Montana Administrative Register Notice 24-171-39 No. 5   03/15/2019    
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                                  BEFORE THE BOARD OF OUTFITTERS 

                               DEPARTMENT OF LABOR AND INDUSTRY 

                                                 STATE OF MONTANA


In the matter of the amendment of ARM 24.171.401 fees, 24.171.408 outfitter records, 24.171.412 safety and first aid provisions, 24.171.509 insurance for outfitters, and 24.171.602 guide license








TO: All Concerned Persons


            1. On April 9, 2019, at 10:00 a.m., a public hearing will be held in the Small Conference Room, 301 South Park Avenue, 4th Floor, Helena, Montana, to consider the proposed amendment of the above-stated rules.


            2. The Department of Labor and Industry (department) will make reasonable accommodations for persons with disabilities who wish to participate in this public hearing or need an alternative accessible format of this notice. If you require an accommodation, contact the Board of Outfitters (board) no later than 5:00 p.m., on April 2, 2019, to advise us of the nature of the accommodation that you need. Please contact Steve Gallus, Board of Outfitters, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2370; Montana Relay 1 (800) 253-4091; TDD (406) 444-2978; facsimile (406) 841-2305; or dlibsdout@mt.gov (board's e-mail).


            3. The rules proposed to be amended are as follows, stricken matter interlined, new matter underlined:


            24.171.401 FEES (1) through (1)(b) remain the same.

            (c) Renewal of outfitter license

            (i) outfitter annual license                                                                     375 210

            (ii)  outfitter inactive status                                                                     200 100

            (d) and (e) remain the same.

            (f) Initial and Renewal guide license                                                    150 50

            (g) Initial guide application                                                                           150

            (g) through (i) remain the same but are renumbered (h) through (j).


            AUTH: 37-1-131, 37-1-134, 37-47-201, 37-47-306, MCA

            IMP:     37-1-134, 37-1-141, 37-47-304, 37-47-306, 37-47-307, 37-47-308, 37-47-310, MCA


REASON: The board concluded that projected revenues are exceeding its expenses at a rate that will result in cash reserves exceeding two times the board's annual appropriation level, as prohibited by 17-2-302, MCA. The board determined it is reasonably necessary to decrease renewal fees for outfitters and guides to reduce its cash reserves to an acceptable level. The board reviewed its revenues and expenses in the prior five years and reasonable projections for the next five years and determined this fee adjustment will maintain appropriate cash reserves.  The board estimates the fee change will affect approximately 2,500 persons and decrease annual revenue by $291,500. Additionally, the board is adding (1)(g) to separate the fees for guide renewals from initial applications.


            24.171.408 OUTFITTER RECORDS (1) through (2)(a) remain the same.

            (b) each client's name and automated licensing system number and/or unique identifier assigned to the client by the Department of Fish, Wildlife and Parks;

            (c) through (4) remain the same.


            AUTH: 37-1-131, 37-47-201, MCA

            IMP:     37-1-131, 37-47-201, 37-47-301, MCA


REASON: The board is amending (2) to streamline data reporting requirements so the board and the Department of Fish, Wildlife and Parks (FWP) require the same data to be reported. Currently, outfitters must report to the board names and automated licensing system numbers for clients. The FWP does not require outfitters to report client names in all cases, only automated licensing system numbers. The board is amending (2)(b) to simplify the process so hunting and fishing outfitters can report consistent information to both agencies.

            Implementation citations are being amended to accurately reflect all statutes implemented through the rule.


            24.171.412 SAFETY AND FIRST AID PROVISIONS (1) through (2)(a) remain the same.

            (b) The provider program must include, at a minimum, universal precautions for self-protection and training specific to the following types of injuries:

            (i) through (vi) remain the same.

            (vii) bites and stings; and

            (viii) medical emergencies; and

            (ix) injuries associated with confined spaces

            (c) Instruction in the principles and first aid intervention of injuries must refer to body extremities. cover the following sites:

            (i) head and neck;

            (ii) eye;

            (iii) nose;

            (iv) mouth and teeth;

            (v) chest;

            (vi) abdomen;

            (vii) arm;

            (viii) leg;

            (ix) hand;

            (x) finger; and

            (xi) foot.

            (3) For purposes of initial licensure, only basic first aid certification that involves the direct, hands-on application of first aid materials and techniques is acceptable. An applicant for an outfitter license who was previously licensed as a guide must hold current certification from a hands-on first aid course.

            (4) remains the same.

            (5) An applicant may also meet basic first aid certification if the applicant provides proof of a certification, license, or other credential that is equivalent to or greater than basic first aid certification, approved on a case-by-case basis by the board department. The board may also maintain on its web site a list of certifications, licenses, and other credentials that will be routinely accepted as equivalent to or greater than basic first aid.

