Maine Revised Statutes Title 12 Sec. 12912 – Rapidly flowing rivers
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1. User fee. This subsection applies to the payment of user fees by outfitters carrying passengers on rapidly flowing rivers.
A. Each outfitter shall:
(1) Pay a user fee of $2 per passenger, excluding guides, carried by the outfitter on any whitewater trip; and
(2) Pay this fee by the 30th day of the month following the month in which the passengers were carried. [PL 2009, c. 213, Pt. OO, §12 (AMD).]
B. The following penalties apply to violations of paragraph A.
(1) A person who violates paragraph A 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 paragraph A 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. [PL 2003, c. 655, Pt. B, §336 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2009, c. 213, Pt. OO, §12 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 12 Sec. 12912
- Commissioner: means the Commissioner of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72
- outfitter: means a person who collects dues or fees or receives any form of compensation for arranging or providing whitewater rafting trips or for operating a whitewater rafting organization. See Maine Revised Statutes Title 12 Sec. 12901
- Person: means an individual, corporation, business trust, estate, trust, partnership or association, 2 or more persons having a joint or common interest, or any other legal or commercial entity. See Maine Revised Statutes Title 12 Sec. 12901
- Rapidly flowing river: means a river or stretch of a river with rapids classified as class IV or higher by the department according to the International River Classification System or a river or stretch of a river designated by the department by rule on the basis of public safety, including, but not limited to, the Kennebec River between Harris Station and West Forks and the West Branch Penobscot River between McKay Station and Pockwockamus Falls. See Maine Revised Statutes Title 12 Sec. 12901
- User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services.
- Whitewater trip: means a commercial effort to transport passengers by means of a whitewater craft on rapidly flowing rivers, except commercial efforts by guides licensed under section 12853 to transport clients by means of a whitewater craft on rapidly flowing rivers while principally engaged in fishing. See Maine Revised Statutes Title 12 Sec. 12901
2. Reporting. This subsection applies to the submission of monthly reports by outfitters carrying passengers on rapidly flowing rivers.
A. Each outfitter shall:
(1) Report monthly to the department the number of passengers carried each day on each rapidly flowing river;
(2) Ensure this report is accurate; and
(3) Submit the report by the 30th day of the month following the month in which the passengers were carried. [PL 2003, c. 655, Pt. B, §336 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
B. The following penalties apply to violations of paragraph A.
(1) A person who violates paragraph A 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 paragraph A 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. [PL 2003, c. 655, Pt. B, §336 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §336 (RPR); PL 2003, c. 655, Pt. B, §422 (AFF).]
3. Passenger limitation. This subsection applies to the carrying of passengers under this section.
A. Except as provided in this subsection, an outfitter may not carry:
(1) On any unallocated rapidly flowing river more than 120 passengers per day; or
(2) On any allocated rapidly flowing river more than 120 passengers per day except on allocated days when a licensed outfitter may carry only up to the number of allocations the outfitter has been allocated. On allocated days, that limit may be exceeded only as provided in section 12913, subsection 2, paragraph A, subparagraph (4). On unallocated days, an outfitter may occasionally carry up to 4 additional passengers to accommodate problems in booking. Abuse of the privilege to carry 4 additional passengers results in its loss for a period to be determined by the commissioner. [RR 2021, c. 2, Pt. A, §24 (COR).]
B. The following penalties apply to violations of paragraph A.
(1) A person who violates paragraph A 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 paragraph A 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. [PL 2003, c. 655, Pt. B, §336 (NEW); PL 2003, c. 655, Pt. B, §422 (AFF).]
[RR 2021, c. 2, Pt. A, §24 (COR).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §B336 (RPR). PL 2003, c. 655, §B422 (AFF). PL 2009, c. 213, Pt. OO, §12 (AMD). PL 2013, c. 245, §5 (AMD). RR 2021, c. 2, Pt. A, §24 (COR).