| C.__An outfitter, 10% or more of whose financial interests | are owned directly or indirectly or through a chain of | successive ownership by a person who owns 10% or more of the | financial interest in another outfitter; or |
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| D.__An outfitter who, in the year 1982 or thereafter: |
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| (1)__Purchases, leases, borrows, accepts, receives or | otherwise obtains on a nonarms-length basis from | another whitewater outfitter, either directly or | indirectly, more than 1/2 of its real or personal | property; or |
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| (2)__Receives from another outfitter on a nonarms-length | basis more than 1/2 of the ordinary services related to | the business of whitewater outfitting, including, but | not limited to, mail, telephone, reservations, repair, | maintenance, personnel training and management. |
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| A person may not be found to be an affiliated outfitter solely | because of blood relationship, marriage or previous employment.__ | If the department transfers a selling outfitter's allocation to a | buying outfitter or outfitters, pursuant to section 12907, | subsection 7, these transferred allocations must be added to the | buyer's allocations and may not be considered as affiliated. |
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| | 3.__Allocation.__"Allocation" means the privilege of taking a | specified number of passengers per day on whitewater trips on a | particular river, as specified annually. |
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| | 4.__Commercial.__"Commercial" means for financial compensation | or other remuneration. |
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| | 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 providing whitewater | rafting services or for operating a whitewater rafting | organization. |
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| | 6.__Demonstrated use.__"Demonstrated use" means for a given | outfitter for a given river the average number of passengers | carried on the 10 Saturdays or Sundays with greatest use during | the year. |
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| | 7.__Financial interest.__"Financial interest" means any voting | or nonvoting security, partnership interest whether limited or | general, trust interest, joint venture interest or any other | beneficial interest in any form of business association. |
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