CHAPTER 492

S.P. 651 - L.D. 1697

An Act Regarding the Appointment of Harbor Masters

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 12 MRSA §10402, sub-§1, as enacted by PL 2003, c. 414, Pt. A, §2 and affected by c. 614, §9, is amended to read:

1. Watercraft laws. All harbor masters, except those harbor masters whose authority is restricted as described in section 13072 or Title 38, section 1, have the same powers and duties as game wardens to enforce chapter 935 and any other provision of this Part regulating watercraft.

Sec. 2. 12 MRSA §13072, sub-§1, as affected by PL 2003, c. 614, §9 and amended by c. 627, §4, is further amended to read:

1. Appointment; compensation. The municipal officers of a town bordering an that borders or contains inland waterway waters but does not border or contain territorial waters may appoint a harbor master for a term of not less than one year and may establish the harbor master's compensation. Except as provided in subsection 2-A, the harbor master is subject to all the duties and liabilities of that office as prescribed by state law, municipal ordinances and rules promulgated by the municipality. The municipal officers may remove the harbor master from office for cause, declared in writing, after due notice to the harbor master and a hearing, if requested.

The municipal officers may prohibit a harbor master from making an arrest or carrying a weapon. A harbor master who is not

prohibited from making arrests may arrest and deliver to the law