reglab/statecodes huggingface dataset:
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.65 - Blackfoot River Special Recreation Permit Program › Rule 12.11.6530 - APPLYING FOR SPECIAL RECREATION PERMITS

Current through Register Vol. 13, July 5, 2024
(1)
				All persons sponsoring or conducting commercial uses and competitive events
				requiring a special recreation permit should apply to the department at least
				60 days before the use is intended to begin in order for the department to
				process the application and determine whether environmental analysis is
				required. The department shall attempt to process applications received less
				than 60 days before the use is intended to begin on a case-by-case basis. The
				department shall inform applicants of the status of their application within 30
				days after the filing date of the application. The department may require more
				than 60 days to process an application if the proposed use or event requires
				significant environmental analysis.
(2) All persons sponsoring or conducting an
				organized group activity should contact the department at least 30 days before
				the activity is intended to begin. The department shall attempt to process
				applications received less than 30 days before the use is intended to begin on
				a case-by-case basis. The department shall inform applicants of the status of
				their application within 14 days after the filing of the application. The
				department may require more than 30 days to process an application if the
				proposed activity requires significant environmental analysis.
23-1-106,
					 23-2-103,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-1-106,
					 87-1-301,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.65 - Blackfoot River Special Recreation Permit Program › Rule 12.11.6535 - SPECIAL RECREATION PERMIT: REQUIRED APPLICATION INFORMATION

Current through Register Vol. 13, July 5, 2024
(1) An application for a special recreation
				permit must include:
(a) a completed special
				recreation application and permit form; and
(b) other relevant information in sufficient
				detail to allow the department to evaluate the nature and impact of the
				proposed activity, including measures the applicant will use to mitigate
				adverse impacts.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.65 - Blackfoot River Special Recreation Permit Program › Rule 12.11.6540 - PERMITTING DECISIONS

Current through Register Vol. 13, July 5, 2024
(1) The department
				has discretion over whether to issue a special recreation permit. Permitting
				decisions are based on the following factors to the extent that they are
				relevant:
(a) conformance with laws, rules,
				recreation management plans, and land use plans;
(b) public safety;
(c) conflicts with other users in regard to
				timing, location, site capacity, and other similar considerations;
(d) resource protection;
(e) the public interest served;
(f) whether in the past the applicant
				complied with the terms of his/her permit or other authorization from the
				department and other agencies;
(g)
				conformance with maximum group size requirements identified in the department's
				environmental assessment decision notice and the department's parks division
				biennial fee rule; and
(h) such
				other information that the department finds appropriate.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.65 - Blackfoot River Special Recreation Permit Program › Rule 12.11.6545 - BLACKFOOT RIVER SPECIAL RECREATION PERMIT FEES

Current through Register Vol. 13, July 5, 2024
(1) The department shall require payment of
				fees for commercial use, competitive events, and organized group activities
				requiring a special recreation permit that occur on, or originate or terminate
				on lands adjacent to the Blackfoot River that are owned or managed by the
				department, except as provided in (2).
(2) The department may waive special
				recreation permit fees on a case-by-case basis for:
(a) noncommercial use for organized group
				activities that are for educational purposes, accredited academic, scientific,
				and research institutions, therapeutic, providing a public service, or
				administrative uses; and
(b)
				commercial use, competitive events, or organized group activities conducted by
				individuals or entities entirely on land they own adjacent to the Blackfoot
				River that is managed by the department and available to the public.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.65 - Blackfoot River Special Recreation Permit Program › Rule 12.11.6550 - WHEN FEES ARE REFUNDABLE

Current through Register Vol. 13, July 5, 2024
(1) For multi-year
				commercial permits, if the permittee's actual fees due are less that the
				estimated fees that the permittee paid in advance, the department shall credit
				overpayments to the following year or season. For other permits, the department
				shall provide the option of receiving a refund or crediting overpayments to
				future permits.
(2) Application
				fees and minimum annual commercial use fees are not refundable.
23-1-105,
					 23-1-106,
					 23-2-103,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-1-106,
					 87-1-301,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.65 - Blackfoot River Special Recreation Permit Program › Rule 12.11.6555 - SPECIAL RECREATION PERMIT STIPULATIONS

Current through Register Vol. 13, July 5, 2024
(1) The department shall establish
				stipulations that must be complied with in order to receive and/or retain a
				special recreation permit.
(2) The
				department shall require commercial users, except vendors, to obtain a
				professional liability insurance policy covering property damage and personal
				injury that the department judges sufficient to protect the public, the state
				of Montana, and the federal government.
(3) The department may require insurance for
				competitive events, vendors or organized group activities if the department
				determines that the proposed activity may cause appreciable environmental
				degradation or risk to human safety or health.
(4) The department shall require permittees
				to report their use of the Blackfoot River and lands adjacent to the Blackfoot
				River that are owned or managed by the department. The department shall include
				specific reporting requirements as permit stipulations.
(5) The department may require an applicant
				to submit a payment bond or other financial guarantee if the department
				determines that the proposed use, activity or event might cause appreciable
				environmental degradation or risk to human health and safety.
23-1-106,
					 23-2-103,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-1-106,
					 87-1-301,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.65 - Blackfoot River Special Recreation Permit Program › Rule 12.11.6560 - PERMIT RENEWALS

