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Title 12 Chapter 715 - Watercraft and Airmobiles
Subchapter 1

§7791. Definitions - Unless a different meaning is plainly required for the purposes of this subchapter, the following words and terms shall have the following meanings.
1. Bow "Bow" means the forward half of the watercraft.
1-A. Airmobile "Airmobile" means any vehicle propelled by mechanical power that is designed to travel upon a cushion of air on or within 2 feet of the water or land surface of the earth.
2. Division "Division" means the Division of Licensing and Registration, a part of the Department of Inland Fisheries and Wildlife.
2-A. Dwelling "Dwelling" means any building used as a permanent residence or place of domicile.
3. Federal Waters "Federal Waters" means all the waters not internal and subject to the jurisdiction of the United States.
4. Internal Waters "Internal Waters" means waters under the exclusive jurisdiction of the State of Maine.
4-A. Marina or Boat Yard Owner "Marina or Boat Yard Owner" means a person who owns a facility that leases storage, docking or mooring space to a watercraft.
5. Motorboat "Motorboat" means any watercraft, including airmobiles, equipped with propulsion machinery of any type, whether or not the machinery is the principal source of propulsion, is permanently or temporarily attached, or is available for propulsion on the watercraft.
6. Motorboat carrying passengers for hire "Motorboat carrying passengers for hire" means a motorboat used for the purpose of carrying any person or persons as passengers for valuable consideration, whether directly or indirectly flowing to the owner, charter, agent or any other person interested in the watercraft.
7. Operate "To Operate", in all its moods and tenses, when it refers to watercraft of any type or description, means to use that watercraft in any manner on the waters specified, whether or not the craft is under way.
8. Operation "Operation", when it refers to watercraft of any type or description, means the act of operating as defined in subsection 7.
9. Operator "Operator" means the person who is in control or in charge of a watercraft while it is in use.
10. Owner "Owner" means a person who claims lawful possession of a watercraft by virtue of legal title or equitable interest therein which entitles him to possession.
11. Passenger "Passenger" includes every person carried on board the watercraft other than:
  1. The owner or his representative;
  2. The operator;
  3. Bona fide crew members engaged in the business of the watercraft who have contributed no consideration for their carriage & who are paid for their services; &
  4. Any guest on board a watercraft which is being exclusively for pleasure purposes who has not contributed any consideration, directly or indirectly, for his carriage.
11-A. Personal Watercraft "Personal Watercraft" means any motorized watercraft that is less than 13 feet in hull length as manufactured, is capable of exceeeding a speed of 20 miles per hour and has the capacity to carry not more the operator and one other person while in operation. The term includes, but is not limited to, a jet ski, wet bike, surf jet, miniature speedboat and hovercraft. Personal watercraft also includes motorized watercraft whose operation is controlled by a water skier.
12. State of Principal Use "State of Principal Use" means the state on whose waters a watercraft is used or to be used most during a calendar year.
13. Use "Use" means operate, navigate or employ.
14. Watercraft "Watercraft" means any type of vessel, boat or craft used or capable of being used as a means of transporattion on water other than a seaplane.
15. Waters of this State "Waters of this State" means all internal waters and all federal waters within the jurisdiction of this State (Maine).
16. Water Safety Zone "Water Safety Zone" means the area of water within 200 feet of any shoreline, whether the shoreline of the mainland or of an island.


§7792. Commissioner's Rule-Making Authority - It shall be the intent of any rule required that it shall be in accord with such federal regulation as may be promulgated under the United States Federal Boat Safety Act of 1971 Public Law 92-75, as amended. The Commissioner, acting jointly with the Commissioner of Marine Resources, may adopt and amend rules under the procedure provided in the Maine Administrative Procedures Act, Title 5, Part 18, which are not inconsistent with this subchapter, covering the following subject matter:
1. Administrative Procedure Rules to further establish administrative procedure under this subchapter.
1-A. Appointment of Watercraft Registration Agents; Report; Fees Rules authorizing the Commissioner to delegate the authority to issue watercraft registrations subject to the following:
  • The Commissioner may appoint municipal clerks or other persons who a municipality may designate as municipal agents to issue watercraft registrations. The Commissioner shall determine ther period when the agents shall act.
  • For the purpose of issuing watercraft registrations, agents other than municipal agents shall be appointed or reappointed as follows:
    1. The Commissioner shall designate as an agent, for the purpose of issuing watercraft registrations, any person who holds a boat dealer's certificate of number in accordance with section 7795, submits a complete application, is creditworthy and has not violated any provision of this subchapter.
    2. A business, the agency of which is revoked for a violation of this subchapter, may reapply for an agency for the 2nd year following the last year it held an agency.
  • Each agent, for the purpose of issuing watercraft registrations, shall submit a report to the Commissioner on or before the 15th day of each calendar month. The report shall include an accounting of all watercraft registrations issued during the previous calendar month and shall be accompanied by:
    1. The Department's copy of each registration issued; and
    2. All watercraft registration funds collected by the agent during the reporting period.
  • Agents may charge a service fee of not more than $1 for each watercraft registration issued and this service fee shall be retained by the agent. (Effective 1/1/90)
2. Safe Use and Operation of Watercraft Rules governing the use and operation of watercraft upon the waters of the State to insure safety of persons and property.
3. Safety Equipment Rules further governing safety equipment for watercraft, including the type, quality and quantity of the equipment.
4. Horsepower Rules governing the horsepower of motors used to propel watercraft on all internal waters of the State. In promulgating these rules, the Commissioner shall take into consideration the area of the internal waters, the use to which the internal waters are put, the depth of the water and the amount of water-borne traffic upon the waters and determine whether or not the rule is necessary to ensure the safety of persons and property. The adoption of rules under this subsection is governed by the Maine Administrative Procedures Act, Title 5, Part 18, except that such rules may be adopted as a result of a petition from the municipal officers of the municipality or municipalities in which the waters exist or from 25 citizens of the municipalities in which the waters exist, by county commissioners of the county in which the waters exist, requesting the issuance of such a rule for a particular body of internal water and stating the proposed horsepower limitation.
5. Restrictions for Airmobiles Rules restricting the operation of airmobiles in fish or wildlife preserves, conservation areas or other areas where the operation may harm the natural environment.


