Current through Register Vol. 30, No. 38, September 20, 2024
A. A guide, as
defined under A.R.S. §
17-101, is
a person who does any one of the following:
1.
Advertises for guiding services.
2.
Is presented to the public for hire as a guide.
3. Is employed by a commercial enterprise as
a guide.
4. Accepts compensation in
any form commensurate with the market value in this state for guiding services
in exchange for aiding, assisting, directing, leading, or instructing a person
in the field to locate and take wildlife.
5. Is not a landowner or lessee who, without
full fair market compensation, allows access to the landowner's or lessee's
property and directs and advises a person in taking wildlife.
B. A person shall not act as a
guide unless the person holds one of the following guide licenses:
1. A hunting guide license, which authorizes
the license holder to act as a guide for the lawful taking of wildlife other
than aquatic wildlife as defined under A.R.S. §
17-101.
2. A fishing guide license, which authorizes
the license holder to act as a guide for the lawful taking of aquatic
wildlife.
3. A hunting and fishing
guide license, which authorizes the license holder to act as a guide for the
lawful taking of wildlife.
C. A guide license shall expire on December
31 of each year.
D. A person is not
eligible to apply for an original or renewal guide license when any one of the
following conditions apply:
1. The applicant
was convicted of a felony violation of any federal wildlife law, within five
years immediately preceding the date of application;
2. The applicant was convicted of a violation
listed under A.R.S. §
17-309(D),
within five years immediately preceding the date of application;
3. The applicant was convicted of a violation
of a federal or state wildlife law for which a license to take wildlife may be
revoked or suspended within five years immediately preceding the date of
application; or
4. The applicant's
privilege to take or possess wildlife or to guide or act as a guide is
currently suspended or revoked anywhere in the U.S. for violation of a federal
or state wildlife law.
E.
Notwithstanding subsection (D), a person who was convicted of a misdemeanor
violation of any wildlife law within one year preceding the date of application
may apply for a guide license provided the person immediately and voluntarily
reported the violation to the Department after committing the
violation.
F. An applicant for a
guide license shall:
1. Be 18 years of age or
older, and
2. Possess the required
Department-issued license, as applicable:
a. A
current Arizona hunting license when applying for a hunting guide
license;
b. A current Arizona
fishing license when applying for a fishing guide license;
c. A current Arizona combination hunting and
fishing license when applying for a hunting and fishing guide
license;
G. The
guide license does not exempt the license holder from any applicable method of
take or licensing requirement. The guide license holder shall comply with all
applicable Commission rules, including, but not limited to, rules governing:
1. Lawful methods of take,
2. Lawful devices, and
3. License requirements.
H. Unless otherwise provided under this
Section, a person shall successfully complete the Department administered
examination, and answer at least 80% of the questions correctly, prior to
applying for a guide license. Guide examinations are:
1. Provided at a Department office.
2. Valid until December 31 of the year in
which it was taken.
3.
A person interested in taking the guide
examination shall contact a Department office to obtain scheduling
information.
I. The
examination is based on the type of guide license the person is seeking.
1. Before taking the examination, the
applicant shall provide their:
a.
Name;
b. Date of birth;
and
c. Driver license number and
issuing state.
2. The
examination may include questions regarding any of the following topics:
a. A.R.S. Title 17 Game and Fish statutes and
Commission rules regarding the taking and handling of terrestrial and aquatic
wildlife;
b. A.R.S. Title 28, Ch 3,
Article 20 Off-highway Vehicles statutes and rule regarding the use of
off-highway vehicles;
c. A.R.S.
Title 5, Ch 3, Boating and Water Sports statutes and Commission rules on
boating;
d. Requirements for
guiding on federal lands;
e.
Identification of aquatic wildlife species;
f. Identification of wildlife;
g. Special state and federal laws regarding
certain species;
h. General
knowledge of fair chase, hunter ethics, and conservation in Arizona;
i.
General knowledge of species habitat and wildlife that may occur in the same
habitat;
j. General knowledge of the types of habitat within
the State; and
k. General knowledge of special or concurrent
jurisdictions within the State.
3. An applicant who fails the examination may
retake the examination as agreed upon by the applicant and the examination
administrator.
J. In
addition to the guide examination requirement under subsection (H), a guide
license holder shall take the Department administered examination when:
1. The applicant currently holds a hunting or
fishing guide license and is applying for a combination hunting and fishing
guide license;
2. The applicant for
a hunting guide license was convicted of a violation of A.R.S. Title 17 or Game
and Fish Commission rule governing the taking and handling of terrestrial
wildlife within one year preceding the date of application;
3. The applicant for a fishing guide license
was convicted of a violation of A.R.S. Title 17 or Game and Fish Commission
rule governing the taking and handling of aquatic wildlife within one year
preceding the date of application;
4. The applicant failed to submit a renewal
application postmarked before the expiration date of the guide license;
or
5. The applicant failed to
submit the annual report for the preceding license year by January 10 of the
following license year.
K. A person may apply for a guide license by
submitting an application to the Department. The application form is furnished
by the Department and is available at any Department office and on the
Department's website. A guide license applicant shall provide all of the
following information on the application:
1.
The applicant's personal information:
a.
Name;
b. Date of birth;
c. Physical description, to include the
applicant's eye color, hair color, height, and weight;
d. Social Security Number;
e. Current hunting, fishing, or combination
hunting and fishing license number;
f. Residency
status;
g. Mailing address, when applicable;
h.
