No. 43497 (Amendment): Rule R651-206. Carrying Passengers for Hire

(Amendment)

DAR File No.: 43497
Filed: 02/01/2019 10:03:09 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Carrying Passengers for Hire (CPFH) program is administered by the Division of Parks and Recreation (Division) and the Division is mandated to create rules to provide safety to the commercial side of boating in Utah. The Division strives to ensure the safety and enjoyment of paying customers gaining access to Utah's waterways by providing professional licensing for commercial outfitters and guides. In the past five years, the Division has made small but significant changes to commercial boating, specifically regarding the licensing of on the water guides. The shift of responsibility in verifying a guides experience on the water, their first aid, and CPR credentials has been transitioning slowly over to the outfitters; they hire; they train; and they verify. Currently, the Division tests the guides on Utah's commercial boating rules through a proctored test and issue a card. The Division issues 500 - 700 licenses annually. These licenses expire every five years or when a guide makes a change to the endorsement on their license. The Division has a redundancy in entering application information two - three times before a licensed guide receives their card in the mail. This process has become very costly and time consuming. The Division's outdated database is in dire need of an expensive face lift.

Summary of the rule or change:

The Division's proctored guide tests are located at every college campus in Utah and several outside the state are frequently failing to be administered due to database crashes. The Division has resorted to sending paper copies in order to keep the process limping along. The Division has become less efficient and has been asked for years by the Department of Natural Resources and constituents to simplify the way the Division does business in the commercial boating world without losing the commercial standard of safety on the water. The rule amendment transfers the responsibility of guide authorizations onto the outfitter and removes the obligation of issuing a guides license and administered proctored test from the Division. It also includes a requirement for referencing national advanced first aid and CPR course educational standards.

Statutory or constitutional authorization for this rule:

Subsection 73-18-7(18)(d)

Anticipated cost or savings to:

the state budget:

In FY 2018, the Division was at a net loss of approximately $4,418.60. Guide licensing revenue generated approximately $29,500. Expenses totaled approximately $33,918.66. $33,918.66 - $29,500 = $4,418.60 loss. The elimination of state issued testing and guide licensing altogether should provide a net gain of approximately $4,418.60. This is an estimate based on the number of new and existing guides seeking additional endorsements, or renewals to their guide license. These rule changes will eliminate guide licensing and is expected to decrease the cost of maintaining the CPFH program by an estimated $2,209.30 for half of FY 2019, and $4,418.60 for FY 2020 and FY 2021.

local governments:

No local governments costs are known. This is for guides licensed by the state of Utah and does not affect local governments.

small businesses:

In FY 2018, there were 581 guides that applied for a guide license. Licenses cost $50 per applicant. $50 x 581 = $29,050. The Division estimates 50% of companies pay the fee for the guide license. $29,050 divided by 2 = $14,525. Prior to this rule change, the fiscal cost was $14,525. With these rule changes, the anticipated fiscal benefit will be approximately $7,262.50 for half of FY 2019, and $14,525 for FY 2020 and FY 2021.

persons other than small businesses, businesses, or local governmental entities:

In FY 2018, there were 581 guides that applied for a guide license. Licenses cost $50 per applicant. 581 guides applied. $50 x 581 = $29,050. The Division estimate 50% of companies pay the fee for the guide license. $29,050 divided by 2 = $14,525. Also, on average, a guide will spend 30 minutes and travel 20 miles to test at a testing center at 0.37 cents a mile. 20 x 0.37 = 7.40 x 581 = $4,299.40 + $14,525 = $18,824.40. 25% of guides spend $10 on an additional endorsement. 581 divided by 4 = 145.25 x $10 = $1,452.50 + $18,824.40 = $20,276.90. With these rule changes, the anticipated fiscal benefit will be approximately $10,138.45 for FY 2019, and $20,276.90 for FY 2020 and 2021. With these rule changes, the anticipated total fiscal benefit will be approximately $19,610.25 for half of FY 2019, and $39,220.25 for FY2020 and FY 2021.

Compliance costs for affected persons:

Compliance costs for affected persons could be as follows: In FY 2018, there were 581 guides that applied for a guide license. Licenses cost $50 per applicant. 581 guides applied. $50 x 581 =$29,050. The Division estimates 50% of companies pay the fee for the guide license. $29,050 divided by 2 = $14,525. Also, on average, a guide will spend 30 minutes and travel 20 miles to test at a testing center at 0.37 cents a mile. 20 x 0.37 = 7.40 x 581 = $4,299.40 + $14,525 = $18,824.40. 25% of guides spend $10 on an additional endorsement. 581 divided by 4 = 145.25 x $10 = $1,452.50 + $18,824.40 = $20,276.90.

Comments by the department head on the fiscal impact the rule may have on businesses:

Businesses have asked for these changes in this rule and are supportive.

Michael R. Styler, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Natural Resources
Parks and RecreationRoom 116
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

Direct questions regarding this rule to:

Tammy Wright at the above address, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

03/18/2019

This rule may become effective on:

03/25/2019

Authorized by:

Jeff Rasmussen, Acting Director

RULE TEXT

Appendix 1: Regulatory Impact Summary Table*

Fiscal Costs

FY 2019

FY 2020

FY 2021

State Government

$16,959.33

Local Government

Small Businesses

$7,262.50

Non-Small Business

Other Person

$10,138.45

Total Fiscal Costs:

$34,360.28

Fiscal Benefits

State Government

$19,168.63

$4,418.60

Local Government

Small Businesses

$14,525

Non-Small Businesses

Other Persons

$20,276.90

Total Fiscal Benefits:

$19,610.25

$39,220.50

Net Fiscal Benefits:

$19,610.25

$39,220.50

*This table only includes fiscal impacts that could be measured. If there are inestimable fiscal impacts, they will not be included in this table. Inestimable impacts for State Government, Local Government, Small Businesses and Other Persons are described above. Inestimable impacts for Non-Small Businesses are described below.

Appendix 2: Regulatory Impact to Non-Small Businesses

These proposed changes to Rule R651-206 are not expected to have any fiscal impact on non-small businesses' revenues or expenditures, because there are no services required from them in order to implement this rule.

The Executive Director of the Department of Natural Resources, Michael Styler, has reviewed and approved this fiscal analysis.

R651. Natural Resources, Parks and Recreation.

R651-206. Carrying Passengers for Hire.

[~~R651-206-1. Definitions.~~

~~(1) "Agent" means a person(s) designated by an outfitting company to act in behalf of that company in certifying:~~

~~(a) The verification of a license or permit applicant's vessel operation experience, appropriate first aid and CPR certificates and identifying information.~~

~~(b) The verification of an annual dockside or a five-year dry dock inspection of a vessel.~~

(2) "Certificate of maintenance and inspection" means a document produced by the Division and signed by a marine or vessel inspector and an agent of the outfitting company that a vessel has met the requirements of a required inspection. For river trip vessels, the certificate of maintenance and inspection will be issued to the outfitting company and not an individual vessel.

(3) "Certificate of outfitting company registration" means a document produced by the Division annually, indicating that an outfitting company is registered and in good standing with the Division.

~~(4) "Certifying experience" means vessel operation or river running experience obtained within ten years of the date of application for the license or permit.~~

~~(5) "CFR" means U.S. Code of Federal Regulations.~~

(6) "Deck rail" means a guard structure at the outer edge of a vessel deck consisting of vertical solid or tubular posts and horizontal courses made of metal tubing, wood, cable, rope or suitable material.

(7) "Dockside inspection" means an annual examination of a vessel when the vessel is afloat in the water so that all of the exterior of the vessel above the waterline and the interior of the vessel may be examined. For river trip vessels, the annual dockside inspection may be performed at the company's place of business.

(8) "Dry dock inspection" means an examination of a vessel, conducted once every five years, when the vessel is out of the water and supported so all the exterior and interior of the vessel may be examined. For float trip vessels, the five-year dry dock inspection may be performed at the company's place of business.

~~(9) "Flatwater River Area" means all river sections defined in R651-215-10.~~

(10) "Good marine practices and standards" means those methods and ways of maintaining, operating, equipping, repairing and restructuring a vessel according to commonly accepted standards, including 46 CFR, the American Boat and Yacht Council, the American Bureau of Shipping, the National Marine Manufacturers Association, and other appropriate generally accepted standards as sources of reference.

~~(11) "License" means a Utah Carrying Passengers for Hire (CPFH) License or a U.S. Coast Guard Master's License.~~

~~(12) "Low capacity vessel" means a manually propelled vessel designed or intended to carry no more than two occupants.~~

(13) "Marine inspector" means a person who has been trained to perform a dry dock inspection and is registered with the Division as a person who is eligible to perform a dry dock inspection of a vessel.

~~(14) "Permit" means a Utah Carrying Passengers for Hire (CPFH) Crew Permit.~~

(15) "River trip vessel" means a vessel, or the components and equipment used to configure such a vessel that is designed to be operated on a whitewater river or section of river. A river trip vessel may be a raft with inflatable chambers or a configuration of metal and/or wood frames, straps or chains, and inflatable pontoon tubes that are integral in maintaining the flotation, structural integrity and general seaworthiness of the vessel.

