09-137 C.M.R. ch. 24, § 05 - Classification of Guides

Guides shall be licensed in one or more specialized classifications.

A. Specialized classification means that a person has met the qualifications to guide one or more specific types of activities as follows and allows that person holding a Specialized Fishing, Hunting, Sea Kayaking, Recreational or Tide-water Fishing license to conduct overnight camping trips while engaged in activities specific to that person's specialized classification:

1. Specialized Hunting classification means that a person has met the qualifications to guide hunting and trapping activities, including overnight camping trips in conjunction with those hunting and trapping activities. Beginning January 1, 2021, a person who has met the application qualifications to take the Specialized Hunting classification exam may choose to take a combined exam and purchase the Specialized Recreational classification endorsement.

2. Specialized Fishing classification means that a person has met the qualifications to guide fishing activities, including overnight camping trips in conjunction with those fishing activities on inland waters. Beginning January 1, 2021, a person who has met the application qualifications for the Specialized Fishing classification exam may choose to take a combined exam and purchase the Specialized Recreational classification endorsement.

3. Specialized Recreational classification means that a person has met the qualifications to guide watercraft, all-terrain vehicles, snowmobiling and camping activities. This classification also qualifies a person to guide watercraft including paddle sports on inland waters as defined in 24.02 (B). A person wishing to guide paddlesports on the ocean as defined within this Chapter must have a current Specialized Sea-Kayaking classification.

4. Specialized Sea-Kayaking classification means that a person has met the qualifications to guide sea-kayaking activities to include paddlesports on the State's territorial seas and tributaries of the State up to the head of tide and out to the three-mile limit.

Beginning on March 31, 2015 a person wishing to guide paddlesports on the ocean as defined within this Chapter must have a current Specialized Sea-Kayaking classification.

5. Specialized Tide-Water Fishing classification means that a person has met the qualifications to guide sport fishing activities on the State's territorial waters as defined within section 24.02 E. of this rule and tributaries of the State up to the head of tide and out to the three-mile limit. This license shall apply to any person engaged in guiding fishing activity for any species of fish, except those species harvested under the authority of a Department of Marine Resources license. This rule does not apply to activity occurring on board a vessel holding a valid and current certificate of inspection issued by the United States Coast Guard.

NOTE/U.S. COAST GUARD LICENSE: Any person operating a motorboat on the State's Territorial Seas and Tributaries for the purpose of guiding hunting and fishing activities must obtain a U.S. Coast Guard License authorizing the carriage of passengers for hire.

B. Master certification means that a person has acquired experience in a Specialized classification that exceeds the minimum requirements necessary to be licensed as a guide in that classification.

1. Persons licensed in one or more specialized classifications may apply for certification as a Master Guide in such classification(s) by filing an affidavit with the Department showing that the applicant has met the necessary qualifications and experience requirements outlined in Chapter 24.05(A) (1), (2), and (3) above. The necessary qualifications and experience requirements are as follows:

a. The applicant must have been licensed as a Maine Guide in the specialized classification(s) for which Master Guide certification is sought each year during the ten-year period preceding the submission of the affidavit for certification; and

b. A minimum of five years professional experience in the specialized classification(s) must be documented within that ten-year period. One year of professional experience shall be credited for every 240 hours worked in a calendar year. Only actual time guiding will be credited. A description of guide's specific duties and responsibilities and the amount of time spent guiding must be included with the affidavit. The applicant may estimate the amount of time devoted specifically to guiding activity. Experience shall be credited on an hour-for-hour basis.

2. Upon receipt of an affidavit showing that the applicant has met the necessary qualifications and experience requirements outlined in Chapter 24.05(A) (1), (2), and (3) above, the Department will validate the applicant's license with the certification that the applicant is eligible to work as a Master Guide. The applicant may not work as a Master Guide until the license certification has been validated by the Department.

a. The certification will remain in effect as long as the guide's license is renewed within three years of expiration.

b. A determination, at any time, that any of the information contained in the affidavit is false, shall be grounds for revocation of the Master Guide certification.

Notes

09-137 C.M.R. ch. 24, § 05