Sec. 1. 38 MRSA §14 is enacted to read:

§14. Harbor fees

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Harbor regulatory body" means an entity legally authorized to regulate a municipal harbor, including, but not limited to, a harbor commission, the municipal officers of a maritime town or city, a port authority and the county commissioners in the case of a maritime unorganized township.

B.__"Vessel" means an oceangoing commercial cargo or passenger ship or barge.

2.__Fee authorization.__Each harbor regulatory body may establish a harbor fee of no more than 3__per ton per vessel calculated on a gross cargo tonnage basis, or no more than 25__ per passenger for a passenger ship on a domestic or international voyage, and payable for each use of its harbor, when cargo or passengers are discharged or loaded in the port or when passengers are embarked on a vessel making a port of call.

The fee is payable by the owner or operator of each vessel of 500 gross tons or more.__If a vessel is more than 500 gross tons, the owner or operator of that vessel shall pay the fee on each ton of gross cargo tonnage, including the first 500 tons.

The fee may include a maximum annual cap per vessel or per owner or operator per fiscal year.

The fee may be paid in advance or at the time that a vessel enters a harbor but must in all cases be paid before the vessel leaves the harbor.

3.__Exemptions.__The fee authorized by this section does not apply to:

A.__A vessel of less than 500 gross tons;

B.__A vessel that provides daily service to islands that are part of the State and whose service is funded in whole or in part by the State;

C.__A military vessel;