March 22, 2020

Paddlesports Outfitters Altering Operations.  Some Are Delaying Opening.

Paddling opportunities close to home should offer recreation opportunities consistent with the guidelines for social distancing and other interventions to prevent the spread of the coronavirus.  Many outfitters are having to revise their operations or delay the start of their season to help in the campaign to reduce the spread of the virus.  Governor Lee recently issued an executive order banning social gatherings of of more than 10 people.  Check with your outfitter to determine the availability of their services and when they might be open for business.

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January 2020

Getting Ready for the 2020 Season

TWRA regulations are set for the 2020 season and add a new twist to preparations for paddlecraft rental outfitters.  

As a reminder below are some basic tasks you need to complete to be in compliance when you start the season.  This is not a complete list, so take time to read the TWRA regulations.

As you prepare, let us know of issues you encounter so we can take them to the TWRA through the Paddlecraft Outfitters Advisory Committee.  TPA executive director David Brown is Chair of the Paddlecraft Outfitters Advisory Committee.  

1.  File an application for your TWRA permit.    The link take you to a fillable form from TWRA.  To submit your application, you will need to know the following:

• Number of non motorized vessels in your rental fleet
• Public access points you intend to use (try to use the TWRA name)
• Official documents to include are 1. Photocopy of Business License 2. Photocopy of Department of Revenue Certificate of Registration 3. Proof of Liability Insurance

2.  Read the TWRA regulations.  Click here.

3.  Develop an internal system to keep track of types of boats launched daily at public access points, accidents and water rescues.  The regulations require you to submit reports on May 1, October 1, and December 1 regarding which public access points you used during those periods and how many boats of various types you launched at each public access point.  Reports can be made by paper form or electronically.  TWRA is working up the systems and the Paddlecraft Outfitters Advisory Committee is working with TWRA to develop a reasonable reporting system.  One issue will be insuring that there is some standard name used to report access points.  

Outfitters not using public access points are still supposed to report their daily numbers, but we don't know yet how specific that reporting will be.

The form will also require you to report accidents and water rescues.  It is important to note that a water rescue is not every time some capsizes in a canoe or kayak or falls off a paddleboard.  The definitions are as follows:

(7) “Accident” means any occurrence in which the operator of a commercial NMV requires medical attention beyond basic first aid.

(8) “Water rescue” means any occurrence in which, absent intervention, an occupant or operator of a commercial NMV could suffer serious bodily injury or death.

TWRA's safety report for 2018 found only one paddlecraft rental incident.  The other 6 were private paddlers.  This record keeping is likely to create a special report within the TWRA report.

4.  Develop your customer briefing consistent with TWRA regulations.  TWRA regulations specify content for briefings with flexibility for the type of water resources (river, lake).  TPA has outlines for each vessel and venue as an unofficial guideline and will have other materials available for members.  Contact us if you want them.  TWRA is also expected to post videos and other resources online.

5.  Put your name or logo.on each rental craft.  Many outfitters prefer a decal.  Some outfitters already have their names on their boats, but some who retail used rental boats have not done that in the past.

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TWRA Now Taking Permit Applications for the 2020 Season for Paddlecraft Rental Outfitters

Read below to see if you need a permit.  Click on the Link Below to Download an Application Form

TWRA is now taking permit applications for paddlecraft rental operations for the 2020 season.  The permit is officially titled the Non Motorized Vessel Outfitter Operating Permit application (click the link for a fillable pdf of the application).

A permit is required for

• any entity (business, joint venture, individual, etc) that leases or rents non-motorized vessels for non-commercial use by the public on the waters of Tennessee.

The only exceptions are for

 For questions about whether or not your operation needs to have a permit, contact TWRA.Commpaddlecraft@tn.gov 

Permit application requirements are as follows:

An operating permit is effective for one year from January 1 through December 31 of each year.

(1) All operating permit renewals shall be filed with the TWRA between October 1 and December 15 (after 2019). That requirement obviously does not apply to new permits at this point.

