W. Va. Code R. § 182-01-8

Current through Register Vol. XLI, No. 49, December 6, 2024

Section 182-01-8 - Commercial Whitewater Operations

8.1. Towing rafts through flat water pools is permitted.

8.2. Motorized watercraft are permitted on the New River between Thurmond and Fayette Station when river flow equals or exceeds 16,500 cubic feet per second at Thurmond.

8.3. The director may issue special use permits to licensees for the use of motorized watercraft to provide Whitewater trips to senior citizens, disabled persons, and other individuals who might not otherwise be able to participate in Whitewater recreation. Special use permits may also be issued to licensees to conduct Whitewater trips for the purpose of making documentary recordings or to provide emergency transport services.

8.4. Motorized watercraft shall not pass non-motorized trips unless signaled to do so by the trip leader of the non-motorized trips The non-motorized trip shall make all reasonable efforts to facilitate passing of the motorized watercraft.

8.5. While on Whitewater each passenger, trip guide, and trip leader shall wear a securely fastened vest-type personal flotation device as prescribed in Section 9.2 of these regulations. Each personal flotation device shall be maintained in a good and serviceable condition.

8.6. Each commercial Whitewater trip shall have a minimum of one trip guide for every ten customers. For more than four passengers over an even multiple of ten, the higher multiple of ten will be used to determine the minimum number of trip guides. In no case will there be less than one trip guides on a commercial Whitewater trip. The trip leader may count as a trip guide for the purpose of meeting this requirement.

8.7. Special regulations for specific rivers, or portions thereof, are as follows:

8.7.1. Cheat River. Between Albright and Cheat Lake, there shall be a minimum of one trip guide in each watercraft when river flow equals or exceeds 2,200 cubic feet per second (equivalent to a level of 2.5 feet on the Albright gauge).

8.7.2. New River. Between Cunard and Fayette Station, there shall be a minimum of one trip guide in each watercraft. No duckie expeditions shall be allowed between Cunard and Fayette Station.

8.7.3. Gauley River. Between Summersville Dam and Sweet's Falls, there shall be a minimum of one trip guide in each watercraft.

8.8. The use of firearms is prohibited.

8.9. It is unlawful to discard litter, equipment, or other refuse along river banks, into water, or along trails.

8.10. It is unlawful to damage, remove, or destroy any private property or natural plants without written permission from the property owner.

W. Va. Code R. § 182-01-8