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DRIFTER NEWS LETTER

DRIFTER                 Volume Two                 July 2005

Words may lead us to the river, then we run it ...

Rodeo

By Robb Grubb

I remember the river with my dad. We ran rivers to fish. Our little wooden dories gliding in and out of the pools, behind rocks and into eddies, to best set up for the elusive steelhead. The rivers we ran in Northwest Washington state were very small. Many rocks covered the bottom of these rivers which created good spots for fish to hide and live. Some of these rocks found their way to the surface, right in the path where our boats wanted to go. I learned through the "School of Hard Rocks" how to avoid these pesky anoyances and eventually used them to my advantage. Fishing evolved for me. After learning how to row a driftboat down fast, technical rivers, I found enjoyment and serenity in these turbulent environments. Soon skipping school to run rivers became second nature as did manuevering my boat through a class 3 boulder garden. Running a boat became more enjoyable than the actual fishing! Feathering oars, stepping on a chine to turn, double oar turns and truly understanding the boats hull to best navigate with smoothness and efficiency is an art.

River parades have been happening for years. River people getting together and enjoying a float on the river. All types coming together to show off their newest wood boat, built earlier that spring, or to try to out fish their rival neighbor.

Today, driftboats are being entered in whitewater rodeos in the Northwest. Two years ago, my dad was one of the first to compete on the Clackamas river in Oregon. People are starting to be aware that driftboats are not just a fishing platform. In capable hands, they are very maneuverable river craft that can keep up with the best.


River

By William Blair

What's in a river? Water, sand, rocks, wood mixed with river people. River people see rivers in many different ways. River people look at a river for what it is in itself. The river is a 'threshold.' The river experience is valuable to people, the rafters, kayakers, drift boaters and beach walkers. The experience is shared with all river dwellers. The fishes experience a different kind of life, as do the birds, raccoons, otters and less conspicuous beings.

The pristine wilderness river pleases our eye for adventure, exploration and is an amazing way to develop our insight and gratitude for river life. The river deserves our 'regard,' that is, consideration for its differences, its symmetry, flow and nature of change.  

The river pools, glides, riffles, rapids, boulder gardens, and the wood that falls into the river make the visible river that each and all have become accustomed to. The motion of the river water reaches into our minds, heart and soul. Floating a clear river is like flying low over a landscape. The river bottom features formations, each holding a place in the force of the water flow. The fishes take their place seriously, responding to the niche in which they live and survive. The fishes comprehend their hierarchy of survival, escape capture and prey upon lesser feeders according to 'nature.' The fishes are conscious, react and respond using their energy precisely to navigate the eddies, holes, reversals, and log jams, in daylight and dark. At one moment the fishes coexist, a mutual understanding of rest, the next moment a furious pursuit of food.

The pristine rivers offer the birds of prey, the raccoons, otters, bears, cats, and others a natural flow of events. In regulated rivers the birds await the seasonal planting of hatchery fishes. The Ospreys and Eagles sing to fisherman floating the rivers for their released fish. The fish ducks assemble their fishing team families and organize to capture a meal. There is no question about it, the 'ducklings' face white water towering over their heads and obediently follow their parent with precision, truly cognitive of the need to learn river running skills.

The river people are as diverse as the beings sharing the river experience. Most true river people would welcome a river journey that would be life long, never retreating to the urban/metro boxes they remember with perhaps, regret. These people seem to develop a kind regard for the many dwellers that stay, night and day, high water and low, from season to season and year to year.

The natural river dweller's real sense of 'ethics' escapes the ethical tradeoffs, middle ground, usual to human stewards of river 'use.' Their ethical boundaries are very definitive and learned for a reason. The flying, swimming, crawling and walking dwellers that live with the river have no social security, health and medical insurance, unemployment compensation, academic scientific expertise or shelter apart from the river threshold itself. Their ethical regard is intrinsic to the health and welfare of the river. The natural river dwellers do not comprehend 'restoration plans' of stewards. The river dwellers do not contemplate 'leave no trace.' They are puzzled when the 'user' arrives in a fuel driven vehicle, many pieces of equipment, apparatus and personal items that require things from other places.

