LD 1920
pg. 153
Page 152 of 231 PUBLIC Law Chapter 655 Page 154 of 231
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LR 2679
Item 1

 
A. Except as provided in this paragraph, 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 on any
day for which allocations are established under this
subsection or by the department by rule.

 
(1)__Allocations are not established and are not
required for other rivers or for other stretches of the
Kennebec River or the West Branch Penobscot River.

 
(2)__Allocations are required for Saturdays on the
Kennebec River between Harris Station and West Forks
for the period of July 1st to August 31st. Allocations
are required for Saturdays on the West Branch Penobscot
River between McKay Station and Pockwockamus Falls 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 on other days, the department shall
provide by rule for allocations.__Rules adopted under
this subparagraph are routine technical rules as
defined in Title 5, chapter 375, subchapter 2-A.

 
(3)__Under high-water or low-water conditions on the
West Branch 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 is a transfer of an allocation allowed
from the Kennebec River to the West Branch Penobscot
River.

 
(4)__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 by an outfitter of the privilege to carry
additional passengers results in the loss of the
privilege for a period to be determined by the
commissioner.

 
(5)__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


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