Current through Register Vol. 13, July 5, 2024
(1) The department
				may renew a special recreation permit upon application at the end of its term
				only if:
(a) the permit is in good
				standing;
(b) the permitted
				activity is consistent with management plans and policies that apply to the
				Blackfoot River and lands adjacent to the Blackfoot River that are owned or
				managed by the department; and
(c)
				the permittee and his/her affiliates have a satisfactory record of
				performance.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.65 - Blackfoot River Special Recreation Permit Program › Rule 12.11.6565 - PERMIT TRANSFERS

Current through Register Vol. 13, July 5, 2024
(1) In the case of
				a sale or transfer of a business that is authorized to conduct commercial use
				on the Blackfoot River, the person or entity acquiring the business must
				complete the standard permit application process as provided for in ARM
				12.11.6530 and
				12.11.6535.
23-1-106,
					 23-2-103,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-1-106,
					 87-1-301,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.65 - Blackfoot River Special Recreation Permit Program › Rule 12.11.6570 - AMENDMENT, SUSPENSION, OR CANCELLATION OF A SPECIAL RECREATION PERMIT

Current through Register Vol. 13, July 5, 2024
(1) The department may amend, suspend, or
				cancel a special recreation permit if necessary to protect public health,
				public safety, or the environment.
(2) The department may suspend or cancel a
				special recreation permit if the permittee violates or fails to comply with a
				permit stipulation or is convicted of violating a federal or state law or
				regulation concerning the conservation or protection of natural resources, the
				environment, endangered species, or antiquities.
23-1-106,
					 23-2-103,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-1-106,
					 87-1-301,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.65 - Blackfoot River Special Recreation Permit Program › Rule 12.11.6575 - SPECIAL RECREATION PERMIT APPEAL PROCESS

Current through Register Vol. 13, July 5, 2024
(1) A person who has been denied a special
				recreation use permit or denied renewal of a special recreation permit, or a
				person whose special recreation permit has been suspended or cancelled may
				appeal the permitting decision in writing to the director within 30 days of the
				date of mailing of the notice of the permitting decision. Persons not appealing
				within 30 days have waived their right to appeal.
(2) The director or the director's designee
				shall issue a written decision on the appeal. The director's decision is
				final.
23-1-106,
					 23-2-103,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-1-106,
					 87-1-301,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.66 - Public Water Closures Due to Fire Emergency › Rule 12.11.6601 - DEPARTMENT'S AUTHORITY TO CLOSE PUBLIC WATERS DUE TO EMERGENCY

Current through Register Vol. 13, July 5, 2024
1) The commission authorizes the department
				to adopt temporary emergency rules to close public waters or portions thereof
				to public use as provided in ARM
				12.11.6603.
(2) Public use of the water means boating,
				floating, swimming, fishing, and any other public occupation of the
				waters.
(3) The commission
				authorizes the department to reopen public waters closed by temporary emergency
				rule as provided in ARM 12.11.6603.
87-1-303, MCA; IMP,
					 2-4-303,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.66 - Public Water Closures Due to Fire Emergency › Rule 12.11.6603 - EMERGENCY PUBLIC WATER CLOSURE CRITERIA

Current through Register Vol. 13, July 5, 2024
(1) The department may, pursuant to ARM
				12.11.6601, adopt temporary
				emergency rules under the following criteria.
(a) The department receives written request
				for closure of public waters from the interagency fire management team or
				similar authority that provides the description of where to implement the fire
				closure.
(b) The department
				determines that firefighting efforts on or near the water creates imminent
				peril to the public health, safety, or welfare.
(c) The department determines that dangerous
				conditions exist on or near the water that creates imminent peril to public
				health, safety, or welfare.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.66 - Public Water Closures Due to Fire Emergency › Rule 12.11.6605 - NOTIFICATION OF EMERGENCY PUBLIC WATER CLOSURE AREAS

Current through Register Vol. 13, July 5, 2024
(1) Prior to or simultaneously with the
				effective date of the fire closure the department shall:
(a) notify the commission;
(b) post notice of the fire closure on the
				agency web site;
(c) post notice of
				the fire closure within and near the affected area; and
(d) send press releases regarding the fire
				closure to newspapers and media outlets having general distribution in the
				affected watershed or water body.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.67 - Madison River Recreation Management › Rule 12.11.6701 - MADISON RIVER REPORTING REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1)All
				persons recreating on the Madison River must provide the required information
				in the manner prescribed by the department. Each year, information gathered
				will be reported to the Madison River Work Group and commission.
AUTH:
					 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 12.11.67 - Madison River Recreation Management › Rule 12.11.6702 - WALK/WADE SECTIONS OF MADISON RIVER

