§12913.__Allocation system

1.__Goals.__The goals of the allocation system are:

A.__To encourage a wide diversity of whitewater trip experiences and services;

B.__To provide a fair distribution of river use among existing and future users;

C.__To maximize competition within the recreational use limits;

D.__To allow for reasonable business stability for outfitters by allowing stable, well-qualified outfitters who are providing excellent service and meeting the conditions of their allocations to continue to do so, subject to periodic review;

E.__To encourage efficient use of the allocation system;

F.__To be flexible enough to adapt to changes in river use or river conditions;

G.__To prevent evasion of the system; and

H.__To provide opportunity for public access.

2.__Allocation required; affiliated outfitters restricted.__ Except as provided in subsection 7, a person may not operate a commercial whitewater trip on the Kennebec River between Harris Station and West Forks or on the West Branch Penobscot River between McKay Station and Pockwockamus Falls without an allocation or in excess of an allocation.__An allocation is not required for other rivers or for other stretches of those rivers.__ Not more than one member of an affiliated group may conduct whitewater trips on any river or stretch of river for which a specific allocation is required, including on days for which an allocation is not required.

Three or more years after the period of affiliation, the department may, in its discretion, consider requests by any