Lets look at an example of scary proportions. Say I booked a dream hunt for my aging Father. He seems the picture of health but who knows. I read up on lots of outfitter sites about the quality and dependability of their guides. They must have first aid cards. But upon arriving for his hunt, my Father is notified (or not) that his guide is not available and he'll have a OA. No experience and no first aid. I may have saved for years to do this and I want what was promised originally....experience and first aid. I don't want to be involved with any friends or relatives booking hunts without the prompt notification that situations have changed and the outfitter can't deliver as promised. It is a breach of contract to not get the level of service promised!
Moga introduced and subsequently passed an Outfitter Assistant Law in the last legislature. It was billed as a bill for outfitters to fill guide spots in an "emergency". Unfortunately "emergency" wasn't defined. It was sold as a "try and see if it works". It has a sunset and now Moga is pushing to rid itself of the sunset with the reasoning that "outfitters like it". There is a requirement that outfitters notify clients that they have an OA and that the OA may not have first aid. Only fair as there may be health issues or issues of experienced guides promised in the original data given to the client.
We view "trying it" as a test of compliance with rules and not seeing abuse. Here is how it works. An outfitter can use an OA under so-called emergency conditions. It is a real consequence of having employees; some don't show, some quit, some must be fired. Chit happens. Any business hiring part time help faces the same thing. Most businesses in this boat, including mine, are proactive enough to have someone to fill in already planned and basic requirements met ahead of time. But, most times the public's health, safety and welfare are not in question. With OA there certainly is questions of safety, health, and welfare of the public because there are NO requirements for an OA...no, not even first aid. They can grab any fool off a barstool and wham, he is an OA.
We want to know if clients are in fact being notified and just how much abuse comes in under cover of "emergency". It does look like some folks are abusing this statute. The Montana Sportsmen Alliance will be moving forward with legislation on this issue. The sunset should be allowed to take affect if there is no examination of abuse or compliance.
We might be willing to look at some sort of "emergency" guide provided emergency has some perameters and providing that the client has signed off on a written statement of OA use.
There are hoops that must be jumped thru to assure the public is protected from poor business practices. Moga bills itself as the savior of Non-Residents but this seems to tell the real story.
We are curious how the hunting public views this situation.
Joe
Moga introduced and subsequently passed an Outfitter Assistant Law in the last legislature. It was billed as a bill for outfitters to fill guide spots in an "emergency". Unfortunately "emergency" wasn't defined. It was sold as a "try and see if it works". It has a sunset and now Moga is pushing to rid itself of the sunset with the reasoning that "outfitters like it". There is a requirement that outfitters notify clients that they have an OA and that the OA may not have first aid. Only fair as there may be health issues or issues of experienced guides promised in the original data given to the client.
We view "trying it" as a test of compliance with rules and not seeing abuse. Here is how it works. An outfitter can use an OA under so-called emergency conditions. It is a real consequence of having employees; some don't show, some quit, some must be fired. Chit happens. Any business hiring part time help faces the same thing. Most businesses in this boat, including mine, are proactive enough to have someone to fill in already planned and basic requirements met ahead of time. But, most times the public's health, safety and welfare are not in question. With OA there certainly is questions of safety, health, and welfare of the public because there are NO requirements for an OA...no, not even first aid. They can grab any fool off a barstool and wham, he is an OA.
We want to know if clients are in fact being notified and just how much abuse comes in under cover of "emergency". It does look like some folks are abusing this statute. The Montana Sportsmen Alliance will be moving forward with legislation on this issue. The sunset should be allowed to take affect if there is no examination of abuse or compliance.
We might be willing to look at some sort of "emergency" guide provided emergency has some perameters and providing that the client has signed off on a written statement of OA use.
There are hoops that must be jumped thru to assure the public is protected from poor business practices. Moga bills itself as the savior of Non-Residents but this seems to tell the real story.
We are curious how the hunting public views this situation.
Joe
