<section number="23A-4-1204"><effdate>5/6/2026</effdate><histories><history>Amended by Chapter <modchap sess="2026GS">400</modchap>, 2026 General Session</history><modyear>2026</modyear></histories><catchline>Operations of a guide or outfitter -- Limits on retaining outfitter or compensating a guide.</catchline><subsection number="23A-4-1204(1)">Except as provided in Subsections <xref depth="4" refnumber="23A-4-1204(2)">(2)</xref> and <xref depth="4" refnumber="23A-4-1204(3)">(3)</xref>, a person may not compensate another person to provide guide services or outfitting services in connection with or in furtherance of hunting protected wildlife on public land.</subsection><subsection number="23A-4-1204(2)">An individual may retain an outfitter to help the individual hunt protected wildlife on public land if:<subsection number="23A-4-1204(2)(a)">the persons providing guide services or outfitting services are registered and in good standing under this part;</subsection><subsection number="23A-4-1204(2)(b)">the individual who retains the outfitter is the recipient of the guide services or outfitting services;</subsection><subsection number="23A-4-1204(2)(c)">subject to Subsection <xref tempid="679">(4)</xref>, in total the number of individuals providing services requiring registration under this part does not exceed:<subsection number="23A-4-1204(2)(c)(i)">two individuals; or</subsection><subsection number="23A-4-1204(2)(c)(ii)">three individuals, if the individual who retains the outfitter retains the outfitter for a big game once-in-a-lifetime or limited entry hunt; and</subsection></subsection><subsection number="23A-4-1204(2)(d)">the individual who retains the outfitter is not simultaneously using another outfitter to assist in hunting the same species and sex of protected wildlife.</subsection></subsection><subsection number="23A-4-1204(3)"><subsection number="23A-4-1204(3)(a)">A person that knowingly retains a person that is not registered under this part as an outfitter or who knowingly compensates a guide in violation of this section is guilty of a class B misdemeanor, except that, notwithstanding Section <xref depth="3" refnumber="76-3-204">76-3-204</xref>, a court may not sentence the person to imprisonment or probation.</subsection><subsection number="23A-4-1204(3)(b)">The division may suspend an individual's privilege to hunt or fish under this title if the individual knowingly retains a person that is not registered under this part as an outfitter or knowingly compensates a guide in violation of this section.</subsection></subsection><subsection number="23A-4-1204(4)">The limitations of Subsection <xref depth="4" refnumber="23A-4-1204(2)(c)">(2)(c)</xref> do not apply to an individual compensated by an outfitter to perform tasks that are not associated with hunting of protected wildlife on public land, including an individual who:<subsection number="23A-4-1204(4)(a)">does not provide guide services or outfitting services; or</subsection><subsection number="23A-4-1204(4)(b)">assists after the protected wildlife is tagged in accordance with Section <xref depth="3" refnumber="23A-4-709">23A-4-709</xref>.</subsection></subsection></section>