(1) A violation of (1) or (3) by an outfitter, or (2) or (3) by a guide or outfitter's assistant is misconduct, specified as a basis for disciplinary action under 37-47-341, MCA. Such violation is also determined by the board to be unprofessional conduct, as provided in 37-1-319, MCA, specified as a ground for disciplinary action under 37-1-312, MCA. A violation of this rule may result in any sanction provided by 37-1-312 or 37-47-341, MCA. Unprofessional conduct by an outfitter's assistant is grounds for disciplinary action against the outfitter who employed or contracted with the outfitter's assistant. An outfitter shall:

(a) not violate any law, rule, or policy of the Department of Fish, Wildlife and Parks concerning the certification of nonresidents for procuring hunting licenses;

(b) not conduct any services or allow services to be conducted by a supervised guide or outfitter's assistant on private or public land, except legal transportation across such lands, without first having obtained written permission from the landowner or written authorization from the agency administering public land, unless the landowner or agency does not require such permission;

(c) not provide services or allow services to be conducted by a supervised guide or outfitter's assistant to clients outside the boundaries of the outfitter's approved operations plan;

(d) not endorse a guide license until the outfitter has made reasonable inquiry and determined that the guide is qualified for licensure;

(e) not interfere, by solicitation or otherwise, with a contract between another outfitter and client, including certifications for game license or permits, when it is known or reasonably should be known that a contract to provide services exists between that other outfitter and a client;

(f) furnish each client with a current and complete rate schedule, which shall include all charges, a deposit policy, and deposit refund policy, all in writing, for services offered;

(g) specify in writing, when offering services to a nonresident hunting client, the refund policy for failure by the prospective client to draw a license required to participate in the service offered;

(h) not change the rates and/or policies from those published without the written consent of the client after the outfitter receives and accepts the deposit from the client;

(i) set all contract terms and conditions with clients;

(j) personally collect, or designate an agent to collect, all fees from clients. The outfitter is solely responsible for complying with the outfitter's deposit and deposit refund policy;

(k) maintain current and accurate records;

(l) make all client records available in accordance with ARM 24.171.408;

(m) obtain and maintain a reasonable degree of supervision over each guide and outfitter's assistant to ensure that the services offered are being provided in accordance with the laws and rules, with particular regard to those laws and rules pertaining to the health, safety, and welfare of the participants, the public, and landowners;

(n) not employ or retain a guide without first confirming that the guide has current basic first aid certification;

(o) not exceed the licensee's NCHU;

(p) not use a guide prior to ensuring that the guide license is fully signed and dated;

(q) not use a guide with an inactive license;

(r) comply with all laws and rules relating to outfitter's assistants; and

(s) when advertising services, clearly designate the outfitter's registered business name or personal name and the outfitter's license number.

(2) Guides shall:

(a) not advertise services to the general public, but may advertise their services directly to outfitters;

(b) only make agreements with clients concerning monetary consideration or services offered, or collect fees from clients, with the express consent of the supervising outfitter, and only as expressly provided in ARM 24.171.405;

(c) not provide services to clients who have not been specifically referred to the guide from the endorsing outfitter; and

(d) not act as a guide under a guide license, unless and until the guide and the outfitter have first signed and dated the guide license.

(3) All licensees shall:

(a) provide services with respect for the rights of others, private and public property, and provide for the health, safety, and well-being of their clients, employees, and the general public;

(b) provide services on public land in a manner such that they do not interfere with the general public access to public land or waterways or access to wildlife on public land;

(c) provide their services in such a manner as not to be detrimental to the wildlife or the environment where they operate;

(d) report to the board office, at their earliest opportunity, any violation of fish and game laws or outfitter, guide, and outfitter's assistant laws of which they have knowledge;

(e) not use alcohol or any other controlled substance as defined in Title 50, chapter 32, MCA, including marijuana and marijuana derivatives, to the extent that the use impairs the user physically or mentally, while engaged by a client;

(f) not charge any fee for certifying or aiding or assisting any nonresident in procuring or attempting to procure a hunting license;

(g) not harass, assault, or abuse clients, employees, outfitters, guides, or outfitter's assistants, or members of the general public, verbally or otherwise;

(h) not abuse livestock;

(i) produce their current license, proof of first aid certification, or employment documentation required by ARM 24.171.410 at the request of law enforcement or a representative of the board (electronic proof of license or certification is permitted);

(j) carry the licensee's current license and certifications at all times when providing services (electronic proof of license or certification is permitted);

(k) not have hunting or fishing privileges or a wildlife conservation license suspended, revoked, placed on probation, or voluntarily surrendered in the state of Montana or any other jurisdiction;

(l) have a valid wildlife conservation license before providing guiding services;

(m) not act beyond the scope of activities for which the individual is licensed;

(n) not offer for use by an unlicensed individual any watercraft identification identifying another licensee as the occupant of the watercraft;

(o) not intentionally misrepresent board laws or rules;

(p) not fail to respond to board inquiries and requests;

(q) not remit a "nonsufficient fund check" or a check on a closed account for board fees or fines; and

(r) comply with the statutes and rules applicable to licensees of the board.


History: 37-1-131, 37-1-319, 37-47-201, MCA; IMP, 37-1-312, 37-1-316, 37-1-319, 37-47-201, 37-47-325, 37-47-341, MCA; NEW, 1996 MAR p. 668, Eff. 3/8/96; AMD, 1999 MAR p. 809, Eff. 4/23/99; AMD, 2000 MAR p. 730, Eff. 3/17/00; TRANS, from Commerce, & AMD, 2006 MAR p. 324, Eff. 2/10/06; AMD, 2007 MAR p. 347, Eff. 3/9/07; AMD, 2008 MAR p. 2055, Eff. 9/26/08; AMD, 2010 MAR p. 651, Eff. 3/12/10; AMD, 2010 MAR p. 1889, Eff. 8/27/10; AMD, 2015 MAR p. 58, Eff. 1/30/15; AMD, 2016 MAR p. 1960, Eff. 10/29/16; AMD, 2018 MAR p. 1731, Eff. 8/25/18; AMD, 2020 MAR p. 1157, Eff. 6/27/20; AMD, 2021 MAR p. 1407, Eff. 10/23/21.