SHIPPING AND SEAMEN, HARBORS AND HARBOR MASTERS

M.G.L. pt. Part I, tit. Title XV, ch. c. 102

in effect

M.G.L. c. 102, § 1 Boarding vessels without leave or authority

c. 102, § 1. Boarding vessels without leave or authority Section 1. Whoever, not being a pilot or public officer, shall board or attempt to board a vessel arriving in the harbor of Boston, Salem, Fall River, New Bedford and Fairhaven or Gloucester, before such vessel has been made fast to the wharf, without the previous permission of the master or person having charge thereof or the previous written permission of its owners or agent, or whoever, without such leave and without authority of law, shall board a vessel in any of said harbors after having been forbidden so to do by a person having charge thereof at the time, or, having boarded such vessel, shall refuse or neglect to leave it when ordered so to do by the person having charge of it, shall forfeit not more than fifty dollars.

M.G.L. c. 102, § 1A Boarding vessels without permission; penalty; exceptions

c. 102, § 1A. Boarding vessels without permission; penalty; exceptions Section 1A. Except as provided in section one, whoever, not being a pilot or public officer, boards a boat or vessel without the permission of the owner or person in charge thereof shall be punished by a fine of not more than fifty dollars. This section shall not apply to a person who boards a rafted-up boat or vessel to reach a boat or vessel which he is authorized to board, or to reach a wharf, dock or float, or who boards a boat or vessel which has been abandoned, or who boards a boat or vessel to save life or prevent personal injury or property damage.

M.G.L. c. 102, § 2 Exemption of seamen or mariners from arrest on debt; liens

c. 102, § 2. Exemption of seamen or mariners from arrest on debt; liens Section 2. A seaman or mariner who has shipped or entered into a contract for a voyage from a port in this commonwealth shall not be arrested on mesne process on account of a debt to a landlord or boarding house keeper; nor shall a landlord or boarding house keeper detain or have a lien upon his wearing apparel or other property, or hinder, obstruct or delay him in the performance of such contract. Violation of this section shall be punished by a fine of not more than two hundred dollars.

M.G.L. c. 102, § 3 Jurisdiction of courts; recovery of penalties

c. 102, § 3. Jurisdiction of courts; recovery of penalties Section 3. If any offence mentioned in sections one and two is committed in Boston or Boston harbor, the penalty may be recovered by complaint in the municipal court of the city of Boston; if in Salem or Salem harbor, in the first district court of Essex; if in Fall River or Fall River harbor, in the second district court of Bristol; if in New Bedford or Fairhaven or in the harbor of New Bedford and Fairhaven, in the third district court of Bristol, and if in Gloucester or Gloucester harbor, in the district court of eastern Essex. Whoever commits any such offence may be arrested without a warrant by any officer qualified to serve criminal process in the town in which the offence may be tried, and he shall be forthwith brought before the court.

M.G.L. c. 102, § 4 Harbor limits

c. 102, § 4. Harbor limits Section 4. For the purposes of sections one, two and three, the outer limits of Boston harbor shall be a line drawn from Harding's Rock to the Outer Graves and thence to Nahant Head, and said harbor shall include the shores of Chelsea; the outer limits of Salem harbor shall be the chops of said harbor; the harbor of Fall River shall include the waters of Taunton Great river and Mount Hope bay, from the south line of the town of Freetown to the Rhode Island state line, including the shores of Somerset; the harbors of New Bedford and Fairhaven shall be considered one harbor, the outer limits of which shall be the outer limits of Buzzard's bay; and the other limits of Gloucester harbor shall be a line drawn from Eastern Point to Norman's Woe.

M.G.L. c. 102, § 6 Weighers of lighters or other vessels transporting stones, gravel or sand; appointment

c. 102, § 6. Weighers of lighters or other vessels transporting stones, gravel or sand; appointment Section 6. The mayor of a city and the selectmen of a town in which lighters or other vessels are employed in transporting stones, gravel or sand shall annually, in March or April, appoint one or more sworn weighers of vessels.

