Code of Massachusetts Regulations
323 CMR - DIVISION OF LAW ENFORCEMENT
Title 323 CMR 6.00 - Commercial Uses on the Deerfield River (former title: Commercial Whitewater Use)
Section 6.05 - Permits
Current through Register 1531, September 27, 2024
(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.
(3) 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.
(4) 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:
(6) Evaluation of Commercial Tube Providers. The Director shall evaluate a Commercial Tube Provider's permit application on the basis of the following criteria:
(7) Quotas. The Director shall condition each permit to:
(8) 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).
(12) 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).