Tenn. Comp. R. & Regs. 0400-02-10-.11 - SCHEDULING AND CARRYING CAPACITY
(1) The Commercial
Operators may prepare a proposed schedule assigning the times each Commercial
Operator shall schedule daily trips for the forthcoming season. The proposed
schedule shall be based on the Recreational Water Release Days and Times as
determined by TVA. It shall include the schedule for all Commercial Operators
licensed by TVA for the forthcoming year. A proposed schedule must be presented
to the Department, and shall be open for discussion, at the annual preseason
public meeting on the first Tuesday of March each year. The proposed schedule
shall be utilized until a final schedule is issued by the Department. The
Department shall review the proposed schedule and may approve it as presented,
review the proposed schedule or reject the proposal and assign schedule times,
as necessary, to optimize recreational opportunities, protect the whitewater
resource and insure public safety. If a proposed schedule is not submitted, the
Department shall schedule the daily trips. The Department shall announce
(issue) a final schedule by April 15, of each year. The department may also, in
its discretion, limit commercial use of the Ocoee on an emergency
basis.
(2) The daily commercial
carrying capacity for the middle Ocoee River Recreational Area (the area of the
river between the Rogers Branch Put-In and the Caney Creek Take-Out) shall be
4,000 commercial customers for those day(s) for which the commercial usage
during the last season exceeded 4,000 customers. Days which were capped for the
last season will be capped for the next season unless the commercial usage on
the "cap" day during the last season fell below 3,800 customers. The commercial
"cap" is established in order to optimize recreational opportunities for all
classes of users (private paddlers as well as commercial customers), to protect
the recreational whitewater resource, and to insure public safety. The
Department shall announce the "cap" days for the upcoming season at the annual
postseason public meeting on the second Tuesday of October of each
year.
(3) The Commercial Operators,
utilizing a methodology acceptable to the Department, may allocate the
commercial use for the "cap" days for the upcoming season. The allocation shall
be based on a maximum of 4,000 commercial customers. The proposed allocation
shall be presented by the Commercial Operators to the Department, and open for
discussion, at the annual pre-season public meeting on the first Tuesday of
March. The Department shall review the proposed allocation and may approve it
as presented, revise it or reject the proposal and allocate the commercial
carrying capacity among the commercial operators, as necessary, to optimize
recreational opportunities, protect the whitewater resource and insure public
safety. If an allocation is not submitted, the Department shall allocate the
commercial customers. The Department shall utilize the "historical use" method
in allocating the commercial capacity among the commercial operators. The
"historical use" method shall be based on each commercial operator's daily
customers totals from at least two prior seasons. The historical use allocation
methodology shall be determined as follows: Each commercial operator's largest
daily customer total from at least two prior seasons is summed. If the sum
exceeds 4,000, each commercial operator's next largest daily customer total is
averaged with that operator's largest daily customer total. The average for
each commercial operator are summed. If this sum exceed 4,000, each commercial
operator's next largest daily customer total is averaged in until the sum of
the averages for all commercial operators falls below 4,000. Each commercial
operator's average becomes that commercial operator's allocation of commercial
customers on "cap" day(s). Each commercial operator is allowed 15% of its
allocation as overage to allow for no-shows and cancellations. For purposes of
this allocation calculation, operations owned by the same person, association,
corporation or political subdivision of the state under separate licenses shall
be consolidated and considered to be a single commercial operator. The final
commercial "cap" day(s) allocation shall be announced by the Department on or
before April 15 of each year.
(4)
The Commercial Operator must use the CAP Exchange form on "cap" days if their
company is going over their allotted "cap". The form must be faxed into the
Park Office prior to the trip(s) causing the Operator to exceed the allotted
"cap".
(5) Each Commercial Operator
shall not use more than twelve (12) rafts or carry more than one hundred (100)
customers per time slot without prior approval from the Park Manager or Park
Ranger in charge of the recreational use of the Middle Ocoee River Recreational
Area. Commercial Operators shall adhere to the final daily trip schedule, or on
"cap" days the final commercial use "cap" day allocation, at all
times.
(6) Each raft shall not have
more than seven (7) customers or guide trainees, in addition to one (1)
guide.
Notes
Authority: T.C.A. ยงยง 4-3-504, 4-5-301 et seq., 11-1-108 and 11-1-109.
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