Code of Maine Rules › 09 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE › 137 - DEPARTMENT OF INLAND FISHERIES AND WILDLIFE - GENERAL › Chapter 14 - Commercial Whitewater Rafting › Section 137-14-02 - Definitions

Current through 2024-29, July 17, 2024
When used in these rules, unless otherwise specifically
				  provided, the following words and terms shall have the following
				  meanings:
A.
Allocation
.
				"Allocation" means the privilege of taking a specified number of passengers per
				day on whitewater trips on a particular river (as set forth in
				12 MRSA,
				§12913, paragraphs 2-A and 3).
B-1.
Allocation review period
.
				"Allocation review period" means the five year period the Department reviews to
				determine whether an outfitter has made use of the allocations they have
				held.
B-2.
Commercial
.
				"Commercial" means for financial compensation or other remuneration.
B-3.
Commercial passenger
. A
				commercial passenger means any person paying a licensed whitewater outfitter a
				fee for a whitewater trip, excluding persons paying an outfitter a fee for
				providing whitewater guide training as described in 14.03.
B-4.
Multiple trip
. A multiple
				trip means any whitewater trip, other than the first trip of the calendar day,
				over the same section of a rapidly flowing river by the same commercial
				passenger.
C.
Rapidly flowing
				river
. "Rapidly flowing river" means the following stretches of river:
				the Kennebec River between Harris Station and The Forks; the West Branch of the
				Penobscot River between McKay Station and Pockwockamus Falls; the Dead River
				from its confluence with Spencer Stream to its confluence with the Kennebec
				River at a flow level of 2400 cfs or higher; the Rapid River from the outlet of
				Lower Richardson Lake to 3/4 miles upstream from Umbagog Lake at a flow level
				of 1200 cfs or higher, and the Magalloway River from Aziscohos Lake to the
				first Route 16 bridge west of Aziscohos Lake at a flow level of 800 cfs or
				higher. The South Branch of the Penobscot River from Canada Falls Dam to the
				bridge on the Northern Road just prior to Pittston Farm at a flow level of 500
				CFS or higher.
D.
Trip
				leader
. "Trip leader" means a person who is licensed as a whitewater
				guide and has been designated by the whitewater outfitter to supervise
				activities on a whitewater trip.
E.
Trip vehicle
. "Trip vehicle" means a motor vehicle which
				transports equipment necessary to a whitewater trip and which accompanies the
				trip to the extent allowed by existing road systems.
F.
Whitewater craft
. "Whitewater
				craft" means any raft, dory, bateau or similar watercraft that is used to
				transport passengers along rapidly flowing rivers or streams but does not
				include canoes or kayaks.
G.
Whitewater guide
. "Whitewater guide" means a person who has met
				the criteria established by the Department of Inland Fisheries and Wildlife to
				qualify as a whitewater guide and who holds a current whitewater guide's
				license.
H.
Whitewater
				outfitter
. "Whitewater outfitter" means a person (or corporation) who
				conducts commercial whitewater rafting, dory, or bateau trips on rapidly
				flowing rivers or streams and who holds a current license, issued by the
				Department of Inland Fisheries and Wildlife, to engage in commercial whitewater
				activities.
I.
Whitewater
				trip
. "Whitewater trip" means any commercial effort to transport
				passengers by means of a whitewater craft on rapidly flowing rivers or
				streams.