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 58-12-9 - Commercial Whitewater Operations

Current through Register Vol. XLI, No. 28, July 12, 2024
9.1. Towing rafts through water pools is
				permitted.
9.2. Motorized
				watercraft are permitted on the New River between Thurmond and Fayette Station
				when river flow equals or exceeds 16,500 cubic feet per second as determined by
				the U.S. Army Corps of Engineers for the Thurmond location.
9.3. The director may issue special use
				permits to commercial whitewater outfitters for the use of motorized watercraft
				to provide whitewater trips to senior citizens, disabled persons, and other
				persons who might not otherwise be able to participate in whitewater
				recreation. The director may also issue special use permits to commercial
				whitewater outfitters to conduct whitewater trips to make documentary
				recordings or to provide emergency transport services.
9.4. Motorized watercraft shall not pass
				non-motorized trips unless signaled to do so by the trip leader of the
				non-motorized watercraft. The non-motorized watercraft shall make all
				reasonable efforts to facilitate passing of the motorized watercraft.
9.5. While underway, each passenger, guide
				trainee, commercial watercraft clinic instructor, trip guide, and trip leader
				shall wear a securely fastened vest-type personal flotation device of an
				appropriate design and fit for each activity type and person as defined and
				approved by the United States Coast Guard pursuant to
				33 C.F.R. §
										175.13 2014 et seq. as authorized by
				46 U.S.C. §
										4302 and as prescribed in section 10.1 of
				this rule. The commercial whitewater outfitter shall maintain all personal
				flotation devices in a good and serviceable condition.
9.6. Each commercial whitewater expedition
				shall have a minimum of one trip guide for every 10 passengers or any portion
				thereof. There shall be a minimum of two trip guides on each commercial
				whitewater expedition of more than six watercraft.
9.7. There shall be no less than one trip
				guide on a commercial whitewater expedition on rivers or sections of rivers,
				unless otherwise designated in section 9.12 or section 14 of this rule. Section
				14 requirements shall only apply to rented watercraft on sections specifically
				permitting rental watercraft which are listed in section 14.
9.8. A commercial whitewater outfitter may
				run his or her whitewater expedition in conjunction with another commercial
				whitewater outfitter's whitewater expedition to fulfill the requirements of
				this section.
9.9. There shall be
				one commercial whitewater trip leader on each commercial whitewater
				expedition.
9.10. A trip leader may
				count as a trip guide to meet the requirements of this section.
9.11. Each commercial watercraft clinic shall
				have a minimum of one trip guide for each six customers or any portion thereof
				except as designated in subdivision 9.12.3.b of this rule.
9.12. The following rivers, portions of
				rivers, or waters of the State are designated as whitewater zones for rafting
				West Virginia's rivers, portions of rivers, or waters of the State to determine
				the appropriate watercraft, student limits, guide qualifications, and minimum
				number of guides per trip by whitewater zones:
9.12.1. Cheat River.
9.12.1.a. From its confluence with Saltlick
				Creek to the State Route 26 bridge at Albright there shall be a minimum of one
				trip guide per trip.
9.12.1.b. From
				the State Route 26 bridge at Albright to the confluence of Big Sandy Creek
				there shall be a minimum of two trip guides per trip. When river flows equal or
				exceed 2,200 cubic feet per second there shall also be a trip guide in every
				watercraft.