An Act to Enable the Maine Pilotage Commission to Oversee Pilots
Maine Legislature, Session 132, LD 1874
Sponsors: CROCKETT
Amends: 38 MRSA §85-B, 38 MRSA §86-A, 38 MRSA §87-A

Legislative Document
No. 1874
H.P. 1245
House of Representatives, May 5, 2025
An Act to Enable the Maine Pilotage Commission to Oversee Pilots 
Operating in Portland Harbor
Received by the Clerk of the House on May 1, 2025.  Referred to the Committee on Marine 
Resources pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative CROCKETT of Portland.
Cosponsored by Representatives: EATON of Deer Isle, MONTELL of Gardiner, PARRY of 
Arundel, Senator: DUSON of Cumberland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §85-B, sub-§3, as enacted by PL 1999, c. 355, §4, is amended to 
read:
3.  Coastal zones.  "Coastal zones" means the 3 areas of Maine coastal waters relevant 
to the commission membership, Calais to Schoodic Point, Schoodic Point to Port Clyde, 
Southport Island and Port Clyde Southport Island to Kittery, excepting the port of Portland 
and Casco Bay.
Sec. 2.  38 MRSA §86-A, sub-§3, as repealed and replaced by PL 1987, c. 689, §1, 
is amended to read:
3.  Portland harbor Harbor.  Those waters specifically governed by the Board of 
Harbor Commissioners for the Portland Harbor of Portland, except that the commission 
retains those duties set forth in section 90 as they relate to pilots operating in such waters.  
This section is not intended to confer jurisdiction or duties upon the commission with 
respect to the activities of docking masters overseen by the Board of Harbor 
Commissioners for Portland Harbor.
Sec. 3.  38 MRSA §87-A, sub-§1, ¶E, as amended by PL 2011, c. 14, §2, is further 
amended to read:
E.  All military ships navigating the Kennebec River to and from the Bath Iron Works 
Corporation for the purpose of accomplishing overhaul, repair, post shakedown 
availability and sea trials; and
Sec. 4.  38 MRSA §87-A, sub-§1, ¶F, as amended by PL 2015, c. 14, §1, is further 
amended to read:
F.  Noncommercial foreign vessels with overall length of under 253 feet., except in the 
case of Portland Harbor; and
Sec. 5.  38 MRSA §87-A, sub-§1, ¶G is enacted to read:
G.  In the case of Portland Harbor, noncommercial foreign vessels under 350 gross tons 
for yacht or recreational purposes and noncommercial American vessels under 350 
gross tons under registry for yacht or recreational purposes.
Sec. 6.  P&SL 1981, c. 98, §5, sub-§2, as amended by PL 2011, c. 498, §2, is 
repealed and the following is enacted in its place:
2.  Operation as pilot. The rates, licensure, apprenticeship, continuing education, 
fees, safety and other activities related to pilots operating upon the waters subject to the 
jurisdiction of the Board of Harbor Commissioners for Portland Harbor must be overseen 
and regulated by the Maine Pilotage Commission pursuant to the Maine Revised Statutes, 
Title 38, chapter 1, subchapter 3.  This section is not intended to limit any authority 
otherwise maintained by the Board of Harbor Commissioners for Portland Harbor to 
oversee and regulate the activities of docking masters operating on waters subject to the 
jurisdiction of the Board of Harbor Commissioners for Portland Harbor, except that such 
activities may not include the service of actively piloting under the jurisdiction of the Maine 
Pilotage Commission.
Sec. 7.  Rulemaking by Maine Pilotage Commission.  Within 6 months of the 
effective date of this Act, the Maine Pilotage Commission shall commence rulemaking 
with regard to Chapter 1 of its rules to adopt in substantially the same form, for a period of 
time at least 24 months in duration, the provisions contained in Section 17.0 of the rules of 
the Board of Harbor Commissioners for Portland Harbor as of the effective date of this Act 
as they relate to the licensure, apprenticeship, continuing education, safety and other 
provisions in Section 17.0 of those rules as they relate to pilots operating in Portland Harbor 
as long as any fees assessed upon pilots operating in Portland Harbor are consistent with 
fees assessed upon pilots subject to the jurisdiction of the commission.  In adopting these 
initial rules, this provision does not limit the ability of the commission to organize the 
foregoing provisions and standards into the commission's existing rules as long as the 
application of these rules to pilots operating in Portland Harbor are substantially similar to 
the provisions in Section 17.0 of the rules of the Board of Harbor Commissioners for 
Portland Harbor.  Following the 24-month time period after initial adoption of the rules 
described in this section, the commission may further amend the rules governing pilots 
operating in Portland Harbor without regard to consistency with Section 17.0 of the rules 
of the Board of Harbor Commissioners for Portland Harbor.  Rules adopted pursuant to this 
section are routine technical rules as described in the Maine Revised Statutes, Title 5, 
chapter 375, subchapter 2-A.  Commencing on the effective date of this Act and pending 
final adoption of rules pursuant to this section, pilots operating in Portland Harbor are 
subject to the jurisdiction of the commission according to any terms or conditions in place 
during such time period as duly authorized by the Board of Harbor Commissioners for 
Portland Harbor, other than fee assessments upon pilots in Portland Harbor, if any, which 
must be consistent with any fees assessed by the commission upon other pilots subject to 
the commission's jurisdiction.
Sec. 8.  Rulemaking by Board of Harbor Commissioners for Portland 
Harbor.  Within 6 months of the effective date of this Act, the Board of Harbor 
Commissioners for Portland Harbor shall commence rulemaking to ensure that the board's 
rules are consistent with this Act.
SUMMARY
This bill transfers jurisdiction over pilots operating in Portland Harbor from the Board 
of Harbor Commissioners for Portland Harbor to the Maine Pilotage Commission.
It also changes the description of the coastal zones in the laws governing the Maine 
Pilotage Commission and, in the case of Portland Harbor, provides that certain vessels are 
exempt from the laws governing the Maine Pilotage Commission.