36-2109. FORM AND TERM OF LICENSE — NOTICE OF DENIAL. (a) Upon concurrence of a majority, the board, in its discretion may issue a license to any applicant who has filed an application in proper form with the board including, but not limited to, payment of the license fee and furnishing of bond. Said license shall be in the form prescribed by the board, shall be valid for the year issued from the date issued and shall expire on March 31 of the following year; provided, that no outfitter’s or guide’s license may be sold, assigned or otherwise transferred either by any holder thereof or by the operation of law except as provided in this chapter. The board may prescribe by rule that limitations or qualifications placed upon an outfitter’s or guide’s license as provided in this chapter shall be indicated on the face of the license or as an attachment to the license which shall be considered a part of the license.

(b) A license granted by the board including any attachment thereto shall specify the activities licensed and the exact territorial limits of the outfitter’s area of operation and shall specify the species of game to be hunted. In so approving and/or licensing any outfitter’s or guide’s activity, the board shall consider the following matters, among others:

1. The length of time in which the applicant has operated in that area;

2. The extent to which the applicant is qualified by reason of experience, equipment or resources to operate in that area;

3. The applicant’s previous safety record;

4. The accessibility of the area, the particular terrain and the weather conditions normal to that area during the outfitter’s or guide’s season;

5. The total amount of outfitter’s area requested by any applicant giving due consideration to the effect that such area license grant would have upon the environment, the amount of game that can be harvested, and the number of persons that can be adequately served in the area.

(c) The board shall refuse to issue any license to any applicant for an outfitter’s or guide’s license who the board finds is not a competent person of good moral character, less than eighteen (18) years of age and does not possess a working knowledge of the game and fishing laws of the state of Idaho and the regulations of the United States forest service. The board shall also refuse to issue an outfitter’s license to any applicant who the board finds does not have sufficient financial responsibility to conduct adequately the business of an outfitter. The board shall refuse to issue any license to a firm, partnership, corporation or other organization or any combination thereof that fails to have at least one (1) designated agent conducting its outfitting business who meets all of the qualifications and requirements of a licensed outfitter. The board may also refuse to grant an outfitter’s or guide’s license to any applicant for violation of any of the provisions hereinafter specified in this chapter as grounds for revocation or suspension of an outfitter’s or guide’s license. If the application is denied, the board shall notify the applicant, in writing, of the reasons for such denial within ten (10) days and if the applicant shall correct, to the satisfaction of the board, such reasons within thirty (30) days of receipt of such notice and if, thereafter, a majority of the board concur, the board may issue a license to the applicant.

(d) No license shall be issued by the board until a majority thereof has reported favorably thereon; except, an application for a license identical to a license held during the previous year may be issued on approval by one (1) board member providing there is no adverse information on file regarding the applicant.

History:

[36-2109, added 1976, ch. 95, sec. 2, p. 392; am. 1977, ch. 162, sec. 3, p. 420; am. 1978, ch. 131, sec. 4, p. 296; am. 1982, ch. 174, sec. 2, p. 459; am. 1988, ch. 269, sec. 8, p. 892; am. 1998, ch. 299, sec. 1, p. 988; am. 2003, ch. 76, sec. 1, p. 249; am. 2010, ch. 39, sec. 1, p. 69.]