Rules and Regulations

Adopted October 12th, 2000
Edited March 3rd, 2014

 

Rules and Regulations of the

Board of Commissioners

For the Port of Portland, Maine

 

 Adopted October 12th, 2000

Edited July 15th, 2014

 

 

 Board of Commissioners

 

Thomas Dobbins, Chair (State of Maine)

Bill VanVoorhis, Vice Chair (South Portland)

Bert Jongerden, Treasurer (Portland)

Patrick Arnold (South Portland)

Dan Haley, Jr. (Portland)

 

 

Kevin Battle,  Harbor Master

Lance Hanna, Deputy Harbor Master

Charles Baird, Deputy Harbor Master

Julie Mulkern, Assistant Harbor Master

Jason Battle, Assistant Harbor Master

 


Table of contents:

 

 

RULE 1.0         GRANT OF POWER TO THE COMMISSIONERS. .................................................................................................2

RULE 2.0         REGULAR AND SPECIAL MEETINGS AND ELECTION OF OFFICERS. ..............................................................2

Section 2.1. ........................................................................................................................................................................................2

Section 2.2. ........................................................................................................................................................................................2

Section 2.3. ........................................................................................................................................................................................2

Section 2.4. ........................................................................................................................................................................................2

RULE 3.0         CONDUCT OF MEETINGS. ......................................................................................................................................3

Section 3.1 - Rules of the Commission. .........................................................................................................................................3

Section 3.2 - Order of Business ......................................................................................................................................................3

Section 3.3 - Presiding Officer. ......................................................................................................................................................3

RULE 4.0         NOTICES. ...................................................................................................................................................................4

Section 4.1...........................................................................................................................................................................................4

Section 4.2. .........................................................................................................................................................................................4

Section 4.3. .........................................................................................................................................................................................4

Section 4.4. .........................................................................................................................................................................................5

Section 4.5. .........................................................................................................................................................................................5

RULE 5.0         RULES OF PROCEDURE. ..........................................................................................................................................6

Section 5.1 - Public Hearing. ..........................................................................................................................................................6

Section 5.2.1 - Order of Proceedings .............................................................................................................................................6

Section 5.2.2 - Rights of Parties .....................................................................................................................................................6

Section 5.2.3 - Rules of Evidence. ...................................................................................................................................................7

Section 5.2.4 - Conflict of Interest. ...............................................................................................................................................7

Section 5.2.5 - Bias ...........................................................................................................................................................................7

Section 5.2.6 - Pre-hearing Conferences ......................................................................................................................................7

Section 5.3 - Decision. .....................................................................................................................................................................8

Section 5.4 - Record. .......................................................................................................................................................................8

Section 5.5 – Subpoenas ..................................................................................................................................................................8

RULE 6.0         APPEALS FROM DECISIONS AND ORDERS OF HARBOR MASTER. ................................................................10

Section 6.1. ......................................................................................................................................................................................10

Section 6.2. ......................................................................................................................................................................................10

RULE 7.0         GENERAL PENALTY AND SPECIFIC VIOLATIONS. ............................................................................................11

Section 7.1 - General Penalty. .......................................................................................................................................................11

Section 7.2 - Penalties for Specific Violations ...........................................................................................................................11

Section 7.3 - Reduction of Penalties ............................................................................................................................................12

Section 7.4 - Recovery of Costs ....................................................................................................................................................12

Section 7.5 – Jurisdiction. .............................................................................................................................................................13

RULE 8.0         DERELICT OR ABANDONED VESSELS OR VESSELS POSING AN IMMEDIATE THREAT TO THE PUBLIC HEALTH, SAFETY OR WELFARE  ...................................................................................................................................................................14

Section 8.1 - Definitions ...............................................................................................................................................................14

Section 8.2 - Procedures for Dealing with Derelict and Abandoned Vessels .......................................................................14

Section 8.3 – Procedures for Dealing with Vessels Posing an Immediate Threat to the Public Health, Safety or Welfare..15

RULE 9.0         AMENDMENT OF RULES. .....................................................................................................................................16

Section 9.1 - Adoption and Amendment of Rules .....................................................................................................................16

Section 9.2 - Minutes ....................................................................................................................................................................16

Section 9.3 - Decisions ..................................................................................................................................................................16

RULE 10.0      ENLARGEMENT OF TIME. .....................................................................................................................................17

RULE 11.0      APPEAL TO SUPERIOR COURT. .............................................................................................................................18

RULE 12.0      FEES. ..........................................................................................................................................................................19

Section 12.1 - Applications ............................................................................................................................................................19

Section 12.2 - Permits ....................................................................................................................................................................19

Section 12.3 - Mooring Fees ..........................................................................................................................................................20

RULE 13.0      WORK PERMITS. ......................................................................................................................................................22

Section 13.1 - Permit Required. ....................................................................................................................................................22

Section 13.2 - Types of Permits ....................................................................................................................................................22

Section 13.3 - Projects Requiring Permits ..................................................................................................................................22

Section 13.4 - Expiration of Permits ...........................................................................................................................................23

Section 13.5 - Letter of Intent. .....................................................................................................................................................23

RULE 14.0      SPECIAL PERMITS. ..................................................................................................................................................24

RULE 15.0      SPEED AND WAKE REGULATIONS. ......................................................................................................................25

Section 15.1 - Definitions .............................................................................................................................................................25

Section 15.2 - Restricted Speed Areas .........................................................................................................................................25

Section 15.3 - Affirmative Defenses ............................................................................................................................................26

Section 15.4 - Speed and Speed Signs .........................................................................................................................................27

Section 15.5 - Vessel Ownership. .................................................................................................................................................27

Section 15.6 - Penalty. ...................................................................................................................................................................27

Section 15.7 - Citizen Complaint. ...............................................................................................................................................27

RULE 16.0      ANCHORAGES AND SLIPS. ...................................................................................................................................29

Section 16.1 - Portland Fireboat Access to Maine State Pier/Maine Wharf Slip. ...............................................................29

Section 16.2 – Width of Channels between Wharfs and Piers; Buffers between Properties ...........................................29

Section 16.3 - Temporary Use of Anchorage B. ........................................................................................................................31

RULE 17.0      STATE BRANCH BAR PILOT LICENSE. ................................................................................................................32

Section 17.1 - Applicability, Scope, & Route. ............................................................................................................................32

Section 17.2 –  State Bar Branch Pilot License Requirements ...............................................................................................33

Section 17.3 - Apprenticeship Certificate and Program.. .......................................................................................................36

Section 17.4 - Duration and Renewal of State Branch Bar Pilot’s License. .........................................................................39

Section 17.5 - Requirement for Continuing Education. .........................................................................................................40

Section 17.6 - Fees to be charged by State Branch Bar Pilots .................................................................................................41

Section 17.7 Fees Payable to the Commission. ..........................................................................................................................41

Section 17.8- Safety of Pilot or Apprentice. ..............................................................................................................................41

Section 17.9 – Denial of License or Apprenticeship Certificate; Disciplinary Action. ......................................................42

Section 17.10 - Notice of Hearing on Complaint. ....................................................................................................................43

Section 17.11 - Suspension or Revocation. ................................................................................................................................44

Section 17. 12- Reinstatement Following Suspension ...............................................................................................................................................44

 

Section 17.13 - Lapsed Licenses ...................................................................................................................................................44

Section 17.14 - Records of State Branch Bar Pilots ..................................................................................................................44

Section 17.15 - Reportable incidents leading to investigation by the Harbor Master or his Assignee  ...........................44

Section 17.16 - Appeals from Commission Ruling. ..................................................................................................................45

Section 17.17 – Liability. ..............................................................................................................................................................46

RULE 18.0      DOCKING MASTER LICENSE. ..............................................................................................................................48

Section 18.1 - Applicability, Scope and Route. .........................................................................................................................48

Section 18.2  Docking Master License Requirements .............................................................................................................49

Section 18.3- Apprenticeship Program.. ....................................................................................................................................51

Section 18.4- Duration and Renewal. ........................................................................................................................................55

Section 18.5- Requirement for Continuing Education. .........................................................................................................56

Section 18.6 - Fees to be Charged by Docking Masters ..........................................................................................................56

Section 18.7 - Fees Payable to the Commission. ......................................................................................................................57

Section 18.8 -  Safety of Docking Master or Apprentice. .......................................................................................................57

Section 18.9- Denial of License or Apprenticeship Certificate; Disciplinary Action. ......................................................58

Section 18.10 - Notice of Hearing on Complaint. ...................................................................................................................59

Section 18.11 - Suspension or Revocation. ...............................................................................................................................59

Section 18.12 - Reinstatement Following Suspension. ..........................................................................................................59

Section 18.13 - Lapsed Licenses .................................................................................................................................................60

Section 18.14 - Records of Docking Masters ...........................................................................................................................60

Section 18.15 - Reportable Incidents Leading to Investigation by the Harbor Master or his Assignee  ........................60

Section 18.16 - Appeals from Commission Ruling. .................................................................................................................61

Section 18.17 – Liability. .............................................................................................................................................................61

RULE 19.0      ALCOHOL and DRUG TESTING PROCEDURES. ...............................................................................................63

Section 19.1 - Drug and Alcohol Testing. .................................................................................................................................63

Section 19.2 - Enforcement of Policy. ......................................................................................................................................64

Section 19.3 - Definitions ..........................................................................................................................................................64

Section 19.4 - Testing Procedures ............................................................................................................................................66

Section 19.5 - Consent Form.. ....................................................................................................................................................73

RULE 20          DUTIES OF EMPLOYEES OF THE BOARD OF HARBOR COMMISSIONERS. ...............................................75

Section 20.1 - Duties of the Harbor Master. ...........................................................................................................................75

RULE 21.0      MOORING REGULATIONS. .................................................................................................................................76

Section 21.1 - Definitions ..........................................................................................................................................................76

Section 21.2 - Permit Required. ................................................................................................................................................77

Section 21.3 – Mooring Permit Waiting List Procedures .....................................................................................................78

Section 21.4 - Restrictions on Use of Moorings During Winter. ........................................................................................79

Section 21.5 - Special Mooring Agreements ...........................................................................................................................79

Section 21.6 - Priority in Granting Permits ...........................................................................................................................80

