8.__Affiliated outfitters.__An affiliated outfitter may be licensed, but is subject to additional allocation restrictions.__ An application for allocations must contain a declaration of the extent of affiliation, as defined in section 12901, subsection 2, or a declaration of nonaffiliation and a statement disclosing any relationship with other licensed outfitters, including the giving or receipt of equipment, materials or other assistance. The department may require submission of any books, memoranda, papers or accounts it reasonably believes necessary to determine whether a person seeking an allocation is an affiliated outfitter.__Any books, memoranda, papers or accounts submitted pursuant to this subsection are confidential and may be made available only to persons involved in determining affiliation and only for that purpose, unless they are submitted for another purpose.

9.__Limitation.__This chapter may not be construed as revoking any right of passage or access created by statute, contract or operation of law or as creating any such right for any outfitter or any associates or customers of any outfitter upon the project or project works of any licensee of the Federal Energy Regulatory Commission, as the terms "project" and "project works" are defined in United States Code, Title 16, Section 796 (11) and (12), respectively.

§12908. Noncommercial organization that collects dues or fees

Notwithstanding section 12901, subsection 5, an organization that collects dues or fees may conduct rafting trips on rapidly flowing rivers without obtaining a commercial whitewater outfitter's license if the commissioner determines under this section that the organization is a noncommercial organization.__ An organization is a "noncommercial organization" if the commissioner determines that the organization is:

1.__Tax-exempt nonprofit corporation formed before March 1, 1996.__A nonprofit corporation incorporated before March 1, 1996, including any council, troop or other organized local group affiliated with the corporation, that collects dues or fees from its members and for which conducting whitewater rafting is incidental to the purpose of the corporation.__The organization wishing to conduct a rafting trip on a rapidly flowing river without a commercial whitewater outfitter's license under this subsection shall file a written request with the commissioner at least 15 days before conducting that trip.__The request must include the name of the organization conducting the trip and the time, location and number of persons participating in the trip.__ The commissioner may request any additional information from the