Sec. 2. 38 MRSA §7, as amended by PL 1997, c. 89, §1, is further amended to read:

§7. Relation to other laws

Nothing in this subchapter or in any other state law may be construed to be a limitation on the authority of municipalities to enact ordinances to regulate the assignment or placement of moorings and other activities in their harbors. These ordinances may include, but are not limited to: A process for assigning mooring privileges and determining the location of moorings; a waiting list for the assignment of mooring privileges; a fee schedule; construction standards for moorings; time limits on the mooring of vessels; a process for appeals from decisions of the harbor master; provisions that recognize that mooring privileges in lawful existence on the effective date of an ordinance may be preserved or continued after adoption of that ordinance, the location and use to be determined by the harbor master or other appropriate local authority; and provisions that establish a harbor commission or committee to administer the ordinance or ordinances and oversee the duties of the harbor master. Regulations adopted by the municipal officers under section 2 remain in effect unless the municipality's legislative body enacts an ordinance pertaining to the same matter pursuant to the Constitution of Maine, Article VIII, Part 2, and Title 30-A, section 3001.

SUMMARY

This bill adds aquaculture to the list of activities that require mooring permits from municipal harbor masters and clarifies that municipalities with harbor masters may exercise exclusive authority to assign mooring permits within waters under their jurisdiction.