The agenda for the Commission's upcoming meeting on April 15th in Billings (see the "Fisheries Division" section).

Transcription

1 Glenda Wiles From: Sent: To: Cc: Subject: Attachments: Importance: Rose, Sharon Friday, April 10,2015 3:33 PM Rose, Sharon Rose, Sharon Proposed Bitterroot River Rule--F&W Commission Meeting & FWP Recommendation F&W Commission Agenda, pdf; F&W Commission Cover Sheet, pdf; Comments Analysis for Bitterroot River Rule.docx High Dear interested citizen: Please see the attached information regarding FWP's proposed "Annual Rule Providing Criteria for Possible Closure near the Supply Ditch on the Bitterroot River." (This relates to a stretch of the Bitterroot River from Woodside Bridge Fishing Access Site [FAS] downstream to Tucker Crossing FAS, all in Ravalli County.) FWP is recommending that the Fish &Wildlife Commission (Commission) approve FWP's proposed rule, which sets up criteria for possibly closing the stretch of river (from Woodside FAS to Tucker FAS) to floating and boating for user safety during runoff-until flows fall below 4,000 cubic feet-per-second at the USGS Missoula Gauge or until July 10, 2015, whichever occurs first. Attachments: The agenda for the Commission's upcoming meeting on April 15th in Billings (see the "Fisheries Division" section). The cover sheet summarizing FWP's proposal to the Commission regarding the proposed rule. A comments analysis for the comments FWP received during its recent public comment process for public input on the proposed rule. Sharon Rose Comments Coordinator, Region 2 Montana Fish, Wildlife & Parks 3201 Spurgin Rd., Missoula, MT Fax shrose@mt.gov

2 Montana fish SfWiCMfe Commission MEETING AGENDA FWP Region 5 Headquarters ~ 2300 Lake Elmo Drive ~ Billings, MT Times May Vary As Much As One Hour- Earlier or Later April 15,2015-8:30 A.M. 8:30 A.M.. Call to Order and Administrative Items *y Call to Order and Pledge ofallegiance *y Approval of Minutes of March 12, 2015 Commission Meeting and March 23, 2015 Teleconference Meeting y Approval ofcommission Expenses *y Commission Reports *y Director's Report 9:00 A.M. Enforcement Division y Proposed ARM For Recreational Use on Silver Lake - Final 9:45 A.M. Fisheries Division 'Y1 Paddlefish Roe and Advisory Committee Authorizations- Final *y Annual Rule Providing Criteria for Possible Closure nearsupply Ditch on the Bitterroot River- Final 10:35 A.M. ~~ Wildlife Division T 2015 Mountain Goat Quotas Outside Biennial Quota Ranges - Proposed 'Y Mountain Lion Quotas- Proposed *y Bighorn SheepTransplants- Endorsement y Threemile WMA Forest Treatment Project - Final 'Y* 2015 Grazing and Sharecrop Leases- Final R4 - Ear Mountain WMA Salmond Ranch Grazing lease R4 - Beckman WMA Grazing Lease R7 - Amelia Island Farming Lease R7 - Elk Island Farming Lease R7 - Isaac Homestead Farming Lease 12:35 P.M. Public Comment - For Issues Not On This Agenda NOTICE: The Commission may take action on allmatters specifically noticed onthis agenda. Extensive opportunity is providedfor public comment onhunting, fishing andtrapping regulations. As a matter ofequity for citizens whocannot attendcommission meetings, when makingfinal decisions ontheseregulations, the Commission willnotopenpublic commentunless a significantamendmentto the tentativeproposalis broughtforth by the Commission or Department. Comments will be limited to the amendment only. The Department ensures its meetings arefully accessible topersons with disabilities and ifspecialaccommodations are needed, contact ColeenFurthmyre at

3 Recognizing the FWP does not want to close the river, R2 has taken the following steps to avoid closure of the Bitterroot River from Woodside FAS to Tucker Crossing FAS: 1. Staff has been assigned to monitor an alternate channel that would provide a safe route around the dam. 2. Signage at access points is being improved. Aneven larger sign is going in at Woodside FAS to further warn users. Also preparing signs for directing people to the west channel if it becomes available. 3. Staff has been assigned (as available) to be present at Woodside FAS (the last access before the problematic dam) to make contact with people and educate them on the dangers of this diversion dam before they commit to this stretch of river. 4. Staff is reaching out to outfitters for information on conditions of the river and alternate channels. PUBLIC COMMENT SUMMARY (organizations count as 1 comment each) Support - (27%) 20 of 73 total comments Organizations that support the ability to close this section of the river during unsafe conditions: Ravalli County Search and Rescue Bitterroot Trout Unlimited Fishing Outfitters Association of Montana (FOAM) Supply Ditch Irrigation Association The following themes emerged from analysis of all public comment supporting the ability to close the river. Multiple themes may have been present in one comment: Public Safety (100% of total support comments). Dangerous for rescue personnel (15% of total support comments). Diversion is difficult to negotiate (15% of total support comments). Man made structure makes closure OK(10% of total support comments). Closing it is necessary until the dam is altered to allow safe boat passage (10% of total support comments).

