Southeast RAC endorses Division rule on outfitters, but presses for clarifications and committee

The Southeast Regional Advisory Council voted to approve most of the Utah Division of Wildlife Resources' rule establishing registration and field limits for outfitters, guides and spotters, while asking the division for clarifications and a stakeholder committee to refine several implementation details.

The rule, part of legislation passed by the Utah Legislature this year, sets a registration and renewal schedule for outfitters and requires guides and spotters to obtain certificates of registration and affiliate with at least one outfitter. It also limits the number of paid individuals who may be “assigned to a client” while actively hunting on public land to two (three for once‑in‑a‑lifetime hunts), and establishes an annual expiration date for registrations.

Council members pressed staff on how the rule would work in practice and on conflicts with federal permitting. After discussion the RAC approved a change striking wording that would have required applicants to include federal permit numbers on the Division application; the Council instead asked the Division to require that “all applicable land‑agency special use permits must be obtained and be carried in the field” rather than forcing applicants to present federal permit numbers during the Division application. The motion passed unanimously.

Why it matters: The rule implements a statewide law regulating commercial guiding on public lands and affects who may legally work for outfitters and how many paid helpers a client can have in the field. Council members said they want clearer implementation guidance ahead of the rule’s July 1 effective date.

Most contentious points discussed - Renewal date. Division staff moved the renewal deadline from December 31 to March 31 to avoid overlapping with hunting season; several RAC members urged moving it later (July) to match how outfitters book hunts. Staff said March 31 is a practical annual cutoff and noted the statute goes into effect July 1, which complicates one‑time exceptions. No change to the date was made. - Federal permits. The RAC voted to remove the application requirement that applicants submit federal permit numbers (a change intended to avoid circular requirements where federal agencies require a Division number to issue their permit). The Division will still require that operators obtain any applicable federal land‑use permits and carry them in the field. - Insurance attestation. The Council voted unanimously to remove a clause that explicitly required attestation of workers’ compensation and commercial liability insurance for contracted 1099 workers; the Division said it will still expect operators to comply with applicable law and regulations. - Limits on guided parties. The rule says no more than two paid individuals (outfitter/guide/spotter combined) may be assigned to a client while actively hunting; once an animal is legally taken and tagged, additional helpers may assist with pack‑out. The RAC later voted 5–3 to add a clarifying statement that, after legal take, pack‑out may include as many people as needed to recover the animal quickly.

Council asked the Wildlife Board to direct the Division to convene a short stakeholder committee to: finalize field interpretations (for example, exactly when a hunt is “active”), coordinate with federal agencies about permit timing and special‑use requirements, and produce a public FAQ. The RAC carried that motion 6–2.

Division staff said they have hired a dedicated staffer to run the new program and that guides will pay an annual registration fee (one fee per guide per year even if affiliated with multiple outfitters). Guides and spotters can affiliate with outfitters any time of year; a full outfitter application may require more documentation and can take longer if submitted after March 31.

The Council approved the remainder of the division’s proposal, including core application and field provisions, unanimously.

Ending: The Division said it will publish clarifying guidance and FAQs and begin enforcing the rule with an emphasis on education. The RAC asked the Wildlife Board and Division to use a short stakeholder committee to resolve lingering questions before the next hunting season.