An Act To Authorize the Assessment and Collection of Harbor Fees (AFTER DEADLINE)
Maine Legislature, Session 122, LD 1635
Committee: Marine Resources
Sponsors: DUPLESSIE, BRENNAN, BRANNIGAN, CUMMINGS, DAMON
Amends: 38 MRSA §14

Legislative Document 
No. 1635 
H.P.1153 
House of Representatives, May 3, 2005 
An Act To Authorize the Assessment and Collection of Harbor Fees 
(AFTER DEADLINE) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Marine Resources suggested and ordered printed. 
Presented by Representative DUPLESSIE of Westbrook. 
Cosponsored by Senator BRENNAN of Cumberland and 
11'/~ 1/7. 7JltU~ 
MILLICENT M. MacFARLAND 
Clerk 
Representatives: BRANNIGAN of Portland, CUMMINGS of Portland, Senator: DAMON of 
Hancock. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 38 MRSA §14 is enacted to read: 
S14. Harbor fees 
1. 
Definitions. 
As 
used 
in this 
section, 
unless 
the 
context 
otherwise 
indicates, 
the 
following 
terms 
have 
the 
following meanings. 
Ao 
"Harbor 
regulatory 
body" 
means 
an 
entity 
legally 
authorized to regulate a municipal harbor. including, but 
not limited to. a harbor commission. the municipal officers 
of a maritime town or city, a port authority and the county 
commissioners in the case of a maritime unorganized township. 
"Vessel" 
means 
an 
oceangoing 
commercial 
cargo 
or 
passenger ship or barge. 
2. 
Fee authorization. 
Each harbor 
regulatory body 
may 
establish a harbor fee of no more than 3¢ per ton per vessel 
calculated on a gross cargo tonnage basis. or no more than 25¢ 
per passenger for a passenger ship on a domestic or international 
voyage, and payable for each use of its harbor, when cargo or 
passengers 
are 
discharged 
or 
loaded 
in 
the 
port 
or 
when 
passengers are embarked on a vessel making a port of call. 
The fee is payable by the owner or operator of each vessel of 500 
gross tons or more. 
If a vessel is more than 500 gross tons. the 
owner or operator of that vessel shall pay the fee on each ton of 
gross cargo tonnage. including the first 500 tons. 
The fee may include a maximum annual cap per vessel or per owner 
or operator per fiscal year. 
The fee may be paid in advance or at the time that a yessel 
enters a harbor but must in all cases be paid before the vessel 
leaves the harbor. 
3. 
Ezemptions. 
The fee authorized by this section does not 
apply to: 
A. 
A vessel of less than 500 gross tons: 
A vessel that provides daily service to islands that are 
part of the State and whose service is funded in whole or in 
part by the State: 
c. 
A military vessel: 
. Page l-LR2325(1} 
D. 
A historic vessel owned or operated by a 
tax-exempt 
organization; 
E. 
A public vessel; 
F. 
An international or domestic coastal ferry whose port 
calls do not exceed 6 hours; or 
G. 
A vessel seeking a harbor of refuge due to weather 
conditions. 
4. 
Fee establiL4ed annDl~~e. Any harbor fee 
adop~ 
pursuant to this s~n must be established annually through the 
harbor regulatory body's budget process and must be based ypon 
and 
ysed 
to 
fynd 
in 
whole 
or 
in 
part 
the 
cost 
of 
the 
administration and services provided by the harbor regylatory 
body and the harbor master, the pyrchase or maintenance of harbor 
safety eg:yipment. harbor emergency response capability and the 
provision of harbor secyrity. 
5. 
Collection of 
fee. 
A 
harbor 
regulatory 
body 
may 
determine 
the 
manner 
of collection of 
a 
harbor 
fee 
imposed 
pursuant to this section. 
The collection of the fee may inclyde 
a reg:yirement that any fee be collected and tyrned over to the 
harbor regulatory body by a vessel operator or other entity. 
When 
a 
fee is collected by an entity other than the harbor 
regulatory body, that entity may retain a portion of the fee for 
its administrative cost subject to the approval of the harbor 
regulatory body. 
The harbor regulatory body may take any actions allowed by law to 
collect a fee that is due, including, byt not limited to: 
A. 
Denying future access to the harbor to a specific vess~ 
or any vessel owned by the same owner or operated by the 
same operator; and 
B. 
Placing a lien on the vessel or other property, wherever 
located, of the owner or operator of the vessel. 
The lien authorized by this sybsection must be placed on the 
vessel or other property of the owner or operator and enforced 
pursuant to Title 36, section 612 and any applicable federal law. 
In any successful enforcement action, the court shall award the 
harbor regulatory body its fees and costs, including attorney's 
fees. 
SUMMARY 
This bill authorizes harbor commissions and other entities 
that regulate harbors to establish and collect a fee of no more 
than 3¢ per ton per vessel calculated on the gross tonnage of an 
oceangoing vessel or 
no 
more 
than 
25¢ 
per passenger 
for 
a 
passenger ship on a domestic or international voyage. 
Vessels 
weighing 
less 
than 
gross 
tons, 
vessels 
providing daily 
service to islands that are part of the State and whose service 
is funded in whole or in part by the State, military vessels, 
historic vessels owned or operated by tax-exempt organizations, 
public vessels, 
certain coastal or international 
ferries 
and 
vessels seeking harbors of refuge are exempted from the fee. 
The bill restricts the use of any fees collected to pay for 
the cost of the administration and services provided by the 
harbor regulatory body and the harbor master, the purchase or 
maintenance of harbor safety equipment, harbor emergency response 
capability and harbor security.