When I view the natural river dwellers, it is with compassion and regard for their differences, their will and resilient appreciation for the river in itself.


The olden days

By Robb Grubb

I remember the river with my dad. Fishing on crystal cold waters in boats made of wood. Falling asleep to the rhythm of his rowing on the way home. Safe from watery hazards as he guided his way through boulder gardens, around tight brushed corners to end up at the boat ramp and home for dinner with mom. These dangers that we now use the best, most expensive technical equipment to comfort our feeble minds were not so dangerous back then. They were obstacles in our way of fish. Those days were filled with learning and I didn't even know it. To me it was pleasure and a day off from school, which in a way taught me more than fifth period engish could. Today I guide class V rivers in PVC whitewater boats with rich kids from down south wanting to prove to themselves that they are "the bomb" to whom ever may be watching. I once not so long ago fell asleep in an eddy at the oars of my little wood dory. Who's to say what happened when sleeping, when I awoke my dad was just dropping through the next chute in front of me. It was a crystal cold day on high green water.


Pull on the Right Oar

By William Blair

"Pull on the right oar." These words are recognized by the Outdoor Ventures students, as those spoken by the instructors while on the river. Pull on the right oar means a lot to the many students who have experienced the senior instructors teaching float planning, equipment systems, formula maneuvers and safety response in the Outdoor Ventures River Education Syllabus.

"Listen to me," "tell me what you see," "are you on the deadline," "stay task oriented,' are deeply instilled in the thoughts of student who have learned to row, paddle and drift from Outdoor Ventures instructors. "There will be a day, when you don't remember not knowing how to run the river" using the 'formula maneuvers' taught by Outdoor Ventures. These words are appreciated by many private and professional river people now enjoying the Willamette, McKenzie, Santiam, Rogue, Umpqua, Deschutes, Sol duc, Calawah, Hoh, Skagit and the many other prestigious streams of the Pacific Northwest.

"I can always know your students, they row smooth." This recognition and gratitude for the value of the instructor's diligence and dedication is repeated once and again, as the river miles flow by. The Outdoor Ventures promotional video provides demonstrations of the instructors formula maneuvers through calm stretches and turbulent white waters so valued for their "training rocks," and especially when the instructors select a rock to provide the student with a "time out" experience atop of an obstacle.

The Outdoor Ventures students remember the intense moments of spinning off rocks, fading or spinning away from a deadly log jam, or having the instructor take away an oar in the gap at Martens rapid. "Ok, you lost an oar." "That makes two," responded the student. Yes, staying present in risk situations is an important and emphasized element in the OV proficiency training. "When your Outdoor Ventures instructor puts on a dry suit in the middle of summer," be ready for surprises, such as your instructor calculating a moment to 'leave the boat,' so you can experience a rescue.

Through flood level flows, rain, snow, hail, high winds, heat and low water, each season brings a 'rookie' to an appreciation for calm spring and summer days on the river. High flood levels, extreme low water, heavy traffic and obstacles are some of the extraordinary on the water conditions required by Outdoor Ventures instructors to fulfill a training curriculum.

"Staying on the leading edge of Safety," is Outdoor Ventures slogan. This embodies the advanced skills of instructors that know when to take the oars or override the paddlers. Outdoor Ventures students acquire a regard for these 'guides' that know which rock to 'stick' the boat on or 'rap' the raft, and when to pass by dangers. With a smile, the Outdoor Ventures instructor says, "don't try this one at home."


