FYI proposed laws for DE Guides that guide in Maryland.

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FYI proposed laws for DE Guides that guide in Maryland.

Postby HatterWayne » Thu Feb 03, 2005 1:09 pm

New PROPOSED Maryland Waterfowl Guide / Outfitters Laws

Part 1 of 3

Title 08
DEPARTMENT OF
NATURAL RESOURCES
Subtitle 03 WILDLIFE
Notice of Proposed Action
[05-023-P]

The Secretary of Natural Resources proposes to:
(1) Repeal Regulation .08 under COMAR 08.03.10 General Wildlife Hunting Regulations; and
(2) Adopt new Regulations .01—.06 under a new chapter, COMAR 08.03.14 Waterfowl Outfitting and Guiding.

Statement of Purpose
The purpose of this action is to establish application procedures, qualifications, record-keeping requirements, and certain restrictions for licensing waterfowl outfitters and waterfowl hunting guides. The 2004 General Assembly adopted House Bill 492 (Ch. 180, Acts of 2004), which significantly revised the law (Natural Resources Article, §10-309, Annotated Code of Maryland) governing the guiding of waterfowl hunters. The new law takes effect February 1, 2005.
In the mid-1980s and early 1990s, the Atlantic Population of Canada geese declined dramatically due to a combination of over-harvest and poor gosling production. The rapid and largely unregulated increase in commercial goose hunting is also widely accepted as playing a role in the goose decline. Ch. 180, Acts of 2004, and these regulations address these problems by establishing minimum qualifications and increasing the accountability of both waterfowl outfitters and waterfowl hunting guides.

Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact
I. Summary of Economic Impact. The fees for both waterfowl outfitters and waterfowl hunting guides are set in statue and simply repeated in this chapter. Costs associated with this chapter would relate to its administration by the Department and compliance by the regulated population.
II. Types ofEconomic Impact. Revenue(R+/R–)Expenditure(E+/E–) Magnitude
A. On issuing agency: (E+) Minimal
B. On other State agencies: NONE
C. On local governments: NONE
Benefit (+) Cost (–) Magnitude
D. On regulated industries or trade groups: (–) Minimal
E. On other industries or trade groups: NONE
F. Direct and indirect effects on public: NONE
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. A permits coordinator currently handles the master hunting guide licenses in addition to several other types of permits. Some increased administrative time will be necessary to ensure compliance with these regulations.
D. The fundamental licensing requirement and fee are established in statute. These regulations provide additional specifics as to the licensing process and requirements. There will be a minimal impact to waterfowl outfitters and waterfowl hunting guides to comply with these requirements. Persons licensed as master hunting guides already comply with most of the provisions. Some current administrative burdens are removed by the proposed regulations, such as submitting a notarized affidavit as part of the application and mailing the Department monthly reports.

Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment
Comments may be sent to Mark L. Hoffman, Associate Director, Administration, Wildlife and Heritage Service, E-1, 580 Taylor Avenue, Tawes State Office Building, Annapolis, Maryland, 21401, or call (410) 260-8449, or fax to (410) 260-8596, or email to mhoffman@dnr.state.md.us. These comments must be received by February 21, 2005. No public hearing has been scheduled.

08.03.14 Waterfowl Outfitting and Guiding
Authority: Ch. 180, Acts of 2004,
Annotated Code of Maryland

.01 Definitions.
A. In this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) “Convicted” or “conviction” means:
(a) To have been found guilty in a court of law; or
(b) To have forfeited collateral.
(2) “Hunter” means a person who attempts to pursue, kill, shoot, or in any manner reduce to personal possession, any wild waterfowl.
(3) “Hunting club” means a group of individuals who pay dues or other compensation to hunt wild waterfowl.
(4) “Master hunting guide” means a person who was licensed as a master hunting guide by the Service before January 1, 2005.
(5) “Outfitting” means, for compensation, providing hunters with:
(a) Access to a hunting area;
(b) Hunting equipment, including but not limited to, a blind, a boat, and decoys; and
(c) A licensed waterfowl hunting guide who provides personal guiding services.
(6) “Personal guiding services” means:
(a) Accompanying hunters while in the field; and
(b) Performing any of the following activities:
(i) Calling wild waterfowl;
(ii) Directing the times and zones of shooting by hunters;
(iii) Directing the species and number of wild waterfowl taken by hunters;
(iv) Dispatching wounded wild waterfowl; and
(v) Retrieving downed wild waterfowl.
(7) “Waterfowl hunting guide” means an individual who:
(a) Is an employee of a waterfowl outfitter; and
(b) Furnishes personal guiding services.
(8) “Waterfowl outfitter” means an individual who receives monetary compensation for the outfitting of hunters to hunt wild waterfowl.