Current through Register Vol. 13, July 5, 2024
(1)
				Fishing from a boat or vessel is prohibited from the outlet of Quake Lake to
				Lyons Bridge.
(2) Fishing from a
				boat or vessel is prohibited from Ennis Bridge to Ennis Reservoir.
(3) ARM 12.11.6702 will be implemented as a
				trial program in January 1, 2022 unless adjusted by the work group as
				prescribed in ARM 12.11.6710.
(4)
				The commission will review ARM 12.11.6702 in 2023 as prescribed by ARM
				12.11.6711.
AUTH:
					 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 12.11.67 - Madison River Recreation Management › Rule 12.11.6705 - MADISON RIVER COMMERCIAL USE CAP

Current through Register Vol. 13, July 5, 2024
(1) Fishing
				outfitters and guides may only operate on the Madison River as long as they
				have a Madison River Special Recreation Permit and trips allotted them as
				provided by these rules.
(2) The
				total number of fishing outfitting and guided trips per individual outfitter
				and guide is capped at the number of trips reported in 2019 or 2020, whichever
				is higher.
(3) ARM 12.11.6705 will
				be implemented upon adoption of:
(a) an
				allocation method; or
(b) a
				comprehensive river plan and rule package.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.67 - Madison River Recreation Management › Rule 12.11.6706 - REST/ROTATION OF MADISON RIVER COMMERCIAL USE (REPEALED)

Current through Register Vol. 13, July 5, 2024
AUTH:
					 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 12.11.67 - Madison River Recreation Management › Rule 12.11.6710 - MADISON RIVER WORK GROUP

Current through Register Vol. 13, July 5, 2024
(1) The commission
				shall develop the membership of and appoint a Madison River Work Group. The
				work group will consist of:
(a) three
				commercial outfitters with a current Madison River Special Recreational Use
				Permit;
(b) three non-commercial
				Madison River users;
(c) two
				individuals with a Madison Valley business interest not connected to commercial
				outfitting;
(d) one member trained
				in natural resources management and not currently working for the Department of
				Fish, Wildlife and Parks;
(e) one
				representative from the Fish and Wildlife Commission;
(f) one representative from the Bureau of
				Land Management; and
(g) one
				at-large member whose selected qualities are largely outside the above
				descriptions for other work group members.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.67 - Madison River Recreation Management › Rule 12.11.6711 - REVIEW OF RECREATION RULES FOR MADISON RIVER

Current through Register Vol. 13, July 5, 2024
(1) The commission shall review:
(a) ARM 12.11.6702, 12.11.6705, and
				12.11.6706 in 2023; and
(b) the
				rules governing recreational use on the Madison River every five years
				beginning in 2024.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.11 - RECREATIONAL WATER USE › Subchapter 12.11.67 - Madison River Recreation Management › Rule 12.11.6715 - LIMIT DEVELOPMENT ON MADISON RIVER

Current through Register Vol. 13, July 5, 2024
(1)
				Any department acquisition for a fishing access site below Greycliff Fishing
				Access Site made after January 2, 2021, will be designated as carry-in only
				without boat ramp development.
AUTH:
					 87-1-303,
					 MCA; IMP:
					 87-1-303,MCA
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.14 - COMMERCIAL USE › Subchapter 12.14.1 - Commercial Use Permitting Requirements › Rule 12.14.105 - APPLICABILITY OF COMMERCIAL USE RULES

Current through Register Vol. 13, July 5, 2024
(1) The
				following rules shall govern commercial use, as defined in ARM
				12.14.101, that occurs on
				department land and restricted waterbodies.
(2) The department may apply these rules to
				leased lands and easements when specific terms, conditions, contracts, or
				agreements authorize the department to manage use of these lands.
(3) Noncompliance with the commercial use
				rules constitutes a violation of commission and board rules and regulations and
				as such may be punishable by citation and suspension or revocation of
				commercial use privileges at department sites.
23-1-105,
					 23-1-106,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-1-105,
					 23-1-106,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.14 - COMMERCIAL USE › Subchapter 12.14.1 - Commercial Use Permitting Requirements › Rule 12.14.110 - EXCEPTIONS TO APPLICABILITY OF COMMERCIAL USE RULES

