5.__Allocation criteria.__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.

6.__Allocation fee.__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.__ This may be in quarterly payments, beginning 30 days after the allocation is awarded. The maximum allocation fee is $2,625 for the privilege of carrying 120 passengers per day on both rivers.

7.__Exceptions.__The following exceptions apply to allocations.

A.__Allocations are required for Saturdays on the Kennebec River for the period of July 1st to August 31st.__ Allocations are required for Saturdays on the Penobscot River for the period of June 8th to August 31st.__The commissioner may adopt rules establishing allocations for Sundays for the period of July 1st to August 31st.__If the department determines that the recreational use limit will be reached other days, the department shall provide by rule for allocations.

B.__Under high-water or low-water conditions on the Penobscot River, an emergency swap of an allocation may be made to the Kennebec River, as long as sufficient water is available there. Under no circumstances may a transfer of an allocation be allowed from the Kennebec River to the Penobscot River.

C.__An outfitter may occasionally exceed the allocation by 2 passengers on a trip of up to 40 passengers, or 4 passengers on a trip of more than 40 passengers, to accommodate problems in booking, as long as the average of the number of