Senate Bill No. 313
(By Senators Ross, Minard,
Snyder, Boley and Minear)
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[Introduced January 24, 2003; referred to the
Committee on Natural Resources;
and then to the Committee on the Judiciary.]
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A BILL to amend and reenact section five, article ten, chapter
sixty-four of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to authorizing the
division of natural resources to promulgate a legislative rule
relating to special boating.
Be it enacted by the Legislature of West Virginia:
That section five, article ten, chapter sixty-four of the code
of West Virginia, one thousand nine hundred thirty-one, as amended,
be amended and reenacted to read as follows:
ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE
LEGISLATIVE RULES.
§64-10-5. Division of natural resources.
(a) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, authorized under the
authority of section twenty-three-a, article two, chapter twenty of
this code, modified by the division of natural resources to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of August,
two thousand one, relating to the division of natural resources
(commercial whitewater outfitters, 58 CSR 12), is authorized with
the following amendment:
On page eight, section 4.9.3, following the words "supplement
the guide", by striking out the word "trainee" and inserting in
lieu thereof the words "Trip Leader".;
On page eight, following section 4.9.3, by inserting a new
section, numbered 4.9.4 and the words "The licensee is responsible
for keeping on file the original or a certified copy of the
completed whitewater guide Trip Leader information sheet. These
records shall be maintained by the licensee for two (2) years following the last date of employment. The licensee shall provide
the guide Trip Leader with a certified copy of the guide Trip
Leader information sheet and shall forward a copy to the Division
of Natural Resources, Law Enforcement Section, Capitol Complex,
Building 3, Charleston, West Virginia 25305 upon request.";
On page thirteen, section 9.12.2, following the words "No
duckie expeditions", by striking out the words "or kayak
instruction";
And,
On page fourteen, by striking the provisions of section
9.12.4.b, in its entirety, and inserting in lieu thereof:
"From the confluence of Manns Creek to Teays Landing there
shall be a minimum of one (1) trip guide in each watercraft except
on a kayak clinic where the instructor and guests are in kayaks.
Kayak clinics may be held by a commercial whitewater outfitter.
Daily use is restricted to nine students per day per license and
must have a ratio of one (1) trip guide per three (3)students.
Kayak clinics are not permitted in this section of the New River on
Saturdays between Memorial Day and Labor Day. There shall be a
minimum of two (2) trip guides per trip on all other trips.
Inflatable kayak expeditions or trips are not permitted in this
section of the New River."
(b) The legislative rule filed in the state register on the twenty-seventh day of July, two thousand one, authorized under the
authority of section seven, article one, chapter twenty of this
code, modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of August,
two thousand one, relating to the division of natural resources
(small arms hunting, 58 CSR 14), is authorized.
(c) The legislative rule filed in the state register on the
twenty-seventh twenty-sixth day of July, two thousand one two,
authorized under the authority of section twenty-two, article
seven, chapter twenty of this code, modified by the division of
natural resources to meet the objections of the legislative rule-
making review committee and refiled in the state register on the
twenty-second day of August, two thousand one, relating to the
division of natural resources (special boating, 58 CSR 26), is
authorized.
(d) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, authorized under the
authority of section two, article five, chapter twenty of this
code, modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the fourteenth day of August, two
thousand one, relating to the division of natural resources (public use of West Virginia state parks, state forests and state wildlife
management areas under the division of natural resources, 58 CSR
31), is authorized with the amendments set forth below:
On page 3, subsection 2.21, after the words 'boundaries of' by
inserting the words 'the following';
On page 3, subsection 2.1 by striking out the comma and the
words 'which include';
On page 3, subsection 2.1 after the word 'Audra' by inserting
a comma and the words 'except in reserved picnic shelters';
On page 3, subsection 2.21 by striking out the words
'Tomlinson Run except in reserved picnic shelters, in all boat
launch ramp parking areas, and all camping areas within the
boundary of Bluestone State Park; all camping areas within the
boundary of Beech Fork State Park; and in all of Hawks Nest State
Park except the lodge and Hawks Nest golf course which is operated
as part of Hawks Nest State Park' and inserting in lieu thereof the
following;
'Tomlinson Run, except in reserved picnic shelters,
Bluestone State Park, in all boat launch ramp parking areas
and all camping areas within its boundaries,
Beech Fork State Park, in all camping areas within its
boundaries, and
Hawks Nest State Park, except the lodge and Hawks Nest golf course which is operated as part of Hawks Nest State Park;'"
(e) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, authorized under the
authority of section seven, article one, chapter twenty of this
code, modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of August,
two thousand one, relating to the division of natural resources
(wild boar hunting, 58 CSR 52), is authorized.
(f) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, authorized under the
authority of section seven, article one, chapter twenty of this
code, modified by the division of natural resources to meet the
objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of August,
two thousand one, relating to the division of natural resources
(general trapping, 58 CSR 53), is authorized.
(g) The legislative rule filed in the state register on the
twenty-seventh day of July, two thousand one, authorized under the
authority of section thirty-three, article two, chapter twenty of
this code, modified by the division of natural resources to meet
the objections of the legislative rule-making review committee and
refiled in the state register on the twenty-second day of August, two thousand one, relating to the division of natural resources
(issuance of hunting, trapping and fishing licenses by telephone
and other electronic methods, 58 CSR 68), is authorized.
NOTE: The purpose of this bill is to authorize the Division of
Natural Resources to promulgate a legislative rule relating to
Special Boating.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.