RULES 

RULE 1.0    GRANT OF POWER TO THE COMMISSIONERS

 The following Rules of the Commission for the Harbor of Portland (hereinafter "Rules") are supplementary to the provisions of P. & S.L. 1981, c. 98, and P. & S. Law 1993, c. 34, as amended, the act establishing the Commissioners (hereinafter collectively the "Act")[1], as it relates to the authority of the Commissioners for Portland Harbor, and are adopted pursuant to the authority granted under Section 6 (Rulemaking).

RULE 2.0    REGULAR AND SPECIAL MEETINGS AND ELECTION OF OFFICERS

Section 2.1

Regular meetings will be held on the second Thursday of each month at 5:00 p.m., alternately, in the Council Chambers of the City of Portland and the City of South Portland.  If a meeting should fall on a holiday, then the regular meeting will be held on the third Thursday of the month.  The time, date or place of any regular meeting may be changed by the Commission, provided it gives the notice required by 1 M.R.S.A. §406.[2]

Section 2.2

Special meetings may be called either by the Chairperson, at his/her discretion, or at the request of any three (3) members of the Commission, provided that twenty-four (24) hours advance notice of the date, time and place of such meeting is given to each member and also to the public in accordance with 1 M.R.S.A. §406.  If the subject matter of a special meeting constitutes an emergency, the twenty-four (24) hour notice may be waived, provided that local representatives of the media are notified of the time and place of the meeting.  The determination by either the Chairperson or any three (3) members of the Commission as to whether the subject of the meeting constitutes an emergency will be conclusive.

Section 2.3

The Commission may schedule such workshop sessions as it deems necessary. The purposes of a workshop session will be to permit the Commission to review the sufficiency of any application and to identify issues that the applicant should address during the public hearing. Neither decision nor vote may be made at a workshop session. The Commission is not required to permit public discussion at a workshop session.

Section 2.4

The Commission will elect a Chair, Vice-Chair and a Treasurer annually whose terms will coincide with the Commission's fiscal year.  The Commission may elect other officers who need not be members of the Commission. The Harbor Master/Deputy Harbor Master shall act as Clerk. All officers shall serve until their successors have been elected and qualified.

RULE 3.0    CONDUCT OF MEETINGS

Section 3.1 - Rules of the Commission

Meetings of the Commission will be governed by these Rules and by Robert's Rules of Order.  The Rules of the Commission will prevail over any conflicting provision in Robert's Rules of Order.  The Commission may suspend its Rules by a two-thirds (2/3) vote of those members who are present and voting.

Section 3.2 - Order of Business

The order of business shall be:

(a)   Roll call and declaration of quorum;
(b)   Approval of the minutes of the previous meeting;
(c)   Acceptance of the Treasurer's Report;
(d)   Correspondence;
(e)   Unfinished business;
(f)   New business;
(g)   Acceptance of the Harbor Master's Report;
(h)   Commissioners' comments; and
(i)   Adjournment.

Section 3.3 - Presiding Officer 

The Chair will preside at all meetings unless he/she is either absent or disqualified from participation.  The Vice-Chair will serve in the place of the Chair when he/she is either absent or disqualified.

RULE 4.0    NOTICES

Section 4.1

The Clerk will cause notice to be given both of meetings of the Commission as well as of public hearings.  The notice shall include the date, time and place of the meeting or hearing; and, in the case of hearings, a description of the subject matter as well as the address of any property involved.  Notices of all meetings will also be sent to the City Clerks of the City of Portland and the City of South Portland for posting.  When notice by mail is required, it will be mailed at least seven (7) days in advance by regular United States mail, postage prepaid.  When notice by publication is required, it will be provided by publication in a newspaper of general circulation in the City of Portland at least once, not more than thirty (30) days or less than seven (7) days, before the date of the hearing or meeting.  Other reasonable means of notice may be prescribed by the Commission, acting through its Chair, for cause.  If any statute or regulation should require either a longer notice period or additional notice content, its requirements will prevail. 

Section 4.2

In the case of either meetings or hearings which will address matters relating to a particular property, notice shall be given by mail to the owner or owners of such property. In the case of real property, notice shall be given by mail to the owners of all abutting property.

(a)   In the case of real property, the owners will be considered to be the parties listed by the Assessor of the City in which such property is located as the persons to whom taxes are assessed.

(b)   In the case of vessels, the owners will be considered to be the parties listed as the owners by the United States Coast Guard, the Maine Inland Fisheries & Wildlife Department, or any other governmental entity, whether foreign or domestic, with which the vessel is registered and which has jurisdiction over the vessel.

Section 4.3 

The Commission may require an applicant to identify owners and abutters and to provide any notice required by these Rules.  In such cases the applicant will provide the Commission with proof of service under oath.  In the case of adjudicatory hearings, notice by mail shall be sent to all parties.

Section 4.4 

(a)   Service of notice upon a necessary party will be made by personal delivery or by registered or certified mail, return receipt requested, except that the Commission may determine when service by publication or other means may be utilized. 

(b)   Failure of any person who is not a necessary party, as that term is defined in M.R.Civ.P. §19,[3] to receive a notice of public hearing will not necessitate another hearing nor invalidate any action of the Commission.

Section 4.5 

The Harbor Master or his/her designee will give seven (7) calendar days prior written notice to the master, custodian, managing agent, or owner of any vessel ordered to be removed from a channel, dock, landing, pier or wharf, except in the case of a derelict or abandoned vessel; to a vessel which is not afloat; or to a vessel whose master, custodian, managing agent or owner cannot be identified or notified, as provided above. If notice as provided above cannot be effected, then a copy of the notice may be affixed to the vessel in a conspicuous place and a copy shall also be left either with any person having custody of the vessel or such person's agent.

RULE 5.0    RULES OF PROCEDURE 

Section 5.1 - Public Hearing 

A public hearing will be held prior to the Commission’s adoption of any rule or regulation of general application, whether substantive or procedural; prior to the issuance of any license, permit or authority required by Commission rule; or as otherwise required by law. 

Section 5.2.1 - Order of Proceedings 

 Public hearings will be conducted in accordance with the following procedure: 

(a)   The Chairperson will summarize the application, proposal, or matter to be considered and describe the hearing procedure, noting that all exhibits and reports submitted to the Commission will be available for public inspection, unless privileged by rule of law.

