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.
Chapter 5Hunting and Fishing Guides
Section § 2535
This law defines a 'guide' as anyone who is in the business of helping others hunt or fish for animals like birds, mammals, or fish, for a fee. It also includes those who make money by transporting people and their gear to and from hunting or fishing locations.
hunting guide definition fishing guide wildlife guide hunting assistance fee-based guiding transportation to hunting areas transportation to fishing areas hunting guide services fishing guide services wildlife guiding business commercial guiding guide for profit wildlife transport services hunting tour operator fishing tour operator
Section § 2536
This law makes it illegal for anyone to work as a paid guide or in the guiding business without getting a guide license first. However, if you're employed by someone who already has a guide license, you don't need a separate license if your employment includes proper workers' compensation, income tax reporting, and registration with a fee paid to the department.
If you're a licensed guide in another state for fishing, you might be exempt from needing a California license if that state offers the same exemption to California guides, you provide proof of your license, and are only guiding during a multistate fishing tournament. The tournament must be approved, the sponsor must give necessary information, cover enforcement costs, and use any net proceeds for habitat projects. Lastly, fees for guide registration are adjustable to cover administrative costs.
(a)CA Fish and Game Code § 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)CA Fish and Game Code § 2536(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)CA Fish and Game Code § 2536(b)(1) If the employment is subject to and the person is reported to the carrier of the employer’s workers’ compensation insurance.
(2)CA Fish and Game Code § 2536(b)(2) If the person is subject and reported to the state and federal taxing authorities for withholding of income tax.
(3)CA Fish and Game Code § 2536(b)(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)CA Fish and Game Code § 2536(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)CA Fish and Game Code § 2536(c)(1) The state in which the person is licensed grants a similar exemption to licensed guides who are residents of this state.
(2)CA Fish and Game Code § 2536(c)(2) Evidence of a valid guide license is provided to the department upon request.
(3)CA Fish and Game Code § 2536(c)(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)CA Fish and Game Code § 2536(c)(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)CA Fish and Game Code § 2536(c)(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)CA Fish and Game Code § 2536(c)(6) The net proceeds of the tournament are used for resource management projects or habitat improvement projects, or both.
(d)CA Fish and Game Code § 2536(d) The commission shall adjust the amount of the fees specified in paragraph (3) of subdivision (b), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
guide license fishing guides multistate fishing tournament workers' compensation income tax reporting dues registration tournament approval fee adjustment habitat improvement resource management interstate licensing tournament sponsor exemptions for guides department registration forms non-resident guide licenses
Section § 2537
If you have a commercial passenger fishing boat license, you don't need to get a separate guide license.
A person operating under a commercial passenger fishing boat license issued pursuant to Section 7920 is not required to obtain a guide license.
commercial passenger fishing boat license guide license exemption fishing boat operation fishing guide requirements California fishing regulations Section 7920 compliance passenger fishing services license requirements fishing industry regulations marine guide services boat operator licensing fishing charter license California fish and wildlife commercial fishing operations
Section § 2538
If you want to apply for a guide license in California, you'll need to fill out an application form provided by the department. The form requires you to provide your personal details like name, birth date, and contact information. You must also specify the areas in the state where you plan to offer your services, the type of guiding or packing you will do, and your relevant experience in this field. Additionally, you need to list the equipment, vehicles, animals, and other resources you'll use, along with any other details the department or commission requests.
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)CA Fish and Game Code § 2538(a) The name, date of birth, physical description, age, address, and telephone number, if any, of the applicant.
(b)CA Fish and Game Code § 2538(b) The area or areas of the state in which the applicant proposes to operate.
(c)CA Fish and Game Code § 2538(c) The type of guiding or packing in which the applicant proposes to engage.
(d)CA Fish and Game Code § 2538(d) The experience which qualifies the applicant for the type of guiding or packing he or she proposes to conduct.
(e)CA Fish and Game Code § 2538(e) The type and amount of the equipment, vehicles, animals, and other property the applicant proposes to use in his or her operations.
(f)CA Fish and Game Code § 2538(f) Any other information that the department or the commission may require.
guide license application personal details service areas guiding experience packing type equipment list vehicles animals resource plan commission requirements
Section § 2539
If you have a license to operate with pack or riding animals and are in a place that needs a grazing permit, your license isn't valid without that permit. You also can't guide clients on lands managed by the U.S. Department of the Interior or Agriculture without first getting the necessary permits from those federal agencies.
