2023 Montana Code Annotated › Title 87. Fish and Wildlife › Chapter 6. Fish and Wildlife Criminal Provisions › Part 7. Commercial Offenses › 87-6-702. Outfitting without license

87-6-702. Outfitting without license.
(1) (a) A person may not purposely or knowingly engage in outfitting while not licensed pursuant to Title 37, chapter 47.
(b) A person convicted of a violation of subsection (1)(a) is punishable by a fine of not less than $200 or more than $1,000 or imprisonment in the county jail for up to 1 year, or both. In addition, the person shall forfeit any current hunting, fishing, or trapping license or permit issued by this state and the privilege to hunt, fish, or trap in this state for a period set by the court. A sentencing court that imposes a period of license revocation shall consider the provisions of subsection (3).
(2) (a) A person or entity that represents to any other person, any entity, or the public that the person or entity is an outfitter and who commits the offense of outfitting without a license, as described in subsection (1)(a), for any portion of 5 or more days for consideration within 1 calendar year for any person or for consideration valued in excess of $5,000 is punishable by a fine of not more than $50,000 or imprisonment in the state prison for up to 5 years, or both.
(b) A person convicted of a violation of subsection (2)(a) shall forfeit any current hunting, fishing, or trapping license or permit issued by this state and the privilege to hunt, fish, or trap in this state for a minimum of 5 years. A sentencing court that imposes a period of license revocation shall consider the provisions of subsection (3).
(3) A sentencing court that imposes a period of license revocation pursuant to subsection (1)(b) or (2)(b) shall consider and may impose any of the following conditions during the period of revocation:
(a) prohibiting the offender from:
(i) participating in any hunting, fishing, or trapping endeavor as a hunter, angler, trapper, scout, guide, observer, or assistant;
(ii) brokering or participating in any lease of property for hunting, fishing, or trapping, either personally or through an agent or representative;
(iii) participating in any seminar or show that is designed to promote hunting, fishing, or trapping;
(iv) purchasing or possessing any hunting, fishing, or trapping permits; and
(b) imposing any other reasonable condition or restriction that is related to the crime committed or that is considered necessary for the rehabilitation of the offender or for the protection of the citizens or wildlife of this state.
(4) A person convicted of a violation of this section shall reimburse the full amount of any fees received to the person to whom illegal outfitting services were provided.
(5) As used in this section, the following definitions apply:
(a) "Consideration" means remuneration given in exchange for outfitting services supplied based on a business relationship between parties, but not including reimbursement for shared trip expenses.
(b) (i) "Outfitting" means providing hunting or fishing services for consideration, including any saddle or pack animal, facilities, camping equipment, personal service, or vehicle, watercraft, or other conveyance for any person to hunt, fish, trap, capture, take, kill, or pursue any game, including fish. The term includes accompanying that person, either part or all of the way, on an expedition for any of these purposes or supervision of a licensed guide in accompanying that person.
(ii) The term does not include:
(A) services provided by packers, wranglers, cooks, or other parties under the direct employment of the outfitter;
(B) services provided by an outfitter's assistant who has documentation as provided in 37-47-404(4); or
(C) the provision of the services listed in subsection (5)(b)(i) by a person on real property that the person owns for the primary pursuit of bona fide agricultural interests.
History: En. Sec. 50, Ch. 258, L. 2011; amd. Sec. 9, Ch. 241, L. 2013; amd. Sec. 18, Ch. 341, L. 2013; amd. Sec. 12, Ch. 281, L. 2021.