~~(16) "Racing shell" means a long, narrow watercraft outfitted with long oars and sliding seats; and specifically designed for racing or exercise.~~

~~(17) "Sole state waters," means all waters of this state, except for the waters of Bear Lake, Flaming Gorge and Lake Powell.~~

~~(18) "Towing for hire" means the activity of towing vessels or providing on-the-water assistance to vessels for consideration.~~

~~(a) Towing for hire is considered carrying passengers for hire~~

~~(b) Towing for hire does not include a person or entity performing salvage or abandoned vessel retrieval operations.~~

(19) "Vessel inspector" means a person who has been trained to perform a dockside inspection and is registered with the Division as a person who is eligible to perform a dockside inspection on a vessel.

~~(20) "Whitewater river" all rivers not designated as a flatwater river area or other Division recognized whitewater rivers in other states.~~

~~R651-206-2. Outfitting Company Responsibilities.~~

(1) Each outfitting company carrying passengers for hire on waters of this state shall register with the Division annually, prior to commencement of operation. Outfitting companies include, but are not limited to, fishing guides, waterski or sailing schools, river trip companies and tour boat operators.

~~(a) Outfitting company registration with the Division requires the completion of the prescribed application form and providing the following:~~

~~(i) Evidence of a current and valid business license;~~

~~(ii) Evidence of a current and valid river trip authorization(s), Special Use Permit(s), or performance contract(s)issued by an appropriate federal or state land managing agency;~~

~~(iii) Evidence of general liability insurance coverage; and~~

~~(iv) Payment of a $150 fee for an outfitting company whose place of business is physically located within the State of Utah, or~~

~~(v) Payment of a $200 fee for an outfitting company whose place of business is physically located outside of the State of Utah.~~

(b) Owners and employees of a migratory bird production area created under Title 23, Chapter 28, Migratory Bird Production Area and operating within that Migratory Bird Production Area shall not be considered an outfitting company.

(2) Upon successful registration with the Division, the Division shall issue a certificate of outfitting company registration in the name of the outfitting company. An outfitting company shall display its certificate of outfitting company registration at its place of business in a prominent location, visible to persons and passengers who enter the place of business.

~~(3) An agent of an outfitting company shall certify that each license or permit applicant sponsored by the outfitting company has:~~

~~(a) Obtained the minimum levels of required vessel operation experience corresponding to the type of license or permit applied for;~~

~~(b) Obtained the appropriate first aid and CPR certificates; and~~

~~(c) Completed the prescribed application form with true and correct identifying information.~~

(4) An outfitting company's annual registration with the Division may be suspended, denied, or revoked for a length of time determined by the Division director, or an individual designated by the Division director, if one of the following occurs:

~~(a) The outfitting company's, or agent's negligence caused personal injury or death as determined by due process of law;~~

~~(b) The outfitting company or agent is convicted of three violations of Title 73, Chapter 18, or rules promulgated thereunder during a calendar year period;~~

~~(c) False or fictitious statements were certified or false qualifications were used to qualify a person to obtain a license or permit for an employee or others;~~

~~(d) The Division determines that the outfitting company intentionally provided false or fictitious statements or qualifications when registering with the Division;~~

~~(e) The outfitting company has utilized a private trip permit for carrying passengers for hire and has been prosecuted by the issuing agency and found guilty of the violation;~~

~~(f) The outfitting company used a vessel operator without a valid license or permit or without the appropriate license or permit while engaging in carrying passengers for hire; or~~

~~(g) The outfitting company is convicted of violating a resource protection regulation or public safety regulation in effect by the respective land managing and/or access permitting agency.~~

~~(5) An outfitting company shall have a written policy describing a program for a drug free workplace.~~

~~(6) An outfitting company shall maintain a training log for each of its vessel operators.~~

~~(7) An outfitting company shall maintain a voyage plan and a passenger manifest, on shore, for each trip or excursion the company conducts.~~

~~(8) An outfitting company shall maintain a daily or trip operations log for each of its vessels.~~

~~(9) An outfitting company shall ensure that each of its vessel operators conducts a check of the vessel he or she will be operating. The vessel check shall include:~~

~~(a) Passenger count;~~

~~(b) A discussion of safety protocols and emergency operations with passengers on board the vessel;~~

~~(c) A check of the vessel's required carriage of safety equipment;~~

~~(d) A check of the vessel's communication systems;~~

~~(e) A check of the operation and control of the vessel's steering controls and propulsion system; and~~

~~(f) A check of the vessel's navigation lights, if the vessel will be operating between sunset and sunrise.~~

~~(10) An outfitting company shall ensure that each vessel in its fleet is equipped with the required safety equipment.~~

~~(11) An outfitting company shall maintain each vessel in its fleet according to good marine practices and standards.~~

(a) The outfitting company shall ensure that each vessel used in the service of carrying passengers for hire meets the maintenance and inspection requirements, if such inspections are required of a vessel.

(b) The outfitting company shall maintain a file of its maintenance and inspections for each vessel, or the components and equipment that configure a river trip vessel, that is required to be inspected in its fleet. Maintenance and inspection files shall be maintained for the duration in which the vessel is in the service of carrying passengers for hire, plus one additional year.

~~(12) The owner of a vessel carrying passengers for hire, shall carry general liability insurance. The insurance coverage shall be determined by the permitting agency.~~

~~(13) Upon request of an agent of the Division, an outfitting company shall provide the Division with a copy of the company's:~~

~~(a) Drug free workplace policy;~~

~~(b) A passenger manifest and trip voyage plan;~~

~~(c) Trip Authorization permit;~~

~~(d) A vessel's maintenance and inspection files; or~~

~~(e) A vessel operator's training log.~~

(14) An outfitting company that is registered to carry passengers for hire in another state and possesses a state-issued certificate of outfitting company registration, or similar license, permit or registration accepted and recognized by the Division, where the state has similar outfitting company registration provisions, shall not be required to obtain and display a Utah certificate of outfitting company registration as required by this section when:

(a) Operating vessels on Bear Lake, Flaming Gorge, and Lake Powell where a trip embarks and disembarks from the out-of-state portion of the lake and less than 25 percent of a trip is conducted on the Utah portion of the lake.

~~(b) Operating vessels on rivers flowing into Utah where the river trip originates out-of-state and terminates at the first available launch ramp/take-out.~~

~~(i) For vessels operating on the Colorado River, the first available take-out is the Westwater Ranger Station launch ramp/take-out.~~

~~(ii) For vessels operating on the Dolores River, the first available take-out is the Dewey Bridge launch ramp/take-out on the Colorado River.~~

~~(iii) For vessels operating on the Green River, the first available take-out is the Split Mountain launch ramp/take-out.~~

~~(iv) For vessels operating on the San Juan River, the first available take-out is the Montezuma Creek launch ramp/take-out.~~

~~R651-206-3. Utah Carrying Passengers for Hire (CPFH) License and Utah Crew Permit.~~

(1) No person shall operate a vessel engaged in carrying passengers for hire on sole state waters unless that person has in his possession a valid and appropriately endorsed Utah CPFH License or Utah Crew Permit issued by the Division, or a valid and appropriately endorsed U.S. Coast Guard Master's License.

(a) When carrying passengers for hire on a motorboat on the waters of Bear Lake, Flaming Gorge or Lake Powell, the operator must have a valid and appropriately endorsed U.S. Coast Guard Master's License.

~~(b) A Utah CPFH License is valid on the waters of Bear Lake, Flaming Gorge, and Lake Powell when the holder is carrying or leading persons for hire on non-motorized vessels.~~

(c) A Utah CPFH License or Utah Crew Permit, with the appropriate river endorsement, is valid when operating a vessel exiting from a river to the first appropriate and usable take-out or launch ramp on a lake or reservoir.

(d) A boat operator, carrying passengers within a migratory bird production area created under Title 23, Chapter 28, Migratory Bird Production Area shall comply with the guidelines for safe boat operation adopted by the management of the Migratory Bird Production Area.

~~(2) License and Permit Requirements.~~

(a) The license or permit must be accompanied by current and appropriate first aid and CPR certificates. A photocopy of both sides of the first aid and CPR certificates is allowed when carrying passengers for hire on rivers.

~~(b) A license with a "Lake and Reservoir Captain" or instructor endorsement is required when carrying passengers for hire on any lake or reservoir.~~

~~(c) A license with a "Tow Vessel Captain" endorsement is required when towing or assisting other vessels for hire on waters of this state.~~

~~(d) A license with a "Whitewater River guide" endorsement is required when carrying passengers for hire on any river section, including "whitewater," and "flatwater" river designations.~~

~~(e) A license with a "Flatwater River Guide" endorsement is required when carrying passengers for hire on any Flatwater river area.~~

(f) A permit with a "Lake and Reservoir Crew" endorsement is valid only when the holder is accompanied, on board the vessel, by a qualified license holder with a "Lake and Reservoir Captain" endorsement.

