# Are NR allowed to be G/O in ND



## 250Savage (Jun 24, 2005)

I just made a trip to drop off some household goods to the wife in ND.
I saw a truck with some kind of G/O ad on the side with MN plates. 
New to your great state I wonder if this is legal?


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## 250Savage (Jun 24, 2005)

Wow, nobody knows if NR can be a guide in ND???????????


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## Bob Kellam (Apr 8, 2004)

Here are the regs for G/O's in ND

Yes they can be!

20.1-03-36. Guides and outfitters to be licensed. An individual may not act as a guide
or outfitter or advertise or otherwise represent to the public as a guide or outfitter without first
securing a license in accordance with this chapter and the rules of the director.
20.1-03-36.1. Fee for guide or outfitter license.
1. The annual fee to receive a hunting guide license is one hundred dollars for a
resident and four hundred dollars for a nonresident.
2. The annual fee to receive a fishing outfitter license is one hundred dollars for a
resident and four hundred dollars for a nonresident. The annual fee to receive a
fishing outfitter license is fifty dollars for a resident and two hundred dollars for a
nonresident if the individual applying for the license has paid for a hunting guide or
outfitter license for the same year.
3. The annual fee for a resident to receive a hunting outfitter license is two hundred fifty
dollars for under ten thousand acres [4046.86 hectares] and five hundred dollars for
ten thousand acres [4046.86 hectares] and over on which the outfitter provides
services. The annual fee for a nonresident to receive a hunting outfitter license is
two thousand dollars. The acreage must be presented by the county with a list of
lessors by county in every application for outfitter licensure. The annual permit fee
for day leasing is two hundred dollars. The acreage day leased by county for the
preceding year must be provided to receive a day leasing permit.
4. A license is not required for a person to provide services on real property that person
owns or leases for the primary pursuit of bona fide agricultural interests or for a
nonprofit organization registered with the secretary of state. The director shall
determine the number of acres by county exempted from licensure by this
subsection and shall publish the results. The director shall provide written
information to the public on the possible liability exposure for outfitting under this
subsection and on the benefits of liability insurance and proper training.
20.1-03-36.2. Guides and outfitters licenses.
1. Each licensee shall carry the license while afield and show the license to any law
enforcement officer upon request.
2. Hunting guide and fishing outfitter licenses are not transferable.
3. Guide and outfitter licenses expire on December thirty-first of each year unless
revoked at earlier date.
4. The department shall deposit in the game and fish department private habitat and
access improvement fund any funds collected under section 20.1-03-36.1 or this
section from hunting guides and outfitters which are not used for the administration
of this chapter.
20.1-03-37. Guides and outfitters license qualifications.
1. An individual who is eighteen years of age or more may apply for a guide or outfitter
license.
2. An applicant for a hunting guide license and an outfitter acting as a guide shall
provide the director proof that the individual is certified in adult cardiopulmonary
resuscitation or its equivalent and in standard or first aid or its equivalent.
3. An applicant for a hunting outfitter or fishing outfitter license shall provide to the
director proof that the individual and the individual's business operation are covered
by general liability insurance against loss or expense due to accident or injury from
Page No. 16
outfitting services, at a minimum of one hundred thousand dollars per individual and
three hundred thousand dollars per accident.
4. An individual must hold a hunting guide license for two years to be eligible to apply
for a hunting outfitter license unless that individual provides proof to the department
that the individual has been exempt under subsection 4 of section 20.1-03-36.1 and
has been conducting outfitter or guide service as an exempt individual for at least
two years.
5. The director may not issue a license to an individual who has been convicted of a
state or federal criminal game or fish violation in the last three years or whose
license to hunt or fish is under suspension or revocation. As used in this chapter,
"conviction" means a finding of guilt, a guilty plea, a plea of no contest, a plea of nolo
contendere, a judgment of conviction even though the court suspended execution of
a sentence in accordance with subsection 3 of section 12.1-32-02, or a deferred
imposition of sentence in accordance with subsection 4 of section 12.1-32-02 or an
equivalent statute. The term does not include a finding of guilt which is reversed on
appeal.
6. If an application is for a business association, the applicant must be an agent of the
association to be held personally responsible for the conduct of the licensed
outfitter's operations, in addition to the association, and the applicant must be
actively and regularly employed in and responsible for the management,
supervision, and operation of the outfitting business. The department may only
issue an outfitter license to a business applicant if the applicant is qualified to
