Permits

(1) Requirement. All Commercial Whitewater Outfitters and Commercial Tube Providers are required to have a permit issued by the Director. (2) Eligibility. Unless otherwise provided in 323 CMR 6.05(12), only Commercial Whitewater Outfitters and Commercial Tube Providers who have held a permit from the Office of Law Enforcement to conduct excursions or Provide Tubes on the Deerfield River in any previous year are eligible to apply for such a permit. 323 CMR 6.05 shall not apply to those Commercial Tube Providers who are seeking a permit for the year 2023. Application. Applications for a permit shall be on forms supplied by the Director. The application shall be submitted on or before December 1st of each year. The Director shall approve or deny any application on or before February 1st of the following year. (a) Commercial Tube Providers will not be required to obtain a permit for the year 2022, but will be required to obtain a permit thereafter. (b) If a Commercial Tube Provider intends to apply for a permit for the year 2023, they must submit a letter of intent to the Director no later than November 1, 2022. Public Comment. Prior to the approval or denial of any permit application, the Director may, in his discretion, hold a public meeting in a city or town in Berkshire or Franklin County. Notice of the meeting shall be published in a local newspaper of general circulation. At the meeting, the Director shall receive testimony and comment on pending permit applications. (5) Evaluation of Commercial Whitewater Outfitters. The Director shall evaluate a Commercial Whitewater Outfitter's permit application on the basis of the following criteria: (a) length and breadth of experience in the commercial operation of Whitewater Craft; (b) experience on the Deerfield River; (c) number and type of violations, citations or enforcement warnings issued, if any; (d) safety record; (e) level of safety, rescue and competency training achieved by each guide; (f) quality and condition of equipment including, but not limited to, rafts, safety helmets, personal floatation devices, throw bags, first aid kits, paddles and wetsuits; (g) adequacy of insurance; and, (h) testimony presented at the public meeting, if any, and any written comments received. 6.05: continued Evaluation of Commercial Tube Providers. The Director shall evaluate a Commercial Tube Provider's permit application on the basis of the following criteria: (a) length and breadth of experience in the commercial provision of Tubes; (b) experience on the Deerfield River; (c) number and type of violations, citations or enforcement warnings issued, if any; (d) safety record; (e) whether the Commercial Tube Provider provides personal flotation devices, and if so, the quality and condition of such personal flotation devices; (f) adequacy of insurance; and, (g) testimony presented at the public meeting, if any, and any written comments received. (7) Quotas. The Director shall condition each permit to: (a) a Commercial Whitewater Outfitter by allocating daily passenger quotas from a total daily quota of 480 passengers; and (b) a Commercial Tube Provider by allocating daily passenger quotas from a total daily quota of 400 passengers. For purposes of the daily quota only, passengers on Whitewater Craft such as kayaks or canoes used for purposes of instruction by a Commercial Whitewater Outfitter permitted in accordance with 323 CMR 6.05 shall not be included. The Director may also allocate the daily number of Whitewater Crafts that may be operated per Commercial Whitewater Outfitter, and may also allocate the number of Whitewater Crafts and Tubes that may be on the Deerfield River at any one time. This quota shall be based on a permittee's qualifications, experience, financial security, safety record and insurance status as well as public safety on the Deerfield River. This quota shall also take into consideration the daily whitewater rapids classifications (Class I, II, III, IV, V and VI) and the whitewater release schedule from the Fife Brook Dam. Each daily quota shall be effective from 9:00 A.M. to sunset per day as published annually in the Massachusetts Division of Fisheries and Wildlife’s Massachusetts Guide to Hunting, Freshwater Fishing, and Trapping Laws sourced from the U.S. Naval Observatory Astronomical Applications Department, Washington, D.C. Unused portions of daily quotas are not cumulative and may not be carried over. Signature. An applicant shall sign the permit when issued and such signature shall constitute a statement that the permit holder has read 323 CMR 6.00, the provisions of M.G.L. c. 90B and any conditions and restrictions of the permit and agrees to fully comply therewith. The applicant's signature shall also constitute consent by the applicant to allow the Director to arrange for inspections of the applicant's books and records to determine compliance with 323 CMR 6.00. (9) Validity. Permits shall remain in full force and effect for the period of time set forth in the permit unless otherwise suspended or revoked pursuant to 323 CMR 6.08. (10) Transfer. Permits are not the property of the holder. Permits may not be transferred, sold, bartered or exchanged for cash or property, except that a Commercial Whitewater Outfitter or Commercial Tube Provider that is purchased or otherwise acquired by another person or business may, subject to the approval of the Director, transfer its permit to the new owner if, in the opinion of the Director the transfer is in the public interest and otherwise consistent with public safety on the Deerfield River. The Director's decision shall be governed by the provisions of 323 CMR 6.05(5) and (6). (11) Bankruptcy or Death. Unless otherwise provided by applicable laws or regulations, the executor, in the case of a permit holder's death, or the trustee, in the event of a permit holder's bankruptcy, may, with the approval of the Director, continue to conduct excursions or Provide Tubes on the Deerfield River pursuant to the permit. The Director's decision shall be governed by the provisions of 323 CMR 6.05(5) and (6). List. The Director shall maintain a list of Commercial Whitewater Outfitters and Commercial Tube Providers who are not eligible to apply for a permit pursuant to 323 CMR 6.05(2) but have otherwise expressed written interest in applying for a permit as evidenced by the records of the Office of Law Enforcement. Notwithstanding 323 CMR 6.05(2), permits that become available as a result of application or transfer denials, bankruptcy, or death of a permit holder, revocations or any future increase in passenger quotas may be issued by the Director to those Commercial Whitewater Outfitters and Commercial Tube Providers on said list. The Director's decision shall be governed by the provisions of 323 CMR 6.05(5) and (6).