Okla. Admin. Code § 300:40-1-5
Current through Vol. 42, No. 4, November 1, 2024
Section 300:40-1-5 - Limitation on licensing of Flotation Devices(a) It is the intent of the GRDA in issuing commercial flotation licenses to protect the ecosystem and environment and the aesthetic, scenic, historic, archaeologic, and scientific features of the Scenic River areas as well as the public health and safety of individuals using the Scenic River areas.(b) It is the determination of the GRDA that at this time the Scenic Rivers cannot assimilate the damages to their ecosystems, environments, and aesthetic, scenic, historic, archaeologic, and scientific features if more than 3,900 licenses are issued. Further, the protection of public health and safety requires that the GRDA not grant additional licenses.(c) The GRDA recognizes the current interests and property rights of persons with respect to Vessels presently available for hire within its jurisdiction subject to the GRDA Commercial Float Area limitations. The number of such devices shall be set at a maximum of 3,900 for the combined Scenic River areas.(d) Any licensing of Vessels in excess of said 3,900 shall be subject to approval of the GRDA. In order to receive an excess license, an applicant must reasonably demonstrate there will not be an adverse impact on the waterways within the jurisdiction of the GRDA. Such additional licensing shall be determined on the basis of density of current usage, number of licenses requested, and other considerations necessary for river protection.(e) In the event the GRDA determines that the requested licenses may harm the ecosystem, environment, or aesthetic, scenic, historic, archaeologic or scientific features of the section of the river for which the licenses are sought, the GRDA shall deny the issuance of any licenses irrespective of the number of licenses currently issued. The GRDA shall also deny the issuance of any licenses irrespective of the number of licenses currently issued in circumstances when, in the opinion of the CEO, the health and safety of individuals floating on the river may be threatened by the addition of new Vessels. Any license issued above 3,900 in any calendar year shall be temporary, for a stated period of time, and shall not be renewed during the annual licensing process.(f) No person, business, group, or other entity may offer Vessels or related services for use by the general public on the Scenic Rivers with the intent to profit without obtaining a commercial flotation license.(g) The Illinois River Scenic River area is divided into the following sections for Commercial Flotation Operation and licensing purposes: (1) From the Arkansas-Oklahoma state boundary (Illinois River mile 0) southward to Round Hollow Public Access Area (Illinois River mile 27.7) shall be known as GRDA Commercial Float Area One (GRDA CFA One).(2) From Chewey Bridge (Illinois River Mile 23.6) southward to the No Head Hollow Public Access Area (Illinois River Mile 41.5) shall be known as GRDA Commercial Float Area Two (GRDA CFA Two).(3) From Comb's Bridge (Illinois River mile 36.1) southward to and including the confluence of the Barren Fork Creek with the Illinois River shall be known as GRDA Commercial Float Area Three (GRDA CFA Three).(h) Commercial Vessels may only be floated in the commercial float area where they are licensed. Non-profit groups and persons wishing to engage in extended overnight float trips for the purposes of camping and/or fishing along the Scenic Rivers may float in areas outside of their licensed areas so long as a float plan is filed with the CEO and his approval is received.(i) The operation of a commercial Vessel within a GRDA Commercial Flotation Area in violation of 300:40-1-5, shall subject that Commercial Float Operation to a fine not to exceed One Hundred Dollars ($100.00).Okla. Admin. Code § 300:40-1-5
Adopted by Oklahoma Register, Volume 39, Issue 24, September 1, 2022, eff. 9/11/2022Amended by Oklahoma Register, Volume 40, Issue 24, September 1, 2023, eff. 9/11/2023