MISSOULA — After a weed crew hired by Powell County was filmed driving through the Blackfoot River, the state has fined the county for not getting the required permit.
Powell County issued a press release saying it had received a letter from the state of Montana on Aug. 11 informing the county commission of a violation of the Stream Protection Act.
The county had hired a contractor to spray weeds along the upper Blackfoot River. But on Aug. 4, in addition to spraying weeds along the riverbank, the contractor had driven an amphibious Sherp ATV for 10 miles through the Blackfoot River.
A Missoula fishing guide caught the weed crew on video, and the incident was reported to Montana Fish, Wildlife & Parks because threatened bull trout use the Blackfoot River.
In its release, Powell County reported that FWP had conducted an investigation and found “minimal long-term damage to the affected areas of the river.” Also, FWP didn’t request any restitution for harm to the river.
However, the state fined Powell County $500 for violating the Stream Protection Act because the weed crew did not have a special stream permit, specifically a Stream Protection Act permit 124, to disturb the streambed.
The Powell County release said the weed contractor had not consulted with the Powell County Weed Coordinator prior to using the amphibious vehicle.
“We offer our apologies to the Powell County community and to everyone who accesses and enjoys the Blackfoot River,” said County Commissioner Bill Hooker. “Powell County takes pride in its stewardship of one of the state’s most popular and cherished recreational streams. We will continue to strive to make sure we protect the natural wonders we are so fortunate to enjoy.”
On the same day that Powell County received its letter of violation, 20 conservation organizations and individuals sent a letter to FWP director Christy Clark and U.S. Fish and Wildlife Service Field Supervisor Amity Bass asking them to pursue criminal charges against the weed-removal company.
“This use of motorized equipment in the river violates every rule of common sense and should never be permitted. The fact that they were apparently carrying and applying herbicides while mucking up the river simply adds insult to injury,” Keith Hammer, Swan View Coalition chair, said last week.
On Monday, representatives of the organizations said the $500 fine addressed the violation of the state law but didn’t deal with the potential harming of bull trout. They’re still waiting to see if the US Fish and Wildlife Service will cite the county for violation of the Endangered Species Act.
“(The fine is) barely a slap on the wrist, and you don’t need to see dead fish to know that the habitat has been harmed and the fish harassed. This was beyond stupid and added injury to what was already occurring due to warm waters, which is why there were hoot-owl restrictions on fishing in place,” Hammer said Monday.
Contact reporter Laura Lundquist at lundquist@missoulacurrent.com.
