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Montana FWP Commission
Calls for Public Scoping on
Motorboating Regulations

Background

Solutions Discussed Previously

A Case Study -- Thompson Chain of Lakes

Current Montana Regulation Summary

Provide Input

The material below originally was published as hard copy by the MDFWP.

Background

During their Dec.16, 1999 work session, the FWP Commission (link opens in new window) agreed that the Department should initiate scoping of issues related to use of motorized watercraft on state waters and potential ways to resolve those issues. The purpose of this scoping is to provide the Commission with information they can use to begin to frame statewide policies or regulations, if necessary, to address use of motorized watercraft under their expanded statutory authority. Prior to beginning a rule making process (ARM), the Commission directed the Department to determine:

  • The issues surrounding boating use.
  • The level and nature of motorized conflicts.
  • The public desire and possible methods to help reduce the conflicts of today and of the future.

The Commission further directed the agency to summarize possible solutions that other states are using or that have been previously suggested by the public and to share those ideas with the public during the scoping phase of the rule making process.

The Commission stated their desire to comprehensively address issues relating to motorized watercraft on all Montana waters. The Commission further noted that they are not receptive to any further petitions for action on individual bodies of water until a statewide process has been reviewed.

The Commission desires the agency to complete public scoping by March 2000. The Commission will consider the results of the scoping at their March meeting in Helena and, if appropriate, initiate the formal Administrative Rule amendment procedures at that time.

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Solutions Previously Discussed

 FWP has worked with a number of citizen advisory committees in Montana during the past few years to address specific water use issues. Through this input and general public comments, a number of possible solutions have come to light. These include:

Most frequently received solutions:

  • Implement no-wake speed zones within certain distances from shore.
  • Restrict or prohibit the use of motorized craft, or certain types of motorized craft, based on the size of the water body.

Additional solutions received:

  • Restrict motorized or certain types of motorized craft on an hourly basis, e.g. PWC could only be used between 10 a.m. and 6 p.m.
  • Restrict motorized or certain types of motorized craft on a daily or seasonal basis e.g. PWC could only be used in July and August.
  • Restrict motorized or certain types of motorized craft to only man-made reservoirs, e.g. restrict usage of natural lakes or free flowing streams.
  • Establish distances from shore lines for use of motorized craft.
  • Establish appropriate rules on a lake by lake or river by river basis.
  • Prohibit PWC from operating on any waters of the state.
  • Do not implement any restrictions on any waters.
  • Only address restrictions on a case by case basis after the FWP commission is petitioned for a change in use.
  • Add additional restriction for persons renting motorized watercraft.
  • Require all motorboat operators to complete a user safety/education course, similar to the motorcycle endorsement on drivers 1 licenses.
  • Restrict direction of travel.
  • Limit horsepower of boat motors on certain waters.
  • Implement speed limits and no-wake zones on certain water.

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A Case Study -- Thompson Chain of Lakes

The Thompson Chain of Lakes (TCL) is a 3,000-acre Fishing Access Site managed by FWP. The site, located between Kalispell and Libby, includes more than 20 lakes. It is a very popular area for a wide variety of boating and recreational uses.

With increasing visitation, water use conflicts and issues relating to loon nesting have grown at the TCL. FWP approved new rules for TCL no-wake lakes which went into effect in December 1998. New statewide PWC rules were also enacted.

In 1999, FWP conducted intensive patrols of the area to inform visitors of the new regulations. FWP also conducted an intensive survey of users in the area to learn of their reaction to the new rules. The survey was taken in August and September 1999. Interviewers completed 204 interviews with water users and lakeshore owners.

Results of the survey included:

  • Montana residents made up the bulk of the boaters.
  • About one-third of the recreationists were aware of either of the new regulations; most homeowners were aware.
  • Between 50-60 percent of those contacted believed that boaters comply with the new rules; 40-50 percent felt that personal watercraft users complied.
  • More than half of those contacted agreed that the new rules increased safety, resource protection, and boating conflicts; many people did not know; less than 10 percent disagreed.
  • Nearly everyone approved of the new regulations (recreationists, 96 percent; homeowners, 80 per cent).

Overall, approval of the regulations was very strong. Most people were willing to accept no-wake rules if there is a rationale, and if combined with education and enforcement. The rules are more likely to be opposed by some people who live on along the affected lakes.

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Summary of Current Montana Regulations

The following is a summary of state laws and administrative rules relating to boating. [The MDFWP's web site has a section on boating regulations.]

Motorboat and Personal W Watercraft (PWC):

  • Motor noise must not exceed 86 decibels at 50 feet or 90 dbl at 1 meter [39.37 inches].
  • Children 12 years and younger must have someone 18 years or older to operate a craft over 10 horse power.
  • Children 13-14 must have a motorboat operators' certificate or have an 18 year old present to operate a craft over 10 horse power.
  • A person 15 years of age and older may operate any craft.
  • A person must be 18 years old to rent a craft greater than 10 horse power.
  • Water skiers must remain 50 feet from swimmer or swim area.
  • All boats must remain:
  • 20 feet from swim area;
  • 75 feet from a person hunting or fishing;
  • 200 feet from a diver down flag.
  • All motorized watercraft must remain more than 100 yards from vessel or skier while crossing a wake.
  • No one may operate a motorcraft while under the influence of alcohol.
  • All craft must have a PFD for everyone aboard.
  • All children 12 and under must wear a PFD.

Personal Watercraft (PWC):

  • PWC must remain no-wake within 200 feet of a dock, swimmer, swimming raft, non-motorized boat or anchored vessel on a lake or river.
  • PWC prohibited on the Missouri River from its head- waters near Three Forks to Pruit Creek.

Other specific water body regulations are listed in the Montana Fishing Regulations (Pages 65-75) and in the FWP publication Montana Boating Laws (Pages 20-29).

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Providing Input

The department seeks responses to the following:

(1) Do you believe that a problem exists with motorized use of Montana's waters?

(2) If so, what specifically are your concerns?

(3) What solutions would you propose to address these problems?

(4) Please list any other comments you have on this issue.

Optional. Do you want to be included on a mailing list regarding this issue? Yes or No.


Please send your input to the MDFWP, 490 N. Meridian RD, Kalispell, MT 59901, by Friday, 18 February 2000.

Formatted questionnaire for printing (PDF 17K)

Submit comments to the Region 1 headquarters by email: fwprg1@state.mt.us

Contact Charlie Decker, FWP Commissioner for Region 1 (opens in new page).

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