(b)   The Commission will accept reports or statements from its staff as well as from representatives of any governmental entity.

(c)   The applicant or proponent will state his/her case before the Commission.

(d)   Proponents, other than the applicant, may offer evidence or statements.

(e)   Opponents may offer evidence or statements.

(f)   Interested parties who have been determined by the Chairperson as being neither proponents nor opponents may offer evidence or statements.

(g)   The applicant or proponent may then offer rebuttal evidence or statements.

(h)   Members of the Commission may ask questions of any person at any time.

(i)   Summations may be allowed at the discretion of the Commission. 
 

Section 5.2.2 - Rights of Parties 

The applicant or proponent and any interested party will have the following rights: 

(a)   To present witnesses on his/her behalf and to offer evidence or statements;

(b)   To cross-examine all witnesses who testify in opposition to his/her position through the Chairperson;

(c)   To examine any documents offered as evidence; and 

(d)   To offer documentary evidence. 

Section 5.2.3 - Rules of Evidence

The Commission is not bound by the technical rules of evidence.  Evidence which is relevant and material to the subject matter of the hearing will be admissible.  Evidence which is irrelevant, immaterial, or unduly repetitious may be excluded.  Objections will be deemed to go to the weight of the evidence, not to its admissibility.  The Commission may take official notice of any fact of which judicial notice may be taken.  The Commission will recognize the claim of any privilege acknowledged by the Courts of the State of Maine in civil cases, but it may draw a negative inference from the assertion of any claim of privilege. 

Section 5.2.4 - Conflict of Interest 

No member of the Commission shall vote on a matter in which he/she has a direct or indirect pecuniary interest, as that phrase is defined in 30‑A M.R.S.A. §2605.[4]

Section 5.2.5 - Bias 

Charges of bias shall be filed with the Commission a reasonable time prior to the date of the hearing to which they relate. If any member should be charged, in good faith, with bias, then the Commission will inquire into the matter.  The member so charged shall disclose his/her interest in the matter, if any; and the remaining members of the Commission will determine, on the record, whether that member should be disqualified from participation in the proceeding.  Any charge of bias shall set forth with particularity all the facts which allegedly support the charge.  The person making the charge will also provide his/her name, address, and identify his/her interest in the proceedings. 

Section 5.2.6 - Pre-hearing Conferences 

The Commission may conduct pre-hearing conferences in order to provide for procedures to be followed at a hearing and to address any other matters which may expedite the just, speedy and inexpensive disposition of any proceeding.  Neither action nor decision on the merits may be taken at a pre-hearing conference. 

Section 5.3 - Decision 

At the close of the hearing, the Commission may either render its decision orally or it may do so in writing, within a reasonable period of time thereafter.  If an oral decision should be rendered at the hearing, the Commission will provide a written decision within a reasonable time thereafter.  The written decision will include conclusions of law and findings of fact that are sufficient to apprise the parties of the basis for the decision and shall specifically state what facts in the record were relied upon by the Commission.  A copy of the written decision will be delivered or mailed to the party in interest and to the opponents, but not to proponents nor to persons who were determined to be interested parties but were neither proponents nor opponents.  The time for taking an appeal from the decision will be computed from the date on which the decision was received by the applicant, either orally or in writing, whichever occurred first. 

Section 5.4 - Record 

The record of the proceedings will consist of all relevant applications, complaints, petitions, and pleadings; the evidence received and considered by the Commission; any facts officially noticed; offers of proof; objections and rulings on the evidence; and the written decision of the Commission. 

Section 5.5 – Subpoenas 

(a)   The Commission may issue subpoenas to require the attendance and testimony of witnesses and the production of any evidence in any matter over which it has jurisdiction. 

(b)   The Commission may prescribe the form of the subpoena, but, in so far as practical, it shall conform to the requirements of M.R.Civ.P. 45. 

(c)   Witnesses subpoenaed shall be paid the same fees for attendance and travel as in civil cases before the courts. 

(d)   Any witness subpoenaed may petition the Commission to vacate or modify a subpoena issued in its name. The Commission shall give prompt notice to the party who requested issuance of the subpoena. After such investigation as the Commission considers appropriate, it may grant the petition in whole or in part upon a finding that the testimony or the evidence whose production is required does not relate with reasonable directness to any manner in question, or that a subpoena for the attendance of a witness or the production of evidence is unreasonable or oppressive or has not been issued a reasonable period in advance of the time when the evidence is requested. 

(e)   Failure to comply with a subpoena which has been lawfully issued by the Commission and which has not been revoked or modified as provided in subsection (d), shall, after notice and hearing, be punishable under the General Penalty provision of Section 7; and, in addition, the Commission may impose such additional sanctions as it deems appropriate, including, but not limited to, the default of the party or the exclusion of evidence at any proceeding before the Commission.

RULE 6.0    APPEALS FROM DECISIONS AND ORDERS OF HARBOR MASTER 

Section 6.1

Any people aggrieved by any order or decision of either the Harbor Master or the Deputy Harbor Master may appeal such order or decision to the Commission. The appeal shall be set forth in a written document which briefly and clearly states the grounds for the appeal. It shall be filed within ten (10) calendar days from the order or decision which is the subject of the appeal or be time-barred. 

Section 6.2 

The hearing on the appeal will be conducted in conformity with the provisions of Rule 5.0. The appellant will have the same rights and status as an applicant.

RULE 7.0    GENERAL PENALTY AND SPECIFIC VIOLATIONS 

Section 7.1 - General Penalty 

The Commission may impose a penalty of not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00) for any violation of the Act, except where a specific penalty has been prescribed by the Commission.  Each day that a violation continues will be deemed to constitute a separate offense.  Any violation of an order of either the Commission or the Harbor Master will constitute a violation of these Rules and the Act and subject the offender to the penalties established herein. 

