Quiet waters proposal gets a negative review

A possible new rule that would severely curb boating and outlaw Jet Skis and personal watercraft on portions of the Flathead and Whitefish rivers got a big thumbs down at a public hearing Tuesday at Montana Fish, Wildlife and Parks headquarters in Kalispell.

The Quiet Water Petition was crafted by the Backcountry Hunters and Anglers last spring. Locally, it looks to ban personal watercraft on the Flathead River from the confluence of the South Fork South to the Highway 35 bridge. In addition, boats would be restricted to no wake from June 1 to Oct. 15.

On the Whitefish River, it proposes a no-wake speed from July 1 to Sept. 15 from JP Road downstream to the confluence of the Stillwater River and ban personal watercraft as well. All told, the rule proposes motorized restrictions on 17 Montana rivers and streams.

FWP previously recommended that the petition be denied, noting it already has regulations in place. But the FWP commission went ahead with the petition and crafted new rules based on it for public comment.

Last night’s public comment meeting was the first in a series held across the state. About 100 boaters, anglers and businessmen showed up. Only one person had a favorable opinion of the new rules, while everyone else was opposed.

Angler and guide Mike Howe read a letter from 18 area lawmakers opposing the new rule and was followed by a host of other opposition.

“This will greatly affect my business,” argued tackle maker Pete Keller, noting that he relies on motorized boat fishermen for his business. “We’re tired of having our rights impinged on.”

Fishermen and writer Warren Illi also opposed the measure, noting it was “totally unnecessary” and an “attempt by self-serving recreationists” to control the river.

Other boaters had trouble with the no-wake language. Some claimed the new regulation, if implemented, would require them to have two motors on their boats in certain waters, because of a 10 horsepower limit.

Mike Lopez, who works at Captain’s Marine in Kalispell said the whole matter should be tabled until later in the year, because many people who boat on area waters aren’t even here in the winter.

“I want my customers to have a say,” he said.

Ian Wargo of Columbia Falls opposed the measure as well.

“This is one sportsman’s group thumbing its nose at another,” he said.

Longtime Flathead County resident Henry Oldenburg said he didn’t know enough about it to support the Flathead River proposal or not, but he did say boat wakes were a problem on the family property along the Flathead River.

“I’m a chicken at a hawk convention,” he said. But he noted that the water is clear in the morning and muddies up by about 10:30 a.m. from silt sucked out of the rip-rap along the river. He said loudspeakers on boats are driving away wildlife and birds, including a pair of loons that used to nest near his place.

Noticeably absent from the hearing was anyone from the Backcountry Hunters and Anglers.

John Sullivan of Missoula, the Montana co-chair of BHA said he planned on attending, but he had an emergency with a dog, who had cut its neck accidentally. Contacted Monday, he said BHA is a grassroots organization with volunteer members. It has about 800 members in Montana and about 7,000 across the country.

“We’re all hunters, conservationists and fishermen,” he said.

He noted the group crafted the petition to regulate areas where there’s a high potential for conflict between floaters and motorized boat users. The no-wake rules, for example, he said, are limited to heavy-use months, where the potential for conflict with floaters is high.

He said he had nothing against jet boats and that they’re fun to ride, but in appropriate waterways.

But he did concede that people who support the measure seem unwilling to speak out, at least publicly, in favor of it.

“We had a real hard time getting people who support the proposal to be active with it,” he said.

The deadline for public comments has been extended to Feb. 12. Written data, views, or arguments may also be submitted to: Department of Fish, Wildlife and Parks, Attn: Quiet Waters Petition, P.O. Box 200701, Helena, Montana, 59620-0701; or e-mail QuietWaters@mt.gov.

The commission could make a ruling on all, or part of the new rules by April. But it could be later than that. Gov. Steve Bullock has to appoint and the state Senate has to approve, four new members of the five-panel board before any ruling could take place.

Links to the petition and rule are available at: http://fwp.mt.gov/news/publicNotices/rules/pn_0218.html