(1) Outfitters shall maintain current and accurate records and make the records available:

(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 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) category of NCHU applicable for each client; and

(e) the name of the outfitter assistant or the name and license number of the guide who accompanied the client.

(3) 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. 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; AMD, 2021 MAR p. 1407, Eff. 10/23/21.