Section 7.2 - Penalties for Specific Violations 

The following violations will incur the penalties set forth below: 

(a)        Failure to move a vessel from a wharf, dock or pier after being ordered to do so - Five Hundred Dollars ($500.00) per day; 

(b)        Creation or maintenance of an obstruction to navigation for which a permit is required under Section 5(1) of the Act - One Hundred Dollars ($100.00) per day; 

(c)        Failure to obtain a permit for any activity for which a permit is required or failure to comply with a condition of a permit - One Hundred Dollars ($100.00) per day; 

(d)       Failure to obtain a special permit for dredges, floating plants or other activities requiring temporary use of any channel, for which a permit is required under Section 5(3) of the Act - One Hundred Dollars ($100.00) per day; 

(e)        Failure to move a vessel, whether afloat or sunken, from a location other than a wharf, dock or pier when ordered to do so by the Harbor Master: 

(i)        If the vessel is under Twenty (20) feet - Fifty Dollars ($50.00) per day; 

(ii)       If the vessel is Twenty (20) feet or over but under Fifty (50) feet - One Hundred Dollars ($100.00) per day; 

(iii)      If the vessel is Fifty (50) feet or over but under One Hundred (100) feet - Two Hundred Fifty Dollars ($250.00) per day; or 

(iv)  If the vessel is One Hundred (100) feet or over - Five Hundred Dollars ($500.00) per day; 

(f)        Failure to obey posted time limits at any municipal float or landing –Twenty Five Dollars ($25.00) for the first day or part thereof and Seventy Five Dollars ($75.00) for each subsequent day or part thereof;

(g)       Depositing shells or causing them to be deposited off any dock, wharf or pier, or off any vessel tied to or lying off a dock, wharf or pier, within that portion of Portland Harbor which lies westerly of a line from the Maine State Pier to Portland Pipe Line Pier #1 - One Hundred Dollars ($100.00) per occurrence; 

(h)   Creating a public nuisance – One Hundred Twenty Five Dollars ($125) per occurrence.  For the purposes of this rule, the following acts constitute creation of a public nuisance: 

(i)   Injuring, endangering the safety or health, or damaging the property of another person; or 

(ii)  Throwing, depositing, or releasing, or causing to be thrown, deposited or released, any waste, refuse or debris into the water; 

(i)   Failure to obey speed and wake regulations as described in Rule 15 – One Hundred Dollars ($100.00) per occurrence; 

(j)   Mooring or anchoring in an area in which anchoring or mooring is not permitted – Twenty Five Dollars ($25.00) for the first day or part thereof and Seventy Five Dollars ($75.00) for each subsequent day or part thereof. 

(k)   Anchoring in the channel or in a manner so that the boat lies in the confines of the channel in any tide -- Twenty Five Dollars ($25.00) for the first day or part thereof and Seventy Five Dollars ($75.00) for each subsequent day or part thereof. 

(l)   Anchoring in a location for longer than fourteen (14) days -- Twenty Five Dollars ($25.00) for the first day or part thereof after the fourteenth day in that location and Seventy Five Dollars ($75.00) for each subsequent day or part thereof. 

Section 7.3 - Reduction of Penalties 

The penalties authorized herein may be reduced by fifty percent (50%) provided the person charged pays the reduced amount to the Commission within ten (10) days after service of the citation, admits the violation and waives any right to a hearing. 

Section 7.4 - Recovery of Costs 

In addition to the penalties provided herein, the Commission may recover its reasonable costs and expenses (including attorney's fees) incurred in the enforcement of either the Act or these Rules. 

Section 7.5 – Jurisdiction 

Pursuant to §8 of the Act, the District Court has jurisdiction over all violations described in this Rule.

RULE 8.0    DERELICT OR ABANDONED VESSELS OR VESSELS POSING AN IMMEDIATE THREAT TO THE PUBLIC HEALTH, SAFETY OR WELFARE

Section 8.1 - Definitions 

(a)   Derelict Vessel - A derelict vessel is a vessel which has one or more of the following characteristics: 

(i)   The vessel is required to be registered with any federal or state governmental agency, but is not so registered; 

(ii)  The vessel's owner, operator or custodian cannot be located nor identified; 

(iii) The vessel is a motor-powered vessel which does not have a working engine; 

(iv)  The vessel does not have operable and effective bilge pumps; 

(v)  The vessel has not been in operation for 60 or more consecutive days; or 

(vi)  The vessel is sinking and its owner cannot be contacted within a period of 24 hours from the time it is observed sinking. 

(b)   Abandoned Vessel - An abandoned vessel is one which is the subject either of an unauthorized berthing complaint or complaint for unauthorized mooring at a public or private pier or mooring whose owner cannot be contacted within a period of 24 hours from the time of the complaint.

Section 8.2 - Procedures for Dealing with Derelict and Abandoned Vessels 

(a)   "Vessel" means any watercraft used or capable of being used for transportation. 

(b)   No person shall bring into, retain or abandon in Portland Harbor neither any derelict or abandoned vessel nor a vessel which is to be salvaged without first obtaining a permit from the Harbor Master. 

(c)   If the owner of any vessel which is subject to an order of the Commission should fail to conform to such order, including, but not limited to, observing any time limits set forth therein, then, after notice and hearing, the Harbor Master may seek an order from the Commission authorizing the sale or disposal of such vessel. 

(d)   The notice and hearing shall be provided in accordance with Rule 4.0 Notices and 5.0 Hearings. 

(e)   The Commission may authorize the sale of such a vessel and direct that the proceeds of the sale be applied to offset any expenses incurred in enforcement of these Rules, including, but not limited to, storage costs, charges for maintenance and security of the vessel, and all costs related to its sale, including, but not limited to, attorney's fees. 

Section 8.3 – Procedures for Dealing with Vessels Posing an Immediate Threat to the Public Health, Safety or Welfare 

Notwithstanding any other provision of these Rules to the contrary, including, but not limited to Rule 4.5, when the Harbor Master determines that a vessel poses an immediate threat to the health, safety or welfare, including, but not limited to threats to the environment, then the Harbor Master shall have the authority to cause such vessel to be removed to a position designated by him/her; and, if such a vessel has no crew on board or if the Master or other person in charge refuses to move such vessel as directed by the Harbor Master, the Harbor Master may move such vessel to a suitable location at the cost and risk of the owners of the vessel, and may recover his/her costs in so doing.

RULE 9.0    AMENDMENT OF RULES 

Section 9.1 - Adoption and Amendment of Rules 

The Commission may adopt additional rules and regulations of general application.  All such rules and regulations will be dated and forwarded to the City Councils of the City of Portland and the City of South Portland for review, pursuant to the Act.  All rules and regulations will be indexed by title and subject matter and kept in an appropriate binder at the Commission's office as part of its official records. 

Section 9.2 - Minutes 

The Clerk, or such other person as the Chair may designate, will keep written minutes of all meetings of the Commission.  Copies of minutes, after being approved by the Commission, will be kept in the records of the Commission, and provided to the City Clerks of the City of Portland and the City of South Portland. 