conduct the business of outfitting. A corporation or association may qualify for an
outfitter license if a majority of stock is owned by licensed outfitters in good standing
or landowners who own agricultural land used for the outfitting business, or if a
limited liability company, the majority membership interest is owned by licensed
outfitters in good standing or by landowners who own agricultural land used for the
outfitting business. If a business entity owns, is a leaseholder in land, or provides
compensation for the use of land, and directly or indirectly receives remuneration
from hunting on that land, the business entity must be licensed under this title unless
exempt under subsection 4 of section 20.1-03-36.1. A business entity may not
conduct business operations through a subsidiary, contractor, or an agent that would
permit the business entity to avoid this chapter. This section does not authorize any
act or transaction prohibited by any other law of this state.
7. An applicant for a hunting guide or hunting outfitter license must have legally hunted
in this state for part of each of any three years in a manner directly contributing to
the individual's experience and competency as a guide. The department may waive
this requirement if the applicant proves that the applicant has legally hunted for parts
of at least three years in other states and an outfitter employing that individual would
suffer an undue hardship without that individual.
20.1-03-38. Licensing guides and outfitters by the department - Rules -
Inspections.
1. The director may license guides and outfitters and may adopt rules to regulate
guides and outfitters. If the director requests a trade secret or proprietary
information, the director shall request the information on a separate form, and that
information is confidential and is not a public record subject to section 44-04-18 and
section 6 of article XI of the Constitution of North Dakota. The director may release
this information, however, if it is aggregated so as not to identify any guide, outfitter,
or client. Before engaging in rulemaking activities with respect to guides and
outfitters, the director shall appoint a committee composed of guides, outfitters, and
interested individuals and shall consult with the committee when preparing rules.
Page No. 17
2. The director shall periodically inspect or cause to be inspected all outfitter
businesses. All records, facilities, and equipment kept or used by the outfitter are
open to inspection by the director or a game warden. Records may not be deceptive
and must be kept in a manner and location that is readily accessible to the director
or a game warden during normal business hours.
3. The director shall perform a background search for criminal and game and fish
violations on each applicant on initial application and on each renewal.
4. The director may not issue a license to an individual to be a hunting guide or hunting
outfitter unless the individual is proficient in the application of state and federal laws
on the hunting of wild game. The director shall create and administer a written
examination to test proficiency of hunting guides and outfitters in these laws. The
director shall administer examinations at least twice a year; however, an
examination may not be given within ninety days after the previous examination.
20.1-03-39. Guides and outfitters restrictions.
1. The license of a guide or outfitter may be denied, revoked, or suspended, or placed
on probation by the director if:
a. The licensee, while carrying out the business of guiding or outfitting, engages in
conduct detrimental to the image and professional integrity of the guiding and
outfitting industry;
b. The licensee willfully and substantially misrepresented that person's facilities,
prices, equipment, services, or hunting or fishing opportunities as a guide or
outfitter;
c. The licensee has been convicted of an offense not listed in this section which is
determined by the director to have a direct bearing on the licensee's ability to
serve the public as a guide or outfitter;
d. The licensee is addicted to the use of intoxicating liquors, narcotics, or
stimulants to the extent the licensee's performance of professional duties is
affected;
e. The licensee has become not qualified, or has violated any rule for the licensing
of a guide or outfitter by the director;
f. The licensee is convicted of violating state or federal criminal law pertaining to
hunting, fishing, or trapping, or if the director finds by clear and convincing
evidence that such a violation has occurred;
g. The licensee provided guiding or outfitting services to a person that had not
obtained the appropriate license for the species sought by that person; or
h. A licensed outfitter utilized any unlicensed person to perform outfitter or guide
services on behalf of the outfitter. This subsection applies to outfitters
regardless of whether the person who performed the service is otherwise
exempt under subsection 4 of section 20.1-03-36.1.
2. For the purpose of administrative sanctions, an outfitter is liable if a guide violates a
criminal provision of this chapter or a state or federal criminal law pertaining to
hunting, fishing, or trapping while guiding on behalf of the outfitter. It is an
affirmative defense if the outfitter reported the violation to the department or law
enforcement when the outfitter discovered the violation or has not had more than
two independent violations by a guide working on behalf of the outfitter in the
