Current through Register Vol. XLI, No. 45, November 8, 2024
Section 58-11-3 - Outfitters License3.1. License required. An outfitter must obtain a license from the director prior to the commencement of services in the State.3.2. Compliance with license. An outfitter issued a license by the director must comply with the terms and conditions of that license.3.3. License in possession. Each outfitter shall carry a copy of his/her license when conducting outfitter services. If the outfitter is a corporation, partnership, or other legal entity, then such copy will be carried by the representative of the outfitter who is present and designated in-charge during the performance of the outfitter services.3.4. Bonding and insurance. Before any outfitting services are offered or rendered, each outfitter must execute a surety bond in the penal sum of one thousand dollars ($1,000) payable to the State of West Virginia and must hold valid public liability insurance for which the minimum acceptable coverage shall be three hundred thousand dollars ($300,000) per occurrence for bodily injury and twenty-five thousand dollars ($25,000) per occurrence and twenty-five thousand dollars ($25,000) aggregate for property damage. The licensee shall submit proof of liability insurance coverage and the surety bond to the director not later than February 15th of each year. The issuing insurance company shall furnish immediate written notification of the cancellation of the policy and/or surety bond to the director. The requirement of cancellation shall be printed on the bottom of every policy.3.5. Application. An outfitter seeking a license shall provide the director with the information specified on the Division's application and any additional information that the director deems necessary for consideration of such application. Any change in that information must be reported by the licensee to the director within thirty (30) days of such change. The applicant may in his or her application elect to be designated as an outfitter or a guide. 3.6 License Renewal: Outfitter and Guide licenses issued under this rule expire on December 31st of the year of issue. A licensee may seek to renew his/her license by submitting an updated application to the Division no later than one month prior to the date upon which his permit or license expires. A one-month extension may be granted by Division personnel in order to facilitate the review and processing of a licensee's renewal application.3.7. First aid. Each outfitter, or representative of the outfitter actually conducting the service, shall have a current standard first aid training certificate issued by the American Red Cross or equivalent.3.8. Records. Licensees shall keep a current record or file containing the name, address, age, and residency of all persons who have utilized their services. This record shall be kept for a period of two (2) years and shall be made available to the director upon request.3.9. Non-transferability. A license is nontransferable and is valid only for the calendar year designated therein.3.10. Posted lands. A license confers no authority to trespass; written permission must be obtained from the landowner, lessee, or tenant of any fenced or posted lands before entering same.3.11. National forest lands. An outfitters license shall not be valid on National Forest lands within this state unless written permission is obtained from the Supervisor of such National Forest lands. Such permission must be signed and approved by the Division of Natural Resources.3.12. Bear hunts. In accordance with the provisions of W. Va. Code § 20-2-22a, an outfitters license does not permit the holder thereof to organize for commercial purposes or to professionally outfit a bear hunt or to give or receive any consideration whatsoever or any donation in money, goods, or services in connection with a bear hunt.