Section 9.3 - Decisions 

All Commission decisions either on individual applications or adjudicatory proceedings will be sent to the City Clerks of the City of Portland and the City of South Portland and a copy will be kept by the Treasurer-Clerk as part of the Commission's official records.

RULE 10.0   ENLARGEMENT OF TIME 

Whenever by these Rules an act is required or allowed to be done at or within a specified time, the Chairperson, for cause, may, in his/her discretion, order the period enlarged, provided the request for an extension has been made either before the expiration of the period originally prescribed or as extended by a previous order.  But neither the Chairperson nor the Commission may extend the time within which a person has been directed to comply with an order of the Commission or for taking a Rule 80B appeal, pursuant to the Act.

RULE 11.0   APPEAL TO SUPERIOR COURT 

Decisions and actions of the Commission may be appealed to the Superior Court pursuant to the Act and in accordance with Rule 80B of the Maine Rules of Civil Procedure.[5]

RULE 12.0   FEES 

Fees for licenses and permits issued pursuant to the Act or the Rules shall be assessed as follows: 

Section 12.1 - Applications 

APPLICATIONS                                          FEE 

Pilots Branch:

Original Application                              $500.00
Renewal                                               $400.00 

Docking Masters:

Original Application                              $500.00
Renewal                                               $400.00

Section 12.2 - Permits 

(a)   Permit under Rule 8.0

(re: derelicts or salvage)                            $200.00 

(b)   Complaint to move vessel under Rule 5.3 of the Act          $100.00 

(c)   Permits, including special permits, relating to either creation or maintenance of obstruction, construction or dredging, etc. in the harbor under Rule 5 of the Act: 

Estimated Cost of Project: 

Under $10,000.00                                                 $100.00

Between $10,000.00 and $50,000.00                    $250.00

Between $50,001.00 and $250,000.00                  $500.00

Between $250,001.00 and $500,000.00                $1,000.00

Between $500,001.00 and $750,000.00                $1,500.00

Between $750,001.00 and $1,000,000.00             $2,000.00

Between $1,000,001.00 and $1,500,000.00          $2,500.00

Between $1,500,001.00 and $2,000,000.00          $3,000.00

Between $2,000,001.00 and $2,500,000.00          $3,500.00

Between $2,500,001.00 and $3,000,000.00          $4,000.00

Between $3,000,001.00 and $3,500,000.00          $4,500.00

Between $3,500,001.00 and $5,000,000.00          $5,000.00

Between $5,000,001.00 and $7,500,000.00          $7,500.00

Between $7,500,001.00 and $10,000,000.00        $10,000.00

In cases where the estimated cost of a project is more than $10,000,000.00, the Commission will determine the amount of the fees. 

(d)   Costs of Notice: 

In the case of any permit that requires public notice, the applicant will be required to make a deposit of $60.00, at the time he/she files an application, to be applied to the cost of such notice.  After the Harbor Master has determined the actual cost of the notice, the applicant will either receive a refund or be billed for the difference. 

(e)   Exemption: 

The Maine Department of Transportation, the City of Portland and the City of South Portland shall be exempt from the fees required by this rule. 

Section 12.3 - Mooring Fees 

(a)   Fees for mooring permits will be as follows: 

(i)  Resident of Portland or South Portland                $73.00 

(ii) Non-resident (A non-resident who pays either
real-estate taxes or personal property taxes in
Portland or South Portland will qualify for
the residential rate)                                                   $140.00

(b)   No person shall be eligible to receive a mooring permit for a vessel more than thirty-five (35) feet in length, unless the applicant shows evidence, satisfactory to the Harbor Master, that he/she possesses sufficient financial resources to pay for all costs relating to raising the vessel in the event it should sink in the harbor. This rule will only apply to moorings in the commercial mooring area easterly of the Maine State Pier that is designated for vessels not more than 100 feet in length.

(c)   Evidence of sufficient financial resources shall be demonstrated by providing bonds or liability insurance in forms and with sureties or insurance carriers acceptable to the Harbor Master, in the following amounts:

Length of Vessel                                         Amount

35 feet to 45 feet                                          $15,000

45 feet to 60 feet                                          $20,000

60 feet to 80 feet                                          $30,000

80 feet to 100 feet                                        $60,000

RULE 13.0   WORK PERMITS 

Section 13.1 - Permit Required 

Both an applicant and also his/her contractors are jointly responsible for obtaining appropriate permits before commencing any activity for which a permit is required.  If any activity should be either commenced or completed without a required permit, then the fee for a late permit will be double the amount of the regular permit fee.  All permits will be conspicuously displayed at the site of the activity for which they were issued. 

Section 13.2 - Types of Permits 

(a)   "Temporary Permits" - Temporary permits may be issued for a specified period of time for special events, such as a mooring permit for a visiting vessel. Temporary permits may only be renewed by the Commission. 

(b)   "Seasonal Permits" - Seasonal permits may be issued for installations which are in the water for less than six (6) months a year.  A seasonal permit must be converted to a regular permit if the permitted activity should continue for more than six (6) months from the date of issuance of the permit.  Seasonal permits which permit activity from May 15 to September 15 ("Summer Permits") will be reviewed annually by the Commission at a March workshop and scheduled for public hearing in April. 

Section 13.3 - Projects Requiring Permits 

An owner or contractor shall obtain a permit whenever the scope, nature or time within which the work will be completed changes.  By way of example and not limitation, new permits will be required in the following instances: 

(a)   Cessation of work for a twelve-month period; 

(b)   Placement of additional pilings; 

(c)   Replacement of broken underwater pilings which are not in use; 

(d)   Replacing a piling with one of a different material from that authorized by the permit; 

(e)   Accommodation of more vessels or vessels of a different size from that described in the application; 

(f)   Adding new floats or changing the size of existing floats; 

(g)   Reducing the size or altering the shape of piers or marinas; 

(h)   Removing piling which will not be replaced; or 

(i)   Any activity which takes place outside of the area designated on the application as the area in which the permitted activity will take place (the "foot print").

 Section 13.4 - Expiration of Permits 

No permit issued pursuant to §Rule 5.1 of the Act shall be valid for a period longer than one (1) year from the date it was granted.  The Harbor Master may extend such a permit for one (1) additional six (6) month period. Any further extension may only be granted by the Commission, after notice and hearing, and payment of the costs of notice by the applicant. The Commission may decline to grant an extension and require a new application. 

