No. 32821 (New Rule): R156-79. Hunting Guides and Outfitters Licensing Act Rule

DAR File No.: 32821
Filed: 07/14/2009, 08:49
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

During the 2009 Legislative Session, H.B. 173 was passed which created Title 58, Chapter 79, Hunting Guides and Outfitters Licensing Act. This new rule is being proposed to clarify provisions of the new governing statute. (DAR NOTE: H.B. 173 (2009) is found at Chapter 52, Laws of Utah 2009, and was effective 05/12/2009.)

Summary of the rule or change:

This new rule provides for the following: title, definitions, authority/purpose, organization/relationship on Rule R156-1, application requirements, education requirements, examination requirements, good moral character requirements, experience requirements, renewal cycle/procedures, unprofessional conduct, content of hunting guide basic training programs, and content of outfitter basic training programs.

State statutory or constitutional authorization for this rule:

Section 58-79-101 and Subsections 58-1-106(1)(a) and 58-1-202(1)(a)

This rule or change incorporates by reference the following material:

Adds Code of Ethics, published by the Utah Guides and Outfitters Association, dated July 1, 2006

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $75 to print the rule and distribute it once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget. Any additional costs to be incurred as a result of the Division now licensing hunting guides and outfitters were covered in the fiscal note which was completed for H.B. 173.

local governments:

The proposed amendments only apply to applicants for licensure as a hunting guide or outfitter. As a result, the proposed amendments do not apply to local governments.

small businesses and persons other than businesses:

The proposed amendments only apply to applicants for licensure as a hunting guide or outfitter. Any cost or saving impact to either small businesses or persons other than businesses brought about by this rule change comes as a result of the changes to the statute under H.B. 173. The fiscal note prepared by the Division in response to H.B. 173 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule filing. The Division estimates there to be about 100 individuals in Utah who are in the outfitter business and about 300 individuals who may apply for licensure as a hunting guide that will be affected by the newly enacted statute and the provisions of this rule. There will be an examination cost to applicants for licensure that is estimated to be approximately $85, which would result in an aggregate cost of approximately $34,000.

Compliance costs for affected persons:

The proposed amendments only apply to applicants for licensure as a hunting guide or outfitter. Any cost or saving impact to affected persons brought about by this rule change comes as a result of the changes to the statute under H.B. 173. The fiscal note prepared by the Division in response to H.B. 173 should be reviewed for information regarding the legislative bill's cost and saving impact and in turn any anticipated costs or savings with respect to this clarifying rule filing. The Division estimates there to be about 100 individuals in Utah who are in the outfitter business and about 300 individuals who may apply for licensure as a hunting guide that will be affected by the newly enacted statute and the provisions of this rule. There will be an examination cost to applicants for licensure that is estimated to be approximately $85.

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

This rule filing administers the new Hunting Guides and Outfitters Licensing Act. No fiscal impact to businesses is anticipated beyond those addressed by the Legislature in passing the Act. 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
HEBER M WELLS BLDG
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:

08/31/2009

Interested persons may attend a public hearing regarding this rule:

8/04/2009 at 1:00 PM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

09/07/2009

Authorized by:

Mark B. Steinagel, Director

RULE TEXT

R156. Commerce, Occupational and Professional Licensing.

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

R156-79-101. Title.

This rule is known as the "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 to denote the individual whose name and signature appear thereon has successfully completed an applicable American Red Cross 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.

 

R156-79-103. Authority - Purpose.

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter 79.

 

R156-79-104. Organization - Relationship to Rule R156-1.

The organization of this rule and its relationship to Section R156-1 is as described in Section R156-1-107.

 

R156-79-302a. Qualifications for Licensure - Application Requirements.

In accordance with Subsections 58-1-203(1) and 58-1-301(3) and Section 58-79-302, the application requirements for licensure are defined herein.

