Sec. 322. 12 MRSA §12901, sub-§5, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:

5. Commercial whitewater outfitter; outfitter. "Commercial whitewater outfitter" or "outfitter" means a person who conducts commercial whitewater trips or who collects dues or fees or receives any form of compensation for arranging or providing whitewater rafting services trips or for operating a whitewater rafting organization. A commercial whitewater outfitter license does not authorize the holder to guide whitewater rafting trips unless that person also holds a valid whitewater guide's license.

Sec. 323. 12 MRSA §12901, sub-§11, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:

11. Whitewater guide. "Whitewater guide" means a person who receives any remuneration from a commercial whitewater outfitter for accompanying, assisting or instructing passengers clients of that commercial whitewater outfitter on the river on whitewater trips and who holds a current whitewater guide's license.

Sec. 324. 12 MRSA §12905, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed.

Sec. 325. 12 MRSA §12906, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is repealed and the following enacted in its place:

§12906.__Rule violations; whitewater rafting

The following penalties apply to violations of rules regulating commercial whitewater rafting.

1.__Civil.__Notwithstanding section 10650, a person who violates a rule regulating commercial whitewater rafting commits a civil violation for which a fine of not less than $100 nor more than $500 may be adjudged.

2.__Criminal.__A person who violates a rule regulating commercial whitewater rafting 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.

Sec. 326. 12 MRSA §12907, sub-§3, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read: