CODE OF MARYLAND REGULATIONS
TITLE 08
DEPARTMENT OF NATURAL RESOURCES
SUBTITLE 15 YOUGHIOGHENY WILD RIVER CHAPTER 04 COMMERCIAL WHITEWATER BOATING SAFETY
.01 Purpose.A. The purpose of these regulations is to regulate use and development in the scenic corridor where the use and development would affect the primitive qualities and characteristics of the wild river segment of the Youghiogheny River.
B. The Secretary of the Department of Natural Resources and the Maryland General Assembly are aware that recreational use of the Youghiogheny River has increased considerably in the last several years and that commercial whitewater outfitters are relied upon to provide safe and enjoyable trips on the Youghiogheny. It is in the interest of the State to regulate commercial whitewater rafting pursuant to the State's authority to protect the health, safety, and welfare of its citizens, and to protect its natural resources.
.02 Definitions.
A. The following terms have the meanings indicated.
B. Terms Defined.
- (1) "Canoe" means a vessel paddled from a kneeling position and propelled with a single-bladed paddle.
(2) "Commercial whitewater outfitter" means any outfitter operating from within or from without the State, which for monetary profit or gain provides whitewater trips or rents whitewater craft or equipment for use in whitewater trips and which meets the requirements of Regulation .03B. Nothing in this chapter applies to the operation of canoes or kayaks.
(3) “Commercial whitewater trip" means any commercial effort to transport passengers by means of a whitewater craft.
(4) "Department" means the Department of Natural Resources.
(5) "Kayak" means a vessel paddled from a seated position with a double-bladed paddle.
(6) "Sufficient navigable flow" means:
(7) "Visual distress signal" means an electronic battery-operated device which emits a white flashing light that is visible for at least 200 feet.
- (a) A natural flow reading of either 1.90 feet or greater as shown on the river level gauge at Sang Run Bridge or 3.25 feet or greater as recorded on the United States Geological Survey river level gauge at Friendsville, Maryland; or
(b) Three hours or greater release from Deep Creek Hydroelectric dam.
(8) Whitewater craft.
(9) "Whitewater guide" means a person who receives any remuneration for accompanying, assisting, or instructing on the river on whitewater trips and who meets the registration requirements of Regulation .05.
- (a) "Whitewater craft" means any raft or similar vessel which is used to transport passengers and which meets the requirements of Regulation .06A.
(b) "Whitewater craft" does not include canoes or kayaks.
(10) "Youghiogheny Scenic Corridor" means the area designated under COMAR .08.15.01.03B.
(11) "Youghiogheny wild river" means that segment of the Youghiogheny river between Miller's Run and the southern corporate limits of Friendsville..03 Commercial Whitewater Outfitter's Annual Operating Permit.
A. A commercial whitewater outfitter may not conduct commercial whitewater trips on the Youghiogheny Wild River unless the outfitter obtains a commercial whitewater outfitter's annual operating permit from the Department through the Youghiogheny River Manager, Youghiogheny Wild River Management Area, 898 State Park Road, Swanton, Maryland, 21561.
B. To qualify for a commercial whitewater outfitter's annual operating permit an outfitter shall present evidence that it holds a valid insurance policy of $300, 000 combined coverage for the period to be covered by the permit, and that the policy is issued by an insurance company licensed to do business in Maryland.
C. A commercial whitewater outfitter shall display the commercial outfitter's name or logo in characters legible from the shore on both sides of any whitewater craft used to carry passengers on commercial whitewater trips on the Youghiogheny Wild River.
D. When a permitted commercial whitewater outfitter's business is sold, the permit shall be returned to the Department. A permit is not transferable without Departmental approval.
E. The Department may suspend, revoke, or refuse to issue a permit for a violation of any condition of the permit, unsafe practices, falsification of reports, or serious or continued violation of this chapter.
F. The Department shall issue annual operating permits only to those commercial whitewater outfitters that have operated commercial trips on the river before March 1, 1990 and have submitted documentation of operating commercial trips acceptable to, and confirmed by, the Department. By January 1 of each year, the Department shall allocate trips and whitewater craft per day among the outfitters subject to these regulations.
.04 Commercial Whitewater Outfitter's Operational Requirements.
A. The total number of whitewater craft permitted to be transported between Sang Run and Friendsville per day by all outfitters may not exceed 33, except that the Youghiogheny Wild River manager has the authority to increase the total number of whitewater craft to 51 during periods of sufficient navigable flow.
B. A commercial whitewater outfitter shall inform each customer verbally and in writing that:
- (1) The Youghiogheny has been designated as a Class V River which is defined as having extremely difficult, long, and very violent rapids with highly congested routes;
(2) Rescue conditions are difficult;
(3) There is a significant hazard to life in the event of a mishap; and
(4) The customer should have previous whitewater experience before participating in a commercial whitewater trip on the Youghiogheny Wild River.C. If a commercial whitewater outfitter provides changing and restroom facilities, these facilities shall conform to the Youghiogheny Wild River land use regulations as provided in COMAR .08.15.01.
D. Launch sites and rest stop areas located on private property shall be used by a commercial whitewater outfitter only with the written consent of the landowner.