7792-A. Rules on Operation of Airmobiles.
1. Rules Prior to November 1, 1979, the Commissioner shall promulgate rules restricting the operation of airmobiles in areas where their use may be harmful. These rules shall be promulgated in accordance with the Maine Administrative Procedure Act, Title 5, Chapter 375, after public hearings in the areas affected.
2. Minimum Conditions These rules shall, as a minimum, condition the use of airmobiles in fish and wildlife preserves, conservation areas, coastal and inland wetlands and great ponds.
3. Prohibitions The Commissioner shall prohibit airmobile use wherever it adversely affects fish and wildlife habitat, interferes with the operation of other watercraft, threatens public safety or adversely affects the natural environment.


§7793. Commissioner's Powers and Duties
1. Register Watercraft The Commissioner shall annually register watercraft and issue certificates, licenses and permits as provided in this subchapter.
2. Promote Safety The Commissioner shall promote safety for persons and property in connection with the use and operation of watercraft.
3. Federal Grants The Commissioner may participate in such federal grants in aid as may be forthcoming to this State from the United States Federal Boat Safety Act of 1971, Public Law 92-75, as amended.
4. Coast Guard Report The Commissioner shall make an annual report to the Coast Guard as required under federal law of the certificates issued by him.
5. Registration List Distribution The Commissioner shall distribute a list of registrations issued as follows:
  1. Where the legal residence of the applicant is a municipality within the State, the Commissioner shall mail annually such a list to the tax collector of that municipality.
  2. Where the legal residence of the applicant is outside of the State and the boat is situated within a municipality in the State, the Commissioner shall mail annually such a list to the tax collector of that municipality.
  3. In all other cases, the Commissioner shall send such a list annually to the Bureau of Taxation.
6. Information to Federal Officials or Agencies The Commssioner shall transmit any information compiled or otherwise available to the Commissioner pursuant to section 7801, subsection 17, 18 and 19 to an authorized official or agency of the United States, in accordance with any request duly made by that official or agency.


§7793-A. Collection by Commissioner
The Commissioner or agents of the Commissioner shall act on behalf of the State Tax Assessor to collect the use tax due under Title 36, Chapters 211 to 225 in respect to any watercraft for which an original registration is required under this Title at the time and place of registration of that watercraft. Each official shall deduct and retain from the use taxes collected pursuant to this section a fee of $1.25 for each watercraft in respect to which a use tax certificate has been submitted in accordance with section 7793-C, even though the certificate indicated that no use tax was due in respect to the watercraft in question. All fees so retained shall be transmitted forthwith to the Treasurer of State and shall be credited to the General Fund.


§7793-B. Original Registration Defined
"Original registration" shall mean any registration other than a renewal of registration by the same owner in sections 7793-A to 7793-E.


§7793-C. Payment of Sales or Use Tax a Prerequisite to Registration - No application for registration shall be granted in respect to any watercraft whose sales or use may be subject to tax under Title 36, Chapters 211 to 225, except in the case of a renewal of registration by the same owner, unless and until one of the following conditions has been satisifed:
1. Dealers' Certificate The applicant has submitted a dealers' certificate in a form prescribed by the State Assessor, showing either that the sales tax due in respect to the watercraft in question has been collected by the dealer or that the sale of the vehicle is exempt from or otherwise not subject to tax under Title 36, Chapters 211 to 225.
2. Use Tax Certificate The applicant has properly executed and signed a use tax certificate in such form and manner as may be prescribed by the State Tax Assessor and paid the amount of tax shown therein to be due; or
3. Exemption The applicant has properly executed and signed a use tax certificate in such form and manner as may be prescribed by the State Tax Assessor showing that the sale or use of the watercraft in question is exempt from or otherwise not subject to tax under Title 36, Chapters 211 to 225.


§7793-D. Certificates to be Forwarded to the State Tax Assessor
Upon receipt by the Commissioner or the Commissioner's agent of any certificate submitted in accordance with section 7793-C, that official shall promptly forward the certificate to the State Tax Assessor.


§7793-E. Collection by State Tax Assessor
The provisions of this section shall be construed as cumulative of other methods prescribed in Title 36, Chapters 211 to 225, for the collection of the sales or use tax. Nothing herein shall be construed as precluding the State Tax Assessor from collecting the tax due in respect to any watercraft in accordance with such methods as are prescribed in Title 36, Chapters 211 to 225, for the collection of the sales or use tax.


