LD 1635
pg. 2
Page 1 of 3 An Act To Authorize the Assessment and Collection of Harbor Fees Page 3 of 3
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LR 2325
Item 1

 
D.__A historic vessel owned or operated by a tax-exempt
organization;

 
E.__A public vessel;

 
F.__An international or domestic coastal ferry whose port
calls do not exceed 6 hours; or

 
G.__A vessel seeking a harbor of refuge due to weather
conditions.

 
4.__Fee established annually; use.__Any harbor fee adopted
pursuant to this section must be established annually through the
harbor regulatory body's budget process and must be based upon
and used to fund in whole or in part the cost of the
administration and services provided by the harbor regulatory
body and the harbor master, the purchase or maintenance of harbor
safety equipment, harbor emergency response capability and the
provision of harbor security.

 
5.__Collection of fee.__A harbor regulatory body may determine
the manner of collection of a harbor fee imposed pursuant to this
section.__The collection of the fee may include a requirement
that any fee be collected and turned over to the harbor
regulatory body by a vessel operator or other entity.__When a fee
is collected by an entity other than the harbor regulatory body,
that entity may retain a portion of the fee for its
administrative cost subject to the approval of the harbor
regulatory body.

 
The harbor regulatory body may take any actions allowed by law to
collect a fee that is due, including, but not limited to:

 
A.__Denying future access to the harbor to a specific vessel
or any vessel owned by the same owner or operated by the
same operator; and

 
B.__Placing a lien on the vessel or other property, wherever
located, of the owner or operator of the vessel.

 
The lien authorized by this subsection must be placed on the
vessel or other property of the owner or operator and enforced
pursuant to Title 36, section 612 and any applicable federal law.
In any successful enforcement action, the court shall award the
harbor regulatory body its fees and costs, including attorney's
fees.


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