Montana Code 37-47-310. Transfer or amendment of outfitter’s license — partial sale of outfitter business
37-47-310. Transfer or amendment of outfitter‘s license — partial sale of outfitter business. (1) An outfitter’s license may not be transferred.
Terms Used In Montana Code 37-47-310
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Board: means the board of outfitters provided for in 2-15-1773. See Montana Code 37-47-101
- Business entity: means any version of a proprietorship, partnership, corporation, or limited liability company. See Montana Code 37-47-101
- License year: means the period indicated on the face of the license for which the license is valid. 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
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
(2)An individual person may, upon proper showing, have that person’s outfitter’s operating plan amended to indicate that the license is being held for the use and benefit of a named business entity.
(3)Subject to approval by the board, a person designated by the family of an outfitter who is deceased or incapacitated due to physical or mental disease or injury or who is unable to carry out the responsibilities of an outfitter due to the outfitter’s status as an active member of the military may continue to provide outfitting services for the outfitter’s unexpired license year, or until the family sells the outfitting business, until the designee obtains an outfitter license.
(4)(a) Except as provided in subsection (4)(b), if changes are properly reflected in an operations plan, the partial sale or temporary transfer of a hunting or fishing outfitter’s business may not be prohibited.
(b)Transfer of river-use days for the Beaverhead and Big Hole Rivers may only be sold or transferred as part of a business in its entirety. On the sale or transfer of a fishing outfitter business on the Beaverhead or Big Hole Rivers, the outfitter who sells or transfers the business shall notify the new owner that the use of any transferred river-use days is subject to change pursuant to rules adopted by the fish and wildlife commission and that a property right does not attach to the transferred river-use days.