LD 1600
pg. 260
Page 259 of 360 An Act To Recodify the Laws Governing Inland Fisheries and Wildlife Page 261 of 360
Download Bill Text
LR 2121
Item 1

 
or portions of the allocations subject to the sale must be
returned to the department.__An outfitter who purchases the
business of another outfitter whose commercial whitewater
outfitter's license has been returned to the department as
provided in subsection 6 has 60 days from the date of sale to
submit an affidavit applying for the selling outfitter's
allocation, ensuring that the level and quality of services of
the selling outfitter will be maintained.__On application to the
department, allocations may be reissued to the purchaser, as long
as the purchaser meets the licensing and allocation requirements
of the department and pays the license and allocation fees.__ The
allocations are not assets of a business.__ Allocations or
portions of the allocations may be transferred, pursuant to this
chapter, from a selling outfitter to one or more purchasers only
if the selling outfitter's allocations or portions of the
allocations subject to the sale are returned to the department.__
An outfitter may not receive more than the maximum allocations
allowed under section 12913, subsection 3.__When allocations are
forfeited or when new allocations become available as a result of
increases in the commercial use limits on an allocated river, the
department shall sell those allocations at public auction to
qualified recipients.__Net proceeds from the sale of allocations
must be paid to the Whitewater Rafting Fund established under
section 10259.

 
8.__Affiliated outfitters.__An affiliated outfitter may be
licensed, but is subject to additional allocation restrictions.__
An application for allocations must contain a declaration of the
extent of affiliation, as defined in section 12901, subsection 2,
or a declaration of nonaffiliation and a statement disclosing any
relationship with other licensed outfitters, including the giving
or receipt of equipment, materials or other assistance. The
department may require submission of any books, memoranda, papers
or accounts it reasonably believes necessary to determine whether
a person seeking an allocation is an affiliated outfitter.__Any
books, memoranda, papers or accounts submitted pursuant to this
subsection are confidential and may be made available only to
persons involved in determining affiliation and only for that
purpose, unless they are submitted for another purpose.

 
9.__Limitation.__This chapter may not be construed as revoking
any right of passage or access created by statute, contract or
operation of law or as creating any such right for any outfitter
or any associates or customers of any outfitter upon the project
or project works of any licensee of the Federal Energy Regulatory
Commission, as the terms "project" and "project works" are
defined in United States Code, Title 16, Section 796 (11) and
(12), respectively.

 
§12908. Noncommercial organization that collects dues or fees


Page 259 of 360 Top of Page Page 261 of 360