Section R650-206-2 - Outfitting Company Responsibilities(1)(a) Except where exempted by Section R650-206-9, each outfitting company carrying passengers for hire on the waters of this state shall, before commencing operations, make an annual application for a license with the division.(b) An outfitting company shall include in its license application:(i) a completed application on a form provided by the division;(ii) evidence of a current and valid business license;(iii) a list of the outfitting company agents;(iv) evidence of general liability insurance coverage; and(v) payment of the license application fee.(c) An outfitting company's license shall expire annually on December 31.(2)(a) The division shall issue a license in the outfitting company's name if the division determines an outfitting company's application meets the requirement of Subsection (1).(b) An outfitting company shall display its license in a prominent location at its place of business such that the license is clearly visible to persons and passengers who enter the place of business.(c) An outfitting company using a Doing Business As (DBA) shall list the DBA on the outfitting company's license application.(d) An outfitting company that forms a new DBA after the division issues a license shall notify the division, in writing, of the new DBA within ten days of the formation of the new DBA.(e) An outfitting company license is not transferable.(f) The division shall issue an outfitting company license electronically within a reasonable time not to exceed 10 days after the division receives an application that meets the requirements of Subsection (1).(g) The division shall send a license to the email address provided by the outfitting company in its application.(3) An outfitting company's agent shall certify that the elements of a certificate of compliance have been fulfilled.(4) An outfitting company's agent shall certify each trip leader or guide authorized by the outfitting company has:(a) obtained the minimum level of required vessel operation experience; and(b) obtained the appropriate first aid and CPR certificates. (5)(a) An outfitting company's agent shall certify that a trip manifest is created for each trip and that the trip leader retains a copy of the manifest such that it is available during the trip.(b) The outfitting company shall keep a copy of the trip manifest on file for six years after the conclusion of the trip for which it was generated.(6) An outfitting company shall have a written policy describing a program for a drug free workplace.(7) An outfitting company shall maintain a trip log for each of its trip leaders and guides.(8) For each trip conducted by the company, an outfitting company shall maintain a trip manifest that contains: (a) the name, address, and phone number of the outfitting company;(b) the name and date of birth of each trip leader and guide assigned to the trip;(c) the trip departure and arrival locations with departure and arrival dates and times; and(d) a list of all trip passengers.(9) An outfitting company shall maintain a daily log or a trip operation log for each of its vessels.(10) A trip leader assigned by the outfitting company shall accompany every commercial trip.(11)(a) An outfitting company shall ensure that a trip leader or guide conducts a vessel safety check and a passenger orientation before embarking on a trip.(b) The vessel safety check under Subsection (a) shall include an inspection of:(i) a vessel's required carriage of safety equipment;(ii) a vessel's communication systems;(iii) the operation and control of the vessel's steering controls and propulsion system; and(iv) the vessel's navigation lights if the vessel will operate between sunset and sunrise.(c) The passenger orientation under Subsection (a) shall include:(ii) a discussion of safety protocols and emergency operations;(iii) a discussion of the conditions of weather, river, terrain, equipment, travel, housing, and vessels that passengers may expect to encounter during the trip;(iv) a discussion of the personal equipment, clothing, and gear that passengers should have for the trip;(v) an explanation of the proper fit, wearing, and use of personal flotation devices;(vi) an explanation of passenger riding and positioning in the vessel;(vii) a discussion of safety procedures for swimming through river rapids and getting back in the vessel;(viii) instructions on what to do in the event of a vessel accident; and(ix) a discussion of sanitation, litter prevention, and human refuse disposal.(12) An outfitting company shall ensure that each vessel in its fleet is equipped with any safety equipment required safety equipment.(13) An outfitting company shall maintain each vessel in its fleet according to good marine practices and standards.(14) An outfitting company shall ensure that each vessel used in the service of carrying passengers for hire meets any required maintenance and inspection requirements.(15) An outfitting company shall maintain a file of its maintenance and inspections of each vessel in its fleet, or for the components and equipment that configure a river trip vessel in its fleet that are required to be inspected.(16) An outfitting company shall retain maintenance and inspection files so long as the vessel is in the service of carrying passengers for hire and for six years thereafter.(17) The owner of a vessel that carries passengers for hire shall maintain general liability insurance with policy terms and limits acceptable to the division.(18) Upon request of an agent of the division, an outfitting company shall provide the division with a copy of the company's:(a) liability insurance policy;(b) drug free workplace policy;(d) trip authorization permits;(e) vessel maintenance and inspection files; and(f) trip leader and guide trip logs.(19) Any outfitting company vessel that operates on Bear Lake, Flaming Gorge, or Lake Powell, or a river flowing into Utah, is not required to obtain, and display the Utah license required by this section if:(a) the outfitting company possesses a certificate of outfitting company registration, or similar license, or permit, issued by another state with registration or licensing requirements like Utah's;(b) the outfitting company registration, or similar license or permit described in Subsection (a) is acceptable to the division; and(c)(i) the outfitting company's trip embarks and disembarks from the out-of-state portion of the lakes, and when less than 25% of each trip is conducted on the Utah portion of the lake; or(ii) the outfitting company's river trips originates on an out-of-state portion of a river flowing into Utah and terminates at the first available launch ramp or take-out in Utah.(20)(a) For vessels operating on the Colorado River where a river trip originates in Colorado, the first available Utah take-out is the Westwater Ranger Station launch ramp or take-out.(b) For vessels operating on the Dolores River where a river trip originates in Colorado, the first available Utah take-out is the Dewey Bridge launch ramp/take-out on the Colorado River.(c) For vessels operating on the Green River where a river trip originates in Wyoming, the first available Utah take-out is the Split Mountain launch ramp or take-out.(d) For vessels operating on the San Juan River where a trip originates in Colorado or New Mexico, the first available Utah take-out is the Montezuma Creek launch ramp or take-out.(21) An inspector may perform the annual dockside inspection for river trip vessels at the outfitting company's place of business.(22) An inspector may perform the five-year dry dock inspection for float trip vessels at the outfitting company's place of business.Utah Admin. Code R650-206-2
Adopted by Utah State Bulletin Number 2024-02, effective 1/9/2024