Current through Register Vol. 13, July 5, 2024
(1) These commercial use rules do not apply
				to commercial activities or uses that are initiated or invited by the
				department for the purpose of manipulating, enhancing, or otherwise improving
				the habitat of a site. Such uses shall continue to be governed by the
				department's land lease-out policy. Examples include but are not limited to
				livestock grazing, farming, haying, fencing, and timber harvest.
(2) These commercial use rules do not apply
				to the leasing of department land for communication towers, utility easements,
				and granting of right-of-way. These types of commercial use shall continue to
				be governed by the department's land lease-out policy.
(3) These commercial use rules do not apply
				to the leasing of department oil and gas reserves. These uses shall continue to
				be governed by the department's oil and gas reserves leasing policy.
(4) These commercial use rules do not apply
				to the transferring of vehicles or people to or from a department
				site.
(5) These commercial use
				rules do not apply to the collection of antlers.
(6) These commercial use rules do not apply
				to trapping or commercial activities under Title 87, chapter 4, parts 2 through
				10, MCA (taxidermists, fur dealers, alternative livestock, shooting preserves,
				fish ponds, sale of game, menageries and zoos, game bird farms, and fur farms),
				except commercial dog training and field trials conducted for commercial
				purposes.
(7) These commercial use
				rules do not apply to the press or the news media when photographing, filming,
				or reporting on activities that occur on department land.
(8) These commercial use rules do not apply
				to consignment sales when the department sells merchandise on behalf of a
				business and a portion of the revenue is allocated to the department.
(9) These commercial use rules do not apply
				to commercial activities or uses that are initiated or invited by the
				department for the purpose of addressing public safety concerns. Examples
				include but are not limited to hazardous tree removal and fuel reduction
				efforts to reduce fire danger.
(10)
				These commercial use rules do not apply to fishing tournaments conducted by
				nonprofit organizations.
(11) These
				commercial use rules do not apply to an individual photographer or videographer
				operating on his or her own without the use of models, props, crew members, or
				clients.
(12) These commercial use
				rules do not apply to block management lands.
(13) These rules do not apply to concession
				contracts as described in ARM
				12.14.155.
23-1-105,
					 23-1-106,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-1-105,
					 23-1-106,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.14 - COMMERCIAL USE › Subchapter 12.14.1 - Commercial Use Permitting Requirements › Rule 12.14.115 - GENERAL POLICY

Current through Register Vol. 13, July 5, 2024
(1) Department land
				belongs to the people of Montana and is managed by the department in trust for
				the benefit of current and future generations of the people. The department's
				responsibilities include maintaining or enhancing the fish, wildlife, natural,
				cultural, park, and recreational resources for public benefit.
(2) Some types of commercial use can help the
				department to achieve its resource and visitor use management goals, provide
				desired services and amenities to the public, and create economic benefits to
				nearby communities. Commercial use must be properly managed to protect the
				safety of visitors, prevent or minimize conflicts with the public, prevent
				adverse impacts to natural and cultural resources, and other intended purposes
				of a site.
(3) Commercial use on
				department land is a privilege, not a right. Authorization to conduct
				commercial use may be denied, amended, suspended, or revoked at any time for
				cause. Historical commercial use of a site does not convey a right to conduct
				commercial use in the future. If it becomes necessary to ration and allocate
				commercial use, the department is not required to allocate opportunities based
				on historical use of a site.
(4)
				The department may prohibit, restrict, condition, or otherwise manage
				commercial use, including placing stipulations on the type, timing, location,
				duration, and quantity of commercial use. Reasons for prohibiting, restricting,
				conditioning, or otherwise managing commercial use include but are not limited
				to:
(a) protecting resources or mitigating
				impacts to resources;
(b)
				preventing or minimizing conflicts with the intended purpose for which the
				department acquired, maintains, or manages a site;
(c) preserving the public's ability to
				recreate on or otherwise use a site;
(d) providing for the public's safety and
				welfare; or
(e) other purposes
				identified by the department.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.14 - COMMERCIAL USE › Subchapter 12.14.1 - Commercial Use Permitting Requirements › Rule 12.14.120 - COMMERCIAL USE PERMITS

Current through Register Vol. 13, July 5, 2024
(1) A permit is
				required in advance to conduct commercial use on land under the control,
				administration, and jurisdiction of the department.
(2) The department administers two types of
				commercial use permits:
(a) fishing access
				site permit; and
(b) restricted use
				permit.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.14 - COMMERCIAL USE › Subchapter 12.14.1 - Commercial Use Permitting Requirements › Rule 12.14.121 - SUSPENSION OR REVOCATION OF PERMIT

Current through Register Vol. 13, July 5, 2024
(1) A
				commercial use permit is not a property right and may be suspended or revoked
				for cause.
(2) The department may
				suspend a permit for up to six months. When a permit is suspended, the permit
				holder may not conduct commercial use authorized by the permit during the
				period of the suspension. The department shall determine the duration of the
				suspension, including when the suspension shall go into effect, based on the
				severity of the violations.
(3)
				Causes for suspending a permit include:
(a)
				willful, purposeful, or negligent violation of the commercial use rules or
				specific river use rules;
(b)
				willful, purposeful or negligent falsification of use records;
(c) willful, purposeful or negligent failure
				to comply with the terms of the permit;
(d) acts that negatively limit the
				opportunities or use by the general public of resources covered under the
				permit;
(e) acts that are harmful
				to natural resource values; and
(f) acts that endanger the health, safety,
				and welfare of the public.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.14 - COMMERCIAL USE › Subchapter 12.14.1 - Commercial Use Permitting Requirements › Rule 12.14.125 - FISHING ACCESS SITE PERMIT