Section 13.5 - Letter of Intent 

In the case of a project which does not require a permit, the owner or contractor will be required to file a letter of intent with the Harbor Master at least one (1) business day prior to the start of the project.

RULE 14.0   SPECIAL PERMITS 

No regattas, marine parades, nor races may be held in Portland Harbor unless its sponsor has applied for and received a permit authorizing such an event at least thirty (30) days prior thereto.  There is no fee for such a permit.

RULE 15.0   SPEED AND WAKE REGULATIONS

Section 15.1 - Definitions 

The following words shall be defined as set forth below for the purpose of this Rule: 

"Bridge":  "Bridge" shall mean the bridge connecting Portland and South Portland known as the Casco Bay Bridge. 

“Headway”: “Headway” shall mean sufficient forward movement of a vessel to maintain steering and position control only. 

"Inner Harbor":  The "Inner Harbor" is the area on the westerly side of a line drawn from the Maine State Pier, across the Harbor to Portland Pipe Line Pier #1, and a line created by the Veteran's Memorial Bridge. 

"Vessel": "Vessel" shall have the same meaning ascribed to that word in the Act.

Section 15.2 - Restricted Speed Areas

It shall be a violation of these Rules to operate a vessel within the Restricted Speed Areas at a speed in excess of the maximum speed indicated in each area designated below.  Notwithstanding these speed restrictions, it also shall be a violation of these rules to operate a vessel in such a manner as to cause a wash, wake, waves or suction that damage, endanger or unreasonably disturb any person, wharf, float or property; or any anchored, moored or passing vessel; or a vessel tied up at any pier, float, dock, wharf or marina. 

Restricted Speed Areas are designated as follows: 

(a)        Vessels shall not exceed headway speed within the following areas of Diamond Island Pass: all areas within 500 feet of a shoreline and extending northeasterly from Buoy N6, off the southwesterly point of Little Diamond Island, to Buoy 1 (F1G 2 ½ sec) off the northeasterly point of Peaks Island. 

(b)   Vessels shall not exceed headway speed within the following areas of Whitehead Passage: (1) all areas southerly of a line between the points on the westerly side of Spicer’s Cove and the northernmost point of the formation known as Whitehead; and (2) all areas northerly of a line running southeasterly from Brackett Point on Peaks Island to Sandpiper Island and Sandpiper Island to the Beacon on Trotts Rock. 

(c)       Between a line drawn from Portland Head Light to Cushing Island Bell Buoy 12, which is positioned at 43.37.954, 070.12.527 and a line drawn from Spring Point, where the breakwater meets the shore, to lighted day marker #2 on House Island, the speed of vessels shall not exceed 20 knots.

(d)       Between a line drawn from Spring Point, where the breakwater meets the shore, to the lighted day marker #2 on House Island, and a line drawn from Bug Light (an abandoned light house in South Portland) to lighted day marker #6 on Diamond Island Ledge, the speed of vessels shall not exceed 15 knots.

(e)        Between a line drawn from Bug Light (an abandoned lighthouse in South Portland) to lighted day marker #6 on Diamond Island Ledge, and a line drawn from the Maine State Pier to Portland Pipe Line Pier, the speed of vessels shall not exceed 10 knots. 

(f)   Inner Harbor: Between a line drawn from the Maine State Pier to Portland Pipe Line Pier #1, and a line created by the Veterans Memorial Bridge, the speed of vessels shall not exceed headway speed. 

(g)        Portland:  Vessels shall not exceed headway speed in all areas northerly of a line which commences at a point situated at the intersection of a line drawn from Fish Point Light Buoy 1 that is positioned at 43.39.894, 070.14.144 to the northerly end of the draw in the bridge. 

(h)       South Portland:  Vessels shall not exceed headway speed in all areas southerly of a line which commences at the northerly side of Portland Pipe Line Pier #1 to Lighthouse Channel Buoy C1 which is positioned at 43.38.920, 070.15.051, extends to Lighthouse Channel Buoy N2 which is positioned at 43.38.899, 070.15.076, and from there continues to Mill Cove Day Beacon 1 which is positioned at 43.38.812, 070.15.218 and thence to the southerly end of the draw in the bridge. 

Water safety zone – Vessels shall not exceed headway speed within 200 feet of any shoreline, whether the shoreline of the mainland or of an island, (the “water safety zone”), or within a marina or an approved anchorage.  

Section 15.3 - Affirmative Defenses

It will be a defense to any charge of violating the Speed and Wake Regulations that the speed complained about was reasonably necessary in order to:

(a)   Assure navigational safety; 

(b)   Comply with the Rules of the Road; 

(c)   To permit a governmental entity to carry out a public safety or law enforcement mission; or 

(d)   In the case of piers and docks which might sustain damage, to show that such piers or docks were not maintained in a condition which would enable them to resist ordinary and normal swells. 

Section 15.4 - Speed and Speed Signs 

The Harbor Master is authorized to establish signs identifying the Restricted Speed Areas at such locations as he/she deems appropriate.

Section 15.5 - Vessel Ownership

In the event of a violation of any of the above regulations, the fact of the violation will be prima facie evidence that the owner was the operator of the vessel at the time of the violation.

Section 15.6 - Penalty 

Each violation of the Speed and Wake Regulations will subject the offender to a civil penalty as described in Rule 7.2. 

Section 15.7 - Citizen Complaint 

(a)   Any person aggrieved by a violation of the Speed and Wake Regulations may file a written complaint with the Harbor Master. 

(b)   The person filing the complaint shall provide to the extent possible:

(i)   His/her name, address and telephone number;     

(ii)  The date, time and place of the alleged violation;     

(iii) Identification of the vessel causing the violation;     

(iv)  Identification of its owner or operator;     

(v)   The nature of the violation;

(vi)  A description of any property damages or personal injuries arising from the violation; and

(vii) The names, addresses and telephone numbers of witnesses.

(c)   The Harbor Master may investigate such complaints and determine what action, if any, to take.

RULE 16.0   ANCHORAGES AND SLIPS 

Section 16.1 - Portland Fireboat Access to Maine State Pier/Maine Wharf Slip 

(a)   A channel, not less than 40 feet in width, including without limitation, the berthing areas of the fireboat, police boat and the public landing will be maintained to the head of the slip. 

