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[Ed. Note: This is a follow up letter in response to the articles in on the above subject published in the October WrapAround. (If you didn't read the articles, you can read them on our website: NHAMCPaddlers.org]

I am new to the NH AMC Paddlers newsletter, and one of the first things I read was Tom Bacon’s account of a paddler being injured on the Kennebec and the situation being badly handled by a commercial raft guide. I have been paddling whitewater for about 12 years, and guiding commercial rafts for 10. In addition to guiding, I have taught several guide trainings, and was River Manager for a commercial company for 2 years.

As both a boater and a guide, I thought I might shed a little light on what seems to have happened, and help prevent a recurrence. To re-cap: a guide on the Kennebec in a commercial boat picked up an injured paddler. The guide gave the boater a ride to Magic Falls, and then asked him to get out due to liability concerns. The injured paddler asked 2-3 other guides for help, and was turned down. Eventually, Andy Webb, owner of River Drivers, gave appropriate assistance.

As a trainer for Professional River Runners I teach guides that they have a responsibility to help any injured person on the river. This is a professional and ethical obligation, not a legal one. Most trainers teach the same. While guides do have a responsibility to protect their employer from liability, they need at least a basic understanding of liability in order to do that.

By picking up an injured paddler the guide was exposing his company to some degree of liability. For example, if the guide decided to surf Goodbye Hole, and dumped the boat, instead of just being sued by eight people, the company could be sued by nine. Because the guide had no legal obligation to help the boater, he, and the company, would have some protection under the Good Samaritan law. This would not prevent a lawsuit, it would simply hold the guide to a lower standard than he is held with commercial customers. It is very rare that anybody who is protected by the Good Samaritan law is successfully sued.

SO WHAT? All of this is academic. Anybody on the river should help anybody who needs it. As a private boater I frequently assist raft companies, and as a guide, I assist boaters. Virtually all companies accept this principle. Anybody who doesn’t follow this principle has a misunderstanding of river ethics, liability, or both.

Guides are trained to be able to run Magic safely and conservatively. Whether it is for an injured person, a scared guest, or it’s just too cold to risk a swim, any licensed guide should be able to get through Magic safely. Every time. Once the guide had picked up the boater, he should have treated him the same as any injured guest.

My main point in writing this letter is to let fellow boaters know that what happened is the exception, not the rule. Most guides are out there because they love whitewater. Just like the rest of us.

In the event that you need help on a river, ask a commercial guide. If they seem unable to help, or unsure of what to do, politely ask to speak to the trip leader. Guides use the same signals as the rest of the river community. Just bear in mind that it can be very difficult to stop a raft even when clearly signaled. Also bear in mind that the commercial guides first responsibility is to the safety and well being of his or her crew.

Some general information about raft companies in Maine.

Guides and companies are regulated by the Department of Inland Fisheries and Wildlife. http://www.state.me.us/ifw/index.html

All guides are certified in first aid. Trip leaders are at minimum Advanced First Aid. Many are Wilderness First Responder, or Wilderness EMT.

All raft trips carry a comprehensive first aid kit, and a throw rope.

Many guides are certified Swiftwater Rescue Technicians.

Many guides are boaters.

All rafting vehicles have backboards. Many have cell phones.

Guides know more about making rescues happen than most private boaters. They know how to contact IFW, get medical helicopters, etc.

We are all out there to have fun, and there is little reason for conflict on the river. Guides are trained and expected to respect the rights of all river users. Some things private boaters should keep in mind:

Rivers are a public resource. Everybody has a right to use them. Even Joey Bagodonuts who paid for his ride.

Rafts can be a little tricky to maneuver, but are pretty easy to avoid. Don’t surf out in front of a raft, especially if you are in the main wave train.

Don’t let a negative experience cloud your view of the entire community.

In the event of a conflict, try the following:

Speak directly to the guide, or to the trip leader. Do this either on river, or stop by the rafting base after paddling. If that doesn’t work, try to get a hold of the River Manager, or the company owner. Most owners are very involved in the running of the operation. Many are actually out on trips, and some are boaters.

If you can’t resolve a conflict by dealing directly with the company, contact Michelle Belanger of IFW. She can be reached at 207 287 1150. She is the warden responsible for overseeing the rafting industry. Though she has enforcement capacities, she is more interested in preventing and resolving issues.

If you are boating on the Kennebec and have any kind of conflict at put in, Carry Brook, or the ball field, get a hold of Ernie. He is the power company’s Recreation Manager. He is easy to find, just ask around at put in.

I hope this information is helpful to people.

See you on the river.

Harold Herschlag

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