Section 21.7 - Vessel at Mooring Taking on Water. ...............................................................................................................81

Section 21.8 - Access to Channels ............................................................................................................................................81

Section 21.9 - Grand-fathered Mooring Privileges ...............................................................................................................81

Section 21.10 - Moorings Prohibited in Certain Areas ........................................................................................................82

Section 21.11 - Mooring Fees ....................................................................................................................................................82

Section 21.12 - Mooring Tackle. ...............................................................................................................................................82

Section 21.13 - Winter Markers ................................................................................................................................................83

Section 21.14 - Removal and Disposal of Moorings ..............................................................................................................83

Section 21.15 - Removal of Vessel. ............................................................................................................................................84

Section 21.16 - Abandonment of Moorings ............................................................................................................................84

Section 21.17 - Appeals ...............................................................................................................................................................85

Section 21.18 - Penalty. ..............................................................................................................................................................85

RULE 22.0      Floating Businesses and Houseboats. ...................................................................................................................86

Section 22.1 - Definitions .........................................................................................................................................................86

Section 22.2. ................................................................................................................................................................................86


APPENDICES

                                                                                                                                                                                                                                                                                                    

 A.        Acts Relating to the Commission..............................................................  A1-A9

P. & S.L. 1981 c.98; and P. & S. Law 1993, c.34.........................................................A10-A11

 B.        Maine Right to Know Law...........................................................................B1

1 M.R.S.A. §406

C.        Necessary Parties............................................................................................C1      

M. R. Civil P. 19

 D.        Conflicts of Interest.......................................................................................D1-D4

30-A. M.R.S.A. §2605

 E.         Review of Governmental Action...................................................................E1-E3

M. R Civil P. 80B

 F.         Harbor Masters - Removal of Vessels Obstructing Anchorage...................F1

38 M.R.S.A. §5

 G.        Debris Removal Agreement between the Coast Guard, the City of

Portland and the City of South Portland...................................................................G1      

 H.        Mooring Removal Contract............................................................................H1-H2

 I.          Centerboard Yacht Club - Anchorage Area....................................................I1-I2

 J.         An Act separating Long Island from the City of Portland..............................J1-J5

P. & S. L. 1992, c. 100

 K.        Certificate of Compliance with 45 day Notice Rule.......................................K1

 L.         Bay ferries, The Cat MOU………………………………………………........................L1



ferries, The Cat MOU………………………………………………..   L1

 

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 Rulees.

 

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                                  $80.00

 

(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)                                                                 $160.00

 

(b)       No person shall be eligible to receive a mooring permit for all vessels  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.

 

(i)             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.         Second Mate of 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 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 (2) years immediately prior to the date of application for the license:

 

(i)        At least two (2) years service as a licensed deck officer of seagoing vessels of  a minimum dead weight tonnage of twenty thousand (20,000) 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 twenty thousand (20,000) tons and a minimum of fifteen percent (15) must be made in conventional, self-propelled ships having a minimum dead weight tonnage of eighty thousands (80,000) 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)

                                    c.         Electronic Chart Display and Information System (ECDIS)

                 

                        (ii)       “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.

 

(b)   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.         Second Mate Unlimited of  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 of service as a licensed deck officer of seagoing vessels having a minimum dead weight tonnage of twenty thousand (20,000) 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.

 

(c)    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.

 

(d)   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). 

 

(e)    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.

 

(ii)           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.

 

(f)    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 1, 2004 will be required to complete eight (8) hours of continuing education units on the same terms as provided in paragraph (a) immediately above for each year remaining on their current license.  Any person issued a license, whether an initial license or renewal, after January 1, 2004, must meet the requirements of paragraph (a) immediately above.  CE units approved by the Commission in excess of those necessary to meet the requirements of this paragraph (b) may be carried over and credited to the units required under paragraph (a) for the immediately following renewal license only. 

 

Section 17.6 - Fees to be charged by State Branch Bar Pilots

 

(a)        The fees to be charged by State Branch Bar Pilots shall be as ordered by the Commission, following public notice and hearing, pursuant to the Act.

 

(b)       No State Branch Bar Pilot may demand or receive any greater or different compensation for piloting a vessel upon the waters of Portland Harbor than that authorized by the Board of Commissioners, pursuant to the Act and following public notice and hearing.

 

(c)        No master, agent, owner, charterer, or consignee may charge a commission or receive any payment, directly or indirectly, for the assignment of pilotage work, nor shall any State Branch Bar Pilot offer to pay to any person a commission for the assignment of pilot work. 

 

Section 17.7 Fees Payable to the Commission

 

Each State Branch Bar Pilot and Docking Master licensed by the Commission will contribute to create an administrative fund for the use of the Commission in the total amount of fifteen thousand dollars ($15,000.00). The contributions will be assessed pro rata based upon the number of round-trip vessel movements in a year.

 

Section 17.8- Safety of Pilot or Apprentice

 

(a)        Boarding safety: 

 

A State Branch Bar Pilot shall have no duty to board or leave a vessel unless the vessel maintains the speed required by the pilot boat operator and there exists a suitable lee and ladder conforming to the current International Maritime Organization (IMO) Standards for pilot ladder safety.  The ladder shall be in good condition, properly placed, secured and illuminated to enable the pilot to board and leave the vessel safely.

 

(b)       Illness or injury to pilot or Apprentice: 

 

Any State Branch Bar Pilot and/or Apprentice who suffers illness or injury, causing him/her to be unable, or reasonably likely to be unable, to perform his/her duty for a period of twenty (20) calendar days or more shall notify the Harbor Master as soon as reasonably practicable after the date of injury or onset of illness.  He/she shall, further, notify the Harbor Master in regard to the date when he/she expects to be able to resume duty.

 

If the State Branch Bar Pilot or Apprentice is under the care of a doctor(s), then prior to returning to work, he/she must provide a written report to the Commission from the treating doctor(s), stating that the pilot or Apprentice is fit to return to work. If the State Branch Bar Pilot or Apprentice is not under the care of a doctor(s), then he/she must provide a written statement to the Commission attesting to his/her fitness to return to work.  The Commission reserves the right to require the pilot or Apprentice to obtain a doctor's report, at his/her own cost, attesting to his/ her fitness to return to work.  The doctor must have experience in the particular discipline related to the particular illness or injury.

 

Section 17.9 – Denial of License or Apprenticeship Certificate; Disciplinary Action

 

(a)        Following notice and hearing, the Commission may deny, revoke or suspend any State Branch Bar Pilot or Apprentice for cause for any period which it deems proper.
 

(b)       A license or Apprenticeship certificate may be denied, suspended or revoked upon a determination of the existence of one (1) or more of the following grounds:

 

(i)        that such person has disobeyed or violated any of the provisions of this rule, of Section 5 of the Act, of any rule established by the Commission, or any state or federal law or regulation applicable to that person’s duties as a State Branch Bar Pilot or Apprentice;

(ii)       that such person has negligently lost or damaged any vessel under his/her care or damaged any public or private property while operating a vessel as a State Branch Bar Pilot or Apprentice;

(iii)      that such person is habitually intemperate in the use of alcohol, uses narcotic or hypnotic or other substances as to be unfit to be entrusted with the charge of a vessel;

(iv)      that such person is mentally or physically incapable of carrying out the duties of a branch pilot or Apprentice;

(v)       that such person failed to report a reportable incident as provided in Section17.15;

 

(vi)      that any of such person’s licenses and endorsements and certifications required in Section17.2(e) and 17.2(g) or 17.3(b)(iii), (d)(ii)-(iii)  above have been suspended, revoked or lapsed;

 

(vii)     that such person has been convicted of any state or federal criminal violation the penalty for which includes incarceration for a period of one (1) year or more; or

 

(viii)    that such person provided false information in regard to any matters hereunder.

 

(c)        In addition to the foregoing, there shall be a rebuttable presumption that a State Branch Bar Pilot or Apprentice is not fit to perform his/her duties if he/she has been involved in three (3) or more reportable incidents, as provided in §17.15 below, within any twelve (12) month period.  Such presumption may be rebutted by medical evidence acceptable to the Commission of fitness to perform his/her duties, by evidence that all such incidents were caused by circumstances beyond the control of the licensee or Apprentice, and/or by any other evidence deemed by the Commission to be relevant to the issue of the licensee’s/Apprentice’s fitness to perform his/her duties.

 

(d)       In addition to, or alternative to suspension or revocation of a license, the Commission may require the licensee or Apprentice to:

 

(i)        be examined by a health care professional acceptable to the Commission to determine the licensee’s/Apprentice’s fitness for duty and provide a report attesting to such fitness prior to any return to duty;

 

(ii)       attend additional training relevant to the duties of a State Branch Bar Pilot that training is acceptable to the Commission; and/or

 

(iii)      impose any penalty provided in Rule 7.0.

 

Section 17.10 - Notice of Hearing on Complaint

 

Before any State Branch Bar Pilot or Apprentice may be prosecuted upon any complaint or be denied a license or certificate, he/she will be notified, in writing, to appear before the Commission. The notice will specify the nature of the complaint or grounds for denial, and be served personally or by certified mail addressed to the State Branch Bar Pilot or Apprentice at his/her last and usual place of abode, at least fifteen (15) days before the time fixed in the notice for his/her appearance.

 

Section 17.11 - Suspension or Revocation

 

A State Branch Bar Pilot or Apprentice whose license or certificate has been revoked or suspended shall surrender his/her license or certificate to the Commission which shall retain it until the period of the suspension has expired.  Any suspended State Branch Bar Pilot or Apprentice who refuses to surrender his/her license or certificate on demand or who continues to act as State Branch Bar Pilot or Apprentice may be subject to the penalties provided in §Rule 7.0.

 

Section 17. 12- Reinstatement Following Suspension

 

Any State Branch Bar Pilot or Apprentice whose license or certificate has been suspended shall, following the expiration of the period of his/her suspension, be entitled to the reinstatement of his/her license or certificate, provided he/she possesses the qualifications required of a State Branch Bar Pilot at the time his/her license suspension terminates, or in the case of suspension of an Apprenticeship certificate, that the Apprentice meets all the requirements in §17.3 for entry into the Apprenticeship program prior to reinstatement of the Apprenticeship certificate.