previous three-year period and the outfitter did not aid in or attempt to conceal
Page No. 18
evidence of the violation. A guide is liable if a client violates a state or federal
criminal law pertaining to hunting, fishing, or trapping if the guide knowingly aids in
the violation or knows of the violation and the guide or client fail to report the
violation to the department within a reasonable time.
3. Notwithstanding chapters 45-11 and 47-25, another person may not use a name,
business name, fictitious name, trade name, internet address, world wide web
uniform resource identifier, place of business, or telephone number of an outfitter
who has been convicted of a violation at least three years from the time of the
conviction except on permission from the director after a determination by the
director that the new business is significantly separate from the previous business
and the new business does not employ, contract with, or receive assistance from
any person who has been prohibited from guiding or outfitting.
20.1-03-40. Penalty. Any person providing guide or outfitter services without a license,
or while under suspension, revocation, or denial is guilty of a class A misdemeanor. The court
must suspend an individual's hunting, trapping, and fishing privileges for at least one year under
section 20.1-01-26 if an individual provided guide or outfitter services without a license, or while
under suspension, revocation, or denial, or guided on prohibited lands. Unless otherwise
specified, other violations of this chapter are a class B misdemeanor. Each client guided is
subject to separate and distinct offenses. In addition to this penalty, the director may initiate civil
action in a court of competent jurisdiction as necessary to enforce this chapter or any rule
adopted under this chapter, including an injunction to restrain a violation, without proof of actual
damages sustained by any person. Any individual who commits for remuneration or
compensation an act of fraud involving hunting or fishing or any individual who illegally takes or
causes death to fish or wildlife for remuneration or compensation may be prosecuted for theft,
fraud, or conspiracy under title 12.1 and is, upon conviction, liable for the higher amount between
the actual compensation received or the value of the fish or wildlife illegally taken or killed.
20.1-03-41. Director's powers for immediate suspension. If the director determines
by clear and convincing evidence that a substantial violation of state or federal criminal hunting,
fishing, or trapping laws of this chapter by a guide or outfitter has occurred, the director may
suspend, revoke, or deny a guide or outfitter license to the person violating the laws or
provisions. In such a case, a hearing must be held within ten days of the director's intended
action and the person must be given notice of the hearing. The person may waive the hearing
after having been notified of the person's right to a hearing, in which case the action of the
director takes effect upon signing the waiver. The director may serve notice of the hearing by
publication if reasonable efforts to make personal service have failed.
20.1-03-42. Guiding on prohibited lands. A person may not act as a hunting guide or
hunting outfitter on land the person knows is owned by the state unless the appropriate state
agency permits or authorizes the guiding or outfitting, on private land enrolled by the department
for purposes of hunting, on land in which the department pays in lieu of taxes, on federal lands
without being authorized or permitted as required by the appropriate federal agency, or on private
lands posted against hunting or trespassing without first informing and obtaining permission from
the landowner to conduct guiding or outfitting on the land. If the landowner did not grant the
permission in writing, there is a presumption that the permission did not exist.
Page No. 19


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## 250Savage (Jun 24, 2005)

Bob, You didn't have to post the whole regs but it is good to read them.

Now I am new to the state and the board but if you guys are having so much trouble with G/O why not make it illegal for NR to be G/O. Just make sense when you think about it. Resident G/O try to keep a better relationship with landowners and town folks. Michigan had to change this back in the 80's because at the time anyone could get a bear license and G/O were coming up and just running over everyone not caring about Private property, etc. The law change and most of the problems clear up.

Not trying to get the whole G/O debate going again just a suggestion.


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## Matt Jones (Mar 6, 2002)

It used to be illegal for NR's to guide in ND. The state had to change it during the '03 session since ND is a right to work state.


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## nodakoutdoors.com (Feb 27, 2002)

Can't restrict interstate commerce


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## KEN W (Feb 22, 2002)

GNF introduced the bill to the legislature to make it legal.They were afraid of being sued and they knew they would lose.


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## 250Savage (Jun 24, 2005)

Just so everyone knows I am not becoming a guide. :beer:

Just wondering if NR could be guides and why it is legal for NR to be guides.


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