12 Alaska Admin. Code § 75.440

Current through October 17, 2024
Section 12 AAC 75.440 - Professional ethics standards for providers of transportation services
(a)Unethical activities. A transporter, master guide-outfitter, or registered guide-outfitter 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 a transporter; and
(2) includes
(A) failing to comply with the standards set out in (b) - (d) of this section; and
(B) failing to comply with a condition or requirement established as a disciplinary sanction in AS 08.54.710;
(C) failing to comply with an order from the board.
(b)Compliance with law.A transporter or registered guide-outfitter providing transportation services 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 lands during the course of providing transportation services.
(c)Client care and transposition standards.A transporter or registered guide-outfitter providing transportation services shall
(1) take every reasonable measure to ensure the safety and comfort of the client, including ensuring that while the licensee is providing transportation services
(A) adequate supplies are present to provide first aid for injuries that are reasonably expected while providing transportation services; and
(B) sufficient supplies are present to provide for emergencies, including food, clothing, and a source of heat;
(2) before leaving a client in the field, advise the client of the date, time, and location at which the transporter or registered guide-outfitter will pick up the client and the course of action the client should follow if the transporter or registered guide-outfitter is unable to pick up the client as planned;
(3) transport the client into and out of the field at the planned date, time, and location, unless prevented by weather, mechanical problems, or other safety concerns;
(4) check on or communicate with a client in the field as agreed to before transporting that client;
(5) clearly define rates and services to prospective clients before booking and acceptance of deposits, and shall avoid misleading prospective clients through false or fictitious advertising;
(6) be willing and capable of making financial restitution to a client for any breach of contract owing to no fault of the client;
(7) avoid staging unused or unattended camps and gear to discourage other users from utilizing a location;
(8) endeavor to transport all meat of animals taken by clients, in accordance with state statutes and regulations;
(9) avoid using an aircraft in any manner to spot big game for the purpose of taking a specific animal;
(10) avoid utilizing, in any manner, global positioning system (GPS) or other electronic devices to assist in the taking of a big game animal;
(11) avoid herding, driving, or chasing animals with the use of mechanically powered equipment;
(12) avoid overbooking clients such that the transporter or registered guide-outfitter is unable to take otherwise reasonable measures to ensure the safety and comfort of clients already in the field;
(13) allow appropriate buffer areas between hunters and camps transported by the same service to avoid disrupting hunts and hunt experiences; and
(14) avoid making guarantees as to the success of a hunt or the number of animals to be taken on a hunt.
(d)Standards for cooperation with law enforcement officers and for conservation awareness.A transporter or registered guide-outfitter providing transportation services 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 conversation needs and practices when dealing with the public.

12 AAC 75.440

Eff. 7/30/2006, Register 179; am 6/2/2011, Register 198; am 12/2/2012, Register 204

Authority:AS 08.54.600

AS 08.54.710

AS 08.54.720

AS 08.54.790