 

Section 17.13 - Lapsed Licenses

 

            A State Branch Bar Pilot, heretofore licensed by the Commission, whose license has lapsed for any reason, may be reinstated upon compliance with all the requirements of this rule regarding application for an initial license, unless the Commission has waived a specific requirement pursuant to §17.2(h).

 

Section 17.14 - Records of State Branch Bar Pilots

 

All relevant records prepared by or relating to a State Branch Bar Pilot will be made available to the Commission upon its request.

 

Section 17.15 - Reportable incidents leading to investigation by the Harbor Master or his Assignee

 

(a)        The Commission will consider recommendations from the Harbor Master in regard to investigations of incidents resulting in investigations and/or public hearings.

 

(b)       Immediately after addressing the resultant safety concerns of the vessels, personnel, public or private property involved, the licensed State Branch Bar Pilot in charge will notify the Harbor Master of any accident or incident occurring while exercising his privilege as a licensed State Branch Bar Pilot which involves:

 

(i)        A collision with any vessel not made fast to or assisting with the maneuvering of the subject vessel.

 

(ii)       Grounding of subject vessel.

 

(iii)      An allision with a bridge.

 

(iv)      An accident or incident occurring as a direct result of the actions of the licensed State Branch Bar Pilot resulting in death or personal injury, requiring medical treatment beyond first aid and removal from the vessel for treatment of any personnel involved.

 

(v)       Damage to any public or private property resulting in property damage estimated in good faith by the State Branch Bar Pilot to be in excess of twenty five thousand dollars ($25,000).   In such case, the State Branch Bar Pilot shall notify the Harbor Master of the incident as soon as reasonably practicable, but in no case more than twenty-four (24) hours after the incident. 

 

(c)        The Harbor Master or an investigator assigned by the Harbor Master will conduct an investigation of the incident and notify the Commission Chairperson of the progress of such investigation without disclosing any detail of the investigation or any finding thereof. Upon completion of the investigation the Harbor Master will request a preliminary meeting, without public comment, of the Commissioners which will determine further action to be taken by the Commission regarding the accident or incident.

 

(d)       To the extent permitted by law, official records of the United States Coast Guard may be used to show that an incident occurred, the vessel involved and the time and date of the incident, but for no other purpose.

 

Section 17.16 - Appeals from Commission Ruling

 

Any person aggrieved by any final order or decision of the Commission with respect to any disciplinary action or any application for, or denial of, a State Branch Bar Pilot license, may appeal to the Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure.

 

 

Section 17.17 – Liability

 

A State Brach Bar Pilot providing pilot services is not liable for more than $5,000 in damages or loss caused by any negligent act or omission in the performance of pilot services.  This limitation of liability does not apply to damages or loss arising from the intentional, willful or reckless misconduct of a State Brach Bar Pilot providing pilot services.

 

Nothing in this section may be construed to exempt an owner or operator of a vessel from liability for damage or loss caused by that vessel.

 

APPENDIX A

Continuing Education

Maine Pilotage Commission
Declaration of Standards for Continuing Education
Adopted April 10, 2001

This Declaration of Standards is provided in an effort to offer guidance to pilots licensed by the Commission, as they develop individual plans to meet the Continuing Education requirement necessary for license renewal as established by Commission rules.

CE Units

One CE unit is equal to one hour towards the minimum requirement for Continuing Education.

Acceptable Courses

Those courses, which are relevant to maritime safety and are not required to meet other license renewal criteria. Examples of courses include, but are not limited to, Bridge Team Management, Personal Safety and Social Responsibility, High Speed Ferry Bridge Team Operations, Survival Techniques and Survival Craft, Management of Environmental Hazards, etc., as well as time spent in simulators and on manned models. The Commission encourages courses that are preventative in nature.

Type “A” CE Units.

Institutional courses. Those classes which are taught by, or
through, an established educational institution will be granted CE units equal to the number of course hours as published in the institution’s course catalog, or equivalent publication, for that course.

Those classes which do not have a specified hour listing will be rated based on actual classroom and/or laboratory time, as established in writing, from the instructor of the course, or administrator of the program.

Type “B” CE Units.

Seminars, Conferences, and Forums. Attendance and/or
participation in seminars, conferences, and forums will be recognized for continuing education credit at one hour for every four hours of time actually spent engaged in the seminar, conference, or forum.

No more than 50% of the minimum continuing education requirement may be made up from Type B CE Units.

The Commission will consider other proposals for meeting continuing education requirements. However, to avoid misunderstanding, it is highly recommended that individuals proposing an alternative CE program obtain approval from the Commission prior to beginning the curriculum.

 

 

RULE 18.0     DOCKING MASTER LICENSE

 

Section 18.1 - Applicability, Scope and Route

 

(a)        License required:

 

(i)        No person shall engage in Docking Master duties nor operate as a docking master in Portland Harbor without a valid and current Docking Master 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. 

 

(b)       From and after January 30, 1996, in addition to all other requirements under this Rule, all Docking Master licenses issued by the Commission and persons licensed pursuant to this Rule are subject to the following:

 

            (i)        The license will be limited to docking, undocking, and transiting,

with a minimum of one tugboat attending, upon the waters of Portland Harbor, from Latitude 43 degrees - 38.4 minutes N, Longitude 70 degrees, 13.0 minutes W the current position of the PH Buoy (which location will remain the same regardless of any future position or removal of the PH Buoy) to the Rolling Mills, (the head of deep-water navigation) and all other internal waters of Casco Bay on which a license from this Commission is required on vessels of any gross tons, whether motor, steam or sail driven.

 

(ii)       The licenses shall not be limited in number, but shall be issued on an as needed basis.

 

(iii)      There shall be no change to the licenses held by current state license holders. They will continue to enjoy all the rights which they have previously held.

 

(iv)      The Docking Master's rates will be subject to the jurisdiction and review of the Commission.

 

(v)       When acting as a Docking Master under authority of his/her license from the Commission and in accordance with these rules, the Docking Master is also acting as a state pilot.

 

(vi)      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.

 

(vii)     A Docking Master, in his/her discretion, may be available for service to other than his/her own tow boat company.

(c)        The vessel or its authorized representative will, as customary, have            the option to obtain the services of tow boats and Docking Masters to assist it while maneuvering in Portland Harbor.  Certain vessels are required to use tow boats pursuant to the regulations of the United States Coast Guard.  If the services of a Docking Master are obtained, then the Docking Master must be licensed under these rules.

 

(d)       The Commission has no jurisdiction over tug boats.

 

Section 18.2  Docking Master License Requirements

 

(a)        Applications for a license and renewal of a license are available at the office of the Commission.  Every applicant for a Docking Master license must meet the requirements of this Section. 

 

(b)       Fees:

 

(i)        New applications:

 

Every new application to act as a Docking Master 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 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 determined by the latest United States Coast Guard’s Physical and Drug Testing Requirement.

(e)        Current licenses, endorsements and qualifications required:

 

            United States Coast Guard license requirements:

 

(i)        First Class Pilot of unlimited tonnage of steam or motor vessels upon the waters for which application is made;

 

(ii)       1600 ton Master’s license for steam and motor vessels for inland waters; and

 

(iii)      Valid Radar Observer (Unlimited) Endorsement on USCG license.

                       

            (f)        Previous experience required:

 

(i)             At least five years as a master of tugs, or inspected vessels of at least two hundred (200) gross tons, three (3) years of which must include docking or harbor work as a tug master. 

 

            (ii)       Within three (3) years immediately prior to the date of application for the license, a combination of observation and conduct[7] 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 conduct7 of vessel movements and dockings shall all be done under the tutelage of a licensed Docking Master.

 

                                    b.         The applicant must conduct7, 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. The applicant must conduct at least twenty five to fifty successful dockings at night or under restricted visibility conditions.

 

                                    c.         A minimum of fifty percent (50%) of the required conduct7 of vessel movements must be made in conventional, self-propelled ships having a minimum dead weight tonnage of thirty thousand (30,000) tons.  Tugs and barges or a combination of them may not be used to meet this requirement. 

 

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

(g)        Training required:

 

(i)        Certification in:

 

            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 (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)      Waiver by Commission

 

The Commission may, in its discretion, waive certain of the requirements of this Section both in regard to Apprentices as well as to Docking Masters 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 Section, substantially equivalent experience.

 

(i)        Conditions on license.

 

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

 

Section 18.3- Apprenticeship Program

 

(a)        From and after November 28th, 2003, candidates for a Docking Master’s license who do not meet all the requirements of §18.2(d)-(g) above will be required to obtain an Apprenticeship certificate and complete an Apprenticeship program in accordance with the requirements set forth below.

 

(b)       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 that form has been approved by the Commission and is available in the office of the Harbor Master;

 

(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 program and application for a license.

 

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

 

            United States Coast Guard license requirements:

 

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

b.         200 ton Master's license for steam and motor vessels for inland waters or equivalent;

c.         Valid Radar Observer Endorsement (unlimited) on USCG license;

 

(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’s license as determined by the United States Coast Guard’s Physical and Drug Testing Requirements;

 

(vi)      Written proof of at least five (5) years of previous experience as a master of tugs, or inspected vessels of at least two hundred (200) gross tons, three (3) years of which must include docking or harbor work as a tug master;

             

                        (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 Docking Master, duly licensed pursuant to the Section 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 or her own requirements for an Apprentice to remain eligible for his or 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 subject him/her to disciplinary action as authorized by Section18.9.

 

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

 

(c)        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.

 

(d)       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 provide evidence of completion of the following courses, training or certifications, that 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 also be required to obtain the experience required for candidates for Docking Master in Section 18.2(f), except that an Apprentice may not conduct vessel movements until the Apprentice has observed a minimum of twenty-five (25) dockings under Section 18.2(f) (ii). 

 

                                                            (e)        Certification of Progress

 

                                                (i)        The Supervisory Training Officer will file written reports with the Commission every six (6) months while the Apprenticeship program is in effect, describing the candidate’s progress, courses completed, nature and extent of practical experience, the Training Officer’s estimate of the applicant’s progress and ability and such other information as the Commission deems relevant.

