(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.

3.__Passenger limitation.__This subsection applies to the carrying of passengers under this section.

A. Except as provided in this subsection, an outfitter may not carry:

(1)__On any unallocated rapidly flowing river more than 92 passengers per day; or

(2) On any allocated rapidly flowing river more than 92 passengers per day or more than the allocations for that outfitter's largest single day on that river, whichever number is greater.__On allocated days, that limit may be exceeded only as provided in section 12913, subsection 2, paragraph A, subparagraph 4.__On unallocated days, an outfitter may occasionally carry up to 4 additional passengers to accommodate problems in booking.__Abuse of the privilege to carry 4 additional passengers results in its loss for a period to be determined by the commissioner.

B. The following penalties apply to violations of paragraph A.

(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.

(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.

Sec. B-337. 12 MRSA §12913, sub-§2, 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 D, §7, is repealed and the following enacted in its place:

2.__Allocation required; affiliated outfitters restricted. This subsection governs commercial whitewater trips on rivers subject to allocation requirements.