09-137 C.M.R. ch. 14, § 02 - Definitions

When used in these rules, unless otherwise specifically provided, the following words and terms shall have the following meanings:

A. Allocation. "Allocation" means the privilege of taking a specified number of passengers per day on whitewater trips on a particular river (as set forth in 12 MRSA, §12913, paragraphs 2-A and 3).

B-1. Allocation review period. "Allocation review period" means the five year period the Department reviews to determine whether an outfitter has made use of the allocations they have held.

B-2. Commercial. "Commercial" means for financial compensation or other remuneration.

B-3. Commercial passenger. A commercial passenger means any person paying a licensed whitewater outfitter a fee for a whitewater trip, excluding persons paying an outfitter a fee for providing whitewater guide training as described in 14.03.

B-4. Multiple trip. A multiple trip means any whitewater trip, other than the first trip of the calendar day, over the same section of a rapidly flowing river by the same commercial passenger.

C. Rapidly flowing river. "Rapidly flowing river" means the following stretches of river: the Kennebec River between Harris Station and The Forks; the West Branch of the Penobscot River between McKay Station and Pockwockamus Falls; the Dead River from its confluence with Spencer Stream to its confluence with the Kennebec River at a flow level of 2400 cfs or higher; the Rapid River from the outlet of Lower Richardson Lake to 3/4 miles upstream from Umbagog Lake at a flow level of 1200 cfs or higher, and the Magalloway River from Aziscohos Lake to the first Route 16 bridge west of Aziscohos Lake at a flow level of 800 cfs or higher. The South Branch of the Penobscot River from Canada Falls Dam to the bridge on the Northern Road just prior to Pittston Farm at a flow level of 500 CFS or higher.

D. Trip leader. "Trip leader" means a person who is licensed as a whitewater guide and has been designated by the whitewater outfitter to supervise activities on a whitewater trip.

E. Trip vehicle. "Trip vehicle" means a motor vehicle which transports equipment necessary to a whitewater trip and which accompanies the trip to the extent allowed by existing road systems.

F. Whitewater craft. "Whitewater craft" means any raft, dory, bateau or similar watercraft that is used to transport passengers along rapidly flowing rivers or streams but does not include canoes or kayaks.

G. Whitewater guide. "Whitewater guide" means a person who has met the criteria established by the Department of Inland Fisheries and Wildlife to qualify as a whitewater guide and who holds a current whitewater guide's license.

H. Whitewater outfitter. "Whitewater outfitter" means a person (or corporation) who conducts commercial whitewater rafting, dory, or bateau trips on rapidly flowing rivers or streams and who holds a current license, issued by the Department of Inland Fisheries and Wildlife, to engage in commercial whitewater activities.

I. Whitewater trip. "Whitewater trip" means any commercial effort to transport passengers by means of a whitewater craft on rapidly flowing rivers or streams.

Notes

09-137 C.M.R. ch. 14, § 02