~~(g) A permit with a "Tow Vessel Crew" endorsement is valid only when the holder is accompanied, on board the vessel, by a qualified license holder with a "Tow Vessel Captain" endorsement.~~

~~(h) A permit with a "Whitewater River Crew" endorsement is valid only when the holder is accompanied on the river trip, by a qualified license holder with a "Whitewater River Guide" endorsement.~~

(i) A permit with an "Flatwater River Crew" endorsement is valid only when the holder is accompanied on the river trip, by a qualified license holder with either a "Whitewater River Guide" or "Flatwater River Guide" endorsement.

~~(j) All Boatman Permits issued by the Division are expired.~~

~~(3) Requirements to obtain a CPFH License.~~

~~(a) The applicant shall be at least 18 years of age as of the date the application is received by the Division.~~

~~(b) The applicant shall complete the prescribed application form.~~

~~(i) Information on the application form must be verified by an agent of the employing/sponsoring outfitting company.~~

~~(ii) The completed application form must be signed by the applicant and by an agent of the employing/sponsoring outfitting company.~~

~~(iii) For persons who are applying for their first license, the application, testing, and issuance of the license shall be done in a manner accepted by the Division.~~

~~(c) The applicant shall pay a $50 application fee for the license and first endorsement. A fee of $10 will be charged for each additional license endorsement.~~

~~(d) The applicant shall choose from the five types of license endorsements:~~

~~(i) Lake and Reservoir Captain LRC~~

~~(ii) Lake and Reservoir Instructor (LRI)~~

~~(iii) Tow Vessel Captain TVC~~

~~(iv) Whitewater River Guide (WRG)~~

~~(v) Flatwater River Guide FRG~~

~~(e) The applicant shall provide an original proof of current and valid first aid and CPR certifications:~~

(i) The first aid certificate must be issued for an "Emergency Response" course or an equivalent course from a reputable provider whose curriculum is in accordance with the USDOT First Responder Guidelines or the Wilderness Medical Society Guidelines for Wilderness First Responder.

(ii) The CPR certificate must be issued for an American Red Cross, American Heart Association, American Safety and Health Institute, National Safety Council CPR or BLS course, or an equivalent course from a reputable provider whose curriculum is in accordance with the most current Consensus on Science for Cardiopulmonary Resuscitation (CPR) and Emergency Cardiovascular Care (ECC).

(iii) First aid and CPR certificates must include the following information: name, or title of the course; course provider; length of certification; name of the person certified and legible name of the course instructor.

(f) A Utah Vessel Operator Permit holder, whose permit was issued prior to January 1, 2008, and who is renewing and converting their permit to a Utah CPFH License, is exempt from showing proof of completion of a National Association of State Boating Law Administrators (NASBLA) approved boating safety course.

~~(g) The applicant shall complete a multiple-choice, written examination administered by an agent of the Division:~~

~~(i) 80 percent correct is required to pass.~~

~~(ii) In relation to the respective endorsement, the examination will have a specific focus on the carrying passengers for hire laws and rules along with general safety, etiquette and courtesy.~~

~~(iii) If an applicant fails to pass the exam, there is a seven-day waiting period to re-test, and~~

~~(iv) Pay a $15 fee for each re-test.~~

~~(h) The applicant shall provide documentation of vessel operation experience that has been obtained within 10 years previous to the date of application.~~

(i) Lake and Reservoir Captain LRC - a minimum of at least 80 hours of actual vessel operation experience. At least 40 of these hours must be obtained while operating the vessel, or a similar vessel, that will be carrying passengers for hire on the specific lake or reservoir on which the operator will be carrying passengers for hire. The applicant shall provide proof of successful completion of a NASBLA approved boating safety course.

(ii) Lake and Reservoir Instructor (LRI) - a minimum of at least 40 hours of actual vessel operation experience. At least 10 of these hours must be obtained through mentored coaching while operating the vessel, or a similar vessel, that will be carrying passengers for hire on the specific lake or reservoir on which the instructor will be carrying passengers for hire.

(iii) Tow Vessel Captain (TVC) - A minimum of at least 80 hours of actual vessel operation experience. At least 40 of these hours must be obtained while operating the vessel, or a similar vessel, that will be towing for hire on the specific lake or reservoir on which the operator will be towing vessels for hire. The applicant shall provide proof of successful completion of a NASBLA approved boating safety course.

(iv) Whitewater River Guide (WRG) - A minimum of nine river trips on whitewater river sections. At least one of these trips must be obtained while operating the vessel, or similar vessel, on the respective river section on which the operator will be carrying passengers for hire. A Whitewater River Guide endorsement meets the requirements for an Flatwater River Guide endorsement.

Flatwater River Guide (FRG) - A minimum of six river trips on any river section. At least one of these trips must be obtained while operating the vessel or similar vessel, on the respective river section on which the operator will be carrying passengers for hire.

~~(4) A Utah CPFH License is valid for a term of five years. The license will expire five years from the date of issue, unless suspended or revoked.~~

~~(a) A Utah CPFH License may be renewed within the six months prior to its expiration.~~

(b) To renew a Utah CPFH License, the applicant must complete the prescribed application form along with adhering to the requirements described above. A current license holder may renew his license in a manner accepted by the Division

~~(c) The renewed license will have the same month and day expiration as the original license.~~

~~(d) A Utah License that has expired shall not be renewed and the applicant shall be required to apply for a new license.~~

~~(5) Requirements to obtain a Utah Crew Permit.~~

~~(a) The applicant shall be at least 18 years of age as of the date the application is received by the Division.~~

~~(b) The applicant shall complete the prescribed application form.~~

~~(i) Information on the application form must be verified by an agent of the employing/sponsoring outfitting company.~~

~~(ii) The completed application form must be signed by the applicant and by an agent of the employing/sponsoring outfitting company.~~

~~(iii) For persons who are applying for their first Crew Permit, the application and issuance of the Crew Permit shall be done in a manner accepted by the Division.~~

~~(c) The applicant shall pay a $50 application fee for the original permit and first endorsement. A $10 fee shall be charged for each additional crew permit endorsement.~~

~~(d) The applicant shall choose from the four types of permit endorsements:~~

~~(i) Lake and Reservoir Crew (LRCP)~~

~~(ii) Tow Vessel Crew TVCP~~

~~(iii) Whitewater River Crew (WRCP)~~

~~(iv) Flatwater River Crew FRCP~~

~~(e) The applicant shall provide original proof of current and valid first aid and CPR certifications:~~

~~(i) The first aid certificate must be issued from a reputable provider whose curriculum is in accordance with the USDOT "Standard" First Aid.~~

~~(f) The applicant shall provide documentation of vessel operation experience that has been obtained within the 10 years previous to the date of application.~~

(i) Lake and Reservoir Crew (LRCP) - A minimum of at least 20 hours of actual vessel operation experience. At least 10 of these hours must be obtained while operating the vessel, or a similar vessel, on which the operator will be carrying passengers for hire. The applicant shall provide proof of successful completion of a NASBLA approved boating safety course.

(ii) Tow Vessel Crew (TVCP) - A minimum of at least 20 hours of actual vessel operation experience. At least 10 of these hours must be obtained while operating the vessel, or a similar vessel, that will be towing for hire on the specific lake or reservoir on which the operator will be towing vessels for hire. The applicant shall provide proof of successful completion of a NASBLA approved boating safety course.

(iii) Whitewater River Crew (WRCP) - A minimum of three river trips on "whitewater" rivers or river sections similar to those they will be guiding on. At least one of these trips must be obtained while operating the vessel, or similar vessel, on the respective river or river section on which the operator will be carrying passengers for hire. A Whitewater River Crew endorsement meets the requirements for an Flatwater River Crew endorsement.

(iv) Flatwater River Crew (FRCP) - A minimum of three river trips on any river or river section. At least one of these trips must be obtained while operating the vessel on a respective river or river section on which the operator will be carrying passengers for hire.

~~(6) A Utah Crew Permit is valid for a term of five years. The permit will expire five years from the date of issue, unless suspended or revoked.~~

~~(a) A Utah Crew Permit may be renewed within the six months prior to its expiration.~~

(b) To renew a Utah Crew Permit, the applicant must complete the prescribed application form along with the requirements described above. A current permit holder may renew his license in a manner accepted by the Division.

