a guide. (1) Except as provided in Subsections (2) and (3), 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. (2) An individual may retain an outfitter to help the individual hunt protected wildlife on public land if: (a) the persons providing guide services or outfitting services are registered and in good standing under this part; (b) the individual who retains the outfitter is the recipient of the guide services or outfitting services; (c) subject to Subsection (4), in total the number of individuals providing services requiring registration under this part does not exceed: (i) two individuals; or (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 (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. (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 76-3-204, a court may not sentence the person to imprisonment or probation. (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. (4) The limitations of Subsection (2)(c) 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: (a) does not provide guide services or outfitting services; or (b) assists after the protected wildlife is tagged in accordance with Section 23A-4-709.
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