09- 137 C.M.R. ch. 14, § 06

Current through 2024-51, December 18, 2024

Section 137-14-06 - Additional Requirements and Restrictions

A.Liability Insurance

A person who applies for a Commercial Whitewater Outfitter License shall file proof with the Department of current general liability insurance protection in the amount of at least five hundred thousand dollars covering the operation of whitewater trips and current automobile liability insurance protection in the amount of at least five hundred thousand dollars covering the operation of motor vehicles carrying passengers.

B.Age Restriction

All persons 12 years of age or under must be accompanied during any whitewater trip, by a parent or guardian or by an adult, at least 18 years of age, approved in writing by a parent or guardian.

C.Record Keeping

1. Each whitewater outfitter shall keep current and accurate records of all whitewater trips conducted at that outfitter's base of operation.

2. The records shall be maintained in a legible manner and shall include the following information for each trip:

a. Trip date(s);

b. Waters involved;

c. Names of licensed guides who accompanied the trip; and

d. Names and addresses of all passengers who participated in the trip.

e. True copies of guide licenses and credentials (first aid, CPR) for all guides .

f. Daily numbers of commercial passengers that participate in multiple trips.

3. Such records shall be retained by the outfitter for a period of two years and shall be made available to any law enforcement officer upon request.

D.Safety Practice Runs

In the interest of safety, the Department of Inland Fisheries and Wildlife may require that whitewater outfitters and guides conduct practice runs on dangerous sections of river or stream prior to carrying passengers.

E.License fee, nonrenewal, suspension or revocation

The annual fee for a commercial whitewater outfitters license is $350. A commercial whitewater outfitter's license is subject to nonrenewal, suspension or revocation if an outfitter has failed to pay the outfitter license fee, the quarterly allocation fee, the use fees from prior periods, or if knowingly failed to file a safety report.

F.Safety Reports

Each commercial whitewater outfitter shall submit safety reports on forms provided by the commissioner for any accident occurring in connection with a commercial whitewater trip or whitewater guide training that results in the death of a person, a person losing consciousness or receiving professional medical treatment, a person becoming disabled for more than 24 hours, a person's disappearance from a watercraft under circumstances indicating death or injury or damage to the watercraft or other property of more than $1,000.00.

09- 137 C.M.R. ch. 14, § 06