~~(c) The renewed permit will have the same month and day expiration as the original permit.~~

~~(d) A Utah Crew Permit that has expired shall not be renewed and the applicant shall be required to apply for a new permit.~~

~~(e) A Utah Crew Permit holder who upgrades to a Utah License, within one year of when the permit was issued, shall receive a $25 discount on the fee for the Utah License.~~

~~(7) In the event a Utah CPFH License or a Utah Crew permit is lost or stolen, a duplicate license or permit may be issued with the same expiration date as the original license or permit.~~

~~(a) The applicant must complete the prescribed application form.~~

~~(b) The fee for a duplicate license or permit is $15.~~

~~(8) Current Utah CPFH License and Utah Crew Permit holders shall notify the Division within 30 days of any change of address.~~

(9) A Utah CPFH License or Utah Crew Permit may be suspended, revoked, or denied for a length of time determined by the Division director, or individual designated by the Division director, if one of the following occurs:

~~(a) The license or permit holder is convicted of three violations of the Utah Boating Act, Title 73, Chapter 18, or rules promulgated thereunder during a three-year period.~~

(b) The license or permit holder is convicted of driving under the influence of alcohol or any drug while carrying passengers for hire, or refuses to submit to any chemical test that determines blood or breath alcohol content resulting from an incident while carrying passengers for hire;

~~(c) The license or permit holder's negligence or recklessness causes personal injury or death as determined by due process of the law;~~

~~(d) The license or permit holder is convicted of utilizing a private trip permit to carry passengers for hire;~~

~~(e) The license or permit holder is convicted of violating a resource protection regulation or public safety regulation in effect by the respective land managing and/or access permitting agency.~~

~~(f) The Division determines that the license or permit holder intentionally provided false or fictitious statements or qualifications to obtain the license or permit.~~

(10) A Utah CPFH License or Utah Crew Permit holder shall not carry passengers for hire while operating an unfamiliar vessel or operating on an unfamiliar lake, reservoir, or river section, unless there is a license holder aboard who is familiar with the vessel and the lake, reservoir, or river section. An exception to this rule allows a license or permit holder to lead passengers for hire on a lake, reservoir, or a flatwater river area, as long as there is a license holder who is familiar with the vessel and the lake, reservoir, or river section and remains within sight of the rest of the group.

~~(11) Number of passengers carried for each license or permit holder.~~

~~(a) On a vessel that is carrying more than 49 passengers for hire, there shall be at least one license holder and one permit holder or two license holders on board.~~

~~(b) On a vessel carrying more than 24 passengers for hire, and operating more than one mile from shore, there shall be an additional license or permit holder on board.~~

~~(c) On a vessel carrying passengers for hire, there shall be a minimum of one license or permit holder on board for each passenger deck on the vessel.~~

~~(12) Low capacity vessels being led requirements.~~

~~(a) On all river sections, except as noted in Subsection (b) below, there shall be at least one qualified license or permit holder for every four low capacity vessels being led in a group.~~

(b) On lakes, reservoirs, there shall be at least one qualified license or permit holder for every eight low capacity vessels, or racing shells being led in a group; and flatwater river area, there shall be at least one qualified license or permit holder for every six low capacity vessels or racing shells being led in a group.

~~(13) A license or permit holder shall not operate a vessel carrying passengers for hire for more than 12 hours in a 24 hour period.~~

(14) A license or permit holder shall conduct a safety and emergency protocols discussion with passengers prior to the vessel getting underway. This discussion shall include the topics of water safety, use and stowage of safety equipment, wearing and usage of life jackets and initiating the rescue of a passenger(s).

(15) Vessel operators who are licensed or permitted to carry passengers for hire in another state, and possess a state-issued vessel captain's license, or similar license or permit accepted and recognized by the Division, where the state has similar vessel operator licensing provisions, shall not be required to obtain and possess a Utah CPFH License or Utah Crew Permit as required by this section.

~~R651-206-4. Additional PFD Requirements for Vessels Carrying Passengers for Hire.~~

(1) Type I PFDs are required. Each vessel shall have an adequate number of Type I PFDs on board, that meets or exceeds the number of persons on board the vessel. A Type V PFD may be used in lieu of a Type I PFD if the Type V PFD is approved for the activity in which it is going to be used.

(2) In situations where infants, children and youth are in enclosed cabin areas of vessels over 19 feet in length and not wearing PFDs, a minimum of ten percent of the wearable PFDs on board the vessel must be of an appropriate type and size for infants, children and youth passengers.

~~(3) Type I PFDs or Type V PFDs - used in lieu of the Type I PFD, must be listed for commercial use on the label.~~

(4) If PFDs are not being worn by passengers, and the PFDs are being stored on the vessel, the PFDs shall be stored in readily accessible containers that legibly and visually indicate their contents.

~~(5) Each PFD must be marked with the name of the outfitting company, in one-inch high letters that contrast with the color of the device.~~

(6) The Type IV PFD shall be a ring life buoy on vessels 26 feet or more in length. CPFH vessels on rivers are exempt from carrying a ring life buoy and must comply with R651-215-2 and R651-215-8.

~~(a) Vessels that are 40 feet or more in length shall carry a minimum of two Type IV PFDs.~~

~~(b) Ring life buoys shall have a minimum of 60 feet of line attached.~~

~~(7) If U.S. Coast Guard approved Type I PFDs are not available for infants under the weight of 30 pounds, Type II PFDs may be used, provided they are the correct size for the intended wearer.~~

~~(8) On rivers, any low capacity vessel operator or a working employee of the outfitting company, may wear a Type III PFD in lieu of the Type I PFD.~~

~~(9) On lakes and reservoirs, any low capacity vessel operator or a working employee may wear or carry, a Type III PFD may be carried or worn in lieu of the required Type I PFD.~~

~~(10) All passengers and crew members shall wear a PFD when a vessel is being operated in hazardous conditions.~~

~~(11) The license or permit holder is responsible for the passengers on his vessel to be in compliance with this section and R651-215.~~

~~R651-206-5. Additional Fire Extinguisher Requirements for Vessels Carrying Passengers for Hire.~~

(1) Each motorboat that carries passengers for hire, must carry a minimum of one type B-1 fire extinguisher. Vessels equipped solely with an electric motor, and not carrying flammable fuels on board, are exempt from this provision.

(2) Each motorboat that carries more than six passengers for hire and is equipped with an inboard, inboard/outboard, inboard jet, or direct drive gasoline engine, and carrying passengers for hire, shall have at least one fixed U.S. Coast Guard approved fire extinguishing system mounted in the engine compartment.

(3) Portable fire extinguishers shall be mounted in a readily accessible location, near the helm, away from the engine compartment. For motorized vessels operating on rivers, portable fire extinguishers may be stowed in a readily accessible location near the operator's position.

~~(4) For vessels carrying more than 12 passengers for hire or providing on board overnight passenger accommodations, smoke detectors shall be installed in each enclosed passenger area.~~

~~R651-206-6. Additional Equipment Requirements for Vessels Carrying Passengers for Hire.~~

~~(1) Emergency communications equipment.~~

(a) An outfitting company shall have appropriate communication equipment for contacting emergency services, or, have a policy and emergency communications protocols that describe the quickest and most efficient means of contacting emergency services, taking into consideration the remoteness of the area in which the vessel will be operated.

~~(b) For vessels traveling in a group, this requirement can be met by carrying one communication device in the group.~~

~~(2) Carbon monoxide detectors.~~

~~Each vessel carrying passengers for hire shall be equipped with carbon monoxide detectors in each enclosed passenger area.~~

~~(3) Survival Craft.~~

Each vessel carrying more than six passengers for hire, and operating at a distance greater than one mile from shore, shall carry an appropriate number of life rafts or other life-saving apparatus respective to the number of passengers carried on board.

~~(4) Visual distress signals.~~

Each vessel carrying more than six passengers for hire, and operating at a distance greater than one mile from shore, shall carry a minimum of three visual distress signal flares that are approved for day and night use.

~~(5) Navigation equipment.~~

~~(a) Each vessel must carry a map or chart of the water body and a compass or GPS unit that is in good and serviceable condition.~~

~~(b) For vessels traveling in a group, this requirement can be met by carrying a map or chart and a compass or GPS unit in the group.~~

~~(c) River trip vessels are only required to carry a map of the water body or river or river sections.~~

~~(6) Lines, straps and anchorage.~~

(a) Each vessel shall be equipped with at least one suitable anchor and an appropriate anchorage system, respective of the body of water on which the vessel will be operating. Any line, when attached to an anchor, shall be attached by an eye splice, thimble and shackle. On lakes and/or reservoirs, low capacity vessels and racing shells are exempt from this requirement.

~~(b) Vessels operating on rivers are exempt from carrying an anchor, but shall have sufficient lines to secure the vessel to shore.~~

~~(c) Lines and straps utilized for anchorage, mooring and maintaining vessel structural integrity shall be in good and serviceable condition.~~

~~(7) Portable lighting.~~

Each vessel carrying passengers for hire shall carry on board, at least one portable, battery-operated light per operator or crew member. That portable battery-operated light shall be in good and serviceable condition and readily accessible.

~~(8) First Aid Kit.~~

(a) Each vessel shall have on board, an adequate first aid kit, stocked with supplies respective to the number of passengers carried on board, and the nature of boating activity in which the vessel will be engaged.

~~(b) For vessels traveling in a group, this requirement can be met by carrying one first aid kit in the group.~~

~~(9) Identification of outfitting company.~~

~~(a) An outfitting company shall prominently display its name on the hull or superstructure of the vessel.~~

~~(b) The display of an outfitting company's name shall not interfere with any required numbering, registration or documentation display.~~

(c) If another governmental agency prohibits the display of an outfitting company's name on the exterior of a vessel, the name shall be displayed in a visible manner that does not violate the agency's requirements.

~~(10) Marine toilets and sanitary facilities.~~

(a) Each vessel carrying more than six passengers for hire shall be equipped with a minimum of one marine toilet and washbasin sanitary facilities, except for vessels where suitable privacy enclosures are not practical.

