Title 301 | Chapter 002 | Regulation 030
SUPERSEDED
This document is no longer current.
301 KAR 2:030.Commercial guide license.
Section 1.
Definitions.(1)
"Commercial guide" means a person who advertises, or offers services for remuneration, to aid others in taking wildlife, excluding classroom instruction or seminars.(2)
"Fishing guide helper" means a person who assists a commercial guide and is in the same boat or is directly alongside of the commercial guide if standing on a stream or river bank and while guiding others in the taking of fish.Section 2.
Commercial Guide License Requirements and Application.(1)
A person shall possess a valid Kentucky commercial guide license in order to commercially guide others in the taking of wildlife.(2)
A commercial guide license shall be valid from March 1 through the last day of February.(3)
An applicant for a commercial guide license shall:(a)
Be eighteen (18) years of age or older;(b)
Have not been convicted of any state or federal fish or wildlife violation during the previous three (3) years;(c)
Have not been convicted of a felony;(d)
Possess a valid fishing license and trout permit if applicable; and(e)
Possess a valid hunting license and all applicable game permits.(4)
An elk permit shall not be required to be purchased by a commercial guide in order to guide clients in the taking of elk.(5)
Except as established in subsection (6) of this section, in order to obtain a commercial guide license, a person shall submit to the department:(a)
A completed Commercial Guide License Application Form to the Director's Office, Division of Law Enforcement, #1 Sportsman's Lane, Frankfort, Kentucky 40601;(b)
A Law Information Network of Kentucky National Crime Information Center (LINK/NCIC) background check obtained through the Kentucky State Police;(c)
Proof of a valid and current certification in:1.
Cardiopulmonary resuscitation (CPR); and2.
First aid;(d)
Proof of completion of a boater education course upon applying for a commercial guide license for fishing in a boat; and(e)
Proof of completion of a hunter education course upon 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.(6)
A commercial guide applicant who possesses a valid United States Coast Guard Captain's License, or 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 in lieu of the CPR and first aid requirements, as established in subsection (5)(c) of this section, upon applying for a commercial guide license.(7)
While guiding, a commercial guide shall have in possession all required licenses and permits.(8)
While guiding on private land, a commercial guide shall provide at the request of a conservation officer a name and phone number of the person granting the guide permission to be on the property.(9)
A commercial guide shall not facilitate, promote, or assist a client in the violation of any state or federal fish and wildlife law or regulation.Section 3.
Guide Helper.(1)
A commercial fishing guide may utilize fishing guide helpers.(2)
A fishing guide helper shall have in possession while assisting a commercial guide a valid Kentucky fishing license and applicable permits.(3)
A commercial fishing guide 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 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)
The department shall permanently revoke the commercial guide license of a person convicted of a felony.(4)
An individual whose commercial guide license has been denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B within fifteen (15) days of receipt of the notice of revocation or denial.Section 5.
Incorporation by Reference.(1)
"Commercial Guide License Application Form", 2019 edition, 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 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.HISTORY: (KFWR-G-71; 1 Ky.R. 64; eff. 11-13-1974; 35 Ky.R. 1000; 1451; eff. 1-5-2009; 42 Ky.R. 1602; 2058; eff. 2-5-2016; TAm. eff. 8-29-2016; 45 Ky.R. 3260; 46 Ky.R. 32; eff. 7-9-2019.)
301 KAR 2:030.Commercial guide license.
Section 1.
Definitions.(1)
"Commercial guide" means a person who advertises, or offers services for remuneration, to aid others in taking wildlife, excluding classroom instruction or seminars.(2)
"Fishing guide helper" means a person who assists a commercial guide and is in the same boat or is directly alongside of the commercial guide if standing on a stream or river bank and while guiding others in the taking of fish.Section 2.
Commercial Guide License Requirements and Application.(1)
A person shall possess a valid Kentucky commercial guide license in order to commercially guide others in the taking of wildlife.(2)
A commercial guide license shall be valid from March 1 through the last day of February.(3)
An applicant for a commercial guide license shall:(a)
Be eighteen (18) years of age or older;(b)
Have not been convicted of any state or federal fish or wildlife violation during the previous three (3) years;(c)
Have not been convicted of a felony;(d)
Possess a valid fishing license and trout permit if applicable; and(e)
Possess a valid hunting license and all applicable game permits.(4)
An elk permit shall not be required to be purchased by a commercial guide in order to guide clients in the taking of elk.(5)
Except as established in subsection (6) of this section, in order to obtain a commercial guide license, a person shall submit to the department:(a)
A completed Commercial Guide License Application Form to the Director's Office, Division of Law Enforcement, #1 Sportsman's Lane, Frankfort, Kentucky 40601;(b)
A Law Information Network of Kentucky National Crime Information Center (LINK/NCIC) background check obtained through the Kentucky State Police;(c)
Proof of a valid and current certification in:1.
Cardiopulmonary resuscitation (CPR); and2.
First aid;(d)
Proof of completion of a boater education course upon applying for a commercial guide license for fishing in a boat; and(e)
Proof of completion of a hunter education course upon 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.(6)
A commercial guide applicant who possesses a valid United States Coast Guard Captain's License, or 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 in lieu of the CPR and first aid requirements, as established in subsection (5)(c) of this section, upon applying for a commercial guide license.(7)
While guiding, a commercial guide shall have in possession all required licenses and permits.(8)
While guiding on private land, a commercial guide shall provide at the request of a conservation officer a name and phone number of the person granting the guide permission to be on the property.(9)
A commercial guide shall not facilitate, promote, or assist a client in the violation of any state or federal fish and wildlife law or regulation.Section 3.
Guide Helper.(1)
A commercial fishing guide may utilize fishing guide helpers.(2)
A fishing guide helper shall have in possession while assisting a commercial guide a valid Kentucky fishing license and applicable permits.(3)
A commercial fishing guide 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 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)
The department shall permanently revoke the commercial guide license of a person convicted of a felony.(4)
An individual whose commercial guide license has been denied or revoked may request an administrative hearing pursuant to KRS Chapter 13B within fifteen (15) days of receipt of the notice of revocation or denial.Section 5.
Incorporation by Reference.(1)
"Commercial Guide License Application Form", 2019 edition, 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 Sportsman's Lane, Frankfort, Kentucky 40601, Monday through Friday, 8 a.m. to 4:30 p.m.HISTORY: (KFWR-G-71; 1 Ky.R. 64; eff. 11-13-1974; 35 Ky.R. 1000; 1451; eff. 1-5-2009; 42 Ky.R. 1602; 2058; eff. 2-5-2016; TAm. eff. 8-29-2016; 45 Ky.R. 3260; 46 Ky.R. 32; eff. 7-9-2019.)