Physical address;
i. Telephone number, when available;
j.
E-mail address, when available;
k. Type of guide
license sought; and
l. Calendar year for which the application is
made;
2. The outfitting
or guide:
a. Business name; and
b. Business address, as applicable;
3. Responses to questions relating
to criminal violations;
4.
Affirmation that:
a. The applicant meets the
eligibility requirements prescribed under this Section; and
b. The information provided on the
application is true and accurate;
5. Applicant's signature and date.
L. In addition to the requirements
listed under subsection (K), an applicant for a guide license shall also submit
a copy of any one of
the following as proof of the applicant's identity:
1. Valid U.S. passport;
2.
Applicant's birth certificate;
3. Valid
government-issued driver's license; or
4. Valid
government-issued identification card.
M. All information and documentation provided
by the guide license applicant is subject to Department verification.
N. An applicant for a guide
license shall pay all applicable fees required under
R12-4-102
upon approval of an initial or renewal application for a guide
license.
O. The Department shall
deny a guide license when the applicant:
1.
Fails to meet the criteria prescribed under A.R.S. §
17-362,
2. Fails to comply with the requirements of
this Section,
3. Provides false
information during the application process,
4. Fails to provide the annual report
required under subsection (R) by January 10, or
5. Provides false information in the annual
report required under subsection (R) within three years immediately preceding
the date of application.
P. The Department shall provide written
notice to the applicant stating the reason for the denial. The applicant may
appeal the denial to the Commission as prescribed under A.R.S. Title 41,
Chapter 6, Article 10.
Q. A guide
license holder may submit an application for renewal of a guide license after
December 1 of the year it was issued. The Department shall not start the
substantive review, as defined under A.R.S. §
41-1072,
before January 10 of the following license year, unless the Department receives
the annual report prior to the date established under subsection (R). The
current guide license shall remain valid pending a Department decision on the
application for renewal, provided:
1. The
application for renewal is submitted to the Department by December 31,
and
2. The Department receives the
annual report submitted in compliance with subsection (R).
R. A guide license holder shall submit to the
Department the annual report required under A.R.S. §
17-362(C)
for the previous calendar year before
January 10 of the following license year. The report form is furnished by the
Department and is available at any Department office or on the Department's
website.
1. A report is required whether or
not the license holder performed any guiding activities.
2. The annual report shall include all of the
following information, as applicable:
a.
License holder's personal information:
i.
Name;
ii. Guide license number;
and
iii. E-mail address, when
available; and
b.
Client's personal information:
i.
Name;
ii. Mailing address;
and
iii. Arizona license, tag and
permit numbers, and
c.
Dates guiding activities were conducted;
d. Number and species of wildlife taken by
the clients;
e. Game management
unit or body of water where guiding activities took place;
f. Affirmation that the information provided
in the annual report is true and accurate; and
g. License holder's signature and
date.
3. The Department
shall not renew a guide license if the annual report is not submitted to the
Department by January 10 of the following license year.
S. The date of receipt for the items required
under subsections (K), (L), (Q), and (R) shall be as follows:
1. The date a person presents the items to a
Department office;
2. The date a
private express mail carrier receives the package containing the items as
indicated on the shipping package; or
3. The date of the United States Postal
Service postmark stamped on the envelope containing the items.
T. A guide license holder shall:
1. Complete a Department-sanctioned
continuing education course at least once every five-years.
2. While performing guide activities or
providing guide services:
a. Possess a valid guide license.
b.
Possess a valid Arizona hunting, fishing, or combination hunting and fishing
license, as applicable under subsection (F)(2).
c. Present the license
for inspection upon the request of any peace officer, including
wildlifemanagers and game rangers.
d. Report any violation
of a federal or state wildlife regulation, law, or rule personally witnessed by
the guide license holder.
U. A guide license holder shall not:
1. Use, or allow another person to use, any
method or device prohibited under any federal or state wildlife regulation,
law, or rule while taking wildlife.
2. Aid, counsel, agree to aid, or attempt to
aid another person in planning or engaging in conduct that results in a
violation of any federal or state wildlife regulation, law, or rule while
taking wildlife.
3. Pursue any
wildlife or hold at bay any wildlife for a person unless that person is present
during the pursuit to take the wildlife.
a.
The person shall be continuously present during the entire pursuit of that
specific target animal.
b. If dogs
are used, the person shall be present when the dogs are released on a specific
target animal and shall be continuously present for the remainder of the
pursuit.
4. Hold wildlife
at bay other than during daylight hours, unless a Commission Order authorizes
the take of the species at night.
V. As authorized under A.R.S. §
17-362(A),
the Commission may revoke or suspend a guide license when any one or more of
the following actions occur:
1. The guide
license holder failed to comply with the requirements of A.R.S. Title 17 or was
convicted of violating any provision of A.R.S. Title 17;
2. The guide license holder was convicted of
a felony violation of any federal wildlife law;
3. The guide license holder was convicted of
a violation listed under A.R.S. §
17-309(D);
4. The guide license holder was convicted of
a violation of a federal or state wildlife law for which a license to take
wildlife may be revoked or suspended; or
5. The guide license holder's privilege to
take or possess wildlife is suspended or revoked by any jurisdiction for
violation of a federal or state wildlife law.