§7794. Certificate of Number
1. Motorboats Requiring The owner of every motorbaot, including airmobiles, used on the waters of the State as the state of prinicpal use shall obtain a certificate of number for the motorbaot from the Commissioner. No certificate of number may be issued unless the owner submits proof that the watercraft excise tax, assessed under Title 36, Chapter 112, has been paid or that the boat is exempt from the watercraft excise tax. NOTE: In addition, no certificate of any number may be issued unless the owner submits proof of payment of the sales/use tax. See section 7793-C. The following motorbaots are exempt from this section:
  1. A watercraft which has or is required to have a valid marine document as a watercraft of the United States;
  2. A motorboat already covered by a current certificate of number issued under a federally approved numbering system of another state or a federal law, provided that the number so issued is displayed on the motorboat and provided that the motorboat has not been within this State for a period in excess of 60 consecutive days after the state of principal use has been changed;
  3. Military or public watercraft, except recreational type watercraft of the United States;
  4. A motorboat whose owner is the United States, a state or subdivision thereof which is used for governmental purposes and which is clearly identified as such;
  5. A ship's lifeboat;
  6. Motorboats from a country other than the United States, provided the motorboat has not been within the State for a period in excess of 60 consecutive days; and
  7. Motorboats used exclusively for racing purposes which display on their hulls in a prominent manner a valid boat number issued by a recognized racing association.
2. Application The owner shall make application to the Commissioner on forms approved by the Commissioner. The application shall show the legal residence of the applicant and the place where the boat is situated.
3. Issuance
  1. Upon receipt of the approved application with the proper fee, the Commissioner shall enter the application upon the office records, and issue the applicant a pocket-sized certificate of number stating:
    1. The number assigned to the motorboat;
    2. Its description;
    3. The name and address of the owner; and
    4. Such other information as the Commissioner deems appropriate.
  2. The holder of any certificate of number issued under this chapter may obtain a duplicate certificate or validation stickers from the Commissioner upon application and payment of the fee set forth in subsection 4.
4. Fees The fees for each original or renewal certificates of number with 2 validation stickers are as follows:
  1. Watercraft requiring/requesting certificate of number .................................................. $4
  2. Duplicate certificate of number .................................................................................. $1
  3. Duplicate validation sticker (per set) .......................................................................... $1
  4. Certificate of number issued with transfer of ownership authorized in subsection 7 ........ $2
5. Restrictions
  1. The operator shall have the certificate of number available for inspection on the motorboat for which issued at all times, whenever the motorboat is in operation.
  2. The identification number and validation stickers assigned by the Commissioner and authorized by this subchapter shall be displayed on each side of the bow of the boat in the following manner:
    1. The identification numbers must be painted or permanently attached to the bow and be of a color which is in contrast to the color of the background so as to provide the highest degree of visibility, i.e., dark numbers on a light background or vice versa, and be plainly visible.
    2. The identification number must be displayed in 3 parts. The prefix which is the initial numbers ME, designating the State of Maine, is to be separated by a hyphen or space equal to the width of a letter, other than the letter "I", from the numerals which follow it. The suffix, which consists of the ending letter or letters which appear after the numerals, is to be likewise separated from the numerals;
    3. The identification number must be displayed to read from left to right, of good proportion, with vertical block character capital letters and Arabic numeral, all of which must not be less than 3 inches in height, and maintained in a legible condition at all times;
    4. No number other than the assigned boat number shall be displayed on the bow of such a motorboat;
    5. The validation sticker, as issued by the division, must be displayed approximately 3 inches behind the last letter of the identification number and on a level with the number on both sides of the bow, viz.: ME-123-A; and
    6. Nothing in this section shall prohibit the numbering of any watercraft upon the request of the owner. The owner shall comply with all applicable requirements of this subchapter if he chooses to number his watercraft.
  3. The owner of a certificate of number terminated or invalidated under subsection 11 shall return it within 10 days of ther termination or invalidation.
  4. The owner of any watercraft which has been issued a certificate of number chall notify the Commissioner in writing within 10 days of:
    1. The transfer of all or any part of his interest, other than the creation of a security interest, in the watercraft covered by the certificate;
    2. The permanent removal of the watercraft from the State;
    3. The destruction or abandonment of the watercraft;
    4. The theft or recovery of the watercraft; or
    5. Any change in his address.
  5. Upon sale or transfer of ownership of any registered watercraft, the owner or dealer shall remove and destroy any validation stickers from the craft. The validation sticker is non-transferable.
  6. The person whose name appears on the certificate of number as the owner of a watercraft shall remove the number and validation stickers from the craft when:
    1. The watercraft is documented;
    2. The watercraft is no longer used principally in the State of Maine;
    3. The application for certificate of number contains false or fraudulent statements or information;
    4. The fees for issuance of a certificate of number are not paid.
6. Numbers Permanent A number once awarded under this subchapter to a motorboat remains with that boat until the boat is destroyed, abandoned, permanently removed or no longer principally used in the State, except that numbers that have been inactive for at least 7 years may be reissued by the division.
7. Transfer of Ownership Whoever transfers ownership of a motorboat for which a certificate of number has already been issued under this subchapter and applies for a certificate of number for another motorboat is entitled to a new certificate of number upon payment of a transfer fee of $2 as set forth in subsection 4, paragraph D, provided the applicant returns to the Commissioner the old certificate of number properly signed and executed, showing that ownership of the motorboat has been transferred.
8. New Ownership If there is a change of ownership of a motorboat for which a certificate of number has previously been issued under this subchapter, the new owner shall apply for a new certificate of number and set forth the original boat number in his application. He shall pay the regular fee for the particular motorboat involved and is not entitled to the special transfer fee set forth in subsection 7.
9. Expiration Every certificate of number awarded under this subschapter continues in force until the last day of the 12th month after the month of issuance, except that a dealer's certificate of number shall expire at midnight on December 31st of the calendar year for which the certificate was issued.
10. Renewal The owner may renew his certificate of number at expiration by stating the old number in his application and paying the prescribed fee. The fee is the same fee he would pay for the original issuance.
11. Termination of Certificate of Number
  1. Under any of the following conditions, the certificate of number issued by the Commissioner is terminated or invalidated:
    1. Transfer of the watercraft;
    2. Documentation of the watercraft;
    3. Change in state of principal use of the watercraft;
    4. Permanent removal of the watercraft from the State;
    5. Abandonment or detruction of the watercraft;
    6. False or fraudulent information on the application for the certificate of number;
    7. Failure to pay the required fee for the certificate of number; or
    8. Involuntary loss of interest in the watercraft due to legal process.
  2. The transfer of a partial interest which does not affect the original owner's right to operate the watercraft does not terminate or invalidate the certificate of number.


