Commerce

Professional Licensing

Rule 79: Hunting Guides and Outfitters Registration Act Rule

Effective Date:

Admin. Code Reference: R156-79

Rule Type:

NOTICE OF SUBSTANTIVE CHANGE

TYPE OF FILING: Repeal

Filing ID: 57966

Rule or section number:

R156-79

1. Agency Information

Title catchline:

Commerce, Professional Licensing

Building:

Heber M. Wells Building

Street address:

160 E 300 S

City, state:

Salt Lake City, UT 84111

Mailing address:

PO Box 146741

City, state and zip:

Salt Lake City, UT 84114-6741

2. Contact Persons

Name:

Phone:

Email:

Matthew Johnson

801-503-6628

mmjohnson@utah.gov

Please address questions regarding information on this notice to the persons listed above.

3. General Information

A. Rule or section catchline:

R156-79. Hunting Guides and Outfitters Registration Act Rule

B. Purpose of the new rule or reason for the change:

The legislature has repealed the underlying statute this rule interprets. The Division of Professional Licensing (Division) no longer regulates hunting guides and outfitters.

C. Summary of the new rule or change:

SB 149 (2025 General Session) repeals Title 58, Chapter 79. Because of this repeal, the existing rule no longer has a statutory basis and must be repealed in its entirety.

4. Legislative Action Information

A. Are any changes in this filing because of state legislative action?

Changes are because of legislative action.

B. If yes, any bill number and session:

SB 149 (2025 General Session)

5. Fiscal Information

Provide an estimate and written explanation of the aggregate anticipated cost or savings to:

A. State budget:

The repeal of Title 58, Chapter 79, removed the statutory basis of this rule rendering it unenforceable.

The Division believes repealing this unenforceable rule will not result in costs or savings to the state budget.

B. Local governments:

The repeal of Title 58, Chapter 79, removed the statutory basis of this rule rendering it unenforceable.

The Division believes repealing this unenforceable rule will not result in costs or savings to local governments.

C. Small businesses ("small business" means a business employing 1-49 persons):

The repeal of Title 58, Chapter 79, removed the statutory basis of this rule rendering it unenforceable.

The Division believes repealing this unenforceable rule will not result in costs or savings to small businesses.

D. Non-small businesses ("non-small business" means a business employing 50 or more persons):

The repeal of Title 58, Chapter 79, removed the statutory basis of this rule rendering it unenforceable.

The Division believes repealing this unenforceable rule will not result in costs or savings to non-small businesses.

E. Persons other than small businesses, non-small businesses, state, or local government entities ("person" means any individual, partnership, corporation, association, governmental entity, or public or private organization of any character other than an agency):

The repeal of Title 58, Chapter 79, removed the statutory basis of this rule rendering it unenforceable.

The Division believes repealing this unenforceable rule will not result in costs or savings to persons other than small businesses, non-small businesses, state, or local government entities.

F. Compliance costs for affected persons:

The repeal of Title 58, Chapter 79, removed the statutory basis of this rule rendering it unenforceable.

The Division cannot identify any affected persons and does know of any compliance costs triggered by the repeal of this rule.

6. Regulatory Impact Summary Table

Enter the cost or savings in the relevant cell. If there is no cost or savings, enter, "$0." If a cost or savings is inestimable, enter, "inestimable."

Fiscal Cost

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Cost

Fiscal Benefits

FY2027

FY2028

FY2029

FY2030

FY2031

State Budget

Local Governments

Small Businesses

Non-Small Businesses

Other Persons

Total Fiscal Benefits

Net Fiscal Benefits

7. Regulatory Impact Analysis Approval

The Commissioner of the Department of Commerce, Margaret Busse, has reviewed and approved this regulatory impact analysis.

8. Family Impact Information

A. The agency has considered this rule's impact on family health, stability, and formation:

☒

9. Citation Information

Provide citations to the statutory authority for the rule. If there is also a federal requirement for the rule, provide a citation to that requirement:

Section 58-79-101

Subsection 58-1-106(1)(a)

Subsection 58-1-202(1)(a)

11. Public Notice Information

The public may submit written or oral comments to the agency identified in box 1.

