LAST EDITED ON Apr-05-11 AT 04:23PM (MST)[p]
LAST EDITED ON Apr-05-11 AT 04:21?PM (MST)
Here is the 2011 application,show me how it got easier..while we are at it why would more people want to become outfitters now that the price of hunting here has gone up,less people will be seeking outfitters and less land is avaliable for them to lease....the demand for outfitters is at a recent low,the price of doing buisness is much higher...perfect time to become an outfitter!explain to me why the MBO had one of the highest numbers of NON RENEWALs ever this year and expects it to be higher next year...it wasnt as bad as they predicted when they fought i161 but it was up there.
Board of Outfitters OUT Application Procedures
Revised 03/30/2009
Page 1 of 6
MONTANA BOARD OF OUTFITTERS
301 S. Park Ave, 4th Floor, PO Box 200513
Helena MT 59620 - 0513
Phone: (406) 841-2373 Fax: (406) 841-2309
E-mail:
[email protected] Website:
http://www.outfitter.mt.gov
PROCEDURES FOR:
OUTFITTER LICENSE/EXAMINATION APPLICATION
ILLEGIBLE AND INCOMPLETE APPLICATIONS WILL BE RETURNED. APPLICATIONS MUST BE ACCOMPANIED BY REQUIRED FEES. PROCESSING TIME IS APPROXIMATELY 30-DAYS FROM THE DATE THAT THE BOARD HAS A COMPLETE ROUTINE APPLICATION.
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?Outfitter? means any person, except a person providing services on real property that the person owns for the primary pursuit of bona fide agricultural interests, who for consideration provides any saddle or pack animal; facilities; camping equipment; vehicle, watercraft, or other conveyance; or personal service for any person to hunt, trap, capture, take, kill, or pursue any game, including fish; and who accompanies that person, either part or all of the way, on an expedition for any of those purposes or supervises a licensed guide or professional guide in accompanying that person. [37-47-101, MCA]
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In the state of Montana a person may not advertise, act or otherwise represent to the public that the person is an outfitter without first securing a license from the Montana Board of Outfitters. [37-47-301, MCA]
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Section 37-47-101(11), MCA, provides an exemption for Private Landowners from the law that governs outfitters. The exemption applies only to those persons providing services on real property that the person owns for the primary pursuit of bona fide agricultural interests. The most common mistake relates to the hiring of guides; there is no landowner exemption for guides and, there is no exemption for a person acting as a guide while working for a landowner.
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FEES: Applications must be accompanied with the required fees. Checks or money orders are to be made payable to the Montana Board of Outfitters. All fees are non-refundable.
$1300.00* New/Original License and Examination Application
$ 450.00 License Amendment and Examination Application
$ 150.00 Re-Application
$ 500.00 * New Operation Plan/Inspection Application
$2000.00 Net Client Hunter Use Expansion Application (NCHU) (Hunting Applicants Only) Please note: An outfitter who is granted a net client hunter use expansion shall pay a fee of $500 for each new client added to that outfitter operation plan
$ 100.00 Net Client Hunter Use Transfer Application (NCHU) (Hunting Applicants Only)
* These must be paid by all new applicants, other fees may apply depending on your operations plan.
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APPLICATION PROCEDURES: Applicants for an outfitter?s license must apply on a form prescribed and furnished by the Board. Applicants must meet the experience and training specifications and other qualifications, then must take and pass a written examination administered by the Board or its agent. Incomplete applications will be returned causing a delay in processing.
(1) Complete the outfitter license/examination application and operation plan by typing or printing all required parts. (A completed NCHU application must accompany hunting outfitter license application) sign the forms and submit them to the Board office with the required fees. Applications submitted without the required experience may be subject to a re-application process with new fees. It is advised that you check with your endorsing outfitter(s) and insure that you have accumulated the required 100 days of guiding experience before submitting your applications.
(2) Qualifications will be investigated and experience verified upon receipt of an application. The experience is verified through review of the endorsing outfitter?s annually submitted client report logs.
(3) Applications must be submitted (30) thirty days prior to the next scheduled examination date. If received after the deadline date, the application will be held for the following examination. Submitting your application by the deadline date does not guarantee that you will be scheduled for the next examination date. Applicants must receive pre-approval of their proposed operations plan by a Board member before being scheduled for the written examination.
(4) Inspection of equipment and premises will be made by a representative of the Board at a reasonable time following approval of an application.
Board of Outfitters OUT Application Procedures
Revised 03/30/2009
Page 2 of 6
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APPLICATION PROCEDURES (CONTINUED):
(5) Once an application has been verified and approved, the Board office will send written confirmation of the date and time the applicant is scheduled for examination. The examinations are given on the second Tuesday in January, April, July and October. Examinations are always held at a pre-scheduled location in Helena, Montana.
(6) When all the conditions of licensure have been satisfied, including insurance and inspections, have been satisfied, the Board will issue a license stating the outfitter functions that the applicant is qualified and approved to perform. The license is valid for the licensing year in which it is issued and expires on the last day of that license year.
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QUALIFICATIONS/EXPERIENCE: An applicant for an outfitter?s license must meet experience, training, and testing requirements. Those qualifications and experience requirements are as follows:
(1) Must be 18 years of age or older, be physically capable and mentally competent to perform the duties of an outfitter. [37-47-302, MCA]
(2) Must have 100 days of verified experience as a licensed outfitter in another state or a licensed guide working for a licensed outfitter in Montana. The experience must have been achieved while guiding clients in pursuing the types of game and using methods for which licensure is sought by the applicant [ARM 24.171.502].
