SECTIONS 2535-2546 - California Statutes

FISH AND GAME CODE

SECTION 2535-2546

2535. As used in this chapter, "guide" means any person who is
engaged in the business of packing or guiding, or who, for a fee,
assists another person in taking or attempting to take any bird,
mammal, fish, amphibian, or reptile. "Guide" also includes any person
who, for profit, transports other persons, their equipment, or both
to or from a hunting or fishing area.

2536. (a) It is unlawful for any person to engage in the business
of guiding or packing, or to act as a guide for any consideration or
compensation whatever, without first having secured a guide license
from the department.
(b) An employee of a licensee who acts as a guide only in
connection with, and within the scope of, his or her employment is
exempt from the requirement of subdivision (a) if all of the
following conditions are met:
(1) If the employment is subject to and the person is reported to
the carrier of the employer's workers' compensation insurance.
(2) If the person is subject and reported to the state and federal
taxing authorities for withholding of income tax.
(3) If the person is reported to the department, on forms provided
by the department, as an employee of the guide prior to any contact
with any person being guided, and a registration fee has been paid.
The base fee for an employee guide registration for the 2004 license
year shall be thirty-three dollars ($33), which shall be adjusted
annually thereafter pursuant to Section 713.
(c) A person who is licensed in another state to provide guide
services for the purposes of fishing is exempt from the requirements
of subdivision (a) if all of the following conditions are met:
(1) The state in which the person is licensed grants a similar
exemption to licensed guides who are residents of this state.
(2) Evidence of a valid guide license is provided to the
department upon request.
(3) The person is engaged in the business of guiding only in
conjunction with and during the term of a multistate fishing
tournament approved by the appropriate agency in each of the affected
states.
(4) The tournament sponsor provides to the department any
information or documents necessary to administer and enforce this
paragraph, as determined by the department, including, but not
limited to, the identities of all guides participating in the
tournament, verification of another state's license exemption, and
information sufficient to determine the validity of another state's
guide licenses.
(5) The tournament sponsor pays the department an amount,
determined by the department, to be sufficient to cover the
department's cost to administer and enforce this subdivision.
(6) The net proceeds of the tournament are used for resource
management projects or habitat improvement projects, or both.

2537. A person operating under a commercial passenger fishing boat
license issued pursuant to Section 7920 is not required to obtain a
guide license.

2538. An application for a guide license shall be on a form
furnished by the department on request. The application shall show
all of the following:
(a) The name, date of birth, physical description, age, address,
and telephone number, if any, of the applicant.
(b) The area or areas of the state in which the applicant proposes
to operate.
(c) The type of guiding or packing in which the applicant proposes
to engage.
(d) The experience which qualifies the applicant for the type of
guiding or packing he or she proposes to conduct.
(e) The type and amount of the equipment, vehicles, animals, and
other property the applicant proposes to use in his or her
operations.
(f) Any other information that the department or the commission
may require.

2539. If the licensee operates with pack or riding animals in any
area in which a grazing permit is required, the license is not valid
unless the holder thereof has a valid grazing permit for the area. A
licensee shall not guide clients on any lands under the jurisdiction
of the United States Department of the Interior or Department of
Agriculture where permits are required without first obtaining the
permit from that federal agency.

2540. (a) The base fee for a guide license issued to a resident is
one hundred fifty dollars ($150).
(b) The base fee for a guide license issued to a nonresident is
three hundred fifty dollars ($350).
(c) A guide license is valid for the license year beginning on
February 1 and ending on January 31 of the succeeding year or, if
issued after the beginning of the license year, for the remainder of
that license year.
(d) The base fees specified in this section are applicable to the
2004 license year, and shall be adjusted annually thereafter pursuant
to Section 713.

2541. Each applicant for a guide license shall submit proof of
having obtained a surety bond in the amount of not less than one
thousand dollars ($1,000) which shall insure faithful performance of
the guide and his or her agents or employees in fulfilling their
responsibilities to their clients. No guide license shall be issued
to any applicant who does not submit proof of having a bond which is
valid for the term of the license.

2542. The commission shall adopt regulations governing the conduct
and qualifications of guides to ensure the safety and welfare of
persons engaging the services of a guide, and may adopt regulations
governing the procedures for applications for guide licenses. The
qualifications shall include, but not be limited to, knowledge of
basic first aid and rescue operations.

2543. The commission may require licensed guides to maintain and
submit records of their operations. The records may be examined at
any time by representatives of the department. It is unlawful for any
licensed guide to fail to maintain or submit any required records or
to refuse to allow the examination of the records upon the request
of a department representative.

2544. The department may refuse to issue a guide license to an
applicant upon a showing of any of the following:
(a) The applicant has failed to fulfill his responsibilities to a
client.
(b) The applicant has violated this code or any regulation adopted
pursuant thereto, or has knowingly permitted a client or another
member of a party being guided to violate this code or any regulation
adopted pursuant thereto and the applicant had the authority and
means to prevent the violation.

2545. An applicant denied a guide license by the department may
request a hearing before the commission and the commission shall
determine whether or not the license shall be issued.

2546. The commission may revoke a guide license or the privilege to
guide upon a showing of any of the following:
(a) The licensee has been convicted of a violation of this code or
any regulation adopted pursuant thereto.
(b) The licensee has knowingly permitted a client or other member
of the party being guided to violate this code or any regulation
adopted pursuant thereto and that the licensee had the authority and
means to prevent the violation.
(c) The licensee has failed to fulfill his or her responsibilities
to a client.