Montana Code 37-47-301. License required — services performed — standards
37-47-301. License required — services performed — standards. (1) A person may not act as an outfitter or guide or advertise or otherwise represent to the public that the person is an outfitter or guide without first securing a license in accordance with the provisions of this part.
Terms Used In Montana Code 37-47-301
- 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
- Participant: means a person using the services offered by a licensed outfitter. See Montana Code 37-47-101
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
- Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
(2)Whenever an outfitter is engaged by a participant, the outfitter shall keep records as required by the board.
(3)Outfitters, guides, and other employees of an outfitter may not shoot, kill, or take big game animals for or in competition with those employing them while acting as outfitters, guides, or employees of an outfitter.
(4)Outfitters utilizing lands under the control of the United States government shall obtain the proper permits required by the government office responsible for the area in which the outfitter intends to operate and shall comply with all applicable rules and regulations established for these lands.
(5)Outfitters may not willfully and substantially misrepresent their facilities, prices, equipment, services, or hunting or fishing opportunities.
(6)Outfitters and their contractors, employees, agents, and representatives shall take every reasonable measure to provide the outfitter’s advertised services.
(7)An outfitter may not hire or retain a guide who does not hold a current license as provided under this part.