(3) Must be qualified to provide all services and use all equipment necessary to provide the functions of an outfitter that applicant's license will authorize him or her to conduct. [ARM 24.171.502]
(4) Must own or hold under written lease or represent a company, corporation, or partnership who owns or holds under written lease the equipment and facilities that are necessary to provide the services advertised, contracted for, or agreed upon between the outfitter and the outfitter?s clients. [37-47-302, MCA]
(5) Must have demonstrated a respect for and compliance with the laws of any state or of the United States and all rules promulgated under those laws related to fish and game, conservation of natural resources, and preservation of the natural ecosystem without pollution of the ecosystem. [37-47-302, MCA]
(6) Must have not, at any time, practiced fraud, deception, or material misrepresentation in procuring any previous outfitter?s, guide?s, professional guide?s, or conservation license from the state of Montana. [37-47-302, MCA]
(7) Must have not, at any time, promulgated any false or misleading advertising relating to the business of outfitting. [37-47-302, MCA]
(8) Must hold a current basic first aid at all times licensed. [ARM 24.171.412]
(9) Must hold a valid Montana wildlife conservation license [37-47-304, MCA]
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EXPERIENCE WAIVER: In addition to meeting all other qualifications and experience, portions of the 100 days of verified experience requirements may be waived upon Board approval of training as follows:
(1) Three days of experience may be waived by the Board for an applicant for every day of training completed by the applicant in the category of licensure applied for (fishing or hunting); subject to a maximum waiver of 30 days, at an outfitter or guide school approved by the Board. [ARM 24.171.502]
(2) Fifty days of experience may be waived for an applicant purchasing an existing outfitter operation provided that: (1) The applicant receives pre-approval from the Board of a training and instruction plan documenting how and in what capacity the applicant will work with the licensed outfitter from whom the business was obtained; (2) The applicant has entered into a sales agreement with the selling outfitter for the purchase of the operation and the sales agreement provides supervision by the selling outfitter of the applicant during a 12-month period following Board approval of the application; (3) The selling outfitter has a current, approved operations plan on file with the Board; (4) The applicant files and operations plan that is approved by the Board; (5) The applicant works with the licensed outfitter from whom the business was obtained, in operating the business now owned by the applicant, pursuant to the plan approved by the Board, for not less than 12 months following advance approval from the Board. [ARM 24.171.502]
Board of Outfitters OUT Application Procedures
Revised 03/30/2009
Page 3 of 6
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WAIVER PROCEDURES: Waiver requests are submitted to the Board office in writing and must receive full Board approval.
The request must clearly specify which type of waiver the petitioner is seeking. When applicable, qualifications and training will be investigated and experience verified prior to Board consideration.
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30-DAY WAIVER:
(1) Submit the written request along with a current copy of the outfitter or guide school curriculum, proof of attendance and successful completion of training ,and any other supporting documents and materials pertinent to the waiver.
(2) Requests must be submitted at least three weeks prior to a regularly scheduled Board meeting. Requests received after the deadline date will be held for the following meeting. Submitting your request by the deadline date does not guarantee that your request will be scheduled for the next meeting. Requests lacking in detail will be returned causing a delay in the process.
(3) The Board office will send written confirmation of the date and time the appeal is scheduled for review. Board meetings are held four times a year, approximately every three months starting with December and are always held at a pre-scheduled location in Helena, Montana.
(4) Once a request has been approved by the Board, an application for license may be submitted only after the remainder of the experience and training specifications and other qualifications have been met.
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50-DAY WAIVER: This is a three-part process. Part 1 initiates the process for approval of a 12-Month Plan between two parties as a result of the sale of an outfitting business. Part II initiates the process for approval of the results of a completed pre-approved 12-Month Plan. Part III initiates the process of approval of a 50-Day Experience Waiver based on the completion of a pre-approved 12-Month Plan.
Part I -- 12-Month Plan approval process
(1) The buyer and seller must submit a written request for Board approval of a 12-Month Plan documenting how and in what capacity the applicant will work with the licensed outfitter from whom the business was obtained. The plan must clearly identify what is to be accomplished, what areas of expertise or skills will be learned, how and what knowledge will be obtained. The following identifies some areas of expertise, which may assist applicants in outlining a proposed 12-Month Plan.
a. marketing and public relations;
b. maintaining advertising;
c. maintenance of rate schedules;
d. maintenance of complete and accurate client logs;
e. guiding techniques;
f. setting up of campsites;
g. federal and state regulations as applicable to outfitting; laws and regulations;
h. federal and state fish and game laws and regulations;
I. practical woodsmanship;
j. general knowledge of big game;
k. field preparation of trophies;
l. care of game meat;
m. use of outfitters gear as listed on the operation plan;
n. knowledge of firearms;
o. first aid;
p. knowledge of equipment, terrain, and hazards to competently provide a safe experience for those persons guided;
q. knowledge of game and hunting and techniques to provide the services advertised by the supervising outfitter
r. ability to perform the services contemplated with efficiency and with safety to the health and welfare of clients, employees and the public.
s. preservation of the natural ecosystem
t. provide services in such a manner as not to be detrimental to wildlife or the environment
(2) Submit verifiable documentation that the applicant owns the outfitting business that constitutes the entire operation of an existing licensed outfitter. The business must have a current approved operation plan on file with the Board.
Board of Outfitters OUT Application Procedures
Revised 03/30/2009
Page 4 of 6
Part I -- 12-Month Plan approval process (continued)
(3) Requests must be submitted at least three weeks prior to a regularly scheduled Board meeting. Requests received after
the deadline date will be held for the following meeting. Submitting your request by the deadline date does not guarantee that your request will be scheduled for the next meeting. Requests lacking in detail will be returned causing a delay in the process.
(4) The Board office will send written confirmation of the date and time the request is scheduled for review. Board meetings are held four times a year, approximately ever three months starting with December and are always held at a pre-scheduled location in Helena, Montana.
(5) A plan commences upon the day of approval. The applicant must work with the licensed outfitter from whom the business was obtained, by operating the business now owned by the applicant, according to the plan details submitted to the Board for not less than 12 months following plan approval by the Board. The Board office is not responsible for tracking completion dates.
