No. 33065 (Amendment): Rule R156-79. Hunting Guides and Outfitters Licensing Act Rule

(Amendment)

DAR File No.: 33065
Filed: 10/15/2009 01:44:29 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Hunting Guides and Outfitters Licensing Board further reviewed this rule after an August 2009 rule hearing and written comments received by the Division with respect to this rule. As a result of that review, additional amendments are being proposed.

Summary of the rule or change:

In Subsection R156-79-102(2), the American Heart Association is being added as an additional provider of first aid/cardiopulmonary resuscitation (CPR) courses. Subsection R156-79-302d(1)(d) is amended to reduce the number of conviction of misdemeanors from three to one or more involving wildlife violations. In Subsections R156-79-302d(1)(f) and (g), minor wording changes are made. In Section R156-79-303, the renewal cycle is updated from one year to two years as provided in the governing statute. Subsection R156-79-502(14) is updated with respect to general liability insurance coverage required by the United States Forest Service or the Bureau of Land Management. In Sections R156-79-601 and R156-79-602, in addition to the American Heart Association amendments being added, these two sections are amended to remove the 30 days of basic instruction requirement and give the Board the responsibility of approving the training programs for the hunting guide and outfitter programs. Also, the training requirements of orienteering and map reading are being added. Section R156-79-701 is being deleted as it is inappropriate and has created confusion in the outfitter and hunting guide industry.

State statutory or constitutional authorization for this rule:

• Section 58-79-101
• Subsection 58-1-106(1)(a)
• Subsection 58-1-202(1)(a)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed hunting guides and outfitters and applicants for licensure in those classifications. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed hunting guides and outfitters and applicants for licensure in those classifications. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business. The Division does not anticipate that these proposed amendments will create any additional costs or savings to the regulated industry.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed hunting guides and outfitters and applicants for licensure in those classifications. The Division does not anticipate that these proposed amendments will create any additional costs or savings to the regulated industry.

Compliance costs for affected persons:

The proposed amendments only apply to licensed hunting guides and outfitters and applicants for licensure in those classifications. The Division does not anticipate that these proposed amendments will create any additional costs or savings to the regulated industry.

Comments by the department head on the fiscal impact the rule may have on businesses:

No fiscal impact to businesses is anticipated from this rule filing which clarifies existing provisions based on comments received during a rule hearing.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Clyde Ormond at the above address, by phone at 801-530-6254, by FAX at 801-530-6511, or by Internet E-mail at [e-mail]

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

12/01/2009

Interested persons may attend a public hearing regarding this rule:

• 11/10/2009 01:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

12/08/2009

Authorized by:

Mark Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

R156-79. Hunting Guides and Outfitters Licensing Act Rule.

R156-79-102. Definitions.

In addition to the definitions in Sections 58-1-102 and 58-79-102, which shall apply to this rule:

(1) "Client" means the person who engages the professional services of a licensed outfitter.

(2) "Certification of completion of a first aid and CPR course" means a valid certificate issued by the American Red Cross or American Heart Association to denote the individual whose name and signature appear thereon has successfully completed an applicable American Red Cross or American Heart Association first aid and CPR course.

(3) "Conviction" means criminal conduct where the filing of a criminal charge has resulted in:

(a) a finding of guilt based on evidence presented to a judge or jury;

(b) a guilty plea;

(c) a plea of nolo contendere;

(d) a plea of guilty or nolo contendere which is held in abeyance pending the successful completion of probation;

(e) a pending diversion agreement;

(f) a conviction which has been reduced pursuant to Subsection 76-3-402(1); or

(g) an equivalent of any of the above in another jurisdiction.

(4) "Packing" means transporting for hire or compensation hunters, game animals or equipment in the field.

(5) "Protecting" means the hunting guide and outfitter protects any clientele.

(6) "Responsible charge" means having principal care for the safety and welfare of a client when and where the hunting guide services are being provided.

(7) "Unprofessional conduct", as defined in Title 58, Chapters 1 and 79, is further defined, in accordance with Subsection 58-1-203(1)(e), in Section R156-79-502.

 

R156-79-302d. Qualifications for Licensure - Good Moral Character.

(1) Any one or more of the following may disqualify an individual from obtaining or holding a hunting guide or outfitters license:

(a) a violation of a state or federal wildlife, hunting guide or outfitter statute or regulation that includes:

(i) an imprisonment for more than five days within the previous five years;

(ii) an unsuspended fine of more than $2,000 imposed in the previous 12 months;

(iii) an unsuspended fine of more than $3,000 imposed in the previous 36 months; or

(iv) an unsuspended fine of more than $5,000 imposed in the previous 60 months;

(b) any felony conviction within the last five years;

(c) a conviction for a felony offense against a person under Title 76, Chapter 5, Utah Criminal Code, Offenses Against the Person, within the last ten years;

(d) a conviction for [three]one or more misdemeanors involving wildlife violations;

(e) a conviction for a misdemeanor crime of moral turpitude;

(f) a suspension or disciplinary action involving an individual['s right to] obtain ing or exercis[e]ing the privileges granted by a hunting guide or outfitter license in this state or another state of the United States, province of Canada, by the Federal Bureau of Land Management or by the United States Forest Service; and

(g) a loss of the [right]privilege to hunt in this state or another state of the United States or province of Canada.

