A. 1. Until replaced or changed as provided for in subsection C of this section, the Grand River Dam Authority is authorized and directed to charge an annual use fee of Thirty-five Dollars ($35.00) per commercially owned and operated flotation device on the Illinois River within Adair, Cherokee and Delaware Counties.

2. The operation of a commercial flotation device without displaying a proper license issued by the Authority shall result in a fine not to exceed One Hundred Dollars ($100.00). The fine shall be assessed upon the owner or operator of the commercial flotation device business and not upon the individual renting the commercial flotation device.

3. Commercial flotation devices shall not be operated on Flint Creek in Delaware County and those portions of Barren Creek in Cherokee County.

B. For the Flint Creek and Illinois River within Adair, Cherokee and Delaware Counties and those portions of Barren Fork Creek within Cherokee County, the Authority is authorized and directed to charge until replaced or changed as provided for in subsection C of this section:

1. An annual use fee of Ten Dollars ($10.00) per noncommercial, privately owned device; or

2. A use fee of One Dollar ($1.00) per day for all noncommercial, privately owned flotation devices floating upon a designated scenic river. Landowners located immediately adjacent to a designated scenic river shall not be required to pay any fee for private use as authorized in this section or otherwise by law.

C. Under the provisions of Section 5 of this act granting the Authority the power to establish licenses and set fees, the Authority may promulgate rules for the collection and administration of the fees imposed pursuant to the provisions of this section or may promulgate rules establishing licenses and setting fees that change or replace the licenses and fees imposed pursuant to the provisions of this section. Upon final adoption of rules changing or replacing any or all of the licenses and fees imposed pursuant to the provisions of this section, the Authority shall cease to impose, collect or charge the license and fee that was changed or replaced by rule. Rules promulgated by the Authority pursuant to this section shall be in accordance with the Administrative Procedures Act.

D. Until replaced or changed as provided for in subsection C of this section, the Grand River Dam Authority may charge a fee for use of camping sites located in public use and access areas controlled by the Authority in an amount that does not exceed the rate charged by the Oklahoma Tourism and Recreation Department for camping sites.

E. For the purposes of the Scenic Rivers Act, "commercial flotation device" means a canoe, boat, kayak, inner tube, raft or other similar device suitable for the transportation of a person or persons on waterways which is available for hire by the public for use on scenic rivers.

Added by Laws 1980, c. 354, § 19, emerg. eff. June 25, 1980. Amended by Laws 1983, c. 332, § 4, emerg. eff. June 29, 1983; Laws 1987, c. 208, § 105, operative July 1, 1987; Laws 1987, c. 236, § 100, emerg. eff. July 20, 1987; Laws 1989, c. 147, § 5, emerg. eff. May 1, 1989; Laws 1989, c. 249, § 37, emerg. eff. July 1, 1989; Laws 1990, c. 205, § 5, emerg. eff. May 10, 1990; Laws 1993, c. 61, § 1, emerg. eff. April 12, 1993; Laws 1997, c. 241, § 25, eff. July 1, 1997; Laws 2000, c. 318, § 2, emerg. eff. June 5, 2000; Laws 2001, c. 76, § 1, emerg. eff. April 11, 2001; Laws 2001, c. 355, § 20, emerg. eff. June 1, 2001; Laws 2003, c. 192, § 7, emerg. eff. May 7, 2003; Laws 2003, c. 364, § 1, eff. July 1, 2003; Laws 2008, c. 301, § 2, eff. Jan. 1, 2009; Laws 2010, c. 391, § 1; Laws 2016, c. 297, § 19, eff. July 1, 2016. Renumbered from § 1470 of this title by Laws 2016, c. 297, § 36, eff. July 1, 2016.