H.B. 37

1

REGULATION OF WILDLIFE OUTFITTERS
2 AND GUIDES
3 1997 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Bradley T. Johnson
6 AN ACT RELATING TO FISH AND GAME; REQUIRING REGISTRATION OF
7 OUTFITTERS AND GUIDES; ESTABLISHING QUALIFICATIONS, REGISTRATION
8 REQUIREMENTS, AND FEES; REQUIRING THAT CERTAIN INFORMATION BE
9 PROVIDED TO CLIENTS IN WRITING; PROVIDING FOR THE REVOCATION OF A
10 CERTIFICATE OF REGISTRATION; PROVIDING CRIMINAL PENALTIES;
11 ESTABLISHING RULEMAKING AUTHORITY; AND PROVIDING AN EFFECTIVE
12 DATE.
13 This act affects sections of Utah Code Annotated 1953 as follows:
14 ENACTS:
15 23-27-1, Utah Code Annotated 1953
16 23-27-2, Utah Code Annotated 1953
17 23-27-3, Utah Code Annotated 1953
18 23-27-4, Utah Code Annotated 1953
19 23-27-5, Utah Code Annotated 1953
20 23-27-6, Utah Code Annotated 1953
21 23-27-7, Utah Code Annotated 1953
22 23-27-8, Utah Code Annotated 1953
23 23-27-9, Utah Code Annotated 1953
24 23-27-10, Utah Code Annotated 1953
25 23-27-11, Utah Code Annotated 1953
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 23-27-1 is enacted to read:

1 CHAPTER 27. OUTFITTERS AND GUIDES ACT
2 23-27-1. Title.
3 This chapter shall be known as the "Outfitters and Guides Act."
4 Section 2. Section 23-27-2 is enacted to read:
5 23-27-2. Definitions.
6 As used in this chapter:
7 (1) "Consideration" means something of value given or done in exchange for something
8 of value given or done by another.
9 (2) (a) "Guide" means an individual who, for consideration, accompanies a client of an
10 outfitter on an expedition for the purpose of taking or pursuing protected wildlife.
11 (b) "Guide" includes an individual who is an outfitter who personally accompanies a client
12 on an expedition for the purpose of taking protected wildlife.
13 (3) "Outfitter" means any person who:
14 (a) for consideration, provides any of the following to enable a person to take or pursue
15 protected wildlife:
16 (i) a saddle or pack animal;
17 (ii) lodging or other accommodations;
18 (iii) camping equipment;
19 (iv) a vehicle, watercraft, or other conveyance; or
20 (v) a personal service; and
21 (b) accompanies the person, either part or all of the way, on an expedition for the purpose
22 of taking or pursuing protected wildlife or supervises a guide who accompanies the person.
23 Section 3. Section 23-27-3 is enacted to read:
24 23-27-3. Certificate of registration required to act as an outfitter or guide -- Fees --
25 Permit to carry passengers for hire on waters of the state.
26 (1) (a) Except as provided in Subsection (b), a person may not act as an outfitter or guide
27 or advertise or otherwise represent to the public that the person is an outfitter or guide without first
28 obtaining a certificate of registration in accordance with this chapter.
29 (b) (i) A landowner is not required to obtain a certificate of registration to provide the
30 services of an outfitter or guide, as described in Section 23-27-2, if those services are provided to
31 assist a person in pursuing or taking protected wildlife on the landowner's land.

- 2 -

1 (ii) A person who holds a certificate of registration to operate a private fish installation
2 pursuant to Section 23-15-10 is not required to obtain a certificate of registration to provide the
3 services of an outfitter or guide, as described in Section 23-27-2, if those services are provided to
4 assist a person in pursuing or taking fish from the private fish installation.
5 (iii) A person who holds a certificate of registration to operate a commercial hunting area,
6 pursuant to Section 23-17-6, is not required to obtain a certificate of registration to provide the
7 services of an outfitter or guide, as described in Section 23-27-2, if those services are provided to
8 assist a person in pursuing or taking birds from the commercial hunting area.
9 (2) (a) The Division and Board of Wildlife Resources and Division and Board of Parks and
10 Recreation shall coordinate, and consolidate to the extent practicable, procedures for the
11 application and issuance of outfitters' and guides' certificates of registration and permits to carry
12 passengers for hire on waters of the state.
13 (b) An outfitter's or guide's certificate of registration and a permit to carry passengers for
14 hire on waters of the state shall be combined into a single document.
15 Section 4. Section 23-27-4 is enacted to read:
16 23-27-4. Qualifications for outfitters.
17 (1) (a) An individual, partnership, association, or corporation may register as an outfitter.
18 (b) A partnership or unincorporated association consisting of more than one individual
19 shall designate one of its members to submit the application for registration.
20 (c) A corporation shall designate one of its directors, who shall also be an officer of the
21 corporation, to submit the application for registration.
22 (2) A person may receive a certificate of registration to act as an outfitter if:
23 (a) the outfitter or individual submitting the application on behalf of a partnership,
24 association, or corporation is 21 years of age or older;
25 (b) neither the outfitter nor any officer or partner, if the outfitter is a partnership,
26 association, or corporation, is subject to a revocation order pertaining to the privilege of pursuing,
27 possessing, or taking protected wildlife, including a revocation order issued by another state;
28 (c) the outfitter has liability insurance to protect clients and landowners against injury or
29 damages as a result of negligence by the outfitter or any guide employed or under contract by the
30 outfitter, including coverage for the transportation used by the outfitter or the outfitter's guide to
31 transport the clients, in the amount of $250,000 or more;

