TITLE 36

FISH AND GAME

CHAPTER 21

OUTFITTERS AND GUIDES

36-2102.  Definitions. [EFFECTIVE UNTIL JULY 1, 2028] (a) "Person" includes any individual, firm, partnership, corporation or other organization or any combination thereof.

(b)  "Outfitter" includes any person who, while engaging in the acts enumerated herein: (1) advertises or otherwise holds himself out to the public for hire; (2) provides facilities and services for consideration; and (3) maintains, leases, or otherwise uses equipment or accommodations for compensation for the conduct of outdoor recreational activities that are known to involve inherent risk limited to the following: hunting animals or birds; float or power boating on Idaho lakes, reservoirs, rivers, and streams; fishing on Idaho lakes, reservoirs, rivers, and streams; and hazardous desert or mountain excursions. Any firm, partnership, corporation or other organization or combination thereof operating as an outfitter shall designate one (1) or more individuals as agents who shall, together with the licensed outfitter, be held responsible for the conduct of the licensed outfitter’s operations and who shall meet all of the qualifications of a licensed outfitter.

(c)  "Guide" is any natural person who is employed by a licensed outfitter to furnish personal services for the conduct of outdoor recreational activities directly related to the conduct of activities for which the employing outfitter is licensed. Any such person not employed by a licensed outfitter who offers or provides facilities or services as specified in subsection (b) of this section shall be deemed in violation of the provisions of this chapter, except: (1) any employee of the state of Idaho or the United States when acting in his official capacity, or (2) any natural person who is employed by a licensed outfitter solely for the following activities: caring for, grooming or saddling of livestock, cooking, woodcutting, and transporting people, equipment and personal property on public roads shall be exempt from the provisions of this chapter.

(d)  "Board" means the Idaho outfitters and guides licensing board.

(e)  "License year" means that period of time beginning on April 1 and expiring March 31 the following year.

(f)  "Individual" means any person other than a partnership, corporation or any other organization or combination thereof.

(g)  "Allocated tag" means a hunting tag that has been allocated by the fish and game commission pursuant to section 36-408(4),Idaho Code.

(h)  "Capped hunt" means a game management area, unit, or zone for which the fish and game commission has limited or "capped" the number of deer or elk tags available for use in a general season hunt.

(i)  "Controlled hunt" means a hunt for a species that has a framework determined by the fish and game commission and that has a limited number of tags that are distributed by random drawing to hunters.

(j)  "Outfitted hunter tag use history" means the number of tags used by clients of an outfitter for the hunt or hunts with the most similar framework to the hunt for which the allocated tag is being designated.

(k)  "Remaining allocated tag" means an allocated tag in an existing capped or controlled hunt that would have been designated to a particular outfitting operation had the outfitting operation used all of its previously designated allocated tags in the preceding big game season or seasons and that will be designated pursuant to this chapter.

(l)  "Base allocation" means the historic tag use of an outfitting operation over the preceding two (2) years in a given hunt as computed in section 36-2120(2), Idaho Code.

(m)  "Pool" means a group of tags that have not been utilized or have been surrendered by the outfitting operation to which they were originally designated and are made available to other operations in the same hunt.

(n)  "Utilized" means that a tag has been purchased, exchanged, or converted at the department of fish and game as a designated allocated tag.

(o)  "Commission" means the Idaho fish and game commission.

(p)  "Compensation" means the receipt, exchange, or taking of goods, services, or cash in exchange for outfitted or guided activities. A bona fide charging of out-of-pocket travel expenses by members of a recreational party is not deemed compensation. However, such out-of-pocket expenses shall not include depreciation, amortization, wages, or other recompense.

(q)  "Facilities and services" or "facilities or services" means the provision of personnel; lodging, including a tent, home, lodge, or hotel or motel; transportation, other than by commercial carrier; guiding; preparation and serving of food and equipment; or any other accommodation for the benefit of clientele in the conduct of outdoor recreational activities as designated in subsection (b) of this section.

(r)  "Hazardous desert or mountain excursions" means outfitted or guided activities conducted in a desert or mountainous environment that may constitute a potential danger to the health, safety, or welfare of participants involved and are known to involve inherent risk. These activities include day or overnight trailrides, backpacking, technical mountaineering and rock climbing, cross-country skiing, backcountry alpine skiing, animal pack trips, snowmobiling, operating an all-terrain vehicle, paragliding, anadromous fishing, chukar hunting, trapping, motored and non-motored cycling, wagon rides, sleigh rides, and dog sled rides.

(s)  "Minor amendment" means all outfitter license amendment requests that can be processed by the board without requiring recommendation of a land managing agency or other agency before the board takes final action on said amendment request.

(t)  "Operating area" means the area assigned by the board to an outfitter for the conduct of outfitting activities.

(u)  "Out-of-pocket expenses" means the direct expenses attributable to a recreational activity. Such direct expenses do not include compensation for either sponsors or participants, amortization or depreciation of debt or equipment, or costs of nonexpendable supplies.

36-2102.  Definitions. [EFFECTIVE JULY 1, 2028] (a) "Person" includes any individual, firm, partnership, corporation or other organization or any combination thereof.

