August 30, 2018

On August 30, 2018 the Tennessee Paddlesports Access Coaltion was formed to help fight the regulatory overreach of the TWRA

Proposals by the Tennessee Fish and Wildlife Commission of TWRA to regulate the human-powered, paddlesports industry in the state threaten paddlesports opportunities and the businesses that provide services to the general public by imposing unreasonable regulations and fees.

What the Tennessee Paddlesports Access Coalition supports:

• Responsible-shared use of Tennessee’s navigable waterways;
• Continuation of the recreational and economic benefits provided to the general public by paddlesports rental operations;
• Continuation of the support for state and local government entities through the property, sales and franchise taxes paid by paddlesports businesses;
• Continuation and improvement of the resource protection and safety practices implemented by paddlesports businesses;
• No fees to individuals or on craft for use of state’s navigable waters;
• Participation in the development of reasonable solutions that provide for sustainable paddlesports, fishing and boating opportunities on Tennessee waterways by addressing credible issues in a collegial manner.

August 30 to November 21, 2018

From August 30 to November 21, 2018  the Tennessee Paddlesports Access Coalition (TPAC) participated in several formal and informal discussions with TWRA in order to provide input on the proposed rules and permits.

TWRA formed a paddlesports advisory group which met twice. This group consisted of several TPAC members, fisherman, land owners and other stakeholders.  During those meetings, TPAC clearly articulated how a one year permit could have a negative impact on business owners. TPAC asked that the process be slowed down so the issues could be studied and better solutions could be developed by the group. During these meetings, TPAC members strongly opposed the per boat launch fees suggested by TWRA and discussed the negative impact that these regulations could have on local tourism.  

November 21, 2018

On November 21, 2018 the TWRA officially filed the proposed rules for paddlesports outfitters.

Download Proposed Rules from November 21, 2018

These proposed rules included the following fees:

• $244 annual permit fee

• $100 fee per 50 non-motorized vessels (NMV) (kayaks, canoes, SUPs) or for tubes $100 fee per 100 tubes in inventory

• $1 launch fee for every NMV launched at a public access area. NMVs launched multiple times in one calendar day are subject to the public access launch fee for each launch. TWRA also clarified that the $1 must also be paid if you are taking out at a public access area
  

The proposed rules included a annual permit requiring the following information be provided:

• The number of vessels owned by the commercial NMV outfitter that are available for lease or rent

• The waterways of the state on which the applicant operates, if known;

• Any public access areas utilized by the applicant;
  

• Months of operation;

• Tennessee Secretary of State control number, if applicable;

• Proof of insurance; and

• A copy of the applicant's Department of Revenue Certificate of Registration;

• A copy of the applicant's business license;

• Designated representative for the applicant.

Any violation of the proposed rules could result in the business owner receiving a Class C misdemeanor.

January 18, 2019

On January 18, 2019 the TFWC met to vote on the proposed rules regulation paddlesport outfitters. 

TWRA recommended substantial changes to the rules posted on the Secretary of State website.  They dropped all fees and made several other changes outlined in the video.

At this meeting there was vigorous discussion by committee members who were very displeased that the fees had been dropped. On several occasions committee members threaten to close TWRA boat ramps to all paddlers, they threatened to conduct undercover operations, video activities at the boat ramps, and clearly stated that this was not the end of regulations but instead just the beginning.  The Tennessee Paddlesports Association anticipates that if these rules pass the TN General Assembly there will be more rules, river specific restrictions, and more fees in the future for outfitters and private boat owners.

January 31, 2019

TWRA has published the final rules approved by the Tennessee Fish and Wildlife Commission, which the TWRA will now send to the Tennessee General Assembly for approval. 

The notable revisions include:

• Water rescues are defined but still may be subject to interpretation since rescue is defined as "any occurrence in which, absent intervention, an occupant or operator of a commercial NMV could suffer serious bodily injury or death." 
• The permit fee has yet to be determined but will not be required for the 2019 season. No other fees are proposed but the Commission has vowed to impose additional fees later.
• Outfitters using TWRA access points will only be allowed to park in designated areas, which could be a limitation if ample space is not provided.
• College and university programs are exempt.
• A new troublesome requirement in Operating Requirements (b) appears to require permit holders to track which access point each boat visited each day.  

Operating requirements include recording keeping information that must be available for inspection by the TWRA.  Permit renewal is also contingent on keeping these records.  Those records are listed as 

(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.

Permit applications must be submitted between October 1 and December 15.  The permit will not be required for the 2019 season since the permit requirement is not effective until October 1, 2019.

Each application shall include, among other information, (it is not clear what they mean by "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.

It should be noted that the application information and any other information submitted to the TWRA will become public record unless otherwise protected by state law as proprietary.

TWRA also lists vessel and safety requirements, which include logo and names on vessels and requirements for the information to be included in the safety briefing with the methods for providing that information to customers subject to TWRA approval.

Vehicles must comply with all Department of Safety rules and park only in areas designated by the TWRA when using their access areas.  Parking restrictions could reduce outfitters' access to waterways.

Non-renewal of the permit is subject to 1660-04-01-.08

NONRENEWAL OF PERMIT states:

(1) A commercial NMV outfitter’s operating permit may not be renewed for failure to:

(a) Pay the requisite fees;

(b) Provide the necessary application information;

(c) Maintain the information and documentation required by Rule 1660-04-01-.03(2); or

(d) Produce and/or allow for the inspection of any information requested by the TWRA pursuant to Rule 1660-04-01-.03(3).

While these rules still have issues and TWRA's legislative authority still authorizes the agency to regulate "all aspects" of paddle craft rental operations, these rules are much better than originally proposed thanks to the efforts of TPA members who participated in the process.  However, there are still significant problems.