24.171.502 OUTFITTER QUALIFICATIONS
(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 applying on or after January 1, 2016:
(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 in another state guiding clients and using methods for pursuing fish, subject to approval by the board, reduced by no more than 50 experience days for any waiver or combination of waivers; or
(b) for all other 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 game and using methods for which licensure is sought by the applicant; or
(ii) 100 days of verified experience as a licensed outfitter in another state guiding clients in pursuing the types of game and using the methods for which licensure is sought by the applicant, subject to approval by the board.
(2) For purposes of this rule, verified experience includes:
(a) an affidavit by the outfitter attesting to the guiding experience claimed by the applicant and subject to confirmation by the outfitter client logs;
(b) client logs submitted by the applicant, signed by the sponsoring outfitter for whom services were provided;
(c) outfitter log book entries; or
(d) 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.
(3) Three days of experience may be waived by the board for every day of training completed by the applicant at an outfitter or guide school approved by the board provided that the training was in the category of licensure being sought (e.g., hunting or fishing). The maximum number of days of experience that may be waived is 30. All experience waivers shall be contingent upon the applicant completing the board's one-day education program at the time specified by the board.
(4) The board may waive up to 50 days of experience for an applicant purchasing an existing outfitter operation provided that:
(a) the applicant receives preapproval from the board for a training and instruction plan documenting how and in what capacity the applicant will work with the licensed outfitter from whom the business is obtained;
(b) the applicant has entered into a sales agreement with the selling outfitter for the purchase of the operation and the sales agreement provides supervision of the applicant by the selling outfitter during the 12-month period following board approval of the application;
(c) the selling outfitter has a current, approved operations plan on file with the board;
(d) the applicant files an operations plan that is approved by the board; and
(e) the applicant has completed the board's one-day education program.
History: 37-1-131, 37-47-201, MCA; IMP, 37-47-201, 37-47-302, 37-47-304, 37-47-307, 37-47-308, MCA; NEW, 1988 MAR p. 1666, Eff. 7/29/88; AMD, 1991 MAR p. 999, Eff. 6/28/91; AMD, 1992 MAR p. 2376, Eff. 10/30/92; AMD, 1996 MAR p. 668, Eff. 3/8/96; AMD, 2000 MAR p. 730, Eff. 3/17/00; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2009 MAR p. 1406, Eff. 8/14/09; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2015 MAR p. 1756, Eff. 10/16/15.