Purpose

323 CMR 6.00 is intended to promote the protection of public safety and welfare by establishing rules of conduct and operation governing commercial uses of the Deerfield River, by promoting voluntary compliance with the rules, and, when necessary, by deterring through penalties noncompliance with the rules. 323 CMR 6.00 governs the use of commercial whitewater craft and tubes on the Deerfield River in Massachusetts. Specifically, there exists portions of the Deerfield River known as the Fife Brook and Monroe sections beginning at the Vermont border and extending to the Zoar Road bridge just upstream of the Zoar Picnic Area and downstream of Zoar Gap. These sections have seen an increased interest by commercial entities because of its excellent whitewater and other recreational potential. In addition, these sections of the Deerfield River presently contain the most popular, pristine, and beautiful angling spot in western Massachusetts, with two catch and release areas, and are among the most popular angling areas in the northeast. Numerous states regulate the operation of whitewater use by including a limitation on the number of companies and rafts that may utilize a particular river, based in part on safety factors. Such states include Maine, New York, Pennsylvania, Virginia, West Virginia, North Carolina and many of the western states. Based upon these facts the Director has determined that 323 CMR 6.00, regulating whitewater commercial use on the Deerfield River, is in the interest of public safety.