††††† 301 KAR 2:030. Commercial guide license.

 

††††† RELATES TO: KRS 150.170, 150.175, 150.412

††††† STATUTORY AUTHORITY: KRS 150.015, 150.025, 150.190

††††† NECESSITY, FUNCTION, AND CONFORMITY: KRS 150.015 authorizes the department to protect and conserve the wildlife of the Commonwealth. KRS 150.025 authorizes the department to promulgate administrative regulations to protect fish and game from overharvest. KRS 150.190 authorizes the department to ensure that an applicant for a commercial guide license is qualified to act as a commercial guide. EO 2008-516, effective June 16, 2008, reorganizes and renames the Commerce Cabinet as the Tourism, Arts and Heritage Cabinet. This administrative regulation is necessary to establish the requirements for a commercial guide license and a guide helper.

 

††††† Section 1. Definitions. (1) "Commercial guide" means a person who advertises or offers their services for remuneration to direct, instruct (excluding seminars), or aid others in taking wildlife.

††††† (2) "Creel limit" is defined in 301 KAR 1:201.

††††† (3) "Direct supervision" means supervision in the approximate vicinity sufficient to provide immediate medical assistance.

††††† (4) "Guide helper" means a person without a commercial guide license who is supervised by a commercial guide while involved in the taking of wildlife.

††††† (5) "Take" is defined in KRS 150.010(37).

††††† (6) "Wildlife" is defined in KRS 150.010(41).

 

††††† Section 2. Commercial Guide License Requirements and Application. (1) A person wanting to commercially guide for wildlife shall possess a commercial guide license provided by the department.

††††† (2) A commercial guide license is valid for one (1) calendar year.

††††† (3) An applicant of a commercial guide license shall:

††††† (a) Be eighteen (18) years of age or older;

††††† (b) Have not been convicted of any fish or game violations during the previous three (3) years;

††††† (c) Possess all necessary fishing licenses and permits in order to receive a commercial guide license for fishing; and

††††† (d) Possess all necessary hunting licenses and permits in order to receive a commercial guide license for hunting.

††††† (4) An applicant wanting to apply for a commercial guide license shall submit to the department:

††††† (a) An application for a commercial guide license to the Directorís Office, Division of Law Enforcement, #1 Sportsmanís Lane, Frankfort, Kentucky 40601;

††††† (b) A signed affidavit from two (2) separate character references documenting the applicant is experienced in the field in which they are guiding and that the applicant is of good moral character and in good physical condition;

††††† (c) Proof of a National Crime Information Center (NCIC/LINK) background check through the Kentucky State Police;

††††† (d) Effective January 1, 2010, proof of certification in cardiopulmonary resuscitation (CPR) and first aid. Certifications shall be maintained as specified by the certifying organization;

††††† (e) Proof of completion of a boater education course when applying for a commercial guide license for fishing. An applicant may complete the online boater education course available by accessing the department's Web site at http://fw.ky.gov to satisfy this requirement; and

††††† (f) Proof of completion of a hunter education course, or a valid hunter education exemption permit available by accessing the department's Web site at http://fw.ky.gov, when applying for a commercial guide license for hunting. A commercial guide applicant who guides hunters by boat shall also submit proof of completion of a boater education course or the online boater education course.

††††† (5) A commercial guide who has possessed a commercial guide license for the past three (3) consecutive years shall not be required to submit the two (2) character reference affidavits, as established in this Section of this administrative regulation, when applying for a commercial guide license.

††††† (6) A commercial guide applicant who possesses a valid United States Coast Guard Captainís License ("six pack") and will guide on a United States Coast Guard regulated waterway may submit a copy of this license in lieu of the boater education course requirements, as established in this section when applying for a commercial guide license. Effective January 1, 2010, a commercial guide applicant who possesses a valid U.S. Coast Guard Captain's License (six pack) and will guide on a U.S. Coast Guard regulated waterway may submit a copy of this license in lieu of the CPR and first aid requirements, as established in this section, when applying for a commercial guide license.

 

††††† Section 3. Guide Helper. (1) A commercial guide may utilize guide helpers provided they are under the direct supervision of the commercial guide, except on lands owned or leased by the commercial guide.

††††† (2) A fishing guide helper shall:

††††† (a) Have in possession all necessary fishing licenses and permits; and

††††† (b) Be accompanied in the boat by a commercial guide;

††††† (3) A hunting guide helper shall have in possession:

††††† (a) All necessary hunting licenses and permits;

††††† (b)1. A hunter education card; or

††††† 2. A valid hunter education exemption permit; and

††††† (c) A boater education card if helping a commercial guide by boat.

††††† (4) Effective January 1, 2010, a guide helper wishing to work beyond the direct supervision of the commercial guide shall be required to have cardiopulmonary resuscitation (CPR) and first aid certification. Certifications shall be maintained as specified by the certifying organization.

 

††††† Section 4. Commercial Guide License Prohibitions and Revocation. (1) A commercial guide or guide helper shall not participate in the taking of fish or game beyond the bag limit or creel limit of the person or persons being guided except that a commercial guide or guide helper may take their daily bag or creel limit of fish or game while guiding.

††††† (2) The department shall revoke and not renew the commercial guide license, for a period of three (3) years, of a person convicted of any state or federal fish or game violation.

††††† (3) An individual whose commercial guide license has been denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B.

 

††††† Section 5. Incorporation by Reference. (1) "Commercial Guide License Application", 07/18/08, is incorporated by reference.

††††† (2) This material may be inspected, copied, or obtained, subject to applicable copyright law, at the Department of Fish and Wildlife Resources, #1 Sportsmanís Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m. (KFWR-G-71; 1 Ky.R. 64; eff. 11-13-1974; 35 Ky.R. 1000; 1451; eff. 1-5-2009.)