March 28–Neither supporters nor critics of a new Idaho law that will allow landowners to offer outfitting and guiding services on their property without a state license can say how the change will play out.
Critics worry it could invite unsafe, fly-by-night operators that would undermine the reputation of the state’s licensed outdoor recreation professionals. But supporters say it’s a simple matter of private property rights.
Late in the legislative session, Idaho lawmakers passed House Bill 597, which exempts landowners and their employees from the requirements of the Outfitters and Guides Licensing Board. Jake Howard, director of the small and little-known agency, said there are about 70 outfitters that operate at least partially on private land and about half of those operate exclusively on private property.
He has heard from about a dozen of those who say they like being licensed.
“They find it desirable to be licensed,” he said. “There is a marketability issue and a credibility issue to being properly bonded and insured and we go through the training and the background checks.”
But many private landowners viewed those benefits as a burden, said Russ Hendricks, director of governmental affairs for the Farm Bureau, which sponsored the bill.
“Private property is a right and not a privilege and it is a privilege if you have to go to an agency and ask permission and pay them to do it,” he said.
The bill, in an early version, was opposed by the Idaho Outfitter and Guides Association. But the industry group pulled its opposition when a later version made clear outfitters who operate on private land could become licensed if they wished.
Even though it pulled back on its fight against the bill, Grant Simonds, governmental affairs liaison for the IOGA, said his group isn’t pleased with the two-tiered system it establishes. He said many landowners will likely make fine guides but he worries about those who might engage in activities without proper training.
“The travesty with this legislation is that it established a new set of outfitters and guides for which there will be no standards, for which the public that uses these services and end up getting jilted will have no recourse,” Simonds said.
Hendricks said Farm Bureau members are happy to let market forces weed out any bad actors.
“That is what private enterprise is all about. If these landowners provide a good experience and a good value to their customers, they are going to have repeat customers,” he said. “If they don’t and customers feel unsafe and there is a dangerous situation and they didn’t have a good experience, they are not going to come back and they are going to tell their friends and family and be on Facebook and Twitter and everything and pretty soon that guy is going to be out of business.”
A law passed in the 2013 legislative session gives some liability protection to landowners who provide recreation on their land. Even so, Hendricks said the Farm Bureau is advising its members who consider engaging in outfitting to meet with their insurance providers to make sure they are protected from any liability.
Landowners in Idaho have always had the ability to charge an access or trespass fee for things like hunting and fishing. But if they weren’t licensed they couldn’t provide any other benefits. For example, they couldn’t provide lodging or help hunters pack out game without running afoul of the law.
Now that won’t be an issue and it could make landowners more willing to provide access for a fee.
“There has always been some hesitancy from landowners,” Hendricks said. “They didn’t exactly know where the line was. It was very gray. Now they are going to be more willing.”
Both Howard and Wayne Hunsucker of Lucille, chairman of the Outfitters and Guides Licensing Board, had heart burn about the debate over the bill. It was portrayed that the board was going after landowners who provided activities like corn mazes or hay rides.
“In all my years in Idaho I never followed a bill through that was like this,” he said. “I was amazed how anybody can stand up and say anything and make people believe it. There is no instance where we have harassed any landowner about these wagon rides or hay rides.”
Howard said the board only seeks licenses from people who provide guiding and outfitting for things that could pose a reasonable risk to the public. He said things like trail rides on flat ground didn’t need to be licensed. But they would if the rides were on steep terrain where accidents are more likely.
“If it’s on a flat road or a flat trail or some area not particularly rugged or narrow, they are exempt.”
He said there is one wagon ridge provider in the state that is licensed and that person sought the license.
Hunsucker said even though he didn’t like the debate over the bill and would have preferred if the Farm Bureau had consulted with the agency when it was writing the legislation, the licensing board will deal with the new law.
“We will live with it. We can make things work.”
Barker may be contacted at [email protected] or at (208) 848-2273. Follow him on Twitter @ezebarker.