Current through Register Vol. 23, December 6, 2024
Rule 37.98.1705 - HIGH ADVENTURE REQUIREMENTS: BOATING, CANOEING, SAILING, TUBING, KAYAKING AND WHITE WATER RAFTING(1) All boating, canoeing, sailing, tubing, kayaking and white water rafting activities must be supervised by a boating supervisor meeting the following qualifications: (a) a current American red cross life guard training certificate or equivalent, such as a YMCA or boy scout aquatics instructor's certificate; and(b) a basic small craft certificate for the type of craft which is to be supervised.(2) Other staff members present during boating, canoeing, sailing, tubing, kayaking and white water rafting activities must have appropriate experience and training for the type of craft to be utilized.(3) Whenever youths are on the water they must be wearing a United States coast guard approved personal flotation device appropriate to the weight of the youth.(4) The boating supervisor shall determine the number and location of lookout staff necessary to protect the safety of the youths, taking into consideration such factors as the type of activity and water craft, the size and condition of the body of water, water temperature, and the skill of the youths involved, provided that, at a minimum, two lookout staff members shall always be present on the shoreline or in the water.(5) At no time may the occupancy of any craft exceed the capacity established for the craft by the United States coast guard standards.(6) There must be a warning device, such as a loud whistle, air horn, or other audible signal device, which can readily be heard or seen by persons on the water that indicates the need for youths and staff to return to the shore.(7) As determined by the boating supervisor, there must be a rescue boat in close proximity to where the activity takes place in accordance with the size and depth of the body of water. This rescue boat shall be in good repair and shall contain a rescue tube, reach pole and an extra oar or paddle.(8) Water craft may not enter a swimming area when swimmers are in the water unless the craft is utilized in rescue operations.(9) The following requirements are specific to canoeing, tubing or kayaking on moving water: (a) Canoeing, tubing or kayaking must be limited to class II or less water (as defined by the international scale of river difficulty).(b) Supervising staff must be experienced and knowledgeable about the river being used, including the height and speed of the river.(c) The program shall develop and follow a written policy on evaluating the safety of the river. Supervising staff must be trained on the policy.(d) The supervisor must be familiar with rescue techniques with canoes, kayaks and tubes on moving water and shall train youths in these techniques.(e) Rescue equipment appropriate to the activity must be available, such as rope throw bag and rescue tubes.(10) The following rules are specific to white water rafting: (a) White water rafting must be limited to class III or less water. Rafting on class IV water is prohibited.(b) Supervising staff must be experienced and knowledgeable regarding white water rafting and about the river being used, including the height and speed of the river.(c) The supervisor must be familiar with applicable rescue techniques and shall train youths in these techniques.(d) Rescue equipment appropriate to the activity must be available, such as rope throw bag and rescue tubes.(e) There must be sufficient food storage, adequate to keep food dry and large enough to store food for the size of the raft and the length of the trip.(f) Waterproof dunnage bags must be provided for passengers and be secured to the raft.(g) A youth must be at least 50 pounds to ride a paddle raft or an oar raft in a class III river.Mont. Admin. r. 37.98.1705
NEW, 2004 MAR p. 1960, Eff. 8/6/04.Sec. 50-5-220, MCA; IMP, Sec. 50-5-220, MCA;