Proposed Changes to Outfitter Rules: A Comprehensive Overview
The Board of Outfitter is proposing rule changes to reduce administrative burden on licensees, eliminate double adjudication issues, redefine the board's makeup, and streamline reporting requirements. Key changes include reducing board size, addressing statutory inconsistencies, and removing the requirement for annual client data submission. These changes aim to improve efficiency and fairness in the outfitter licensing process.
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Review of Board of Outfitter Rule Changes Mac Minard John Way Wagner Harmon
SB 275 Outfitter Administration Burden Reduction Act Reduce unnecessary administrative burden on licensees Eliminate double adjudication issue Reduce the size and define makeup of the MBO Transfer businesses with river use days Addresses statutory inconsistencies.
Double Adjudication: Double adjudication" process criminalizes licensing violations and subjects licensees to two sets of consequences administered by two separate agencies. Administrative Infractions and it makes little sense to address them in the criminal system. Unfairly subject licensees to double fines for infractions addressed by both processes. FWP process is criminal in nature, licensees civil rights are at stake, a consequence not enforced against licensees of other boards. NO WAY exempt outfitters from criminal prosecution for any Title 87 Fish & Game violations. NO WAY exempt outfitters from disciplinary action by the MBO for any Title 47 licensing violations. Unlicensed outfitting or guiding is the sole domain of FWP enforcement
Board Construct Reduce the Board from 7 to 5 o Ratio of public to professional was out of alignment with any other State Board o Expensive to operate on the backs of the licensees Revise the qualifications of Outfitter members to align with the prevalent business models o 1 outfitter licensed for both hunting and fishing, representing a public land hunting and fishing outfit knowledgeable in government permitting and preferably with a packing endorsement; o 1 outfitter licensed as a private land hunting outfitter; o 1 outfitter licensed only as a fishing outfitter; o 1 outfitter licensed for both hunting and fishing, with their business being predominantly fishing; and o 1 public member who is a Montana based business owner, who engages in non-outfitted business reliant on the local outdoor industry.
Reporting: Remove requirement to submit annual client logs and other data Department does not have the budget, staff or technology to assimilate this date electronically Data needed for purposes of establishing guide experience generated with affidavits supplied by specific employers Does not remove requirement for outfitters to maintain client served data, but rather the submittal and retention by the Board. Records must be maintained by the Outfitter and are subject to audit or investigation as authorized
Transfer of Outfitter Business Amendments to 37-47-310 remove originally unintended restrictions against the property rights of licensees. An exception for the transfer of Beaverhead and Big Hole River has been retained in this draft. Provides for the transfer of use days between Outfitters focused on the Madison issue but addressed Statewide.
MONTANA BOARD OF OUTFITTERS ADMINISTRATIVE RULE CHANGES
FEES 24.171.401 Decrease outfitter annual license from $210 to $150 Decrease outfitter inactive status from $100 to $75 Decrease Initial guide application from $150 to $125 Eliminate fee for transfer of NCHU $50 to $0 Not Out for Comment
OUTFITTER RECORDS 24.171.408 Necessary amendments to 408 are: Removes the requirement to submit records but maintains the requirement to maintain records legitimate inspection for enforcement or audit. Removes reference to prescriptive forms and requires a reasonable format that contains the required information determined by the Board Removes the requirement to submit amendments to submitted records, this is housekeeping given that records will not be submitted per SB 275. Limits required information to FIVE items o the outfitter's name and license number; o client's name and/or unique identifier assigned to the client by the Department of Fish Wildlife and Parks, Wildlife and Parks o dates of service to clients; o category of NCHU applicable for each client; and o the name of the outfitter assistant or the name and license number of the guide who accompanied the client.
OUTFITTER'S ASSISTANTS 24.171.410 Removes disclosure requirements. Removes unnecessary language regarding the role of an OA and booking clients. This has never been an issue and is addressed under other rules.
SAFETY AND FIRST AID PROVISIONS 24.171.412 Removes the requirement for hands on first aid Applicants will now have the option to use hands on training OR take courses online.
