landower exercised ordinary care in the circumstances 

 of the individual case. 



Professional Licensing 



Title 87, Chapter 4, part 1, MCA, regulates the 

 occupations of outfitters and professional guides. 

 Section 87-4-101(3) defines outfitter as follows: 



(3) "Outfitter" means any person, except a 

 person providing services on real property 

 that he owns for the primary pursuit of bona 

 fide agricultural interests , who: 



(a) engages in the business of outfitting 

 for hunting or fishing parties, as the term 

 is commonly understood; 



(b) for consideration provides any saddle 

 or pack animal or personal service for 

 hunting or fishing parties or camping 

 equipment, vehicles, or other conveyance, 

 except boats, for any person to hunt, trap, 

 capture, take, or kill any game and 

 accompanies such a party or person on an 

 expedition for any of these purposes; 



(c) for consideration furnishes a boat or 

 other floating craft and accompanies any 

 person for the purpose of catching fish; or 



(d) for consideration aids or assists any 

 person in locating or pursing any game 

 animal. (Emphasis supplied.) 



Section 87-4-121, MCA, requires an "outfitter", as 

 defined in 87-4-101(3), to be licensed and to meet the 

 qualifications contained in 87-4-122, MCA. 



In a block hunting situation, the exemption from the 

 definition of outfitter for providing services on 

 property owned by the individual would not technically 

 apply because common ownership would not be in "a 

 person". Under 87-4-101 (3) (d) , the group of landowners 

 could be construed to be engaged in outfitting by 



