wherein portable fuel tanks may be stored; or
(iii) double bottoms not sealed to the hull
				or which are not completely filled with flotation material; or
(iv) closed living spaces; or
(v) closed storage compartments in which
				combustible or flammable material is stored; or
(vi) permanently installed fuel
				tanks.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.3 - Boating Regulations › Rule 12.11.315 - LIGHTS

Current through Register Vol. 13, July 5, 2024
(1) Lights required on motorboats or vessels
				on waters of this state:
(a) in operation
				between sunset and sunrise;
(i) motorboats
				and sail power auxiliary boats less than 26 feet;
(A) display one white light aft on rear of
				vessel to show all around the horizon 32 pts. (360 E) higher than the bow light
				visible for two miles;
(B) a
				combination red-green light or separate lights on the forepart of the boat
				showing green to starboard (right side) and red to port 10 pts. (112.5 E)
				visible for one mile;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.3 - Boating Regulations › Rule 12.11.320 - SOUND PRODUCING DEVICES ON MOTORBOATS

Current through Register Vol. 13, July 5, 2024
(1)
				Motorboats shall have efficient sound producing devices as follows:
(a) less than 16 feet in length -
				none;
(b) 16 feet to less than 26
				feet in length - one hand, mouth, or power-operated whistle, or horn, audible
				at least one-half mile;
(c) 26 feet
				to not more than 65 feet in length - one bell which when struck produces a
				clear, bell-like tone and one hand or power-operated whistle, or horn, audible
				at least one mile.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.3 - Boating Regulations › Rule 12.11.325 - MEASURING LENGTH OF BOAT

Current through Register Vol. 13, July 5, 2024
(1) For
				determining the length of a vessel, the distance is measured in a straight line
				from the foremost part of the vessel to the aftermost part of the vessel,
				parallel to the center line, exclusive of sheer.
(2) Bowsprits, bumpkins, rudders, outboard
				motors and brackets and similar fittings or attachments are not to be included
				in the measurement.
23-2-521,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-2-521,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.3 - Boating Regulations › Rule 12.11.330 - DEFINITION OF "VESSEL"

Current through Register Vol. 13, July 5, 2024
(1) The definition
				of "vessel" in
				23-2-502(13), MCA
				does not include inner tubes (motor vehicle type), float tubes (belly boats),
				air mattresses and sailboards when used without mechanical propulsion by one
				individual.
23-2-502(13),
					 MCA; IMP, 23-2-502(13),
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.3 - Boating Regulations › Rule 12.11.331 - SNOWMOBILES ON PUBLIC WATERS

Current through Register Vol. 13, July 5, 2024
(1) All public
				waters within the state of Montana are closed to snowmobile
				operation.
(2) Snowmobiles may
				cross or enter upon public water if the water is frozen or it is necessary to
				cross a small stream to continue travel on snow. When it is necessary to cross
				a stream, the stream crossing must be perpendicular to the flow of the
				stream.
23-1-106,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-2-501,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.3 - Boating Regulations › Rule 12.11.340 - ENFORCEMENT AUTHORITY

Current through Register Vol. 13, July 5, 2024
(1) State fish and
				game wardens are hereby authorized and directed to enforce the laws of the
				state of Montana, and the regulations of the commission, relating to the
				operation, use, and equipment of boats and other water vessels within the state
				with regard to, but not limited to, licensing, identification numbering,
				display of decals, equipment, boat liveries, operations, discharge of wastes,
				traffic, restricted areas of operation, loading and powering, rendering of
				assistance, reporting of accidents, towing of water skiers or surf boarders,
				commercial fishing from boats, and method of catching fish from
				boats.
(2) In the performance of
				the authorities and duties hereinbefore provided for, wardens are hereby
				authorized to halt, delay, board, or inspect any boat or other vessel on the
				waters of the state; provided that any and all such halting, boarding, or
				inspection shall be conducted in a reasonable manner and at reasonable times
				under the circumstances.
(3) All
				persons operating, or in charge of operating, any boat or vessel on the waters
				of this state shall bring such boat or vessel to a stop upon a request or
				demand of any warden and shall permit such warden to reasonably board and
				inspect such boat or vessel as in these regulations prescribed.
23-2-506,
					 87-1-303, MCA; IMP,
					 23-2-506,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.3 - Boating Regulations › Rule 12.11.341 - IDENTIFIED AREAS THREATENED WITH AQUATIC INVASIVE SPECIES AND APPLICABLE QUARANTINE MEASURES [TRANSFERRED]

