Rule 12.14.120 - COMMERCIAL USE PERMITS(1) A permit is required in advance to conduct commercial use on land under the control, administration, and jurisdiction of the department. (2) The department administers two types of commercial use permits: (a) fishing access site permit; and(b) restricted use permit. (3) The department may issue a commercial use permit to a person as an individual, or as a representative of an entity or business. When authorizing water-based fishing outfitting or guiding, the department may only issue the permit to a licensed outfitter or guide. The applicant must obtain all other licenses or permits required by state or federal law in order to receive a commercial use permit.(4) A commercial use permit is not a property right and may be revoked, amended, or suspended at any time for cause. Causes for revoking, amending, or suspending a permit include but are not limited to the following: (a) failure to comply with the commercial use rules;(b) failure to pay required permit fees;(c) falsifying records of use;(d) failure to comply with the terms of the permit;(e) failure to comply with state or federal rules or laws pertaining to resource and land management;(f) failure to obtain other required state or federal permits;(g) impacts on resources or the public; or(h) changing conditions or management objectives at a site.(5) The availability, terms, and conditions of a commercial use permit may vary based on the regulations and management plan in place at the site where the use would occur. The department may issue a citation for failure to comply with the terms of the permit. The department may refuse applications for a permit if the use would occur at a site where commercial use is rationed and there are no additional opportunities to conduct such use.(6) The department may require commercial users to report their use of department land. The department may require commercial users to maintain and have on their person for department inspection a logbook for recording commercial use. The department shall include specific reporting requirements as permit or contract stipulations.(7) A commercial use permit may only be used by the holder of the permit. The permit holder may not sell, lease, or rent the permit, or otherwise receive compensation from another person for the opportunity to use the permit. The permit holder may hire or contract persons to provide authorized services provided that said persons do not recruit clients, make agreements with clients concerning monetary consideration or services provided, or advertise any business other than the permitted business when conducting the permitted use. The permit holder is responsible for ensuring that the persons hired or contracted comply with the terms of the permit.(8) A guide hired or contracted by an outfitter to provide authorized services may collect payment on behalf of the outfitter for services provided. Any and all payments must: (b) name the outfitter that hired or contracted the services; and (c) be directly deposited to the outfitter that hired or contracted the guide. (9) The requirements in (8) do not prohibit a hired or contracted guide from receiving a cash tip that is separate from any payment received for services provided. Proof of compliance with this rule must be made available to the department upon request. Any violation of these rules is subject to any and all penalties and fines by law.(10) The permit holder may pay an agent to recruit clients, make arrangements with clients concerning monetary consideration or services provided, and collect fees from clients provided that the agent does not conduct the authorized services.(11) A commercial use permit is not transferable and is void when a business is sold or transferred. Upon the sale or transfer of a permitted business, the person selling the business shall notify the new owner that the new owner is required to obtain a new commercial use permit pursuant to this subchapter.(12) If the recipient of a commercial use permit sells or transfers in entirety the part of his/her business that is operated under that commercial use permit, the department shall issue a new commercial use permit to the new owner so long as the seller has remitted all fees due to the department and so long as the buyer has obtained all other licenses or permits required by state or federal law and agrees to the terms of the permit. The new permit shall have the same expiration date as the seller's permit. (13) If the recipient of a commercial use permit sells or transfers in entirety the part of their business that operated under that commercial use permit, any rationed units of use that were previously allocated to the seller shall be reallocated to the new owner of that business. Upon the sale or transfer of a permitted business, the person selling or transferring the business shall notify the new owner that the use of rationed units of use is subject to change pursuant to rules adopted by the commission and that no property right attaches to the rationed units of use.(14) The recipient of a commercial use permit may not sell, lease, rent, or otherwise receive compensation from another person for the opportunity to use client days or other allocated units of use, temporarily or permanently except that Smith River outfitters may lease, rent, or otherwise receive compensation from another Smith River outfitter for the opportunity to use a Smith River outfitter launch within a single use season.Mont. Admin. r. 12.14.120
AMD, 2015 MAR p. 18, Eff.1/16/2015.23-1-105, 23-1-106, 23-1-111, 87-1-301, 87-1-303, MCA; IMP: 23-1-105, 23-1-106, 87-1-303, MCA;