It is the intent of the Town of Islesboro that the municipal
shore areas, piers, and floats be available for use by all boat owners
and operators to board and depart from their vessels, to load and
unload their vessels, and to tie up small tenders. Further it is the
intent of the Town of Islesboro to ensure that the municipal shore
areas, piers, and floats are available for the use and enjoyment of
the public.
The following rules and regulations shall apply to every individual
using the municipal shore areas, piers, and floats:
A.
No dinghy or vessel which exceeds 12 feet in length shall be tied
to the north faces of Floats GP-C and GP-D nor to Floats GP-C1 and
GP-D1 (these locations being designated by a white stripe on the decking
of these floats).
B.
No dinghy or vessel with a motor larger than 10 horsepower shall be tied to any of the floats listed in Subsection A.
C.
Except to load and to unload, no vessel shall be tied to the south
face of Float GP-C, the east face of Float GP-A or the west face of
Float GP-A (these locations being designated by a red stripe on the
decking of this float).
D.
No vessel shall be tied to Floats GP-B and GP-D for more than two hours at any time nor for longer than two hours in any five-hour period, said period commencing from the time the vessel is first tied up, except as permitted in Subsection M.
F.
No dinghy shall be left while tied to Float GP-A or GP-B or to the south or east faces of Floats GP-C and GP-D, and should a vessel exceeding the length and horsepower limits established in Subsections A and B wish to use the float space occupied by the dinghy, the dinghy shall be promptly moved clear.
G.
Vessels owned by or operated for the legal owner(s) of Seal Island
shall have priority use of the east face of Float SH-B, and such vessels
may be left tied up at this location at the discretion of the operator
except when sea conditions are such that to do so could result in
damage to the float or its moorings. Vessel length shall not exceed
30 feet.
J.
Except to load and unload, no vessel, with the exception stipulated in Subsection G above, shall be tied to the west face of Float SH-A and to the east and west faces of Float SH-B (these locations being designated by red stripes on the decking of these floats). However, from October 15 to November 20 and from April 1 to May 15, vessels may be tied to the west face of Float SH-A and to the east face of Float SH-B for up to two hours in any five-hour period, said period commencing from the time the vessel first tied up.
K.
No vessel tied to the west face of Float SH-A shall be left unattended,
i.e. the operator of the vessel must remain within hailing distance
of this float while the vessel is tied thereto.
L.
Notwithstanding the provisions of Subsections C through G above with regard to the use of floats serving Town-owned piers, from November 15 through April 15 vessels may, if weather conditions permit, be left tied up to a float overnight. The vessel must be removed by 8:00 a.m. the following morning. Vessel owners leaving a vessel on the float past 8:00 a.m. must call the Town Office leaving a detailed message containing the operator's name, the vessel's name, the date, and the reason why the vessel has been left on the float.
M.
Vessels having a length greater than 45 feet on deck may tie up to
a Town float only with prior permission from the Harbor Master or
Deputy Harbor Master.
[Amended 11-20-2019]
N.
Crab and/or lobster crates may be tied to the Town floats at Grindle
Point and Seal Harbor, provided that it is done in a manner that does
not interfere with the normal function of these floats.
O.
No dinghy, fishing gear of any type, bait, bait containers, debris,
fuel tanks, or other items shall be left on a Town pier or float unattended
or stored for more than two hours without prior approval from the
Harbor Master or the Deputy Harbor Master;
[Amended 11-20-2019]
P.
No vessel, boat cradle, trailer, fishing gear, or mooring tackle
shall be stored or left unattended on the Grindle Point boat launching
ramp, the areas on either side of the ramp down to the mean low-water
line, the Memorial Museum grounds, the parking lots at Grindle Point
and Seal Harbor, the beach at Hewes Point, and the Town Beach grounds
and parking areas without prior approval from the Harbor Master or Deputy
Harbor Master. In addition, there shall be no stored or unattended
personal property of any nature placed or located at or upon the beach/Town
property at Hewes Point (Town-owned property which lies westerly of
the granite breakwater) for more than 72 hours.
[Amended 11-20-2019]
Q.
Floats are not allowed at any time within any of the shore areas
unless:
(1)
It is for a structural repair and written permission has been granted
by the Harbor Master or Deputy Harbor Master and then the float is
only allowed on the shore area for one week. Under unusual circumstances
the Harbor Master (or Deputy Harbor Master) may extend the privilege
for one additional week.