Current through Register Vol. 13, July 5, 2024
(1) An outfitter or
				water-based service provider must possess and have on their person a valid
				fishing access site permit when conducting commercial use at fishing access
				sites. An outfitter or water-based service provider with a valid commercial use
				permit for a restricted water body does not need a fishing access site permit
				to conduct commercial use at fishing access sites that provide access to that
				restricted water body.
(2) A guide
				or person conducting work for a water-based service provider must possess and
				have on their person a valid fishing access site permit when conducting
				commercial use at fishing access sites.
(3) The department may issue a commercial use
				site permit that authorizes an outfitter or water-based service provider to
				conduct commercial use at any fishing access site in the state that provides
				access to a nonrestricted water body. Such permits shall be referred to as
				fishing access site permits.
(4)
				The department may issue a fishing access site permit that authorizes a guide
				or outfitter's assistant, operating under the authority of an outfitter, or a
				person conducting work for a water-based service provider, to conduct
				commercial use at any fishing access site for which the outfitter or
				water-based service provider is authorized to conduct use.
(5) A fishing access site permit is valid for
				the time period specified on the permit.
23-1-105,
					 23-1-106,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-1-105,
					 23-1-106,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.14 - COMMERCIAL USE › Subchapter 12.14.1 - Commercial Use Permitting Requirements › Rule 12.14.130 - COMMERCIAL USE PERMIT: APPLICATION PROCESS

Current through Register Vol. 13, July 5, 2024
(1)
				A commercial use permit application must be submitted to the regional office
				that oversees the site or sites where the use will occur. If use is proposed
				for sites located in more than one department administrative region, the
				application may be submitted to one of the regional offices and the department
				may issue a single permit to authorize the use.
(2) The completed application shall be
				submitted at least 45 days before the use is intended to begin unless
				authorized by the department.
(3)
				The department will process complete applications. The department may require
				additional time to process an application if the department determines that an
				environmental analysis is required.
(4) A fishing access site permit may be
				obtained at a department regional office or through the department's internet
				licensing system so long as the applicant provides the required application
				information and remits the required permit fee.
(5) The department requires the following
				when applying for a commercial use permit when applicable:
(a) a completed permit application
				form;
(b) an outfitter or guide
				license number if providing angling services;
(c) an automated license system
				number;
(d) permit fee;
(e) deposit or damage security bond;
(f) proof of insurance that the
				department judges sufficient to protect the public and the state of Montana
				from liability and property loss;
(g) proof of workers' compensation or an
				independent contractor exemption certificate;
(h) information explaining how the proposed
				use would benefit the public's resources or the public's enjoyment of the site;
				and
(i) other relevant information
				in sufficient detail to allow the department to evaluate the nature and impact
				of the proposed activity, including measures the applicant will use to prevent
				or mitigate adverse impacts.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.14 - COMMERCIAL USE › Subchapter 12.14.1 - Commercial Use Permitting Requirements › Rule 12.14.135 - FISHING ACCESS SITE PERMITTING DECISIONS (Repealed)

Current through Register Vol. 13, July 5, 2024
23-1-105,
					 23-1-106,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-1-105,
					 23-1-106,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.14 - COMMERCIAL USE › Subchapter 12.14.1 - Commercial Use Permitting Requirements › Rule 12.14.140 - RESTRICTED USE PERMIT (Repealed)

Current through Register Vol. 13, July 5, 2024
23-1-105,
					 23-1-106,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-1-105,
					 23-1-106,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.14 - COMMERCIAL USE › Subchapter 12.14.1 - Commercial Use Permitting Requirements › Rule 12.14.145 - RESTRICTED USE PERMIT: APPLICATION PROCESS (Repealed)

Current through Register Vol. 13, July 5, 2024
23-1-105,
					 23-1-106,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-1-105,
					 23-1-106,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.14 - COMMERCIAL USE › Subchapter 12.14.1 - Commercial Use Permitting Requirements › Rule 12.14.150 - COMMERCIAL USE PERMITTING DECISIONS

Current through Register Vol. 13, July 5, 2024
(1) The
				department has discretion over whether to issue a commercial use permit.
				Permitting decisions are based on the following factors to the extent that they
				are relevant:
(a) conformance with laws,
				rules, policies, management plans, and land use plans;
(b) conformance with strategic vision and
				goals for the department;
(c)
				contribution to the overall mission, goals, and objectives of the
				site;
(d) public safety;
(e) conflicts with other users in regard to
				type of use, timing, duration, location, site capacity, and other similar
				considerations;
(f) impacts to
				natural and cultural resources;
(g)
				extent to which the public interest is served;
(h) effects on adjacent land;
(i) whether in the past the applicant
				complied with the terms of his/her permit or other authorization from the
				department and other agencies;
(j)
				whether the department has the fiscal and human resources to administer the
				proposed use; and
(k) such other
				circumstances that the department finds appropriate.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.14 - COMMERCIAL USE › Subchapter 12.14.1 - Commercial Use Permitting Requirements › Rule 12.14.155 - CONCESSION CONTRACT

