W. Va. Code R. § 58-12-14

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 58-12-14 - Designated Rental Sections, Operations and Equipment in Whitewater Zones

14.1. Gauley River: From the bridge at Jodie to the confluence at Gauley Bridge commercial whitewater outfitters and outfitters licensed on this section may rent inner tubes, canoes, inflatable kayaks, kayaks, stand up paddle boards and rafts that meet the requirements of section 10.3 of this rule for use only in this section of the Gauley River. Trip guides are not required to accompany these rental trips.

14.1.2. Renting of any vessel or watercraft is not permitted at river flows more than 8,000 cubic feet per second as determined by the U.S. Army Corp of Engineers for the Belva location.

14.2. New River: From the confluence of the Greenbrier River and the New River to the top of Brooks Falls commercial whitewater outfitters and outfitters licensed on this section may rent inner tubes, canoes, inflatable kayaks, kayaks, stand-up paddle boards and rafts that meet the requirements of section 10.3 of this rule for use only in this section of the New River. Trip guides are not required to accompany these rental trips.

14.2.1. Inner tubes are not permitted at river flows more than 7,000 cubic feet per second as determined by the U.S. Army Corp of Engineers for the Hinton location.

14.2.2. Renting of any vessel or watercraft is not permitted at river flows more than 10,000 cubic feet per second as determined by the U.S. Army Corp of Engineers for the Hinton location.

14.3. New River: From Stonecliff to Dunglen, commercial whitewater outfitters and outfitters licensed on this section may rent inner tubes, canoes, inflatable kayaks, kayaks, stand-up paddle boards and rafts that meet the requirements of section 10.3 of this rule for use only in this section of the New River. Trip guides are not required to accompany these rental trips.

14.3.1. Inner tubes are not permitted at river flows more than 5,000 cubic feet per second as determined by the U.S. Army Corp of Engineers Hinton location.

14.3.2. Renting of any vessel or watercraft is not permitted at river flows more than 10,000 cubic feet per second as determined by the U.S. Army Corps of Engineers for the Thurmond location.

14.4. New River: From below Sandstone Falls to Meadow Creek commercial whitewater outfitters and outfitters licensed on this section may rent canoes, inflatable kayaks, kayaks, stand-up paddle boards and rafts that meet the requirements of section 10.3 of this rule for use only in this section of the New River. Trip guides are not required to accompany these rental trips.

14.4.1. Inner Tubes are prohibited on this section.

14.4.2. Renting of any vessel or watercraft is prohibited at river flows more than 10,000 cubic feet per second as determined by the U.S. Army Corp of Engineers for the Hinton location.

14.5. New River: From the railroad bridge at Gauley Bridge to the confluence with the Gauley River commercial whitewater outfitters and outfitters licensed on this section may rent inner tubes, canoes, inflatable kayaks, kayaks, stand up paddle boards and rafts that meet the requirements of section 10.3 of this rule for use only in this section of the New River. Trip guides are not required to accompany these rental trips.

14.5.1. Renting of any vessel or watercraft is prohibited at river flows more than 10,000 cubic feet per second as determined by the U.S. Army Corp of Engineers for the Thurmond location.

14.6. New River: From Teays Landing down to the railroad bridge at Hawks Nest State Park commercial whitewater outfitters and outfitters licensed on this section may rent inner tubes, canoes, inflatable kayaks, kayaks, stand up paddle boards and rafts that meet the requirements of section 10.3 of this rule for use only in this section of the New River. Trip guides are not required to accompany these rental trips.

14.6.1. Renting of any vessel or watercraft is prohibited at river flows more than 10,000 cubic feet per second as determined by the U.S. Army Corps of Engineers for the Thurmond location.

14.7. Shenandoah River: From the West Virginia border to Millville, commercial whitewater outfitters and outfitters licensed on this section may rent inner tubes, canoes, inflatable kayaks, kayaks, stand-up paddle boards, and rafts that meet the requirements of section 10.3 of this rule for use only in this section of the Shenandoah River. Trip guides are not required to accompany these rental trips.

14.7.1. Renting of any vessel or watercraft is prohibited at water levels above six feet as determined by the U.S. Geological Survey Millville gauge.

14.8. Additional safety requirements for all rental sections. The following shall apply to all rentals under section 14 of this rule.

14.8.1. Proper instruction on the use of watercraft, safety, and river etiquette is required to be given by the commercial whitewater outfitter or outfitter.

14.8.2. Commercial whitewater outfitters and outfitters licensed to provide rental services under section 14 of this rule shall provide to each participant a vest-type personal flotation device of an appropriate design and fit for each activity 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, While underway, each participant shall comply with W. Va. Code of State Rules, Title 58 Series 25 3.1.3., Boating Rule when using rental equipment.

14.8.3. Inner tubes shall be a commercial grade tube designed for river float trips in good working order and measuring at least 40 inches in diameter with two air chambers.

14.9. Rental of any watercraft or vessel for any purpose is prohibited on any section of all whitewater zones listed in sections 3.1 and 9.12 of this rule except those permitted under this section of this rule.

W. Va. Code R. § 58-12-14