(b) The toilet and washbasin shall be connected to a permanently installed holding tank that allows for dockside pumpout at approved sanitary disposal facilities. Vessels that do not have access to dockside pumpout facilities may carry a portable marine toilet and washbasin to meet this requirement.

~~(c) For vessels traveling in a group, this requirement can be met by carrying one marine sanitation device in the group.~~

~~(d) Marine toilets and washbasins shall be maintained in a good and serviceable, sanitary condition.~~

~~(e) A vessel that carries more than 49 passengers shall have at least two marine toilets and washbasins, one each for men and women.~~

~~(f) A vessel operating on a trip or excursion with a duration of one hour or less, or operating on a river, is not required to be equipped with a marine toilet or washbasin.~~

~~R651-206-7. Towing Vessels for Hire Requirements.~~

~~(1) Any person or entity that provides the service of towing vessels for hire on waters of this state, shall register with the Division as an outfitting company and pay the appropriate fee.~~

(2) A vessel engaged in the activity of towing vessels for hire shall comply with the dockside and dry dock vessel maintenance and inspection requirements, plus the additional equipment requirements described in this section.

(3) Any conditions of a contract, special use permit, or other agreement with a person or entity that is towing vessels for hire, shall not supersede the boating safety and assistance activities of a state park ranger, other law enforcement officer, emergency and search and rescue personnel, a member of the U.S. Coast Guard Auxiliary, or any other person providing "Good Samaritan" service to vessels needing or requesting assistance.

(4) Any vessel receiving assistance from a state park ranger, other law enforcement officer, emergency and search and rescue personnel, a member of the U.S. Coast Guard Auxiliary, or any person providing "Good Samaritan" service need not be turned over to, or directed to a person or entity registered with the Division and authorized to tow vessels for hire, unless the operator or owner of the vessel receiving assistance specifically requests such action.

(5) A person or entity towing vessels for hire shall immediately notify a law enforcement officer of any vessel they assist, if the person reasonably believes the vessel being assisted was involved in a reportable boating accident.

(6) A person or entity towing vessels for hire shall not perform an emergency rescue unless he reasonably believes immediate emergency assistance is required to save the lives of persons, prevent additional injuries to persons onboard a vessel, or reduce damage to a vessel, and a state park ranger, other law enforcement officer, emergency and search and rescue personnel, or a member of the U.S. Coast Guard Auxiliary is not immediately available, or a state park ranger, other law enforcement officer, or emergency and search and rescue personnel make such a request for emergency assistance.

~~(7) The owner of a vessel engaged towing vessels for hire shall carry general liability insurance. The insurance coverage shall be determined by the permitting agency.~~

(8) A vessel engaged in towing vessels for hire, shall be a minimum of 21 feet in length and have a minimum total of a 150 hp gasoline engine(s) or a 90 hp diesel engine(s). The towing vessel should be as large or larger than the average vessel it will be towing.

~~(9) A vessel engaged in towing vessels for hire, must have at least one Tow Vessel License holder on board.~~

(10) A person or entity towing vessels for hire shall provide appropriate types of training for each of its license and permit holders. Each vessel operator shall conduct a minimum of five training evolutions of towing a vessel each year, with at least one evolution being a side tow.

(11) The operator and any crew members on board a vessel engaged in towing vessels for hire, shall wear a PFD at all times. The operator of a vessel engaged in towing vessels for hire is responsible to have all occupants of a vessel being towed to wear a properly fitted PFD for the duration of the tow.

~~(12) A person or entity engaged in towing vessels for hire must keep a log of each tow or vessel assist. The towing vessels for hire log of activities shall include:~~

~~(a) Assisted vessel's assigned bow number.~~

~~(b) Name of assisted vessel's owner or operator, including address and phone number.~~

~~(c) Number of persons on board the assisted vessel.~~

~~(d) Nature of assistance.~~

~~(e) Date and time assistance provided.~~

~~(f) Location of the assisted vessel.~~

~~(g) The operator of the vessel towing for hire shall make appropriate radio or other communications of the above actions with a person on land preferable at the company's place of business.~~

~~(h) Upon request of an agent of the Division, an outfitting company shall provide the Division with a copy of a towing vessels for hire log.~~

~~(13) Additional Equipment Requirements for Vessels Towing for Hire.~~

~~(a) PFDs.~~

~~(i) Shall carry a sufficient number of Type I PFDs for persons on board a towed vessel.~~

~~(ii) Shall carry a minimum of two Type IV PFDs, one of which must be a ring life buoy.~~

~~(b) Vessel shall be equipped with a depth finder.~~

~~(c) Tow Line.~~

~~(i) Shall have a minimum of 100 feet of 5/8" line with a tow bridle.~~

~~(ii) Towing vessel shall be equipped with a towing post or reinforced cleats.~~

~~(d) Vessel shall carry a dewatering pump with a minimum capacity of 25 gallons per minute, to be used to dewater other vessels.~~

~~(e) If a vessel is towing for hire between sunset and sunrise, the vessel shall carry the following pieces of equipment.~~

~~(i) A white spot light with a minimum brightness of 500,000 candle power.~~

~~(ii) It is recommended that a vessel be equipped with electronic RADAR equipment.~~

~~(f) Vessel shall carry a loudhailer, speaker, or other means of communicating with another vessel from a distance.~~

~~(g) Vessel shall carry the following equipment, in addition to the equipment required for vessels carrying passengers for hire.~~

~~(i) A knife capable of cutting the vessel's towline;~~

~~(ii) A boat hook;~~

~~(iii) A minimum of four six-inch fenders;~~

~~(iv) Binoculars;~~

~~(v) A jump starting system;~~

~~(vi) A tool kit and spare items for repairs on assisting vessel; and~~

~~(vii) Damage control items for quick repairs to another vessel.~~

~~R651-206-8. Maintenance and Inspections of Vessels Carrying Passengers for Hire.~~

(1) Each outfitting company carrying passengers for hire shall have an ongoing vessel maintenance and inspection program. The vessel maintenance and inspection program shall include the structural integrity, flotation, propulsion of the vessel, and equipment associated with passenger safety.

(2) The annual vessel maintenance and inspection program certification will be required beginning January 1, 2009. The five-year vessel inspections will be required no later than January 1, 2014.

~~(3) The Division shall prepare and maintain a "Carrying Passengers for Hire Vessel Inspection Manual".~~

~~(a) The Division shall establish a committee to oversee, maintain, and recommend any substantive changes in the "Carrying Passengers for Hire Vessel Inspection Manual".~~

~~(i) The members of this committee shall be selected by the Boating Advisory Council and shall report directly to the Boating Advisory Council.~~

(ii) This committee shall consist of five members: two members who will represent the non-float trip vessel carrying passengers for hire industry in Utah; two members who will represent the float trip vessel carrying passengers for hire industry in Utah; and one member who will represent a state or federal agency responsible for managing or regulating the activity of carrying passengers for hire in Utah.

(iii) This committee shall convene when information regarding substantive changes to the "Carrying Passengers for Hire Vessel Inspection Manual" has been presented to the Boating Advisory Council.

~~(b) The Division shall establish a committee to prepare and develop the portions of the "Carrying Passengers for Hire Vessel Inspection Manual" that do not pertain to River Trip Vessels.~~

(i) This committee shall consist of five members: three members who represent the carrying passengers for hire industry in Utah; and two members who represent a state or federal agency responsible for managing or regulating the activity of carrying passengers for hire in Utah.

~~(ii) This committee will disband after the original "Carrying Passengers for Hire Vessel Inspection Manual" is approved and accepted by the Boating Advisory Council.~~

~~(c) The Division shall establish a committee to prepare and develop the portions of the "Carrying Passengers For Hire Vessel Inspection Manual" that pertain to River Trip Vessels.~~

(i) This committee shall consist of five members: three members who represent the River Trip Vessel carrying passengers for hire industry in Utah; and two members who represent a state or federal agency responsible for managing or regulating the activity of carrying passengers for hire in Utah.

~~(ii) This committee will disband after the original "Carrying Passengers for Hire Vessel Inspection Manual" is approved and accepted by the Boating Advisory Council.~~]

R651-206-1. Definitions.

(1) "Advanced first aid training" means a course that meets the current National Registry of Emergency Medical Technicians, Emergency Medical Responder Education Standards.

(2) "Agent" means a person(s) designated by an outfitting company to act in behalf of that company.

(3) "Basic First Aid training" means a course which shall include hands-on training and skills evaluation. Course examples include but are not limited to: the American Red Cross, the American Heart Association, the National Safety Council, or local hospitals.

(4) "Boating Advisory Council" As defined in R651-202-1.

(5) "Boating Program Coordinator" means a Division employee overseeing Utah's boating program that administers the United States Coast Guard's Recreational Boating Safety grant and Carrying Passengers for Hire program.

(6) "Cardiopulmonary Resuscitation (CPR)" means a hands on course that shall include training and evaluation that meets the standards of the American Heart Association Emergency Cardiovascular Care (ECC) course.

