Commerce, Occupational and Professional Licensing

Rule R156-79

Hunting Guides and Outfitters Licensing Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 33265
Filed: 12/14/2009 12:37:28 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Hunting Guides and Outfitters Licensing Board further reviewed the rule and determined that additional changes need to be made to clarify the first aid and CPR course and to change the experience requirements to on-the-job training.

Summary of the rule or change:

In Subsection R156-79-102(2), an amendment is made to add any other organization that offers a substantially equivalent first aid and CPR courses as approved by the Division in collaboration with the Board. Similar amendments with respect to the first aid and CPR courses are also made in Section R156-79-601 and Subsection R156-79-602(13). In Section R156-79-302e, amendments are made to remove the term "experience" and replace it with the term "on-the-job training" and to define the amount of on-the-job training that is acceptable for hunting guides and outfitters.

State statutory or constitutional authorization for this rule:

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

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 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.

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 proposed amendments do not make any changes that will cause any cost or savings impact to citizens of the state or to licensed hunting guides and outfitters.

Compliance costs for affected persons:

The proposed amendments only apply to licensed hunting guides and outfitters and applicants for licensure in those classifications. The proposed amendments do not make any changes that will cause any cost or savings impact to licensed hunting guides and outfitters.

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

No fiscal impact to businesses is anticipated in this rule filing which further clarifies the experience requirement and the standards for CPR and first aid training.

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 cormond@utah.gov

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:

02/01/2010

This rule may become effective on:

02/08/2010

Authorized by:

Mark Steinagel, Director

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 one of the following:

(a) the American Red Cross ; [or]

(b) the American Heart Association ; or

(c) another organization that offers substantially equivalent first aid and CPR courses as approved by the Division in collaboration with the Board, to denote the individual whose name and signature appear [thereon] on the certificate has successfully completed [an]the 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.

 

R156-79-302e. Qualifications for Licensure - [Experience ] Equivalent Training 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 ation of 100 days of [experience as a hunting guide]on-the job training that is substantially equivalent to the basic hunting guide training program. No more than 15 days of on-the-job training may be accepted for any single item of training listed in Section R156-79-601.

(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]on-the-job training that is substantially equivalent to the basic outfitter training program. No more than 15 days of on-the-job training may be accepted for any single item of training listed in Section R156-79-602.

(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]on-the-job training as a hunting guide or an outfitter claimed by the applicant;

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

(i) federal land agency records;[ and]

(ii) approved training program records; or

(ii i) client affidavits or letters.

([3]4) Three days of [experience]on-the-job training 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.

 

R156-79-601. 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 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] first aid and CPR training provided by:

(a) the American Red Cross ;

(b) [or] the American Heart Association ; or

(c) another organization that offers substantially equivalent training as approved by the Division in collaboration with the Board[first aid and CPR course];

(14) orienteering and map reading;

(15) a basic off highway vehicle safety course;

(16) basic survival skills;

(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 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] first aid and CPR training provided by:

(a) the American Red Cross ;

(b) [or] the American Heart Association ; or

(c) another organization that offers substantially equivalent training as approved by the Division in collaboration with the Board[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;

(26) basic survival skills;

(27) trophy judging skills;

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

 

KEY: licensing, hunting guides, outfitters

Date of Enactment or Last Substantive Amendment: [December 8, 2009]2010

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