West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-11 - Hunting, Fishing and Other Outfitters and Guides › Section 58-11-3 - Outfitters License

Current through Register Vol. XLI, No. 28, July 12, 2024
3.1. License
				required. An outfitter must obtain a license from the director prior to the
				commencement of services in the State.
3.2. Compliance with license. An outfitter
				issued a license by the director must comply with the terms and conditions of
				that license.
3.3. License in
				possession. Each outfitter shall carry a copy of his/her license when
				conducting outfitter services. If the outfitter is a corporation, partnership,
				or other legal entity, then such copy will be carried by the representative of
				the outfitter who is present and designated in-charge during the performance of
				the outfitter services.
3.4.
				Bonding and insurance. Before any outfitting services are offered or rendered,
				each outfitter must execute a surety bond in the penal sum of one thousand
				dollars ($1,000) payable to the State of West Virginia and must hold valid
				public liability insurance for which the minimum acceptable coverage shall be
				three hundred thousand dollars ($300,000) per occurrence for bodily injury and
				twenty-five thousand dollars ($25,000) per occurrence and twenty-five thousand
				dollars ($25,000) aggregate for property damage. The licensee shall submit
				proof of liability insurance coverage and the surety bond to the director not
				later than February 15th of each year. The issuing insurance company shall
				furnish immediate written notification of the cancellation of the policy and/or
				surety bond to the director. The requirement of cancellation shall be printed
				on the bottom of every policy.
3.5.
				Application. An outfitter seeking a license shall provide the director with the
				information specified on the Division's application and any additional
				information that the director deems necessary for consideration of such
				application. Any change in that information must be reported by the licensee to
				the director within thirty (30) days of such change. The applicant may in his
				or her application elect to be designated as an outfitter or a guide.
3.6 License Renewal: Outfitter and
				Guide licenses issued under this rule expire on December 31st of the year of
				issue. A licensee may seek to renew his/her license by submitting an updated
				application to the Division no later than one month prior to the date upon
				which his permit or license expires. A one-month extension may be granted by
				Division personnel in order to facilitate the review and processing of a
				licensee's renewal application.
3.7. First aid. Each outfitter, or
				representative of the outfitter actually conducting the service, shall have a
				current standard first aid training certificate issued by the American Red
				Cross or equivalent.
3.8. Records.
				Licensees shall keep a current record or file containing the name, address,
				age, and residency of all persons who have utilized their services. This record
				shall be kept for a period of two (2) years and shall be made available to the
				director upon request.
3.9.
				Non-transferability. A license is nontransferable and is valid only for the
				calendar year designated therein.
3.10. Posted lands. A license confers no
				authority to trespass; written permission must be obtained from the landowner,
				lessee, or tenant of any fenced or posted lands before entering same.
3.11. National forest lands. An outfitters
				license shall not be valid on National Forest lands within this state unless
				written permission is obtained from the Supervisor of such National Forest
				lands. Such permission must be signed and approved by the Division of Natural
				Resources.
3.12. Bear hunts. In
				accordance with the provisions of W. Va. Code §
									20-2-22a, an outfitters license
				does not permit the holder thereof to organize for commercial purposes or to
				professionally outfit a bear hunt or to give or receive any consideration
				whatsoever or any donation in money, goods, or services in connection with a
				bear hunt.