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.
pack animals riding animals grazing permit federal lands Department of the Interior Department of Agriculture federal agency permit guiding clients land use permits grazing permit requirement license validity federal jurisdiction lands permit compliance
Section § 2540
This law sets the fees for obtaining a guide license in the state. If you're a resident, it costs $150, while nonresidents pay $350. A guide license is valid from February 1 to January 31 of the next year. If you get it later, it's valid for the rest of the license year. These base fees started in 2004 and are adjusted yearly according to a specific method in Section 713. The fees are adjusted to cover the necessary costs but should not exceed these expenses.
(a)CA Fish and Game Code § 2540(a) The base fee for a guide license issued to a resident is one hundred fifty dollars ($150).
(b)CA Fish and Game Code § 2540(b) The base fee for a guide license issued to a nonresident is three hundred fifty dollars ($350).
(c)CA Fish and Game Code § 2540(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)CA Fish and Game Code § 2540(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.
(e)CA Fish and Game Code § 2540(e) The commission shall adjust the amount of the fees specified in subdivisions (a), (b), and (d), as necessary, to fully recover, but not exceed, all reasonable administrative and implementation costs of the department and the commission relating to those licenses.
guide license fees resident fee nonresident fee annual fee adjustment license validity license year administrative costs implementation costs Section 713 cost recovery fee adjustment California guide license hunting guide license fishing guide license outdoor guide licensing
Section § 2541
This law requires anyone applying for a guide license to show they have a surety bond of at least $1,000. The bond ensures that guides, and their agents or employees, will responsibly fulfill their duties to clients. A guide license won't be issued without this bond, which must be valid for the license's entire duration.
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), conditioned on faithful performance of the guide and the guide’s 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 that is valid for the term of the license.
guide license application surety bond requirement faithful performance guide responsibilities client obligations guide's agents employee responsibilities bond validity license term applicant requirements
Section § 2542
This law requires a commission to set rules for the qualifications and conduct of guides. These rules ensure the safety and well-being of people who use guides. The guide qualifications must include knowledge of basic first aid and rescue operations. The commission can also create rules about how people apply for guide licenses.
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.
guide qualifications safety regulations welfare of clients first aid knowledge rescue operations application procedures guide licenses commission authority standard regulations conduct guidelines public safety guiding services license requirements guide conduct operations knowledge
Section § 2543
This law allows the commission to make licensed guides keep records of their work and submit them when requested. Department representatives can check these records at any time. It’s illegal for guides to avoid keeping or submitting these records, or to refuse an inspection request from the department.
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.
licensed guides record-keeping submit records department representatives inspection request unlawful actions operational records guide compliance failure to maintain records guide operations mandatory record submission refusal of inspection commission requirements lawful examination department authority
Section § 2544
This section explains when the department can refuse to issue a guide license to someone. If an applicant hasn't met their responsibilities to a client, or if they've broken any rules or let their clients break rules (when they could have stopped them), the department can say no to their license application.
The department may refuse to issue a guide license to an applicant upon a showing of any of the following:
(a)CA Fish and Game Code § 2544(a) The applicant has failed to fulfill his responsibilities to a client.
(b)CA Fish and Game Code § 2544(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.
guide license license refusal applicant responsibility client obligations violating regulations preventing violations fulfilling client responsibilities permit violations authority to prevent license eligibility requirements
Section § 2545
If someone is denied a guide license by the department, they have the right to ask for a hearing with the commission. The commission will then decide if the license should be granted.
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.
guide license license denial hearing request commission decision applicant rights license issuance department denial appeal process license application hearing procedure commission hearing guide license appeal license determination fishing guide license regulatory commission
Section § 2546
This law outlines the reasons a guide license or the privilege to guide can be revoked in California. It may be revoked if the guide has been convicted of breaking the law, allowed clients or guided individuals to break the law when they could have prevented it, or failed to meet their obligations to clients.
The commission may revoke a guide license or the privilege to guide upon a showing of any of the following:
(a)CA Fish and Game Code § 2546(a) The licensee has been convicted of a violation of this code or any regulation adopted pursuant thereto.
(b)CA Fish and Game Code § 2546(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)CA Fish and Game Code § 2546(c) The licensee has failed to fulfill his or her responsibilities to a client.
guide license revocation violation conviction failure of responsibilities preventing client violations guide conduct licensee obligations client protection authority to prevent violations licensee misconduct revocation criteria guide responsibilities client rights compliance requirements guide authority California guiding