 

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

 

            (f)        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 18.3(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; and

 

(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 18.4- Duration and Renewal

 

            (a)        The duration of the Docking Master 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§ 18.2(d);

 

                        (ii)       Submit a completed application and pay the fee required in                                                              Section 18.2(b) (ii);

 

(iii)      Provide evidence he or she currently has all licenses and endorsements required in Sec. 18(2) (e) above;

 

(iv)      Except as provided in paragraph (v) below, in the year immediately preceding the request for renewal, conduct twenty (20) vessel movements in Portland Harbor for which a Docking Master’s License is required, all of which movements must be on vessels of a minimum 30,000 dead weight tonnage other than tugs and barges, five of which movements must be at night or under restricted visibility conditions and five of which movements must be through the Casco Bay Bridge;

 

(v)       For a Docking Master whose license has been limited by the Commission to tugs and barges only:  in the year immediately preceding the request for renewal, conduct 20 barge movements in Portland Harbor for which a Docking Master’s License is required, five of which movements must be at night or under restricted visibility conditions and five of which movements must be through the Casco Bay Bridge; and

 

(vi)      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) or (b) (v) and (b) (vi) 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 18.2 (h), or may modify the requirements of this section             in the case of an applicant whose license contains conditions imposed pursuant to Section 18.2 (i) in order to ensure that the requirements are appropriate for that applicant.

 

Section 18.5- Requirement for Continuing Education

 

(a)        Effective January 1, 2004, Docking Masters, 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 Docking Master licenses as of January 1, 2004 will be required to complete eight (8) hours of continuing education units on the same terms as provided in paragraph (a) immediately above for each year remaining on their current license.  Any person issued a license, whether an initial license or renewal, after January 1, 2004, must meet the requirements of paragraph (a) immediately above.  CE units approved by the Commission in excess of those necessary to meet the requirements of this paragraph (b) may be carried over and credited to the units required under paragraph (a) for the immediately following renewal license only. 

 

Section 18.6 - Fees to be Charged by Docking Masters

 

(a)        The fees to be charged by Docking Masters shall be those ordered by the Commission following public notice and hearing, pursuant to the Act.

 

(b)       No Docking Master may demand or receive any greater or different compensation for docking or undocking a vessel upon the waters of Portland Harbor than that allowed by the Commissioners.

 

(c)        No master, agent, owner, charterer, or consignee shall charge a commission or receive any payment, directly or indirectly, for the assignment of Docking Master work, nor shall any Docking Master offer to pay to any person a commission for the assignment of Docking Master work.

 

Section 18.7 - Fees Payable to the Commission

 

Each State Branch Bar Pilot and Docking Master licensed by the Commission will contribute to create an administrative fund for the use of the Commission in the total amount of fifteen thousand dollars ($15,000.00). The contributions will be assessed pro rata, based upon the number of round-trip vessel movements in a year.

           

Section 18.8 -  Safety of Docking Master or Apprentice

 

(a)        Boarding Safety: 

 

A Docking Master shall have no duty to board or leave a vessel unless the vessel maintains the speed required by the pilot boat operator and there exists a suitable lee and ladder conforming to the current International Maritime Organization (IMO) Standards for pilot ladder safety.  The ladder shall be in good condition, properly placed, secured and illuminated to enable the docking master to board and leave the vessel safely.

 

(b)       Illness or Injury to Docking Master or Apprentice: 

 

Any Docking Master or Apprentice who suffers illness or injury, causing him/her to be unable, or reasonably likely to be unable, to perform his/her duty for a period twenty (20) calendar days or more shall notify the Harbor Master as soon as reasonably practicable after the date of injury or onset of illness.  He/she shall further notify the Harbor Master in regard to the date when he/she expects to be able to resume duty.

 

If the Docking Master or Apprentice is under the care of a doctor(s), then prior to returning to work, he/she must provide a written report to the Commission from the treating doctor(s), stating that the Docking Master or Apprentice is fit to return to work. If the Docking Master or Apprentice is not under the care of a doctor(s), then he/she must provide a written statement to the Commission attesting to his/her fitness to return to work.  The Commission reserves the right to require the Docking Master or Apprentice to obtain a doctor's report, at his/her own cost, attesting to his/her fitness to return to work.  The doctor must have experience in the particular discipline related to the particular illness or injury.

 

Section 18.9- Denial of License or Apprenticeship Certificate; Disciplinary Action

 

(a)        Following notice and hearing, the Commission may deny, revoke or suspend any Docking Master or Apprentice for cause for any period which it deems proper.

(b)       A license or Apprenticeship Certificate may be denied, suspended or revoked upon a determination of the existence of one (1) or more of the following grounds:

 

(i)        that such person has disobeyed or violated any of the provisions of this rule, of Rule 5 of the Act, of any rule established by the Commission, or any state or federal law or regulation applicable to that person’s duties as a Docking Master or Apprentice;

(ii)       that such person has negligently lost or damaged any vessel under his/her care or damaged any public or private property while operating a vessel as a Docking Master or Apprentice;

(iii)      that such person is habitually intemperate in the use of alcohol, uses narcotic or hypnotic or other substances as to be unfit to be entrusted with the charge of a vessel;

(iv)      that such person is mentally or physically incapable of carrying out the duties of a Docking Master or Apprentice;

(v)       that such person failed to report a reportable incident as provided in Section18.15;

 

(vi)      that any of such person’s licenses and endorsements and certifications required in §§18.2(e) and (g) above have been suspended, revoked or lapsed;

 

(vii)     that such person has been convicted of any state or federal criminal violation the penalty for which includes incarceration for a period of one (1) year or more; or

 

(viii)    that such person provided false information in regard to any matters hereunder.

 

(c)        In addition to the foregoing, there shall be a rebuttable presumption that a Docking Master or Apprentice is not fit to perform his/her duties if he/she has been involved in three  (3) or more reportable incidents, as provided in Section18.15 below, within any twelve (12) month period.  Such presumption may be rebutted by medical evidence acceptable to the Commission of fitness to perform his/her duties, by evidence that all such incidents were caused by circumstances beyond the control of the licensee or Apprentice, and/or by any other evidence deemed by the Commission to be relevant to the issue of licensee’s or Apprentice’s fitness to perform his/her duties.

 

(d)       In addition to, or alternative to suspension or revocation of a license, the Commission may require the licensee to:

 

(i)        be examined by a health care professional acceptable to the Commission to determine the licensee’s fitness for duty and provide a report attesting to such fitness prior to any return to duty;

 

(ii)       attend additional training relevant to the duties of a Docking Master which training is acceptable to the Commission; and/or

 

(iii)      impose any penalty provided in Section 7.0.

 

Section 18.10 - Notice of Hearing on Complaint

 

Before any Docking Master or Apprentice may be prosecuted upon any complaint or be denied a license or certificate, he/she will be notified, in writing, to appear before the Commission. The notice will specify the nature and substance of the complaint or grounds for denial, and will be served personally or by certified mail, addressed to the Docking Master or Apprentice at his/her last and usual place of abode, at least fifteen (15) days before the time fixed in the notice for his/her appearance.

 

Section 18.11 - Suspension or Revocation

 

A Docking Master or Apprentice whose license or certificate has been revoked or suspended shall surrender his/her license to the Commission which shall retain it until the period of suspension has expired. Any suspended Docking Master or Apprentice who refuses to surrender his/her license on demand or continues to act as Docking Master may be subject to the penalties provided in 7.0.

 

Section 18.12 - Reinstatement Following Suspension

 

Any Docking Master or Apprentice whose license or certificate has been suspended, following the expiration of the period of suspension, will be entitled to the reinstatement of his/her license or certificate, provided he/she possesses the qualifications required of Docking Master at the time his/her license suspension terminates, or in the case of suspension of an Apprenticeship certificate, that the Apprentice meets all the requirements in Section18.3 for entry into the Apprenticeship program prior to reinstatement of the Apprenticeship certificate.

 

 

Section 18.13 - Lapsed Licenses

 

A Docking Master, heretofore licensed by the Commission, whose license has lapsed for any reason, may be reinstated upon compliance with all the requirements of this rule regarding application for an initial license, unless the Commission waives a specific requirement pursuant to Section18.2 (h).

 

Section 18.14 - Records of Docking Masters

 

All relevant records prepared by or relating to a Docking Master will be made available to the Commission upon request of the Commission.

 

Section 18.15 - Reportable Incidents Leading to Investigation by the Harbor Master or his Assignee

 

(a)        The Commission will consider recommendations from the Harbor Master in regard to investigations of incidents resulting in investigations and/or public hearing.

(b)       Immediately after addressing the resultant safety concerns of the vessels, personnel, public or private property involved, the licensed Docking Master in charge will notify the Harbor Master of any accident or incident occurring while exercising his privilege as a licensed Docking Master which involves:

 

(i)        A collision with any vessel not made fast to or assisting with the maneuvering of the subject vessel;

 

(ii)       Grounding of subject vessel;

 

(iii)      An allision with a bridge;

 

(iv)      An accident or incident occurring as a direct result of the actions of the Docking Master resulting in death or personal injury, requiring medical treatment beyond first aid and removal from the vessel for treatment, of any personnel involved or;

 

(v)       Damage to any public or private property resulting in property damage estimated in good faith by the Docking Master to be in excess of twenty five-thousand dollars ($25,000). In such case, the Docking Master shall notify the Harbor Master of the incident as soon as reasonably practicable, but in no case more than twenty-four (24) hours after the incident.

 

(c)        The Harbor Master or an investigator assigned by the Harbor Master will conduct an investigation of the accident or incident and notify the Commission Chairperson of the progress of such investigation without disclosing any detail of the investigation or any finding thereof. Upon completion of the investigation the Harbor Master will request a preliminary meeting, without public comment, of the Commissioners which will determine further action to be taken by the Board regarding the accident or incident.

 

(d)           To the extent permitted by law, official records of the United States Coast Guard may be used to show that an incident occurred, the vessel involved and the time and date of the incident, but for no other purpose.

 

Section 18.16 - Appeals from Commission Ruling

 

Any person aggrieved by any final order or decision of the Commission with respect to any disciplinary action or any application for, or denial of, a Docking Master's license may appeal to the Superior Court in accordance with Rule 80B of the Maine Rules of Civil Procedure.

