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Montana Administrative Register Notice 12-369 No. 14   07/28/2011    
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                                      BEFORE THE FISH, WILDLIFE AND PARKS COMMISSION

                                                                OF THE STATE OF MONTANA

 

In the matter of the repeal of a temporary emergency rule closing the Belt Creek within Sluice Boxes State Park from Logging Creek Bridge to Riceville Bridge in Cascade County

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NOTICE OF REPEAL OF A TEMPORARY EMERGENCY RULE

 

TO:  All Concerned Persons

 

            1.         On May 23, 2011 the Fish, Wildlife and Parks Commission (commission) adopted a temporary emergency rule closing Belt Creek within Sluice Boxes State Park from Logging Creek Bridge to Riceville Bridge in Cascade County, published at page 1033 of the 2011 Montana Administrative Register, Issue No. 11.  Belt Creek was closed due to high water flows that created large rapids, boils, and eddies creating dangerous boating conditions.  This situation constituted an imminent peril to the public health, safety, and welfare of anyone recreating on the creek.

 

            2.         As conditions have substantially changed and public safety is no longer an issue, the temporary emergency rule closing Belt Creek within Sluice Boxes State Park from Logging Creek Bridge to Riceville Bridge in Cascade County, MAR Notice No. 12-369, is no longer necessary.  As this situation no longer constitutes an imminent peril to public health, safety, and welfare, the department is repealing the rule.  The repeal of the rule will be sent as a press release to newspapers throughout the state.  Also, signs informing the public of the closure will be removed at access points.  The repeal notice will be sent to interested parties, and published in Issue No. 14 of the 2011 Montana Administrative Register.

 

            3.         The repeal of the temporary emergency rule is effective July 8, 2011.

 

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

 

/s/ Joe Maurier

Joe Maurier, Secretary

Fish, Wildlife and Parks Commission

/s/ William A. Schenk

William A. Schenk

Rule Reviewer

 

Certified to the Secretary of State July 8, 2011.

 

 

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