Maine Legislature, Session 122, LD 1697
Committee Amendment CA_A_S447 (Senate)
Amends: 12 MRSA §10402, 12 MRSA §13072, 38 MRSA §1

COMMITTEE AMENDMENT "A" to S.P. 651, L.D. 
Act Regarding the Appointment of Harbor Masters" 
1697, Bill, "An 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 12 MRSA §10402, sub-§I, as enacted by PL 2003, c. 
414, Pt. A, §2 and affected by c. 614, §9, is amended to read: 
1. 
Watercraft laws. All harbor masters, except those harbor 
masters whose authority is restricted as described in section 
13072 or Title 38, section 1, have the same powers and duties as 
game wardens to enforce chapter 935 and any other provision of 
this Part regulating watercraft. 
Sec. 2. 12 MRSA §13072, sub-§I, as affected by PL 2003, c. 
614, §9 and amended by c. 627, §4, is further amended to read: 
1. 
Appointment; compensation. 
The municipal officers of a 
town B9paepiR~-aR that borders or contains inland watepway waters 
but does not border or contain territorial waters may appoint a 
harbor master for a term of not less than one year and may 
establish the harbor master's compensation. 
Except as provided 
in subsection 2-A, the harbor master is subject to all the duties 
and liabilities of that office as prescribed by state law, 
municipal ordinances and rules promulgated by the municipality. 
The municipal officers may remove the harbor master from office 
for cause, declared in writing, after due notice to the harbor 
master and a hearing, if requested. 
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COMM/rrEE AMENDMENT 
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COMMITTEE AMENDMENT "A" to S.P. 651, L.D. 1697 
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For pUX.P.Qses of 
this~~tion, "territorial waters" has the 
Same meaning as provided in section 6001, subsection 48-B. 
Sec.3. 12 MRSA §13072, sub-§§4 and 5 are enacted to read: 
4. 
Power to arrest for assault. 
The municipal officers may 
prohibit a harbor master from making an arrest or carrying a 
weapon. 
A harbor master who 
is not prohibited from 
making 
arrests may arrest and deliver to the law enforcement authorities 
on shore any person committing an assault upon the harbor master 
or another person acting under the harbor master's authority. 
A 
harbor master may not make arrests or carry a firearm unless the 
harbor 
master 
has 
successfully 
completed 
the 
training 
requirements prescribed in Title 25, section 2804-I. 
5. 
Mooring sites. 
The regulation of moorings in inland 
waters is governed by Title 38, except that Title 38 may not be 
~trued to require the m),illicipal officers of a town that does 
not border or contain territorial waters to appoint a harbor 
master upon the request of a person desiring mooring privileges 
or 
the 
regulation 
of 
mooring 
privileges. 
Nothing 
in this 
subsection 
limits 
or 
expands 
a 
municipality's 
authority 
to 
regulate moorings under Title 38 or as otherwise provided in law. 
Sec. 4. 38 MRSA §1, as amended by ~L 1999, c. 682, §6, is 
further amended to read: 
§1. Appointment; compensation 
The municipal officers of a town that borders or contains 
territorial waters, on request by any person desiring mooring 
privileges or regulation of mooring privileges for boats or 
vessels, shall appoint a harbor master for a term of not less 
than one year, who is subject to all the duties and liabilities 
of that office as prescribed by state law, municipal ordinances 
and regulations adopted by the municipal officers, 
municipal 
harbor commissioners, municipal port authorities or other such 
bodies empowered to regulate municipal harbors. 
The municipal 
officers may establish the harbor master's compensation and, for 
cause by them declared in writing, after due notice to the 
officer and hearing, if requested, remove the harbor master and 
appoint another one. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 651, L.D. 1697 
The municipal officers may prohibit a harbor master from 
making arrests or carrying a weapon. 
A harbor master may not 
make arrests or carry a firearm unless the harbor master has 
successfully completed the training requirements prescribed in 
Title 25, section 2804-I. 
Any law enforcement officer vested 
with the authority to carry a weapon and make arrests has the 
authority to enforce this subchapter. 
For purposes of this section, "territorial waters" has the 
same meaning as provided in Title 12, section 6001, subsection 
48-B. ' 
SUMMARY 
This 
This amendment is the 
amendment 
corrects 
an 
clarifies that: 
majority report of 
incomplete 
cross 
the committee. 
reference 
and 
1. 
Appointment of a harbor master by municipal officers of 
a town that borders or contains inland waters but does not border 
or contain territorial waters is discretionary; 
2. 
Municipal 
authorities 
may 
set the 
compensation 
for 
harbor masters appointed under the Maine Revised Statutes, Title 
which is consistent with harbor master provisions under Title 
38; 
3. 
An inland harbor master may not make arrests or carry a 
firearm unless that harbor master has successfully completed the 
training requirements prescribed in Title 25, section 2804-I; and 
4. 
Regulation of moorings in inlar"d waters is governed by 
the provisions of Title 38; the provision in Title 12 referencing 
the applicability of Title 38 to moorings in inland waters does 
not limit or expand a municipality's ability to regulate moorings 
as currently provided in law. 
COMMITTEE AMENDMENT