Maine Revised Statutes Title 12 Sec. 12901 – Definitions
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As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
1. Affiliated group.
[PL 2013, c. 245, §1 (RP).]
Terms Used In Maine Revised Statutes Title 12 Sec. 12901
- Allocation: means the privilege of taking a specified number of passengers per day on whitewater trips on a particular river, as specified annually. See Maine Revised Statutes Title 12 Sec. 12901
- Commercial: means for financial compensation or other remuneration. See Maine Revised Statutes Title 12 Sec. 12901
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Demonstrated use: means for a given outfitter for a given river the average number of passengers carried on the 10 Saturdays or Sundays with greatest use during the year. See Maine Revised Statutes Title 12 Sec. 12901
- Department: means the Department of Inland Fisheries and Wildlife. See Maine Revised Statutes Title 12 Sec. 10001
- Financial interest: means any voting or nonvoting security, partnership interest whether limited or general, trust interest, joint venture interest or any other beneficial interest in any form of business association. See Maine Revised Statutes Title 12 Sec. 12901
- Guide: means a person who receives any form of remuneration for that person's services in accompanying or assisting a person in the fields or forests or on the waters or ice within the jurisdiction of the State while hunting, fishing, trapping, boating, snowmobiling, using an all-terrain vehicle or camping at a primitive camping area. See Maine Revised Statutes Title 12 Sec. 10001
- Organization: means a corporation, partnership or unincorporated association. See Maine Revised Statutes Title 12 Sec. 10001
- outfitter: means a person who collects dues or fees or receives any form of compensation for arranging or providing whitewater rafting trips or for operating a whitewater rafting organization. See Maine Revised Statutes Title 12 Sec. 12901
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means an individual, corporation, business trust, estate, trust, partnership or association, 2 or more persons having a joint or common interest, or any other legal or commercial entity. See Maine Revised Statutes Title 12 Sec. 12901
- Rapidly flowing river: means a river or stretch of a river with rapids classified as class IV or higher by the department according to the International River Classification System or a river or stretch of a river designated by the department by rule on the basis of public safety, including, but not limited to, the Kennebec River between Harris Station and West Forks and the West Branch Penobscot River between McKay Station and Pockwockamus Falls. See Maine Revised Statutes Title 12 Sec. 12901
- Whitewater craft: means any raft, dory, bateau or similar watercraft that is used to transport passengers along rapidly flowing rivers but does not include canoes or kayaks. See Maine Revised Statutes Title 12 Sec. 12901
- Whitewater guide: means a person who receives any remuneration from a commercial whitewater outfitter for accompanying, assisting or instructing clients of that commercial whitewater outfitter on the river on whitewater trips and who holds a current whitewater guide's license. See Maine Revised Statutes Title 12 Sec. 12901
- Whitewater trip: means a commercial effort to transport passengers by means of a whitewater craft on rapidly flowing rivers, except commercial efforts by guides licensed under section 12853 to transport clients by means of a whitewater craft on rapidly flowing rivers while principally engaged in fishing. See Maine Revised Statutes Title 12 Sec. 12901
- Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72
2. Affiliated outfitter.
[PL 2013, c. 245, §2 (RP).]
3. Allocation. “Allocation” means the privilege of taking a specified number of passengers per day on whitewater trips on a particular river, as specified annually.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
4. Commercial. “Commercial” means for financial compensation or other remuneration.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
5. Commercial whitewater outfitter; outfitter. “Commercial whitewater outfitter” or “outfitter” means a person who collects dues or fees or receives any form of compensation for arranging or providing whitewater rafting trips or for operating a whitewater rafting organization. A commercial whitewater outfitter license does not authorize the holder to guide whitewater rafting trips unless that person also holds a valid whitewater guide’s license.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §321 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
6. Demonstrated use. “Demonstrated use” means for a given outfitter for a given river the average number of passengers carried on the 10 Saturdays or Sundays with greatest use during the year.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
7. Financial interest. “Financial interest” means any voting or nonvoting security, partnership interest whether limited or general, trust interest, joint venture interest or any other beneficial interest in any form of business association.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
8. Person. “Person” means an individual, corporation, business trust, estate, trust, partnership or association, 2 or more persons having a joint or common interest, or any other legal or commercial entity.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
9. Rapidly flowing river. “Rapidly flowing river” means a river or stretch of a river with rapids classified as class IV or higher by the department according to the International River Classification System or a river or stretch of a river designated by the department by rule on the basis of public safety, including, but not limited to, the Kennebec River between Harris Station and West Forks and the West Branch Penobscot River between McKay Station and Pockwockamus Falls.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
10. Whitewater craft. “Whitewater craft” means any raft, dory, bateau or similar watercraft that is used to transport passengers along rapidly flowing rivers but does not include canoes or kayaks.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
11. Whitewater guide. “Whitewater guide” means a person who receives any remuneration from a commercial whitewater outfitter for accompanying, assisting or instructing clients of that commercial whitewater outfitter on the river on whitewater trips and who holds a current whitewater guide’s license.
[PL 2003, c. 614, §9 (AFF); PL 2003, c. 655, Pt. B, §322 (AMD); PL 2003, c. 655, Pt. B, §422 (AFF).]
12. Whitewater trip. “Whitewater trip” means a commercial effort to transport passengers by means of a whitewater craft on rapidly flowing rivers, except commercial efforts by guides licensed under section 12853 to transport clients by means of a whitewater craft on rapidly flowing rivers while principally engaged in fishing.
[PL 2003, c. 414, Pt. A, §2 (NEW); PL 2003, c. 614, §9 (AFF).]
SECTION HISTORY
PL 2003, c. 414, §A2 (NEW). PL 2003, c. 414, §D7 (AFF). PL 2003, c. 614, §9 (AFF). PL 2003, c. 655, §§B320-322 (AMD). PL 2003, c. 655, §B422 (AFF). PL 2013, c. 245, §§1, 2 (AMD).