Montana Code 37-47-325. Outfitter’s assistants — exemption from licensing
37-47-325. Outfitter’s assistants — exemption from licensing. (1) An outfitter may hire or retain an outfitter’s assistant.
Terms Used In Montana Code 37-47-325
- Board: means the board of outfitters provided for in 2-15-1773. See Montana Code 37-47-101
- 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. See Montana Code 37-47-101
- 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 outfitter's assistant in accompanying that person. See Montana Code 37-47-101
(2)An outfitter’s assistant is not required to obtain a license under this chapter.
(3)The outfitter’s assistant must carry proof of employment as required by the board by rule.
(4)(a) An outfitter who employs or retains an outfitter’s assistant is responsible for ensuring that the outfitter’s assistant:
(i)safeguards the public health, safety, and welfare while providing services; and
(ii)is qualified and competent to perform the tasks of a guide.
(b)The board shall hold an outfitter who employs or retains an outfitter’s assistant responsible under the provisions of 37-1-316, 37-47-341, and 37-47-402 for any acts or omissions by the outfitter’s assistant in the ordinary course and scope of duties assigned by the outfitter.
(5)The outfitter’s assistant may not be employed or retained by an outfitter for more than 15 days in a calendar year unless the outfitter’s assistant is actively obtaining a guide’s license pursuant to this part and the board determines that the license application is routine for purposes of 37-1-101.
(6)An outfitter may use more than one outfitter’s assistant in a calendar year.
(7)An outfitter’s assistant may be employed or retained by an outfitter on more than one occasion in a calendar year if:
(a)the outfitter’s assistant is not employed or retained for more than 15 days as an outfitter’s assistant in that calendar year; or
(b)the outfitter’s assistant is actively obtaining a guide’s license and the board determines that the license application is routine for purposes of 37-1-101.