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.

  (c) Copies of the trip manifests are provided for each trip with:

  (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;

  (c) Trip departure and arrival locations with dates and/or times; and

  (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.

  (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 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;

  (c) Trip manifests;

  (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:

  (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.