Montana Code 37-47-101. Definitions
37-47-101. Definitions. As used in this chapter, unless the context requires otherwise, the following definitions apply:
Terms Used In Montana Code 37-47-101
- Board: means the board of outfitters provided for in 2-15-1773. See Montana Code 37-47-101
- Consideration: means something of value given or done in exchange for something of value given or done by another. See Montana Code 37-47-101
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the department of labor and industry provided for in Title 2, chapter 15, part 17. See Montana Code 37-47-101
- Emergency: means an unforeseen combination of circumstances or the resulting state that calls for immediate action. See Montana Code 37-47-101
- Guide: means a person who is employed by or who has contracted independently with a licensed outfitter and who accompanies a participant during outdoor recreational activities that are directly related to activities for which the outfitter is licensed. See Montana Code 37-47-101
- NCHU: means the number of clients authorized to be served by an outfitter on private and state land and on any federal land where an outfitter's use of the federal land is not limited by some means other than NCHU. 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
- Participant: means a person using the services offered by a licensed outfitter. See Montana Code 37-47-101
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)”Accompany” means to go with or be together with a participant as an escort, companion, or other service provider, with an actual physical presence in the area where the activity is being conducted and within sight or sound of the participant at some time during the furnishing of service.
(2)”Board” means the board of outfitters provided for in 2-15-1773.
(3)”Business entity” means any version of a proprietorship, partnership, corporation, or limited liability company.
(4)”Consideration” means something of value given or done in exchange for something of value given or done by another.
(5)”Department” means the department of labor and industry provided for in Title 2, chapter 15, part 17.
(6)”Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action.
(7)”Guide” means a person who is employed by or who has contracted independently with a licensed outfitter and who accompanies a participant during outdoor recreational activities that are directly related to activities for which the outfitter is licensed.
(8)”License year” means the period indicated on the face of the license for which the license is valid.
(9)”Net client hunter use” or “NCHU” means the number of clients authorized to be served by an outfitter on private and state land and on any federal land where an outfitter’s use of the federal land is not limited by some means other than NCHU.
(10)”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.
(11)”Outfitter’s assistant” means a person who is employed or retained by and directed by a licensed outfitter to perform the tasks of a guide when a guide’s license cannot be readily attained prior to or during the service of a participant due to an emergency. The person may not represent to the public that the person is an outfitter or guide.
(12)”Participant” means a person using the services offered by a licensed outfitter.