| | | A. A written report of any accident occurring in connection | | with a whitewater trip conducted by that outfitter resulting | | in the death of a person, a person's losing consciousness or | | receiving professional medical treatment, a person's | | becoming disabled for more than 24 hours, a person's | | disappearance from a whitewater craft under circumstances | | indicating death or injury or damage to the whitewater craft | or other property of more than $100 |
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| | | Sec. B-334. 12 MRSA §12910, sub-§5 is enacted to read: |
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| | | 5. Penalties.__The following penalties apply to violations of | | subsection 4. |
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| | | A.__A person who violates subsection 4 commits a civil | | violation for which a fine of not less than $100 nor more | | than $500 may be adjudged. |
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| | | B.__A person who violates subsection 4 after having been | | adjudicated as having committed 3 or more civil violations | | under this Part within the previous 5-year period commits a | | Class E crime. |
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| | | Sec. B-335. 12 MRSA §12911, sub-§3, as enacted by PL 2003, c. 414, Pt. | | A, §2 and affected by Pt. D, §7, is repealed and the following | | enacted in its place: |
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| | | 3.__West Branch Penobscot River. The recreational use limit of | | the West Branch Penobscot River between McKay Station and | | Pockwockamus Falls is 560 commercial passengers per day. | | Noncommercial recreational use is not limited. |
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| | | A. In order to allow free time for other uses, a person may | | not conduct a whitewater trip on the West Branch Penobscot | | River between McKay Station and Pockwockamus Falls between | | 5:00 p.m. and 8:30 a.m. |
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| | | B. The following penalties apply to violations of paragraph | | A. |
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| | | (1)__A person who violates paragraph A commits a civil | | violation for which a fine of not less than $100 nor | | more than $500 may be adjudged. |
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| | | (2)__A person who violates paragraph A after having | | been adjudicated as having committed 3 or more civil | | violations under this Part within the previous 5-year | | period commits a Class E crime. |
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