[Amended 11-20-2019]
(2)
It is September 30 through May 1.
R.
A clear unobstructed passage 50 feet wide shall be maintained between
the Grindle Point launching ramp and the east face of Float GP-D.
No tackle, gear, floats or mooring shall be permitted in this passageway.
S.
Any activity not consistent with this chapter must have the prior
written approval of the Harbor Master or Deputy Harbor Master or,
in cases of emergency, verbal approval of the Harbor Master, Deputy
Harbor Master, the Town Manager or a duly designated law enforcement
officer.
[Amended 11-20-2019]
T.
A fee shall be charged for mooring dinghies at any Town float. This
fee shall be $25 per year for Islesboro residents and nonresidents.
All dinghies moored at a Town float must display a sticker obtained
at the Town Office upon payment of the dinghy fee.
[Amended 4-28-2018; 11-20-2019]
U.
All dinghies moored at a Town float must have either soft rub-rails
or use suitable fenders on both sides. Oar locks must be unshipped
and either removed or left inboard. All outboards must be left in
the down position.
V.
The owners of dinghies moored at a Town float shall be responsible
for the proper maintenance of their respective dinghies. Any dinghy
left unbailed or posing a hazard to adjacent dinghies may be impounded
by the Harbor Master or Deputy Harbor Master. To reclaim the impounded
dinghy, the owner must first reimburse the Town for the cost of hauling
the dinghy and pay an administrative fee of $50. If unclaimed after
one year, the Town may sell the impounded dinghy at auction.
[Amended 11-20-2019]
W.
The hoist on the Grindle Point pier is available for loading and unloading gear, tackle, bait, and cargo into or from boats by commercial fishermen, boatyard owners, and others. Users must obtain a key from the Town Office after receiving instructions in the proper use of the hoist. An annual fee of $10 shall be charged by the Town for a key which shall not be transferable. Users assigned a key shall be responsible for the proper use of the hoist and for ensuring that there is no unauthorized use of their respective keys. Any unauthorized use of the hoist shall be subject to the penalty provision of Article V of this chapter.
X.
Any individual damaging Town property covered by this chapter, including but not limited to the Town boat ramps, piers, inclines, floats, and hoist, shall be liable for the cost of repairing the damages thereto in addition to penalties allowed under Article V of this chapter.
[Amended 4-28-2018]
Y.
Any individual witnessing or discovering damage to Town property
covered by this chapter, including but not limited to the Town piers,
inclines, floats, and hoist, shall contact the HM, DHM or the Town
Manager.
[Amended 11-20-2019]
Z.
Any use of Town boat ramps other than for launching and retrieving
boats, such as for a landing craft or a working rig, shall require
twenty-four-hour notice to the Harbor Master or Deputy Harbor Master,
or in the case of an emergency as soon as practicable. Any damage
to the ramp or ground that supports the ramp caused by the users,
as determined by the Harbor Master or Deputy Harbor Master, shall
be the responsibility of the users.
[Added 4-28-2018; 11-20-2019]
AA.
Floats must be maintained so as to not allow pieces of floats to
wash away causing obstructions to mariners or debris to build up on
shores. In the event the Harbor Master or Deputy Harbor Master becomes
aware of a float in disrepair, the official shall notify the owner
of the float that repairs must be made or the float must be removed
from services. Owners will be responsible for the cost of cleaning
up float debris.
[Added 4-28-2018; 11-20-2019]
BB.
A fee
shall be charged for skiffs tied to a designated float. This fee shall
be $20 per year for both residents and nonresidents. All skiffs tied
at a designated Town float must display a skiff sticker obtained at
the Town Office upon payment of the skiff fee.
[Added 11-20-2019]
A.
Except as provided in the following Subsection B, mooring privileges shall be granted upon application on a first-come-first-served basis, provided that the applicant has complied fully with the application requirements. Such assignment of a mooring privilege does not confer any right, title, or interest in submerged lands owned by the State of Maine. Mooring privileges shall be limited to vessel owners or those providing proof of a controlling interest in a vessel.
B.
Whenever there are more applicants for mooring assignments than there
are mooring sites available within the boundaries of a Town anchorage,
the Harbor Committee shall establish, pursuant to 38 M.R.S.A § 7-A,
a waiting list at the Town Office. The list shall be in four sections:
C.