Instructors notice - Guide Level Expectations - SB 579 (ORS)

June 23, 2005

To: Governor, State of Oregon

To: Oregon State Marine Board

To: Attorney General, State of Oregon, Corporation Division

To: University of Oregon, Board of Regents

To: US Forest Service, Willamette National Forest

To: US Bureau of Land Mangement, Rogue River

Info: All Oregon outfitter/guides/instructors

 

The Oregon State Marine Board administers statutes adopted and enacted by the Oregon State legislature, which apply to Outfitters/Guides. The outfitter/guides are 'liveries.' The state and federal agencies proscribe outfitter/guides/instructors as 'recreational users.' The principle and legal fact is that all outfitter/guides are instructors, as is documented in past and present statutory definitions (ORS) and by virtue of the SB 579 legislation for "self-certification." SB 579 and 'parallel authorities' (federal legislation) assert that a person that physically provides 'guide' services is subjugated to a different set of standards than that of the 'outfitter' and 'guides in fact' using motorized craft on class III and above waters, e.g. Rogue River jet boat tours and liveries. The special Oregon legislation, SB 579, its underlying appears to be to " certify boaters as a tool to manage and direct use ," e.g. aggregate allocation of user by professional personality, craft type and agency management preference.

Oregon law, under lawfully established 'equivalency' accreditation, protects the outfitter/guides as instructors. The US Forest Service and Bureau of Land Management issue 'commercial' and 'special use permits' and charge special fees to conduct business within their respective public jurisdictions. "Uniform Commercial Codes" apply to 'commercial' outfitters and guides. The state educational institutions, cities, counties, universities, municipals, non-profit organizations and churches are exempt from UCC standards, taxes, fee % and receive public funding. This exemption creates a special business advantage, protection measure and dual control to the 'state' and 'non-profit' institutions favor over "commercial" outfitter/guide/instructors that are subjugated to this "unfunded mandate." The 'standards' are enforceable by the Oregon State Police and concurrent jurisdictions, such as the US Departments of Agriculture and Interior, e.g. USFS, BLM, & NPS. The geographic features of "pristine," and "premier" economic river thresholds are controlled through "Recreational Opportunity Spectrums," Visual Quality Objectives," as stipulated in State and Federal FEIS and 'planning document' records. The affected exclusive economic river zones involve class II-III-IV. The aim appears to further different levels of standards for outfitters, guide and channel the 'teacher' 'instructor' attribute away from the professional outfitter/guide personality. This action has direct bearing on the continuing expansion of the institutionalized 'private and professional training market.'

The 'right to navigate in fact' on streams of Oregon is an issue of natural law, civil law and maritime law. The special agency 'management' interest exemplified by the agencies finding is there, " has been no need to certify boaters for public safety " (exhibit- Deschutes River Plans). Respective agency actions "certify boaters as a tool to manage and direct use." The majority of river management plans address 'aggregate allocation of use,' under the state, tribal and federally adopted doctrine of "equal access and opportunity." Formal consensus among decision makers, preferred agency partners, favored stakeholders, facilitators and subordinate inputers is used to establish river use 'guidelines,' and 'standards' under sustainable management and development. The standards are interpolated into practices, such as river permit lotteries, and 'pooling' themes designed to give the appearance of 'fair and balanced' access, occupancy and use of the river public right of way. Although 'Indian Treaty covenants' do not provide for 'Indian (tribal) sport fishing outfitting/guiding/instruction,' agency protocols separate 'pooling' for this non-treaty, non-indigenous activity. This establishes an exclusive and special navigation right to the federal government because the federal government asserts eminent domain and claims 'original title' over Indian trust lands, reservations and subordinates State public water travel right of ways.

The rivers are 'natural' and 'regulated' and are deemed a 'flow resource.' Regulated river flow discharges and 'levels' are determined by the needs of the greater metro regions, 'market' sales of the water and contingency power plant outputs. The regulated flow 'spikes' and 'shut offs' may be a 'surprise' and the negative affect on outfitters/guides (liveries) is not congruent with public 'goal values and operational priorities.' Natural river scientific restoration protocols, e.g. cyclic and sustainable flows, are technically off-set by the brooding of hatchery production fish stocks and counting them as wild fish stock recruits returning to "wild & scenic rivers."

