7.__Exceptions.__The following exceptions apply to allocations.

A.__Allocations are required for Saturdays on the Kennebec River for the period of July 1st to August 31st.__ Allocations are required for Saturdays on the Penobscot River for the period of June 8th to August 31st.__The commissioner may adopt rules establishing allocations for Sundays for the period of July 1st to August 31st.__If the department determines that the recreational use limit will be reached other days, the department shall provide by rule for allocations.

B.__Under high-water or low-water conditions on the Penobscot River, an emergency swap of an allocation may be made to the Kennebec River, as long as sufficient water is available there. Under no circumstances may a transfer of an allocation be allowed from the Kennebec River to the Penobscot River.

C.__An outfitter may occasionally exceed the allocation by 2 passengers on a trip of up to 40 passengers, or 4 passengers on a trip of more than 40 passengers, to accommodate problems in booking, as long as the average of the number of passengers carried on an outfitter's 10 best allocated days for each river and for each allocated day of the week does not exceed the outfitter's allocation for that river and day.__Abuse of this privilege results in its loss.

D.__On the several days in the months of April and May when special water releases are scheduled to be made from the Flagstaff Dam to permit whitewater rafting on the Dead River, commercial whitewater rafting trips may be transferred from the Dead River to the Kennebec River whenever high-water or low-water conditions render use of the Dead River unsafe or inappropriate for commercial whitewater rafting trips.

8.__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, and 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