The HM or DHM shall assign mooring sites as they become available from the waiting list established in Subsection B above based upon the following priorities:
[Amended 11-20-2019]
(1)
Riparian owners who shall receive their first mooring site as a matter
of littoral right. They shall be given the first vacancy available,
and no mooring fee shall be required of them.
(2)
Resident full-time commercial fishermen and resident commercial boat
operators who shall receive the next available vacancy after the riparian
owners;
(3)
Resident noncommercial boat owners; and
(4)
Nonresident boat owners.
D.
Mooring assignments are nontransferable and may not be rented by
the assignee to others.
F.
If, in the opinion of the HM or DHM, a mooring site has remained
unoccupied for one year, it shall be deemed abandoned and assigned
to the next person on a waiting list, provided that the vessel proposed
to be moored at this site is of a size and type which would be compatible,
in the judgment of the HM or DHM, with other vessels moored in that
area of the anchorage. If the vessel is deemed to be unsuitable for
the open mooring site, the HM or DHM shall proceed down the waiting
list until a suitable vessel for that mooring site is located. However,
an exception may be made, with prior written approval from the HM
or DHM, for a mooring site to remain unoccupied for up to two years
either because the vessel assigned to that mooring site is being replaced
by the owner or because the owner has taken the vessel on an extended
voyage. In such instances, the HM or DHM may allow other vessels to
use the unoccupied mooring site on a temporary basis.
[Amended 11-20-2019]
G.
When a mooring has been deemed abandoned in accordance with the provisions of Subsection F above, the owner of the mooring shall be notified by the HM or DHM that the mooring must be removed by the owner at his or her expense. If removal by the owner does not occur within 30 days of receipt of said notice from the HM or DHM, the HM or DHM shall arrange for the mooring to be removed at the owner's expense.
[Amended 6-6-2012; 11-20-2019]
H.
All new mooring balls within a Town mooring area must have a polyball
and shall be white in color; indicate the size/weight of the mooring
block; indicate the owner's name; and must have the assigned mooring
number painted on the ball in sufficient size to make the number clearly
visible.
I.
All moorings within the boundaries of a Town anchorage shall be supplied
and owned by the respective vessel owners but shall be sited as instructed
by the HM or DHM. Each mooring shall be of sufficient size to hold
the vessel for which it is used. (Wooden poles shall not be permitted.)
The length of the pennant shall not exceed half the length of the
boat or three times the height of the bow. Vessel owners shall be
liable for any damage resulting from the use of the faulty or inadequate
moorings or their improper placement. Mooring tackle shall be properly
maintained by the owner.
[Amended 11-20-2019]
J.
No fishing gear (lobster or crab pots) shall be set within the boundaries
of a Town anchorage.
K.
Anchoring within a Town mooring area is prohibited except in emergencies
or with the express prior permission of the HM or DHM
[Amended 11-20-2019]
L.
All moorings in the Town mooring areas shall be inspected every two
years at the owner's expense and a letter submitted to the Town Clerk,
who shall forward a copy to a HM or DHM and keep the original on file
at the Town Office, identifying who performed the inspection and when;
stating the condition of the mooring; and further verifying that any
deficiencies found were properly corrected.
[Amended 11-20-2019]
M.
The discharge of improperly treated septage waste, refuse, or any
petroleum product from any vessel into or on the waters surrounding
Islesboro, including its harbors, mooring areas, and channels, is
strictly prohibited by order of this chapter and in accordance with
state and federal regulations.
A swimming area at the northeastern end of Seal Harbor (Big
Tree Beach) shall be delineated by two pylon markers. No vessels are
permitted between these markers and the beach except small nonpowered
watercraft when being used for training purposes.
[Amended 6-6-2012; 11-20-2019]
The Harbor Committee shall hear any appeal by any person affected
directly or indirectly by any decision, order, ruling, act or failure
to act of the HM or DHM, except that an appeal of a written citation
will be appealed directly to the Town Manager. The HM and DHM shall
not hear nor vote on any appeal to the Harbor Committee. They may,
however, testify before the Committee. In deciding any appeal, the
Committee shall hear and approve, approve with modification or conditions,
or disapprove the decision, order, act or failure to act of the HM
or DHM, from which the appeal is made. The complainant may, within
30 days, appeal to the Superior Court any decision rendered by the
Harbor Committee under this provision of this chapter.
