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![handle is hein.ssl/ssmt0038 and id is 1 raw text is: MONTANA SESSION LAWS 1989
CHAPTER NO. 565
[SB 153]
AN ACT TO CLARIFY THAT AN OUTFITTER LICENSED UNDER
TITLE 37, CHAPTER 47, MAY RETAIN THE SERVICES OF A PRO-
FESSIONAL GUIDE ACTING AS AN INDEPENDENT CONTRAC-
TOR IN THE HUNTING OR TAKING OF GAME BIRDS OR FISH;
AND AMENDING SECTIONS 37-47-101, 37-47-301, 37-47-304,
37-47-309, AND 37-47-341, MCA.
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 37-47-101, MCA, is amended to read:
37-47-101. (Temporary) Definitions. As used in this chapter,
unless the context requires otherwise, the following definitions apply:
(1) Board means the board of outfitters provided for in 2-15-1883.
(2) Department means the department of commerce provided for in
Title 2, chapter 15, part 18.
(3) License year means that period commencing January 1 and
ending December 31 of the same year.
(4) Nonresident means a person other than a resident.
(5) Outfitter means any person, except a person providing services on
real property that he owns for the primary pursuit of bona fide agricultural
interests, who:
(a) engages in the business of outfitting for hunting or fishing parties,
as the term is commonly understood;
(b) for consideration provides any saddle or pack animal or personal
service for hunting or fishing parties or camping equipment, vehicles, or
other conveyance, except boats, for any person to hunt, trap, capture, take,
or kill any game and accompanies such a party or person on an expedition
for any of these purposes;
(c) for consideration furnishes a boat or other floating craft and accom-
panies any person for the purpose of catching fish; or
(d) for consideration aids or assists any person in locating or pursuing
any game animal.
(6) Professional guide and guide mean a person:
(a) who is an employee of an outfitter and who furnishes only personal
guiding services in assisting a person to hunt or take game animals or fish
and who does not furnish any facilities, transportation, or equipment; or
(b) who has contracted independently with an outfitter and who fur-
nishes personal guiding services and facilities, transportation, or equipmezt
that he owns in assisting a person to hunt or take game birds or fish. A
Ch. 565
1383](ViewImageLocal?handle=hein.ssl/ssmt0038&div=1&collection=&method=preview&ext=.png&size=3)