Landowner Outfitters?

[Layin_It_Down]

Can any landowner act as an outfitter and except compesation for taking someone hunting on their own property? And do this without an Outfitter's license?

Occording to the Outfitter Application:

"Section 37-47-101(11), MCA, provides an excemption for Private Landowners from the law that governs outfitters. The Excemption applies only to those persons providing services on real property that the person ownes for the primary pursuit of bona fide agricultural interests." (Like a ranch or farm)

It sounds like a landowner can't call themselves an outfitter, but they can except money to take someone hunting. I was always told people had to pay a trespass fee to compensate a landowner for hunting on their property, but the landowner could not accompany them. Occording to this, Landowners are excempt from laws that govern outfitters.

Does anyone have a take on this information???

 

[Lawnboy]

You can act as an outfitter on your own land. You cannot have guides that aren't owners of the land working for you. There are no guaranteed outfitter tags because they aren't a licensed outfitter. This is what my friend does with thier ranch out your way. The frustrating part for them is that their clients must draw the out of state license first, so they don't ever have any for sure hunters until the draw is out. I asked him about helping him guide and he said he couldn't allow me because I wasn't an owner.

Hope this helps.

 

[Layin_It_Down]

So the next question comes to mind; who consists of an owner of the land when most ranches and farms are set up in corporations? Anyone on the legal paperwork, like the President, VP, etc.......?

 

[Layin_It_Down]

It sounds like, not many are familiar with landowners acting as guides on their property. Or, people don't want to talk about it. Would this be a question for the FWP office or even a lawyer (although I'd hate to dish out $$$ to have my question answered)? I've actually contacted the Montana Board of Outfitters with this question with no response. I've heard that your name has to be on the actual deed to the property. Although, again, most farms and ranches are set up in corporations with a Pres. and a VP and so on.

So if the "Big Dog Ranch" is set up as a corporation (like most are) and the deed says "Big Dog Ranch" is owned by it's shareholders........, can any shareholder act as a guide on the property?

 

[sweetnectar]

If the managers (ie presidents, operators, etc.) are the shareholders or "owners" then I can't see how Section 37-47-101(11), MCA would not be met. It would be hard to make a case otherwise but I have to wonder if an owner of a single stock meets the qualifications. Now you have me thinking ... most private properties are structured as corperations, LLC, LLPS, etc. and most private properties charge fees for hunting, fishing, farming, grazing, mining, logging, explorations. In fact if these properties weren't structured in these ways then most of them would be lost thru inheritance taxes (have to be parceld out or subdivided and sold) and/or the owners would be subject to more liability and different tax structures. Yet, getting into all that is a big old can of worms to open up.

As far as landowners acting as guides it goes back to the question can you sit naked in you own living room. The answer is yes, it is your own living room. So not only can they guide they can guide naked.