]R657-72-3. Application Requirements and Approval.
(1) An applicant must obtain a certificate of registration from the division to provide guiding[,] or outfitting[, or spotting] services and to be compensated as a guide[,] or outfitter[, or spotter]. (2) An application to operate as an outfitter must contain:
(a) the name of the applicant, and if the applicant is an entity, proof of registration with Utah Business Entities, Department of Commerce;
(b) a brief description of the services that will be provided;
(c) proof of possession of a hunting, fishing, or combination license relevant to services being provided[;], or if the outfitter is an entity, have at least one individual designated by the outfitter hold the appropriate license; (d) all necessary federal permits to operate on federal land;
(e) attestation that workers' compensation insurance and commercial liability insurance to cover employees and clients has been obtained; and
(f) payment of the fee described in Section 23A-4-1202.
(3)(a) Guides [and spotters ]must obtain a certificate of registration for each outfitter they intend to work for. (b) An affiliate code to provide guide [or spotter ]services with a particular outfitter can be obtained from the outfitter. (c) To operate as a guide [or spotter, ]the applicant must acquire a guide[ or spotter] certificate of registration from the division using the affiliate code obtained from each outfitter the guide [or spotter ]intends to work for. (d) An applicant for guide must pay the annual fee described in Subsection 23A-4-1202(4) one time for each guide year, regardless of the number of outfitters the guide intends to work for.
[(e) An applicant for spotter must pay the annual fee described in Subsection 23A-4-1202(6) one time for each guide year, regardless of the number of outfitters or guides the spotter intends to work for. ](4) In reviewing an application, the division shall consider:
(a) the completeness and accuracy of the application;
(b) any conviction of, a plea of no contest to, or a plea held in abeyance of Title 23A, the Wildlife Resources Act;
(c) any license suspension action that has been reciprocated pursuant to the Interstate Wildlife Violators Compact; and
(d) any conviction of, a plea of no contest to, or a plea held in abeyance to a crime of moral turpitude by the applicant or an applicant's employees, that when considered with the functions and responsibilities of a guide[,] or outfitter[, or spotter] bears a reasonable relationship to the applicant's ability to responsibly operate as a guide[,] or outfitter[, or spotter]. (6) A denial of an application for a certificate of registration is a final agency action and the applicant may appeal the denial by filing a Request for Agency Action with the division under Rule R657-2 Adjudicative Proceedings.
(7) Certificates of registration approved by the division will expire at the end of the guide year, on March 31, annually. R657-72-4. Application Renewal.
(1) Certificates of registration to operate as a guide[,] or outfitter[, or spotter] must be renewed annually. (2) If an applicant has obtained a certificate of registration to operate as an outfitter[,] or guide,[ or spotter] during a guide year, they must submit an application for renewal to obtain a certificate of registration for the following guide year. (3) An application for renewal must contain:
(a)(i) verification of no change in the original application; or
(ii) any necessary amendments to the documents submitted in the original application; and
(b) an accounting of:
(i) clients hired and employees compensated by that client to ensure compliance with Subsection 23A-4-1204(2)(d); and
(ii) if an outfitter, a list of the guides [and spotters ]retained[; or (iii) if a guide, a list of the spotters retained.]. (4) payment of the fee described in Section 23A-4-1202.
(5) Failure to provide all documentation and payment under this subsection shall result in the application being denied as incomplete.
R657-72-5. Field Requirements.
(1) Pursuant to Section 23A-4-1204:
(a) no more than two registered outfitters[,] or guides[, or spotters] may be assigned to a client at any given time while hunting protected wildlife; and (b) no more than three registered outfitters[,] or guides[, or spotters] may be assigned to a client at any given time while hunting [moose, bison, bighorn sheep,]a big game once-in-a-lifetime or [mountain goat.]big game limited entry hunt. (c) The limitations of Subsection (1) do not apply to an individual compensated by an outfitter to perform tasks that are not associated with hunting of protected wildlife on public land, including an individual who: (i) does not provide guide services or outfitting services; or (ii) assists after the protected wildlife is tagged in accordance with Section 23A-4-709. (2) Outfitters[,] and guides[, and spotters] must be able to produce, in the field, documentation of: (a) the client; and
(b) the dates providing services to that client.
(3) Outfitters[,] and guides[, and spotters] shall retain the records in Subsection (2) for at least two years. R657-72-6. Prohibited Activities.
In addition to those violations listed in Section 23A-4-1203, an outfitter[,] or guide[, or spotter] may not: (1) intentionally obstruct, hinder, interfere, or attempt to obstruct, hinder or interfere with lawful hunting, fishing, or trapping by a person who is not a client or an employee of the outfitter[,] or guide[, or spotter]; (2) fail to report to the division within 20 days any violation of [a ]state or federal wildlife[,] regulations, or guiding statute by a client or by an employee of the outfitter[,] or guide[, or spotter]; (3) fail to report any serious injury or fatality of a client or outfitter staff to a federal, state, county, or local law enforcement authority;
(4) fail to comply with state or federal wildlife laws and rules;