(7) "Certificate of Compliance" means a document produced by the Division and signed by a compliance inspector and an agent of the outfitting company certifying that the company has met all the requirements of a site inspection and the Maintenance and Inspection Program for Carrying Passengers for Hire.

(8) "Certifying experience" means vessel operation or river running experience obtained within ten years of the trip leader's or guide's date of authorization by an outfitting company.

(9) "CFR" means U.S. Code of Federal Regulations.

(10) "Compliance inspector" means a person who has been trained and authorized by the Division to perform dock side, dry dock and site visits for outfitting companies.

(11) "Consideration" as defined in Utah Code 73-18-2(6), means something of value given or done in exchange for something given or done by another. Consideration also includes, but is not limited to "commercial gain and commercial activity, as defined in Utah Admin. Code R651-601-12 and -13.

(12) "Deck rail" means a guard structure at the outer edge of a vessel deck consisting of vertical solid or tubular posts and horizontal courses made of metal tubing, wood, cable, rope or suitable material.

(13) "Division" means the Utah Division of Parks and Recreation.

(14) "Dockside inspection" means an annual examination of a vessel when the vessel is afloat in the water so that all of the exterior of the vessel above the waterline and the interior of the vessel may be examined. For river trip vessels, the annual dockside inspection may be performed at the company's place of business.

(15) "Dry dock inspection" means an examination of a vessel, conducted once every five years, when the vessel is out of the water and supported so all the exterior and interior of the vessel may be examined. For float trip vessels, the five-year dry dock inspection may be performed at the company's place of business.

(16) "Flatwater River Area" means all river sections defined in Utah Administrative Code R651-215-10.

(17) "Good marine practices and standards" means those methods and ways of maintaining, operating, equipping, repairing and restructuring a vessel according to commonly accepted standards, including 46 CFR, the American Boat and Yacht Council, the American Bureau of Shipping, the National Marine Manufacturers Association, and other appropriate generally accepted standards as sources of reference.

(18) "Guide" means an individual authorized by an outfitting company to carry passengers for hire.

(19) "License" means an annual certificate issued by the Division to an outfitting company that authorizes the company to Carry Passengers for Hire.

(20) "Low capacity vessel" means a manually propelled vessel designed or intended to carry no more than two occupants.

(21) "Outfitting Company" as defined in Utah Code 73-18-2(14), means any person who, for consideration:

(a) Provides equipment to transport persons on all waters of this state; and

(b) Supervises a person who:

(i) Operates a vessel to transport passengers; or

(ii) Leads a person on a vessel.

(22) "Person" means:

(a) An individual;

(b) An association;

(d) A corporation;

(e) A company;

(f) A trust;

(g) A limited liability company;

(h) A partnership;

(i) A political subdivision;

(j) A government office, department, division, bureau, or other body of government and;

(k) Any other organization or entity

(23) "Program Safety Committee" means 5 members representing their commercial boating industries to make substantive changes to the Maintenance and Inspection Program for vessels Carrying Passengers for Hire.

(24) "River trip vessel" means a vessel, or the components and equipment used to configure such a vessel that is designed to be operated on a whitewater river or section of river. A river trip vessel may be a raft with inflatable chambers or a configuration of metal and/or wood frames, straps or chains, and inflatable pontoon tubes that are integral in maintaining the flotation, structural integrity and general seaworthiness of the vessel.

(25) "Racing shell" means a long, narrow watercraft outfitted with long oars and sliding seats; and specifically designed for racing or exercise.

(26) "Site Visit" means a meeting with an outfitting company for the purpose of inspecting vessels, vessel components and trip leader and guide authorization documents.

(27) "Sole state waters," means all waters of this state, except for the waters of Bear Lake, Flaming Gorge and Lake Powell.

(28) "Towing for hire" means the activity of towing vessels or providing on-the-water assistance to vessels for consideration.

(29) "Trip Leader" is a guide assigned by the outfitting company to be in charge of a carrying passengers for hire trip.

(30) "Trip Log" means a document managed by an outfitting company that lists trip leaders and guides on the water experience.

(31) "Trip Manifest" means a document produced by the outfitting company authorizing a carrying passenger for hire trip

(32) "Whitewater river" means all rivers not designated as a flatwater river area or other Division recognized whitewater rivers in other states.

R651-206-2. Outfitting Company Responsibilities.

(1) Except where exempted by section R651-206-9, each outfitting company carrying passengers for hire on waters of this state shall make application with the Division annually, prior to commencement of operation.

(a) The outfitting company licensing process with the Division requires the completion of the prescribed application form and providing the following:

(i) Evidence of a current and valid business license;

(ii) List of company agent(s);

(iii) Evidence of general liability insurance coverage;

(iv) Payment of the appropriate application fee.

(b) An outfitting company license expires annually on December 31.

(2) Upon successful application with the Division, the Division shall issue a license in the name of the outfitting company.

(a) An outfitting company shall display its license at its place of business in a prominent location, visible to persons and passengers who enter the place of business.

(b) Any outfitting company using a DBA ("doing business as") shall list any and all DBA's on the outfitting company license application. Should new DBA's be formed, the outfitting company shall notify the Division, in writing, within ten days of the action.

(c) Licenses are not transferable. If a business is sold or transferred, a new license application shall be submitted by the new owner(s).

(d) An outfitting company's license shall be issued electronically within a reasonable time period, not to exceed 10 days after the Division receives an eligible and complete application. Licenses will be sent by email to the email address provided by the outfitting company.

(3) An agent of an outfitting company shall certify that;

(a) All the elements of the Certificate of Compliance have been fulfilled,

(b) Each trip leader or guide authorized by the outfitting company has:

(i) Obtained the minimum levels of required vessel operation experience and,

(ii) Obtained the appropriate first aid and CPR certificates.

(i) A copy retained by the trip leader and available during the trip,

(ii) A copy to remain on file with the outfitting company for six (6) years.

(5) An outfitting company shall have a written policy describing a program for a drug free workplace.

(6) An outfitting company shall maintain a trip log for each of its trip leaders and guides.

(7) An outfitting company shall maintain a trip manifest for each trip or excursion conducted by the company. The trip manifest shall contain the following information:

(a) Name and address and phone number of the outfitting company;

(b) Name, date of birth of each trip leader and guide assigned to the trip;

(d) A passenger list.

(8) An outfitting company shall maintain a daily or trip operations log for each of its vessels.

(9) A trip leader assigned by the outfitting company shall accompany every commercial trip.

(10) An outfitting company shall ensure that a trip leader or guide conducts a vessel safety check and a passenger orientation prior to embarking on a trip.

(a) The vessel safety check shall include:

(i) A check of the vessel's required carriage of safety equipment;

(ii) A check of the vessel's communication systems;

(iii) A check of the operation and control of the vessel's steering controls and propulsion system; and

(iv) A check of the vessel's navigation lights, if the vessel will be operating between sunset and sunrise.

(b) The passenger orientation shall include:

(i) A passenger count;

(ii) A discussion of safety protocols and emergency operations with passengers on board the vessel;

(iii) The conditions of weather, river, terrain, equipment, travel, housing and vessels that passengers may expect to encounter;

(iv) The personal equipment, clothing and gear that commercial passengers should have for the trip;

(v) The proper fit, wearing, and use of personal flotation devices (PFD);

(vi) Passenger riding and positioning in the vessel;

(vii) 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) Sanitation, litter prevention and human refuse disposal.

(11) An outfitting company shall ensure that each vessel in its fleet is equipped with the required safety equipment.

(12) An outfitting company shall maintain each vessel in its fleet according to good marine practices and standards.

(b) The outfitting company shall maintain a file of its maintenance and inspections for each vessel, or the components and equipment that configure a river trip vessel that is required to be inspected in its fleet. Maintenance and inspection files shall be retained for the duration in which the vessel is in the service of carrying passengers for hire, plus six additional years.

(13) The owner of a vessel carrying passengers for hire shall carry general liability insurance. The insurance coverage shall be determined by the permitting agency.

(14) 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) A vessel's maintenance and inspection files; or

(f) Trip leader and guide trip logs.

(15) An outfitting company that is registered to carry passengers for hire in another state and possesses a state-issued certificate of outfitting company registration, or similar license, permit or registration accepted and recognized by the Division, where the state has similar outfitting company registration provisions, shall not be required to obtain and display a Utah License of outfitting company registration as required by this section when:

(b) Operating vessels on rivers flowing into Utah where the river trip originates out-of-state and terminates at the first available launch ramp/take-out.

(i) For vessels operating on the Colorado River, the first available take-out is the Westwater Ranger Station launch ramp/take-out.

(ii) For vessels operating on the Dolores River, the first available take-out is the Dewey Bridge launch ramp/take-out on the Colorado River.

(iii) For vessels operating on the Green River, the first available take-out is the Split Mountain launch ramp/take-out.

(iv) For vessels operating on the San Juan River, the first available take-out is the Montezuma Creek launch ramp/take-out.

R651-206-3. Utah Carrying Passengers for Hire (CPFH) Trip Leader and Guide Qualifications.

(1) Unless exempted in R651-206-9, no person shall operate a vessel engaged in carrying passengers for hire on sole state waters unless that person is a trip leader, guide or U.S. Coast Guard Master's License holder authorized by an outfitting company licensed by the Division.