(b)   If any vessel should be tied up on the westerly side of the Maine State Pier within 100 feet of the southwesterly corner of the Ferry Terminal site, no rafting on the southernmost 250 feet of the east side of the Maine Wharf will be permitted, except at the outermost slip.  Rafting which is permitted at the outermost slip will maintain the 40-foot channel required by this Rule. 

(c)   To the extent that there may be emergency rafting which causes the channel to the head of the slip to be narrowed below 40 feet, a crew will be kept on board the vessel causing the constriction, and the vessel will be maintained to be capable of promptly clearing the channel. The captain of that vessel will immediately notify the captain of the fireboat of its location.  This paragraph does not constitute an exception to the requirement that a 40-foot channel be maintained, and is directed only at unforeseen, emergency situations.

(d)   The requirement of a 40-foot channel is not in derogation of the right of any person to gain access to the head of the slip in a vessel which requires more than a 40-foot channel. 

Section 16.2 – Width of Channels between Wharfs and Piers; Buffers between Properties 

(a)   Definition:  For the purposes of this section: 

(i)   “Sideline” means a continuation of the side boundary line between two abutting waterfront properties that begins at the normal high water line and extends into the harbor. 

(ii)  “Normal high water line” means that line which is apparent from visible markings, changes in the character of soils due to prolonged action of the water or changes in vegetation, and which distinguishes between predominantly aquatic and predominantly terrestrial land. 

(b)   Basic 25-foot rule:  Except as described in Section 16.1, no marine structure, including but not limited to a wharf, pier or moored vessel, or other obstruction of any kind may be closer than 25 feet from the sidelines of the shore property to which the  marine structure or other obstruction is connected.

(c)   Intent and waiver:  The intent of this section is to ensure that a channel wide enough to allow the passage of vessels, including but not limited to vessels providing emergency service, exists between all marine structures and obstructions described in subsection

(b).  The Commission may grant a waiver to the basic 25-foot rule described in section (b) if it finds that it would be unfair, inappropriate or unnecessary to apply the rule in a particular situation.  An applicant for a waiver must submit a request in writing to the Commission explaining why the basic 25-foot rule should be waived for the applicant.  The Commission will consider the following factors in determining whether to grant a waiver:

(i)   Whether the particular marine structure or obstruction under consideration, even if allowed to be constructed or placed within 25 feet of a sideline, will permit a channel that will adequately allow the passage of vessels;

(ii)  Whether existing marine structures or obstructions make it impossible for a channel wide enough to allow the passage of vessels to exist, regardless of the placement or construction of the marine structure under consideration;

(iii) The intended use of the marine structure or obstruction;

(iv)  Whether granting a waiver would significantly reduce an abutting property owner’s use of that abutting property, including but not limited to the owner’s ability in the future to attach a marine structure to that abutting property;

(v)   Any boundary lines between properties that extend into the harbor as described in deeds, maps or plans; and

(vi)  Any other factor the Commission believes is relevant to whether a waiver should be granted in a particular case.

(d)   Grandfathered structures:  This section does not apply to a marine structure or obstruction that was in existence, or for which a permit was obtained, on or before January 8, 2004.

(e)   Technical guidance:  The Commission may develop additional technical information, such as drawings depicting possible situations occurring under this section, for the purpose of aiding in the interpretation of this section.  Applicants may request this additional information by contacting the Commission’s office.

Section 16.3 - Temporary Use of Anchorage B 

Tugs and barges may not use Anchorage B if draft and existing conditions permit the use of Anchorage A.  Anchorage B is intended for general purposes,  but especially for use by oil tankers and other large, deep-draft ships entering the harbor at night and intending to proceed to the dock allotted to them at daylight on the following morning or as soon as practicable (Navigation Regulations, U.S. Coast Pilot, 1, Atlantic Coast, Page 32, §110.132, Portland Harbor, Maine).  Tugs and barges will be instructed to use Anchorage A, if they must, while awaiting berth, provided their draft and existing conditions safely permit such use.

RULE 17.0   STATE BRANCH BAR PILOT LICENSE

Section 17.1 - Applicability, Scope, & Route

(a)   License required:

(i)   No person shall engage in pilot duties nor operate as a pilot in Portland Harbor without a valid and current State Branch Bar Pilot license issued by the Commission, and shall not operate under any such license during any time that the license has been suspended or after revocation as provided herein.  Notwithstanding the foregoing, a licensed docking master may perform pilot duties as provided in paragraph (b)(ii) below.

(ii)  The Commission will appoint such number of Branch Bar Pilot for the Harbor of Portland as it deems necessary for the safety and convenience of commerce; and fix and establish such compensation for the services of the pilots, from time to time, as may be deemed just and reasonable.

(b)   In addition to all other requirements under this Rule, all State Branch Bar Pilot licenses issued by the Commission and persons licensed pursuant to this Rule are subject to the following:

(i)   A State Branch Bar Pilot license, when issued, includes the waters of Portland Harbor and outer approaches, as hereinafter described, for vessels of any gross tons whether motor, steam or sail driven.  The waters of Portland Harbor are as follows:

From the position of Portland Lighted Horn Buoy "Papa" to Halfway Rock Lighthouse to Naval Fuel Depot Harpswell Neck via Broad Sound or Luckse Sound; to Cousins Island via Hussey Sound entrance, channels & anchorages; to Rolling Mills, including entrances, channels and anchorages in Portland Harbor; thence to Cape Elizabeth Lt; thence to Old Anthony Rock and West Hue and Cry Rock to point of beginning at the position of Portland Lighted Horn Buoy "Papa".

(ii)  The vessel or its authorized representative will, as customary, have the option to obtain the services of tow boats and a licensed Docking Master to assist it while maneuvering in Portland Harbor.

certain vessels are required to use tow boats pursuant to regulations of the United States Coast Guard.

The transitional point of navigational control from Docking Master to State Branch Bar Pilot and vice versa will be determined by the master of the vessel and agreed to by the Docking Master and State Branch Bar Pilot, not by the navigational limitations of their respective licenses.

(iii) Inbound vessels, approaching Portland Lighted Horn Buoy "Papa," will be boarded by the pilot in the proximity of the buoy.  The pilot will disembark from departing vessels on this route only when clear of the outermost navigational hazard and at the discretion of the master and concurrence of the pilot.

