Montana § 23-2-408 - Rulemaking Authority

§ 23-2-408. Rulemaking Authority

Rulemaking authority. (1) The board has authority to provide for the administration of the Smith River waterway. The board may adopt rules to: (a) regulate and allocate recreational and commercial floating and camping to preserve the biological and social benefits of recreational and commercial use of the Smith River waterway in its natural state. Recreational use may be restricted to preserve the experience of floating, fishing, and camping in a natural environment and to protect the river's fish, wildlife, water, and canyon resources. The restrictions must: (i) consider the tolerance of adjacent landowners to recreational use; (ii) consider the capability of the river and adjoining lands to accommodate floating and camping use; and (iii) ensure an acceptable level of user satisfaction, including minimizing user conflicts and providing for a level of solitude. (b) restrict recreational use, if necessary, through the implementation of a permit system. An allocation of a portion of the permits may be made to licensed outfitters to preserve the availability of outfitting services to the public. The number of permits that can be purchased by nonresidents pursuant to this section may not exceed 10% of the available permits. (c) regulate the activities of recreational and commercial users of the water and land in the Smith River waterway that are legally accessible to the public and regulate the land in the river corridor that is under the control of the department and the board: (i) for the purposes of safety, health, and protection of property; (ii) to preserve the experience of floating, fishing, and camping in a natural environment; (iii) to protect the river's fish, wildlife, water, and canyon resources; and (iv) to minimize conflicts between recreationists and private landowners; and (d) establish recreational and commercial user fees for floating and camping on the Smith River waterway. (2) The board shall adopt rules to establish and implement a bonus point system for residents and nonresidents.