By Michael Howell
The Montana Fish, Wildlife and Parks Commission took public comment at a meeting in Hamilton last week on proposed administrative rules restricting recreational and commercial use of the West Fork of the Bitterroot River and the Upper Bitterroot River. The proposed rules are intended to address concerns about congestion on the river and social conflicts between river users. The Department of Fish, Wildlife and Parks has drafted an environmental assessment for public input evaluating the environmental impacts of the proposed rule language in compliance with the Montana Environmental Policy Act (MEPA). The MEPA and rulemaking process are being done concurrently and all comments received will be considered for both the environmental assessment and rule proposal notice when making a final decision.
The process began after the department received 23 letters of concern about overcrowding and conflicts between floaters and wading fishermen. FWP officials decided to survey fishermen in the upper reaches of the river, seeking comment. An on-site survey was conducted and the results were fairly positive about the fishing experience. However, 14% of those surveyed did not identify themselves as outfitters or commercial floaters but 75% of them did. Most of the respondents said they had a favorable experience and did not mention overcrowding. But the fact that so few of the people answering the onsite survey were locals did raise the question as to potential displacement of local fishermen along that stretch of water.
As a result, FWP conducted further surveys in the attempt to reach these local fishermen. Two surveys were sent out in the mail to 3,000 licensed fishermen. Onefocused on the West Fork and the other on the Hannon FAS to Wally Crawford FAS section of the river.
On the West Fork surveys showed that 69% of frequent anglers are now spending significantly less time on the West Fork. 69% of those responding are wade fishermen. The top reasons given were too many outfitters, too many floaters, and too crowded.
In the Hannon to Wally Crawford survey, 74% of anglers said they were spending less time on the river. 34% of those comments were made by wade fishermen.
Based on the results of these surveys and following the FWP Commission rules on rule making, a Citizens Advisory Committee was formed. That committee met three times for a total of five days and came to consensus over the proposed rules. The committee was composed of 16 members, five of them outfitters.
The proposal would establish a permitting system for outfitters on the upper river and the West Fork. The agency is asking outfitters to provide information about their use of that stretch of river from 2014 through 2016. The permit is free to any outfitter who has used the river in that time frame. Once this information is collected and the permits issued, the system would be capped and no more permits will be issued. The river was broken into four stretches from Painted Rocks to Applebury, Applebury to the Job Corps, Job Corps to Hannon Memorial, and Hannon Memorial to Wally Crawford fishing access sites.
Outfitters will be restricted to two boat launches per day in each section. And each section will be closed to commercial floating on one day of the week from June 1 to September 15, so that wade fishermen may enjoy less disturbance.
Non-Commercial days are Friday on the section from Painted Rocks to Applebury; Saturday from Applebury to Job Corps; Sunday from Job Corps to Hannon Memorial; and Monday from Hannon Memorial to Wally Crawford. In addition the section from Painted Rocks to Applebury would be closed to all boaters with wade fishing only from July 1 to September 15.
The Forest Supervisor’s office in Hamilton, where the last week’s public meeting was held, was packed. There were lots of questions and plenty of comments. Many were in favor of the proposed rules, including outfitters who served on the committee, but many outfitters also expressed qualms and some criticism, even outfitters who served on the committee. Some questioned the ability of FWP to implement the rules and questioned whether they could be enforced. Some argued that the rules were not needed at all and wouldn’t accomplish the desired goals. Others complained about the “arbitrariness” of the division into sections.
Pat Saffel of FWP stated that it would mean an increased load for the agency and increased enforcement work, but he said the agency was up for it and could handle it. He said the agency also realizes that it will involve a big effort at public education and citizen involvement. Violators of the permit system could face misdemeanor criminal charges.
Copies of the EA are available online at fwp.mt.gov or at the Supervisor’s Office in Hamilton. Public comment is being accepted until 11:59 p.m. on October 13, 2017.
The Fish and Wildlife Commission will review public comment and make a final decision on the proposed rule language at its regularly scheduled meeting, December 7-8, 2017, in Helena.