Sec. B-339. 12 MRSA §12913, sub-§§5 and 6, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by Pt. D, §7, are amended to read:

5. Allocation criteria; reports. 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. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

A.__An outfitter shall submit on a schedule determined by the department periodic public reports to the department documenting river use for both allocated and unallocated days.__The following penalties apply to violations of this paragraph.

(1)__A person who violates this paragraph 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 this paragraph 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.

6. Allocation fee. An When allocations are required, 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. Additional passengers over each increment of 20 constitute a new unit. This The annual allocation fee may be paid in quarterly payments, beginning 30