Oklahoma Administrative Code › Title 300 - Grand River Dam Authority › Chapter 40 - Scenic Rivers Rules › Subchapter 1 - Licensing and Use Permits › Section 300:40-1-4 - Commercial licensing procedures, requirements, and annual use fees

Current through Vol. 41, No. 20, July 1, 2024
(a) For newly issued licenses, the statutory annual river use license fee per commercially owned and operated Vessel shall be paid at the time of licensing.
(b) The license required for Commercial Float Operations shall be an annual license covering a calendar year. Licenses shall be properly displayed on each Vessel prior to its use on the river.
(c) Applications for new float licenses may be filed with the GRDA in January of each year. Commercial Float Operators shall file applications to renew their existing licenses during the month of September each year.
(1) Any Commercial Float Operator that fails to submit a renewal application in September shall only be eligible to renew 85% of the previous number of licenses, and the other 15% shall be released in January of the following year as new licenses. No renewal application shall be accepted after November.
(2) Any Commercial Float Operator that applies to renew his licenses must pay the statutory annual use fees, and pay or complete any outstanding GRDA obligations, by the last working day of November, or the application shall be denied and the number of licenses released as new licenses in January.
(3) In addition, any Commercial Float Operator, applying for license renewal, must be able to demonstrate a history of compliance with all applicable statutes and administrative rules regarding operation of their business. If such a showing cannot be made, the CEO has the discretion to deny issuance of licenses for the upcoming year. In addition to a failure of compliance, a Commercial Float Operator may be denied a license or licenses due to environmental and/or safety reasons. In determining whether to issue licenses for the upcoming year, the CEO may consider the following factors:
(A) Whether the Operator has engaged in a pattern of willful violation of GRDA rules and regulations;
(B) Whether the ecosystem of the river section within which the particular Vessel is authorized to float is, or is in danger of being, harmed by the number of Vessels authorized, and it is necessary for the protection of that section of the river to limit the number of licenses;
(C) The health and safety of individuals floating on the river is threatened by the number of Vessels currently licensed to float on a particular section of the river; or
(D) The Commercial Float Operator has failed to comply with licensing requirements of rule 300:40-1-5 in previous float seasons.
(4) Existing Commercial Float Operators and New Businesses may apply in January for new commercial Vessel licenses which may be available, up to the number provided in 300-40-1-5. The GRDA may then process the applications, evenly divide the numbers of licenses among the proper applications and issue them in February. If there are remaining licenses that are unable to be issued equally among applicants, the CEO may implement a random draw lottery process for the remaining licenses.
(5) Except for temporary licenses, new licenses shall not be issued unless the number of licenses renewed in the previous year was below the number authorized in 300:40-1-5.
(6) Use of Public Access Areas owned or controlled by the GRDA may be denied by the CEO based on expected adverse impacts to the Public Access Areas, on historical usage and regulatory compliance considerations and on the user's cooperation with other users.