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(1) One-boat outfitters may apply on an annual basis for up to 60 temporary client days on the Beaverhead River unless the outfitter has:

(a) surrendered or transferred client days; or

(b) had a Beaverhead River commercial use permit revoked.

(2) The department shall allocate available temporary client days to one-boat outfitters based on the applicant's experience outfitting or guiding on the Beaverhead River and the number of years the applicant has been a licensed outfitter or guide in Montana.

(3) When allocating temporary client days, the department shall give preference to applicants who were allocated temporary client days on the Beaverhead River the previous year.

(4) One-boat outfitters may use their assigned temporary client days the entire year with no more than two-thirds of the use occurring during the restricted period from July 1 through August 31.

(5) After a one-boat outfitter has used temporary client days for three consecutive years, the number of temporary client days that the one-boat outfitter may apply for in the following year must not exceed the highest number of temporary client days used by that one-boat outfitter in one of the previous three years.

(6) After a one-boat outfitter has used temporary client days for five consecutive years, the department may remove these temporary client days from the pool and allocate them to that one-boat outfitter for his or her use. These client days are then no longer considered temporary client days.

(7) In addition to temporary client days, one-boat outfitters may use nonpool client days that are transferred to them as part of the sale or transfer of an outfitter's business in its entirety. They must remain a one-boat outfitter, however, in order to apply for or retain the use of temporary client days. The transfer of those outfitting businesses that these rules regulate on the Beaverhead River are governed by 37-47-310, MCA.

History: 87-1-301, 87-1-303, MCA; IMP, 87-1-303, MCA; NEW, 2005 MAR p. 917, Eff. 6/17/05; AMD, 2016 MAR p. 1054, Eff. 6/18/16.

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