LD 1874

APPROVED  CHAPTER
  JUNE 10, 2025  253
  BY GOVERNOR  PUBLIC LAW
  STATE OF MAINE
  _____
  IN THE YEAR OF OUR LORD
  TWO THOUSAND TWENTY-FIVE
  _____
  H.P. 1245 - L.D. 1874
        An Act to Enable the Maine Pilotage Commission to Oversee Pilots
  Operating in Portland Harbor
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 38 MRSA §85-B, sub-§3, as enacted by PL 1999, c. 355, §4, is amended to
read:
     3. Coastal zones. "Coastal zones" means the 3 areas of Maine coastal waters relevant
to the commission membership, Calais to Schoodic Point, Schoodic Point to Port Clyde,
Southport Island and Port Clyde Southport Island to Kittery, excepting the port of Portland
and Casco Bay.
    Sec. 2. 38 MRSA §86-A, sub-§3, as repealed and replaced by PL 1987, c. 689, §1,
is amended to read:
    3. Portland harbor Harbor. Those waters specifically governed by the Board of
Harbor Commissioners for the Portland Harbor of Portland, except that the commission
retains those duties set forth in section 90 as they relate to pilots operating in such waters.
This section is not intended to confer jurisdiction or duties upon the commission with
respect to the activities of docking masters overseen by the Board of Harbor
Commissioners for Portland Harbor.
    Sec. 3. 38 MRSA §87-A, sub-§1, ¶E, as amended by PL 2011, c. 14, §2, is further
amended to read:
    E. All military ships navigating the Kennebec River to and from the Bath Iron Works
    Corporation for the purpose of accomplishing overhaul, repair, post shakedown
    availability and sea trials; and
    Sec. 4. 38 MRSA §87-A, sub-§1, ¶F, as amended by PL 2015, c. 14, §1, is further
amended to read:
    F. Noncommercial foreign vessels with overall length of under 253 feet., except in the
    case of Portland Harbor; and
    Sec. 5. 38 MRSA §87-A, sub-§1, ¶G is enacted to read:
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    G. In the case of Portland Harbor, noncommercial foreign vessels under 350 gross tons
    for yacht or recreational purposes and noncommercial American vessels under 350
    gross tons under registry for yacht or recreational purposes.
    Sec. 6. 38 MRSA §89, as amended by PL 2007, c. 695, Pt. B, §23, is further amended
to read:
§89. Maine Pilotage Commission members
     The Maine Pilotage Commission, as established by Title 5, section 12004‑A,
subsection 40, consists of 7 members who are citizens of the United States and the State of
Maine appointed by the Governor as follows: Three licensed pilots who are actively
piloting, one member from each of the coastal zones; 2 members who are not licensed pilots
but are from a maritime industry that utilizes the services of pilots; one member who is not
a licensed pilot but has a maritime background, from a list of qualified potential appointees
provided by the mayor of the City of Portland and the mayor of the City of South Portland;
and 2 members one member representing the public who are is not a licensed pilots pilot
but have has a maritime background. Appointments are for 3-year terms. Appointments
of members must comply with Title 10, section 8009. The members of the commission are
entitled to compensation according to Title 5, chapter 379.
    Sec. 7. 38 MRSA §90, sub-§1, ¶B, as amended by PL 1999, c. 355, §10, is further
amended to read:
    B. Make and establish just and reasonable rates of pilotage for those vessels that are
    subject to this subchapter;
    Sec. 8. P&SL 1981, c. 98, §5, sub-§2, as amended by PL 2011, c. 498, §2, is
repealed and the following is enacted in its place:
     2. Operation as pilot. The rates, licensure, apprenticeship, continuing education,
fees, safety and other activities related to pilots operating upon the waters subject to the
jurisdiction of the Board of Harbor Commissioners for Portland Harbor must be overseen
and regulated by the Maine Pilotage Commission pursuant to the Maine Revised Statutes,
Title 38, chapter 1, subchapter 3. This section is not intended to limit any authority
otherwise maintained by the Board of Harbor Commissioners for Portland Harbor to
oversee and regulate the activities of docking masters operating on waters subject to the
jurisdiction of the Board of Harbor Commissioners for Portland Harbor, except that such
activities may not include the service of actively piloting under the jurisdiction of the Maine
Pilotage Commission.
     Sec. 9. Rulemaking by Maine Pilotage Commission. Within 6 months of the
effective date of this Act, the Maine Pilotage Commission shall commence rulemaking
with regard to Chapter 1 of its rules to adopt in substantially the same form, for a period of
time at least 24 months in duration, the provisions contained in Section 17.0 of the rules of
the Board of Harbor Commissioners for Portland Harbor as of the effective date of this Act
as they relate to the licensure, apprenticeship, continuing education, safety and other
provisions in Section 17.0 of those rules as they relate to pilots operating in Portland Harbor
as long as any fees assessed upon pilots operating in Portland Harbor are consistent with
fees assessed upon pilots subject to the jurisdiction of the commission. In adopting these
initial rules, this provision does not limit the ability of the commission to organize the
foregoing provisions and standards into the commission's existing rules as long as the
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application of these rules to pilots operating in Portland Harbor are substantially similar to
the provisions in Section 17.0 of the rules of the Board of Harbor Commissioners for
Portland Harbor. Following the 24-month time period after initial adoption of the rules
described in this section, the commission may further amend the rules governing pilots
operating in Portland Harbor without regard to consistency with Section 17.0 of the rules
of the Board of Harbor Commissioners for Portland Harbor. Rules adopted pursuant to this
section are routine technical rules as described in the Maine Revised Statutes, Title 5,
chapter 375, subchapter 2-A. Commencing on the effective date of this Act and pending
final adoption of rules pursuant to this section, pilots operating in Portland Harbor are
subject to the jurisdiction of the commission according to any terms or conditions in place
during such time period as duly authorized by the Board of Harbor Commissioners for
Portland Harbor, other than fee assessments upon pilots in Portland Harbor, if any, which
must be consistent with any fees assessed by the commission upon other pilots subject to
the commission's jurisdiction.
   Sec. 10. Rulemaking by Board of Harbor Commissioners for Portland
Harbor. Within 6 months of the effective date of this Act, the Board of Harbor
Commissioners for Portland Harbor shall commence rulemaking to ensure that the board's
rules are consistent with this Act.
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