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Harbor master and staff push to raise harbor fines; board approves recommendation pending counsel
Summary
Harbor Master John Harker and town staff proposed raising minimum harbor fines to strengthen deterrence for repeat violations (recommendation: $100 first offense, $150 second, $200 third); the select board voted to accept the change pending legal counsel review and publication in the harbor management plan.
Harbor Master John Harker told the Select Board that the town’s harbor management plan currently contains inconsistent fines across a dozen sections, with penalties often too low to deter repeat violations. He said the current structure — with some fines as low as $20 to $50 — can make it cheaper for boaters to accept a penalty than to follow harbor rules.
"It's actually cheaper just to take the fine than it is actually to make a reservation," Harker said, arguing that raising the minimum would improve compliance. He outlined an initial proposal that included "$100 for the 1st offense, $200 for a 2nd, and up to $500" for repeated or egregious violations, and emphasized the department’s education-first approach to enforcement.
Town staff moderated the proposal and recommended a graduated minimum schedule of $100 for a first offense, $150 for a second offense and $200 for a third and subsequent offenses as a balance between deterrence and proportionality. The administrator said staff had consulted counsel regarding the town’s authority but recommended the board act to raise minimums so seasonal and temporary staff could communicate consistent consequences.
Board members asked whether the change would limit the harbor master’s discretion for egregious cases; Harker and staff said they would still pursue higher state-level enforcement or alternative penalties where appropriate under state law. The board also discussed whether the harbor management plan or other public notice would be required before new fines take effect.
A motion to accept the staff recommendation, "pending assurance from legal counsel that the process was correct," carried unanimously. The board directed staff to consult town counsel about any required public hearing or notice and to publish updates to the harbor management plan if counsel advises.
Next steps: staff will confirm legal process with counsel and, if appropriate, update and publish the harbor management plan to reflect the revised fine schedule.