Current through Register Vol. 13, July 5, 2024
(1) The department
				shall waive the requirement to obtain a commercial use permit when the
				commercial use is authorized through a concession contract. The department may
				develop a concession contract to authorize a commercial business on department
				land when the department determines that the concession is needed to meet the
				management goals or enhance visitor experience for a specific site. Food and
				beverage concessions are generally not considered necessary for meeting the
				management goals for fishing access sites and wildlife management
				areas.
(2) The department shall
				honor the terms set forth in contracts established prior to the adoption of
				these rules. The department shall apply these rules when those contracts are
				renewed.
(3) When developing and
				administering concession contracts, the department shall follow the state
				purchasing and contracting guidelines.
23-1-105,
					 23-1-106,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-1-105,
					 23-1-106,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.14 - COMMERCIAL USE › Subchapter 12.14.1 - Commercial Use Permitting Requirements › Rule 12.14.160 - COMMERCIAL USE FEES

Current through Register Vol. 13, July 5, 2024
(1) The department
				may require payment of fees for conducting commercial use on department land.
				Commercial use fees for state parks shall be adopted by the board. Commercial
				use fees for all other department land shall be adopted by the commission. The
				department may establish concession contract fees separately on a case-by-case
				basis. The commission and board may adjust permit fees as necessary to reflect
				changes in costs and the market and in situations where the department has an
				agreement or joint-permit system with other agencies.
(2) The department may consider the following
				when selecting a fee system from the commercial use fee rules:
(a) the types of commercial use that occur at
				the site;
(b) the cost of
				administering the commercial use permit and monitoring the commercial use;
(c) the amount of revenue
				generated by the commercial use fee;
(d) the overall benefit of the commercial use
				to visitor enjoyment and experience;
(e) input from the commercial users;
(f) consistency with fee systems
				in place on other department land;
(g) consistency with other state and federal
				fee systems; and
(h) other factors
				identified by the department.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.14 - COMMERCIAL USE › Subchapter 12.14.1 - Commercial Use Permitting Requirements › Rule 12.14.165 - RATIONING AND ALLOCATION OF COMMERCIAL USE

Current through Register Vol. 13, July 5, 2024
(1)
				The department's statewide river recreation rules shall govern the rationing
				and allocation of commercial use on rivers, including fishing access sites that
				provide access to rivers.
(2) The
				department may recommend that the commission or board ration and allocate
				commercial use on department land that provides access to lakes, or department
				administrative site. The department may consider the following when making
				rationing and allocation recommendations to the commission or board:
(a) laws, rules, policies, management plans,
				and land use plans for the site;
(b) overall mission, goals, and objectives of
				the site;
(c) input from the
				public;
(d) public safety
				concerns;
(e) biological, natural,
				or cultural resource conditions;
(f) social conditions;
(g) use conflicts;
(h) past performance of commercial
				users;
(i) public demand for
				commercial use; and
(j) other
				factors as determined by the department.
Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.14 - COMMERCIAL USE › Subchapter 12.14.1 - Commercial Use Permitting Requirements › Rule 12.14.170 - COORDINATING WITH OTHER AGENCIES

Current through Register Vol. 13, July 5, 2024
(1) The
				department may design a commercial use permit system for a site in coordination
				with another agency so long as the permit system complies with department rules
				and regulations and the permitted commercial use is consistent with department
				restrictions on commercial use.
23-1-105,
					 23-1-106,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-1-105,
					 23-1-106,
					 87-1-303,
					 MCA;
Administrative Rules of Montana › Department 14 - GOVERNOR › Chapter 14.4 - OFFICE OF ECONOMIC DEVELOPMENT › Subchapter 14.4.1 - Business Workforce Training Grant › Rule 14.4.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
39-11-201, MCA; IMP,
					 39-11-201,
					 MCA;
Administrative Rules of Montana › Department 14 - GOVERNOR › Chapter 14.4 - OFFICE OF ECONOMIC DEVELOPMENT › Subchapter 14.4.1 - Business Workforce Training Grant › Rule 14.4.102 - GRANT APPLICATION PROCEDURE

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
39-11-201, MCA; IMP,
					 39-11-201,
					 MCA;
Administrative Rules of Montana › Department 14 - GOVERNOR › Chapter 14.4 - OFFICE OF ECONOMIC DEVELOPMENT › Subchapter 14.4.1 - Business Workforce Training Grant › Rule 14.4.103 - INCORPORATION BY REFERENCE OF RULES GOVERNING SUBMISSION AND REVIEW OF APPLICATIONS FOR GRANTS SUBMITTED TO COMMITTEE

