Md. Code Regs. 08.15.04.04

Current through Register Vol. 51, No. 22, November 1, 2024

Section 08.15.04.04 - Commercial Whitewater Outfitter's Operational Requirements

A. The total number of whitewater craft permitted to be transported between Sang Run and Friendsville per day by all outfitters may not exceed 33, except that the Youghiogheny Wild River manager has the authority to increase the total number of whitewater craft to 51 during periods of sufficient navigable flow.

B. A commercial whitewater outfitter shall inform each customer verbally and in writing that:

(1) The Youghiogheny has been designated as a Class V River which is defined as having extremely difficult, long, and very violent rapids with highly congested routes;

(2) Rescue conditions are difficult;

(3) There is a significant hazard to life in the event of a mishap; and

(4) The customer should have previous whitewater experience before participating in a commercial whitewater trip on the Youghiogheny Wild River.

C. If a commercial whitewater outfitter provides changing and restroom facilities, these facilities shall conform to the Youghiogheny Wild River land use regulations as provided in COMAR 08.15.01.

D. Launch sites and rest stop areas located on private property shall be used by a commercial whitewater outfitter only with the written consent of the landowner.

E. A commercial whitewater outfitter shall:

(1) Keep a record of all commercial whitewater trips that include the customers' names and addresses, guides and trip leaders, dates and times of the trips, and prices charged for a period of 5 years. These records shall be made available to the Department upon request within 14 calendar days. Records obtained by the Department may not be subject to disclosure.

(2) Provide at least one commercial whitewater guide registered under Regulation .05 of this chapter in each whitewater craft for every three passengers, and designate one commercial whitewater guide registered under Regulation .05 of this chapter who shall accompany each trip in a safety kayak or canoe.

(3) Avoid causing or avoid its customers causing environmental damage within the Youghiogheny scenic corridor. An outfitter may be required to remedy environmental damage resulting from its operation.

(4) Not knowingly employ a guide or group leader who is unqualified.

(5) Designate one commercial whitewater guide as a trip leader.

Md. Code Regs. 08.15.04.04

Regulations .04 amended as an emergency provision effective March 9, 1990 (17:7 Md. R. 843); adopted permanently effective June 25, 1990 (17:12 Md. R. 1493)
Regulations .04 amended effective April 29, 1991 (18:8 Md. R. 864)
Regulation .04A, C amended effective November 8, 1993 (20:22 Md. R. 1707)