Subchapter Y. GUIDING PERMIT
Sec.
147.901. Purpose and scope.
147.902. Definitions.
147.903. Application for commercial and noncommercial guiding permits.
147.904. Permit.
147.904.1. Records and reports of commercial guides.
147.905. Violations.
Authority The provisions of this Subchapter Y issued under the Game and Wildlife Code, 34 Pa.C.S. § 2901 (b), unless otherwise noted.
Source The provisions of this Subchapter Y adopted August 28, 2009, effective August 29, 2009, unless otherwise noted.
§ 147.901. Purpose and scope.
The purpose of this subchapter is to provide for the issuance of guiding permits to authorize eligible applicants to serve as guides for persons hunting, trapping or otherwise taking certain designated species of game or wildlife.
Authority The provisions of this § 147.901 amended under the Game and Wildlife Code, 34 Pa.C.S. § 2901(b).
Source The provisions of this § 147.901 amended May 1, 2020, effective May 2, 2020, 50 Pa.B. 2274. Immediately preceding text appears at serial page (395969).
§ 147.902. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Commercial guiding activity—Any guiding activity provided by any person to another person for any fee, remuneration or other economic gain, including bartered goods or services.
Guide—A person who assists another person in any manner to hunt, trap or otherwise take certain designated species of game or wildlife.
Guiding activity—(i) The act of assisting or conspiring to assist another person in any manner to hunt, trap or otherwise take certain designated species of game or wildlife by locating, calling or directing another person to the quarry.
(ii) The term is not intended to include or authorize any assistance taking the form of any overt act directly connected with harvesting game or wildlife by the guide discharging a firearm, bow or crossbow or setting or resetting a trap or cable restraints.
Non-commercial guiding activity—Any guiding activity provided by any person to another person for the species Elk, where there is no fee, remuneration or economic gain to the guide including bartered goods or services.
Authority The provisions of this § 147.902 amended under the Game and Wildlife Code, 34 Pa.C.S. § § 721(a), 2102(a) and 2901(b).
Source The provisions of this § 147.902 amended January 26, 2010, effective April 3, 2010, 40 Pa.B. 1739; amended May 1, 2020, effective May 2, 2020, 50 Pa.B. 2274. Immediately preceding text appears at serial page (395969).
§ 147.903. Application for commercial and noncommercial guiding permits.
(a) Applications for commercial and noncommercial guiding permits issued under this subchapter shall be made through the applicable Commission regional office local to the applicant on the appropriate form provided by the Commission.
(b) Applications for commercial and noncommercial guiding permits shall include the name, address, telephone number, customer identification number and date of birth of the primary applicant and each subpermittee, if applicable, as well as the specific eligible species of wildlife sought to be covered by the permit.
(c) Applications for commercial and noncommercial guiding permits will only be accepted if the applicant and each listed subpermittee possesses a valid hunting or furtaking license, whichever is applicable to the single species or multiple species designated on the permit application. Applicants for a noncommercial elk guiding permit must also possess a valid elk license.
(d) Applications for commercial and noncommercial guiding permits will only be accepted if the applicant and each listed subpermittee have no documented prior record of game or wildlife violations of the act or this title or related license revocations within the previous 10 years. This subsection shall not be construed to apply to the permittee listed on the application for a noncommercial elk guiding permit, but this provision remains effective for each subpermittee listed the permittee’s application.
(e) The fee for a commercial or noncommercial guiding permit will be:
(1) Except as provided in paragraphs (2) and (3) for elk guiding permits, $25 for residents and $50 for nonresidents for each respective eligible species of wildlife to be covered by the permit.
(2) $500 for residents and nonresidents for commercial elk guiding permits. This fee also covers up to four subpermittees at no additional cost. Additional subpermittees beyond the first four may be added for an additional $50 per additional subpermittee.
(3) No cost for a noncommercial elk guiding permits. This no cost fee also covers up to four subpermittees at no additional cost. Additional subpermittees beyond the first four may be added for an additional $25 per additional subpermittee.
Authority The provisions of this § 147.903 amended under the Game and Wildlife Code, 34 Pa.C.S. § 2901(b).
Source The provisions of this § 147.903 amended May 1, 2020, effective May 2, 2020, 50 Pa.B. 2274. Immediately preceding text appears at serial pages (395969) to (395970).
§ 147.904. Permit.
(a) General rule. A guiding permit issued under this subchapter is required for any person to engage in any commercial or noncommercial guiding activity anywhere within this Commonwealth for the following designated species of wildlife: elk and bobcat. A guiding permit is also required for any person to engage in any commercial guiding activity for coyotes on any lands designated as State game lands.
(b) Additional permits. Possession of a commercial or noncommercial guiding permit issued under this subchapter does not diminish an individual’s obligation to obtain any other applicable Federal, State or local permits concerning the guiding activities.
(c) Guiding on State game lands. Notwithstanding the general prohibitions of § 135.41 (relating to state game lands), a commercial guiding permit issued under this subchapter authorizes its holder to engage in commercial guiding activities on lands designated as State game lands for each species of game wildlife designated on the commercial guiding permit. This subsection shall not be construed to require a commercial or noncommercial guiding permit for noncommercial guiding activities occurring on lands designated as State game lands.
(d) Licenses, permits and stamps required. A commercial or noncommercial guide shall maintain valid licenses, permits and stamps applicable to each species for which they are conducting commercial or noncommercial guiding activities, excepting only elk licenses, if applicable. A guide shall carry these licenses, permits and stamps required by this subsection on their person while engaged any commercial or noncommercial guiding activities and shall produce same, upon demand, to any officer whose duty it is to enforce the title.
Authority The provisions of this § 147.904 amended under the Game and Wildlife Code, 34 Pa.C.S. § § 721(a), 2102(a) and 2901(b).
Source The provisions of this § 147.904 amended January 26, 2010, effective April 3, 2010, 40 Pa.B. 1739; amended May 1, 2020, effective May 2, 2020, 50 Pa.B. 2274. Immediately preceding text appears at serial page (395970).
§ 147.904.1. Records and reports of commercial guides.
(a) Records. A commercial guide shall maintain legible, accurate and complete field records of all commercial guiding activities conducted under the authority of a commercial guiding permit on a form supplied by the Commission. These field records shall be maintained and made available for inspection in accordance with section 2906 of the act (relating to records). A commercial guide shall complete the field records form according to the instructions on the form and must contain the following information for each commercial guiding activity:
(1) Name, address and customer identification number for each client.
(2) Date of guided activity.
(3) Quantity and species of game or wildlife harvested by each client.
(4) Name and guide permit number of any accompanying guide permit holder for each guided activity.
(b) Reports. All field records shall be submitted to the Commission annually in accordance with section 2907 of the act (relating to reports).
Authority The provisions of this § 147.904.1 issued under the Game and Wildlife Code, 34 Pa.C.S. § 2901(b).
Source The provisions of this § 147.904.1 adopted May 1, 2020, effective May 2, 2020, 50 Pa.B. 2274.
§ 147.905. Violations.
Violations of this subchapter will be prosecuted under section 2908 of the act (relating to violations). The Director may deny, revoke or suspend any permit for any violation of the act or this subchapter by the permittee or any subpermittee, upon written notice to the permittee.
Authority The provisions of this § 147.905 amended under the Game and Wildlife Code, 34 Pa.C.S. § 2901(b).
Source The provisions of this § 147.905 amended May 1, 2020, effective May 2, 2020, 50 Pa.B. 2274. Immediately preceding text appears at serial page (395970).
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