(iv)  Inbound vessels, approaching Eastern Approach lighted Buoy "1" from the east, will be boarded by the pilot approximately two (2) miles easterly of the buoy.  The pilot may disembark from east bound vessels only when clear of Witch Rock.

(c)   Vessels which require pilotage are those identified in the Act.

Section 17.2 –  State Bar Branch Pilot License Requirements 

(a)   Applications for a license and renewal of a license are available at the office of the Commission.  Every applicant for a State Bar Branch Pilot’s license must meet the requirements of this Section. 

(b)   Fees: 

(i)   New applications:

Every new application to act as a State Branch Bar Pilot on the waters of Portland Harbor, as defined in P&S Laws 1981, c.98, § 1(6) and further defined in this Rule, shall be accompanied by a non-refundable application fee in the amount of five hundred dollars ($500.00) for a five (5) year period. 

(ii)  Renewals: 

Every renewal application shall be accompanied by a non-refundable renewal fee in the amount of four hundred dollars ($400.00) for a five (5) year period. Licenses may be renewed up to ninety 90 days after the date of expiration upon payment of a late fee of one hundred dollars ($100.00), in addition to the renewal fee.  Any person who submits an application for renewal more than ninety (90) days after the licensing renewal date is subject to all requirements governing new applicants. 

(c)   Age and Citizenship Requirements: 

At the time of submitting an application, the applicant will provide written proof that he/she is a citizen of the United States, a resident of the State of Maine and has reached his/her twenty-first birthday. 

(d)   Physical Qualifications: 

At the time of submitting an application, the applicant will provide the Commission with proof of his/her current satisfactory completion of the physical standards for a First Class Pilot's license as determined by the United States Coast Guard’s Physical and Drug Testing Requirements.

(e)   Current licenses, endorsements and qualifications required:

(i)   United States Coast Guard license requirements:

a.    Master of United States steam or motor vessels of any gross tons on any ocean;

b.    First Class Pilot of unlimited tonnage of steam or motor vessels upon the waters for which application is made;

c.    Valid Radar Observer Endorsement (Unlimited) on USCG License;

(ii)  Graduate of a State Maritime Academy, the Federal Maritime Academy, or equivalent professional training.

(f)   Previous experience required within five (5) years immediately prior to the date of application for the license:

(i)   At least two (2) years as master or the chief officer of seagoing vessels of  a minimum dead weight tonnage of forty thousand (40,000) tons or more within five (5) years immediately prior to the date of application for the license.

(ii)  A combination of observation and conduct[6] a minimum of two hundred and fifty (250) vessel movements on the waters of Portland Harbor and outer approaches over a sufficient period of time to experience typical wind, weather and conditions during all seasons; said vessel movements shall be representative of the port traffic profile.

a.    Such observation and conduct of vessel movements shall all be done under the tutelage of a State Branch Bar Pilot.

b.    The applicant must conduct, in whole or in part, at least fifty percent (50%) of the 250 vessel movements required hereunder, with no more than fifty percent (50%) observation only. 

c.    The applicant must conduct at least twenty five percent (25%) of the vessel movements at night or under restricted visibility conditions.         

d.    A minimum of fifty percent (50%) of the required conduct of vessel movements must be made in conventional, self-propelled ships having a minimum dead weight tonnage of forty thousand (40,000) tons.  Tugs and barges or a combination of them may not be used to meet this requirement. 

(iii) Evidence of experience in anchoring skills, as well as skills in getting vessels underway from anchorage, and turning the vessel, if necessary, in restricted quarters without tug assistance.

(g)   Training required:

(i)   Certification in the use of:

a.    Automatic Radar Plotting Aid (ARPA)

b.    Bridge Resources Management (BRM)

(ii)  Evidence of completion of the following courses, training or certifications, such evidence may be provided by a certification signed by the applicant, in the absence of the availability of a certificate:

a.    Electronic Chart Display and Information System (ECDIS)

b.    Integrated Bridge System (IBS)

c.    Global Positioning System (GPS and DGPS)

d.    Oil Pollution Act of 1990, as amended (P.L. 101-380; OPA-90)

(iii) “Certified” for purposes of this paragraph, means the satisfactory completion of the required courses that are Coast Guard approved, or equivalent courses approved by the Commission.

(h)   Waivers by the Commission:

The Commission may, in its discretion, waive certain requirements of this Rule both in regard to Apprentices as well as to State Branch Bar Pilots in order to provide sufficient, qualified personnel as the safety, convenience and commerce of the port may require, and where the applicant for a waiver can provide evidence satisfactory to the Commission, in the context of the entire Rule, substantially equivalent experience.

(i)   Conditions on license.

The Commission may, in its discretion, impose reasonable conditions on a State Branch Bar Pilot license, as the Commission deems necessary for navigational safety and for the convenience of the public and commerce.

Section 17.3 - Apprenticeship Certificate and Program 

(a)   From and after November 28th, 2003, candidates for a State Branch Bar Pilot license who do not meet all the requirements of § 17.2(d)-(g) above will be required to obtain an Apprenticeship certificate and complete an Apprenticeship program in accordance with the requirements set forth below.

Application for Apprenticeship certificate:

The candidate for admission to the Apprenticeship program shall submit the following to the Commission prior to issuance of an Apprenticeship certificate and entry into the Apprenticeship program: 

(i)   A completed application form for admission to the Apprenticeship program, which form has been approved by the Commission and is available in the office of the Commission.

(ii)  Payment of a non-refundable application fee in the amount of five hundred dollars ($500.00) for the three (3) year Apprenticeship certificate.  This fee will be credited to the initial license application fee upon completion of the Apprenticeship and application for a license.

(iii) Written evidence that the candidate possesses the following valid and current licenses and endorsements:

a.    Master of United States steam or motor vessels of any gross tons upon oceans;

b.    First Class Pilot of unlimited tonnage of steam or motor vessels upon the waters for which application is made;

c.    Valid Radar Observer (Unlimited) Endorsement on USCG License;

d.    Graduate of a State Maritime Academy, the Federal Maritime Academy, or equivalent professional training.

(iv)  Written proof that the candidate is a citizen of the United States, is a resident of the State of Maine, and has reached his/her twenty-first birthday.

(v)   Written proof that the candidate meets or exceeds the physical standards for a First Class Pilot license as determined by the United States Coast Guard’s Physical and Drug Testing Requirements.

