Powell County to pay fine after amphibious vehicle rolls through Blackfoot River

Powell County will pay a $500 fine for violating the Stream Protection Act after an amphibious vehicle on contract with the county rolled through a portion of the Blackfoot River.

Montana Fish, Wildlife and Parks notified Powell County it was in violation in an August 11 letter, and Commissioner Dan Sager said Wednesday the county agreed to pay the fine.

“We really had no grounds to fight it. Our subcontractor was definitely in violation, and it comes back to us,” Sager said.

An earlier news release from the county said the contractor should have consulted with the county’s weed coordinator or acquired a permit prior to the weed control work.

Sager said the weed board agreed the fine should be paid, commissioners approved the payment Wednesday, and the private company will reimburse the county for the fine.

The contract was not available from Powell County on Wednesday afternoon.

In a statement, Commissioner Bill Hooker earlier apologized to the Powell County community and all who enjoy the Blackfoot River.

“Powell County takes pride in its stewardship of one of the state’s most popular and cherished recreational streams,” Hooker said. “We will continue to strive to make sure we protect the natural wonders we are so fortunate to enjoy.”

FWP spokesperson Greg Lemon said $500 is the maximum penalty allowed by law.

However, a conservation advocate who is among a group that reported the incident to FWP and a federal official said the amount might not be enough to deter other bad actors.

Keith Hammer, chairman of the Swan View Coalition, said he’s heard the way some operators dismiss penalties, such as snowmobilers who motor into closed areas.

“We call that bragging rights,” Hammer said of the way some perpetrators react to fines.

He said $500 is minuscule compared to the cost of the vehicle itself, potentially tens if not hundreds of thousands of dollars. Hammer also said he believes the penalty should “sting” and possibly be equal to a portion of the contract.

“If it doesn’t take a big chunk out of their profit on that contract, it’s essentially meaningless,” Hammer said.

Hammer was among 20 conservationists including organization leaders who signed an August 11 letter to FWP and the U.S. Fish and Wildlife Service expressing “our utmost disgust” at the incident.

The letter said the vehicle ran at least 9.5 miles down the river including through bull trout pools — and, Hammer said, possibly churning through springs in the river where bull trout try to stay cool.

The letter said the event took place at a time the native and threatened species are under increased pressure from heat, drought and low water levels.

“Crashing through pools caused great damage,” the letter said.

Just this week, FWP itself warned anglers against causing stress on federally protected bull trout. A news release and corresponding materials said the species need cold and clear water to survive and are “highly vulnerable” to silt.

FWP spokesperson Lemon said the agency called the perpetrator out of the river the same day it received a report of the incident, and they complied.

He said FWP put staff on the river one day later and found only minimal impacts.

“We saw tracks in the gravel, which we expected to see, but there didn’t seem to be much impact, and we didn’t see any dead fish,” Lemon said.

Hammer said he doesn’t believe fish need to immediately die to be harmed, and he said he hopes the federal Fish and Wildlife Service conducts an investigation too.

A spokesperson for the Fish and Wildlife Service could not be reached Wednesday.

Commissioner Sager said he is not aware of any federal investigation, but he said the county views the fine from the state as reasonable.

“It could have been a lot worse — and shouldn’t have ever happened in the first place,” Sager said.