- 3 -

1 (d) the outfitter has submitted to the division a bond:
2 (i) to the state of Utah;
3 (ii) for the benefit of any person employing the outfitter;
4 (iii) in a form approved by the board;
5 (iv) in the amount of $5,000;
6 (v) executed by a qualified surety, duly authorized to do business in the state; and
7 (vi) conditioned that, for the current registration year, the outfitter will conduct business
8 as an outfitter without fraud or fraudulent representation, and will faithfully perform all contracts
9 with and duties for patrons; and
10 (e) the outfitter has paid a fee of $50.
11 Section 5. Section 23-27-5 is enacted to read:
12 23-27-5. Qualifications for guides.
13 An individual may receive a certificate of registration as a professional guide if the
14 individual:
15 (1) is 16 years of age or older;
16 (2) has passed an exam prepared by the division on wildlife laws and laws related to
17 wildlife activities which may be taken at home;
18 (3) is not subject to a revocation order pertaining to the privilege of pursuing, possessing,
19 or taking protected wildlife including a revocation order issued by another state; and
20 (4) has paid a fee of $50.
21 Section 6. Section 23-27-6 is enacted to read:
22 23-27-6. Written information for clients -- Remedy.
23 (1) Before providing any services to a client, an outfitter must provide the following
24 information, in writing, to the client:
25 (a) a description of the type of services to be provided;
26 (b) dates of service;
27 (c) transportation arrangements;
28 (d) fees for services and payment schedule; and
29 (e) provisions, including related costs, for the recision of service arrangements.
30 (2) Upon the division's request, an outfitter must make available to the division for its
31 inspection the information required in Subsection (1), except information relating to fees for

- 4 -

1 services.
2 (3) An agreement or contract for the services of an outfitter shall be void and
3 unenforceable by the outfitter if the outfitter has not obtained a certificate of registration from the
4 division.
5 Section 7. Section 23-27-7 is enacted to read:
6 23-27-7. Records -- Annual report.
7 (1) Each outfitter shall maintain the following records until the report required by
8 Subsection (3) is filed with the division:
9 (a) the number and species of protected wildlife other than aquatic wildlife taken by each
10 client;
11 (b) each client's license, permit, and tag number; and
12 (c) the name, address, and certificate of registration number of each guide employed or
13 under contract by the outfitter.
14 (2) The records must be kept current and available for inspection by the division during
15 reasonable business hours after the division has provided 48 hours notice.
16 (3) By January 31, each outfitter shall submit a report for the previous calendar year
17 containing the information specified in Subsection (1).
18 (4) If an outfitter is required to report the information provided in Subsection (1) to a
19 federal agency, a copy of that report may be submitted to the division to satisfy the requirements
20 of Subsection (3).
21 Section 8. Section 23-27-8 is enacted to read:
22 23-27-8. General duties.
23 Before accompanying a client on an expedition for the purpose of taking or pursuing
24 protected wildlife, an outfitter or guide must:
25 (1) be sure that the appropriate licenses, permits, and tags required under this title and the
26 rules and proclamations of the Wildlife Board are in the client's possession;
27 (2) procure the required permits if pursuing protected wildlife on land owned or leased by
28 the state or federal government; and
29 (3) obtain written permission from the landowner as provided in Section 23-20-14, if
30 pursuing protected wildlife on private property.
31 Section 9. Section 23-27-9 is enacted to read:

- 5 -

1 23-27-9. Revocation.
2 (1) A hearing officer appointed by the division director shall revoke the certificate of
3 registration of an outfitter or guide for the reasons provided in Section 23-19-9.
4 (2) A hearing officer appointed by the division director may revoke the certificate of
5 registration of an outfitter or guide for a violation of Title 13, Chapter 11, Utah Consumer Sales
6 Practices Act, or rules adopted under the act.
7 (3) (a) A person whose certificate of registration has been revoked may not continue to act
8 as an outfitter or guide.
9 (b) A violation of Subsection (a) is a class A misdemeanor.
10 Section 10. Section 23-27-10 is enacted to read:
11 23-27-10. Rulemaking authority.
12 The Wildlife Board may make and enforce rules consistent with this chapter specifying:
13 (1) application procedures and the form of applications for outfitters' and guides'
14 certificates of registration; and
15 (2) recordkeeping and reporting requirements.
16 Section 11. Section 23-27-11 is enacted to read:
17 23-27-11. List of registered outfitters and professional guides.
18 The division shall make a list available to the public of all registered outfitters and guides
19 without any preference indicated.
20 Section 12. Effective date.
21 This act takes effect on January 1, 1998.




Legislative Review Note
as of 12-9-96 11:38 AM

A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel

- 6 -