§7794-A. History of Ownership
1. Request The Commissioner or his designee shall provide on request a written record of the history of past ownership of any watercraft which requires a certificate of number under this subchapter. The request shall be made on forms provided by the Commissioner.
2. Fee The fee for providing the record shall be $25 and shall be submitted with the request form.


§7795. Dealer's Certificate of Number
1. Application Any manufacturer or dealer of new or used motorboats who has a permanent place of business in this State for the manufacture or sale of motorboats may, instead of obtaining a certificate of number for each motorboat owned by him, make application on forms provided by the Commissioner for a dealer's certificate of number.
2. Issuance If the applicant satisifies the Commissioner that he is qualified for a dealer's certificate of number containing the place of business of the applicant and a general distinguishing number on such form as determined by the Commissioner.
3. Fee The fee for a dealer's certificate of number is $15 annually from each January 1st.
4. Restrictions The dealer or manufacturer shall display the number and validation stickers issued under his dealer's certificate of number on the motorboat being demonstrated or tested and may transfer that number from one motorboat owned by him to another motorboat owned by him by temporarily attaching removal plates. on which a dealer's number and validation stickers may be painted or attached, to the bow of any boat covered by his dealer's certificate of number.


§7796. 20-Day Boat Number and Registration
1. Issuance The Commissioner may issue temporary 20-day boat numbers and registrations to bona fide dealers who request them under such conditions as the Commissioner deems necessary.
2. Fee The Commissioner shall receive $1 for each 20-day temporary plate.
3. Use of 20-Day Plates
  1. Upon the sale or exchange by a dealer of any motorboat which requires numbering, the new owner may secure from the dealer a temporary 20-day boat number and registration to operate the craft for one period of 20 consecutive days only after the date of sale in leiu of a permanent boat number as required in section 7794, provided the owner shall make application to the Commissioner on the date of sale for a certificate of boat number.
  2. The application and fee for a certificate of number, together with a copy of the temporary registration issued by the dealer, shall be forwarded by the dealer to the Commissioner within 48 hours after the date of sale of the motorboat.
  3. The dealer shall affix the temporary 20-day boat number to the bow of the motorboat and shall clearly mark thereon the date issued, date of expiration and the dealer's Maine dealer number.
4. Restriction
  1. The temporary 20-day boat number is non-transferable and shall be conspicuously displayed on the bow of the motorboat, notwithstanding any other requirements of display of boat number.
  2. The operator of a motorboat shall have the temporary registration aboard at all times while the motorboat is in operation.
  3. After expiration of the 20-day period, the owner shall remove and discard the temporary 20-day boat number and display the permanent boat number and validation stickers assigned by the Commissioner in accordance with §7704, subsection 5, paragraph B.


§7797. Permit to Hold a Regatta, Race, Boat Exhibition or Water-ski Exhibition
1. Issuance The Commissioner may issue a permit to any person permitting him to hold a regatta, race, boat exhibition or water-ski exhibition on any of the internal waters of this State.
2. Application The person or persons in charge of the regatta, race, boat exhibition or water-ski exhibition shall request the permit from the Commissioner at least 15 days prior to the event. The request shall be in writing and shall set forth the date, time and location of the event. The person in charge of a proposed motorboat race shall send a letter of intent 60 days prior to the event to municipal officers of the municipality or municipalities in which the waters exist. A copy of the letter of intent shall be forwarded to the Commissioner with the request for a permit to hold any motorboat race.
3. Restrictions
  1. The person or organization obtaining the permission is responsible for providing reasonable protection as prescribed by the Commissioner from water traffic interference and hazards and shall take reasonable precautions to safeguard persons and property.
  2. During any authorized event, the officials conducting it shall conspicuously display one or more orange warning flags of a size not less than 4 feet by 4 feet while the event is in progress. They shall remove the warning flag or flags for reasonable periods of time during the event to allow non-participating watercraft to pass through the area.


§7798. Certificate of Number for Motorboats Carrying Passengers for Hire
1. Application Before a motorboat may carry passengers for hire, the owner of the motorboat shall apply to and obtain from the Commissioner a certificate of number authorizing its use for that purpose. This section applies to all motorboats carrying passengers for hire as defined in section 7791, subsection 6, except those subject to federal inspection requirements which have or are required to have a current federal inspection certificate on board.
2. Issuance Before the certificate may be issued, the owner shall satisfy the Commissioner that the boat is safe to operate and will be maintained in safe condition.
3. Restrictions The Commissioner may cause the motorboats to be examined from time to time.


