Rules and Regulations (Draft)

Of

Tennessee Wildlife Resources Agency

Boating

Chapter 1660-x-x

Rules and Regulations Governing Commercial Boating

**Table of Contents**

**1660-x-xx-xx Definitions**

**1660-x-xx-xx Charter Boat Rentals**

**1660-x-xx-xx Bare Boat Charters**

**1660-x-xx-xx Commercial Rafting**

**Applicability**

A)  These rules do not apply to vessels required to be inspected by the
    United States Coast Guard, under 46 CFR Subchapter T, Parts 175-184,
    for the purposes of carrying passengers for hire.

B)  These rules shall apply to all other vessels, as defined in the
    regulations, carrying passengers for hire on waters of the state.

C)  Commercial rafting rules shall apply to the following bodies of
    water

**Charter and Bare Boat Charters**

**Definitions**

A\) "Carrying passengers for hire\" means the transporting of more than
six passengers on a vessel for consideration regardless of whether the
consideration is directly or indirectly paid to the owner of the vessel,
the owner\'s agent, the operator of the vessel, or any other person who
holds any interest in the vessel.

B\) "Charter boat\" means a vessel which is rented or leased or offered
for rent or lease to carry more than six passengers for hire if the
owner or the owner\'s agent retains possession, command, and control of
the vessel.

C\) "Agency" means Tennessee Wildlife Resources Agency; its enforcement
officers or individuals issued boating enforcement commissions.

D\) "Equipment\" means a system, part, or component of a vessel as
originally manufactured, or a system, part, or component manufactured or
sold for replacement, repair, or improvement of a system, part, or
component of a vessel; an accessory or equipment for, or appurtenance
to, a vessel; or a marine safety article, accessory, or equipment
intended for use by a person on board a vessel; but does not include
radio equipment.

E\) "Bare boat charter\" means a vessel with an enclosed cabin which is
offered for rent or lease by the boat owner or his or her agent or is
rented or leased from a boat owner or his or her agent and the boat
owner or his or her agent relinquishes complete physical control of the
vessel to the renter or lessee, except the boat owner retains legal
title to the vessel.

F\) "Navigable waters" means those waters of the state over which the
State of Tennessee and the United States Coast Guard exercise concurrent
jurisdiction.

G\) "Operate\" means to start any propulsion engine or to physically
control the motion, direction, or speed of a vessel.

H\) \"Owner\" means a person who claims lawful possession of a vessel by
virtue of legal title or an equitable interest in a vessel which
entitles that person to possession of the vessel.

I\) \"Person\" means an individual, sole proprietorship, partnership,
corporation, association, or governmental entity, and includes any
trustee, receiver, assignee, or other legal representative or agent.

J\) \"Pilot\'s license\" means the appropriate vessel operator\'s
license as required and issued by the United States Coast Guard.

K\) "Pilot" means a person licensed by the United States Coast Guard
with the license appropriate for the vessel being operated.

L\) \"Rule\" means a rule promulgated pursuant to the administrative
procedures act.

M\) \"Vessel\" means every description of watercraft, other than a
seaplane, used or capable of being used as a means of transportation on
water irrespective of the method of operation or propulsion.

N\) "Personal floatation device" means a device that is approved the
United States Coast Guard under 46 CFR Part 160.

O\) "Marine surveyor" means a person with a current accreditation by AMS
or SAMS ..............

P\) "State license" means a license issued by the Tennessee Wildlife
Resources Agency for the purpose for carrying passengers for hire.
(Contingent on notorized copy of current Coast Guard license.

> 1660-x-xx-xx

**Charter Boat Lease or Rentals**

1\) A person shall not rent or lease, or offer to rent or lease a
charter boat; and a person shall not carry passengers for hire on a
vessel on the waters of this state unless both of the following
conditions are satisfied:

\(a\) The boat has been inspected within the last two (2) years or
immediately after any structural modifications by a certified marine
surveyor and been determined to be seaworthy.

\(b\) The operator of the vessel is a pilot licensed or is under the
direct supervision of a licensed pilot who is on board the vessel.

2\) The licensed pilot of a charter boat shall possess a valid and
current pilot\'s license issued in his or her name and shall immediately
display that license upon demand of any officer commissioned through the
Agency.

3\) A person shall not operate a charter boat that carries more than six
(6) passengers on navigable waters without first obtaining a current
vessel inspection certificate and a pilot\'s license from the United
States Coast Guard.

4\) The Agency may at any time inspect or provide for the inspection of
any charter boat if the Agency has reasonable cause either to believe
that a provision of this regulation has been violated or that further
inspection is necessary to insure the safety of life and property.

5\) To determine that a vessel is seaworthy and in good and serviceable
condition, the owner of a vessel shall permit the marine surveyor to
inspect the entire vessel.

6\) All personal flotation devices must be the appropriate size for each
person (adult and child) on board. They must be stowed in an easily
accessible location that is marked Adult or Child personal flotation
devices.

7\) Prior to getting underway, all charter boats shall conduct a safety
briefing which shall include but not be limited to personal flotation
device location, proper wearing demonstration and, if applicable,
location of exits.