(1) An application for licensure as a hunting guide shall be accompanied by:

(a) a current certification of criminal history record for the applicant issued by the state of Utah or the applicant's state of residency;

(b) a current certification of wildlife violation record for the applicant issued by the Utah Division of Wildlife Resources or the State Wildlife Agency of the applicant's state of residency;

(c) a verification of licensure from any state or territory of the United States or province of Canada in which the applicant has been licensed as a hunting guide; and

(d) a copy of a current photo identification for the applicant showing the applicant is at least 18 years of age. Acceptable photo identification shall include:

(i) a driver license issued by a state of the United States of America or the District of Columbia; or

(ii) an identification card issued by a federal, state or local government agency of the United States of America.

(2) An application for licensure as an outfitter shall be accompanied by:

(a) a current certification of criminal history record for the applicant issued by the state of Utah or the applicant's state of residency;

(b) a current certification of wildlife violation record for the applicant issued by the Utah Division of Wildlife Resources or the State Wildlife Agency of the applicant's state of residency;

(c) a verification of licensure from any state or territory of the United States or province of Canada in which the applicant has been licensed; and

(d) a copy of a current photo identification for the applicant showing the applicant is at least 18 years of age. Acceptable photo identification shall include:

(i) a driver license issued by a state of the United States of America or the District of Columbia; or

(ii) an identification card issued by a federal, state or local government agency of the United States of America.

 

R156-79-302b. Qualifications for Licensure - Education Requirements.

(1) For the purposes of this rule, to show an applicant has successfully completed the basic education, any hunting guide or outfitter applicant shall provide the following:

(a) documentation of having obtained a high school diploma or its equivalent or a higher education degree; and

(b) documentation showing the completion of a first aid and CPR course.

 

R156-79-302c. Qualifications for Licensure - Examination Requirements.

(1) For the purposes of this rule, to show an applicant possesses a minimum degree of skill and ability, the applicant shall meet one of the following requirements:

(a) an applicant as a hunting guide shall pass the Utah Hunting Guide Examination or the Utah Outfitters Examination with a passing score of at least 75%; or

(b) an applicant as an outfitter shall pass the Utah Outfitters Examination with a passing score of at least 75%.

(2) An individual who fails an examination may retake the failed examination as follows:

(a) no sooner then 30 days following any failure, up to three failures; and

(b) no sooner than six months following any failure thereafter.

(3) The examination shall include an assessment of the applicant's knowledge of the Division hunting guide and outfitter statute and rules, the Utah Division of Wildlife Resources statutes and rules, the United States Forest Service and the Federal Bureau of Land Management hunting guidelines and rules and the Utah Hunter Safety Course guidelines and rules.

 

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) 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 previously 12 months;

(iii) an unsuspended fine of more than $3,000 imposed in the previously 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 78, Chapter 5, Utah Criminal Code, Offenses Against the Person, within the last ten years;

(d) a conviction for three 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 or exercise 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 to hunt in this state or another state of the United States or province of Canada.

 

R156-79-302e. Qualifications for Licensure - Experience Requirements.

(1) For the purposes of this rule, to show an applicant meets the training requirements as a hunting guide, the applicant shall produce the following:

(a) documentation showing certification of completion of a basic hunting guide training program pursuant to Section R156-79-601; or

(b) document of 100 days of experience as a hunting guide.

(2) To show an applicant meets the training requirements as an outfitter, the applicant shall produce the following:

(a) documentation showing certification of completion of a basic outfitter training program pursuant to Section R156-79-602; or

(b) documentation of 100 days of experience as an outfitter.

(3) The documentation required in Subsections (1)(b) and (2)(b) shall include:

(a) an affidavit by either a hunting guide or outfitter attesting to the experience claimed by the applicant;

(b) self-authenticating guarantees of reliability include, but are not limited to:

(i) federal land agency records; and

(ii) client affidavits or letters.

(3) Three days of experience may be waived by the Division in collaboration with the Board for every day of training completed by an applicant who has attended a hunting guide or outfitter school approved by the Division in collaboration with the Board.

 

R156-79-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the one-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 water 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 maintain general liability insurance coverage during the entire licensing period;

(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 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 first aid and CPR course;

(14) a basic off highway vehicle safety course;

(15) basic survival skills; and

(16) trophy judging skills.

 

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 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 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) basic survival skills; and

(26) trophy judging skills.

 

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: 2009

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