§7798-A. Certificate of Number for Motorboats Rented or Leased
Before any motorboat may be rented or leased, the owner of the motorboat shall obtain a certificate of number from the Commissioner under section 7794.


§7799. Operator's License to Carry Passengers for Hire
1. Application Every operator of a motorboat other than a licensed Maine guide certified in watercraft safety, carrying passengers for hire, except those operators who have been issued and have or are required to have in their possession a current valid federal operator's license, shall obtain an operator's license from the Commissioner provided in this section before operating a motorboat carrying passengers for hire.
  1. The operator shall make written application for the license on forms provided by the Commissioner.
  2. The Commissioner chall cause operators applying for a license for the first time to be examined as to their qualifications.
2. Issuance The Commissioner shall issue the license to applicants who have satisfactorily passed the examination.
3. Fee The fee for an operator's license is $1.
4. Renewal The Commissioner may grant a renewal license upon written application and payment of the $1 fee without examination.
5. Expiration Every license expires on December 31st of the year for which issued.
6. Suspension and Revocation The Commissioner may initiate proceedings in the Administrative Court to suspend the operator's license of a motorboat carrying passengers for hire under the following condition:
  1. It is found, upon examination under section 7798, subsection 3, that any motorboat carrying passengers for hire is unsafe; or
  2. The Commissioner receives satisfactory evidence of the operator's intemperance, incompetency or willful violation of law.
7. Exception This ection does not apply to any person who operates a watercraft in connection with a boys or girls camp located in this State and licensed by the Department of Human Services or located in another state and licensed in a similar manner in that State.


§7799-A. Waste Water Discharge in Inland Water
No person may operate a watercraft in inland waters with a marine toilet, shower or sink unless the waste water from the toilet, shower or sink is fed directly into a holding tank. The holding tank for sanitary waste water must not in any way be connected to any through-hull fitting.


§7800. Disposal of Revenues
All revenues collected under this subchapter are disposed of as follows:
1. Fees Collected All fees collected for certificates, licenses and permits by the Commissioner are paid daily to the Treasurer of State and accrue as undedicated revenue to the General Fund and as dedicated revenue to the Department of Marine Resources in accordance with subsection 3.
2. Fines and Costs Collected Each county shall pay all fines, forfeitures and penalties collected for violations of this subchapter and all officers' costs collected for either coastal wardens or game wardens to the Treasurer of State, monthly, and that money accrues as undedicated revenue to the General Fund, except that all fines, forfeitures and penalties collected as a result of the efforts of municipal enforcement officers or harbor masters enforcing the provisions of this subchapter in their respective jurisdictions are paid to that municipality for the local enforcement efforts of this subchapter. The department shall record as dedicated revenue to the Department of Marine Resources that portion of fines, forfeitures and penalties allocable to the Department of Marine Resources in accordance with subsection 3.
3. Disbursement of Revenues All revenues collected under this subchapter, including fines, fees and other available money must be distributed as undedicated revenue to the General Fund and the Department of Marine Resources according to an allocation rate that directly relates to the administrative costs of the Division of Licensing and Registration and the historical revenue distribution pattern including any necessary year-end reconciliation and accounting distribution. The allocation rate must be jointly agreed to by the department and the Department of Marine Resources and approved by the Department of Finance, Bureau of the Budget.


§7800-A. Operating Airmobile on Land of Another
1. No Permission Given This subchapter is in no way to be construed as giving license or permission to cross or go on the property of another.
2. Stop and Identify Requirement Any person operating an airmobile upon the land of another shall stop and identify himself upon the request of the landowner or his duly authorized representative. Any person in violation shall be held accountable to the owner under existing law.
3. Restrictions If restrictions on operation are posted on the land of another, ther person operating the airmobile shall observe those restrictions.