(2) Each application shall include, among other information, the following information for each applicant:

(a) The number of vessels owned by the commercial NMV outfitter that are available for lease or rent;

(b) The waterways of the state on which the applicant intends to operate, if known;

(c) Any public access areas the applicant intends to utilize;

(d) Estimated months of operation;

(e) Tennessee Secretary of State control number, if applicable;

(f) A copy of the applicant's business license;

(g) A copy of the applicant's Department of Revenue Certificate of Registration;

(h) Proof of liability insurance; and

(i) Designated representative for the applicant.

(5) Operating permits may be transferred upon written notification to the TWRA of the date of transfer, the name of the new business owner, and the new designated representative. Transfer notifications must be submitted before the date of transfer.

Outfitters will be required to submit reports to TWRA on May 1, October 1, and December 1 of each year.

Operating requirements include:

• A commercial NMV outfitter must possess a valid operating permit issued by the TWRA.
• A commercial NMV outfitter must maintain the following records:

(a) Number and type of NMV leased or rented each day;

(b) The public access and body of water utilized by an NMV each day, if known;

(c) Number of accidents and/or casualties involving the use of a commercial outfitter's NMV; and

(d) Number of water rescues each day involving a commercial NMV outfitter's vessel.

• Records maintained by commercial NMV outfitters required by these rules are subject to inspection by TWRA personnel. Commercial NMV outfitters shall provide the TWRA with any such requested information.
• A commercial NMV outfitter shall not lease or rent to an individual less than 16 years of age unless the individual is accompanied by someone at least 18 years of age.

There are other regulations and safety requirements in the regulations, such as a mandatory customer briefing requirement with prescribed content.  Briefings have to be approved by the TWRA. 

The Paddlecraft Rental Outfitter Advisory Committee has submitted recommended outlines for methods and content, for customer briefings which may vary by resource and type of paddlecraft.  The Advisory Committee recommended that TWRA approve the outlines and provide them to permit holders rather than approve each outfitter's individual orientation.  

For more information contact TPA at info@tnpaddlesports.com

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Joint House and Senate Government Operations Committee Approves TWRA Regulations on Paddlecraft Rental Outfitters.  Permits Required for 2020 Operations.

Earlier this fall the Joint House and Senate Government Operations Committee approved the proposed TWRA rules which requires paddlecraft rental outfitters to apply for and obtain a permit from the Tennessee Wildlife Resources Agency prior to beginning operations in 2020.  As of December 12, 2019 TWRA had not started taking permit applications, but the agency should announce availability of the application soon. 

Permit application requirements are as follows:

An operating permit is effective for one year from January 1 through December 31 of each year.

(1) All operating permit renewals shall be filed with the TWRA between October 1 and December 15 (after 2019).

(2) Each application shall include, among other information, the following information for each applicant:

(a) The number of vessels owned by the commercial NMV outfitter that are available for lease or rent;

(b) The waterways of the state on which the applicant intends to operate, if known;

(c) Any public access areas the applicant intends to utilize;

(d) Estimated months of operation;

(e) Tennessee Secretary of State control number, if applicable;

(f) A copy of the applicant's business license;

(g) A copy of the applicant's Department of Revenue Certificate of Registration;

(h) Proof of liability insurance; and

(i) Designated representative for the applicant.

(5) Operating permits may be transferred upon written notification to the TWRA of the date of transfer, the name of the new business owner, and the new designated representative. Transfer notifications must be submitted before the date of transfer.

 Outfitters will be required to submit reports to TWRA on May 1, October 1, and December 1 of each year. 

Operating requirements include: 

(a) Number and type of NMV leased or rented each day;

(b) The public access and body of water utilized by an NMV each day, if known;

(c) Number of accidents and/or casualties involving the use of a commercial outfitter's NMV; and 

(d) Number of water rescues each day involving a commercial NMV outfitter's vessel.

• Records maintained by commercial NMV outfitters required by these rules are subject to inspection by TWRA personnel. Commercial NMV outfitters shall provide the TWRA with any such requested information.

• A commercial NMV outfitter shall not lease or rent to an individual less than 16 years of age unless the individual is accompanied by someone at least 18 years of age.

For more information and to join TPA contact dbrown@tnpaddlesports.com or click on the Join link.

TPA members receive regular updates and detailed information on compliance with TWRA regulations and much, much more of benefit to your business.  We help members save money .  Are you a professional paddlesports outfitter or vendor?  Join us today, we need your help and you need TPA!