Commission rejects Whitefish River motor ban

A year-round nonmotorized designation for a stretch of the Whitefish River has been rejected by the state Wildlife and Parks Commission. Instead, a proposed seasonal closure of the waterway to motor boats will go out for public review.

A 2-2 tie vote by the commission on Thursday in Helena was enough to deny a petition from the city of Whitefish that sought to restrict the river to electric motors or manually powered vessels from the BNSF train trestle to the JP Road bridge.

A second motion passed that proposes a seasonal closure to motor boats on the stretch of river from July 5 to Sept. 30. Fish, Wildlife and Parks will take public comment on the seasonal closure and the commission will vote on the matter at a later meeting.

A no-wake restriction on the stretch of river has been in place since 1989.

The city argues a nonmotorized waterway will help address resource damage and safety issues. They also say its in alignment with the social desires of the community to create a unique place for nonmotorized recreation.

However, local FWP officials argue the current no-wake rule adequately limits resource damage, keeps the river safe, maintains the historic use of motorized boats, and provides a good alternative for nonmotorized and small vessels.

FWP Warden Captain Lee Anderson told the commission he recently toured the river and saw no signs of erosion or resource damage.

“The number of motor boats using the river is low and they’re doing so at a no-wake speed,” he said.

He added that there haven’t been any boating accidents reported on the waterway.

“People do violate the current no-wake rule, but it doesn’t happen at a significant level,” he said. “If it were a problem, we’d be getting complaints.”

Anderson told the commission his office took more than 200 public comments on the nonmotorized proposal. With a near 50-50 split for and against, they crafted the seasonal closure as a compromise.

Jim Satterfield of the local FWP office noted that changing an allowed use on a waterway is typically a controversial topic.

“Because we have a diverse array of public uses, I’m not surprised comment was virtually evenly split,” he said. “We tried to come up with the best way to manage the resource.”

Commission chairman Dan Vermillion on Thursday originally motioned to adopt the city’s nonmotorized plan, noting that it received unanimous support from city council.

“When I see a unanimous decision in support, I find it compelling,” he said. “Whitefish is trying to develop a robust tourist economy. The city is asking for us to work with them in the best interest of the community.”

Other commissioners, however, were concerned about the impact the nonmotorized plan would have on homeowners along the river by taking away a traditional use.

City Manager Chuck Stearns estimated there are about 25-30 homes along the stretch of river.

After Vermillion’s motion failed in a tie vote, he motioned to extend public comment on the season closure.

“As public comment goes forward, it’s possible that the original [nonmotorized] proposal is still a part of the discussion,” he said.

A number of Whitefish residents spoke against the nonmotorized restriction during Thursday’s meeting.

Longtime resident Leonard Howke lives on the river and uses a motor boat to access fishing and Whitefish Lake.

“Last year I caught six species of fish,” he told commissioners. “I take the kids up the river fishing. I’m 72 and can’t paddle like I used to.”

Kurt Lewis said he’s fished the Whitefish River for 20 years.

“Some leave their houses and go downstream to waterfowl hunt,” he noted. “[The nonmotorized plan] is not only taking away fishing, but taking away access to hunting.”

It was noted that it is illegal to use firearms within city limits, but there are some hunting opportunities downstream of the JP Road bridge.

Whitefish Mayor John Muhlfeld told commissioners that local residents “overwhelmingly” supported the nonmotorized plan during a public hearing held in April. He said the city doesn’t support the alternative seasonal closure.

Muhlfeld said the city has already compromised its proposal by allowing electric motors and by limiting the nonmotorized area to the stretch of river through town. He said the area encompasses about 30 acres of water, compared to the 3,000 acres on Whitefish Lake where motor boats dominate the landscape.

Stearns told commissioners that any concerns about the nonmotorized proposal raised during public comment are addressed by allowing electric motors.

“It completely accommodates historic uses,” he said.