Two rules changing how anglers can fish an upper stretch of the Madison River will go into effect in January despite a working group’s attempts to reverse the action.
The recently formed Madison River Work Group unanimously opposed a revision to fishing regulations approved by the previous Fish and Wildlife Commission in 2020.
Out of 300 questionnaires distributed to anglers using the upper Madison, 99% of respondents opposed the new rule, Hugh Zackheim told the commission. The number-one concern was conflict between wade anglers and boaters.
In order for the measure to be reversed, however, the rulemaking process has to be followed. To meet those deadlines, set by the Montana Secretary of State, means the rule will go into effect before the current commission can annul the regulations.
To those uninitiated to the state’s rulemaking process the proceedings may seem about as clear as muddy spring runoff.
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Under Montana’s 2021 regulations, fishing from boats was not allowed on the Madison River between the Quake Lake outlet downstream to Lyons Bridge. Under the new rule, fishing from a boat would have been allowed in a portion of that water – from Raynolds Pass fishing access site to Lyons Bridge – on Saturdays and Sundays from June 15 to Sept. 30 under a trial program.
Another rule would have prohibited outfitters and guides from conducting business between June 15 and Sept. 30 between Lyons Bridge and Palisades day use area on Sundays and from Raynolds Pass FAS to Lyons Bridge on Saturdays.
The new rules were created in an attempt to reduce boating and angler traffic on one of the busiest rivers in the state.
Fish and Wildlife Commission member K.C. Walsh, who represents Region 4 in Great Falls, said that opening up the upper section to boats for the first time in 30 years generated a lot of public opposition. He also said the Raynolds Pass FAS is currently not capable of handling an increase in boat/trailer traffic that would likely be generated.
To repeal the rule, Montana Fish, Wildlife & Parks has to file a request with the secretary of state’s office, which can only be done twice each month, explained Becky Dockter, FWP’s chief legal counsel. Then the agency has to allow 30 days for public comment. Given the timeline, the earliest the commission could address the repeal would be after their scheduled meeting in December.
To further complicate the issue, fishing regulations for 2022 would go to press in early January, likely with the soon-to-be-repealed rule published.
Eileen Ryce, FWP Fisheries administrator, said that wouldn’t be a problem. The regulation could be printed with an asterisk noting the possible change and signage could be erected at fishing access sites along the river. In addition, the correct regulations could be posted to FWP’s website when they are finalized.
