An Act To Clarify Provisions of the Whitewater Rafting Laws
Maine Legislature, Session 126, LD 0281
Committee: Inland Fisheries and Wildlife
Sponsors: DUTREMBLE, SHAW, BURNS, BRIGGS, CRAFTS, DAVIS, EVANGELOS, KUSIAK, MARKS, SHORT
Amends: 12 MRSA §12913

Legislative Document 
No. 281 
S.P. 114 
In Senate, February 7, 2013 
An Act To Clarify Provisions of the Whitewater Rafting Laws 
Submitted by the Department of Inland Fisheries and Wildlife pursuant to Joint Rule 204. 
Reference to the Committee on Inland Fisheries and Wildlife suggested and ordered 
printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator DUTREMBLE of York. 
Cosponsored by Representative SHAW of Standish and 
Senator: BURNS of Washington, Representatives: BRIGGS of Mexico, CRAFTS of Lisbon, 
DAVIS of Sangerville, EVANGELOS of Friendship, KUSIAK of Fairfield, MARKS of 
Pittston, SHORT of Pittsfield. 
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 2011, c. 68, §1, 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-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.  A transfer authorized under this subparagraph is not restricted to 
an outfitter holding an allocation. 
(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. 
SUMMARY 
This bill clarifies that allocations may be transferred to any licensed outfitter, not 
only companies with allocations.