Section 1340.312 - Whitewater recreation(a) General rule.--The department shall have the power and duty to promulgate rules and regulations to protect, manage and regulate the recreational use of designated whitewater zones, to license whitewater outfitters operating within designated whitewater zones and to establish fees, royalties and charges for licenses and for using public lands, waters and facilities.(b) License guidelines.--For each specific designated whitewater zone, a license to continue operating as a whitewater rafting outfitter shall be issued by the department to any whitewater rafting outfitter who: (1) has provided whitewater rafting services on a designated whitewater zone for a period of five or more years;(2) has provided those services under formal agreement with the department;(3) has demonstrated an acceptable measure of compliance with the safety and operational requirements of that agreement; and(4) has provided whitewater rafting services on that designated whitewater zone prior to operation and management of that designated whitewater zone through formal agreement with the department. Each whitewater rafting outfitter presently conducting whitewater rafting trips under agreement with the Department of Environmental Resources shall be deemed to fulfill the foregoing criteria.
(c) Renewal.--Licenses issued by the department to continue to operate as a whitewater rafting outfitter:(1) shall be for a period of ten years and shall be renewable under guidelines appropriate and necessary to protect the public health, safety and interest and provide stability to the outfitting industry;(2) shall be transferable under reasonable guidelines of the department relating to transfer of licenses and required qualifications of transferees;(3) shall include the right to continue to utilize or lease any premises leased before the effective date of this act by a whitewater rafting outfitter from the department or offer to lease such access areas as the department deems appropriate for use by whitewater rafting outfitters; and(4) shall supersede, after the adoption of regulations, any agreement between the department and a whitewater rafting outfitter, except fee agreements in which a whitewater rafting outfitter is required to pay the department a fee, which fee agreements shall continue for the life of the agreement and which shall not preclude the issuance of a license.(d) Additional whitewater rafting outfitter licenses.--The department may, with regard to a specific designated whitewater zone, accept bids, issue licenses and charge fees and royalties for an additional whitewater rafting outfitter only if the department determines that there is additional whitewater rafting outfitter carrying capacity on the waterway and that there is a need for additional whitewater rafting outfitter allocations. Such licenses shall apply only for that specific designated whitewater zone and only for a period not to exceed ten years.(e) Operation and safety of whitewater zone.--Licensed whitewater rafting outfitters shall be subject to all appropriate rules, regulations and guidelines promulgated by the department for the purposes of regulating the operation and safety of each designated whitewater zone.(f) Termination.--Licenses granted by the department may be terminated by the department for noncompliance after a 30-day written notice to the outfitter and a hearing in accordance with 2 Pa.C.S. (relating to administrative law and procedure).1995, June 28, P.L. 89, No. 18, § 312, effective 7/1/1995.