Natural Resources, Parks and Recreation

Section R651-206-1

Definitions

Notice of Proposed Rule

(Amendment)

DAR File No.: 36238
Filed: 05/16/2012 05:21:14 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

When the term "low capacity vessel" was approved, it was specific to the carrying passengers for hire program. The use of the term "low capacity vessel" has expanded outside of the carrying passengers for hire program to the recreational boating program, so the definition needs to be moved out of the carrying passengers for hire rule and into Rule R651-201. The rule only identified the types of low capacity vessels in use at the time. This definition was intended for manually propelled vessels. The main purpose of the definition is to allow those rowing or paddling to be able to wear a less restrictive life jacket.

Summary of the rule or change:

Over the years there have been a number of new types of low capacity vessels that have been designed and are currently in use. Additionally, the use of the term has expanded outside of the carrying passengers for hire program to the recreational boating program, so the definition needs to be moved out of the carrying passengers for hire rule and into Rule R651-201. There is also an inconsistency in the rule concerning the number of persons to be considered a low capacity vessel. The Boating Advisory Council felt that low capacity vessels should be considered two or fewer occupants.

State statutory or constitutional authorization for this rule:

• Subsection 73-18-4(4)

Anticipated cost or savings to:

the state budget:

There is no additional cost or savings. This amendment moves the information from Subsection R651-206-1(11) to Rule R651-201. (DAR NOTE: The proposed amendment to Rule R651-201 is under DAR No. 36237 in this issue, June 15, 2012, of the Bulletin.)

local governments:

There is no additional cost or savings. This amendment moves the information from Subsection R651-206-1(11) to Rule R651-201.

small businesses:

There is no additional cost or savings. This amendment moves the information from Subsection R651-206-1(11) to Rule R651-201.

persons other than small businesses, businesses, or local governmental entities:

There is no additional cost or savings. This amendment moves the information from Subsection R651-206-1(11) to Rule R651-201.

Compliance costs for affected persons:

There are no compliance costs. This amendment moves the information from Subsection R651-206-1(11) to Rule R651-201.

Comments by the department head on the fiscal impact the rule may have on businesses:

No impact.

Michael Styler, Executive Director

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

Natural Resources
Parks and RecreationRoom 116
1594 W NORTH TEMPLE
SALT LAKE CITY, UT 84116-3154

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 tammywright@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/16/2012

This rule may become effective on:

07/23/2012

Authorized by:

Fred Hayes, Acting Director

R651. Natural Resources, Parks and Recreation.

R651-206. Carrying Passengers for Hire.

R651-206-1. Definitions.

(1) "Agent" means a person(s) designated by an outfitting company to act in behalf of that company in certifying:

(a) The verification of a license or permit applicant's vessel operation experience, appropriate first aid and CPR certificates and identifying information.

(b) The verification of an annual dockside or a five-year dry dock inspection of a vessel.

(2) "Certificate of maintenance and inspection" means a document produced by the Division and signed by a marine or vessel inspector and an agent of the outfitting company that a vessel has met the requirements of a required inspection. For float trip vessels, the certificate of maintenance and inspection will be issued to the outfitting company and not an individual vessel.

(3) "Certificate of outfitting company registration" means a document produced by the Division annually, indicating that an outfitting company is registered and in good standing with the Division.

(4) "Certifying experience" means vessel operation or river running experience obtained within ten years of the date of application for the license or permit.

(5) "CFR" means U.S. Code of Federal Regulations.

(6) "Deck rail" means a guard structure at the outer edge of a vessel deck consisting of vertical solid or tubular posts and horizontal courses made of metal tubing, wood, cable, rope or suitable material.

(7) "Dockside inspection" means an annual examination of a vessel when the vessel is afloat in the water so that all of the exterior of the vessel above the waterline and the interior of the vessel may be examined. For float trip vessels, the annual dockside inspection may be performed at the company's place of business.

(8) "Dry dock inspection" means an examination of a vessel, conducted once every five years, when the vessel is out of the water and supported so all the exterior and interior of the vessel may be examined. For float trip vessels, the five-year dry dock inspection may be performed at the company's place of business.

(9) "Good marine practices and standards" means those methods and ways of maintaining, operating, equipping, repairing and restructuring a vessel according to commonly accepted standards, including 46 CFR, the American Boat and Yacht Council, the American Bureau of Shipping, the National Marine Manufacturers Association, and other appropriate generally accepted standards as sources of reference.

(10) "License" means a Utah Captain's/Guide's License or a U.S. Coast Guard Master's License.

[ (11) "Low capacity vessel" means a vessel with a carrying capacity of three or fewer occupants (e.g. canoe, kayak, inflatable kayak, or similar vessel).

] (12) "Marine inspector" means a person who has been trained to perform a dry dock inspection and is registered with the Division as a person who is eligible to perform a dry dock inspection of a vessel.

(13) "Other rivers" means all rivers or river sections in Utah not defined in Subsection (18) of this rule as a whitewater river.

(14) "Permit" means a Utah Boat Crew Permit.

(15) "Sole state waters," means all waters of this state, except for the waters of Bear Lake, Flaming Gorge and Lake Powell.

(16) "Towing for hire" means the activity of towing vessels or providing on-the-water assistance to vessels for consideration.

(a) Towing for hire is considered carrying passengers for hire

(b) Towing for hire does not include a person or entity performing salvage or abandoned vessel retrieval operations.

(17) "Vessel inspector" means a person who has been trained to perform a dockside inspection and is registered with the Division as a person who is eligible to perform a dockside inspection on a vessel.

(18) "Whitewater river" means the following river sections: the Green and Yampa Rivers within Dinosaur National Monument, the Green River in Desolation-Gray Canyon (Mile 96 to Mile 20), the Colorado River in Westwater Canyon, the Colorado River in Cataract Canyon, or other Division recognized whitewater rivers in other states.

(19) "Float trip vessel" means a vessel, or the components and equipment used to configure such a vessel that is designed to be operated on a whitewater river or section of river. A float trip vessel may be a raft with inflatable chambers or a configuration of metal and/or wood frames, straps or chains, and inflatable pontoon tubes that are integral in maintaining the flotation, structural integrity and general seaworthiness of the vessel.

 

KEY: boating, parks

Date of Enactment or Last Substantive Amendment: [July 27, 2011]July 23, 2012

Notice of Continuation: January 11, 2011

Authorizing, and Implemented or Interpreted Law: 73-18-4(4)