Part II -- Approval process of an executed 12-Month Pre-approved Plan
(1) The buyer and seller must submit a written request for Board approval of a 50-Day Experience Waiver pursuant to the completion of the previously approved 12-Month Plan. Attach a description of the areas of expertise or skills that were learned and how and what knowledge was obtained.
(2) Requests must be submitted at least three weeks prior to a regularly scheduled Board meeting. Requests received after the deadline date will be held for the following meeting. Submitting your request by the deadline date does not guarantee that your request will be scheduled for the next meeting. Requests lacking in detail will be returned causing a delay in the process.
(3) The Board office will send written confirmation of the date and time the request is scheduled for review. Board meetings are held four times a year, approximately every three months starting with December and are always held at a pre-scheduled location in Helena, Montana.
Part III -- 50-Day Experience Waiver application process
(1) Once a 50-Day Experience Waiver has been granted a completed outfitter license application must be submitted and approved prior to examination. The buyer?s operation plan must synchronize with the entire operation of the existing licensed outfitter?s approved plan. Proof of the remaining 50-days of guiding experience in each license function must accompany the license application. Refer to the Application Procedures on Page 1 for a summary on applying for licensure.
(2) The applicant purchasing the business must submit a signed sales agreement setting forth the name of seller and purchaser, a general description of the transaction (stock purchase, merger, etc.), a list of the equipment and livestock which is included as part of the sale, a legal description of all lands involved in the sale, including copies of signed land use approval forms (L-1 forms) and a statement indicating whether the seller will surrender or retain the outfitter license, or place the license on inactive status.
(3) The purchaser must provide a current list of all clients booked by seller and a written description of how such reservations will be transferred including, but not limited to, transfer of outfitter sponsored licensees, refunds of deposits and notification of the sale of clients.
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SALE AND PURCHASE OF AN OUTFITTING OPERATION: The Board will evaluate outfitter applications involving the sale of an existing outfitting operation by using information regarding experience and training relative to outfitter activities. Refer to the Application Procedures on Page 1 for a summary on applying for licensure.
Board of Outfitters OUT Application Procedures
Revised 03/30/2009
Page 5 of 6
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MAKEUP OF OPEN BOOK WRITTEN EXAMINATION: The examination must require general and sufficient knowledge displaying and indicating ability to perform the services contemplated with efficiency and with safety to the health and welfare of participants. It is an open book examination. There are four sections to the examination: (25) multiple-choice questions in the Hunting Services section; (25) questions in the Fishing Services section; (50) questions in the General Outfitter section; and (25)
questions in the Horse/Packing section. You must pass each section of the examination you are taking with a score of 75% or more.
(1) HUNTING SERVICES: Applicants who will be providing hunting services must take the Hunting Section. Included are questions concerning Fish and Game hunting laws and regulations and Board of Outfitters regulations.
(2) FISHING SERVICES: Applicants providing fishing services must take the Fishing Section. Included are questions on Fish and Game fishing laws and regulations, Board of Outfitters regulations, stream access, boating and trespass laws.
(3) LIVESTOCK SERVICES: Applicants providing or using livestock must take the Horse/Packing Section. Included are questions on horsemanship, horse care, and knowledge of tack.
(4) GENERAL OUTFITTER: All new license applicants are required to take and pass the General Outfitter Section plus those sections pertaining to the services you wish to offer, (fishing, hunting, and livestock). Included are questions on Board of Outfitters regulations over outfitters and guides and Laws & Rules of the State of Montana relating to fish, wildlife and parks, outdoor recreation and certain other natural resources.
The following are recommended materials that you should obtain to help you prepare for the open book exam.
a. General Section: A compilation of the Board of Outfitter Laws & Rules governing outfitters and guides are contained in this packet. A compilation of the Laws & Rules of the State of Montana relating to fish, wildlife and parks, outdoor recreation and certain other natural resources, can be obtained from a FWP licensing agent or the Department of Fish, Wildlife and Parks.
b. Fishing and Hunting Sections: A compilation of the Laws & Rules of the State of Montana relating to fish, wildlife and parks, outdoor recreation and certain other natural resources, can be obtained from a FWP licensing agent or the Department of Fish, Wildlife and Parks. In addition, you can obtain pamphlets entitled ?Montana Fishing and Hunting Regulations?, ?Montana Boating Laws?, ?Stream Access in Montana?, ?It's the Law: New Legislation Affecting Montana Landowners & Recreationists? and ?How to Hunt Safely in Grizzly Country? and/or any other FWP bear identification pamphlets.
c. Livestock Section: You can obtain the book titled ?Packing in on Horses & Mules? by Smoke Elser & Bill Brown.
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REAPPLICATION: If you fail the examination, you will be able to take the next scheduled examination after submitting a new application and new exam fees. Applicants will have 15 days from the date of notification to review the questions missed. This review will be conducted at the Board office in Helena, by appointment only. During this review, you will not be able to take any notes or record any information taken from the exam. No representative of the Board will be allowed to discuss the substance of the exam with you. Questions regarding the substance of exams must be directed to the Board at a pre-scheduled meeting.
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NET CLIENT HUNTER USE (NCHU): The Board of Outfitters has been directed by the Legislature to regulate outfitters NCHU as set forth in [37-47-201(5)(d), MCA]. Proposals must be made on a form provided by the Board and accompanied by the appropriate fee. The NCHU figures limit the number of clients that hunting outfitters may outfit on private, state and federal land where client use is not regulated. NCHU is not designated on federal land under special use permits. Once NCHU numbers have been set for the desired categories, an outfitter may not exceed the number without Board approval, nor may an outfitter exchange, trade or substitute between the categories of NCHU without approval of the Board. For example, you may not drop one bird hunter in exchange for an additional elk hunter in a given year without applying for and receiving approval from the Board.