 

R156-79-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the [one]two-year renewal cycle applicable to licensees under Title 58, Chapter 79 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

 

R156-79-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) engaging in fraud in advertising or soliciting hunting guide or outfitter services to the public;

(2) intentionally obstructing or hindering or attempting to obstruct or hinder lawful hunting by a person who is not a client or an employee of the licensee;

(3) failing to promptly report, unless a reasonable means of communication is not readily available, and in no event later than 20 days, a violation of a state or federal wildlife, game or guiding statute that the licensee believes was committed by a client or an employee of the licensee;

(4) materially breaching a contract with a person using the hunting guide or outfitting services of the licensee;

(5) failing to provide any animal used in the conduct of business with proper food, drink and subjecting any animal used in the conduct of business to needless abuse or cruel and inhumane treatment;

(6) failing to allow the Division or its agents access at all times to inspect hunting camps, whether or not the licensee is present;

(7) failing to provide a hunting guide for every two hunters in wilderness areas and for up to six hunters in all other areas of the state;

(8) failing to maintain a neat, orderly and sanitary camp by not disposing of garbage, debris and human waste appropriately;

(9) failing to provide clean drinking water or failing to protect all food from contamination;

(10) failing to separate livestock facilities and camp facilities and to protect streams from contamination;

(11) failing to report any serious injury or fatality to the client or outfitter staff to a federal, state, county or local law enforcement authority;

(12) failing to comply with state and federal laws and rules regarding hunting guides and outfitters;

(13) failing to comply with state and federal wildlife laws and rules;

(14) failing to [provide and]adequately maintain general liability insurance coverage[during the entire licensing period]as required by the United States Forest Service or the Bureau of Land Management;

(15) failing as a licensee to carry an original license, as issued by the Division, at all times when providing outfitting or hunting guide services;

(16) providing outfitter services to a person who is not properly licensed to hunt for the species sought by that person; and

(17) failing to conform to the generally accepted and recognized standards and ethics of the profession including those established by the Utah Guides and Outfitters Association, adopted July 1, 2006, which is hereby incorporated by reference.

 

R156-79-601. Content of the Hunting Guide Basic Training Program.

The basic training program for hunting guides as required in Subsection 58-79-302(1)(e) shall be approved by the Division in collaboration with the Board and may[contain at least 30 days of basic instruction to] include the following components or their equivalent:

(1) hunter ethics and attitude;

(2) horsemanship;

(3) packing skills;

(4) transporting livestock;

(5) shoeing skills;

(6) use of a crosscut saw and ax;

(7) use of a chain saw;

(8) general weapon knowledge;

(9) guiding skills;

(10) game care;

(11) setting up camps;

(12) hunting guide regulations;

(13) an American Red Cross or American Heart Association first aid and CPR course;

(14) orienteering and map reading;

([14]15) a basic off highway vehicle safety course;

([15]16) basic survival skills;[and]

([16]17) trophy judging skills ;

(18) other topics pertinent to the hunting guide industry as approved by the Division in collaboration with the Board.

 

R156-79-602. Content of the Outfitter Basic Training Program.

The basic training program for outfitters as required in Subsection 58-79-302(2)(e) shall be approved by the Division in collaboration with the Board and may[contain at least 30 days of basic instruction to] include the following components or their equivalent:

(1) hunter ethics and attitude;

(2) horsemanship;

(3) packing skills;

(4) transporting livestock;

(5) shoeing skills;

(6) use of a crosscut saw and ax;

(7) use of a chain saw;

(8) general weapon knowledge;

(9) guiding skills;

(10) game care;

(11) setting up camps;

(12) outfitter regulations;

(13) an American Red Cross or American Heart Association first aid and CPR course;

(14) a basic off highway vehicle safety course;

(15) supervising clientele;

(16) hiring and supervising personnel;

(17) outfitter advertising;

(18) booking clientele;

(19) going into business for oneself;

(20) wilderness and back country manners;

(21) applying federal and state land use policies;

(22) obtaining all necessary licenses and permits and permissions for the client;

(23) providing staff and facilities for hunting;

(24) providing a hunting guide;

(25) orienteering and map reading;

([25]26) basic survival skills;[and]

([26]27) trophy judging skills ;

(28) other topics pertinent to the outfitter industry as approved by the Division in collaboration with the Board.[

 

R156-79-701. Effective Date of Rule.

The effective date of this rule shall be January 1, 2010.]

 

KEY: licensing, hunting guides, outfitters

Date of Enactment or Last Substantive Amendment: [September 10, ]2009

Authorizing, and Implemented or Interpreted Law: 58-79-101; 58-1-106(1)(a); 58-1-202(1)(a)

 

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