4 Oppose- (73%) 53 of 73 total comments Organizations that oppose the ability to close the river: American Whitewater The following themes emerged from analysis of all public comment opposing the ability to close the river. Multiple themes may have been present in one comment. Sets a precedent to close rivers because they are dangerous/slippery slope (57% oftotal opposed comments). FWP has not investigated all alternatives to closing (better portage, more signs, other channels, making it illegal to go overthe dam (55% of total opposed comments). More education and signage is needed (55% of total opposed comments). Recreation is inherently dangerous and people should use at their own risk. (38% of total opposed comments). Punishes responsible boaters (the masses) and manages for irresponsible users (17% of total opposed comments). Closingthis stretch makes it seem like the rest of the river is safe (11% of total opposed comments). Closing is a misuse of public funds (4% oftotal opposed comments) Closing it will overburden other stretches ofthe Bitterroot (2% of total opposed comments). - Closing the riveris againstconstitutional rights (4% of total opposed comments)

5 FISH & WILDLIFE COMMISSIONAGENDA ITEM COVER SHEET Meeting Date: April Agenda Item: Annual Rule Providing Criteria for Possible Closure near Supply Ditch on the Bitterroot River Division: Fisheries Action Needed: Final Time Needed on Agenda for this Presentation: 15 Minutes Background In 2011, the Bitterroot River shifted flow into a new stream channel and over the Supply Ditch Diversion. The diversion now has a deceptive hydraulic that is dangerous to floaters. After 2011, accidents were reported, and FWP placed signs at access sites and on the river to advertise the danger. Despite educational efforts, several more accidents and one fatality occurred in Additional notice followed using signs and newspaper articles. There were no more accidents in 2013, but in spring 2014, at least two more accidents occurred and by April, FWP initiated an emergency rule closure for user safety on a five-mile section ofthe Bitterroot River, from Woodside Crossing FAS downstream to Tucker Crossing (West) FAS. The closure ran from April 11 to July 7 (86 days). The closure allowed FWP to install signs at more locations along the river and larger signs at appropriate FASs. There were no more accidents in 2014; however this year's situation remains unpredictable. FWP is taking steps to avoid closure but the potential need remains. Public Involvement Process & Results On Feb.12, the Commission proposed an annual rule to allow closing all or portions of the Bitterroot River for public safety. Public comment ran Feb. 13 to March 9, with a March 4 public hearing in Hamilton. FWP received 79 comments: 73 comments were relevant to the issue. Of those, 27 percent supported FWP ability to close the river if necessary. Proponents included Bitterroot Trout Unlimited, Fishing Outfitters Association of Montana, Ravalli County Search and Rescue, and the Supply Ditch Irrigation Association. Comments supporting this rule cited concerns for public and rescuer safety. Of the 73 percent not in support, most expressed concern about setting a river-closing precedent. Alternatives and Analysis Alternative 1: Adopt the rule to allow closure to floating and boating if needed. Closure may be needed if: (1) other channels are not available to get around the dam; and (2) high water washes away signs and/or alter conditions at the dam. FWP could close the river until more public information can be offered and other actions are taken to best ensure safety. Alternative 2: Do not adopt the rule; anyone may float the river stretch through high-water season. Agency Recommendation & Rationale FWP recommends adoption of the rule because FWP can't be certain outreach alone will adequately protect public safety: High flows may change river conditions and destroy signs; posted information may not accurately reflect rapidly changing conditions at the dam. The ability to close all or a portion of the river from Woodside to Tucker FAS would greatly enhance public awareness of this dangerous and potentially rapidly changing hazard. Any floating closure would be intended to best meet public safety objectives, white minimizing the length oftime and the length ofriver affected. Proposed Motion I move that the Commission adopt the annual rule to allow FWP to close the Bitterroot River to floating and boating for user safety from Woodside to Tucker FAS during runoff until flows fall below 4,000 cubic feet per second at the USGS Missoula Gauge, or until July 10, 2015, whichever occurs first.