H.F. 498 Section 1. NEW SECTION . 483A.29 Registration of hunting and 1 fishing outfitters or hunting and fishing guides —— penalty. 2 1. As used in this section, unless the context otherwise 3 requires: 4 a. “Compensation” means payment of, or agreement to pay, 5 any money, thing of value, or personal or financial benefit 6 conferred in return for labor or services. 7 b. “Hunting or fishing outfitter” or “hunting or fishing 8 guide” means a person who receives compensation in return for 9 the provision of outfitter services to a hunter or fisher. 10 c. “Outfitter services” means services defined by the 11 commission by rule, which shall include but not be limited 12 to the provision of hunting or fishing outfitters or hunting 13 or fishing guides, equipment, stands, blinds, decoys, 14 boats, access to land or waters to be hunted or fished, and 15 transportation to and from such land or waters to a hunter or 16 fisher. 17 2. A person shall not engage in or be employed for any 18 compensation in the business of a hunting or fishing outfitter 19 or a hunting or fishing guide in this state unless the person 20 is registered as a hunting or fishing outfitter or a hunting 21 or fishing guide with the department. A person who provides 22 access to that person’s private property for hunting or fishing 23 without compensation shall not be considered a hunting or 24 fishing outfitter or hunting or fishing guide who is subject to 25 registration pursuant to this section. A person who primarily 26 provides hunting or fishing equipment at retail shall not 27 be considered a hunting or fishing outfitter or hunting or 28 fishing guide who is subject to registration pursuant to this 29 section. The commission shall adopt, by rule, procedures for 30 the registration of hunting or fishing guides or hunting or 31 fishing outfitters. 32 a. The rules shall require an applicant for registration 33 to identify all parcels of land or waters which are under the 34 lawful control of the applicant, and identify the location and 35 -1- LSB 2100YH (8) 86 av/nh 1/ 6

H.F. 498 acreage of any land or waters to be hunted or fished, and the 1 equipment and services to be provided by the hunting or fishing 2 outfitter or hunting or fishing guide. Information concerning 3 the location and acreage of any land or waters to be hunted 4 or fished shall be treated as a confidential record by the 5 department pursuant to section 22.7, subsections 3 and 6. 6 b. An applicant shall not be registered as a hunting or 7 fishing outfitter or hunting or fishing guide pursuant to 8 this section if the person is or has been subject to the 9 cancellation, suspension, or revocation of a license pursuant 10 to section 481A.134 for a violation of chapter 481A, 481B, 11 482, 483A, 484A, or 484B, or for the commission of trespass as 12 defined in section 716.7 while hunting deer, or has pled guilty 13 or been convicted of a violation of chapter 481A, 481B, 482, 14 483A, 484A, or 484B, or of the violation of trespass as defined 15 in section 716.7 while hunting deer, in violation of section 16 481A.135, or if the person is or has been subject to the 17 cancellation, suspension, or revocation of a similar license or 18 has pled guilty or been convicted of the violation of a similar 19 statute, or has pled guilty or been convicted of trespass while 20 hunting deer in another state. 21 3. A hunting or fishing outfitter or hunting or fishing 22 guide registered pursuant to this section shall verify with 23 the department, as provided by rule, that any person to whom 24 outfitter services are provided is properly licensed to hunt or 25 fish in this state for the species sought by that person. 26 4. A hunting or fishing outfitter or hunting or fishing 27 guide registered pursuant to this section is required to do all 28 of the following when providing outfitter services to a hunter 29 or fisher: 30 a. Prior to providing outfitter services to a hunter or 31 fisher, supply the hunter or fisher with a written notice 32 which specifies the types of services that will be provided, 33 the cost of the services to be provided, and the refund policy 34 concerning the services to be provided. 35 -2- LSB 2100YH (8) 86 av/nh 2/ 6

H.F. 498 b. Be responsible for ensuring that each hunter or fisher 1 to whom outfitter services will be provided has the necessary 2 permits, stamps, and licenses prior to hunting or fishing. 3 c. Indicate clearly the boundaries of the land or waters to 4 be hunted or fished and any special restrictions concerning the 5 conduct of the hunting or fishing experience. 6 d. Make no guarantees as to the success of the hunting or 7 fishing experience. 8 e. Make no misrepresentations concerning the facilities, 9 prices, equipment, services, or hunting or fishing 10 opportunities to be provided. 11 f. Not take or attempt to take any wildlife on behalf of a 12 hunter or fisher to whom outfitter services are being provided. 13 g. Maintain a current log of hunters or fishers to whom 14 outfitter services have been provided, the dates of the hunting 15 or fishing experiences, the hunting or fishing license and 16 permit numbers of the hunters or fishers to whom outfitter 17 services have been provided, and harvest information for each 18 hunting or fishing experience. 19 h. Maintain a map of the land or waters which are under the 20 lawful control of the hunting or fishing outfitter or hunting 21 or fishing guide and which identifies the location and acreage 22 of the land and waters to be hunted or fished pursuant to the 23 registration of the hunting or fishing outfitter or hunting or 24 fishing guide. Information maintained on the map concerning 25 the location and acreage of any land or waters to be hunted 26 or fished shall be treated as a confidential record by the 27 department pursuant to section 22.7, subsections 3 and 6. 28 5. Registration as a hunting or fishing outfitter or hunting 29 or fishing guide pursuant to this section does not entitle the 30 hunting or fishing outfitter or hunting or fishing guide to any 31 hunting or fishing license or tag other than those licenses or 32 tags the hunting or fishing outfitter or hunting or fishing 33 guide may lawfully obtain for the outfitter’s or guide’s 34 personal use. 35 -3- LSB 2100YH (8) 86 av/nh 3/ 6