.02 Licenses.
A. Licenses Required.
(1) An individual shall be licensed by the Service as a waterfowl outfitter before the individual may outfit a hunter to hunt wild waterfowl for monetary consideration including:
(a) Direct monetary consideration from hunters for daily or multi-day hunts; or
(b) Indirect monetary consideration from the dues or membership payments of hunting club members.
(2) An individual must be licensed by the Service as a waterfowl hunting guide before the individual may provide personal guiding services for which a waterfowl outfitter receives monetary consideration as described in §A(1) of this regulation.
(3) A waterfowl outfitter may not employ or provide an unlicensed waterfowl hunting guide for the purpose of providing personal guiding services.
B. Application.
(1) To apply for a waterfowl outfitter license or a waterfowl hunting guide license, an applicant shall submit the following information:
(a) A completed application including the applicant's:
(i) Full name;
(ii) Address of residence;
(iii) Address of business;
(iv) Social security number;
(v) Driver's license number and state of issuance;
(vi) Birth date; and
(vii) Telephone number;
(b) A copy of a current Maryland hunting license; and
(c) An application fee of:
(i) $300 for a waterfowl outfitter license; or
(ii) $50 for a waterfowl hunting guide license.
(2) An applicant for a waterfowl outfitter license shall include with the application a statement documenting the applicant's qualifications in meeting the requirements of Regulation .03B(3) of this chapter. An applicant using the provisions of Regulation .03B(3)(b) of this chapter to qualify for a waterfowl outfitter license shall provide a statement documenting the applicant's waterfowl hunting guide experience signed by a person who was previously licensed as a master hunting guide or a waterfowl outfitter, by whom the applicant was employed.
(3) Permit applications may be obtained from the Wildlife and Heritage Service, Tawes State Office Building, 580 Taylor Ave., E-1, Annapolis, Maryland, 21401, or by calling 410-260-8540, or online at www.dnr.state.md.us .
(4) Completed applications shall be mailed or delivered to: Permits Coordinator, Wildlife and Heritage Service, Tawes State Office Building, 580 Taylor Ave., E-1, Annapolis, Maryland, 21401.
C. Duration. Waterfowl outfitter and waterfowl hunting guide licenses are valid from August 1 to July 31.

.03 Qualifications for Waterfowl Outfitter License.
A. The Service may not issue a waterfowl outfitter license if the applicant does not meet the qualifications of this regulation.
B. A waterfowl outfitter licensee shall meet the following qualifications:
(1) Be 18 years old or older;
(2) Possess a valid Maryland hunting license; and
(3) Have one of following sources of experience:
(a) Previously licensed by the Service as a master hunting guide; or
(b) At least 20 days of experience per season for two seasons:
(i) As a licensed waterfowl hunting guide; or
(ii) Performing the duties of a waterfowl hunting guide for a master hunting guide.
C. The Service shall review each license application to determine if, within the prior 3 year period, the applicant has been convicted of any state or federal migratory game bird laws or regulations pertaining to:
(1) Hunting with the aid of bait;
(2) Exceeding the daily bag limit;
(3) Hunting with the aid of live decoys;
(4) Violation of shooting hours;
(5) Hunting during a closed season; or
(6) Waterfowl outfitting and guiding.
D. If, upon the review specified in §C of this regulation, the Service determines that the applicant has two or more convictions that arise out of a separate set of circumstances, the applicant shall be denied issuance of a license for a period of 1 year. The period of denial shall begin on August 1 following the date the applicant is convicted for the second violation. Following the 1-year period of denial, the applicant shall serve a 3-year probationary period during which any additional conviction for violating the laws or regulations listed in §A of this regulation shall result in an additional 1 year period of denial, starting on August 1, following the date of conviction. The applicant shall remain on probation until there are no convictions for violating the laws or regulations listed in §A of this regulation for a period of 3 years.
E. A waterfowl outfitter license may not be issued if the applicant has been convicted at any time of fraud, deception, or material misrepresentation in procuring any previous master hunting guide, waterfowl outfitter, waterfowl hunting guide, or hunting license.
F. If an application for a waterfowl outfitter license is denied, the Service shall send the applicant a notice of the grounds upon which the denial is based. An individual who has received a notice that the Service has denied or refused an individual's application may file, within 15 days after the notice was mailed, a letter to the Director of the Service requesting a formal hearing. Upon receipt of the letter, the Service shall schedule a hearing before the Office of Administrative Hearings in accordance with the procedures of Maryland Administrative Procedures Act.