§7801. Prohibited Acts
1. Operating a Motorboat Without a Certificate of Number A person is guilty, except as provided in subsection 27, paragraph A, of operating a motorboat without a certificate of number if he operates or gives permission to operate a motorboat without a current certificate of number or a current temporary certificate of number as issued by the Commissioner is valid. A facsimile or copy of the certificate is not valid.
2. Operating a Motorboat Without Identification Number or Validation Stickers A person is guilty of operating a motorboat without an identification number or validation sticker if he operates or gives permission to operate a motorboat without the identification number and validation stickers, assigned by the Commissioner and authorized by this subchapter, displayed on each side of the bow in accordance with section 7794, subsection 5, paragraph B or section 7795, subsection 4.
2-A. Illegal Operation of Watercraft on Inland Waters A person is guilty of operating a watercraft in violation of section 7799-A if that person launches a watercraft into, or operates a watercraft on inland waters with a marine toilet, shower or sink the waste water of which is not fed directly into a holding tank or if the holding tank for sanitary water is connected to any through-hull fittings. (Effective April 1, 1990).
3. Violation of License, Permit or Certificate Restriction A person is guilty of violation of a restriction of a license, permit or certificate if he violates any restriction of any license, permit or certificate in this subchapter.
4. Holding a Regatta, Race, Boat Exhibition or Water-ski Exhibition Without a Permit A person is guilty of holding a regatta, race, boat exhibition or water-ski exhibition without permit if he holds such an event without a permit from the Commissioner.
5. Unlawfully Crossing the Area of an Authorized Regatta, Race, Boat Exhibition or Water-ski Exhibition An operator of a watercraft is guilty of unlawfully crossing the area of an authorized regatta, race, boat exhibition or water-ski exhibition if he crossess or traverses the course or area of such an event when the warning flag required under section 7797, subsection 3, paragraph B is displayed, except in an emergency.
6. Operating a Motorboat Carrying Passengers for Hire Without a Certificate of Number A person is guilty of operating a motorboat carrying passengers for hire without a certificate of number if he operates such a motorboat without a certificate of number as required in section 7798.
6-A. Leasing or Renting a Motorboat Without a Certificate of Number A person is guilty of renting or leasing a motorboat without a certificate of number if he rents or leases any motorboat not covered by a current certificate of number as required by section 7798-A.
7. Operating a Motorboat Carrying Passengers for Hire Without an Operator's License to Carry Passengers for Hire A person is guilty of operating a motorboat carrying passengers for hire without an operator's license to carry passengers for hire if he operates such a motorboat and does not have such an operator's license as required in section 7799.
8. Reckless Operation of a Watercraft A person is guilty of reckless operation of a watercraft if he operates any watercraft, water-ski, surfboard or similar device in such a way as to recklessly create a substantial risk of bodily injury to another person.
9. Operating Watercraft While Under the Influence or With Excessive Blood-alcohol Level A person is guilty of a criminal violation if that person operates or attempts to operate any watercraft:
  1. While under the influence of intoxicating liquor or drugs or a combination of liquor and drugs; or
  2. While having 0.008% or more by weight of alcohol in that person's blood.
9-A. Failure to Comply With Duty to Submit A person is guilty of failure to comply with the duty to submit to and complete a blood-alcohol test under section 7802 if that person refuses to submit to or fails to complete a blood-alcohol test when requested to do so by a law enforcement officer:
  1. Who has probable cause to believe that the person operated or attempted to operate a watercraft while under the influence of intoxicating liquor; or
  2. When the person was the operator of a watercraft involved in a watercraft accident which results in the death of any person, as provided in section 7912, subsection 11.
10. Operating a Watercraft to Endanger A person is guilty of operating a watercraft to endanger if he operates any watercraft, water-ski, surfboard or similar device so as to endanger any person or property.
11. Operating a Watercraft at Greater Than Reasonable and Prudent Speed A person is guilty of operating a watercraft at greater than reasonable and prudent speed if he:
  1. Operates any watercraft except at a reasonsable and prudent speed for existing conditions; or
  2. Fails to regulate the speed of a watercraft so as to avoid danger, injury or unnecessary inconvenience in any manner to other watercraft and their occupants whether anchored or under way, waterfront piers, floats or other property or shorelines, either directly or by the effect of the wash or wave created by the watercraft through its speed, or otherwise.
12. Operating a Watercraft in Bathing Areas A person is guilty of operating a motorboat in bathing areas if he:
  1. Operates a motorboat within any boating area marked or buoyed for bathing.
  2. Operates an airmobile on a beach adjacent to a bathing area marked or buoyed for bathing.
13. Operating a Watercraft While Under Age A person is guilty of operating a motorboat while under age if he:
  1. Is under 12 years of age;
  2. Operates any motorboat propelled by machinery of more than 10 horsepower; and
  3. Is not under the immediate supervision of a person located in the motorboat who is at least 16 years of age.
14. Operating a Watercraft to Molest Wild Animals or Wild Birds A person is guilty of operating a watercraft to molest wild animals or wild birds if he operates any watercraft so as to pursue, molest, harass, drive or herd any wild animal or wild birds, except as may be permitted during the open season on that animal.
15. Operating a Watercraft Without a Muffler A person is guilty of operating a motorboat without a muffler if he operates a motorboat that is not equipped at all times with an effective and suitable muffling device on its engine or engines to effectively deaden or muffle the noise of the exhaust, except that motorboats which are operating in a regatta or race approved by the Commissioner under section 7797 may use cutouts for these motorboats while on trial runs or competing in speed events, for a period not to exceed 48 hours immediately or following such an authorized event.
16. Operating a Watercraft Without Proper Safety Equipment A person is guilty, except as provided in subsection 27, paragraph B, of operating a watercraft without proper safety equipment if he operates a watercraft and he:
  1. Fails to comply with the same requirements pertaining to lights, life-saving devices, fire extinguishers and other safety equipment as required by federal laws and regulations on federal navigable waters, as promulgated under the United States Federal Boat Safety Act of 1971, Public Law 92-75, as amended or
  2. Fails to comply with requirements pertaining to additional equipment not in conflict with federal navigation laws which the Commissioner may prescribe if there is a demonstrated need; or
  3. Fails to wear a Coast-Guard approved Type I, Type II or Type III personal flotation device (pfd) while canoeing or kayaking on the Saco River between Hiram Dam and the Atlantic Ocean between January 1st and June 1st.
17. Failure to Render Aid After a Watercraft Accident A person is guilty of failure to render aid after a watercraft accident if he:
  1. Operates a watercraft which is involved in a collision, accident or other casualty; and
  2. Fails to render all necessary aid and assistance to all persons involved, so far as he can do so without serious danger to his watercraft, crew and passengers, if any.
18. Failure to Provide Personal Identification After a Watercraft Accident A person is guilty of failure to provide personal identification after a watercraft accident if he:
  1. Operates a watercraft which is involved in a collision, accident or other casualty; and
  2. Fails to give his name and address and identification of his watercraft to any person injured and to the owner of any property damaged.
19. Failure to Report a Watercraft Accident A person is guilty of failure to report a watercraft accident if he is the operator or owner of any watercraft involved in any collision, accident or other casualty while using a watercraft which results in the death of a person, a person's losing consciousness or receiving medical treatment, a person's becoming disabled for more than 24 hours, a person's disappearance from a watercraft under circumstances indicating death or injury, or damage to the watercraft or other property of more than $300 and fails to file accident reports as follows:
