Okla. Admin. Code § 300:40-1-4

Current through Vol. 42, No. 4, November 1, 2024

Section 300:40-1-4 - Commercial licensing procedures, requirements, and annual use fees

(a) For newly issued licenses, the statutory annual river use license fee per commercially owned and operated Vessel shall be paid at the time of licensing.

(b) The license required for Commercial Float Operations shall be an annual license covering a calendar year. Licenses shall be properly displayed on each Vessel prior to its use on the river.

(c) Applications for new float licenses may be filed with the GRDA in January of each year. Commercial Float Operators shall file applications to renew their existing licenses during the month of September each year.

(1) Any Commercial Float Operator that fails to submit a renewal application in September shall only be eligible to renew 85% of the previous number of licenses, and the other 15% shall be released in January of the following year as new licenses. No renewal application shall be accepted after November.

(2) Any Commercial Float Operator that applies to renew his licenses must pay the statutory annual use fees, and pay or complete any outstanding GRDA obligations, by the last working day of November, or the application shall be denied and the number of licenses released as new licenses in January.

(3) In addition, any Commercial Float Operator, applying for license renewal, must be able to demonstrate a history of compliance with all applicable statutes and administrative rules regarding operation of their business. If such a showing cannot be made, the CEO has the discretion to deny issuance of licenses for the upcoming year. In addition to a failure of compliance, a Commercial Float Operator may be denied a license or licenses due to environmental and/or safety reasons. In determining whether to issue licenses for the upcoming year, the CEO may consider the following factors:

(A) Whether the Operator has engaged in a pattern of willful violation of GRDA rules and regulations;

(B) Whether the ecosystem of the river section within which the particular Vessel is authorized to float is, or is in danger of being, harmed by the number of Vessels authorized, and it is necessary for the protection of that section of the river to limit the number of licenses;

(C) The health and safety of individuals floating on the river is threatened by the number of Vessels currently licensed to float on a particular section of the river; or

(D) The Commercial Float Operator has failed to comply with licensing requirements of rule 300:40-1-5 in previous float seasons.

(4) Existing Commercial Float Operators and New Businesses may apply in January for new commercial Vessel licenses which may be available, up to the number provided in 300-40-1-5. The GRDA may then process the applications, evenly divide the numbers of licenses among the proper applications and issue them in February. If there are remaining licenses that are unable to be issued equally among applicants, the CEO may implement a random draw lottery process for the remaining licenses.

(5) Except for temporary licenses, new licenses shall not be issued unless the number of licenses renewed in the previous year was below the number authorized in 300:40-1-5.

(6) Use of Public Access Areas owned or controlled by the GRDA may be denied by the CEO based on expected adverse impacts to the Public Access Areas, on historical usage and regulatory compliance considerations and on the user's cooperation with other users.

(d) Application for such licenses shall be made on the form prescribed by the GRDA which shall include:

(1) The name and address of the Commercial Float Operation;

(2) The name and address of the owner or owners thereof;

(3) A description of lands owned or leased, and/or intended for use in the operation, including the launch and retrieval points;

(4) An inventory of usable Vessels containing the following information: vessel type, manufacturer and model, color, serial number, and inventory number;

(5) A description of how the requirements of paragraph (h) of this section will be met; and

(6) An agreement to abide by all State laws and all GRDA rules and regulations.

(e) Licenses shall be issued in such form as is prescribed by the CEO, and shall be displayed on the right front (starboard bow) of Vessels that have bows or conspicuously on the outside surface area above the water line of Vessels without a discernable bow. If licenses are lost, the CEO may collect the reasonable replacement value of the licenses from the Commercial Operator needing replacement licenses.

(f) Licenses granted by this Chapter shall not be transferable between Commercial Float Operations or Operators. Prior to a transfer being made, notice must be given to and approval must be received from the CEO.

(g) The number of Vessels to be licensed for commercial use shall be limited as provided in 300:40-1-5.

(h) All Commercial Float Operators must:

(1) Maintain clean and sanitary facilities.

(2) Ensure that all Vessels and rental equipment are in a safe, serviceable condition prior to renting to the Floating Public.

(3) Provide access to toilet facilities to the Floating Public.

(4) Provide trash bags and disposal information to all customers.

(5) Conspicuously post signage on business premises and at launch points warning the Floating Public regarding:

(A) Vessels may not be tied together;

(B) No trespassing;

(C) Water safety;

(D) Properly discard trash in trash bags or cans;

(E) Alcoholic spirits are prohibited on the Scenic Rivers and in public access areas;

(F) Drunk and disorderly conduct is cause for arrest.

(6) All signs placed along the river corridor shall be informational in nature and shall comply to standards established by the GRDA.

(7) Display on each Vessel the name of the Commercial Float Operation and an identification number at least three (3) inches high and two (2) inches wide on both the right and left sides (port and starboard sides), or once if it has no sides.

(8) Assist in river and bank clean-up in their float area at least once each week during all weeks their Vessels are operated on the river. Operators must also immediately notify GRDA of any navigational hazards on the river and provide assistance to GRDA as needed.

(9) Provide, in each Vessel used, at least one U.S. Coast Guard approved wearable personal flotation device (life jacket) in good and serviceable condition for each person on board so placed as to be readily accessible and of a size suitable to the person who is or will be wearing it.

(10) The GRDA can better protect the river and deploy its resources with knowledge of how many people are floating the river during various times. Accordingly, each Operator shall track and report monthly to the CEO the number of their customers per commercial float area from May through September.

(11) All vehicular equipment owned or operated by a Commercial Float Operator or Operation, including trailers, must be properly registered, licensed, insured, and operated in accordance with all federal and state law and regulations. All vehicular equipment used must be in sound mechanical condition and trailer lights must light up when vehicle brakes are applied. In the event a school bus is put into service for the use of transporting (shuttling) visitors, the words "School Bus", the extension arm "Stop" sign, and all flashing lights must be removed, as required by applicable laws. Shuttle drivers must have the appropriate class of license for the vehicle being driven.

(i) Non-profit organizations may elect to obtain temporary licenses for their Vessels as commercial Vessels provided they do not exceed the float area restrictions of the Scenic Rivers as described in 300:40-1-5.

Okla. Admin. Code § 300:40-1-4

Adopted by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022

Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023