Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-12-2 - Definitions2.1. "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:2.18.2. An inflatable kayak or duckie rated to carry one or two persons;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; or2.18.7. A stand-up paddleboard.2.19. "Whitewater" means water, in part of a river, that is white because it is moving swiftly over rocks, including rapids and falls.2.20. "Whitewater Zone" means all rivers, portions of rivers or other waters of the state as identified in sections 3.1 and 9.12 of this rule.