Ariz. Admin. Code § 12-4-208

Current through Register Vol. 30, No. 45, November 8, 2024

Section R12-4-208 - Guide License

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.

Ariz. Admin. Code § R12-4-208

Amended effective March 7, 1979 (Supp. 79-2). Former Section R12-4-40 renumbered as Section R12-4-208 without change effective August 13, 1981 (Supp. 81-4). Former rule repealed, new Section R12-4-208 adopted effective December 22, 1989 (Supp. 89-4). Amended effective January 1, 1995; filed in the Office of the Secretary of State December 9, 1994 (Supp. 94-4). Section repealed; new Section adopted by final rulemaking at 6 A.A.R. 211, effective January 1, 2000 (Supp. 99-4). Amended by final rulemaking at 12 A.A.R. 212, effective March 11, 2006 (Supp. 06-1). Amended by final rulemaking at 20 A.A.R. 3045, effective 1/3/2015. Amended by final rulemaking at 26 A.A.R. 3229, effective 7/1/2021.