APPLICATION FOR OUTFITTER LICENSE 24.171.501 Establishes single category of hunting outfitter licensure. o Hunting (combines big game and birds)
OUTFITTER QUALIFICATIONS 24.171.502 Revises the use of written affirmation of experience and eliminates the requirement to count days, rather relying on sworn affidavits from past employers which brings demonstration of Outfitter qualification into the same system as other Montana licensed practices. Revises and tightens up the use of waived days from Guide School training and experience. o Defines the topical materials that Guide School students must be exposed to and successfully master (by testing) to be allowed to utilize waived days. o Defined topical materials mirror the subject matter included on the Outfitter Exam o Under this amended language Guide School graduates who seek waivers for experience requirements will be better prepared to meet the full knowledge base for Outfitter licensure. Provides waiver of up to one year experience for river fishing outfitters and specifies the conditions under which that may be considered. Provides for outfitter mentorship as part of business transfer to ANY licensed outfitter by removing the requirement that the selling outfitter must train the new outfitter.
24.171.502 OUTFITTER QUALIFICATIONS NOT OUT FOR COMMENT Establishes Qualifications for Outfitters Watercraft endorsement Fishing Guide with Watercraft Endorsement A minimum of three years and 120 days verified experience All Other Outfitters 100 days verified experience
FISHING OUTFITTER OPERATIONS PLAN 24.171.505 Removes the requirement to submit records per SB 275 while maintaining the requirement for the description of private land access permission and permit(s) issued by the appropriate state or federal agency(ies) shall be governed by ARM 24.171.520.
INSURANCE FOR OUTFITTERS 24.171.509 Requires records to be available upon written request of the Board Eliminates the requirement to submit proof of insurance at time of application or renewal
OUTFITTER ACTING AS GUIDE 24.171.513 Removes the unnecessary limitation to working for a single outfitter Removes reference to reporting on client logs to comply with SB 275
OPERATIONS PLANS AND AMENDMENTS 24.171.520 Removes the need to describe the property on which hunting, or fishing services are being provided in terms of aliquot parts of geocode. Names of the reach and property or water body will be sufficient. Maintains the requirement to hold appropriate NCHU but removes the requirement for affidavit submittal to that effect. Expands the hunting category to explicitly include waterfowl and upland birds bringing clarity to the existing situation
24.171.520 OPERATIONS PLANS AND AMENDMENTS > Adoption of the watercraft endorsement NOT OUT FOR COMMENT 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 a fishing 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, reduced by no more than 50 experience days for any waiver or combination of waivers; 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. reduced by no more than 50 experience days for any waiver or combination of waivers. All experience in this subsection is subject to board approval; or b) (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 the types of fish or game and using methods for which licensure is sought by the applicant; or ii. (ii) 100 days of verified experience as a licensed outfitter, a licensed guide, or equivalent experience in another state guiding clients in pursuing the types of fish or game game and using the methods for which licensure is sought by the applicant. All experience in this subsection is subject to board approval.
NCHU CATEGORIES, TRANSFERS, AND RECORDS 24.171.701 Cleans up language related to the use of Category 2 NCHU and big game combination licenses for big game and upland bird services Removes the reference to delaying transfers based on alleged complaints against an outfitter. This is an unreasonable requirement and violates the civil rights of accused but not convicted outfitters. Provides for online transfer of NCHU Cleans up language related to transfer of NCHU related to successorship and cause for NCHU to expire. Renumbers NCHU to Category 1 (Big Game) and Category 2 (Birds) Allows for one-way conversion of Category 1 to Category 2
RENEWALS 24.171.2101 Removes reference to 24.101.414 which has been repealed - housekeeping. Removes the requirement to submit a copy of fist aid certification, insurance certificate Removes an unnecessary exemption for application date for renewal because of late season services.
UNPROFESSIONAL CONDUCT AND MISCONDUCT 24.171.2301 Cleans up language related to record keeping removing true and correct and relying on accurate records. Removes reference to main base camp for record storage and simply requires records are made available as required in with ARM 24.171.408 Provides for electronic copy of license, first aid card to meet the infield standards for inspection by enforcement
WEB SITE POSTING OF LICENSE DISCIPLINE 24.171.2305 Amended to comport with removal of logbooks as part of SB 275 by removing reference to incomplete or faulty logbook entries as these logs are no longer required per SB 275.