The Board will publish proposals for expansions or new use to obtain public comment and consider the proposals at regularly scheduled Board meetings. The Board will then review each proposal to determine whether an undue conflict with existing hunting use exists in the area, constituting a threat to the public health, safety, or welfare.
Board of Outfitters OUT Application Procedures
Revised 03/30/2009
Page 6 of 6
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LICENSE AMENDMENT/EXAMINATION APPLICATION: Montana outfitters seeking to amend their existing outfitter's license by adding a new service, such as, horses/packing, fishing, or hunting, must make application on a form prescribed and furnished by the Board. After meeting the experience and training specifications and other qualifications (fishing or hunting), license applicants must take and pass a written examination administered by the Board or its agent. Incomplete applications will be returned causing a delay in processing. The fee is $450.00 for the License Amendment, Examination Application and filing of an
operation plan amendment.
(1) Complete the outfitter license/examination application and operation plan amendment by typing or printing all required parts. (A completed NCHU application must accompany hunting outfitter license application) Sign the forms and submit them to the Board office with the required fees. Applications submitted without the required experience may be subject to a re-application process with new fees.
(2) Qualifications will be investigated and experience verified upon receipt of an application. The experience is verified through review of annually submitted client report logs.
(3) Applications must be submitted (30) thirty days prior to the next scheduled examination date. If received after the deadline date, the application will be held for the following examination. Submitting your application by the deadline date does not guarantee that you will be scheduled for the next examination date. Applicants must receive preapproval of their proposed operations plan and license application before being scheduled for the written examination.
(4) Once an application is considered complete, the Board office will send written confirmation of the date and time the applicant is scheduled for examination. The examinations are given on the second Tuesday every three months starting with January. Therefore, the exams are given in January, April, July and October. Examinations are always held at a pre-scheduled location in Helena, Montana.
(5) An equipment and premises inspection will be made by a representative of the Board at a reasonable time following approval of an application.
(6) When all the conditions of licensure have been satisfied, including insurance and inspection, have been satisfied, the Board will issue an amended license stating the outfitter's new functions that the applicant is qualified and approved to perform.
Board of Outfitters OUT License Exam Appl
Revised 03/30/2009
Page 1 of 6
MONTANA BOARD OF OUTFITTERS
301 S. Park Ave, 4th Floor, PO Box 200513
Helena MT 59620 - 0513
Phone: (406) 841-2373 Fax: (406) 841-2309
E-mail:
[email protected] Website:
http://www.outfitter.mt.gov
APPLICATION FOR:
OUTFITTER LICENSE/EXAMINATION APPLICATION
ILLEGIBLE AND INCOMPLETE APPLICATIONS WILL BE RETURNED. APPLICATIONS MUST BE ACCOMPANIED BY REQUIRED FEES. PROCESSING TIME IS APPROXIMATELY 30-DAYS FROM THE DATE THAT THE BOARD HAS A COMPLETE ROUTINE APPLICATION.
SECTION A: CHECK APPLICABLE BOX(ES) BELOW. THEN COMPLETE ALL REMAINING SECTIONS AS APPLICABLE.
APPLICATION FOR LICENSURE AS:
�� FISHING OUTFITTER �� NEW OUTFITTER LICENSE/EXAMINATION -- $1300.00
�� HUNTING OUTFITTER �� RE-APPLICATION, ACTIVATION, OR RE-EXAMINATION -- $150.00
�� FISHING & HUNTING OUTFITTER �� ADD ADDITIONAL SERVICES TO EXISTING LICENSE -- $450.00
1. SOCIAL SECURITY # ______-______-______ DATE OF BIRTH / /
2. FULL NAME OF APPLICANT
Last First Middle
OTHER NAME(S) KNOWN BY
3. E-MAIL ADDRESS DRIVER?S LICENSE # ___________________________
(Indicate state if not Montana)
4. CURRENT MONTANA CONSERVATION/ALS LICENSE # _____/_____/_______- _____ EXP DATE: ___________
(Date of Birth/ALS Number)
5. PHYSICAL DESCRIPTION: �� Male �� Female Eye Color __________ Hair Color __________
Height (in feet & inches) _____________ Weight (in pounds) _______________
6. PLEASE INDICATE YOUR PREFERRED MAILING ADDRESS:
�� HOME �� BUSINESS
7. RESIDENTIAL INFORMATION BUSINESS INFORMATION
PHONE PHONE
FAX FAX
ADDRESS ADDRESS
CITY, STATE CITY, STATE
ZIP CODE ZIP CODE
BUSINESS NAME
8. INDICATE WHETHER THE OUTFITTING BUSINESS IS: �� Individually owned �� Partnership* �� Corporation*
*List the name of the Partnership or Corporation: _________________________________________________
Board of Outfitters OUT License Exam Appl
Revised 03/30/2009
Page 2 of 6
SECTION B: All applicants must answer the following questions. If you answer ?yes? to any question, give specific details (names of organizations, dates, reasons, and outcome) on a Supplementary Sheet.
1.
Have you ever had an application for a professional or occupational license refused or denied? If yes, please attach a detailed explanation and provide supporting documentation from the source.
2.
Have you ever withdrawn an application for licensure prior to the licensing agency?s decision regarding your application? If yes, please attach a detailed explanation and provide supporting documentation from the source.
3.
Have you ever been denied the privilege of taking an examination required for any professional or occupational license? If yes, please attach a detailed explanation and provide supporting documentation from the source.
4.
Has a licensing agency initiated or completed disciplinary action against any professional or occupational license you have held? If yes, please provide agency documents including the complaint, initiating documents, orders, final orders, stipulations and consent and/or settlement agreements directly from the source.
5.
Have you ever voluntarily surrendered, cancelled, forfeited, failed to renew a professional or occupation license in anticipation of or during an investigation or disciplinary proceedings or action? If yes, please attach a detailed explanation and provide supporting documentation from the source.
6.
Has a complaint ever been made against you with a professional or occupational licensing agency? If yes, please attach a detailed explanation and provide supporting documentation from the source.