8\) On vessels that do not have or are not required to have a vessel
capacity plate, the maximum passenger capacity shall be determined by a
marine surveyor and such capacity shall be prominently displayed.

9\) Whenever a modification is made to a vessel, a marine surveyor must
attest that such modification(s) does not adversely affect the stability
of the vessel.

10\) When the owner/operator determines that any personal flotation
device required to be carried onboard a vessel is not in good and
serviceable condition, the owner of the vessel shall replace the
non-serviceable devices immediately or the number of passengers allowed
to be carried aboard the vessel shall be reduced to equal the number of
serviceable personal flotation devices carried.

11\) First Aid Kit and Emergency Procedures List:

> a\) The owner of a vessel shall provide and have on board, at least
> one standard Type III 16 Unit First Aid Kit as defined by American
> National Standards Institute (ANSI) Standard Z308.1-1998.

b\) The owner shall post an emergency procedure list aboard the vessel
in a conspicuous location. The list shall set forth, at a minimum, all
of the following information items:

i\) Radio communication procedure for emergency situations.

ii\) Evacuation procedure for emergency situations.

12\) A vessel shall not be offered for charter unless the vessel is
currently in compliance with all state and federal boating regulations.

13\) Violation of any boating regulation may result in loss of
commercial boating privileges including state license.

14\) All vessels offered for charter shall have a passenger log, listing
the dates, times, number of passengers and a phone contact for each
group. This log shall be stored at the vessel homeport and may be used
by emergency personnel to assist in rescue efforts in case of an
accident or mishap. This log shall be maintained for 30 days and
available for inspection by commissioned officers of the Agency at all
times.

15\) All vessels for charter shall have a permanent maintenance log
listing the dates and times of all maintenance and repairs which shall
be available for inspection by commissioned officers of the Agency at
any time.

1660-x-x

> **Bare Boat Charters**
>
> **Prior to offering any enclosed cabin vessel as a bare boat charter
> the owner shall insure the following:**

1)  All safety equipment for the size vessel and number of persons on
    board is in compliance with all state and federal boating
    regulations. The number of personal flotation devices on board must
    equal the maximum number of persons on the capacity plate.

> 2\) Equip the vessel with a marine radio in good working condition.
> Radio operating instructions shall be posted which shall be visible to
> the radio operator.
>
> 3\) A copy of the appropriate state and federal regulations shall be
> on board the vessel and their location noted in the safety briefing.

4\) Ensure emergency procedures for communication and evacuation are
posted in a

> location that is visible from the primary helm while operating the
> vessel.

5\) Warning placards must be visible from the helm that address carbon
monoxide

poisoning, electrical shock, propeller hazards and navigation lights.

> 6)The owner or their representative will conduct a safety orientation
> briefing which
>
> will include but not be limited to:

a)  Basic operation and unique characteristics that apply to the vessel
    being rented.

b)  Location and use of safety equipment. (PFDs, fire extinguishers,
    carbon monoxide and smoke detectors etc...)

c)  Use of the marine radio on board and familiarization with posted
    emergency procedures.

d)  The location of the copy of the appropriate state and federal
    regulations.

e)  The location of local water hazards.

7\) All bare boat charter vessels shall have a permanent maintenance log
listing the dates and times of all maintenance and repairs which shall
be available for inspection by commissioned officers of the Agency at
any time.

1660-x-x

**Commercial Rafting**

**I. DEFINITIONS:**

A. "Guiding" includes the provision of assistance such as supervision,
protection, education, training, and guiding services.

B. "Outfitting" includes the provision of equipment, supplies, and
materials. It includes such outfitting services as rental of watercraft,
equipment and gear.

C. "Equipment" means Raft, Inflatable Boats, Kayaks, and Canoe. It
includes such equipment as to assure the safety of the public.

D.  "Craft" means Raft, Inflatable Boats, Kayaks, Canoes and any
    watercraft that meets the minimum requirements set forth in this
    document.

E.  "Commercial operator" means

F.  "Commercial whitewater guide"

G.  "Trip leader" means

H.  "Commercial outfitter" means any person, partnership, corporation,
    or other organization, operating from within or from without the
    State, which for monetary profit or gain, provides whitewater
    expeditions or rents whitewater craft or equipment for use in
    whitewater expeditions on any waters of the State.

I.  "Whitewater expedition" means the act of floating, traveling or
    traversing, in any manner, in or on any description of watercraft or
    vessel by a commercial outfitter, on waters of the State that
    contain any whitewater and/or rapids or turbulent water.

**II. SAFETY REQUIREMENTS:**

The following minimum safety provisions are prescribed for operation of
watercraft on the waters of Tennessee. All operators shall provide
equipment meeting or exceeding the following standards:

A. Each raft shall contain at least three (3) separate inflatable
compartments.

B. Each inflatable craft shall be constructed of a tough rubberized
fabric, or it's equal, capable of repeated daily abrasion and abuse on a
class III/IV River. Single thickness non-reinforced craft are prohibited
for use in commercial operations.