 

Section 18.17 – Liability

 

A Docking Master providing docking master services is not liable for more than $5,000 in damages or loss caused by any negligent act or omission in the performance of docking master services.  This limitation of liability does not apply to damages or loss arising from the intentional, willful or reckless misconduct of a Docking Master providing docking master services.

 

Nothing in this section may be construed to exempt an owner or operator of a vessel from liability for damage or loss caused by that vessel.

RULE 19.0     ALCOHOL and DRUG TESTING PROCEDURES

 

(a)        It is the intent of this policy to assure compliance with Federal and State laws and regulations regarding drug and alcohol testing of all persons licensed or employed by the Commission to operate or to provide service to vessels in the Harbor of Portland.

 

(b)       The Commission has a strong commitment to the health, safety and welfare of all persons working, traveling or recreating in or near the Harbor.  Therefore, the Commission seeks to license persons who are free from illegal drugs and the abuse of drugs or alcohol, and to protect pilots and the public from the adverse effects of alcohol and drug abuse.  The Commission also seeks to protect the reputations of its licensees and employees against unfounded allegations of substance abuse. 

 

The Commission will require all applicants for licenses to undergo alcohol and drug tests to detect the presence of alcohol and drug abuse substances in the body.  Any applicant with a positive pre-license test may be denied a license by the Commission for that reason.

 

(c)        Studies indicate that the use and misuse of alcohol or drugs, whether prescribed or illegal, impairs the ability of a person to perform assigned duties, particularly those involved in safety sensitive operations, and may endanger the licensee, co-workers, the public, as well as public and private property.  The Commission seeks to prevent licensees from using alcohol and drugs, when the use of such is illegal or may in any way endanger the public. 

 

Section 19.1 - Drug and Alcohol Testing

 

(a)        All applicants for licenses will be required to pass a drug and alcohol test as a prerequisite to being granted a license.

 

(b)       Licensees shall remain free from the abuse of alcohol and controlled substances.  A licensee may be tested at any time, while on duty, or immediately before or after being on-duty, based on the following:

 

(i)        Reasonable suspicion that the licensees (see definition of “reasonable suspicion") has unlawfully used illicit drugs and/or abused controlled substances; or

 

(ii)       Has reported for work under the influence of or has illicitly ingested controlled substances or alcohol during work hours; or

 

(iii)      Following involvement in an accident, as defined in section 19.4(j) below; or

 

(iv)      As a result of a random selection equivalent to those authorized in §19.3; or

(v)       Returning to duty following a confirmed positive test. (See Sections 19.4(k) and 19.4(l))

 

Section 19.2 - Enforcement of Policy

 

It is the responsibility of the Commission to administer and enforce this policy and the procedures as outlined.  An application submitted to the Commission for a position as a "pilot" under this policy will not be deemed to be final until such time as an alcohol and drug test evaluation has been received and accepted by the Commission. 

 

Any applicant for a license issued by the Commission shall submit the results of drug and alcohol tests as a prerequisite for the issuance of a license.

 

Any offer of employment by the Commission shall not be deemed to be final nor may a prospective employee accept such an offer until such time as a drug test evaluation of the prospective employee has been received and accepted by the Commission. Drug testing of employees will be conducted in accordance with the procedures established in the Commission's Personnel Manual. A candidate for employment may not operate any Commission vessel prior to such testing and its acceptance by the Commission.

 

The Commission will contract for specimen collection, medical review and testing.  It is the responsibility of the Commission to see that employees and licensees have notice of, and is familiar with, these drug and alcohol policies and procedures.  

 

Section 19.3 - Definitions

 

(a)        Alcohol and Drug Test - A generally accepted and proven test methodology or methodologies provided in the Rules and Regulations under Federal Transit Administration, DOT, Prevention of Prohibited Drug Use in Transit Operations,  49 CFR, Part 653, as amended; Federal Highway Administration, DOT, Controlled Substances and Alcohol Use and Testing, 49 CFR, Part 382, as amended; and Office of the Secretary of Transportation, Procedures for Transportation Workplace Drug Testing Programs, 49 CFR, Part 40, as amended.  These test methods determine whether an individual has ingested or otherwise used the substance in question within a period of time before the test.

 

(b)       Breath Alcohol Technician (BAT) - A person who is professionally trained and certified in the use of an evidential breath testing device (EBT).

 

(c)        Applicant - A person who has applied to the Commission for a pilot's license, including current pilots applying for re-licensing.

 

(d)       Medical Review Officer (MRO) - A physician responsible for reviewing all test results for confirmation prior to communicating same to the Commission.  The MRO must protect the confidentiality of the individual involved.

(e)        NIDA - The National Institute on Drug Abuse (also known as Substance Abuse and Mental Health Services Administration, or SAMHSA), or other successor agency.

 

(f)        Pilot - Any person licensed by the Commissioners, including State licensed bar pilots,  State licensed docking masters, and Commissioner staff who operate any of its patrol vessels.

 

(g)        Positive Test - Alcohol and Drug tests results that meet or exceed the standards outlined under Coast Guard, DOT Marine Casualties and Investigation, 49 CFR, or its successor.

 

(h)       Random Testing - A scientific method used to select pilots for testing at random.  This method will be performed throughout the year, and will involve the annual testing of a minimum of 50% for drugs and 25% for alcohol of a pool that includes all pilots, as that term is defined in this policy, with the individuals tested being selected at random.  The minimum percentage to be tested may decrease in subsequent years based upon the number of confirmed positive test results.

 

(i)        Reasonable suspicion - A belief, based on specific facts and reasonable inferences drawn from those facts, that a licensee or employee is under the influence of drugs or alcohol to the extent that either job performance may be impaired or the ability to perform the job safely may be reduced.  Circumstances which constitute a basis for determining "reasonable suspicion" may include, but are not limited to:

 

(i)        A pattern of abnormal or erratic behavior;

 

(ii)       Information provided by a reliable and credible source, and confirmed by a second reliable and credible source;

 

(iii)      Direct observation of drug or alcohol use;

 

(iv)      Presence of the physical symptoms of drug or alcohol use (i.e., glassy or bloodshot eyes, alcohol odor on breath, slurred speech, poor coordination and/or reflexes).

 

(j)        Substance Abuse - The use of alcohol, prescription or over the counter drugs, any of which impairs the ability of a pilot to perform the job safely and effectively, or the use of illegal drugs or other controlled substances without a valid prescription.

 

Section 19.4 - Testing Procedures

 

(a)        Drugs to be tested for:

 

When chemical drug and alcohol screening is required under the provisions of this policy, a breath test and/or urinalysis test will be given to detect the presence of the following drug groups:

 

(i)        Alcohol (ethyl)

 

(ii)       Amphetamines

 

(iii)      Cocaine

 

(iv)      Opiates

 

(v)       Phencyclidine (PCP)

 

(vi)      THC (Marijuana)

 

(vii)     Other substances as required by applicable federal or state law

 

(b)       Testing Techniques:

 

(i)        Drug Testing:  Drug testing will be accomplished by analyzing the licensee's or employee's urine specimen (urinalysis).  Specimens will be collected at an off-site facility selected by the Board.  The testing facility must assure that specimen collection be done in a dignified, professional and confidential manner.  Once the licensee or employee has provided a urine specimen, it will be sealed and labeled by a certified/authorized agent of the testing facility.  A chain of custody document will be completed in the presence of the licensee or employee, and the specimen will be shipped to a Substance Abuse and Mental Health Services Administration certified laboratory.

 

All urinalysis procedures are required to include split-specimen techniques.  Each urine sample will be sub-divided into two containers and labeled as primary and split specimens.  Both specimens will be forwarded to the laboratory.  Only the primary specimen will be used in the urinalysis.  In the event of a confirmed positive test result, the split specimen may be used for a second confirmation test, if requested by the licensee or employee.

 

During testing an initial screening test will be performed.  If the test should be positive for one or more drugs, a confirmation test will be performed for each individual drug using gas chromatography/mass spectrometry (GC/MS) analysis.  That test will ensure that over the counter medications are not reported as positive results.

 

If the analysis of the primary specimen should result in a confirmed positive test, the licensee or employee may, within 72 hours, request that the split specimen also be tested at the Substance Abuse and Mental Health Services Administration laboratory of his choice.  The second test will be at the licensee's or employee's own expense, unless the test results are negative in which case the Board will reimburse the licensee or employee

 

All test results will be reviewed by a Medical Review Officer (MRO) prior to their being reported to the Commission.  In the event of a positive test result, the MRO will first contact the licensee or employee via telephone and conduct an interview to determine if there are any alternative legitimate reasons for the positive result (such as over-the-counter or prescription medications).  If the MRO determines there is a legitimate medical explanation for the presence of drugs, the result will be reported as negative.

 

(ii)       Alcohol Testing:  Alcohol testing will be conducted using an evidential breath testing (EBT) device.  The test breath must be performed by a certified Breath Alcohol Technician (BAT) trained in the use of the EBT and alcohol testing procedures.  Post-accident tests conducted by law enforcement personnel will be acceptable.

 

Two (2) breath tests will be required to determine if an individual is over the alcohol concentration limit permitted.  Any result of less than 0.02 concentrations will be considered a negative result.  Any result of greater that 0.02 will require a confirmatory test.  A confirmed test of 0.04 or greater will be considered to be a positive result.

 

(c)        Applicant Testing:  General Standard

 

Applicants for licenses will be required to undergo a chemical drug and alcohol test before being licensed.

 

(d)       Current Licensee Testing:  General Standard

 

(i)        The Commission may require a licensee to undergo drug and alcohol testing if there is reasonable suspicion by the Commission that the licensee is under the influence of drugs or alcohol during work hours.

 

(ii)       The Commission will be required to document the specific facts, symptoms, or observations which formed the basis that reasonable suspicion either existed or did not exist in order to warrant the testing of the licensee. 

 

(iii)      The Commission will require a licensee to undergo post-accident drug and alcohol testing, if the licensee should be involved in a work-related, serious marine incident, as that term is defined in Coast Guard, DOT Marine Casualties and Investigations, 46 CFR Part 4, as amended, and applied by the United States Coast Guard or successor regulation or agency.

 

(iv)      All current and future licensees will be subject to Random Testing.

