Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.35.01 - RULES OF THE OUTFITTERS AND GUIDES LICENSING BOARD › Section 24.35.01.002 - DEFINITIONS

Current through August 31, 2023
The definitions set forth in Section
				36-2102, Idaho Code, are
				applicable to these rules. In addition, the following terms have the meanings
				set forth below: (4-6-23)
01.
Act
. Title 36, Chapter 21, Idaho Code, commonly known as the
			 Outfitters and Guides Act, as amended. (4-6-23)
02.
Authorized Person
. An
			 investigator or inspector in the employ of the Board, a conservation officer of
			 the IFGC, or any local, state, or federal law enforcement officer.
			 (4-6-23)
03.
Classified
			 River
. For the purpose of these rules, specific sections of some
			 whitewater river or streams which are considered more hazardous than others
			 have been designated "classified." Classified rivers are denoted by an asterisk
			 (*) in the list of rivers contained in Subsection
			 259.01. (4-6-23)
04.
Compensation
. The receipt,
			 exchange or taking of goods, services, or cash in exchange for outfitted or
			 guided activities. A bona fide charging of out-of-pocket travel expenses by
			 members of a recreational party is not deemed compensation. However, such
			 out-of-pocket expenses may not include depreciation, amortization, wages, or
			 other recompense. (4-6-23)
05.
Facilities and Services
. The provision of personnel, lodging
			 (tent, home, lodge, or hotel/motel), transportation (other than by commercial
			 carrier), guiding, preparation and serving of food and equipment, or any other
			 accommodation for the benefit of clientele in the conduct of outdoor
			 recreational activities as designed in Section
			 36-2102(b), Idaho
			 Code. (4-6-23)
06.
Fishing
. Fishing activities on those waters and for those species
			 described in the rules of the IFGC, IDAPA 13.01.11, "Rules Governing Fish,"
			 general fishing seasons and any anadromous fishing rules and as authorized in
			 the Outfitter's Operating Plan. (4-6-23)
07.
Float Boats
. Watercraft
			 (inflatable watercraft, dories, drift boats, canoes, catarafts, kayaks, sport
			 yaks, or other small watercraft) propelled by, and moving with the stream flow,
			 maneuvered by oars, paddles, sweeps, pike poles or by motors for downstream
			 steerage only. Downstream steerage does not include holding or upstream travel
			 of a watercraft with a motor. Excluded as float boats are personal flotation
			 devices, innertubes, air mattresses, or similar devices. (4-6-23)
08.
Hazardous Desert or Mountain
			 Excursions
. Outfitted or guided activities conducted in a desert or
			 mountainous environment that may constitute a potential danger to the health,
			 safety, or welfare of participants involved and are known to involve inherent
			 risk. These activities include day or overnight trailrides, backpacking,
			 technical mountaineering/rock climbing, cross-country skiing, backcountry
			 alpine skiing, animal pack trips, snowmobiling, ATV, paragliding, motored and
			 non-motored cycling, wagon rides, sleigh rides, and dog sled rides.
			 (4-6-23)
09.
Hunting
.
			 The pursuit of any game animal or bird and all related activities including
			 packing of client camp equipment, supplies, game meat and clients to and from a
			 hunting camp. (4-6-23)
10.
IFGC
. The Idaho Department of Fish and Game or the Idaho Fish and
			 Game Commission. (4-6-23)
11.
Major Activity
. A licensed activity, the nature of which requires
			 a significant commitment of time and effort by an outfitter in its execution
			 and is intended to provide a significant amount of income to an outfitter.
			 (4-6-23)
12.
Major
			 Amendment
. All outfitter license amendment requests requiring Board
			 research or recommendation of a land management agency or other agency before
			 the Board takes final action on the amendment request. (4-6-23)
13.
Minor Amendment
. All
			 outfitter license amendment requests that can be processed by the Board without
			 requiring outside research or recommendation of a land managing agency or other
			 agency before the Board takes final action on said amendment request.
			 (4-6-23)
14.
Operating
			 Area
. The area assigned by the Board to an outfitter for the conduct of
			 outfitting activities. (4-6-23)
15.
Operating Plan
. A detailed schedule or plan of operation which an
			 outfitter proposes to follow in the utilization of licensed privileges, areas,
			 or activities. (4-6-23)
16.
Out-of-Pocket Expenses
. The direct expenses attributable to a
			 recreational activity. Such direct expenses do not include: (4-6-23)
a. Compensation for either sponsors or
			 participants; (4-6-23)
b.
			 Amortization or depreciation of debt or equipment; or (4-6-23)
c. Costs of non-expendable supplies.
			 (4-6-23)