The person that physically provides 'guide' services is subjugated to a different set of standards than that of the 'outfitter,' and 'guides in fact' using motorized craft on class III and above waters. Major State institutions, Indians, and churches are provided special treatment. 'Facilitators' are used by specific entities that escape guide standards. The majority of river related injuries and deaths occur on still, slow moving and N-II river waters. The general test applies, that is, the 'operator in command' of the craft is to, "act as a reasonable and prudent person would under the same circumstances." In the 2004 Rogue River mishap case that was subjected to public perception management, and set off the special SB 579 legislation appears to have espoused and encourage a franchise for "swift water rescue training," an existing business trademark. A collective mindset was applied, e.g. safe boaters assume the burden for the singular unsafe practice of a specific outfitter and guide in fact . The victim's association to the University of Oregon, Law School, was a driving publicized factor in the SB579 Legislation, over and above the importance of prior river mishap victims on lesser classes of still, slower moving river waters in Oregon. The 'precautionary' principle was mis-applied to "measures." The SB 579 special legislation demonstrates contradictions to and exemptions from 'best management practices' (ISO) within itself and connections to other existing promulgated Oregon Revised Statutes.

In terms of weighting insurance premiums, e.g. "risk management," this special application causes a dysfunctional and inaccurate risk assessment and assignment of premium values. Risk management includes the relationship of the 'management' outfitter and the guide (non-instructor) 'employee.' The outfitter that provides the craft, essential equipment systems and transport mechanism shares an assumption of risks and liability, which extends to float planning, selection of equipment and guides. The risk and liability of the outfitter, contingency agency managers that 'post' instructions to boaters, or regulators are inescapable when each presumes to control the guide in fact. The mandate of prior training is codified, with the defect in that 1 st time outfitter/guides are required to receive training. From whom? This 'piece meal' legislative approach merely meets lesser tests, and puts the public standard under agency administrative consensus 'decision making.' The Oregon statutes already provide, "act as a reasonable and prudent person would under the same circumstances." It is important for each guide to take responsibility for informing agency contingency managers and employers of dysfunctional river management strategies, float planning, and defective equipment systems and make appropriate recommendations. Negligence and tort claim paradigms apply to 'all' persons that requires obedience from the guide in fact. The guide in fact will be vectored ultimate responsibility for controlling the 'float trip in progress' with known risks . At the trip level the guide is responsible to notify the participants of foreseeable risks, use suitable craft, essential equipment systems and maintain their capacity to perform on the water. By soliciting the outfitter/guide service, absent of deception, the customer acknowledges his/her capacity to engage in the activity.

"Formal consensus" among select and officially enfranchised 'guide associations' has dominated the 'public engagement' process for developing, implementing 'outfitter/guide' policy, ethical codes of conduct and performance standards for registered, licensed, insured sole proprietorships and partnerships. The Oregon State Marine Board received recognized participations from the Oregon Guides & Packers Association, and particular professional guide associations pertaining to SB 579. These associations require a payment for asserting legislative representation on behalf of their exclusive membership. Those outfitter/guides/instructors not belonging to the 'associations' are likely, under 'formal consensus' not to have effective, timely, equal say into the exclusive 'decision making' processes. "Formal consensus" and "enforcement of the group's decisions" obstructs an 'industry wide level playing field.' The OSMB has a legislated public duty to engage all outfitter guides that it sets policy and standards for. Sustainable management and budgetary fiduciary duty for informing all outfitter/guides/instructors follows. The OSMB, having assumed power and authority over all registered persons, has failed to effectively implement a fair system of distributing essential information about legislation, agency rule making and emergency measures. Merely publishing on the Internet, selected news magazines, and sitting the table with association hierarchies does not constitute broad based and diverse public hearing of initiatives, referendums or legislation. "Economically and socially disadvantaged" persons and businesses, non-members of associations, liveries, are effectively left out of the information flow and public engagement process. Budgetary efficiency is not the determining factor in the face of the agency efforts to provide special accommodations for tax sheltered, non-profit corporation outfitter/guides in fact, that directly and competitively advertise river 'recreation' services. This privileged information and public engagement agency practice must be changed .

