36-2103. EXCEPTIONS. (1) The foregoing definitions of the terms "outfitter" and "guide" do not include:
(a) Private landowners and their employees who provide facilities or services, whether for compensation or not, upon their own privately owned property. Nothing in this exception shall prohibit landowners or their employees from voluntary licensure;
(b) A person who furnishes, rents or leases, whether or not for compensation or gain or promise thereof, a pack or saddle horse, or other equipment, to a hunter or a fisherman. A person so furnishing, renting or leasing a pack or saddle horse or other equipment shall not be considered an "outfitter" or "guide" if, on an incidental basis, they accompany a hunter, not to include extended camping, for the purpose of maintaining the safety and well-being of the livestock used to retrieve harvested big game; or
(c) Members of a nonprofit organization if the organization meets the following criteria: (i) it is exempt from the payment of federal income taxes under section 501(c)(3) of the Internal Revenue Code; (ii) its purpose is to provide outdoor experiences to young persons under twenty-one (21) years of age and to its leaders; and (iii) it provides outfitting and guiding services to its own bona fide members on a not-for-profit basis. If the members of the nonprofit organization provide outfitting or guiding services to persons who are not its members and leaders, the provisions of this chapter shall apply to that organization, its members and leaders.
(2) A person who obtains permission to outfit or guide on private property from the property owner is required to be licensed as an outfitter or guide unless the terms of a written agreement with the property owner do not require licensure.
History:
[36-2103, added 1976, ch. 95, sec. 2, p. 388; am. 1991, ch. 157, sec. 1, p. 373; am. 2001, ch. 271, sec. 2, p. 990; am. 2014, ch. 256, sec. 3, p. 647.]
Structure Idaho Code
Chapter 21 - OUTFITTERS AND GUIDES
Section 36-2101 - DECLARATION OF POLICY.
Section 36-2102 - DEFINITIONS.
Section 36-2104 - LICENSE A PREREQUISITE FOR OUTFITTING AND GUIDING.
Section 36-2105 - CREATION OF IDAHO OUTFITTERS AND GUIDES LICENSING BOARD.
Section 36-2106 - APPOINTMENT AND QUALIFICATION OF MEMBERS — ORGANIZATION OF BOARD.
Section 36-2107 - POWERS AND DUTIES OF BOARD.
Section 36-2108 - APPLICATION FOR LICENSE — CONTENTS — FEE — QUALIFICATIONS — TERM — BOND.
Section 36-2109 - FORM AND TERM OF LICENSE — NOTICE OF DENIAL.
Section 36-2110 - OPERATIONS OF LICENSEES — ADJUSTMENT OF AREA — RULES.
Section 36-2111 - DISPOSITION OF FUNDS — CONTINUING APPROPRIATION.
Section 36-2112 - LICENSED OUTFITTERS MAY ACT AS GUIDES.
Section 36-2113 - REVOCATION OR SUSPENSION OF LICENSE — GROUNDS.
Section 36-2114 - REVOCATION OR SUSPENSION OF LICENSE — REVIEW OF DENIAL OF LICENSE — PROCEDURE.
Section 36-2115 - REVIEW OF BOARD ACTION.
Section 36-2116 - COMPLAINT FOR VIOLATION — PROSECUTION BY COUNTY ATTORNEY.
Section 36-2117 - PENALTY FOR VIOLATIONS — PROSECUTING ATTORNEY TO PROSECUTE.
Section 36-2117A - CIVIL PENALTY FOR VIOLATIONS.
Section 36-2118 - LICENSE A PREREQUISITE FOR RECOVERY OF COMPENSATION.