7.
Have you ever been censured, expelled, denied membership or asked to resign from a professional organization related to your profession or occupation? If yes, please attach a detailed explanation and provide documentation from the source.
8.
Do you have any initiated or completed action against you by any state, federal, tribal, or foreign licensing jurisdiction? (For example: Drug Enforcement Agency; Alcohol, Tobacco and Firearms; Homeland Security; Indian Health Service, etc) If yes, please attach a detailed explanation and provide documentation from the source.
9.
Have any civil legal proceedings been filed against you by a (client), (former client) or employer/employee? If yes, attach a detailed explanation and documentation from the source including initiating document(s) and documentation of final disposition.
10.
Do you have any criminal charges pending or have you ever pled guilty, forfeited bond, or been convicted of a crime (whether or not sentence was suspended or deferred), or have you pled no contest or had prosecution deferred whether or not an appeal is pending? If yes, attach a detailed explanation and documentation from the source. You must report but may omit documentation for: (1) misdemeanor traffic violations resulting in fines of less than $100; and (2) charges or convictions prior to your 18th birthday unless you were tried as an adult.
11.
Have you ever been diagnosed with chemical dependency or another addiction, or have you participated in a chemical dependency or other addiction treatment program? If yes, please attach a detailed explanation and provide documentation regarding evaluations, diagnosis, treatment recommendations and monitoring from the source.
12.
Have you ever been diagnosed with a physical condition or mental health disorder involving potential health risk to the public? If yes, please provide a detailed explanation.
�� Yes �� No
�� Yes �� No
�� Yes �� No
�� Yes �� No
�� Yes �� No
�� Yes �� No
�� Yes �� No
�� Yes �� No
�� Yes �� No
�� Yes �� No
�� Yes �� No
�� Yes �� No
�� Yes �� No
Board of Outfitters OUT License Exam Appl
Revised 03/30/2009
Page 3 of 6
13.
Have you ever been courts martial or discharged other than honorably from any branch of the armed service? If yes, attach a detailed explanation and documentation for the source.
14.
Do you have any physical or mental impairment(s) requiring special accommodations in taking the written examination? If yes, please include a statement of your needs with this application.
15.
Have you any physical or mental condition, which has adversely affected your ability to practice this profession? If yes, attach a detailed explanation.
16.
Have you demonstrated lack of respect for or lack of compliance with the laws of any state or of the United States or any rules promulgated thereunder as to matters of fish and game, conservation of natural resources, and preservation of the natural ecosystem? If ?yes?, attach a detailed explanation.
17.
Have you been convicted of or forfeited bond on any violation of the fish and game laws or applicable regulations of any state or the United States? If yes, attach a detailed explanation and identify how many.
18.
Have you, at any time, practiced fraud, deception, or material misrepresentation in procuring any previous outfitter?s, guide?s, professional guide?s, or conservation license from the state of Montana or any other state? If yes, attach a detailed explanation.
19.
Have you, at any time, promulgated false or misleading advertising related to the business of outfitting? If ?yes?, attach a detailed explanation.
20.
Have you committed any negligent act or misconduct while acting as an outfitter, guide or professional guide that caused a danger or unreasonable risk of danger to person or property of any client of such outfitter, guide or professional guide during the license year immediately preceding this license year? If yes, attach a detailed explanation.
21.
Have you failed to substantially comply with any board regulation or state or federal law concerning outfitters, guides and professional guides? If yes, attach a detailed explanation.
�� Yes �� No
�� Yes �� No
�� Yes �� No
�� Yes �� No
�� Yes �� No
�� Yes �� No
�� Yes �� No
�� Yes �� No
�� Yes �� No
Board of Outfitters OUT License Exam Appl
Revised 03/30/2009
Page 4 of 6
SECTION C: IF THE PURPOSE OF THIS APPLICATION IS FOR RE-APPLICATION OR REACTIVATION SKIP TO SECTION ?H?, See application instructions on page 5).
SECTION D: List your experience as a licensed outfitter, guide or a licensed professional guide (most recent first). Attach additional sheets if necessary.
Year __________
Experience as outfitter ________ guide ________
Employer __________________________________________
Employer?s address __________________________________
__________________________________________________
Employer?s phone ___________________________________
Services provided for hunting ________ fishing ___________
Dates providing services ______________________________
Where services provided ______________________________
Describe what you did for this outfitter___________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
Year __________
Experience as outfitter ________ guide ________
Employer __________________________________________
Employer?s address __________________________________
__________________________________________________
Employer?s phone ___________________________________
Services provided for hunting ________ fishing ___________
Dates providing services ______________________________
Where services provided ______________________________
Describe what you did for this outfitter___________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
Year __________
Experience as outfitter ________ guide ________
Employer __________________________________________
Employer?s address __________________________________
__________________________________________________
Employer?s phone ___________________________________
Services provided for hunting ________ fishing ___________
Dates providing services ______________________________
Where services provided ______________________________
Describe what you did for this outfitter___________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
Year __________
Experience as outfitter ________ guide ________
Employer __________________________________________
Employer?s address __________________________________
__________________________________________________
Employer?s phone ___________________________________
Services provided for hunting ________ fishing ___________
Dates providing services ______________________________
Where services provided ______________________________
Describe what you did for this outfitter___________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
Year __________
Experience as outfitter ________ guide ________
Employer __________________________________________
Employer?s address __________________________________
__________________________________________________
Employer?s phone ___________________________________
Services provided for hunting ________ fishing ___________
Dates providing services ______________________________
Where services provided ______________________________
Describe what you did for this outfitter __________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
Year __________
Experience as outfitter ________ guide ________
Employer __________________________________________
Employer?s address __________________________________
__________________________________________________
Employer?s phone ___________________________________
Services provided for hunting ________ fishing ___________
Dates providing services ______________________________
Where services provided ______________________________
Describe what you did for this outfitter ___________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
Board of Outfitters OUT License Exam Appl
Revised 03/30/2009
Page 5 of 6
SECTION D (CONTINUED): List your experience as a licensed outfitter, guide or a licensed professional guide (most recent first). Attach additional sheets if necessary.
