Section 12.75.340. Professional ethics standards for guides.

	(a)  Unethical activities. A master guide-outfitter, registered guide-outfitter, assistant guide, or class-A assistant guide may not participate in an unethical activity that may result in a disciplinary sanction under AS 08.54.710. In this subsection "unethical activity"  
		(1) means failing to or being unfit to meet a professional standard of conduct that satisfactorily and safely implements, under field conditions, the knowledge, skills, qualifications, and judgment required for the license held; and   
		(2) includes  
			(A) failing to comply with the standards set out in (b) - (f) of this section;  
			(B) failing to fulfill a condition or requirement established as a disciplinary sanction under AS 08.54.710;  
			(C) failing to fulfill the supervision, hunt participation, and other requirements of this chapter;  
			(D) failing to report to the board, within 30 days after the date of conviction, a conviction in this state, another state, or the United States for a   
				(i) violation of a state or federal statute or regulation related to hunting;  
				(ii) violation of a state or federal statute or regulation relating to guiding, outfitting, transportation, or other hunting services; or  
				(iii) felony; and  
			(E) failing to comply with an order from the board.  
	(b)  Compliance with law. All classes of guides shall  
		(1) comply with applicable state and federal statutes and regulations; and  
		(2) obtain prior authorization as appropriate before entering or remaining on private, state, or federal land during the course of providing big game hunting services.  
	(c)  Client and employee care standards. All classes of guides shall  
		(1) take every reasonable measure to assure the safety and comfort of the client, including ensuring that during the hunt  
			(A) adequate supplies are present to provide first aid for injuries that are reasonably expected in the field;  
			(B) sufficient supplies are present to provide for emergencies, including food, clothing, and a source of heat; and  
			(C) food and shelter are present that are normally considered satisfactory under field conditions;  
		(2) avoid intentionally, recklessly, or carelessly exposing an employee or client to undue hazards;  
		(3) advise clients and employees involved in a hunt of the applicable state and federal statutes and regulations relating to hunting, land use, wildlife, big game hunting services, and conservation;  
		(4) ensure that the proper hunting licenses, hunt record, game tags, and harvest reports for the big game species being hunted are in the client's possession before the hunt begins;  
		(5) ensure that the appropriate tags are attached to any game taken by a client and all game is sealed or marked as required by 5 AAC 92;  
		(6) advise a client before a hunt of the game population in the hunting area; and  
		(7) provide remuneration in a complete and timely manner of debts or refunds owed to clients or contracting guides, or wages owed to an employee.  
	(d)  Field craft standards. All classes of guides shall  
		(1) use every lawful means at the licensee's disposal to bag a wounded animal while it is in danger of escaping, or, in a serious emergency, while human life or well-being is endangered;  
		(2) barring unforeseen conditions, properly prepare according to generally accepted procedures, all antlers, horns, hides, and capes to be delivered to the taxidermist or to the client at the conclusion of a hunt in a satisfactory and unspoiled condition, unless the guide is providing only outfitting and transportation services for the client;  
		(3) endeavor to salvage all meat of animals taken by clients, in accordance with state statutes and regulations;  
		(4) except for brown bear, grizzly bear, wolves, and wolverine, transport the meat of a big game animal taken by the client in accordance with 5 AAC 92;  
		(5) respect gear, equipment, food, shelter, and camps established by other users;  
		(6) avoid staging unused or unattended camps and gear to discourage other users from utilizing a location;  
		(7) allow appropriate buffer areas between hunters and camps in order to avoid disrupting hunts and hunting experiences;  
		(8) avoid using an aircraft in any manner to spot big game for the purpose of taking a specific animal, unless  
			(A) hunting brown, grizzly, or black bears from January 1 through June 30 in an area with an allowable harvest under 5 AAC 85 and 5 AAC 92, or one or more brown or grizzly bears per regulatory year; in this subparagraph, "regulatory year" has the meaning given in 5 AAC 92.990; or  
			(B) specifically authorized under another statute or regulation;  
		(9) avoid utilizing, in any manner, global positioning system (GPS) or other electronic devices to assist in the taking of a big game animal; and  
		(10) respond personally or through an assistant to requests for assistance communicated during the hunt; a contracting or employing guide must respond within a reasonable time based on the urgency of the request, weather conditions, and other safety factors.  
	(e)  Standards for cooperation with law enforcement officers and for conservation awareness. All classes of guides shall  
		(1) cooperate with state or federal law enforcement officers;  
		(2) provide any information to assist law enforcement or state and federal wildlife officials; and  
		(3) practice sound wildlife conservation and create an awareness of conservation needs and practices when dealing with the public.  
	(f)  Standards of professionalism. A guide  
		(1) of any class may not make guarantees as to the success of a hunt or the number of animals to be taken on a hunt;  
		(2) shall provide supervision as required from a guide of that class, and make a good faith effort to make the verbal or, if applicable, the written client communication as required in 12 AAC 75.240;  
		(3) if permitted to advertise or sell big game hunts under AS 08.54,  may not advertise or sell big game hunts to be conducted solely on tidelands; a guide of any class may not provide big game hunting services on tidelands or below mean high water mark in fresh water, except on those tidelands and below mean high water mark lands that are immediately adjacent to uplands on which the guide has authorization to provide big game hunting services; in this paragraph, "tidelands" has the meaning given in AS 38.05.965; and  
		(4) if permitted to advertise under AS 08.54,  may not misrepresent services by false or misleading advertising.  

Authorities

08.54.600;08.54.680;08.54.710;44.62.125

Notes

Authority

AS 08.54.600 AS 08.54.680 AS 08.54.710 Editor's note: As of Register 183 (October 2007), the regulations attorney made a technical revision under AS 44.62.125(b)(6), to 12 AAC 75.340(a)(2)(D). ________________________

History

Eff. 7/30/2006, Register 179; am 6/8/2007, Register 182; am 11/24/2007, Register 184; am 6/26/2010, Register 194; am 6/2/2011, Register 198; am 1/13/2012, Register 201; am 12/2/2012, Register 204; am 4/13/2013, Register 206; am 4/16/2016, Register 218

References

12.75.340