(b)  "Outfitter" includes any person who, while engaging in the acts enumerated herein: (1) advertises or otherwise holds himself out to the public for hire; (2) provides facilities and services for consideration; and (3) maintains, leases, or otherwise uses equipment or accommodations for compensation for the conduct of outdoor recreational activities that are known to involve inherent risk limited to the following: hunting animals or birds; float or power boating on Idaho lakes, reservoirs, rivers, and streams; fishing on Idaho lakes, reservoirs, rivers, and streams; and hazardous desert or mountain excursions. Any firm, partnership, corporation or other organization or combination thereof operating as an outfitter shall designate one (1) or more individuals as agents who shall, together with the licensed outfitter, be held responsible for the conduct of the licensed outfitter’s operations and who shall meet all of the qualifications of a licensed outfitter.

(c)  "Guide" is any natural person who is employed by a licensed outfitter to furnish personal services for the conduct of outdoor recreational activities directly related to the conduct of activities for which the employing outfitter is licensed. Any such person not employed by a licensed outfitter who offers or provides facilities or services as specified in subsection (b) of this section shall be deemed in violation of the provisions of this chapter, except: (1) any employee of the state of Idaho or the United States when acting in his official capacity, or (2) any natural person who is employed by a licensed outfitter solely for the following activities: caring for, grooming or saddling of livestock, cooking, woodcutting, and transporting people, equipment and personal property on public roads shall be exempt from the provisions of this chapter.

(d)  "Board" means the Idaho outfitters and guides licensing board.

(e)(i)  "Renewal cycle" for outfitters and their designated agents means that period of time beginning on April 1 and expiring March 31 the following year for a one (1) year license or March 31 of the subsequent year for a two (2) year license.

(ii) "Renewal cycle" for a guide shall be on the licensee’s birthday. A guide may renew the guide’s license up to twelve (12) weeks prior to the expiration date.

(f)  "Individual" means any person other than a partnership, corporation or any other organization or combination thereof.

(g)  "Allocated tag" means a hunting tag that has been allocated by the fish and game commission pursuant to section 36-408(4),Idaho Code.

(h)  "Capped hunt" means a game management area, unit, or zone for which the fish and game commission has limited or "capped" the number of deer or elk tags available for use in a general season hunt.

(i)  "Controlled hunt" means a hunt for a species that has a framework determined by the fish and game commission and that has a limited number of tags that are distributed by random drawing to hunters.

(j)  "Outfitted hunter tag use history" means the number of tags used by clients of an outfitter for the hunt or hunts with the most similar framework to the hunt for which the allocated tag is being designated.

(k)  "Remaining allocated tag" means an allocated tag in an existing capped or controlled hunt that would have been designated to a particular outfitting operation had the outfitting operation used all of its previously designated allocated tags in the preceding big game season or seasons and that will be designated pursuant to this chapter.

(l)  "Base allocation" means the historic tag use of an outfitting operation over the preceding two (2) years in a given hunt as computed in section 36-2120(2), Idaho Code.

(m)  "Pool" means a group of tags that have not been utilized or have been surrendered by the outfitting operation to which they were originally designated and are made available to other operations in the same hunt.

(n)  "Utilized" means that a tag has been purchased, exchanged, or converted at the department of fish and game as a designated allocated tag.

(o)  "Commission" means the Idaho fish and game commission.

(p)  "Compensation" means the receipt, exchange, or taking of goods, services, or cash in exchange for outfitted or guided activities. A bona fide charging of out-of-pocket travel expenses by members of a recreational party is not deemed compensation. However, such out-of-pocket expenses shall not include depreciation, amortization, wages, or other recompense.

(q)  "Facilities and services" or "facilities or services" means the provision of personnel; lodging, including a tent, home, lodge, or hotel or motel; transportation, other than by commercial carrier; guiding; preparation and serving of food and equipment; or any other accommodation for the benefit of clientele in the conduct of outdoor recreational activities as designated in subsection (b) of this section.

(r)  "Hazardous desert or mountain excursions" means outfitted or guided activities conducted in a desert or mountainous environment that may constitute a potential danger to the health, safety, or welfare of participants involved and are known to involve inherent risk. These activities include day or overnight trailrides, backpacking, technical mountaineering and rock climbing, cross-country skiing, backcountry alpine skiing, animal pack trips, snowmobiling, operating an all-terrain vehicle, paragliding, anadromous fishing, chukar hunting, trapping, motored and non-motored cycling, wagon rides, sleigh rides, and dog sled rides.

(s)  "Minor amendment" means all outfitter license amendment requests that can be processed by the board without requiring recommendation of a land managing agency or other agency before the board takes final action on said amendment request.

(t)  "Operating area" means the area assigned by the board to an outfitter for the conduct of outfitting activities.

(u)  "Out-of-pocket expenses" means the direct expenses attributable to a recreational activity. Such direct expenses do not include compensation for either sponsors or participants, amortization or depreciation of debt or equipment, or costs of nonexpendable supplies.

History:

[36-2102, added 1976, ch. 95, sec. 2, p. 387; am. 1977, ch. 162, sec. 1, p. 418; am. 1988, ch. 269, sec. 2, p. 887; am. 1990, ch. 254, sec. 1, p. 727; am. 2001, ch. 271, sec. 1, p. 989; am. 2014, ch. 256, sec. 2, p. 646; am. 2017, ch. 118, sec. 1, p. 271; am. 2020, ch. 113, sec. 2, p. 360; am. 2023, ch. 152, sec. 1, p. 406; am. 2024, ch. 86, sec. 55, p. 422.]