Administrative Rules of Montana › Department 12 - FISH, WILDLIFE, AND PARKS › Chapter 12.14 - COMMERCIAL USE › Subchapter 12.14.1 - Commercial Use Permitting Requirements › Rule 12.14.101 - DEFINITIONS

Current through Register Vol. 13, July 5, 2024
(1) "Allocation" means distributing limited
				use opportunities when a rationing system is in place.
(2) "Authorization" means written permission
				granted to a person or entity by the department to conduct commercial use.
(3) "Board" means the State Parks
				and Recreation Board of the state of Montana.
(4) "Commercial use" means any person or
				entity that utilizes land under the control, administration, and jurisdiction
				of the Montana Department of Fish, Wildlife and Parks for consideration.
				Commercial use includes any person, group, or organization, that makes or
				attempts to make a profit, vend a service or product, receive money, amortize
				equipment, or obtain goods or services as compensation from participants in
				activities occurring on land that is under the control, administration, and
				jurisdiction of the department. This includes nonprofit organizations and
				educational groups that receive money from participants in activities occurring
				on department land. This includes a person whose business operates on
				department land, regardless of that person's physical presence at the site, but
				does not include a person who rents, sells, or otherwise provides equipment or
				merchandise that is used on department land unless the renting, selling,
				delivering, or providing of equipment or merchandise takes place on department
				land. Examples of commercial use that are governed by these rules include but
				are not limited to: trail rides, guided walks or tours, float trips, guided
				angling or hunting, game retrieval, professional dog training, equipment
				rentals, retail sales, food concessions, filming, firewood cutting,
				construction-related activities, research when accompanied by paying clients,
				or any combination thereof.
(5)
				"Commission" means the Fish and Wildlife Commission of the state of
				Montana.
(6) "Concession service"
				means a commercial business that provides multiple services or products on
				department land. Examples include but are not limited to marinas, lodging,
				equipment rental or sales, retail sales, and food services.
(7) "Consideration" means something of value
				given or done in exchange for something of value given or done by
				another.
(8) "Department" means the
				Department of Fish, Wildlife and Parks of the state of Montana.
(9) "Department land" means all lands under
				the control, administration, or jurisdiction of the Department of Fish,
				Wildlife and Parks.
(10)
				"Educational group" means an organized group that is officially recognized as
				an educational or scientific institution by a federal, state, or local
				government entity. Documentation of this recognition must be on institutional
				letterhead and include a signature by the head of the institution/department
				and documentation of official educational or scientific tax exemption as
				granted by the Internal Revenue Service.
(11) "Guide" means a person who is employed
				by or who has contracted independently with a licensed outfitter and who
				accompanies a participant during outdoor recreational activities that are
				directly related to activities for which the outfitter is licensed.
(12) "Mitigation" means an enforceable
				measure, within the authority of the agency or mutually agreed to by the permit
				holder that is designed to reduce or prevent undesirable effects or impacts of
				the proposed use.
(13) "Nonprofit
				organization" means an organization that is officially registered as a
				501(c)(3) tax exempt organization.
(14) "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 these
				purposes or supervises a licensed guide or professional guide in accompanying
				that person.
(15) "Ration" means to
				regulate use intensity by limiting the amount of use on a site.
(16) "Restricted water body" means a body of
				water regulated by special rules governing commercial use, such as rules that
				restrict the timing, location, amount, or type of commercial use that occurs.
				"Restricted water body" includes a body of water that is under a cooperative
				management agreement with another agency concerning commercial use.
(17) "Site" means an individual unit of land,
				or portion thereof, owned or managed by the department.
(18) "Water-based service provider" means any
				person who for consideration provides any facilities; camping equipment;
				vehicle, watercraft, or other conveyance; or personal service for any person to
				float or otherwise recreate on the water in the absence of hunting or angling,
				and who accompanies that person, either part or all of the way, on an
				expedition for any of these purposes or supervises a person in accompanying
				that person.
23-1-105,
					 23-1-106,
					 87-1-301,
					 87-1-303, MCA; IMP,
					 23-1-105,
					 23-1-106,
					 87-1-303,
					 MCA;