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
39-11-201,
					 MCA;
Administrative Rules of Montana › Department 14 - GOVERNOR › Chapter 14.4 - OFFICE OF ECONOMIC DEVELOPMENT › Subchapter 14.4.1 - Business Workforce Training Grant › Rule 14.4.104 - GRANT AWARD CRITERIA

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
39-11-201, MCA; IMP,
					 39-11-201,
					 39-11-202,
					 MCA;
Administrative Rules of Montana › Department 14 - GOVERNOR › Chapter 14.4 - OFFICE OF ECONOMIC DEVELOPMENT › Subchapter 14.4.1 - Business Workforce Training Grant › Rule 14.4.105 - AUDIT CRITERIA

Current through Register Vol. 13, July 5, 2024
This Rule has been transferred
39-11-201, MCA; IMP,
					 39-11-201,
					 39-11-202,
					 MCA;
Administrative Rules of Montana › Department 14 - GOVERNOR › Chapter 14.4 - OFFICE OF ECONOMIC DEVELOPMENT › Subchapter 14.4.1 - Business Workforce Training Grant › Rule 14.4.106 - INCORPORATION BY REFERENCE OF RULES GOVERNING EMPLOYER WORKFORCE TRAINING CREDIT AS ADOPTED BY THE DEPARTMENT OF REVENUE (REPEALED)

Current through Register Vol. 13, July 5, 2024
39-11-201, MCA; IMP,
					 39-11-201,
					 39-11-202,
					 MCA;
Administrative Rules of Montana › Department 14 - GOVERNOR › Chapter 14.6 - SAGE GROUSE STEWARDSHIP › Subchapter 14.6.1 - Sage Grouse Stewardship Act › Rule 14.6.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
Unless the context clearly requires otherwise, to aid in the
				  implementation of the Montana Greater Sage-Grouse Stewardship Act and as used
				  in these rules:
(1) "Agency" for the
				purposes of the act means a department, agency, or instrumentality of the state
				of Montana; a political subdivision of the state; or a tribe. "Agency" is not a
				private individual, private entity, or private organization recognized by the
				laws of the state of Montana.
(2)
				"Department" means the Department of Natural Resources and
				Conservation.
(3) "HQT" means
				Habitat Quantification Tool, a geo-spatial based application designed to
				implement
				76-22-103(9),
				MCA, as documented in the Montana Mitigation System Habitat Quantification Tool
				Technical Manual for Greater Sage-Grouse.
(4) "Invasive weed" means a grass, forb,
				shrub, or tree (weed) listed on the Montana Invasive and Noxious Weed list or
				other weed designated by MSGOT as invasive and which has: a known quantifiable
				negative impact on the quality or quantity of general, core or connectivity
				sage grouse habitat; or negatively impacts sage grouse populations other than
				through habitat impacts.
(5) "Major
				Version" is a means to track revisions to the Montana Mitigation System Habitat
				Quantification Tool Technical Manual for Greater Sage-Grouse or Montana
				Mitigation System Policy Guidance for Greater Sage-Grouse. Major Versions are
				identified as 1.x, 2.x, 3.x, etc.
(6) "Minor Version" is a means to track
				routine inputs to the HQT made by the program to the Montana Mitigation System
				Habitat Quantification Tool Technical Manual for Greater Sage-Grouse or Montana
				Mitigation System Policy Guidance for Greater Sage-Grouse. Minor Versions are
				identified as x.1, x.2, x.3, etc. Examples of routine inputs include updates to
				Geographic Information System layers used in the HQT and editorial
				changes.
(7) "Mitigation Hierarchy
				or Sequence" means taking steps to:
(a) avoid
				impacts by not taking a certain action or parts of an action;
(b) minimize impacts by limiting the degree
				or magnitude of the action and its implementation;
(c) rectify impact by repairing,
				rehabilitating, or restoring the affected environment;
(d) reduce or eliminate the impact over time
				by preservation and maintenance operations during the life of the action; and
(e) compensate for impact by
				replacing or providing substitute resources or environments.
Administrative Rules of Montana › Department 14 - GOVERNOR › Chapter 14.6 - SAGE GROUSE STEWARDSHIP › Subchapter 14.6.1 - Sage Grouse Stewardship Act › Rule 14.6.102 - GRANTS

