3.__Allocations, maximum, minimum.__The department may allocate the privilege to conduct whitewater trips to licensed outfitters.__The maximum allocation for an outfitter is 120 passengers per day.__The minimum allocation to be awarded is 10 passengers per day on the Kennebec River and 16 passengers per day on the West Branch Penobscot River.__The total number of allocations issued for an allocated day may not exceed the recreational use limits established in section 12911.__The department may declare a day to be an allocated day when the department determines that the regular and persistent use of the river on that day from year to year may exceed the recreational use limits for that day.

4.__Conditions for holding allocations.__Allocations are a privilege extended by the State for the use of a limited public resource.__The department may suspend, revoke or reduce the number of allocations when it is advisable to do so for better management of the resource or for protection of public safety and welfare.__An outfitter's allocations are subject to forfeiture or suspension by the department if the outfitter fails to maintain the conditions of its license, fails to continue using its allocations productively or fails to maintain a quality of service consistent with the public interest.

5.__Allocation criteria.__The department may adopt rules specifying a schedule for reviewing outfitters who hold allocations and setting forth the criteria for awarding allocations.__An outfitter shall submit periodic public reports to the department documenting river use for both allocated and unallocated days.__If the department determines that additional allocated days are required, the allocation of trips on any such additional day must be distributed among existing licensed outfitters, upon payment of the appropriate allocation fee, in accordance with their percentage of total use averaged over the rafting season on that rapidly flowing river on that particular day, up to the limit on allocations established in subsection 3.

6.__Allocation fee.__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.__ This may be in quarterly payments, beginning 30 days after the allocation is awarded. The maximum allocation fee is