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D.__A historic vessel owned or operated by a tax-exempt | | organization; |
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| | | F.__An international or domestic coastal ferry whose port | | calls do not exceed 6 hours; or |
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| | | G.__A vessel seeking a harbor of refuge due to weather | | conditions. |
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| | | 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. |
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| | | 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. |
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| | | The harbor regulatory body may take any actions allowed by law to | | collect a fee that is due, including, but not limited to: |
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| | | 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 |
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| | | B.__Placing a lien on the vessel or other property, wherever | | located, of the owner or operator of the vessel. |
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| | | 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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