§ 20.1-03-37 — Guides and outfitters license qualifications

North Dakota § 20.1-03-37

• Jurisdiction: North Dakota
• Title 20.1: Game, Fish, Predators, and Boating
• Ch. 20.1-03: Licenses and Permits

Text

1. An individual who is eighteen years of age or more may apply for a guide or outfitter
license.
2. An applicant for a hunting guide license and an outfitter acting as a guide shall provide
the director proof that the individual is certified in adult cardiopulmonary resuscitation
or its equivalent and in standard or first aid or its equivalent.
3. An applicant for a hunting outfitter or fishing outfitter license shall provide to the
director proof that the individual and the individual's business operation are covered by
general liability insurance against loss or expense due to accident or injury from
outfitting services, at a minimum of one hundred thousand dollars per individual and
three hundred thousand dollars per accident.
4. An individual must hold a hunting guide license for two years to be eligible to apply for
a hunting outfitter license unless that individual provides proof to the department that
the individual has been exempt under subsection 4 of section 20.1-03-36.1 and has
been conducting outfitter or guide service as an exempt individual for at least two
years.
5. The director may not issue a license to an individual who has been convicted of a state
or federal criminal game or fish violation in the last three years or whose license to

hunt or fish is under suspension or revocation. As used in this chapter, "conviction"
means a finding of guilt, a guilty plea, a plea of no contest, a plea of nolo contendere,
a judgment of conviction even though the court suspended execution of a sentence in
accordance with subsection 3 of section 12.1-32-02, or a deferred imposition of
sentence in accordance with subsection 4 of section 12.1-32-02 or an equivalent
statute. The term does not include a finding of guilt which is reversed on appeal.
6. If an application is for a business association, the applicant must be an agent of the
association to be held personally responsible for the conduct of the licensed outfitter's
operations, in addition to the association, and the applicant must be actively and
regularly employed in and responsible for the management, supervision, and operation
of the outfitting business. The department may only issue an outfitter license to a
business applicant if the applicant is qualified to conduct the business of outfitting. A
corporation or association may qualify for an outfitter license if a majority of stock is
owned by licensed outfitters in good standing or landowners who own agricultural land
used for the outfitting business, or if a limited liability company, the majority
membership interest is owned by licensed outfitters in good standing or by landowners
who own agricultural land used for the outfitting business. If a business entity owns, is
a leaseholder in land, or provides compensation for the use of land, and directly or
indirectly receives remuneration from hunting on that land, the business entity must be
licensed under this title unless exempt under subsection 4 of section 20.1-03-36.1. A
business entity may not conduct business operations through a subsidiary, contractor,
or an agent that would permit the business entity to avoid this chapter. This section
does not authorize any act or transaction prohibited by any other law of this state.
7. An applicant for a hunting guide or hunting outfitter license must have legally hunted
for part of each of any three years in a manner directly contributing to the individual's
experience and competency as a guide.