A. Comments will be accepted until:

07/01/2026

12. Effective Date Information

This rule change MAY become effective on:

(NOTE: This is the date the agency anticipates making the filing effective. It is NOT the effective date)

07/08/2026

13. Agency Authorization Information

Agency head or

designee and title:

Adam Watson, Assistant Division

Director

Date:

04/13/2026

R156. Commerce, Occupational and Professional Licensing.

[R156-79. Hunting Guides and Outfitters Registration Act Rule.

R156-79-101. Title.

This rule is known as the "Hunting Guides and Outfitters Registration Act Rule".

R156-79-102. Definitions.

In addition to the definitions in Sections 58-1-102 and 58-79-102, that apply to this rule:

(1) "Client" means an individual who engages the professional services of a registered outfitter.

(2) "Packing" means transporting for hire or compensation hunters, game animals, or equipment in the field.

(3) "Protecting" means the hunting guide or outfitter protects any clientele.

(4) "Unprofessional conduct" as defined in Title 58, Chapters 1 and 79, is further defined, in accordance with Subsection 58-1-203(1)(e),

in Section R156-79-502.

R156-79-103. Authority - Purpose.

This rule is adopted by the Division under the authority of Subsection 58-1-106(1)(a) to enable the Division to administer Title 58, Chapter

79.

R156-79-104. Organization - Relationship to Rule R156-1.

The organization of this rule and its relationship to Section R156-1 is as described in Section R156-1-107.

R156-79-302. Qualifications for Registration - Application Requirements.

In accordance with Subsection 58-1-301(3) and Section 58-79-302, an application for registration as a hunting guide or outfitter shall be

accompanied by a current liability insurance policy protecting against injury or damage as a result of negligence by the registrant, which has at least

the following minimum limits of coverage:

(1) $25,000 for property damage;

(2) $100,000 for bodily injury or death of one individual in a single accident; and

(3) $300,000 for bodily injury or death to all individuals in a single accident.

R156-79-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to registrants under Title 58,

Chapter 79 is established by rule in Section R156-1-308a.

(2) Renewal procedures shall be in accordance with Sections R156-1-308b through R156-1-308l.

R156-79-502. Unprofessional Conduct.

"Unprofessional conduct" includes:

(1) engaging in fraud in advertising when soliciting hunting guide or outfitter services to the public;

(2) intentionally obstructing, hindering, or attempting to obstruct or hinder lawful hunting by a person who is not a client or an employee

of the registrant;

(3) failing to report to the Division within 20 days any violation of a state or federal wildlife, big game, or guiding statute by a client or by

an employee of the registrant;

(4) materially breaching a contract with a person using the hunting guide or outfitting services of the registrant;

(5) failing to provide any animal used in the conduct of business with proper food or drink, or otherwise subjecting any animal used in the

conduct of business to abuse or cruel and inhumane treatment;

(6) failing to allow the Division or its agents access at any time to inspect hunting camps, whether or not the registrant is present;

(7) failing to provide a hunting guide for every two hunters in wilderness areas and for up to six hunters in any other areas of the state;

(8) failing to maintain a neat, orderly, and sanitary camp by not disposing of garbage, debris, or human waste appropriately;

(9) failing to provide clean drinking water or failing to protect food from contamination;

(10) failing to separate livestock facilities and camp facilities, or to protect streams from contamination;

(11) failing to report any serious injury or fatality of a client or outfitter staff to a federal, state, county, or local law enforcement authority;

(12) failing to comply with state or federal laws and rules regarding hunting guides and outfitters;

(13) failing to comply with state or federal wildlife laws and rules;

(14) failing to adequately maintain general liability insurance coverage as required by the United States Forest Service or the Bureau of

Land Management;

(15) providing outfitter services to a person who is not properly licensed to hunt for the species sought by that person; and

(16) failing to conform to the generally accepted and recognized standards and ethics of the profession.

KEY: licensing, hunting guides, outfitters

Date of Last Change: September 8, 2020

Notice of Continuation: June 3, 2024

Authorizing, and Implemented or Interpreted Law: 58-79-101; 58-1-106(1)(a); 58-1-202(1)(a)]

!--dar--