Year __________
Experience as outfitter ________ guide ________
Employer __________________________________________
Employer?s address __________________________________
__________________________________________________
Employer?s phone ___________________________________
Services provided for hunting ________ fishing ___________
Dates providing services ______________________________
Where services provided ______________________________
Describe what you did for this outfitter ____________________
__________________________________________________
__________________________________________________
______________________________________________________________________
Year __________
Experience as outfitter ________ guide ________
Employer __________________________________________
Employer?s address __________________________________
__________________________________________________
Employer?s phone ___________________________________
Services provided for hunting ________ fishing ___________
Dates providing services ______________________________
Where services provided ______________________________
Describe what you did for this outfitter ____________________
__________________________________________________
__________________________________________________
__________________________________________________
__________________________________________________
SECTION E: List any and all (other than Montana) states and/or Canadian provinces in which you have ever been licensed (certified).
State/Canadian Provinces
License/Cert. Number
Date Issued
License Status
Specialty
If you are applying for licensure in Montana based on experience in a state or province other than Montana then you must attach the following documents:
?
Copy of your license or certification in that state or province
?
Copy of that state/provinces' statutes and rules
?
Verifiable proof of your clients served as an outfitter in that state or province
?
Written request for Board review and approval of your experience in that state/province
?
Certified letter from the licensing authority stating that your license is in good standing.
SECTION F: If seeking a waiver of experience, list any and all outfitter or guide schools in which you attended and successfully completed training.
Name of School
Address of School
Phone Number
Dates Attended
Type of School
Attach the following documents:
?
school curriculum
?
certificate of completion/diploma
?
written request for Board review and approval of a portion of the experience requirements based on completion of the above named school
Board of Outfitters OUT License Exam Appl
Revised 03/30/2009
Page 6 of 6
SECTION G: If the purpose of this application is for re-application, reinstatement, or reactivation please complete the following:
a) date of original application: _____________________
b) date original application denied: _____________________
c) reason why original application denied: _____________________
d) explain how the reason for denial has been corrected or will be corrected:
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
___________________________________________________________________________________
SECTION H: ATTACH A COPY OF YOUR CURRENT FIRST AID CERTIFICATION
SECTION I: Failure to enclose required items will delay processing of your application. Note: An applicant for an outfitter's license must meet the experience and training specifications and other qualifications to be entitled to take the standard examination administered by the Board or its agent. Applicants must receive pre-approval of his or her proposed operations plan and license application prior to being scheduled for the examination. This application must be received in the Board office no later than 30 days prior to the next scheduled examination date. All applications received after the deadline date will be held for the following examination date.
Check each box to confirm that you have enclosed the required items.
�� COMPLETED LICENSE/EXAMINATION APPLICATION IS ENCLOSED
�� COPY OF MY VALID/CURRENT FIRST AID CARD IS ENCLOSED
�� COMPLETED OPERATION PLAN IS ENCLOSED
�� COMPLETED NET CLIENT HUNTER USE APPLICATION IS ENCLOSED (Hunting Applicants Only)
�� REQUIRED FEES ARE ENCLOSED
�� ANY ADDITIONAL PAGES OR SUPPORTING DOCUMENTS ARE ENCLOSED
�� ALL APPLICATIONS ARE SIGNED & DATED
SECTION J: Review and sign the affidavit below. Submit all applications and supporting documentation to the Montana Board of Outfitters, P.O. Box 200513, Helena Montana, 59620-0513.
Signature and Certification. I authorize the release of information concerning my education, training, record, character, license history and competence to practice, by anyone who might possess such information, to the Montana Board of Outfitters. I hereby declare under penalty of perjury the information included in my application to be true and complete to the best of my knowledge. In signing this application, I am aware that a false statement or evasive answer to any question may lead to denial of my application or subsequent revocation of licensure on ethical grounds. I have read and am familiar with the licensing laws of the State of Montana and instructions to applicants for licensing. I accept the rules and procedures outlined in these documents as the basis for my application.
__________________________________________________
Legal Signature of Applicant
_____________________________________
Date Signed
Board of Outfitters OUT Operation Plan Appl
Revised 03/30/2009
Page 1 of 6
MONTANA BOARD OF OUTFITTERS
301 S. Park Avenue, 4th Floor, PO Box 200513
Helena, Montana 59620-0513
Phone: 406-841-2373 Fax: 406-841-2309
E-MAIL:
[email protected] WEBSITE:
http://www.outfitter.mt.gov/
APPLICATION FOR:
OUTFITTER OPERATION PLAN
ILLEGIBLE AND INCOMPLETE APPLICATIONS WILL BE RETURNED. THIS APPLICATION MUST BE SUBMITTED WITH THE REQUIRED FEES. PROCESSING TIME IS APPROXIMATELY 30-DAYS FROM THE DATE THAT THE BOARD HAS A COMPLETE ROUTINE APPLICATION.
CHECK THE APPLICABLE BOX BELOW:
�� NEW OPERATION PLAN - $500.00 �� ADD ADDITIONAL SERVICES TO EXISTING LICENSE - $450.00 �� UPDATE EXISTING PLAN /REACTIVATION ? No fee required on this part
SECTION A: OUTFITTER AND BUSINESS RELATIONSHIP
1. Provide the name of the licensed outfitter or proposed outfitter (if new applicant) that will be performing the functions contained in this operation plan and the name of the business, if any, under which operations are conducted.
