Administrative rule R657-72

Licensing and operation of outfitters, guides and spotters

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R657-72-1. Purpose and Authority.

This rule is established under the authority of Sections 23A-1-101, 23A-4-1202, 23A-4-1203, and 23A-4-1204 to provide the standards and procedures that govern guiding, outfitting and spotting protected wildlife on public land in Utah.

R657-72-2. Definitions.

(1) Terms used for this rule are defined in Sections 23A-1-101 and 23A-4-1202.

(2) In addition:

(a) "Applicant" means an individual or entity applying to the division to operate as a guide, outfitter or spotter, and, if applicable, has the legal authority to enter into contracts on behalf of the business.

(b) "Affiliate code" means a numerical code or QR code provided to outfitters that are unique to that outfitter's certificate of registration and will be used to assign guides and spotters to a particular outfitter.

(c) "Client" means an individual:

(i) possessing a valid hunting, fishing, or combination license;

(ii) possessing the necessary permits as required by Utah law or rule; and

(iii) who has retained the services of an outfitter, guide or spotter.

(d) "Guide year" means the period from April 1 of a calendar year through March 31 of the subsequent calendar year.

(e) "Spotting" means locating or monitoring the location of protected wildlife on public land.

R657-72-3. Application Requirements and Approval.

(1) An applicant must obtain a certificate of registration from the division to provide guiding, outfitting, or spotting services and to be compensated as a guide, outfitter or spotter.

(2) An application to operate as an outfitter must contain:

(a) the name of the applicant, and if the applicant is an entity, proof of registration with Utah Business Entities, Department of Commerce;

(b) a brief description of the services that will be provided;

(c) proof of possession of a hunting, fishing, or combination license relevant to services being provided;

(d) all necessary federal permits to operate on federal land;

(e) attestation that workers’ compensation insurance and commercial liability insurance to cover employees and clients has been obtained; and

(f) payment of the fee described in Section 23A-4-1202.

(3)(a) Guides and spotters must obtain a certificate of registration for each outfitter they intend to work for.

(b) An affiliate code to provide guide or spotter services with a particular outfitter can be obtained from the outfitter.

(c) To operate as a guide or spotter, the applicant must acquire a guide or spotter certificate of registration from the division using the affiliate code obtained from each outfitter the guide or spotter intends to work for.

(d) An applicant for guide must pay the annual fee described in Subsection 23A-4-1202(4) one time for each guide year, regardless of the number of outfitters the guide intends to work for.

(e) An applicant for spotter must pay the annual fee described in Subsection 23A-4-1202(6) one time for each guide year, regardless of the number of outfitters or guides the spotter intends to work for.

(4) In reviewing an application, the division shall consider:

(a) the completeness and accuracy of the application;

(b) any conviction of, a plea of no contest to, or a plea held in abeyance of Title 23A, the Wildlife Resources Act;

(c) any license suspension action that has been reciprocated pursuant to the Interstate Wildlife Violators Compact; and

(d) any conviction of, a plea of no contest to, or a plea held in abeyance to a crime of moral turpitude by the applicant or an applicant's employees, that when considered with the functions and responsibilities of a guide, outfitter or spotter bears a reasonable relationship to the applicant's ability to responsibly operate as a guide, outfitter or spotter.

(6) A denial of an application for a certificate of registration is a final agency action and the applicant may appeal the denial by filing a Request for Agency Action with the division under Rule R657-2 Adjudicative Proceedings.

(7) Certificates of registration approved by the division will expire at the end of the guide year, on March 31, annually.

R657-72-4. Application Renewal.

(1) Certificates of registration to operate as a guide, outfitter, or spotter must be renewed annually.

(2) If an applicant has obtained a certificate of registration to operate as an outfitter, guide, or spotter during a guide year, they must submit an application for renewal to obtain a certificate of registration for the following guide year.

(3) An application for renewal must contain:

(a)(i) verification of no change in the original application; or

(ii) any necessary amendments to the documents submitted in the original application; and

(b) an accounting of:

(i) clients hired and employees compensated by that client to ensure compliance with Subsection 23A-4-1204(2)(d); and

(ii) if an outfitter, a list of the guides and spotters retained; or

(iii) if a guide, a list of the spotters retained.

(4) payment of the fee described in Section 23A-4-1202.

(5) Failure to provide all documentation and payment under this subsection shall result in the application being denied as incomplete.

R657-72-5. Field Requirements.

(1) Pursuant to Section 23A-4-1204:

(a) no more than two registered outfitters, guides or spotters may be assigned to a client at any given time while hunting protected wildlife; and

(b) no more than three registered outfitters, guides, or spotters may be assigned to a client at any given time while hunting moose, bison, bighorn sheep or mountain goat.

(2) Outfitters, guides and spotters must be able to produce, in the field, documentation of:

(a) the client; and

(b) the dates providing services to that client.

(3) Outfitters, guides and spotters shall retain the records in Subsection (2) for at least two years.

R657-72-6. Prohibited Activities.

In addition to those violations listed in Section 23A-4-1203, an outfitter, guide, or spotter may not:

(1) intentionally obstruct, hinder, interfere, or attempt to obstruct, hinder or interfere lawful hunting, fishing or trapping by a person who is not a client or an employee of the outfitter, guide or spotter;

(2) fail to report to the division within 20 days any violation of a state or federal wildlife, regulations or guiding statute by a client or by an employee of the outfitter, guide or spotter;

(3) fail to report any serious injury or fatality of a client or outfitter staff to a federal, state, county or local law enforcement authority;

(4) fail to comply with state or federal wildlife laws and rules;

(5) fail to produce documentation of outfitters, guides, and spotters assigned to a specific client;

(6) provide outfitter, guide, or spotter services to a person who is not properly licensed to hunt or fish for the species sought by that person;

(7) fail to conform to the generally accepted and recognized standards and ethics of the profession; or

(8) use the affiliate code of an outfitter with the permission of the outfitter or an agreement to work with the outfitter.

R657-72-7. Violations.

(1) A violation of Utah law, rule, or terms of a certificate of registration may result in:

(a) revocation of the certificate of registration; and

(b) suspension of the outfitter's, guide's or spotter's privilege to hunt or fish.

(2) The suspension or revocation process will be administered pursuant to Rule R657-26, Adjudicative Proceedings for a License, Permit, or Certificate of Registration.