36-2103 EXCEPTIONS.

36-2103. Exceptions. (1) The definitions of the terms "outfitter" and "guide" provided in this chapter 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, such person accompanies 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;

(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; or

(d) A public or private postsecondary educational institution accredited by an organization recognized by the state board of education.

(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; am. 2025, ch. 10, sec. 1, p. 34.]