West Virginia Code of State Rules › Agency 58 - Natural Resources › Title 58 - LEGISLATIVE EXEMPT RULE BUREAU OF COMMERCE DIVISION OF NATURAL RESOURCES › Series 58-12 - Commercial Whitewater Outfitters › Section 58-12-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
2.1. "Commercial
				Watercraft Clinic" means an instructional class to teach the Eskimo roll,
				paddling, reading whitewater, navigating, portaging, surfing, and scouting
				whitewater, as applicable.
2.2.
				"Commercial Watercraft Clinic Instructor" means a person who is qualified to
				teach a commercial watercraft clinic pursuant to the relevant American Canoe
				Association (ACA), or comparable, industry standards, and who has appropriate
				first aid and CPR training.
2.3.
				"Commercial Whitewater Guide" or "trip guide" means any person who is an owner,
				agent, or employee of a commercial whitewater outfitter, and who is qualified
				and authorized to provide services for whitewater expeditions in the state in
				accordance with W. Va. Code §§
									20-2-23 and
				20-2-23a and this rule.
2.4. "Commercial Whitewater Expedition" means
				the act of floating, traveling or traversing whitewater, in any manner, using a
				watercraft by a commercial whitewater outfitter.
2.5. "Commercial Whitewater Outfitter" means
				any person, partnership, corporation, or other organization, or any combination
				thereof, duly licensed, authorized and operating from within or from without
				the State, which for monetary profit or gain, provides whitewater expeditions
				or rents watercraft or equipment for use in commercial whitewater expeditions
				on any river, portions of rivers, or waters of the State.
2.6. "Division" means the Division of Natural
				Resources.
2.7. "Evaluation Trip"
				means a trip provided by a commercial whitewater outfitter, licensed in this
				state, to determine the guide trainee meets the criteria outlined in section 12
				of this rule. Evaluation trips must be conducted on the river or sections of
				river to be guided.
2.8.
				"Familiarization Trip" means a trip provided by a commercial whitewater
				outfitter, licensed in this state, to familiarize a guide trainee on the river
				or sections of river to be guided. Familiarization trips must be conducted on
				the river or sections of river to be guided.
2.9. "Guide Trainee" means a person who is
				attempting to become qualified as a commercial whitewater guide in accordance
				with the provisions of this rule.
2.10. "Out of State Commercial Guided Trip"
				means the act of floating, traveling or traversing whitewater on waters outside
				the state on a river or section of river in which an out of state commercial
				whitewater guide is required in every raft by an out of state commercial
				whitewater outfitter.
2.11. "Out of
				State Commercial Whitewater Expedition" means the act of floating, traveling or
				traversing whitewater on waters outside the state on a river or section of
				river, in any manner, using a watercraft by an out of state commercial
				whitewater outfitter.
2.12. "Out of
				State Commercial Whitewater Guide" or "trip guide" means any person who is an
				owner, agent, or employee of an out of state commercial whitewater outfitter,
				and who is qualified and authorized to provide out of state commercial
				whitewater guided trips.
2.13. "Out
				of State Commercial Whitewater Outfitter" means any person, partnership,
				corporation, or other organization, or any combination thereof, duly licensed,
				authorized and operating from within or without the state, which for monetary
				profit or gain, provides whitewater expeditions or rents watercraft or
				equipment for use in out of state commercial whitewater expeditions on any
				river, portions of rivers, or waters outside of the state.
2.14. "Outfitter" means any person who,
				operating from any temporary or permanent camp, private or public lodge, or
				private or incorporated home situated within this state, provides for monetary
				profit or gain, saddle or pack animals or other animals, vehicles, boats,
				conveyances or equipment, or guide services for any person or persons hunting
				game animals, game birds, fishing or taking expeditions, on both land and
				water, in this state. The term "outfitter" shall not include, however, any
				person who occasionally for accommodation or favor rather than profit or gain,
				rents equipment to hunters, fishermen or other persons as a service incidental
				to his or her principal occupation or business without advertising outfitter or
				guide services or holding out to the public his or her offering of those
				services.
2.15. "Rent" means to
				provide for monetary profit or gain any equipment or watercraft, used in a
				commercial activity. This term also includes the offering for sale with a
				written or oral agreement or any other arrangement, to repurchase, at a reduced
				cost, the equipment at the completion of its use.
2.16. "Training Trip" means a trip provided
				by a commercial whitewater outfitter licensed in the state which offers to the
				guide trainee substantial opportunity to acquire the necessary skills required
				by section 12.1 of this rule.
2.17.
				"Underway" means that the watercraft is not at anchor, secured to the shore, or
				aground.
2.18. "Watercraft" means a
				vessel in the commercial whitewater outfitter's fleet used for commercial
				whitewater expeditions, or other watercraft in an outfitter's fleet, including
				a vessel in an out of state commercial whitewater outfitter's fleet used for
				out of state commercial whitewater expeditions for the purposes of meeting
				guide training criteria required by section 12 of this rule. It shall include,
				but not be limited to the following vessels that further meet the requirements
				set forth in this rule:
2.18.1. A
				canoe;
2.18.2. An inflatable kayak
				or duckie rated to carry one or two persons;
2.18.3. An inner tube;
2.18.4. A kayak or C-1 that is a hard-shell
				boat that is made of plastic, fiberglass or other hard material, not rubberized
				material;
2.18.5. A raft that is an
				inflatable craft rated to carry three or more passengers;
2.18.6. A river board; or
2.18.7. A stand-up paddleboard.