Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-12-4 - Commercial Whitewater Outfitters License4.1. A commercial whitewater outfitter shall obtain a license from the director prior to the commencement of operations on any waters of the State.4.2. A commercial whitewater outfitter issued a license by the director shall comply with the terms and conditions of that license.4.3. The director may issue new licenses valid for one or more designated whitewater zones upon a finding by him or her, and with the approval of the Whitewater Commission, that the commercial whitewater outfitters currently operating in the same whitewater zone or zones have not fully used the daily use limits set under the provisions of section 8 of this rule. The director shall file public notice of his or her intent to issue new licenses for a designated whitewater zone immediately upon such a finding.4.4. Before any outfitting services are offered or rendered, each commercial whitewater outfitter shall execute a surety bond in the penal sum of $1,000 payable to the State of West Virginia and shall hold valid public liability insurance in the name of the commercial whitewater outfitter with minimum coverage of $300,000 per occurrence for bodily injury and $25,000 aggregate for property damage. The commercial whitewater outfitter shall submit proof of liability insurance coverage and the surety bond to the director not later than February 15th of each year. The issuing insurance company shall furnish immediate written notification of the cancellation of the policy and/or the surety bond to the director. The requirement of cancellation notification shall be printed on the bottom of every policy.4.5. The commercial whitewater outfitter shall pay its annual license fees to the Division not later than February 15th.4.6. An applicant for a commercial whitewater outfitter's license for the ensuing year shall provide the director with the information specified on the Division's application and any additional information that the director considers necessary for consideration of the application by March 15th. Upon review and consideration by the whitewater commission, the director shall send the applicant a written reply by September 30th stating whether the license will be granted.4.7. A commercial whitewater outfitter shall keep a current record or file containing the name, address, age, and residency of all persons who have used his or her services. An outfitter operation shall keep a current record or file containing the name, address, age, and residency of all persons who have used his or her services in a whitewater zone. These records shall be kept for a period of two years and shall be made available to the director upon request.4.8. Whitewater Guide Trainee Information Sheet. 4.8.1. Individual guides are responsible for completing the Whitewater Guide Trainee Information Sheet furnished by the division. The commercial whitewater outfitter shall provide forms to individual guides or guide trainees.4.8.2. A commercial whitewater outfitter shall not employ a guide trainee to guide on a commercial whitewater expedition until it has received the guide trainee's information sheet.4.8.3. A West Virginia commercial whitewater guide is not required to supplement the guide trainee information sheet except to show qualifications for additional rivers or sections of rivers.4.8.4. The commercial whitewater outfitter is responsible for keeping on file the original or a certified copy of the completed whitewater guide trainee information sheet. These records shall be maintained by the commercial whitewater outfitter for two years following the guide's last date of employment. The commercial whitewater outfitter shall provide the guide or guide trainee with a certified copy of the trainee information sheet and, upon request, shall forward a copy to the Division of Natural Resources, Law Enforcement Section, 324 Fourth Avenue, South Charleston, West Virginia 25303-1228.4.9. Whitewater Guide Trip Leader Information Sheet.4.9.1. Individual guides shall complete the Whitewater Guide Trip Leader Information Sheet furnished by the division.4.9.2. A commercial whitewater outfitter shall not employ a guide as a Trip Leader until it has received the guide's Trip Leader Information Sheet.4.9.3. A West Virginia commercial whitewater guide Trip Leader is not required to supplement the guide Trip Leader information sheet except to show qualifications for additional rivers or sections of rivers.4.9.4. The commercial whitewater outfitter is responsible for keeping on file the original copy or a certified copy of the original completed Whitewater Guide Trip Leader Information Sheet. These records shall be maintained by the commercial whitewater outfitter for two years following the guide's last date of employment. The commercial whitewater outfitter shall provide the guide Trip Leader with a certified copy of the guide Trip Leader information sheet and upon request, shall forward a copy to the Division of Natural Resources, Law Enforcement Section, 324 Fourth Avenue, South Charleston, West Virginia 25303-1228.4.10. New Hires. Guides and guide trainees shall submit the completed Whitewater Guide Trainee Information Sheet on the first day of employment with a commercial whitewater outfitter.