(vi)  Written proof that the applicant has at least two (2) years as master or the chief officer of seagoing vessels having a minimum dead weight tonnage of forty thousand (40,000) tons or more within five (5) years immediately prior to the date of application.

(vii) Written evidence, satisfactory to the Commission, that the applicant’s Apprenticeship program will be conducted under the direct supervision of a Supervisory Training Officer; the Supervisory Training Officer shall be qualified as a State Branch Bar Pilot, duly licensed pursuant to the Rules for a minimum of five (5) years, and in good standing.

a.    A Supervisory Training Officer who agrees to supervise an Apprentice shall agree in writing to conduct such supervision in accordance with the rules of the Commission.  This shall not be construed, however, as preventing a Supervisory Training Officer from establishing his/her own requirements for an Apprentice to remain eligible for his/her supervision, provided that notice of such additional or modified requirements is given to the Commission;

b.    A Supervisory Training Officer who is supervising an Apprentice may withdraw from such duties upon written notice to the Commission;

c.    Failure of the Supervisory Training Officer to comply with the requirements of the Apprenticeship Program may submit the Supervisory Training Officer to disciplinary action as authorized by Section 17.9.

d.    The Supervisory Training Officer may appoint one or more Training Officers who are qualified as State Branch Bar Pilot, duly licensed pursuant to the Rules for a minimum of two (2) years and in good standing, who agree to supervise one or more Apprentices in accordance with the requirements of the Apprenticeship Program.

Issuance and Duration of Apprenticeship Certificate

(i)   Upon verification by the Commission that the applicant has met all      the above requirements, the Commission will issue an Apprenticeship Certificate which will be valid for thirty six (36) months.

(ii)  A copy of the certificate will be sent to the Supervisory Training Officer.

Apprenticeship Training Period

(i)   The Apprenticeship Training Period will consist of a minimum of twelve (12) months of training under the direct and constant supervision of the Supervisory Training Officer and Training Officers as provided herein.

(ii)        The Apprentice must become certified in the following areas:

(a)   Automatic Radar Plotting Aid (ARPA)

(b)   Bridge Resource Management (BRM)

(iii) The Apprentice will also be required to have evidence of completion of the following courses, training or certification in the following areas, which evidence may be provided by a certification signed by the Apprentice in the absence of the availability of a certificate:

a.    Electronic Chart Display and Information System (ECDIS)

b.    Integrated Bridge System (IBS)

c.    Global Positioning System (GPS and DGPS)

d.    Oil Pollution Act of 1990, as amended (P.L. 101-380; OPA-90)

(iv)  “Certified”, for the purposes of this section, means the satisfactory completion of the required courses that are Coast Guard approved or equivalent courses approved by the Commission.

(v)   The Apprentice will be required to obtain the experience required for candidates for State Branch Bar Pilots in Section 17.2(f)(ii)-(iii) , except that an Apprentice may not conduct vessel movements until the Apprentice has observed a minimum of twenty-five (25) vessel movements under Section17.2(f)(ii).

Certification of Progress 

(i)   The Supervisory Training Officer will file written reports with the Commission every  six months while the Apprenticeship program is in effect, describing the candidate’s progress, courses completed, nature and extent of practical experience, the Supervisory Training Officer’s estimate of the applicant’s progress and ability and such other information as the Commission deems relevant.

In addition to such reports, the Commission may require the Apprentice and the Supervisory Training Officer to appear before it to respond to questions about the Apprentice’s participation in the program and his/her progress.

Extension of Apprenticeship Program

For good cause shown, the Commission may extend an Apprenticeship certificate for an additional twenty four (24) months.  Before any extension may be granted, however, the applicant will have to:

(i)   Demonstrate compliance with all the requirements of subsections 17.3(b)(iii) – (vii) above, as though he/she were a new applicant, including providing a qualified individual who is willing to serve as a Supervisory Training Officer during any such extension;

(ii)  Provide a written recommendation from the Supervisory Training Officer that he/she has made satisfactory progress in the Apprenticeship program completed up to the time of the request for an extension; and

(iii) Pay an additional non-refundable fee of two hundred dollars ($200.00).

Section 17.4 - Duration and Renewal of State Branch Bar Pilot’s License

(a)   The duration of the State Branch Bar Pilot license will be five (5) years in accordance with the Act, unless sooner terminated by the Commission.

(b)   In order to be eligible for renewal of a license, the applicant must:

(i)   Meet the physical qualifications of Section§ 17.2(d);

(ii)  Submit a completed application and pay the fee required in Section 17.2(b) (ii);

(iii) Provide evidence he or she currently has all licenses and endorsements required in Section 17(2) (e) above;

(iv)  In the year immediately preceding the request for renewal, conduct 20 vessel movements in Portland Harbor for which a State Branch Bar Pilot License is required, all of which movements must be on vessels of a minimum 40,000 dead weight tonnage, and five of which movements must be at night or under restricted visibility conditions; and

(v)   Provide the Commission with written documentation of the vessel movements conducted pursuant to this section containing, at a minimum, each vessel’s name, type and dead weight tonnage, the time of day or night of each movement and the transit point of each movement.

(c)   An applicant who files an application for renewal under this section before October 1, 2007 must complete the recency requirements detailed in paragraphs (b)(iv) and (b)(v) of this section within one year of the date of application. The license of an applicant who fails to meet these requirements within this one-year time period will expire at the close of the one-year period.

(d)   The Commission may grant a waiver of the requirements of this section in accordance with Section 17.2 (h), or may modify the requirements of this section   in the case of an applicant whose license contains conditions imposed pursuant to Section 17.2 (i) in order to ensure that the requirements are appropriate for that applicant.

Section 17.5 - Requirement for Continuing Education 

(a)   Effective January 1, 2004, State Branch Bar Pilots licensed by the Commission will be required to meet the same continuing education (CE) requirements adopted by the Maine Pilotage Commission, i.e. forty (40) hours of CE per five (5) year license period.  Criteria for determining eligible CE units shall be as provided by the Maine Pilotage Commission as outlined in Appendix A attached hereto.  Each licensee shall file written evidence of satisfactory completion of any CE units, which units shall be subject to review and approval by the Commission prior to crediting of the CE units toward the required forty (40) hours.

(b)   Persons holding valid State Branch Bar Pilot licenses as of January