C. Each raft must be of a four (4) man size or larger; as specified by
the manufacturer. Each raft must be a minimum - 9ft. in length and 4 ft.
wide.

D. All kayaks or canoes must have flotation such that the craft has
positive buoyancy in still water when filled with water and occupied by
the number of persons for which the craft is designed in the white
water.

6\. All commercial watercraft shall meet or exceed the safety
recommendations of the American White Water Affiliations, SAFETY CODE,
and latest revision.

7\. All craft shall be maintained in a reasonable operating condition
for its intended use. Each craft must be inspected for damage before and
after each trip. If damage is found, repairs shall be made to the craft
before it can be used for commercial purposes.

8\. All commercial operators must have on file a plan outlining
procedures for emergencies including but not limited to injuries,
missing persons and evacuations for each section being rafted.

9\. All commercial operators shall require all guides and passengers to
wear an appropriate helmet suitable for white water use.

10\. All commercial operators shall require each guide to wear a
fastened Type III or Type V personal flotation device, and each
passenger to wear a fastened Type V, U.S. Coast Guard approved personal
floatation device of appropriate size, while on the water.

11 All rafting participants 8 years of age and under must be offered
Type II and Type V personal flotation device (PFD) of the appropriate
size for the wearer.

12\. Each personal flotation device must be inspected prior to each
issuance. Personal floatation devices must be removed from service and
disposed of if

a\. The PFD becomes water logged;

b\. The PFD is damaged such that it can no longer be worn or attached to
the user as originally intended by the manufacturer; and/or

c\. The PFD is of such age or worn condition that the fabric, floatation
material, webbing, fastening devices, etc., that it is no longer
considered to be in a serviceable condition.

13\. Equipment, including crafts, paddles or other safety equipment
shall be subject to inspection by any commissioned officer of the Agency
at any time, including, but not limited to, times when the equipment is
in use or about the river. Equipment deemed unsafe by the above
representative or permitted commercial outfitter shall be immediately
repaired or removed from service.

14\. The commercial operator shall require passengers to wear
appropriate footwear. WV

15\. One (1) or more buoyant heaving line (throw bag), 3/8\" diameter
minimum, and at least fifty (50) feet in length shall be carried with
each guide on each trip.

16\. Each group of four (4) crafts (or less) shall provide one (1)
waterproof First Aid kit for each trip containing the following items:
WV

a\. Semi-rigid or rigid splints

b\. Triangular bandages

c\. Four Ace bandages

d\. Two cold packs

e\. Gauze pads 4\" square (four each, minimum)

f\. Gauze pads 2\" square (four each, minimum)

g\. Box of Band-Aids 3\" or larger

h\. Betadine swabs or liquid betadine with disposable applicators or 10

antiseptic swabs

i\. One roll of adhesive tape and one roll of duct tape

j\. Two sanitary napkins (for compress)

k\. One space blanket

1\. Two rolls gauze bandages

m\. One pair of scissors and tweezers

n\. One penlight

o\. Two eye patches

p\. Eye irrigation

q\. 3 Glucose Tablets or 3 Glucose Tubes

r\. 10 sting swabs

s\. 6 pair disposable gloves

t\. 1 Bio hazard bag

u\. Tongue Depressor (finger splints)

v\. Sun screen

17\. The minimum age of any participant shall be eight (8) years of age
or minimum weight of 70 pounds.

18\. The guides or outfitters shall prohibit the consumption of alcohol
by passengers immediately before or during the trip.

19\. Each raft shall have at least one guide. A minimum of two guides
will be required per 6, one or two person craft.

20\. All commercial outfitters must comply with all state laws when
operating on the waters of the state.

21\. All commercial outfitters must comply with the Tennessee Safe
Boating Act and rules and regulations promulgated by the Tennessee
Wildlife Resources Commission.

**III. GUIDE REQUIREMENTS**

The safety of the public is the responsibility of the guide during
trips. Guides shall meet

the following training, standards, and requirements:

1\. Current American Red Cross standard first aid or equivalent.

2\. Adult American Red Cross Cardio-pulmonary resuscitation (CPR) or
equivalent.

3\. Commercial outfitter shall certify that trip leaders are at least 21
years of age and have two years of white water experience or thirty
trips on white water rivers.

4\. Commercial outfitters shall certify that guide trainees shall have
the certification/qualifications of one (1) and two (2) above and shall
as a minimum have eight trips on the river with four of those trips
being on the craft they will become the guide on, prior to becoming a
guide. A guide must be a minimum age of 18 years in addition to the
requirement noted above.

5\. These guide requirements shall be posted in the commercial
operator\'s place of business in plain view of the general public.

6\. All guides and guide trainees shall be instructed by the Commercial
Outfitter in safety and emergency techniques, including the availability
of emergency aid and/or assistance such as the nearest ambulance, fire
department, TWRA, state park personnel where appropriate, police,
doctors, and hospitals.

7\. In the event an accident occurs which results in serious personal
injury or death, the Agency or its designee shall be notified
immediately and an Agency accident report must be filed within 48 hours.