H.F. 498 6. Nothing in this section shall be construed to entitle a 1 nonresident hunter or fisher to any hunting or fishing license 2 or tag in this state other than those licenses or tags the 3 nonresident hunter or fisher is otherwise eligible to lawfully 4 obtain for the hunter’s or fisher’s use. 5 7. The commission shall establish, by rule, the annual fee 6 for a hunting or fishing outfitter or hunting or fishing guide 7 registration. In determining an annual fee, the commission 8 shall consider the costs of providing for the registration and 9 administering and enforcing this section. 10 8. This section does not apply to the activities of a 11 hunting or fishing outfitter or hunting or fishing guide that 12 are conducted on a hunting preserve pursuant to chapter 484B 13 or 484C. 14 9. A person who violates this section or the rules adopted 15 pursuant to this section is guilty of a serious misdemeanor for 16 each violation. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill provides for the registration of persons engaged 21 in the business of a hunting or fishing outfitter or hunting 22 or fishing guide. The bill defines a “hunting or fishing 23 outfitter” or “hunting or fishing guide” as a person who 24 receives compensation in return for providing outfitter 25 services to a hunter or fisher. The bill defines “outfitter 26 services” as services defined by the natural resource 27 commission by rule, including but not limited to the provision 28 of hunting or fishing outfitters or guides, equipment, stands, 29 blinds, decoys, boats, access to land or waters to be hunted, 30 and transportation to and from such land or waters to a hunter 31 or fisher. The natural resource commission is directed to 32 register hunting or fishing outfitters or hunting or fishing 33 guides upon application and payment of an annual fee determined 34 by rule of the commission. A person who provides access to 35 -4- LSB 2100YH (8) 86 av/nh 4/ 6

H.F. 498 that person’s private property for hunting or fishing without 1 compensation or a person who primarily provides hunting or 2 fishing equipment at retail is not considered a hunting or 3 fishing outfitter or hunting or fishing guide who is subject 4 to registration for purposes of the bill. An applicant shall 5 identify all parcels of land or waters which are under the 6 lawful control of the applicant, and identify the location 7 and acreage of any land or waters to be hunted or fished, and 8 the equipment and services to be provided by the hunting or 9 fishing outfitter or the hunting or fishing guide. Information 10 concerning the location and acreage of any land or waters to be 11 hunted or fished shall be treated as a confidential record by 12 the department of natural resources pursuant to Code section 13 22.7, subsection 3, relating to trade secrets, and subsection 14 6, relating to reports to public agencies, which if released 15 would give advantage to competitors and serve no public 16 purpose. 17 An applicant shall not be registered as a hunting or fishing 18 outfitter or guide if the person is or has been subject to 19 cancellation, suspension, or revocation of a license issued 20 by the department of natural resources or has pled guilty or 21 been convicted of such license violations or violations of 22 similar statutes, or has pled guilty or been convicted of 23 the commission of trespass while hunting deer, or has been 24 subject to cancellation, suspension, or revocation of a similar 25 license, or pled guilty or been convicted of trespass while 26 hunting deer in another state. 27 A registered hunting or fishing outfitter or guide is 28 required to verify with the department of natural resources, as 29 provided by rule, that any person to whom hunting or fishing 30 outfitter or guide services are provided is properly licensed 31 to hunt or fish in this state for the species sought by that 32 person. 33 The bill specifies the duties and responsibilities of a 34 hunting or fishing outfitter or guide to a hunter or fisher to 35 -5- LSB 2100YH (8) 86 av/nh 5/ 6

H.F. 498 whom outfitter services will be or are being provided. 1 Nothing in the bill is be construed to entitle a nonresident 2 hunter or fisher to any hunting or fishing license or tag in 3 this state other than those licenses or tags the nonresident 4 hunter is otherwise eligible to lawfully obtain for the 5 hunter’s or fisher’s use. 6 The bill does not apply to activities that are conducted on a 7 hunting preserve. 8 A violator is guilty of a serious misdemeanor for each 9 violation of the bill or rules adopted under the bill. A 10 serious misdemeanor is punishable by confinement for no more 11 than one year and a fine of at least $315 but not more than 12 $1,875. 13 -6- LSB 2100YH (8) 86 av/nh 6/ 6