Current through Register Vol. 6, March 22, 2024
(1) An
operations plan is prepared by the outfitter and submitted to the board and
includes the information required in
37-47-304(2)(c),
MCA.
(a) Fishing operations plans must
include a summarization of the boundaries of the outfitter's fishing operation.
If a fishing operations plan includes surface waters accessible only by private
land or access points requiring a permit issued by a state or federal
agency(ies), those surface waters must be described in detail, including the
following information:
(i) the name of each
water body, including the section of each river or stream, that may be utilized
by the applicant while providing services;
(ii) a description of private land, by name
of ranch and county where located, over which access is allowed; and
(iii) an affidavit by the outfitter to the
board that the outfitter is in possession of any public land permits or
licenses properly executed for federal or state public property where the
outfitter is authorized to operate;
(iv) All other fishing operations plans may
be described in detail pursuant to (2)(a), or an outfitter may summarize the
boundaries of the outfitter's operations plan by referencing "all surface
waters governed by the Montana Stream Access Law,
23-2-302, MCA, and accessible by
public access points not requiring a permit restricting commercial use issued
by a state or federal agency(ies)."
(b) Hunting operations plans must include a
summarization of the locations and boundaries of the outfitter's hunting
operation, which is where the outfitter is authorized to operate, provided in
the following terms:
(i) the name of each
public land agency, and owners of private lands that allow unrestricted public
access and are managed under cooperative agreements with adjacent public
lands;
(ii) a description of
private land, by name of ranch and county where located, over which access is
allowed;
(iii) an affidavit by the
outfitter to the board that the outfitter is in possession of any public land
permits or licenses properly executed for federal or state public property
where the outfitter is authorized to operate; and
(iv) the number of NCHU per
category.
(2)
An outfitter may amend the operations plan on record by adding or subtracting
any additional or replacement information and submitting the updated plan to
the board, except that when adding a service identified in (5), the outfitter
must apply for an amendment to the outfitter's operations plan by stating in
writing the proposed changes and submitting it to the board, along with the fee
required in ARM 24.171.401.
(3) As
part of renewal, each outfitter shall attest that all lands information
required as part of the outfitter's operations plan on file with the board is
current and accurate.
(4) Whenever
the outfitter gains permission to use additional private or public property,
the outfitter shall update the operations plan the earlier of:
(a) the end of the license year during which
the outfitter first became authorized to use it, and (b) before actually using
it.
(5) All amendments
will be considered by the board using the same criteria as new applicants,
including being required to take those parts of the outfitter examination that
apply to the proposed amendment, if an outfitter is applying to add the
following to the operations plan:
(a)
hunting;
(b) fishing;
(c) watercraft used for fishing or hunting;
or
(d) saddle or pack animal use.
AUTH:
37-1-131,
37-47-201, MCA; IMP:
37-1-131,
37-47-201,
37-47-304,
MCA