Northeast RAC backs revised outfitter, guide and spotter rules after public concern over fees and limits

The Northeast Region Regional Advisory Council on Wednesday approved amendments to the outfitter, guide and spotter rule, adopting changes that remove the requirement to include federal land permits in initial state application materials while still requiring applicable federal permits to be obtained and carried in the field.

The move followed extended discussion and public comment from outfitters and council members who raised concerns about new fees and limits introduced by recent state law. Dax Mingus, filling in for Coby Jones, summarized the proposal to shorten season dates for conservation-permit bighorn sheep hunts and adjustments related to Antelope Island State Park before the larger guide-and-spotter discussion shifted to compliance details.

Outfitter Rusty Farnsworth told the council the new law and draft rules would “cripple” small operators by increasing licensing costs and limiting compensated helpers in backcountry hunts. Farnsworth said the law’s compensation threshold and licensing fees — he cited what he described as an increase from previous professional-license fees to a new $500 annual fee plus per-guide charges — would force some contracted helpers to refuse work unless paid for their licenses. “I just think you should really consider some of those things,” Farnsworth said during public comment.

Division staff responded that the $500 fee and some other requirements were established by the Legislature, not the Division, and that the Division could adjust only what falls within rulemaking authority. Chad Vetrich, presenting staff updates on the rule, said the renewal date in outreach materials was corrected from Dec. 31 to March 31 and proposed changing application language so applicants must “obtain the proper federal land use permit and have it available in the field,” rather than submitting federal permits as part of the state application packet.

Council members also questioned enforcement practicality where compensated status might be obscured. Councilmember Jordan McMahon asked how the Division would investigate alleged unlicensed compensation; staff said enforcement would be the Division’s responsibility and acknowledged the difficulty but reiterated the statutory definition of compensation (payments or transfers of economic value over $100) would guide investigations.

After discussion, RAC member Natasha Hadden moved to approve the rule amendments as presented but to remove the requirement that federal permits be submitted with state application materials, require that applicable federal permits be obtained and carried in the field while operating, and to remove section 3.2(e) from the rule. The motion passed unanimously by raised hands.

The council did not alter statutory fee levels; staff noted those were set by the Legislature. The council also encouraged small outfitters to pursue legislative changes to specific statutory requirements if they seek relief from compensation or fee provisions.

The Division will implement the approved rule language and proceed with outreach materials reflecting the March 31 renewal date and the new application wording. The council’s amendment requires guides to carry federal permits when operating on federal lands but does not change fee amounts set by statute.