 

(v)       Licensees who have had a confirmed positive test will be subject to re-testing at the time they return to work.  After returning to work, they will be subject to follow-up testing, without notice, for up to 60 months.

 

(e)        Prior Notice of Testing Policy

 

The Commission will provide written notice of its drug and alcohol testing policy to all licensees and employees who are subject to the policy and all applicants.  The notice will contain the following information:

 

(i)        The need for drug and alcohol testing;

 

(ii)       The circumstances under which testing may be required;

 

(iii)      The procedure for confirming an initial positive drug test result;

 

(iv)      The consequences of a confirmed positive test result and the appeal procedures available;

 

(v)       The consequences of refusing to undergo a drug and alcohol test;

 

(vi)      The right to explain a positive test result and the appeal procedures available; and;

 

(vii)     The availability of drug abuse counseling and referral services.

 

(f)        Notice and Consent

 

Before a drug and alcohol test may be administered, applicants, licensees and employees will be asked to sign a consent form authorizing the test and permitting the release of test results to the Commission.  The chemical screen consent form will provide space to indicate current or recent use of prescription and over-the-counter medication.

 

(g)        Applicant Testing

 

Before the Commission may grant a license, the applicant must show proof of a negative drug test and a negative alcohol screening test.

 

(h)       Reasonable Suspicion Testing

 

Any Commission member, employee, or pilot, who receives information, generating a reasonable suspicion of substance abuse by an applicant, licensee or employee, shall order testing in accordance with these rules and report the results to the United States Coast Guard.  In the event the United States Coast Guard should perform reasonable suspicion testing of any applicant, licensee or employee required to comply with this Policy, the applicant, licensee or employee will cause the results of the test to be provided to the MRO who, after confirmation, will forward them to the Commission.

 

(i)        Random Testing

 

(i)        Random testing will be performed quarterly or more frequently throughout the year, and initially will involve testing a minimum of 50% for drugs and 25% for alcohol per year of a pool that includes all licensees.  The licensees tested will be selected at random and the tests shall be unannounced. Random testing of licensees will be conducted only during the on-duty hours of the licensee being tested or the period immediately before or after the licensee has been on-duty.

 

(ii)       Every licensee will provide the Harbor Master both with a work schedule and also with the name and fax number of the person authorized by him to accept service of the notice to report for testing on his behalf.  Service of the notice will be deemed to be completed when the Harbor Master has faxed it to the person so designated.

 

(iii)      It will be the duty of every licensee to ensure that both the work schedule as well as the name and fax number of the person authorized to accept service provided to the Harbor Master are current.  Failure to keep such information current will be a violation of these Rules and may subject the offender to the penalties provided in § 17.13 or § 18.12, whichever is appropriate.

 

(iv)      HEALTHSOUTH will advise the Harbor Master of the identity of the licensee selected for a random test and the Harbor Master, relying on the information required by sub§ (b) above, will fax notice of that selection to the person designated by the licensee to accept such notice on his behalf.

 

(v)       The licensee or the person designated by him to receive such notice will promptly acknowledge receipt of the notification; and, at the same time, advise the Harbor Master of the time at which the licensee will report to HEALTHSOUTH.

 

(vi)      The Harbor Master will advise HEALTHSOUTH of the time the licensee will report for testing. HEALTHSOUTH will arrange for appropriate staffing, if the test will take place outside of its normal business hours.

 

(vii)     HEALTHSOUTH will advise the Harbor Master either that the licensee has appeared and submitted to the test or that he failed to appear.

 

(viii)    Test results will be reported to the Commission.

 

(j)        Post-Accident Testing

 

Post-accident drug and alcohol testing will be conducted on any licensee or employee involved in a work-related, serious marine incident, as that term is defined in Coast Guard, DOT Marine Casualties and Investigations, 46 CFR Part 4, as amended and applied by the United States Coast Guard.  In the event the United States Coast Guard should perform post-accident testing of any licensee or employee required to comply with this Policy, the licensee or employee will cause the results of the test be provided to the MRO, who, after confirmation, will forward them to the Commission. A police officer from the City of Portland or South Portland may perform the test and provide the results to the MRO, who, after confirmation, will forward them to the Commission.

 

(k)       Return-To-Duty Testing

 

Any licensee or employee, returning to duty following a confirmed positive test, will be subjected to a return-to-duty test, following the same guidelines described in section 19.4(f).  The test must show a verified negative result prior to the licensee or employee returning to duty.

 

(l)        Follow-Up Testing

 

A licensee or employee, returning to work following a confirmed positive test, will be subject to unannounced follow-up testing for a period of not less than 12 months and not more than 60 months.  A mandatory minimum of six (6) tests any time during the first twelve (12) months will be required.  Licensees or employees subject to follow-up testing will also remain in the random pool.

 

Follow-up tests may be used to determine whether or not drugs or alcohol are still being used.

 

(m)      Refusal to Consent:  Applicants

 

An applicant who refuses to consent to a drug and alcohol screening test will be denied a license.

 

(n)       Refusal to Consent:  Licensees

 

A licensee who refuses to consent to a drug and alcohol screening test, when selected for random testing or when reasonable suspicion of drug and alcohol use has been identified, will be subject to license suspension or revocation.  The reason(s) for the refusal will be considered in determining appropriate disciplinary action.

 

(o)       Confirmation of Chemical Test Results

 

A licensee or applicant whose drug test yields a positive result, confirmed by the MRO, will be given a second test.  The second test will use a portion of the same test sample withdrawn from the licensee for use in the first test.

 

If the second test confirms the positive test result, the licensee or applicant will be notified of the results by the MRO, who will offer the licensee or applicant an opportunity to discuss the results.  The MRO will then notify the Commission of the results in writing.  The letter of notification will identify the particular substance found and its concentration level.

 

(p)       Consequences of a Confirmed Positive Test Result

 

Applicants for License:  Applicants will be denied licenses if their initial positive test results are confirmed. 

 

Licensees:  If a licensee's positive test result has been confirmed, the Commission shall suspend or revoke his/her license.

 

Applicants for Employment: Applicants for employment will not be hired if their initial positive tests results are confirmed.

 

(q)       Confidentiality of Test Results

 

(i)        All information relating to a licensee's or applicant's drug and alcohol test will be strictly confidential.  Disclosure of test results to any other person, agency or organization is prohibited, unless written authorization is obtained from the licensee or applicant or unless disclosure is required by a superseding law or in accordance with the exceptions listed in 19.4(q)(ii) below.  The results of a positive drug test will not be released by the MRO to the Commission until confirmed.  The records of unconfirmed positive test results and negative test results will be destroyed by the testing laboratory.  All positive test results will be maintained by the MRO, and reported to the Commission where they will be kept on file.

(ii)       Exceptions to these confidentiality provisions are limited to a decision maker in arbitration, litigation, or administrative proceedings which arise either from positive drug or alcohol tests or other violation of these rules.

 

(r)        Privacy in Chemical Testing

 

Urine samples will be taken in a private rest room stall or similar enclosure, so that licensees may not be viewed while providing the sample.  Street clothes, bags, briefcases, purses, and other containers may not be carried into the test area.  The water in the commode, if any, will be colored with dye to protect against dilution of test samples. An applicant or licensee may waive the right to privacy and provide the urine sample in the presence of a witness (of the same gender), and not be required to disrobe and wear a hospital gown.

 

(s)        Laboratory Testing Requirements

 

All chemical drug and alcohol testing of licensees and applicants will be conducted at medical facilities or laboratories selected by the Commission, pursuant to this Rule, except that breath tests for alcohol, performed by a South Portland or Portland police officer, may be conducted at a police station.  To be considered as a testing site, a medical facility or lab must submit a description of the procedures that will be used to maintain test samples in writing.  Factors to be considered by the Commission in selecting a testing facility include, in addition to NIDA (Substance Abuse and Mental Health Services Administration) certification:

 

(i)        Testing procedures which ensure privacy to licensees and applicants consistently with the prevention of tampering;

 

(ii)       Methods of analysis which ensure reliable test results, including the use of gas chromatography/mass spectrometry to confirm positive test results;

 

(iii)      Chain-of-custody procedures which ensure proper identification, labeling and handling of test samples; and

 

(iv)      Retention and storage procedures which ensure reliable results on confirmatory tests of original samples.

 

(t)        Second Confirmation Test

 

(i)             The licensee and applicant may request a second confirmation test of the same sample from the MRO within 72 hours of notice that the first test was positive.

 

(ii)       The cost of the second confirmation test must be paid in advance by the licensee or applicant.  If the test should be negative, the Board will reimburse the licensee or applicant for the cost of the test.

 

(iii)      The second confirmation test will be performed by a NIDA (SAMHSA) certified laboratory selected by the licensee or applicant.

 

Section 19.5 - Consent Form

 

            COMMISSIONERS FOR THE HARBOR OF PORTLAND

            Breath Test &/or Urinalysis Consent Form

 

The Commissioners for the Harbor of Portland ("Commission") have a strong commitment to the health, safety and welfare of all persons in or near the Harbor.  Use and misuse of alcohol or drugs, whether prescribed or illegal, impairs the ability of a person to perform necessary and essential duties related to the operation of vessels, and may endanger licensees, co-workers, the public, as well as public and private property.  The Commission seeks to prevent persons from using alcohol and drugs when the use of such is illegal or may in any way endanger the public.  The Commission also seeks to protect the reputations of its licensees and employees from unfounded allegations of substance abuse. 

The Commission may require an applicant, licensee or employee to undergo drug and alcohol testing, consisting of:  random testing, post-accident testing, reasonable suspicion testing, and follow-up testing.  Refusal to be tested may subject an applicant to denial, a licensee to suspension or revocation and an employee to suspension or termination.

 

I CONSENT TO BREATH TESTS AND URINE SAMPLE COLLECTION AND TESTING FOR ALCOHOL AND CONTROLLED SUBSTANCES.

I UNDERSTAND THAT A POSITIVE TEST RESULT WILL RENDER ME UNQUALIFIED TO OPERATE A VESSEL IN THE HARBOR AND MAY RESULT IN DENIAL OF MY APPLICATION, SUSPENSION OR REVOCATION OF MY LICENSE OR SUSPENSION OR TERMINATION OF MY EMPLOYMENT.