(2) When carrying passengers for hire on the waters of Bear Lake, Flaming Gorge or Lake Powell,

(a) on motorized trips the trip leader authorized by an outfitting company shall have a valid and appropriately endorsed U.S. Coast Guard Master's License.

(b) on non-motorized trips, authorized trip leaders and guides are not required to have a U.S. Coast Guard Master's License.

(3) Every trip leader and guide engaged in carrying passengers for hire shall have in their possession a trip manifest issued by the outfitting company containing the information in R651-206-2(7).

(4) A person qualified as a trip leader on lakes and reservoirs shall meet the following qualifications:

(a) have a valid and appropriately endorsed U.S. Coast Guard Master's License for motorized trips.

(b) Be at least 18 years of age.

(c) Complete a minimum of at least 80 hours of actual vessel operation experience, including 40 hours operating the same or similar vessel on the same lake or reservoir upon which the person shall carry passengers for hire.

(d) Possess a current advanced first aid certification; and

(e) Possess a current CPR certification.

(f) A person qualified to lead as a trip leader on motorized and/or non-motorized trips shall meet the following criteria:

(i) Motorized trips: completion of National Association of State Boating Law Administrators (NASBLA) approved boating safety course.

(ii) Non-motorized trips: completion of a skills course from the American Canoe Association (ACA) or from the World Paddling Association (WPA).

(5) A person qualified as a trip leader operating on whitewater rivers shall meet the following qualifications:

(a) Be at least 18 years of age.

(b) Complete a minimum of nine river trips on whitewater river sections, including at least one trip shall operate the same or similar vessel on the same river section on which the operator will be carrying passengers for hire.

(d) Possess a current CPR certification.

(6) A person qualified as a trip leader operating on Flat water river areas shall meet the following qualifications:

(a) Be at least 18 years of age.

(b) Complete a minimum of six river trips on any river section, and at least one trip shall operate the same or similar vessel, on the same river section on which the trip leader will be carrying passengers for hire.

(d) Possess a current CPR certification.

(7) A person qualified as a guide operating on Lakes and Reservoirs, shall meet the following qualifications:

(a) Have a valid and appropriately endorsed U.S. Coast Guard Master's License for motorized trips or

(a) Be at least 18 years of age.

(b) Complete a minimum of at least 20 hours of actual vessel operation experience; Including 10 hours operating the same or similar vessel on the same lake or reservoir upon which the person shall carry passengers for hire.

(d) Possess a current CPR certification.

(e) A person qualified as a guide operating on motorized and/or non-motorized trips shall meet the following criteria:

(i) Motorized trips: completion of a National Association of Boating Law Administrators (NASBLA) approved boating safety course.

(ii) Non-motorized trips: completion of a skills course from the American Canoe Association (ACA) or from the World Paddling Association (WPA).

(8) A person qualified as a guide operating on whitewater rivers, shall meet the following qualifications:

(a) Be at least 18 years of age.

(b) Complete a minimum of three river trips on "whitewater" rivers or river sections, and at least one trip shall operate the same or similar vessel, on the same river section on which the person will be carrying passengers for hire.

(d) Possess a current CPR certification.

(9) A person qualified as a guide operating on flatwater rivers, shall meet the following qualifications;

(a) Be at least 18 years of age.

(b) Complete a minimum of three river trips on flatwater or whitewater river sections, and at least one trip shall operate the same or similar vessel on the same river section on which the person will be carrying passengers for hire.

(d) Possess a current CPR certification.

(10) An outfitting company shall maintain a trip log for each person certified by the company as a trip leader or guide. The log shall include the person's:

(a) Full legal name and date of birth;

(b) Proof of a current certification in first-aid and CPR.

(11) An outfitting company shall maintain all trip leader and guide trip logs while they are authorized by the company and for a period of at least six years after his/her termination. These records shall be maintained at the outfitting company's designated place of business. The outfitting company, or any employee having access to such records, shall provide it to any peace officer enforcing the provisions of R651-602.

(13) A trip leader or guide shall not carry passengers for hire when unfamiliar with the vessel and the waterway provided there is a trip leader or guide on board who is familiar. An exception to this rule allows a trip leader to lead passengers on an unfamiliar lake, reservoir, or a flatwater river area, as long as there is a trip leader or guide who is familiar with the vessel, the waterway, and remains within sight of the rest of the group.

(14) There shall be at least one trip leader and one guide under the following conditions:

(a) On a vessel carrying more than 49 passengers for hire;

(b) On a vessel carrying more than 24 passengers for hire, and operating more than one mile from shore;

(15) Requirements for leading low capacity vessels in a group.

(a) On lakes and reservoirs, there shall be at least one trip leader or guide for every eight low capacity vessels;

(b) On whitewater river sections, there shall be at least one trip leader or guide for every four low capacity vessels.

(c) On flatwater river areas, there shall be at least one trip leader or guide for every six low capacity vessels or racing shells.

(16) A trip leader or guide shall not operate a vessel for more than 12 hours in a 24 hour period.

R651-206-4. Additional Personal Floatation Device (PFD) Requirements for Vessels Carrying Passengers for Hire.

(1) Wearable PFDs are required. Each vessel shall have an adequate number of wearable PFDs on board that meets or exceeds the number of persons on board the vessel. The wearable PFD shall be approved for the activity in which it is going to be used.

(2) In situations where infants, children and youth are in enclosed cabin areas of vessels over 19 feet in length and not wearing PFDs, a minimum of ten percent of the wearable PFDs on board the vessel shall be of an appropriate type and size for infants, children and youth passengers.

(3) Wearable PFDs shall be listed for commercial use on the label.

(4) If PFDs are not being worn by passengers, and the PFDs are being stored on the vessel, the PFDs shall be stored in readily accessible containers that legibly and visually indicate their contents.

(5) Each PFD shall be marked with the name of the outfitting company, in one-inch high letters that contrast with the color of the device.

(6) Vessels that are 26 feet or more in length shall carry a throwable PFD, and it shall be a ring life buoy.

(a) Vessels that are 40 feet or more in length shall carry a minimum of two throwable PFDs.

(b) Ring life buoys shall have a minimum of 60 feet of line attached.

(7) All passengers and crew members shall wear a PFD when a vessel is being operated in hazardous conditions.

(8) The trip leader or guide is responsible for the passengers on his vessel to be in compliance with this section and R651-215.

R651-206-5. Additional Fire Extinguisher Requirements for Vessels Carrying Passengers for Hire.

(1) Each motorboat shall carry a minimum of one type B-1 fire extinguisher. Vessels equipped solely with an electric motor, and not carrying flammable fuels on board, are exempt from this provision.

(2) Each motorboat that carries more than six passengers and is equipped with an inboard, inboard/outboard, inboard jet, or direct drive gasoline engine, shall have at least one fixed U.S. Coast Guard approved fire extinguishing system mounted in the engine compartment.

(4) For vessels carrying more than 12 passengers for hire or providing on board overnight passenger accommodations, smoke detectors shall be installed in each enclosed passenger area.

R651-206-6. Additional Equipment Requirements for Vessels Carrying Passengers for Hire.

(1) Emergency communications equipment.

(b) For vessels traveling in a group, this requirement can be met by carrying one communication device in the group.

(2) Carbon monoxide detectors shall be provided in each enclosed passenger area.

(3) Vessels carrying more than six passengers for hire and operating at a distance greater than one mile from shore shall provide the following:

(a) An appropriate number of life rafts or other lifesaving apparatus(s);

(b) A minimum of three visual distress signals that are approved for day and night use.

(5) Navigation equipment.

(a) Each vessel shall carry a map or chart of the water body and a compass or GPS unit that is in good and serviceable condition.

(b) For vessels traveling in a group, this requirement can be met by carrying a map or chart and a compass or GPS unit in the group.

(6) Lines, straps and anchorage.

(b) Vessels operating on rivers are exempt from carrying an anchor, but shall have sufficient lines to secure the vessel to shore.

(c) Lines and straps utilized for anchorage, mooring and maintaining vessel structural integrity shall be in good and serviceable condition.

(7) At least one portable, battery-operated light per trip leader or guide shall be on board, in good and serviceable condition and readily accessible.

(8) First Aid Kit.

(b) For vessels traveling in a group, this requirement can be met by carrying one first aid kit in the group.

(9) Identification of outfitting company.

(a) An outfitting company shall prominently display its name on the hull or superstructure of the vessel.

(b) The display of an outfitting company's name shall not interfere with any required numbering, registration or documentation display.

(10) Marine toilets and sanitary facilities.

(d) Marine toilets and washbasins shall be maintained in a good and serviceable, sanitary condition.

(e) A vessel that carries more than 49 passengers shall have at least two marine toilets and washbasins, one each for men and women.

(f) A vessel operating on a trip or excursion with a duration of one hour or less, or operating on a river, is not required to be equipped with a marine toilet or washbasin.

R651-206-7. Towing Vessels for Hire Requirements.

(1) Any person or entity that provides the service of towing vessels for hire on waters of this state, shall make application with the Division as an outfitting company.

