LD 1600
pg. 261
Page 260 of 360 An Act To Recodify the Laws Governing Inland Fisheries and Wildlife Page 262 of 360
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LR 2121
Item 1

 
Notwithstanding section 12901, subsection 5, an organization that
collects dues or fees may conduct rafting trips on rapidly flowing
rivers without obtaining a commercial whitewater outfitter's
license if the commissioner determines under this section that the
organization is a noncommercial organization.__An organization is a
"noncommercial organization" if the commissioner determines that
the organization is:

 
1.__Tax-exempt nonprofit corporation formed before March 1,
1996.__A nonprofit corporation incorporated before March 1, 1996,
including any council, troop or other organized local group
affiliated with the corporation, that collects dues or fees from
its members and for which conducting whitewater rafting is
incidental to the purpose of the corporation.__The organization
wishing to conduct a rafting trip on a rapidly flowing river
without a commercial whitewater outfitter's license under this
subsection shall file a written request with the commissioner at
least 15 days before conducting that trip.__The request must
include the name of the organization conducting the trip and the
time, location and number of persons participating in the trip.__
The commissioner may request any additional information from the
organization necessary to make a determination under this
subsection.__Notwithstanding any other provision of this section,
the commissioner may not allow any council, troop or other
organized local group affiliated with the corporation to conduct
more than 2 whitewater rafting trips in any one calendar year
without obtaining a commercial whitewater outfitter's license; or

 
2.__Noncommercial whitewater rafting club.__A qualifying
noncommercial whitewater rafting club.__A "qualifying
noncommercial whitewater rafting club" is a group that collects
dues or fees from its members and that the commissioner
determines to be organized solely to provide noncommercial
whitewater rafting opportunities to its members.__To be
considered under this subsection, a club must provide to the
commissioner the following information before January 1st of each
year:

 
A.__A list that includes the name, legal residence and home
telephone number of each dues-paying member of the club.__
That list must identify a member as the president of the
club and must identify any other officers or board members
of the club.__An officer or a board member of the club may
not be a commercial whitewater outfitter or a licensed
whitewater guide.__The commissioner may not accept more than
one amended membership list from a club between April 1st
and November 1st;


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