OUTFITTER ________________________________________________________________________
BUSINESS __________________________________________________________________________
2. Provide the following information:
RESIDENTIAL INFORMATION BUSINESS INFORMATION
HOME PHONE _____________________________ BUSINESS PHONE _________________________________
FAX ______________________________________ FAX _____________________________________________
E-MAIL ADDRESS __________________________ E-MAIL ADDRESS _________________________________
ADDRESS _________________________________ ADDRESS ________________________________________
CITY, STATE ______________________________ CITY, STATE _____________________________________
ZIP CODE ____________ COUNTY ___________ ZIP CODE _____________ COUNTY ________________
BASE OF OPERATIONS INFORMATION (HUNTING APPLICANTS ONLY)
PHONE ___________________________________ FAX _____________________________________________
PHYSICAL ADDRESS _______________________ MAILING ADDRESS _______________________________
ZIP CODE ____________________ COUNTY _______________ FWP REGION # ______________
[Note: Base of Operations is ?the primary physical location where an outfitter receives mail and telephone calls, conducts regular daily business, and bases livestock, equipment, and staff during the hunting season ? Sec. 37-47-101(2), MCA]
3. Indicate your preferred mailing address: �� HOME �� BUSINESS
4. Indicate whether the outfitting business is: �� INDIVIDUALLY OWNED �� LLC* �� PARTNERSHIP* �� CORPORATION*
*List the name of the Partnership, LLC, or Corporation: _________________________________________________
5. Indicate one or more of the following as applicable:
Outfitter is: �� Sole owner �� Partial owner �� No ownership interest �� Manager �� Employee or contractor
6. If other than the outfitter, provide the name, address and phone number of the sole proprietor, the principal managing general partner or the principal corporate officer or director.
NAME__________________________________________________________________________
ADDRESS _______________________________________________________________________
7. If the business is a partnership, LLC, or corporation, provide the names of the general partners or principal shareholders.
(a) __________________________________________________________________________________
(b) __________________________________________________________________________________
Board of Outfitters OUT Operation Plan Appl
Revised 03/30/2009
Page 2 of 6
SECTION B: FISHING OPERATIONS Outfitter Name: _____________________________
Business Name: _____________________________(If applicable)
MARK HERE IF NOT APPLICABLE ________ Outfitter License Number: ____________________________(If new applicant write ?pending?)
1. Indicate all services provided in the fishing operation by placing a check in all the space(s) that apply.
TYPE OF FISHING SERVICES
TYPE OF TRANSPORTATION
TYPE OF SERVICE
Float fishing ___
Motor boat on lake ___
Motor boat on rivers ___
Wade fishing ___
Float tubing ___
Floating watercraft ___
Vehicle ___
Saddle/pack animals ___
Motorized watercraft ___
Snowmobile ___
Aircraft ___
Day use ___
Overnight lodging ___
Overnight camping ___
Drop camps ___
Other (Explain) ___
2. Provide the following information for your fishing services .
(a) Identify each river, reservoir, or lake fished and provide requested information applying to each. Use one line for each water, identifying river stretches used by the upper and lower-most access points by common bridge names and/or fishing access sites. List the name of the lake or reservoir and access point being used.
(b)
When operations are conducted on lands or waters where an agency permit is required, a copy of your current permit from that issuing agency MUST be attached. If operations are conducted on lands or waters privately owned a completed Land Use Approval Form MUST be attached. Attach additional copies of this page if more lines are needed. If using motorized watercraft on navigable waters, you must attach a copy of your U.S. Coast Guard captains license.
RIVER OR LAKE FISHED
PORTION OF RIVER OR LAKE FISHED
PERMITTING AGENCY/
OWNER
AVERAGE LENGTH OF TRIP-DAYS
APPROX. # OF TRIPS PER YEAR
MAX # OF GUESTS SERVED AT ONE TIME **
DAY USE, OVERNIGHT USE, OR BOTH
TYPE OF
LODGING
PROVIDED
** - You must have sufficient equipment identified in this operations plan to provide services for the maximum number of guests listed.
FACILITY LOCATIONS (ONLY IF YOU PAY FOR OR PROVIDE THE LODGING):
TYPE OF FACILITY
LOCATION, (Section, Township, Range)
PHYSICAL ADDRESS
NAME OF RANCH OR MOTEL
Board of Outfitters OUT Operation Plan Appl
Revised 03/30/2009
Page 3 of 6
SECTION B: HUNTING OPERATIONS Outfitter Name: _____________________________
Business Name: _____________________________(if applicable)
MARK HERE IF NOT APPLICABLE ________ License Number: ____________________________(If new applicant write ?pending?)
1. Indicate all services provided in the hunting operation by placing a check in all the space(s) that apply.
TYPE OF HUNTING SERVICES
TYPE OF TRANSPORTATION
TYPE OF SERVICE
Big game ___
Spring bear ___
Upland birds/waterfowl ___
Archery ___
Hunting with hounds ___
Floating watercraft ___
Vehicle ___
Saddle/pack animals ___
Snowmobile ___
Aircraft ___
Motorized watercraft ____
Day use ___
Overnight lodging ___
Overnight camping ___
Drop camps ___
Spike camps ___
Other (Explain) ___
2. Provide the following information for your hunting service.
(a) Identify each type of game hunted by species (e.g., elk, deer, bear, upland bird, waterfowl, etc.) and provide the requested information applying to each. Use more than one line per type, if necessary. (Note: The number of trips per year multiplied by the number of maximum guests served at one time must agree with the proposed client numbers requested on the Net Client Hunting Use application or service days on special use permit.)
(b) Attach a completed land use form (Form L-1) with landowner information or a copy of your current permit from the authorized permitting agency for the land and water where operations are conducted. If using motorized watercraft on navigable waters, you must attach a copy of your U.S. Coast Guard captains license.
(c)
Attach completed Net Client Hunting Use application if operating on lands other than National Forest.
