24.171.408 OUTFITTER RECORDS
(1) Outfitters shall maintain current, true, complete, and accurate records, submit the records to the board as required by administrative rule, and make the records available at all times at the outfitter's main base camp or business office:
(a) to enforcement or investigative personnel authorized or appointed by the board;
(b) upon subpoena or order of a court;
(c) upon written request of the board; or
(d) upon written request of a state or federal agency for law enforcement purposes.
(2) Outfitter records shall be maintained on forms prescribed by the department and shall contain information as required by the board. The information required, in addition to information for operations plans under ARM 24.171.520 and employment records relative to outfitter assistants under ARM 24.171.410, shall include:
(a) the outfitter's name and license number;
(b) each client's name and/or unique identifier assigned to the client by the Department of Fish, Wildlife and Parks;
(c) dates of service to clients;
(d) big game animals taken by clients, specifying the species and sex of each big game animal and stating for each big game animal whether it was taken on public or private land within the outfitter's operations plan;
(e) districts hunted and water bodies, including section of a river or stream, fished by clients;
(f) category of NCHU applicable for each client; and
(g) the name of the outfitter assistant or the name and license number of the guide who accompanied the client.
(3) Amendments to records shall be made immediately when errors are discovered. Amendments that only supplement records with information that arose after license renewal are always proper. However, cases of amendments to records for any other reason shall be brought to the screening panel for a decision as to whether an investigation should follow.
(4) In general, outfitter records, including, but not limited to the operations plans, shall be maintained as confidential information and shall not be released to any person or organization without written permission of the outfitter, subpoena or order of a court, or written request of a state or federal agency for law enforcement purposes. A specific outfitter's number of NCHU is confidential information, but whether an outfitter has NCHU of a particular category is public information. Also, while total acreage of private lands where any outfitter is authorized to operate is a matter of public record, where a particular outfitter is authorized to operate is a confidential matter between the landowner and the outfitter. The Department of Fish, Wildlife and Parks or the Private Land/Public Wildlife Council may use board data to create a map depicting all private land where any outfitter is authorized to operate, excluding private lands that allow unrestricted public access and are managed under cooperative agreements with adjacent public lands. All inquiries for outfitter records shall be reviewed and considered in relation to this rule and the competing interests between the public's right to know and the rights of privacy involved in the particular records requested.
History: 37-1-131, 37-47-201, MCA; IMP, 37-1-131, 37-47-201, 37-47-301, 37-47-304, MCA; NEW, 1988 MAR p. 1666, Eff. 7/29/88; AMD, 1989 MAR p. 1192, Eff. 8/18/89; AMD, 2000 MAR p. 730, Eff. 3/17/00; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2011 MAR p. 2149, Eff. 10/14/11; AMD, 2013 MAR p. 671, Eff. 4/26/13; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2016 MAR p. 1960, Eff. 10/29/16; AMD, 2019 MAR p. 850, Eff. 6/22/19; AMD, 2020 MAR p. 1157, Eff. 6/27/20.