An Act To Eliminate Restrictions on Affiliated Outfitters in Laws Governing Whitewater Rafting
Maine Legislature, Session 126, LD 0618
Committee: Inland Fisheries and Wildlife
Sponsors: McCABE, SAVIELLO, CROCKETT, DUNPHY, GILBERT, HARVELL, WHITTEMORE
Amends: 12 MRSA §12901, 12 MRSA §12907, 12 MRSA §12913

Legislative Document 
No. 618 
H.P. 437 
House of Representatives, February 21, 2013 
An Act To Eliminate Restrictions on Affiliated Outfitters in Laws 
Governing Whitewater Rafting 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative McCABE of Skowhegan. 
Cosponsored by Senator SAVIELLO of Franklin and 
Representatives: CROCKETT of Bethel, DUNPHY of Embden, GILBERT of Jay, HARVELL 
of Farmington, Senator: WHITTEMORE of Somerset. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  12 MRSA §12901, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is repealed. 
Sec. 2.  12 MRSA §12901, sub-§2, as affected by PL 2003, c. 614, §9 and 
amended by c. 655, Pt. B, §320 and affected by §422, is repealed. 
Sec. 3.  12 MRSA §12907, sub-§8, as enacted by PL 2003, c. 414, Pt. A, §2 and 
affected by c. 614, §9, is repealed. 
Sec. 4.  12 MRSA §12913, sub-§2, as amended by PL 2011, c. 68, §1, is further 
amended to read: 
2.  Allocation required. This subsection governs commercial whitewater trips on 
rivers subject to allocation requirements. 
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-A)  Under extenuating circumstances as determined by the commissioner, the 
commissioner may allow the emergency transfer of a commercial whitewater 
rafting trip from a rapidly flowing river to another rapidly flowing river as long 
as sufficient water is available in the river to which the commercial whitewater 
rafting trip is to be transferred.  Notwithstanding subsection 3, the commissioner 
may allow the recreational use limits to be exceeded pursuant to this 
subparagraph.  Under no circumstances is a transfer of a whitewater rafting trip 
allowed to the West Branch Penobscot River.  The department shall report 
annually to the joint standing committee of the Legislature having jurisdiction 
over inland fisheries and wildlife matters regarding the implementation of this 
subparagraph. 
(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. 
(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. 
B.  Not more than one member of an affiliated group may conduct whitewater trips 
on any river or stretch of river for which a specific allocation is required, including 
on days for which an allocation is not required.  The following penalties apply to 
violations of this paragraph. 
(1)  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. 
(2)  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. 
C.  Three or more years after the period of affiliation, the department may, in its 
discretion, consider requests by any former member of an affiliated group to run 
passengers on allocated rivers.  The burden rests on the former member of an 
affiliated group to demonstrate that the reasons for any finding of affiliation have so 
diminished in effect that the public interest will be served by considering the former 
member's request to run passengers on an allocated river. 
SUMMARY 
This bill eliminates those sections of law that govern the licensure of affiliated groups 
and affiliated outfitters as commercial whitewater outfitters, removing restrictions on 
their participation in the industry.