Current through Register Vol. XLI, No. 36, September 6, 2024
Section 58-12-5 - Special Whitewater Study and Improvement Fees5.1. In accordance with W. Va. Code § 20-2-23a, there will be a special whitewater study and improvement fee paid by each commercial whitewater outfitter or outfitter for each customer who is transported in a commercial activity in the study zones on the Cheat, Gauley, New, Shenandoah and Tygart Valley rivers.5.2. Fee Amount. 5.2.1. The study and improvement fee is 35 cents for each customer transported on a commercial activity in study zones on the Cheat, New, Shenandoah and Tygart Valley rivers.5.2.2. The study and improvement fee is 70 cents for each customer transported on a commercial activity in study zones on the Gauley River.5.2.3. If a commercial activity exceeds one day in duration, the appropriate fee shall be collected for each day, or part of a day, of the trip.5.3. The commercial whitewater outfitter or outfitter shall pay these fees to the Division by the 15th day of the month following the month in which the fee was assessed. The Division shall deposit the monies collected in the Whitewater Study and Improvement Fund.5.4. Gauley River Study and Improvement Fee. 5.4.1. For the purpose of improving and promoting the whitewater industry on the Gauley River, one-half of all study and improvement fees collected pursuant to subsection 5.2.2 of this rule shall be used to stock the Gauley River with fish during the spring and fall seasons of each year to mitigate the loss of fishing opportunities resulting from the additional water volume on the Gauley River. The Whitewater Commission may hire a private contractor to administer the fish stocking program.5.4.2. The Whitewater Commission shall review the amount of the study and improvement fee collected pursuant to subsection 5.2.2 of this rule every four years to determine whether the fee is sufficient to assure adequate funding for the fish stocking program.