TOURISM, ARTS AND HERITAGE CABINET

Kentucky Department of Fish and Wildlife Resources

(As Amended at ARRS, December 9, 2015)

 

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

 

††††† RELATES TO: KRS 150.170,[150.175,] 150.412, 164.772

††††† STATUTORY AUTHORITY: KRS[150.015,] 150.025, 150.175(11), 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 establish open seasons for the taking of wildlife, to regulate bag limits and methods of take, and to make these requirements apply statewide or to a limited area[protect fish and game from overharvest]. KRS 150.175(11) authorizes the department to issue a commercial guide[guideís] license, which authorizes the holder to guide hunting and fishing parties. 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 establishes[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, excluding classroom instruction or seminars.

††††† (2) ["Directly supervised" means that the commercial guide license holder is in the same boat or directly along side of the commercial guide helper if standing on a stream or river bank]["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)] "Fishing guide helper" means a person[without a commercial guide license] who assists a commercial guide and is in the same boat or is directly along side of the[supervised by a] commercial guide if standing on a stream or river bank and while guiding others[involved] in the taking of fish[wildlife].

††††† (3)[(4)] "Hunting guide helper":

††††† (a) Means a person who is acting on behalf of a commercial guide license holder, is registered with the department, and whose actions in the field assist in the taking of game animals; and

††††† (b) Does[, but shall] not include a person[individuals] assisting only in the recovery and removal of dead game, or tracking wounded game[(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 valid Kentucky commercial guide license in order to commercially guide others in[provided by] the taking of wildlife[department].

††††† (2) A commercial guide license shall be[is] valid from March 1 through the last day of February[for one (1) calendar year].

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

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

††††† (b) Have[Have] not been convicted of any state or federal fish or wildlife violation[game violations] during the previous three (3) years;

††††† (c) Have not been convicted of a felony;

††††† (d) Possess a valid[all necessary] fishing license and trout permit if applicable[licenses and permits in order to receive a commercial guide license for fishing]; and

††††† (e)[(d)] Possess a valid[all necessary] hunting license and all applicable game[licenses and] permits[in order to receive a commercial guide license for hunting].

††††† (4) An elk permit shall not be required to be purchased by a commercial guide or hunting guide helper in order to guide clients in the taking of elk.

††††† (5) Except as established in subsection (6) of this section, in order[An applicant wanting] to obtain[apply for] a commercial guide license, a person shall submit to the department:

††††† (a) A completed[An] Commercial Guide License Application Form[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 Law Information Network of Kentucky National Crime Information Center (LINK/NCIC)[(NCIC/LINK)] background check obtained through the Kentucky State Police;

††††† (c)[(d) Effective January 1, 2010,] Proof of a valid and up to date certification in:

††††† 1. Cardiopulmonary resuscitation (CPR); and

††††† 2. First aid;[.]

††††† (d)[Certifications shall be maintained as specified by the certifying organization;

††††† (e)] Proof of completion of a boater education course upon[when] applying for a commercial guide license for fishing in a boat[. 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];

††††† (e)[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,] upon[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; and

††††† (f) A ten (10) dollar registration fee for each hunting guide helper to be used by the commercial guide[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, or "six pack",[("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 established in subsection (5)(d) of this section and[, as established in this section when applying for a commercial guide license.

††††† (7)][Effective January 1, 2010,][A commercial guide applicant who possesses a valid U.S. Coast Guard Captain's License, or "six pack",][(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 subsection (5)(c) of this section, upon[when] applying for a commercial guide license.

††††† (7)[(8)] While guiding, a commercial guide shall have in possession all required licenses and permits.

 

††††† Section 3. Guide Helper. (1) A commercial guide may utilize fishing guide helpers and hunting 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 have in possession while assisting a commercial guide a valid Kentucky[:

††††† (a) Have in possession all necessary] fishing license and applicable permits.[licenses and permits; and

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

††††† (3) A hunting guide helper shall have in possession while assisting a commercial guide[have in possession]:

††††† (a) A valid Kentucky[All necessary] hunting license[licenses] and applicable game permits;

††††† (b) Proof of completion of[(b)1.] a hunter education course[card];[or

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

††††† (c) Proof of completion of a boater education course[card] if helping a commercial guide by boat; and

††††† (d) A hunting guide helper certification card.

††††† (4) Effective March 1, 2016[January 1, 2010], a hunting guide helper[wishing to work beyond the direct supervision of the commercial guide] shall be required to provide proof of a valid and up-to-date certification in:

††††† (a)[have] Cardiopulmonary resuscitation (CPR); and

††††† (b) First aid[certification].

††††† (5) A hunting guide helper shall be registered with the department by the licensed commercial guide he or she represents[they represent].

††††† (6)[An applicant for] A hunting guide helper shall:

††††† (a) Be at least eighteen (18) years old;

††††† (b) Not be convicted of a state or federal fish or wildlife violation during the previous three (3) years; and

††††† (c) Not have been convicted of a felony[Certifications shall be maintained as specified by the certifying organization].

††††† (7) A commercial guide license holder shall be responsible for any violation of this administrative regulation by a helper who is registered by the commercial guide.

 

††††† 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 a[their] daily bag or creel limit of fish or game while guiding.

††††† (2) The department shall revoke and not renew the commercial guide license or hunting guide helper certification, for a period of one (1) year[three (3) years], of a person convicted of any state or federal fish or game violation.

††††† (3) The department shall permanently revoke the commercial guide license or hunting guide helper certification of a person convicted of a felony.

††††† (4) An individual whose commercial guide license or hunting guide helper certification 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 Form", 2016 edition[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.

 

KAREN A. WALDROP, Deputy Commissioner

††††† For GREGORY K. JOHNSON, Commissioner

ROBERT H. STEWART, Secretary

††††† APPROVED BY AGENCY: October 7, 2015

††††† FILED WITH LRC: October 14, 2015 at noon

††††† CONTACT PERSON: Rose Mack, Department of Fish and Wildlife Resources, Arnold L. Mitchell Building, #1 Sportsman's Lane, Frankfort, Kentucky 40601, phone (502) 564-3400, fax (502) 564-9136, email fwpubliccomments@ky.gov.