Current through Register Vol. 13, July 5, 2024
AUTH:
					 80-7-1007,
					 80-7-1008,
					 80-7-1011,
					 80-7-1012,
					 87-1-201, MCA; IMP:
					 80-7-1007,
					 80-7-1008,
					 80-7-1010,
					 80-7-1011,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.3 - Boating Regulations › Rule 12.11.342

Current through Register Vol. 13, July 5, 2024
AUTH:
					 80-7-1007,
					 80-7-1012,
					 87-1-201, MCA; IMP:
					 80-7-1007,
					 MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.3 - Boating Regulations › Rule 12.11.345 - USE RESTRICTIONS AT MONTANA POWER COMPANY DAMS (REPEALED)

Current through Register Vol. 13, July 5, 2024
87-1-303, MCA; IMP,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.4 - River Recreation Use › Rule 12.11.401 - RIVER RECREATION USE: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1)
				"Allocation" means distributing limited use opportunities when a rationing
				system is in place.
(2) "Fixed
				allocation" means members of a rationed user group or groups do not compete
				equally for limited opportunities to use a river.
(3) "Management plan" means a plan developed
				using the processes described in this subchapter for management of recreational
				use on a river or group of rivers.
(4) "Non-fixed allocation" means 100% of the
				available use opportunity is allocated to individual river users or parties of
				river users and not to river service providers.
(5) "Ration" means to regulate use intensity
				by limiting the amount of use on a river. Rationing requires users to obtain a
				permit to recreate on a river or requires river service providers to obtain
				authorization to conduct business on a river. Limitation on the use of a river
				may apply to one or more user groups and may not necessarily apply to all user
				groups. To qualify as a rationing strategy, the supply of permits or the amount
				of authorized use by river service providers must be limited.
(6) "Restrict" means to regulate when and
				where the public or river service providers can recreate on a river, or the
				types of recreation that are allowed.
(7) "River service provider" means a business
				or person that, for monetary or other consideration, provides services on
				publicly accessible rivers in Montana. This includes angling outfitters
				licensed by the state of Montana and non-angling river service providers that
				are not licensed by the state of Montana.
(8) "River user" is someone who uses a river
				and is not acting as a river service provider.
(9) "River use day" is equivalent to one
				person recreating on a river for all or part of one day.
(10) "Rule" or "rules" mean regulations
				pertaining to river recreation adopted through the Montana Administrative
				Procedure Act (MAPA).
87-1-301,
					 87-1-303, MCA; IMP,
					 87-1-201,
					 87-1-301,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.4 - River Recreation Use › Rule 12.11.410 - RIVER RECREATION MANAGEMENT PLANS AND RULES GENERALLY

Current through Register Vol. 13, July 5, 2024
(1) The highest priority of a management plan
				is providing protection for the following resources:
(a) the quality of the fisheries;
(b) wildlife;
(c) water;
(d) riparian habitat; and
(e) other natural resources in or along the
				river.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.4 - River Recreation Use › Rule 12.11.415 - RIVER RECREATION MANAGEMENT PLANS AND RULES: DEPARTMENT RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1) The
				department, using existing information, shall evaluate the social and
				biological conditions on rivers and identify those rivers where further
				analysis and planning may be needed in order to prevent or resolve social
				conflicts.
(2) The department shall
				implement Title 75, chapter 1, MCA, the Montana Environmental Policy Act (MEPA)
				when developing a management plan or when proposing rules for a specific
				river.
(3) When developing a river
				recreation management plan for a specific river, the department shall conduct
				an analysis and decision-making process that complies with MEPA and includes
				collection and analysis of data, appointment of a citizen advisory committee,
				development of alternatives, and public review and comment.
(4) The department shall develop management
				plans and recommend rules to the commission based on the following:
(a) the values and input of the
				public;
(b) best available
				biological information;
(c) best
				available social information;
(d)
				best available economic information;
(e) recommendations of the citizen advisory
				committee;
(f) input and advice
				from the commission; and
(g) MEPA
				analysis.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.4 - River Recreation Use › Rule 12.11.420 - RIVER RECREATION MANAGEMENT PLANS AND RULES: COMMISSION RESPONSIBILITIES

Current through Register Vol. 13, July 5, 2024
(1) When
				concurring in a management plan or when adopting, amending, or repealing rules
				for a river, the commission shall consider the following:
(a) recommendations of the citizen advisory
				committee;
(b) public
				input;
(c) the best available
				biological information before the department;
(d) the best available social information
				before the department;
(e) the best
				available economic information before the department;
(f) the department's MEPA analysis;
				and
(g) any existing river
				management plan for the river.