E. A commercial whitewater outfitter shall:
- (1) Keep a record of all commercial whitewater trips that include the customers' names and addresses, guides and trip leaders, dates and times of the trips, and prices charged for a period of 5 years. These records shall be made available to the Department upon request within 14 calendar days. Records obtained by the Department may not be subject to disclosure.
(2) Provide at least one commercial whitewater guide registered under Regulation .05 in each whitewater craft for every three passengers, and designate one commercial whitewater guide registered under Regulation .05 who shall accompany each trip in a safety kayak or canoe.
(3) Avoid causing or avoid its customers causing environmental damage within the Youghiogheny scenic corridor. An outfitter may be required to remedy environmental damage resulting from its operation.
(4) Not knowingly employ a guide or group leader who is unqualified.
(5) Designate one commercial whitewater guide as a trip leader..05 Whitewater Guide.
A. Whitewater guides shall be registered annually by the Department. Application for registration shall be made on a form supplied by the Department, through the Youghiogheny Wild River Manager, and may be made by mail.
B. The Department shall register as a whitewater guide an applicant who:
- (1) Is at least 18 years old;
(2) Submits a certificate that the applicant has sufficient experience on whitewater, including sufficient experience on the Youghiogheny Wild river, signed by the permitted commercial whitewater outfitter who will employ the guide during the term of the guide’s registration. Sufficient experience shall include a minimum of 10 trips on rivers of comparable or higher American Whitewater Affiliation class rating to the Youghiogheny Wild River, at least three of which are on the Youghiogheny Wild River.
(3) Has successfully completed an advanced first aid training course and cardiopulmonary resuscitation course as designated by the Department and possesses a valid certificate.C. Whitewater guides shall:
- (1) Be thoroughly familiar with the use of the required First Aid kit and whitewater safety procedures, rescue methods, and the equipment of the outfitter company by whom they are employed; and
(2) Have complete knowledge of Maryland regulations which apply to whitewater trips (COMAR .08.04.04.12).D. The Department may suspend, revoke, or effuse to renew a registration for a violation of any condition of the registration, unsafe practices, or serious or continued violation of this chapter.
.06 Safety and Equipment.
A. A whitewater craft shall:
- (1) Have a minimum of three air chambers and be capable of supporting a weight equal to 50 percent of its maximum carrying capacity with the largest compartment deflated;
(2) Be constructed of a tough, durable, fabric-reinforced material suitable for whitewater use;
(3) Be clearly marked with the outfitter’s name or logo;
(4) Carry on board a full-length paddle for each customer and guide; and
(5) Be visually inspected by the guide after each trip for punctures, tears, abrasions, and wear. The outfitter shall ensure that all necessary repairs are made to ensure that the raft is kept in a safe condition.B. Commercial whitewater outfitters and whitewater guides shall adhere to the following required equipment provisions:
- (1) Each person in a whitewater trip shall wear a:
(2) The personal flotation devices worn by the guide and trip leaders shall be a different color than those worn by the customer;
- (a) U.S. Coast Guard approved Type III or V personal flotation device (PFD) at all times; and
(b) Safety helmets at all times.
(3) The safety helmets worn by the guide and trip leader shall be a different color than those worn by the customer;
(4) Each group shall have the following equipment in a whitewater craft, safety kayak, or canoe:
(5) All whitewater craft shall have grab loops and safety lines attached to the whitewater raft, and a throwline of at least 50 feet aboard.
- (a) Waterproof first Aid kit equipped for severe bleeding, shock or concussion, and fractures;
(b) Whistle;
(c) Emergency patch kit;
(d) Pump; and
(e) Visual distress signal.C. Equipment provided by the outfitter shall be maintained in good, safe, and operable condition.
D. Each commercial whitewater outfitter shall submit to the Department, within 5 days, a written report of any accident involving either personal injury requiring medical treatment or property damage, or both, in excess of $100 occurring in connection with a whitewater trip conducted by that outfitter. The following apply:
- (1) If the accident results in a person receiving medical treatment, the report for personal injury shall include:
(2) If the accident results in damage to the whitewater raft or other property, the report for property damage shall include:
- (a) Name and address of the injured person;
(b) Time and place of the injury; and
(c) Description of the injury and of the accident.
- (a) Location and time of the accident;
(b) Owner of the property;
(c) Description of the accident; and
(d) Estimate of the loss.E. If death results from a boating accident, or if a person loses consciousness or is disabled for more than 24 hours, a written report shall be submitted to the Department within 48 hours. This regulation shall conform with the requirements under COMAR .08.04.07.
.07 General Requirements.
A. An individual may not:
- (1) Discard trash, litter, trip equipment, or any other refuse in the Youghiogheny Wild River or within the boundaries of the scenic corridor; or
(2) Trespass on, injure, remove, or destroy property or vegetation within the Youghiogheny Wild River scenic corridor; or
(3) Kindle, build, or have an open fire within the Youghiogheny River scenic corridor.B. Violation of any of these regulations shall result in:
- (1) The suspension, revocation, or refusal to issue an annual operating permit to an outfitter, or the suspension, revocation, or refusal of a whitewater guide’s registration, or both of these; and
(2) Punishment under Natural Resources Article, §-1501, Annotated Code of Maryland.
Maryland Department of Natural Resources
State Forest and Park Service
Deep Creek Lake Recreation Area
898 State Park Road
Swanton, MD 21561
301-387-4111