M.G.L. c. 102, § 7 Marking of vessels transporting stone, gravel or sand; specifications

c. 102, § 7. Marking of vessels transporting stone, gravel or sand; specifications Section 7. Every lighter or other vessel employed in transporting stone sold by weight or gravel or sand shall be marked on the stem and stern post, nearly level with the bend of the vessel, with stationary marks or bar iron, not less than six inches long and two and a half inches wide, fastened with two good and sufficient iron bolts driven through said stem and stern post and riveted into said bar iron, from which all other marks shall take their distance in feet, inches and parts of inches, as the distance may require, from the lower edge of the stationary marks to the lower edge of the other marks; which marks shall be as follows: light water marks, not less than four inches long and one inch and a half wide; and marks for every four tons above said light water marks, legibly cut or cast, in figures of four and multiples of four, up to the full capacity of the vessel. Said figures shall express the weight which such vessel is capable of carrying when the lower parts of such figures touch the water; and all the marks shall be of good and sufficient lead or copper, fastened on the stem and stern post of each vessel with sufficient nails not less than one inch long; or the weight which such lighter or other vessel is capable of carrying shall be indicated by having in the hold of such lighter or vessel, at each end thereof, and as near as practicable to the extremities of the space where the cargo is usually carried, a glass tube, with a stopcock at the bottom, which shall be mounted upright upon a scaleboard of metal or wood having marks or figures so arranged thereon as to indicate the weight of the cargo when the water in the tube shall reach the bottom of a figure or mark on the scaleboard.

M.G.L. c. 102, § 8 Duties of weighers

c. 102, § 8. Duties of weighers Section 8. Each weigher, upon request, shall furnish the requisite marks and nails, and shall cause lighters and other vessels to be weighed and marked in conformity with the preceding section. The weigher shall keep in a book provided for the purpose a correct account of the distance of each mark from the stationary marks, in feet, inches and fractions thereof, and shall give a certificate thereof, expressing the distance, to the master of every such vessel.

M.G.L. c. 102, § 9 Tonnage of vessel; deduction

c. 102, § 9. Tonnage of vessel; deduction Section 9. In taking the tonnage of every such vessel, a deduction may be made of one ton for every inch that the light water marks are under water after such vessel has discharged its cargo.

M.G.L. c. 102, § 10 Regulations on board during weighing

c. 102, § 10. Regulations on board during weighing Section 10. Every person on board such vessel, who does not keep within the bounds of the bulkhead and fore chains during the time of taking the marks or while a weigher is employed in weighing or marking, unless in case of absolute necessity, shall forfeit not more than twenty dollars.

M.G.L. c. 102, § 11 Annual examination of marks; certification

c. 102, § 11. Annual examination of marks; certification Section 11. Such vessels shall have their marks examined annually in June by a sworn weigher; and if the marks agree with the former certificates, he shall certify the same accordingly; otherwise he shall keep such certificates, which shall be admitted in evidence in any prosecution against the master or owner of such vessel under this chapter, and such vessel shall be weighed again. For the services required by this section he shall receive one dollar and fifty cents.

M.G.L. c. 102, § 12 Fees of weighers

c. 102, § 12. Fees of weighers Section 12. Each weigher shall receive from the owner or master of a vessel weighed and marked twenty cents for every ton of such vessel, and four dollars for furnishing marks, nails and other necessary articles, fastening the same and giving the certificate.

M.G.L. c. 102, § 13 Penalties for failure to weigh, mark or examine vessel

c. 102, § 13. Penalties for failure to weigh, mark or examine vessel Section 13. Every owner or master of any such vessel who neglects to have the same weighed, marked and examined according to this chapter, or removes any marks or alters his certificate, and every weigher who places any mark contrary to this chapter, or gives a false certificate, shall forfeit not more than three hundred dollars.

M.G.L. c. 102, § 14 Ordinances or by-laws regulating marking or weighing of lighters and other vessels

c. 102, § 14. Ordinances or by-laws regulating marking or weighing of lighters and other vessels Section 14. Towns may establish ordinances or by-laws regulating the marking and weighing of lighters and other vessels employed in transporting stones, gravel, sand or other ballast; the inspection and weighing of such ballast; and the appointment and compensation of weighers, markers, inspectors and other officers necessary to carry such ordinances or by-laws into effect; and may affix penalties for breaches thereof not exceeding those named in sections ten and thirteen.

M.G.L. c. 102, § 17 Illegal deposit of substances or things injuring or obstructing navigation

c. 102, § 17. Illegal deposit of substances or things injuring or obstructing navigation Section 17. Whoever wilfully and without lawful authority or license therefor, deposits in a harbor or other navigable tide waters stones, gravel, mud, ballast, cinders, ashes, dirt or any other substance, tending to injure the navigation or to shoal the depth thereof, or throws or drops into such waters any barrel, box, log, timber or other object, tending to obstruct the navigation thereof, shall be punished by a fine of not less than twenty nor more than one hundred dollars.

