(1)__A person who violates this subsection 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 this subsection 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. 334. 12 MRSA §12910, sub-§4, ķA, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, is amended to read:

A. A written report of any accident occurring in connection with a whitewater trip conducted by that outfitter resulting in the death of a person, a person's losing consciousness or receiving professional medical treatment, a person's becoming disabled for more than 24 hours, a person's disappearance from a whitewater craft under circumstances indicating death or injury or damage to the whitewater craft or other property of more than $100 $1,000; and

Sec. 335. 12 MRSA §12910, sub-§5 is enacted to read:

5. Penalties.__The following penalties apply to violations of subsection 4.

A.__A person who violates subsection 4 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 subsection 4 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. 336. 12 MRSA §12911, sub-§3, 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 D, §7, is repealed and the following enacted in its place:

3.__West Branch Penobscot River. The recreational use limit of the West Branch Penobscot River between McKay Station and Pockwockamus Falls is 560 commercial passengers per day. Noncommercial recreational use is not limited.