.04 Qualifications for Waterfowl Hunting Guide License.
A. The Service may not issue waterfowl hunting guide license if the applicant does not meet the qualifications of this regulation.
B. A waterfowl hunting guide licensee shall meet the following qualifications:
(1) Be 16 years old or older; and
(2) Possess a valid Maryland hunting license.
C. The Service shall review each license application to determine if, within the prior 3 year period, the applicant has been convicted of any state or federal migratory game bird laws or regulations pertaining to:
(1) Hunting with the aid of bait;
(2) Exceeding the daily bag limit;
(3) Hunting with the aid of live decoys;
(4) Violation of shooting hours;
(5) Hunting during a closed season; or
(6) Waterfowl outfitting and guiding.
D. If, upon the review specified in §C of this regulation, the Service determines that the applicant has two or more convictions that arise out of a separate set of circumstances, the applicant shall be denied issuance of a license for a period of 1 year. The period of denial begins on August 1 following the date the applicant is convicted for the second violation. Following the 1-year period of denial, the applicant shall serve a 3-year probationary period during which any additional conviction for violating the laws or regulations listed in §A of this regulation shall result in an additional 1-year period of denial, starting on August 1, following the date of conviction. The applicant shall remain on probation until there are no convictions for violating the laws or regulations listed in §A of this regulation for a period of 3 years.
E. A waterfowl hunting guide license may not be issued if the applicant has been convicted at any time of fraud, deception, or material misrepresentation in procuring any previous master hunting guide, waterfowl outfitter, waterfowl hunting guide, or hunting license.
F. If an application for a waterfowl hunting guide license is denied, the Service shall notify the applicant of the grounds upon which the denial is based. An individual who has received a notice that the Service has denied or refused an individual's application may file, within 15 days after the notice was mailed, a letter to the Director of the Service requesting a formal hearing. Upon receipt of the letter, the Service shall schedule a hearing before the Office of Administrative Hearings in accordance with the procedures of the Maryland Administrative Procedures Act.

.05 Restrictions On Waterfowl Hunting Guides While Guiding.
A. A waterfowl hunting guide may not provide personal guiding services in either the offshore waterfowl or sea duck hunting zones unless the licensee possesses a valid U.S. Coast Guard Captain's or master's license.
B. A waterfowl hunting guide may only take or possess one Canada goose per hunting party while providing personal guiding services during the prescribed Atlantic Population (AP) Canada goose hunting season within the AP Goose Zone as defined in 50 CFR Part 20, subject to the daily bag limits established by federal rule.
C. A waterfowl hunting guide shall possess a valid Maryland hunting license while guiding waterfowl hunters.

.06 Record-keeping Requirements.
A. A licensed waterfowl outfitter or waterfowl hunting guide shall maintain accurate and complete records as provided in this regulation.
B. The waterfowl outfitter shall maintain a log provided by the Service that contains the following information for each waterfowl hunting guide the waterfowl outfitter employs:
(1) Full name;
(2) Waterfowl hunting guide license number;
(3) Address of residence;
(4) Driver's license number;
(5) Birth date; and
(6) Telephone number.
C. The waterfowl outfitter shall maintain a log provided by the Service updated within 7 days following the comple tion of a hunting day that contains the following information for each hunter:
(1) Full name;
(2) Address of residence;
(3) Valid hunting license number;
(4) Dates hunted;
(5) Numbers and species of wild waterfowl that were killed daily; and
(6) Name and waterfowl hunting guide license number of the accompanying waterfowl hunting guide.
D. The waterfowl outfitter shall make the completed log available for inspection by any law enforcement officer upon request during all reasonable hours.
E. The waterfowl outfitter shall retain all logs for 3 years.
F. The waterfowl hunting guide shall maintain a field record updated within 24 hours following the completion of a hunting day that contains the following information for each hunter:
(1) Full name;
(2) Address of residence;
(3) Valid hunting license number;
(4) Date;
(5) Number and species of wild waterfowl that were killed by each hunter;
(6) Name and waterfowl hunting guide license number of the accompanying waterfowl hunting guide.
G. The waterfowl outfitter or waterfowl hunting guide shall make the completed field records available for inspection by any law enforcement officer upon request during all reasonable hours.
H. The waterfowl hunting guide may use a field record form provided by the Service or incorporate the required information into forms provided by the waterfowl outfitter.
I. The waterfowl hunting guide's field record shall be retained until the information is recorded in the waterfowl outfitter's log.

C. RONALD FRANKS
Secretary of Natural Resources


NOTE:

Remember, this is a proposal.

Alot of the questions are about "clubs". If a group of people lease land, etc., and hunt, they do not need to be licensed. However, for example, if a group of people all pay person X $2000 a year to be a club member, and person X leases the land, arranges guides, supplies decoys, etc., than person X would need to be licensed as an outfitter. This is one of the loudest complaints we heard from the outfitter community, that a lot of people where getting around the current requirements by being a "club" when if fact they were really operating a closet guiding services. The outfitters would like a level playing-field, which is certainly a reasonable request, and why we made this change.
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HatterWayne
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