(5) A trip leader or guide towing vessels for hire shall immediately notify a law enforcement officer of any vessel they assist, if the person reasonably believes the vessel being assisted was involved in a reportable boating accident or the operator or occupants pose a threat to themselves or others.

(6) A trip leader or guide towing vessels for hire shall not perform an emergency rescue unless he reasonably believes immediate emergency assistance is required to save the lives of persons, prevent additional injuries to persons onboard a vessel, or reduce damage to a vessel, and a state park ranger, other law enforcement officer, emergency and search and rescue personnel, or a member of the U.S. Coast Guard Auxiliary is not immediately available, or a state park ranger, other law enforcement officer, or emergency and search and rescue personnel make such a request for emergency assistance.

(7) The owner of a vessel engaged in towing vessels for hire shall carry general liability insurance. The insurance coverage shall be determined by the permitting agency.

(8) A vessel engaged in towing vessels for hire, shall be a minimum of 21 feet in length and have a minimum total of a 150 hp gasoline engine(s) or a 90 hp diesel engine(s). The towing vessel should be as large as or larger than the average vessel it will be towing.

(9) An outfitting company shall provide appropriate types of training for each of its trip leaders or guides. Each trip leader or guide shall conduct a minimum of five training evolutions of towing a vessel each year, with at least one evolution being a side tow.

(10) The trip leader or guide and any passengers on board a vessel engaged in towing vessels for hire, shall wear a PFD at all times. The trip leader or guide is responsible for all occupants of a vessel being towed wear a properly fitted PFD for the duration of the tow.

(11) An outfitting company engaged in towing vessels for hire shall keep a log of each tow or vessel assist. The towing vessels for hire log of activities shall include:

(a) Assisted vessel's assigned bow number.

(b) Name of assisted vessel's owner or operator, including address and phone number.

(d) Nature of assistance.

(e) Date and time assistance provided.

(f) Location of the assisted vessel.

(g) The trip leader or guide of the vessel towing for hire shall make appropriate radio or other communications of the above actions with a person on land preferable at the outfitting company's place of business.

(h) Upon request of an agent of the Division, an outfitting company shall provide the Division with a copy of a towing vessels for hire log.

(12) Additional equipment requirements for vessels towing for hire:

(a) PFDs.

(i) Shall carry a sufficient number of Wearable PFDs, approved for the activity engaged in, for all persons on board a towed vessel.

(ii) Shall carry a minimum of two throwable PFDs, one of which shall be a ring life buoy.

(b) Shall be equipped with a depth finder.

(i) Shall be a minimum of 100 feet of 5/8" line with a tow bridle.

(ii) Towing vessel shall be equipped with a towing post or reinforced cleats.

(d) Vessel shall carry a dewatering pump with a minimum capacity of 25 gallons per minute, to be used to dewater other vessels.

(e) If a vessel is towing for hire between sunset and sunrise, the vessel shall carry the following pieces of equipment.

(i) A white spot light with a minimum brightness of 500,000 candle power.

(ii) It is recommended that a vessel be equipped with electronic RADAR equipment.

(f) Vessel shall carry a loudhailer, speaker, or other means of communicating with another vessel from a distance.

(g) Vessel shall carry the following equipment, in addition to the equipment required for vessels carrying passengers for hire.

(i) A knife capable of cutting the vessel's towline;

(ii) A boat hook;

(iii) A minimum of four six-inch fenders;

(iv) Binoculars;

(v) A jump starting system;

(vi) A tool kit and spare items for repairs on assisting vessel; and

(vii) Damage control items for quick repairs to another vessel.

R651-206-8. Maintenance and Inspections Program of Vessels Carrying Passengers for Hire.

(1) Each outfitting company carrying passengers for hire shall have a current copy of the Maintenance and Inspection Program for Carrying Passengers for Hire. The outfitting company shall comply with all the necessary sections of the Program.

(2) The Division shall request the formation of a safety committee by the Boating Advisory Council as defined in R651-202-1 for the purpose of overseeing, maintaining, and recommending any substantive changes to the program.

(i) The members of this safety committee shall be selected and directly report to the Boating Advisory Council.

(ii) This committee shall consist of five members:

(a) two members representing the industry for non-float trip vessels in Utah;

(b) two members representing the industry for float trip vessels in Utah;

(c) and one member representing a state or federal agency responsible for managing or regulating the activity of carrying passengers for hire in Utah.

(iii) This committee shall convene when the Boating Advisory Council hears a proposal that requests substantive changes to the program or the Division's Boating Program Coordinator requests an evaluation of the program.

(iv) The Division's Boating Program Coordinator shall have authority to assign or delegate responsibilities among the safety committee members.

R651-206-9. Exemptions to R651-206.

(1) Owners and employees of a migratory bird production area created under Title 23, Chapter 28, Migratory Bird Production Area and operating within that Migratory Bird Production Area shall not be considered an outfitting company.

(2) The Director or his designee may exempt a charitable organization or volunteer, meaning a person donating service without pay or other compensation, from an outfitting company's licensing requirements, upon submission of a written application and request for hearing, pursuant to the procedures set forth in Utah Code Ann. 63G-4-201(1),Utah Admin. Code R651-101 et seq. and as further set forth in these rules. The determination shall be made after a hearing, and upon showing by a preponderance of the evidence.

R651-206-10. Enforcement.

(1) Outfitter Violations

(a) Suspension, Revocation or Denied License

(i) Pursuant to the procedures set forth in Utah Code Ann. 63G-4-201(1),Utah Admin. Code R651-101 et seq. and these rules an outfitting company's annual license with the Division may be suspended, denied, or revoked for a length of time determined by the Division director or designee, if one of the following occurs:

(ii) The outfitting company's, or agent's negligence caused personal injury or death as determined by due process of law;

(iii) The outfitting company or agent is convicted of three violations of Title 73, Chapter 18, or rules promulgated thereunder during a calendar year period;

(iv) False or fictitious statements were certified or false qualifications were used to qualify a person authorized by the outfitting company as a trip leader or guide;

(v) The Division determines that the outfitting company intentionally provided false or fictitious statements or qualifications when making application with the Division;

(vi) The Division determines that the outfitting company intentionally provided false statements or qualifications when certifying the condition of a vessel or equipment;

(vii) The outfitting company has utilized a private trip permit for carrying passengers for hire and has been prosecuted by the issuing agency and found guilty of the violation;

(viii) The outfitting company used a non-authorized trip leader or guide while engaging in carrying passengers for hire; or

(ix) The outfitting company is convicted of violating a resource protection regulation or public safety regulation in effect by the respective land managing and/or access permitting agency.

(2) Guide or Trip Leader violations.

(a) Pursuant to the procedures set forth in Utah Code Ann. 63G-4-201(1),Utah Admin. Code R651-101 et seq. and these rules, an outfitting company's annual license with the Division may be suspended, denied, or revoked for a length of time. The privilege to guide or carry passengers for hire may be suspended, revoked, or denied by the Division or the outfitting company if a trip leader or guide is convicted of the following offence(s):

(i) Three violations of the Utah Boating Act, Title 73, Chapter 18, or rules promulgated thereunder driving under the influence or reckless driving while carrying passenger for hire, as set forth in the Traffic Code, Utah Code Ann. 41-6a-501 and 53-3-231;

(ii) The Division determines that the trip leader or guide intentionally provided false or fictitious statements or qualifications to obtain authorization to carry passengers for hire by an outfitting company.

KEY: boating[~~, parks~~]

Date of Enactment or Last Substantive Amendment: [~~October 22, 2015~~]2019

Notice of Continuation: January 7, 2016

Authorizing, and Implemented or Interpreted Law: 73-18-[~~4(1)(d)~~]7(18)(d)

Visit the Official Version

Document Information

Effective Date:: 3/25/2019
Publication Date:: 02/15/2019
Type:: Notices of Proposed Rules
Filed Date:: 02/01/2019
Agencies:: Natural Resources, Parks and Recreation
Rulemaking Authority:: Subsection 73-18-7(18)(d)
Authorized By:: Jeff Rasmussen, Acting Director
DAR File No.:: 43497
Summary:: The Division's proctored guide tests are located at every college campus in Utah and several outside the state are frequently failing to be administered due to database crashes. The Division has resorted to sending paper copies in order to keep the process limping along. The Division has become less efficient and has been asked for years by the Department of Natural Resources and constituents to simplify the way the Division does business in the commercial boating world without losing the ...
CodeNo:: R651-206
CodeName:: {39138|R651-206|R651-206. Carrying Passengers for Hire}
Link Address:: Natural ResourcesParks and RecreationRoom 116 1594 W NORTH TEMPLESALT LAKE CITY, UT 84116-3154
Link Way:: Tammy Wright, by phone at 801-538-7359, by FAX at 801-538-7378, or by Internet E-mail at tammywright@utah.gov
AdditionalInfo:: More information about a Notice of Proposed Rule is available online. The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2019/b20190215.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version. Text to be deleted is struck through and surrounded by brackets ([example]). Text ...
Related Chapter/Rule NO.: (1): R651-206. Carrying Passengers for Hire.