F.__To be flexible enough to adapt to changes in river use or river conditions;

G.__To prevent evasion of the system; and

H.__To provide opportunity for public access.

2.__Allocation required; affiliated outfitters restricted.__ Except as provided in subsection 7, 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.__An allocation is not required for other rivers or for other stretches of those rivers.__ Not more than one member of an affiliated group may conduct whitewater trips on any river or stretch of river for which a specific allocation is required, including on days for which an allocation is not required.

Three or more years after the period of affiliation, the department may, in its discretion, consider requests by any former member of an affiliated group to run passengers on allocated rivers.__The burden rests on the former member of an affiliated group to demonstrate that the reasons for any finding of affiliation have so diminished in effect that the public interest will be served by considering the former member's request to run passengers on an allocated river.

3.__Allocations, maximum, minimum.__The department may allocate the privilege to conduct whitewater trips to licensed outfitters.__The maximum allocation for an outfitter is 120 passengers per day.__The minimum allocation to be awarded is 10 passengers per day on the Kennebec River and 16 passengers per day on the West Branch Penobscot River.__The total number of allocations issued for an allocated day may not exceed the recreational use limits established in section 12911.__The department may declare a day to be an allocated day when the department determines that the regular and persistent use of the river on that day from year to year may exceed the recreational use limits for that day.

4.__Conditions for holding allocations.__Allocations are a privilege extended by the State for the use of a limited public resource.__The department may suspend, revoke or reduce the number of allocations when it is advisable to do so for better management of the resource or for protection of public safety and welfare.__An outfitter's allocations are subject to forfeiture or suspension by the department if the outfitter fails to maintain