(1)__A person who violates this paragraph 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 paragraph 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.

6. Allocation fee. An When allocations are required, an outfitter shall pay the department an annual allocation fee, for either river when allocations are required, of $250 per unit of 20 passengers or less allocated per day on either river in excess of a single unit on a single river. Additional passengers over each increment of 20 constitute a new unit. This The annual allocation fee may be paid in quarterly payments, beginning 30 days after the allocation is awarded. The maximum allocation fee an outfitter may pay is $2,625 for the privilege of carrying 120 passengers per day on both rivers annually.

Sec. 341. 12 MRSA §12913, sub-§§7 and 8, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are repealed.

Sec. 342. 12 MRSA §12913, sub-§9 is enacted to read:

9.__Noncommercial whitewater rafting trips; prior registration required.__A person without a commercial whitewater outfitter's license using a whitewater craft on any stretch of river for which a specific allocation is required, including days for which an allocation is not required, shall file, prior to launching the craft, a noncommercial trip registration form with the department. The form must state that the person's use of whitewater craft on this river stretch does not constitute a commercial whitewater trip as defined in section 12901 and must be signed by all persons using the craft.

A commercial whitewater outfitter may not use a whitewater craft on any stretch of river for which a specific allocation is required, including days for which an allocation is not required, to carry any person, other than a commercial passenger or commercial whitewater guide, unless the outfitter files a noncommercial passenger registration form with the department before launching the craft.__The form must list the persons who are not commercial whitewater guides or commercial passengers, state that the persons listed are not commercial whitewater