  1. A written report on forms provided by the Commissioner containing such information as required within 24 hours of the occurrence if a person dies, disappears, loses consciousness, received medical treatment, or is disabled for more than 24 hours, or within 5 days of the occurrence if the accident involved property damage only; and
  2. A report of the occurrence, by the quickest means of communication, to the nearest available law enforcement officer to the place where the accident occurred.
20. Illegally Operating a Watercraft ina Prohibited Area A person is guilty of illegally operating a motorboat in a prohibited area if he does any of the following:
  1. Operates a motorboat on that portion of Portage Lake in Townships T13R6 WELS, County of Aroostook, known as the Floating Island Area, north and westerly of a line beginning at the eastern edge of the marshy peninsula running out from Hutchinson Ridge, running 50 yards outside of the floating islands in a northerly direction to the mouth of Mosquito Brook;
  2. Operates a motorboat on Quimby Pond in the Town of Rangeley, Franklin County;
  3. Operates a motorboat upon the waters of Jerry Pond, so called, situated within the boundaries, or having a shoreline abutting, the incorporated municipality of Millinocket and the unincorporated Townships being T1R7 and TAR7,all in the County of Penobscot;
  4. Operates a motorboat on Upper and Lower Ox Brook Lakes in the towns of T6ND, T6R1 and Talmadge in the County of Washington;
  5. Operates a motorboat on Little Nesowadnehunk (Sourdnahunk) Lake, in T5R11, Piscataquis County;
  6. Operates a motorboat having more than 10 horsepower on Eagle Lake and Jordan Pond, Mt. Desert Island, Hancock County and Long Pond, Twp. E and Twp. D, Franklin County;
  7. Operates a motorboat on abody of water commonly known as and referred to in the Dunham-Daves Plan as SNow's Pond situated west of Route 7 in the town of Dover-Foxcroft, Piscataquis County;
  8. Operates a motorboat having more than 6 horsepower on Long Pond, Town of Denmark, Oxford County;
  9. Operates a motorboat on Lily Pond, Edgecomb, Lincoln County;
  10. Operates a motorboat powered by an internal combustion engine on Nokomis Pond, situated in the towns of Newport and Palmyra, Penobscot County; or
  11. Operates a motorboat in Merrymeeting Bay at a speed in excess of 10 miles per hour, except within the confines of buoyed channels.
21. Operating an Airmobile Upon a Public Way A person is guilty, except as provided in subsection 27, paragraph C, of operating an airmobile upon a public way if he operates an airmobile upon a public way.
22. Failing to Stop an Airmobile Before Entering a Public Way A person is guilty of failure to stop an airmobile before entering a public way if he fails to bring an airmobile to a complete stop before entering a public way.
23. Failing to Yield Right-of-Way While Operating an Airmobile A person is guilty of failing to yield the Right-of-Way while operating an airmobile if he fails to yield the Right-of-Way to all vehicular traffic while operating an airmobile on a public way.
24. Operating an Airmobile Which Exceeds Noise Limit A person is guilty, except as provided in subsection 27, paragraph E, of operating an airmobile which exceeds the noise limit if he operates an airmobile which exceeds 78 decibels of sound pressure at 50 feet on the "A" scale, as measured by the Society of Automotive Engineers standards J-192.
25. Operating an Airmobile on Railroad Tracks A person is guilty of operating an airmobile on railroad tracks if he operates an airmobile along or adjacent and parallel to the tracks of any railroad within the limits of the railroad Right-of-Way without permission from the railroad.
26. Operating an Airmobile too Close to Certain Buildings A person is guilty, except as provided in subsection 27, paragraph D, of operating too close to a dwelling, hospital, nursing home, convalescent home or church if he operates an airmobile within 200 feet of any of those buildings.
27. Exceptions
  1. Notwithstanding subsection 1, the certificate of number for a watercraft less than 26 feet in length and leased or rented to another for the latter's non-commercial use may be retained on shore by the owner of the watercraft or his representative at the place where the watercraft departs or returns to the possession of the owner or his representative, provided that the person leasing or renting the watercraft has acopy of the lease or rental agreement which shows the watercraft number thereon and the period of time for which the watercraft is leased or rented and which is signed by the owner or his representative.
  2. Notwithstanding subsection 16:
    1. Canoes, owned by a boys' or girls' summer camp located upon internal waters in Maine and duly licensed by the Department of Human Services and utilized by campers under the direction and supervision of a camp counselor at least 18 years of age or older during training and instruction periods on waters adjacent to the main camp within a distance of 500 feet from the shoreline of that camp, shall be exempt from that subsection; and
    2. Log rafts, carrying not more than 2 persons and used on ponds or lakes or internal waters of less than 50 acres in area, are exempt from carrying personal flotation devices (pfd).
  3. Notwithstanding subsection 21, properly registered airmobiles may cross public ways, including bridges, overpasses and underpasses. For crossing public ways, sidewalks and culverts, persons shall travel only the distance necessary, but in no case exceeding 300 yards, for the sole purpose of crossing as directly as possible. For crossing bridges, overpasses and underpasses, persons shall travel only the distance necessary, but in no case exceeding 500 yards, for the sole purpose of crossing as directly as possible. All crossings shall be subject to the following conditions:
    1. Persons may cross public ways only if the crossing can be made safely and does not interfere with vehicular traffic approaching from either direction;
    2. The operator of the airmobile shall dismount and lead the machine along the extreme right of the traveled way; and
    3. The operator of the airmobile shall yield the Right-of-Way to all vehicular traffic.
  4. Notwithstanding subsection 26, that subsection does not apply in the following situations:
    1. When operating on public ways in accordance with paragraph C and subsections 21, 22, 23 and 24;
    2. When operating on the frozen surface of any body of water; and
    3. When operating on land which the operator owns or is permitted to use.
  5. Notwithstanding subsection 24, airmobiles which are operating in a race approved by the Commissioner under section 7797 may exceed the noise level.
28. Failure to Display an Excise Tax Decal An owner of a watercraft who fails to display the excise tax decal, as required by Title 36, Chapter 112, commits a civil violation of which a forfeiture, payable to the municipality where the watercraft is subject to excise tax, of not less than $25 nor more than $250 shall be adjudged. In all cases where the owner of a watercraft fails to display the excise tax decalas required by Title 36, Chapter 112, the law enforcement officer discovering the failure shall notify the tax collector of the owner's residence or, in the case of non-residents, partnerships or corporations, foreign or domestic, the tax collector of the municipality where the watercraft is principally moored, docked or located or has its established base of operations.
29. Failure to Maintain a List or to Make Lists Available Where a marina or boatyard owner fails to maintain the list required by Title 36, section 1504, subsection 9, or fails to make that list available as required by that section, he commits a civil violation for which a forfeiture of not less than $25 nor more than $250 shall be adjudged.
30. Failure to Comply With Additional Safety Requirements While Operating a Personal Watercraft A person is guilty of failure to comply with additional safety requirements while operating a personal watercraft if that person:
  1. Or any passenger is not wearing Coast Guard approved Type I or Type II personal flotation devices (pfd) while operating or riding on the personal watercraft.
  2. Operates the personal watercraft during the hours between sunset and sunrise; or
  3. Operates the personal watercraft before attaining the age of 12 years.
31. Unlawfully Permitting Operation A person is guilty of unlawfully permitting operation of a watercraft:
  1. If that person owns a watercraft and negligently permits another person to operate the watercraft in violation of any section of this subchapter; or
  2. If that person is the parent or guardian responsible for the care of a minor under 18 years of age and the minor oprates a personal watercraft in violation of any section of this subchapter.
32. Unlawfully Operating a Watercraft Within the Water Safety Zone A person is guilty, except as provided in section 7802, of unlawfully operating a watercraft within the water safety zone if that person operates a watercraft at a speed greater than headway speed while within the water safety zone or within a marina or an approved anchorage in coastal or inland waters.


