TITLE 36

FISH AND GAME

CHAPTER 21

OUTFITTERS AND GUIDES

36-2107.  Powers and duties of board. The board shall have the following duties and powers:

(a)  To conduct examinations to ascertain the qualifications of applicants for outfitter’s or guide’s licenses, and to issue such licenses to qualified applicants, with such restrictions and limitations thereon as the board may find reasonable.

(b)  To prescribe and establish rules of procedure to carry into effect the provisions of this chapter including, but not limited to, rules prescribing all requisite qualifications of training, experience, knowledge of rules of governmental bodies, condition and type of gear and equipment, and examinations to be given applicants, whether oral, written or demonstrative, or a combination thereof.

(c)  To conduct hearings and proceedings to suspend, revoke or restrict the licenses of outfitters or guides, and to suspend, revoke or restrict said licenses for due cause in the manner hereinafter provided.

(d)  The board is expressly vested with the power and the authority to enforce the provisions of this chapter, including obtaining injunctive relief, and to make and enforce any and all reasonable rules which shall by it be deemed necessary and which are not in conflict with the provisions of this chapter, for the express purpose of safeguarding the health, safety, welfare and freedom from injury or danger of those persons utilizing the services of outfitters and guides, and for the conservation of wildlife and range resources.

(e)  The board shall have the power to cooperate with the federal and state government through its appropriate agency or instrumentality in matters of mutual concern regarding the business of outfitting and guiding in Idaho.

(f)  The board shall have the power throughout the state of Idaho to request the attendance of witnesses and the production of such books, records and papers as may be required at any hearing before it. The board or its hearing officer may issue and serve subpoenas or subpoenas duces tecum in a manner consistent with chapter 52, title 67, Idaho Code, the rules of the office of the attorney general, and rules 45(e)(2) and 45(g) of the Idaho rules of civil procedure. Payment of fees or mileage for service of subpoenas or attendance of witnesses shall be paid by the board consistent with the provisions of chapter 52, title 67, Idaho Code, the rules of the office of the attorney general, and rule 45(e)(1) of the Idaho rules of civil procedure. Disobedience of a subpoena or subpoena duces tecum may be enforced by making application to the district court. Disobedience by a licensee of a subpoena or subpoena duces tecum issued by the board shall be deemed a violation of a board order.

(g)  The division administrator shall have the power to hire enforcement agents in order to conduct investigations and enforce the provisions of this chapter. All enforcement agents appointed by the board who are certified by the Idaho peace officer standards and training council shall have the power of peace officers limited to:

1.  Enforcement of the provisions of this chapter.

2.  Responding to express requests from other law enforcement agencies for aid and assistance in enforcing other laws. For purposes of this section, such a request from a law enforcement agency shall mean only a request as to a particular and singular violation or suspicion of violation of law and shall not constitute a continuous request for assistance outside the purview of enforcement of the provisions of this chapter.

(h)  The board shall designate the number of deer or elk tags allocated pursuant to section 36-408(4), Idaho Code, among the authorized outfitting operations within each capped or controlled zone, unit, or game management area in a fair and equitable manner designed to maximize the use of allocated tags by the outfitted public and promote predictability for individual outfitting operations that have previously used or ensured the use of the allocated tags designated to them. The board will report the number of tags designated to each outfitter operation back to the department of fish and game for distribution.

History:

[36-2107, added 1976, ch. 95, sec. 2, p. 389; am. 1978, ch. 131, sec. 2, p. 293; am. 1988, ch. 269, sec. 6, p. 889; am. 1989, ch. 360, sec. 1, p. 904; am. 1991, ch. 131, sec. 1, p. 287; am. 1991, ch. 268, sec. 1, p. 658; am. 1997, ch. 136, sec. 2, p. 406; am. 2001, ch. 170, sec. 2, p. 584; am. 2001, ch. 271, sec. 3, p. 990; am. 2003, ch. 205, sec. 1, p. 546; am. 2008, ch. 112, sec. 2, p. 314; am. 2019, ch. 243, sec. 2, p. 737; am. 2020, ch. 113, sec. 3, p. 361; am. 2021, ch. 221, sec. 1, p. 607; am. 2023, ch. 152, sec. 2, p. 408.]