An Act To Allow the Transfer of Whitewater Rafting Allocations When Water Levels in a River Are Not Suitable for Whitewater Rafting
Maine Legislature, Session 125, LD 0378
Committee: Inland Fisheries and Wildlife
Sponsors: McCABE, SCHNEIDER, BLACK, CLARK, DUNPHY, FOSTER
Amends: 12 MRSA §12913

Legislative Document 
No. 378 
H.P. 304 
House of Representatives, February 8, 2011 
An Act To Allow the Transfer of Whitewater Rafting Allocations 
When Water Levels in a River Are Not Suitable for Whitewater 
Rafting 
(EMERGENCY) 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative McCABE of Skowhegan. 
Cosponsored by Senator SCHNEIDER of Penobscot and 
Representatives: BLACK of Wilton, CLARK of Millinocket, DUNPHY of Embden, FOSTER 
of Augusta. 
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the efficient use of the limited whitewater rafting resources is vital to the 
local economies; and 
Whereas, this Act must take effect before the short whitewater rafting season begins 
in early spring; and 
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §12913, sub-§2, ¶A, as amended by PL 2009, c. 340, §17, is 
further amended to read: 
A.  Except as provided in this paragraph, a person may not operate a commercial 
whitewater trip on the Kennebec River between Harris Station and West Forks or on 
the West Branch Penobscot River between McKay Station and Pockwockamus Falls 
without an allocation or in excess of an allocation on any day for which allocations 
are established under this subsection or by the department by rule. 
(1)  Allocations are not established and are not required for other rivers or for 
other stretches of the Kennebec River or the West Branch Penobscot River. 
(2)  Allocations are required for Saturdays on the Kennebec River between Harris 
Station and West Forks for the period of July 1st to August 31st. Allocations are 
required for Saturdays on the West Branch Penobscot River between McKay 
Station and Pockwockamus Falls for the period of July 1st to August 31st. The 
commissioner may adopt rules establishing allocations for Sundays for the period 
of July 1st to August 31st.  If the department determines that the recreational use 
limit will be reached on other days, the department shall provide by rule for 
allocations.  Rules adopted under this subparagraph are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
(3)  Under high-water or low-water conditions on the West Branch Penobscot 
River, or the Kennebec River or on the Dead River on the several days in the 
months of April and May when special water releases are scheduled to be made 
from the Flagstaff Dam to permit whitewater rafting on the Dead River, an 
emergency swap of an allocation may be made to the Kennebec River, the West 
Branch Penobscot River or the Dead River, as long as sufficient water is 
available there in the river to which the allocation is to be transferred. Under no 
circumstances is a transfer of an allocation allowed from the Kennebec River to 
the West Branch Penobscot River. 
(4)  An outfitter may occasionally exceed the allocation by 2 passengers on a trip 
of up to 40 passengers, or 4 passengers on a trip of more than 40 passengers, to 
accommodate problems in booking, as long as the average of the number of 
passengers carried on an outfitter's 10 best allocated days for each river and for 
each allocated day of the week does not exceed the outfitter's allocation for that 
river and day.  Abuse by an outfitter of the privilege to carry additional 
passengers results in the loss of the privilege for a period to be determined by the 
commissioner. 
(5)  On the several days in the months of April and May when special water 
releases are scheduled to be made from the Flagstaff Dam to permit whitewater 
rafting on the Dead River, commercial whitewater rafting trips may be 
transferred from the Dead River to the Kennebec River whenever high-water or 
low-water conditions render use of the Dead River unsafe or inappropriate for 
commercial whitewater rafting trips. 
(6)  The following penalties apply to violations of this paragraph. 
(a)  A person who violates this paragraph commits a civil violation for which 
a fine of not less than $100 nor more than $500 may be adjudged. 
(b)  A person who violates this paragraph after having been adjudicated as 
having committed 3 or more civil violations under this Part within the 
previous 5-year period commits a Class E crime. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
This bill allows the swap of a whitewater rafting allocation between the West Branch 
Penobscot River, the Kennebec River and the Dead River whenever high-water or low-
water conditions prevent whitewater rafting on any of the 3 rivers.