Section 49-4-39 - Regulation of hunting, fishing and wildlife viewing, guide and outfitter services(1) As used in this section:(a) "Boat" means a vessel used by a guide or outfitter for taking paying customers on recreational freshwater fishing excursions.(b) "Guide" means a person who advises or shows the way to others on a boat.(c) "Outfitter" means an establishment that sells freshwater fishing services.(d) "Captain" or "skipper" means a person who is at the helm, controls or steering of a boat.(e) "Boat mate" and "crew" mean one or more employees assisting the guide, outfitter, captain or skipper on a boat.(2) The commission may regulate hunting, fishing and wildlife viewing, guide and outfitter services. The commission shall have the following powers and duties: (a) Prescribe the form and type of licenses;(b) Prescribe an annual distinguishable decal for each boat;(c) Except as otherwise provided in this section, establish fees for the types of licenses; the fee for guide and outfitter services annual licenses shall not be less than Five Hundred Dollars ($500.00) for residents and shall not be less than Two Thousand Dollars ($2,000.00) for nonresidents;(d) Require one-year proof of residency and a valid sportsman's license for residents;(e) Require a valid nonresident fishing license for nonresidents;(f) Require First Aid/CPR certification; and(g) Exercise all powers to make regulations for enforcement and safety of such services.(3) A fishing guide, outfitter, skipper or captain that uses a boat to provide fishing guide services shall obtain an annual boat license and decal for a fee of at least Twenty-five Dollars ($25.00). In order to obtain a boat license and decal, an applicant must register the boat being used with the department and provide to the department a copy of the driver's license of the guide, outfitter, skipper or captain and proof of liability insurance and such other information as the department may require by regulation.(4) A violation of this section or any regulation created by the commission exercising its powers to regulate safety and services is a Class II violation and is punishable as provided in Section 49-7-143. Laws, 1997, ch. 549, § 1; reenacted and amended, Laws, 1998, ch. 310, § 1; Laws, 1999, ch. 311, § 1, eff. 3/8/1999.Amended by Laws, 2023, ch. 493, SB 2534,§ 1, eff. 7/1/2023.