The following safety 'measures' have been incorporated to the SB 579 Oregon legislation (as quoted, Paul Rainey & Phil Donovan, NW Public Affairs) and will be codified during 2005:

"Requiring all persons physically providing guiding services and all passengers in class III or higher water to wear a properly secured US Coast Guard approved floatation device (This does not apply to motorized boats that are inspected by the USCG.).

Requiring each non-motorized boat that is physically operated by the outfitter guide or an employee of the outfitter to carry passengers in water rated as class III to be equipped with a rescue throw bag; and

Requiring all person physically providing outfitting and guiding services in class III or above water to have completed at least one trip on that section of water and be self-certified in the following:

Equipment preparation and boat rigging, Understanding the recognizing river characteristics and hazards, Methods of scouting rapids, Methods of physically guiding boats through rapids, Proper client communication, how to provide paddling and safety instruction and methods of river rescue techniques, including emergency procedures and equipment recovery, Outfitter employees have CPR & first aid."

In SUMMARY, the above provisions are ' repetitious of existing' public policy and law , and majority of actual practices of "on the water" outfitter/guide professionals operating on class III and above waters. It is imperative that management 'conformity' stands aside when deliberating upon and making decisions about 'self-certification' and individual outfitter/guide paradigms. The agencies claim indemnification and release of liability for the 'standards' and paradigms they invoke, e.g. 'additionally insured.' The purpose of management is to administer functional systems that answer the 'public welfare and purpose.' It is not within the functional parameters of agencies to establish outfitter/guide 'values,' 'traditions,' 'cultural styles,' 'state of the industry equipment,' or channel exclusive economic advantages to 'preferred partners.' Agency co-operation with outfitter/guide insurance providers to exclusively channel 'coverage' for 'training,' 'certification,' or 'accreditation' to state institutions, agencies, municipals or favored NGOs is not supportable or acceptable under accurate risk management criteria and assessment, or commonly observed on the water performance histories. This is significantly applicable when the insurance coverage premium is paid for with public funds. It is imperative that all outfitter/guides be put back into the 'communications' and 'information loop,' prior to irreversible 'judgment calls' and 'consensus based decisions,' in order to avoid the establishment of dysfunctional legal paradigms put upon the public .

The Outdoor Ventures River Education Syllabus surpasses these consensus based 'measures.' The instructors and examiners motto is " Stay on the Leading Edge of Safety ." Outdoor ventures training course outline is comprehensive, including academic and on the water education blocks for private and professional boaters. " Formula Maneuvering " (TM) is central to OV " Minimum Risk Travel Strategies ." (TM) The usual chronological time span of 'instruction' is a full cycle of seasons, ranging from high flood waters to extreme low water conditions, on river classes N-IV, pro-rated upon proven experience. The student expectations include environmental, civil, craft and equipment operating systems, legal responsibilities of 'professional outfitter/guides,' emergency responses and documentation of proficiency on the water. The OV River Education Syllabus is performance based, which is centered on pro-active, rather than isolated to 're-active' emergency recoveries and rescue scenarios. During instruction OV outfitter/guide students are exposed to actual river emergencies and rescue risk situations, under the instructor's direction. The curriculum and lesson plans are proprietary business information, owned and/or licensed to Outdoor Ventures for use. OV's business covenant and policy, operational plans have been officially delivered, as an exhibit, to the Oregon State Marine Board, US Forest Service and Bureau of Land Management, and individual OV students. Outdoor Ventures takes a pro-active positive performance based approach to boater safety and operator proficiency on the water, and is available for public outreach and education pertaining to all attributes of the rivers and aspects of the outfitter/guiding industry and institutional management.

 

Outdoor Ventures

Registered Oregon Partnership

Education code: 611000


DRIFTER Copyright © 2005 William Blair

Proud sponsors of Drifter:

Thank you to Outdoor Supply Company for outfitting OV dories at the 2005 Oregon River Games with Accessories and Gear.

 

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