Type of Game
District Hunted
(FWP)
Drainage or Specific Area Hunted
Permitting Agency or Landowner
Counties Hunted
Average length of Trips (Days)
Approximate Number of Trips Per Year
Maximum Number of Guests at One Time
Day Use, Overnight, or Both
Type of Lodging Provided
Type of Facility
Location, (Section, Township, Range)
FWP Region
Physical Address
# of Miles from Base of Operations
Name of Ranch or Motel
FACILITY LOCATIONS (ONLY IF YOU PAY FOR OR PROVIDE THE LODGING):
Board of Outfitters OUT Operation Plan Appl
Revised 03/30/2009Page 4 of 6
SECTION D: EQUIPMENT AND INSPECTION
Provide the requested information for facilities, livestock, tack and equipment for overall outfitter operation.
a. FACILITIES (ONLY IF YOU PAY FOR OR PROVIDE THE LODGING):
Lodges: Number of lodges: , # Owned___ #Leased ; rooms and beds .
Are meals provided at the lodge? Yes No .
List maximum number of guests that can be served at one time .
Cabins: Number of cabins , # Owned___ #Leased .
Are they equipped with cooking facilities? Yes No .
Maximum number of guests per cabin . List # of cook stoves . List # of heating stoves .
Tents: Number of tents: sleeping , # Owned___ #Leased ; cooking , # Owned___ #Leased ;
tack tents , # Owned___ #Leased . Food serving equipment for number of
guests and employees. List # of cook stoves . List # of heating stoves ___.
List all vehicles, boats, rafts, trailers, camping trailers, and other large equipment by the criteria listed below and indicate if owned or leased:
TYPE OF VEHICLE, (TRUCK,BOAT, TRAILER, ETC.)
MAKE
MODEL
YEAR
DESCRIPTION
OWNED OR LEASED
For Inspection Purposes Only.
(S or U)
FIRST AID KITS: TACK:
TYPE
NUMBER/
QUANTITY
OWNED
LEASED
RIDING SADDLE
PACK SADDLES
PANNIERS
MANTIES
BLANKETS/
PADS
BRIDLES
HALTERS
HARNESS
TYPE
NUMBER/
QUANTITY
OWNED
LEASED
BASIC
ADVANCED
OTHER
BOATING EQUIPMENT:
TYPE
NUMBER/
QUANTITY
OWNED
LEASED
OARS
LIFE JACKETS
PUMPS
PADDLES
MOTORS
LIVESTOCK:
LIST ANY ADDITIONAL EQUIPMENT:
TYPE
NUMBER/
QUANTITY
OWNED
LEASED
HORSE
MULE
OTHER
Board of Outfitters OUT Operation Plan Appl
Revised 03/30/2009
Page 5 of 6
SECTION E: EMPLOYEE AND GENERAL INFORMATION
What is the average number of fishing guides you will hire or contract with each year? _____
What is the average number of hunting guides you will hire or contract with each year? _____
What is the average number of other employees you will hire or contract with each year? _____
Do you rent transportation or equipment from your employees? Yes _____ No _____
Do you rent from any other sources? Yes _____ No _____
SECTION F: PROOF OF INSURANCE
If available at time of application provide the following information regarding required liability insurance. (Note: Proof of current insurance will be required before a license will be issued per [ARM 24.171.509] and may be provided after passing the outfitter exam.)
(a) policy owner _______________________________________________________________________
(b) policy number _____________________________________________________________________
(c) insurance company name _____________________________________________________________
(d) effective dates _____________________________________________________________________
(e) name of insurance agent _____________________________________________________________
(f) agent phone number ________________________________________________________________
SECTION G:
ATTACH A COPY OF YOUR PROPOSED RATE SCHEDULE AND DEPOSIT REFUND POLICY [ARM 24.171.2301]
SECTION H: CERTIFICATION AND SIGNATURE
I hereby certify that the information provided is correct, the equipment listed is owned or leased by the outfitter or the business for which the outfitter's license is issued, is in good operating condition and is satisfactory for the services to be performed. I also certify that the authorized land use agency or land owner has issued permission approving use of the land or water for operations identified herein or that the agency or land owner has been contacted personally and an authorized response has been received approving the land or water use without written permission.
_________________________________________________
Signature of Outfitter & Date
_________________________________________________
Signature of Sole Proprietor,
General Partner or Corporate Officer
Board of Outfitters OUT Operation Plan Appl
Revised 03/30/2009
Page 6 of 6
THIS SECTION FOR INSPECTION PURPOSES ONLY. WAS EQUIPMENT AND LIVESTOCK SUFFICIENT TO PERFORM THE SERVICES LISTED? YES NO. LIST ANY DEFICIENCIES AND COMMENTS: ______________
_______________________________________________________________________________________________
________________________________________________________________________________________________
LIST ANY ADDITIONAL EQUIPMENT THAT NEEDS TO BE ADDED TO THE OPERATIONS PLAN OR COMMENTS ABOUT THE INSPECTION: ____________________________________________________________
________________________________________________________________________________________________
________________________________________________________________________________________________
ON THE BASIS OF THE GENERAL APPEARANCE OF THE EQUIPMENT YOU INSPECTED, WOULD YOU SUGGEST THE BOARD OF OUTFITTERS ISSUE THE APPLICANT AN OUTFITTER'S LICENSE? YES NO
INSPECTION CHECKLIST: INITIAL DATE
GENERAL INFORMATION VERIFIED
INSURANCE VERIFIED
LODGING AND EQUIPMENT VERIFIED
AREA OF OPERATIONS VERIFIED
PERMITS OR LEASES VERIFIED
(attach) RATE SHEET AND DEPOSIT REFUND POLICY
INDEPENDENT CONTRACTOR USE EXPLAINED
SET-ASIDE LICENSE USE EXPLAINED
OPERATION PLAN AMENDMENTS EXPLAINED
CLIENT LOG COMPLETION EXPLAINED ________ _______
NET CLIENT HUNTER USE EXPLAINED ________ _______
INSPECTOR'S NAME: INSPECTION DATE