§7802. Operating within the Water Safety Zone
1. Headway Speed Only No person may operate a watercraft at a speed greater than headway speed while within the water safety zone or within a marina or an approved anchorage in coastal or inland waters except while actively fishing. For the purposes of the section, "headway speed" means the minimum speed necessary to maintain steerage and control of the watercraft while the watercraft is moving.
2. Water-skiing The prohibition in subsection 1 does not apply to watercraft picking up or dropping off one or more persons on water-skis in the water safety zone if a reasonable direct course is taken through the water safety zone between the point that the skiers are picked up or dropped off and the outer boundary of the water safety zone.


§7803. Harbor Masters on Inland Waters
1. Appointment; Compensation The municipal officers of a town bordering an inland waterway may appoint a harbor master for a term of not less than one year and may establish the harbor master's compensation. The harbor master is subject to all the duties and liabilities of that office as prescribed by 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 wweapon. Harbor masters who are not prohibited from making arrests may arrest and deliver to the law enforcement authorities on shore any person committing an assault upon them or another person acting under their authority.
2. Authority and Responsibility A harbor master appointed under this section shall enforce the watercraft laws of the State and the municipality on any water within the jurisdiction of the municipality.
3. Violation Whoever neglects or refuses to obey any lawful order of a harbor master authorized pursuant to this section commits a Class E crime.
4. Jointly Appointed Harbor Masters The municipal officers of 2 or more municipalities that border on the same inland waters may jointly appoint a single harbor master who shall have authority over the jurisdictions of all the participating municipalities.


§7804. Enforcement of Watercraft Laws
Any municipal, county or state law enforcement officer or any harbor master appointed pursuant to section 7803 or Title 38, section 1 has the authority to enforce, in their respective jurisdictions, the watercraft laws in this subchapter and the rules related to those laws.


§17805. Implied Consent to Chemical Tests
Any person who operates or attempts to operate a watercraft within this State shall have to duty to submit to a test to determine that person's blood-alcohol level by analysis of blood orbreath, if there is probable cause to believe that person has operated or attempted to operate a watercraft while under the influence of intoxicating liquor. The duty to submit to a blood-alcohol test includes the duty to complete either a blood or breath test. Tests and procedures applicable in determining whether a person is under the influence are governed by section 7912.


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