THE MEDICAL REVIEW OFFICER UNDER CONTRACT TO THE BOARD WILL MAINTAIN THE RESULTS OF MY TEST.  NEGATIVE AND POSITIVE RESULTS WILL BE REPORTED TO THE COMMISSION.  IF THE RESULTS ARE POSITIVE, THE CONTROLLED SUBSTANCE WILL BE IDENTIFIED.  THE RESULTS WILL NOT BE RELEASED TO OTHER PARTIES WITHOUT MY WRITTEN CONSENT. I UNDERSTAND THE ABOVE CONDITIONS AND HEREBY AGREE TO COMPLY WITH THEM.

 

Test(s) to be administered (check appropriate test(s)):

 

___ Urinalysis for drug use                                        ___ Breath test for alcohol use

_______________________________                      _____________________

Name (please print)                                                                                             Date

_______________________________                      _____________________

Signature                                                                                                               Social security number

 

 

 RULE 20       DUTIES OF EMPLOYEES OF THE BOARD OF HARBOR COMMISSIONERS

 

Section 20.1 - Duties of the Harbor Master

 

In addition to the duties prescribed by 38 M.R.S.A. §1 et seq., as amended, and P. & S.L. 1981, c. 98 §7, the Harbor Master shall perform the following duties, including but not limited to:

 

(a)        Harbor and Shore Patrols

 

(b)       Marine Construction Permits and Licensing of Bar Pilots and Docking Masters

 

(c)        Moorings

 

(d)       Administrative

 

(e)        Facility and Asset Maintenance

 

(f)            Supervise Board Employees

 

(g)            Harbor Management

 

(h)           Public Safety Responsibilities

 

(i)             Other Tasks as Assigned by the Board

 

 

RULE 21.0     MOORING REGULATIONS

 

Section 21.1 - Definitions

 

Words not defined in this section have the meanings assigned to them in P. & S.L. 1981, c. 98, §1.

 

 “VESSEL” means boats of all kinds, ships, barges, sailing vessels, water crafts and powerboats of any type or kind with any means of propulsion.

 

“ANCHORAGE AREA” means any area designated on the chart and/or used for the purpose of anchoring and mooring vessels, or any area not so designated but used for such purposes.

 

“DISTURBING WAKE” means the disturbing water or waves that a vessel leaves behind while underway which could cause injury or damage to another person or vessel due to excessive rocking.

 

“PERMIT DECAL” means the 3" x 3" sticker issued on a yearly basis by the Harbor Master.

 

“TRANSIENT MOORING” means a mooring used on a temporary basis by a visiting boat and maintained by yacht clubs or mooring rental companies.

 

"BRIDGE" means the Casco Bay Bridge.

 

"MOORING" means all methods of securing a vessel to a particular location, except as provided herein.  Temporarily securing a vessel for a period of two weeks or less in any thirty day period by use of the vessel's anchor does not constitute a mooring.  Securing a vessel by means of tying it to a wharf, float, dock or pier also does not constitute a mooring.

 

"RESIDENT" means and includes persons who are legal residents of either the City of Portland or the City of South Portland.  A person who is not a legal resident but who owns real estate in either city will be treated as a resident for the purposes of this section.

 

"QUALIFIED MOORING INSPECTOR" means an individual or company who, to the satisfaction of the Harbor Master, is qualified to inspect mooring tackle as to condition and size. Qualifications of the individual or company selected  shall be reviewed and evaluated  according to previous experience in the installation and inspection of moorings; familiarity with mooring tackle, including the size and type of mooring tackle that is needed for the safe mooring of given sizes of vessels; and familiarity with the mooring regulations established by  the Harbor Commission. To be considered for appointment as a mooring inspector, an applicant must furnish proof of liability insurance to the satisfaction of the Harbor Commission, but shall be not less than one million dollars. Once appointed, a qualified mooring inspector must maintain said liability insurance and provide proof annually to the Harbor Master.

Section 21.2 - Permit Required

 

(a)        No one may place a mooring within Portland Harbor without a permit from the Harbor Master.

 

(b)       Mooring permits shall be valid for one calendar year and will expire on December 31st of each year.

 

(c)            Applications for new mooring permits shall follow the procedures set forth in Section 21.3 of this Rule for the mooring permit wait list.

 

(d)           Renewal applications for existing mooring permits shall be filed with the Harbor Master on or before March 15th of the year for which the permit is sought.

 

(i)             Renewal applications received or postmarked after March 15th will be assessed a late fee.

 

(ii)       Mooring permits not renewed by May 15th will be considered illegal and will be removed at the owner's expense and shall be delivered to the possession of the Harbor Master until claimed by the proper owner or disposed of according to Section 21.14 of this Rule.

 

(e)        The renewal application shall identify the name and address of the owner of the mooring; the date of the last inspection of the mooring and the results of such inspection; the location of the mooring; the name, size, draft and kind of vessel to be moored; and such other information as the Harbor Master may deem appropriate.          

 

(f)        Mooring permits may not be assigned or transferred. Only the Harbor Master may authorize in writing the temporary use of a mooring by another boat upon application by the permit holder. Yacht club commodores may assign guest vessels to guest moorings or moorings of their respective club members upon permission from the mooring owner.

 

(g)        Mooring of vessels over 50 feet in length may be assigned in the discretion of the Harbor Master to non-congested areas.

 

(h)       When the Harbor Master determines that no more vessels can be safely moored in a particular area, he/she will place the applicant's name on a waiting list and recognize a priority based upon the date of application and in accordance with the order of priority set forth in Section 21.6 of this Rule.

 

(i)             Any vessel which is less than fourteen feet in length may be out-hauled without the requirement of a permit, provided the outhaul does not hinder navigation.

(j)             Any vessel on a registered mooring will be required to display the appropriate mooring permit decal, which will be issued each year at the time of registration. The mooring permit decal will be displayed on the vessels port side, just aft of the vessels state registration numbers or as close as possible.

 

(k)           The sale of a vessel does not include the sale of the mooring location. The mooring permit holder must notify the Harbor Master immediately upon the sale of their vessel.

 

(l)             No mooring shall be moved without first obtaining permission from the Harbor Master.

 

(m)          No mooring permit will be issued until all fees are paid in full and proof of inspection is provided.

 

(n)           Mooring permit holders must notify the Harbor Master immediately upon any change in information provided on the mooring permit application and when no longer desired, must cancel their permit prior to March 15th to avoid being billed for that season.

 

Section 21.3 – Mooring Permit Waiting List Procedures

 

(a)        All persons wanting to moor a vessel in Portland Harbor waters must complete a “Mooring Permit Application” available at the Harbor Master’s office, and pay a non refundable fee of fifty dollars ($50.00) to be submitted with the completed application. If a mooring is issued within the season that the application is submitted, this fee will be applied to the mooring permit fee.

 

(j)             Following receipt of the completed application and fee, the Harbor        Master shall place the applicant’s name on the MOORING WAITING LIST. This list shall be maintained in chronological order by date of receipt of each application for a mooring.   Moorings will be assigned according to the date the application is received and the order of priority set forth in Section 21.6 of this Rule.

 

(c)        Each person who has applied for a mooring in Portland Harbor waters and whose name has been placed on the MOORING WAITING LIST must reaffirm his or her application for a mooring by March 15th of each year. Failure of the applicant to reaffirm their application shall cause the Harbor Master to remove the applicant’s name from the MOORING WAITING LIST. Each person whose name is on the MOORING WAITING LIST will be sent a renewal form from the Harbor Master's office on or before January 1st of each year.

 

(d)       When the Harbor Master determines that a mooring location is available for assignment in the Harbor, he/she shall notify the person on the MOORING WAITING LIST with the oldest date of application and the highest priority under Section 21.6 that a mooring is available for a given size boat. If the person so notified wishes to place a vessel of the proper size in the location designated, they must notify the Harbor Master within seven (7) days from the date of notification indicating whether the vessel owner accepts or declines the assignment. An acceptance requires the vessel owner show proof of ownership through the registration or other documentation.

 

(e)        If the person declines to accept the mooring location available for whatever reason, that person may retain their original position on the MOORING WAITING LIST according to the date of the original application and must signify this within seven (7) days from the date of notification to the Harbor Master.

 

(f)        Upon acceptance of a mooring assignment, all mooring tackle must be constructed in accordance with the specifications set forth by the Harbor Master. All mooring tackle must be inspected by a Qualified Mooring Inspector prior to being set in the designated location.

 

            Section 21.4 - Restrictions on Use of Moorings during winter

 

No vessel or boat may occupy a mooring between November 1st and March 30th (the “Winter Mooring Period”) except that this prohibition shall not apply:

           

            (a)        To commercial fishing vessels or other commercial vessels; or

           

            (b)       To vessels which have received permission from the Harbor Master to extend their use of moorings during part or all of the Winter Mooring Period.

 

Section 21.5 - Special Mooring Agreements

 

(a)        Centerboard Yacht Club. An agreement has been in existence for many years between the Harbor Commission and the Centerboard Yacht Club, which is allotted 134 mooring spaces in the area described in Appendix I. Centerboard Yacht Club, may administer and police these spaces in accordance with the rules and regulations of the Harbor Commission. The agreement shall continue until such time as the Board of Harbor Commissions deems it necessary to change it. If members of Centerboard Yacht Club should leave it for any reason, mooring spaces which had been assigned to them will revert back to Centerboard Yacht Club and may not be assigned by the persons who formerly used them.

 

(b)       Big Diamond Island Yacht Club. Pursuant to an agreement with the Harbor Commission, the Big Diamond Island Yacht Club has been allotted 15 moorings in Great Diamond Island Cove (McKinley Cove) for the use of its members. The Big Diamond Island Yacht Club shall administer those 15 moorings, including but not limited to, maintaining and inspecting them in accordance with its own rules as approved by the Harbor Commission, as well as the rules and regulations of the Harbor Commission. The Yacht Club shall provide the Harbor Master with completed mooring applications, tender the appropriate fees and submit a map showing the location of each mooring yearly. As a condition of continuation of the agreement, Big Diamond Island Yacht Club will cooperate with the Harbor Master in regard to all matters relating to Great Diamond Island Cove which fall within the jurisdiction of the Harbor Commission.

