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 6.07 - Prohibitions
Current through Register 1518, March 29, 2024
It is a violation for:
(1) a Commercial Whitewater Outfitter or Commercial Tube Provider to operate on the Deerfield River without a permit from the Director;
(2) a Whitewater Craft operated by a Commercial Whitewater Outfitter to operate on the Deerfield River without a safety certificate from the Director;
(3) a Commercial Whitewater Outfitter to violate any term or condition of the permit or safety certificate, including not allowing inspections of books and records;
(4) a Commercial Tube Provider to violate any term of condition of the permit, including not allowing inspections of books and records;
(5) a Commercial Whitewater Outfitter or Commercial Tube Provider to operate on the Deerfield River without adequate liability insurance, provided such insurance is commercially available;
(6) a Commercial Whitewater Outfitter or Commercial Tube Provider to exceed its established daily passenger quota on the Deerfield River;
(7) a Commercial Whitewater Craft excursion to occur on the Deerfield River or Provision of Tubes for trips on the Deerfield River before the first Saturday in April or after Columbus Day;
(8) any portion of a Commercial Whitewater Craft excursion or trip on a Tube Provided by a Commercial Tube Provider to occur on the Deerfield River before 9:00 A.M. or after sunset 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 Application Department, Washington, D.C.;
(9) the consumption or possession of drugs or alcohol to occur during an excursion on a Whitewater Craft or on a Tube Provided by a Commercial Tube Provider;
(10) any glass bottles or containers to be onboard or carried by a Passenger of a Whitewater Craft operated by a Commercial Whitewater Outfitter during an excursion or carried by a Passenger while on a Tube Provided by a Commercial Tube Provider;
(11) a Commercial Whitewater Outfitter or Commercial Tube Provider to loan, sell, assign or transfer any portion of its allocated daily passenger quota for the use of another.
