Hunting and Fishing Guides

Chapter 5 of Division 3 of the Fish and Game Code deals with hunting and fishing guides in California. Section 2535 defines the term “guide.”

Section 2536 makes it 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.

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 specified laws if all of the three specified conditions are met.

Section 2537 provides that a person operating under a commercial passenger fishing boat license is not required to obtain a guide license.

Section 2538 states that an application for a guide license is to be on a form furnished by the department on request. The application must show all six specified items of information.

Section 2539 states that, 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 cannot 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.

Section 2540 specifies the base fee for a guide license issued to specified individuals.

Section 2541 requires each applicant for a guide license to submit proof of having obtained a surety bond in the amount of not less than $1,000, conditioned on faithful performance of the guide and the guide’s agents or employees in fulfilling their responsibilities to their clients.

Section 2542 requires the commission to 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.

Section 2543 authorizes the commission to 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.

Section 2544 allows the department to refuse to issue a guide license to an applicant upon a showing of any of two specified conditions.

Section 2545 allows an applicant denied a guide license by the department to request a hearing before the commission and the commission must determine whether or not the license must be issued.

Section 2546 allows the commission to revoke a guide license or the privilege to guide upon a showing of any of three specified conditions.