 

Section 21.6 - Priority in Granting Permits

 

(a)        Moorings will be assigned by the Harbor Master according to the following order of priority:

 

(i)        Up to three moorings to the owner of the frontage abutting the area in which the moorings are to be located (personal use, including guest moorings for commercial establishments, not for hire), provided that in congested areas the Harbor Master may reduce the number of moorings allocated to owners of frontage to one;

 

(ii)       To commercial fishing vessels owned and used by residents;

 

(iii)      To pleasure vessels owned or used by residents;

 

(iv)      To moorings for hire or guest moorings for commercial establishments;

 

(v)       To other commercial vessels owned or used by residents;

 

(vi)      To commercial fishing vessels owned or used by non-residents;

 

(vii)     To pleasure boats owned or used by non-residents; or

 

(viii)    To other commercial vessels owned or used by non-residents.

 

(ix)       Notwithstanding any other provision of this section to the contrary, neither moorings for hire nor guest moorings for commercial establishments will be allowed in the following areas:

 

(a)        Portland from Fish Point to East End Beach to Tukey's Bridge; and

 

(b)       South Portland from the east side of the pier of SMCC to the boundary line between South Portland and Cape Elizabeth.

 

It is the policy of the Commission in regulating moorings and in reviewing applications for permits to maintain these areas for private moorings.

 

Section 21.7 - Vessel at Mooring Taking on Water

 

(a)        If the Harbor Master should observe a vessel at a licensed mooring which is taking on water and its owner is unknown, cannot be located, or fails to take action in a timely manner, then the Harbor Master may arrange to have the vessel pumped, up to a maximum of two times in any 36-hour period. Thereafter, the vessel will be deemed to be derelict.

 

(b)       The costs incurred by such pumping will be the responsibility of the owner.  If the owner should fail to pay for such costs within 60 days after an invoice has been submitted to him/her, his/her mooring privileges will be revoked and shall not be reinstated until the bill is paid.

 

(c)        Pursuant to Rule 21.16, abandoned or derelict moorings will be treated in the same way as abandoned or derelict vessels.

 

Section 21.8 - Access to Channels

 

In assigning moorings, the Harbor Master shall maintain and protect access to channels, piers, wharves and docks.

 

Section 21.9 - Grand-fathered Mooring Privileges

 

Persons who had moorings in a given location on July 1, 1983, and who applied for a permit to renew use of that same location on or before December 1, 1985, will be granted a priority for that location over persons with the same or lower priority established by Rule 21.6, provided: 

 

(i)             The mooring is not abandoned; and

 

(ii)           Timely renewal applications are filed annually.

 

Section 21.10 - Moorings Prohibited in Certain Areas

 

(a)        Moorings are not permitted in the following areas of Portland Harbor:

 

(i)        All channels;

 

(ii)       The following areas cross-hatched on the plans of piers #1 and #2 submitted by Portland Pipeline Corporation and on file with the Commission:

 

(a)        East side of pier #2

 

(b)       West side of pier #2

 

(c)        East side of pier #1

 

(b)       West side of pier #1; provided that permits in this area may be granted to a single licensee who shall establish procedures reasonably satisfactory to Portland Pipeline Corporation for removal of moored vessels and/or moorings in emergencies or when access to pier #1 is necessary to that corporation

 

(iii)      Little Jewel Island Cove (Cocktail Cove)

 

Section 21.11 - Mooring Fees

 

See Rule 12, Section 12.3

 

Section 21.12 - Mooring Tackle

 

(a)            No mooring gear or equipment shall be placed in Portland Harbor waters without first being approved by the Harbor Master and inspected by a Qualified Mooring Inspector to ensure the adequacy of such gear.

(b)           Only Qualified Mooring Inspectors may install and inspect moorings in Portland Harbor waters, unless otherwise authorized by the Harbor Master.

(c)            Moorings shall be inspected by a Qualified Mooring Inspector not less than once every two years. Copies of the reports relating to such inspections shall be furnished to the Harbor Master.

(d)           Each mooring float shall be marked with the number of its assigned permit in permanent legible numbers not less than 3 inches high and contain a blue stripe.  It is the mooring owner's responsibility to ensure that the mooring number and blue stripe are permanently affixed to the mooring.

(e)            All Qualified Mooring Inspectors shall notify the Harbor Master’s office in writing of all inspections and service completed on mooring gear.

(f)            It is the Qualified Mooing Inspector’s responsibility to notify the Harbor Master and mooring owner of any mooring that has failed an inspection. This notification shall be made within twenty-four (24) hours of the failed inspection.

(g)            All mooring floats shall be kept clean to ensure they remain at least six (6) inches above the surface of the water at all times.

(h)           It shall be the mooring permit holder's responsibility to ensure mooring gear is maintained and in serviceable condition at all times.

(i)        Moorings shall be of sufficient size and weight, with all tackle in sound condition, to properly secure the moored vessel.  The float attached to the mooring line shall be of sufficient size and buoyancy to remain afloat when not attached to the vessel.

 

(j)        The Harbor Master may, at his/her discretion, cause a mooring to be hauled for inspection at any time at the owner's expense, if:

 

(i)        The mooring has not been inspected in accordance with these regulations; or

 

(ii)       The Harbor Master has reasonable cause to believe the mooring may be unsafe.

 

Section 21.13 - Winter Markers

 

(a)            Winter markers which are permitted by this section shall be:

 

(i)        White and be of sufficient size as to be clearly visible. The mooring permit number shall be displayed in black numerals which are a minimum of three (3) inches in height, or

 

(ii)       If provided by a Qualified Mooring Inspector approved by the Harbor Master and contains a clearly displayed identifying number.

 

(b)           Winter markers may only be used between the period of October 1st and June 1st of each calendar year. 

 

 

Section 21.14 - Removal and Disposal of Moorings

 

(a)        In case of the neglect or refusal of the owner of any mooring to comply with these regulations, or the order of the Harbor Master to remove his mooring or replace it with one of a different character, the Harbor Master may remove or cause to be removed any such mooring, or remove or cause to be removed the buoy, and drop the chain to the bottom. Any such removal and storage shall be at the expense and risk of the owner of the mooring, PROVIDED that before removing a mooring or a buoy, the Harbor Master shall notify the mooring owner, if ownership can be determined, by mail, at the owner's last known address, of the violation or action desired of him, the fact that the mooring or buoy will be removed, and of the fine, if any. If the matter is not settled to his satisfaction within two weeks, the Harbor Master may take the action provided for in this section.

 

(b)       In case of the neglect or refusal of the owner or person in charge of any vessel to comply with these regulations, or an order of the Harbor Master to remove his vessel, the Harbor Master may remove or cause to be removed, any such vessel, at the expense and risk of the owner of the vessel.

 

(c)        If the owner of any mooring or vessel fails to claim any mooring or vessel removed pursuant to this section within six months, the Harbor Master may seek an order from the Board of Harbor Commissioners declaring the mooring or vessel abandoned, and dispose of it to satisfy any charges which have been incurred for the removal and storage of such mooring or vessel. The Harbor Master shall notify the mooring or vessel owner, if any, if ownership can be determined, of his intention to seek such an order, by mail, to the owner's last known address, and shall publish a notice in a newspaper of general circulation in the City of Portland, at least once, not more than thirty (30) days, nor less than seven (7) days before the date of the meeting at which he seeks such an order.

 

Section 21.15 - Removal of Vessel

 

The Harbor Master shall have the power to order the removal of any vessel or vessels which may be obstructing either the free movement or safe anchorage of any other vessel or vessels, pursuant to 38 M.R.S.A. §5, as it may be amended from time to time.

 

Section 21.16 - Abandonment of Moorings

 

(a)        Moorings which are not used for any consecutive three-month period from May 1st to September 30th will be deemed abandoned.  The Harbor Master may assign such a mooring to another person in accordance with Rule 21.5.

 

(b)       If the Harbor Master should determine that a mooring has been abandoned, he/she shall proceed in accordance with Rule 8.0, treating the abandoned mooring as if it were an abandoned vessel.  Failure to use a mooring for four (4) months will constitute prima facie evidence of its abandonment. 

 

Section 21.17 - Appeals

 

Any person aggrieved by a decision or order of the Harbor Master may appeal to the Harbor Commission, pursuant to Rule 6.0.

 

Section 21.18 - Penalty

 

Any violation of the Rule may subject the offender to the penalties provided in Rule 7.0.  Pursuant to §8 of P. & S.L. 1981 c. 98, the District Court has jurisdiction over such violations.

 

RULE 22.0     Floating Businesses and Houseboats

 

Section 22.1 - Definitions

 

            The following terms shall be defined as set forth below for purposes of these Rules:

 

(a)        Floating Businesses means the use and occupancy of a raft, hull, barge or vessel for the purpose of providing personal services. “Personal services” shall mean services involving the care of a person, such as retail shops, restaurants, drinking establishments, galleries, performing arts studios, and other similar services;

 

(b)       Houseboats mean the commercial use and occupancy of a raft, hull, barge or vessel, designed primarily to be occupied as living quarters, and providing living, sleeping, cooking and/or sanitary facilities, whether temporarily or permanently.

 

Section 22.2

 

Notwithstanding any other provision of these Rules to the contrary, floating business and houseboats are prohibited from mooring or anchoring in Portland Harbor except at marinas which provide the following:

 

(a)        A permanent float, dock or slip from which the floating business or houseboat may be directly boarded from land;

 

(b)       A minimum of 875 square feet of space for the exclusive use of each floating business or houseboat and accommodation of its appurtenances;

 

(c)        Connection to a public water supply by means of an individual anti-backflow valve;

 

            (d)       A sewer connection to a public sewage system;

 

            (e)        A year-round, all-weather supply of electricity;

 

(f)        Parking as required by the codes and ordinances of the municipality where the marina is located; and

 

            (g)        Compliance with applicable Land Use Codes.


[1]See Appendix A, p. A1-A9

[2]See Appendix A, p. B1

[3]See Appendix A, p. C1

[4]See Appendix A, p. D1-D4

[5]See Appendix A, p. E1-E3 and P. & S. Law 1981, c. 98 8.

[6] “Conduct” as used in this rule in regard to vessel movements means “conning” the vessel.

[7] “Conduct” as used in this rule in regard to vessel movements means “conning” the vessel.