Current through Register Vol. 6, March 22, 2024
(1) An
applicant for an outfitter license shall have the qualifications to provide all
services and use all equipment necessary to provide the functions of an
outfitter that the license will authorize the applicant to provide. In
addition, the applicant shall have:
(a) for
an outfitter applicant with a watercraft endorsement:
(i) a minimum of three years and 120 days of
verified experience as a licensed guide working for a licensed outfitter in
this state, guiding clients and using methods for pursuing fish or game;
or
(ii) a minimum of three years
and 120 days of verified experience as a licensed outfitter, a licensed guide,
or equivalent experience in another state guiding clients and using methods for
pursuing fish or game. All experience in this subsection (a)(ii) is subject to
board approval; or
(b)
for all other outfitter applicants:
(i) 100
days of verified experience as a licensed guide working for a licensed
outfitter in this state, guiding clients in pursuing fish or game and using
methods for which licensure is sought by the applicant; or
(ii) 100 days of verified experience as a
licensed outfitter, a licensed guide, or equivalent experience in another state
guiding clients in pursuing fish or game and using the methods for which
licensure is sought by the applicant. All experience in this subsection (b)(ii)
is subject to board approval.
(2) For purposes of this rule, verified
experience includes:
(a) written affirmation
on forms prescribed by the department from a licensed outfitter(s) in this
state by whom the applicant was employed or retained, attesting to guiding
experience. The written affirmation must quantify the number of guiding days
the applicant earned while employed or retained by that outfitter; or
(b) written affirmation on forms prescribed
by the department from outfitter(s) or guides from other states or provinces by
whom the applicant was employed, attesting to guiding experience. The written
affirmation must quantify the number of guiding days the applicant earned while
under employment by that outfitter or guide; or
(c) for applicants whose experience was
gained in a state or province that does not license outfitters or guides,
sources of information with board-acceptable guarantees of reliability which
may include, but are not limited to, federal land agency records, client
affidavits or letters or other client data, reports, recaps, or records with
dates that confirm the number of guiding days claimed by the
applicant.
(3) Three
days of experience may be waived by the board for every day of training
completed by the applicant at a department-approved outfitter or guide school.
The maximum number of days of experience that may be waived is 30. The
department shall approve guide schools based on the following minimum criteria:
(a) Training for purposes of the waiver must
be obtained through a provider and course approved by the department based upon
the following minimum criteria:
(i) the
provider must require a written test, and successful participants must be
issued completion certificates; and
(ii) the provider program must include
instruction on topics relevant to being an outfitter, including but not limited
to any of the following topics: advertising; marketing and public relations;
maintaining rate and refund schedules; client and other records for board and
other agency compliance; guiding techniques; setting up of camp sites;
practical woodsmanship; knowledge of firearms; field preparation of trophies;
knowledge of equipment, terrain (including water bodies), and hazards to
competently provide a safe experience for those persons guided; general board
and other agency laws and requirements; federal and Montana fish and game laws
and regulations; knowledge of outfitting area; proper handling of fish and
game; federal and Montana employment and wage requirements; preservation of
ecosystem; and maintaining present quality of wildlife and environment; and
health, safety and welfare of clients, other public members, and
employees.
(4)
The board may waive up to 50 days and one year of experience for an applicant
seeking a fishing outfitter license with a watercraft endorsement, or 50 days
for all other outfitter applicants.
(a) A
waiver under this section (4) may be granted only to the following applicants:
(i) an applicant who is purchasing an
existing outfitter operation;
(ii)
an applicant being prepared for succession of an existing outfitter operation
without purchasing; or
(iii) an
applicant already licensed but seeking additional license
endorsement.
(b) An
applicant seeking a waiver under this section (4) must satisfy the following
conditions:
(i) enter into a sales agreement
or other arrangement with a licensed outfitter to receive all or part of an
existing outfitting business that has an operations plan on file with the
board;
(ii) obtain board
preapproval of a 12-month plan of supervision for training and instruction
documenting, on forms prescribed by the department, how and in what capacity
the applicant will work with the licensed outfitter providing the training. The
plan shall be an agreement between the applicant and either the outfitter of
record for the existing outfitting business or a licensed outfitter designated
by that outfitter of record for training purposes; and
(iii) obtain board approval of an operations
plan for the applicant.
(5) All experience waivers granted under this
rule shall be contingent upon the applicant completing the board's one-day
education program within a time specified by the board.
AUTH:
37-1-131,
37-47-201, MCA; IMP:
37-1-131,
37-47-201,
37-47-302,
37-47-304,
37-47-307,
37-47-308,
MCA