Current through Register Vol. 13, July 5, 2024
(1) An applicant shall file an application
				for a grant under Title 76, chapter 22, part 1, MCA, on a form approved by
				MSGOT. MSGOT shall publish grant application deadlines on the department's web
				site.
(2) Completed applications
				must be submitted with any supporting documentation through the online WebGrant
				tool on the department web page; or, by other means which MSGOT approves and
				establishes for submission of applications. Applications submitted by e-mail
				will not be accepted.
(3)
				Incomplete applications may be returned.
(4) Applications shall be evaluated at a
				regularly scheduled meeting of MSGOT.
(5) Evaluation of applications by MSGOT shall
				be in accordance with Title 76, chapter 22, part 1, MCA.
(6) Applicants for projects approved by MSGOT
				must enter into an agreement with the department and MSGOT prior to
				disbursement of funds from the Sage Grouse Stewardship Account.
(7) Grant recipients will be subject to
				project reporting requirements pursuant to the terms of the agreement.
(8) Monitoring and review of
				projects will be pursuant to the terms of the agreement.
(9) MSGOT will give greater priority to
				applications for conservation activities eligible for funding under
				76-22-110,
				MCA, which would be implemented in core areas. MSGOT may still consider funding
				conservation activities in general habitat and connectivity areas where high
				resource values for sage grouse exist and credits could be generated consistent
				with
				76-22-109,
				MCA.
AUTH:
					 76-22-104,
					 MCA; IMP:
					 76-22-105,
					 76-22-109,
					 76-22-110,
					 76-22-112,
					 76-22-118,
					 MCA
Administrative Rules of Montana › Department 14 - GOVERNOR › Chapter 14.6 - SAGE GROUSE STEWARDSHIP › Subchapter 14.6.1 - Sage Grouse Stewardship Act › Rule 14.6.103 - HABITAT QUANTIFICATION TOOL DESIGNATION

Current through Register Vol. 13, July 5, 2024
(1) Designation of major versions of the
				Montana Mitigation System Habitat Quantification Tool Technical Manual for
				Greater Sage-Grouse shall prompt the initiation of rulemaking to incorporate
				the new major version by reference.
(2) MSGOT shall review all proposed changes
				to major versions of its designated Montana Mitigation System Habitat
				Quantification Tool Technical Manual for Greater Sage-Grouse after a publicly
				announced MSGOT meeting and after accepting written and oral public
				comment.
(3) Minor versions of the
				Montana Mitigation System Habitat Quantification Tool Technical Manual for
				Greater Sage-Grouse shall be recorded by the program after a publicly announced
				meeting of the Montana Sage Grouse Oversight Team and after accepting public
				comment.
(4) Once the current
				Montana Mitigation System HQT has been applied to calculate the functional
				acres gained on a proposed mitigation site, or the functional acres lost on a
				proposed development site; the program has completed its review; and the
				project developer obtains the necessary state or federal permits, any
				subsequent versions of the HQT will not apply to the project except as provided
				in (b).
(a) Once the HQT has been applied to
				calculate the number of functional acres gained or lost for a project and MSGOT
				has approved, the number of calculated functional acres gained or lost will not
				be changed without written approval from every party to the mitigation
				transaction for the project, including, but not limited to:
(i) MSGOT;
(ii) the project developer; and
(iii) the credit provider.
Administrative Rules of Montana › Department 14 - GOVERNOR › Chapter 14.6 - SAGE GROUSE STEWARDSHIP › Subchapter 14.6.1 - Sage Grouse Stewardship Act › Rule 14.6.104 - COMPENSATORY MITIGATION SYSTEM

Current through Register Vol. 13, July 5, 2024
(1) The
				mitigation sequence is applicable to all activities within sage grouse core
				areas, general habitat and connectivity habitat subject to agency review,
				approval, or authorization including temporal impacts that are later rectified
				through reclamation and restoration activities, unless exempted by MSGOT.
(2) Designation of major versions
				of the Montana Mitigation System Policy Guidance for Greater Sage-Grouse shall
				prompt the initiation of rulemaking to incorporate the new major version by
				reference.
(3) MSGOT shall review
				major proposed changes to its designated Montana Mitigation System Policy
				Guidance for Greater Sage-Grouse after a publicly announced MSGOT meeting, and
				after accepting written and oral public comment.
(4) Minor versions of the Montana Mitigation
				System Policy Guidance for Greater Sage-Grouse shall be recorded by the
				program.
(5) The current version
				of the Montana Mitigation System Policy Guidance for Greater Sage-Grouse is the
				version made available to the public on the program's website. Past versions of
				the Montana Mitigation System Policy Guidance for Greater Sage-Grouse will be
				archived by the program.
(6) Once
				the current Montana Mitigation System Policy Guidance for Greater Sage-Grouse
				has been applied to calculate the credits of a proposed mitigation site, or the
				debits of a proposed development site; the program has completed its review;
				and the project developer obtains the necessary state or federal permits, any
				subsequent versions of the Montana Mitigation System Policy Guidance for
				Greater Sage-Grouse will not apply.
(7) Once the current Montana Mitigation
				System Policy Guidance for Greater Sage-Grouse has been applied to calculate
				credits or debits:
(a) the number of
				calculated credits or debits will not be changed without written approval from
				all affected parties, including, but not limited to:
(i) MSGOT;
(ii) the project developer;
(iii) the credit provider; or
(iv) any affected third parties; and