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 137-14-07 - Allocation System

Current through 2024-29, July 17, 2024
A.
Goals
This regulation establishes a schedule for reviewing
				  outfitters who hold allocations; sets forth the criteria for maintaining
				  allocations; and establishes the process for awarding allocations that have
				  been forfeited or returned to the Department.
B.
Review of Allocations
At any time, the Department may review an outfitter's
				  allocation for the purposes of determining whether the outfitter continues to
				  maintain the conditions of its license, continues using its allocations
				  productively, and continues to maintain a quality of service consistent with
				  the public interest.
Beginning January 1, 2019, the Department will review
				  outfitters who hold allocations according to the criteria described in (1)
				  below. The review will be based upon the performance in meeting past
				  allocations for each year of the preceding five-year period, except when
				  allocations are returned to the Department, which is addressed in (C) below.
Information on the use of allocations over the preceding
				  five-year period must be submitted by October 1 of the last year of the
				  preceding allocation review period.
Allocation review criteria will be based on the industry
				  average use for the five-year period in the review. The review will be based on
				  the outfitter's best four out of five calendar year average for allocated days
				  for the allocated river. If the industry average is 70% or greater, the review
				  criteria percentage to maintain 100% allocations will be 70%. If the industry
				  average falls below 70% use for the review, the criteria for the review will be
				  the actual industry average.
If an outfitter has had allocations for less than five
				  years, the following criteria will apply;
-An outfitter has had allocations for less than 2 years, the
				  outfitter is exempt from the review.
-An outfitter has had allocations for 2 years, the outfitter
				  would use the average of the best 1 year.
-An outfitter has had allocations for 3 years, the outfitter
				  would use the average of the best 2 years.
-An outfitter has had allocations for 4 years, the outfitter
				  would use the average of the best 3 years.
-An outfitter has had allocations for 5 years, the outfitter
				  would use the average of the best 4 years.
1. The Department shall evaluate information
				submitted by outfitters according to the following criteria based on holding
				allocations for at least 5 years:
a. An
				outfitter that averages at least 70% of their previous allocation during the
				best 4 years of the five-year review period shall retain 100% of that
				allocation;
b. An outfitter that
				averages at least 60% of their previous allocation during the best 4 years of
				the five-year review period shall retain 90% of that allocation;
c. An outfitter that averages at least 50% of
				their previous allocation during the best 4 years of the five-year review
				period shall retain 80% of that allocation;
d. An outfitter that averages at least 40%of
				their previous allocation during the best 4 years of the five-year review
				period shall retain 70% of that allocation;
e. An outfitter averaging below 40% shall
				have their allocations reduced to the amount used, or the statutory minimum,
				except in situations where the commissioner has determined that extenuating
				circumstances resulted in the loss of the ability to meet minimum
				standards.
f. The commissioner may
				suspend taking administrative action on an outfitter based on low industry use
				during any five-year review of allocations determined by the Department.
Example:
The average industry use during the
				  five-year review period for allocated days on the Penobscot River Saturdays was
				  70% for the review period. Under Chapter 14.07 (B) (1) (a), the percentage
				  requirement is 49%fulfillment to maintain 100% of that allocation (70% of 70%
				  is 49%).