Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.4 - River Recreation Use › Rule 12.11.405 - POLICY STATEMENT CONCERNING RIVER RECREATION RULES

Current through Register Vol. 13, July 5, 2024
(1) These rules apply to the process of
				developing, adopting, amending, or repealing management plans or rules that
				address river recreation. These rules do not apply to fishing seasons, limits,
				or regulations that the commission will continue to adopt as biennial or annual
				rules under MAPA's exceptions.
(2)
				The purpose of these rules is to provide guidance to the commission, the
				department, and department-appointed citizen advisory committees in the
				management of recreation on rivers. These rules seek to promote management of
				river recreation that provides a full variety of quality recreation for a
				diverse public and protects natural resources in rivers and on adjacent
				uplands. These rules also provide guidance for addressing social conflict on
				rivers.
(3) The general premise of
				these rules is that the public prefers to recreate on rivers without controls
				on their recreational experience, other than regulations that are necessary for
				managing aquatic resources, such as fishing regulations. Educating the public
				about river recreation issues can lead to modified behavior on rivers and the
				department can use education as a nonregulatory method to address social
				problems on rivers. The department should develop strategies for providing
				river information to all sectors of the recreating public.
(4) The demand on the natural resources and
				the social experience will continue to grow, and the best approach is a balance
				between quality of experience and unrestricted use of a limited resource. On
				any river or stream, there may be a time and a need for management intervention
				in order to maintain the quality of the river resources and the quality of the
				recreational experience. The quality of the river resource should be protected
				as the first and foremost priority.
(5) Further, the general premise of these
				rules is that if it becomes necessary to manage use on a river, the public
				prefers that less-restrictive management intervention be tried before
				proceeding to more-restrictive management intervention, and that rationing of
				use is the most restrictive form of management intervention.
(6) Individuals appointed to serve on a
				citizen advisory committee, river users, and those affected by river recreation
				shall be given an opportunity to be full and integral partners in the
				development of proposed management plans or rules. Participation of all
				interested parties is vital when developing management plans.
(7) Planning and management of Montana's
				river systems should provide for and conserve a full variety of recreation
				experiences and assure that river recreation historically enjoyed by people in
				Montana is recognized.
(8)
				Nonresidents are an important part of the state's tourism economy and rivers
				are an attraction to visitors. Nonresidents should have reasonable and
				equitable opportunities compared to other recreational users to enjoy Montana's
				resources. "Reasonable and equitable" as applied to nonresidents means
				recreational use that fairly considers the interests of all types of
				recreational users, and is not intended to mean that each type of recreational
				user must have the exact same share of use in terms of the timing, amount, and
				location of use.
(9) River service
				providers are an important industry in Montana and should be regulated. There
				are differences in management considerations between river service providers
				and private (nonguided) users. Management plans need to provide opportunities
				for river service providers to compete for the business of paying customers.
				Management processes should encourage viable and diverse types of commercial
				services.
(10) Partnerships with
				other agencies that lead to improved management of the river resources and
				better services to the public are encouraged.
87-1-301,
					 87-1-303, MCA; IMP,
					 87-1-201,
					 87-1-301,
					 87-1-303,
					 MCA;