North Dakota Code 20.1-03-39 – Guides and outfitters restrictions
1. The license of a guide or outfitter may be denied, revoked, or suspended, or placed on probation by the director if:
Terms Used In North Dakota Code 20.1-03-39
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Department: means the game and fish department. See North Dakota Code 20.1-01-02
- Director: means the director of the department. See North Dakota Code 20.1-01-02
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guide: means an individual who is employed by or contracts with a licensed outfitter to help the outfitter furnish personal services for the conduct of outdoor recreational activities directly related to the conduct of activities for which the employing outfitter is licensed. See North Dakota Code 20.1-01-02
- hunting: means shooting, shooting at, pursuing, taking, attempting to take, or killing any game animals and game birds; searching for or attempting to locate or flush any game animals and game birds; luring, calling, or attempting to attract game animals and game birds; hiding for the purpose of taking or attempting to take game animals and game birds; and walking, crawling, or advancing toward wildlife while possessing implements or equipment useful in the taking of game animals or game birds. See North Dakota Code 20.1-01-02
- Outfitter: means a person that holds the person's business operation out to the public for hire or consideration; provides facilities or services for consideration; maintains, leases, or otherwise provides compensation for the use of land and which receives compensation from a third party for use of that land; or otherwise uses equipment or accommodations for consideration for the conduct of outdoor recreational activities, including hunting animals or birds and fishing on lakes, reservoirs, rivers, and streams. See North Dakota Code 20.1-01-02
- Person: includes every partnership, association, corporation, and limited liability company. See North Dakota Code 20.1-01-02
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Rule: includes regulation. See North Dakota Code 1-01-49
- Species: includes any subspecies of wildlife and any other group of wildlife of the same species or smaller taxa in common spatial arrangement that interbreed when mature. See North Dakota Code 20.1-01-02
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
a. The licensee, while carrying out the business of guiding or outfitting, engages in conduct detrimental to the image and professional integrity of the guiding and outfitting industry; b. The licensee willfully and substantially misrepresented that person‘s facilities, prices, equipment, services, or hunting or fishing opportunities as a guide or outfitter; c. The licensee has been convicted of an offense not listed in this section which is determined by the director to have a direct bearing on the licensee’s ability to serve the public as a guide or outfitter; d. The licensee is addicted to the use of intoxicating liquors, narcotics, or stimulants to the extent the licensee’s performance of professional duties is affected; e. The licensee has become not qualified, or has violated any rule for the licensing of a guide or outfitter by the director; f. The licensee is convicted of violating state or federal criminal law pertaining to hunting, fishing, or trapping, or if the director finds by clear and convincing evidence that such a violation has occurred; g. The licensee provided guiding or outfitting services to a person that had not obtained the appropriate license for the species sought by that person; or
h. A licensed outfitter utilized any unlicensed person to perform outfitter or guide services on behalf of the outfitter. This subsection applies to outfitters regardless of whether the person who performed the service is otherwise exempt under subsection 4 of section 20.1-03-36.1.
2. For the purpose of administrative sanctions, an outfitter is liable if a guide violates a criminal provision of this chapter or a state or federal criminal law pertaining to hunting, fishing, or trapping while guiding on behalf of the outfitter. It is an affirmative defense if the outfitter reported the violation to the department or law enforcement when the outfitter discovered the violation or has not had more than two independent violations by a guide working on behalf of the outfitter in the previous three-year period and the outfitter did not aid in or attempt to conceal evidence of the violation. A guide is liable if a client violates a state or federal criminal law pertaining to hunting, fishing, or trapping if the guide knowingly aids in the violation or knows of the violation and the guide or client fail to report the violation to the department within a reasonable time.
3. Notwithstanding chapters 45-11 and 47-25, another person may not use a name, business name, fictitious name, trade name, internet address, world wide web uniform resource identifier, place of business, or telephone number of an outfitter who has been convicted of a violation at least three years from the time of the conviction except on permission from the director after a determination by the director that the new business is significantly separate from the previous business and the new business does not employ, contract with, or receive assistance from any person who has been prohibited from guiding or outfitting.