Montana Code 37-47-404. Responsibility for violations of law
37-47-404. Responsibility for violations of law. (1) A person accompanying a hunting or fishing party as an outfitter, guide, or outfitter’s assistant is equally responsible with any person or party engaging the person as an outfitter for any violation of fish and game laws unless the violation is reported to a peace officer by the outfitter, guide, or outfitter’s assistant and the outfitter, guide, or outfitter’s assistant was not an active participant. An outfitter, guide, or outfitter’s assistant who willfully fails or refuses to report any violation of fish and game laws is liable for the penalties provided in this chapter. If a guide or outfitter’s assistant violates the laws or applicable regulations relating to fish and game, outfitting, or guiding with actual knowledge of an outfitter engaging the guide or outfitter’s assistant, the outfitter is legally responsible for the violation for all purposes under the laws or regulations if the outfitter fails to report the violation to the proper authority.
Terms Used In Montana Code 37-47-404
- Board: means the board of outfitters provided for in 2-15-1773. 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
- 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
- Peace officer: has the meaning as defined in 46-1-202. See Montana Code 1-1-207
- 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
- Willfully: when applied to the intent with which an act is done or omitted, means a purpose or willingness to commit the act or make the omission referred to. See Montana Code 1-1-204
(2)An outfitter, guide, or outfitter’s assistant shall report any violation or suspected violation of fish and game laws that the outfitter, guide, or outfitter’s assistant knows has been committed by the employees, contractors, agents, representatives, clients, or participants in the outfitting or guiding activity. The violation or suspected violation must be reported to a peace officer at the earliest possible opportunity.
(3)A person may not hire or retain an outfitter unless the outfitter is currently licensed in accordance with the laws of the state of Montana. A person may not use the services of a guide, and a guide may not offer services unless the services are obtained through an endorsing outfitter.
(4)An outfitter may not place a hired or retained outfitter’s assistant in a position of providing services to participants until the outfitter has documentation as specified by board rule under 37-47-201(4)(e).