            (6) through (8) remain the same.


            AUTH: 37-47-201, MCA

            IMP:     37-47-201, MCA


REASON: Following staff recommendation, the board is amending (2) regarding required first aid course material. The board is striking (2)(b)(ix) for consistency with current accepted standards in first aid education. Further, staff experienced difficulty approving courses that did not mention specific body parts in a syllabus, but otherwise appeared to meet the board's intent for required first aid instruction and instead referred to body parts in more general terms. The board determined it is reasonably necessary to amend this rule to clarify acceptable courses and expand the board-approved providers for greater access to first aid education.

            To address staff confusion, the board is amending (3) to clarify first aid certification requirements for outfitter applicants who were previously licensed as guides. Staff had questioned whether a guide obtaining an outfitter license for the first time was considered as seeking "initial licensure" under this rule. Additionally, the board is amending (5) to align the rule with the current procedure for department staff review of equivalent first aid credentials.


            24.171.509 INSURANCE FOR OUTFITTERS (1) An outfitter, other than an outfitter licensed on inactive status, shall have liability insurance, as a named insured, in effect at all times during the license year, and shall submit proof of such insurance with an application for renewal. Liability insurance must cover bodily injury to clients at all times services are being provided, including while the outfitter or employed or retained guides are transporting clients. Minimum amounts of liability insurance shall be meet or exceed minimum requirements of state or federal regulator agencies for outfitters operating on state or federal lands, but in no case may minimum amounts be less than $10,000 for property damage, $100,000 for personal injury to one person and a total of $300,000 for personal injury to more than one person.


            AUTH: 37-47-201, MCA

            IMP:     37-47-201, 37-47-301, 37-47-304, MCA


REASON: The board has received anecdotal evidence that insurance carriers have denied coverage to clients injured during automobile collisions when a guide is transporting clients to or from the location where hunting or fishing activities occur. The board has determined it is reasonably necessary to amend this rule to clarify that outfitters must maintain insurance that will cover injury to clients in those situations, as well. The board also recognizes that outfitter agreements with state or federal agencies when operating on state or federal lands may exceed the minimum amount of liability coverage currently required in rule. The board is amending the rule to reflect that outfitters must comply with those requirements. Implementation citations are being amended to accurately reflect all statutes implemented through the rule.


            24.171.602 GUIDE LICENSE (1) remains the same.

            (2) An applicant must submit proof of current basic hands-on first aid certification with the application.

            (3) and (4) remain the same.


            AUTH: 37-1-131, 37-47-201, MCA

            IMP:     37-1-131, 37-47-101, 37-47-201, 37-47-301, 37-47-303, 37-47-307, 37-47-308, MCA


REASON: The board is amending this rule to align with changes proposed to ARM 24.171.412(3) and clarify for license applicants that first-aid certification requires hands-on instruction. Implementation citations are being amended to accurately reflect all statutes implemented through the rule.


            4. Concerned persons may present their data, views, or arguments either orally or in writing at the hearing. Written data, views, or arguments may also be submitted to the Board of Outfitters, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513, by facsimile to (406) 841-2305, or e-mail to dlibsdout@mt.gov, and must be received no later than 5:00 p.m., April 12, 2019.


            5. An electronic copy of this notice of public hearing is available at www.outfitter.mt.gov (department and board's web site). Although the department strives to keep its web sites accessible at all times, concerned persons should be aware that web sites may be unavailable during some periods, due to system maintenance or technical problems, and that technical difficulties in accessing a web site do not excuse late submission of comments.


            6. The board maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by this board. Persons who wish to have their name added to the list shall make a written request that includes the name, e-mail, and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding all board administrative rulemaking proceedings or other administrative proceedings. The request must indicate whether e-mail or standard mail is preferred. Such written request may be sent or delivered to the Board of Outfitters, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; faxed to the office at (406) 841-2305; e-mailed to dlibsdout@mt.gov; or made by completing a request form at any rules hearing held by the agency.


            7. The bill sponsor contact requirements of 2-4-302, MCA, do not apply.


            8. Regarding the requirements of 2-4-111, MCA, the board has determined that the amendment of ARM 24.171.401, 24.171.408, 24.171.412, 24.171.509, and 24.171.602 will not significantly and directly impact small businesses.

            Documentation of the board's above-stated determination is available upon request to the Board of Outfitters, 301 South Park Avenue, P.O. Box 200513, Helena, Montana 59620-0513; telephone (406) 841-2370; facsimile (406) 841-2305; or to dlibsdout@mt.gov.


            9. Steve Gallus, Executive Officer, has been designated to preside over and conduct this hearing.








Darcee L. Moe

Rule Reviewer


Galen Hollenbaugh, Commissioner




            Certified to the Secretary of State March 5, 2019.


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