Natural Resources, Parks and Recreation

Rule R651-221

Boat Liveries - Boat Rental Companies

Five-Year Notice of Review and Statement of Continuation

DAR File No.: 34424
Filed: 02/10/2011 12:11:21 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Statute authorizes the State Parks Board to regulate and set fees for boat liveries in Subsections 73-18-4(1)(d) and (2)(a): "The board may promulgate rules... (d) regulating vessel operators who carry passengers for hire, boat liveries, and outfitting companies... (2) (a) The board may set fees in accordance with Section 63J-1-504 for... (B) boat liveries."

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments in support or opposition of this rule have been received.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule sets criteria for liveries to provide proper documentation, safety equipment, and registration. Registration and fees paid help the division fund efforts to provide livery companies with boating safety educational materials for distribution to their customers. Traditionally, rental boats are involved in a disproportionally high percentage of boat accidents. Therefore, this rule should be continued.

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

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 [email protected]

Authorized by:

Fred Hayes, Acting Operations Deputy Director

Effective:

02/10/2011