M.G.L. c. 102, § 18 Passing warp or line across channel or dock

c. 102, § 18. Passing warp or line across channel or dock Section 18. No warp or line shall be passed across a channel or dock so as to obstruct vessels passing along the same.

M.G.L. c. 102, § 19 Harbor masters; assistant harbor masters; appointment

c. 102, § 19. Harbor masters; assistant harbor masters; appointment Section 19. The mayor of a city, except Boston, or the selectmen of a town where a harbor is situated, unless otherwise specially provided, may, and for all harbors that have been improved by the expenditure of money by the commonwealth shall, appoint a harbor master and assistant harbor masters and fix their compensation, to be paid by their respective cities or towns. Said appointment shall remain in force unless the harbor master is removed for neglect of duty, negligence or conduct unbecoming a harbor master. Assistant harbor masters shall be appointed for terms of three years. Any appointment or re-appointment of assistant harbor masters shall be on the recommendation of the harbor master.

M.G.L. c. 102, § 19A Initial course of study for harbormasters; in-service training

c. 102, § 19A. Initial course of study for harbormasters; in-service training Section 19A. (a) A person who receives an appointment as a harbormaster or as an assistant harbormaster on a full-time or permanent part-time basis in a city or town where a harbor is located shall satisfactorily complete an initial prescribed course of study for harbormasters which shall be approved by the harbormaster training council established pursuant to section 116D of chapter 6 and offered at a time to be determined by said harbormaster training council. A person so appointed shall attend, at such further intervals and for such periods as determined by the harbormaster training council, a prescribed course of study for harbormasters which shall be approved by the council, for in-service training. Upon petition to the council by the appointing authority, a person appointed as a harbormaster or as an assistant harbormaster, on a full-time or permanent part-time basis, in a city or town where a harbor is located, may be exempted by the council from the requirements of this section before exercising harbormaster powers while that person is awaiting training. (b) Failure of a person to comply with this section within 2 years of being appointed as a harbormaster or as an assistant harbormaster on a full-time or permanent part-time basis in a city or town where a harbor is located shall result in removal by the appointing authority if the harbormaster or assistant harbormaster is not awaiting funding and scheduling of a harbormaster academy. Failure of an appointed person to satisfactorily complete the in-service prescribed course of study in a timely manner may result in removal by the appointing authority. This section shall not apply to seasonal employees appointed by the harbormaster from time to time.

M.G.L. c. 102, § 20 Powers and duties of assistants

c. 102, § 20. Powers and duties of assistants Section 20. Such assistants shall be subject to the direction and control of the harbor master of their town, and shall have all the powers given to, and be subject to all the duties required of, harbor masters by law.

M.G.L. c. 102, § 21 Powers of harbor masters

c. 102, § 21. Powers of harbor masters Section 21. The master of a vessel within a harbor for which a harbor master is appointed shall anchor his vessel according to the regulations of the harbor master, and shall move to such place as he directs. The master of a towboat having a vessel in tow and a pilot having a vessel in charge shall allow such vessel to anchor only in such place as the regulations of the harbor master provide for anchorage.

M.G.L. c. 102, § 22 Permit to unload lumber in stream or channel

c. 102, § 22. Permit to unload lumber in stream or channel Section 22. The master of a vessel, before unloading lumber in the stream or channel of a harbor having a harbor master, shall obtain from him a permit, designating where such lumber may be rafted.

M.G.L. c. 102, § 23 Order to vessel to brace topsail yards, etc.

c. 102, § 23. Order to vessel to brace topsail yards, etc. Section 23. A vessel lying in a harbor or at a wharf or pier in a harbor shall, if so directed by the harbor master, cockbill the lower yards, brace the topsail yards fore and aft and rig in the jib-boom.

M.G.L. c. 102, § 24 Removal of vessel lying in harbor

c. 102, § 24. Removal of vessel lying in harbor Section 24. A harbor master may, at the expense of the master or owners thereof, cause the removal of any vessel which lies in his harbor and is not moved when directed by him, and upon the neglect or refusal of such master or owners on demand to pay such expense, he may recover the same from them in contract, to the use of the town where the harbor is situated.

M.G.L. c. 102, § 25 Removal of vessel lying at wharf

c. 102, § 25. Removal of vessel lying at wharf Section 25. If the master or other person in charge of a vessel occupying a berth at a public wharf or pier fails, after notice from the wharfinger thereof or his agent, to remove his vessel from such berth within such time as the harbor master adjudges reasonable, or if the master or other person in charge of such vessel has absented himself from the area of the berth for a period of time exceeding three times the posted limit, and cannot be contacted for the purpose of giving him notice to remove his vessel from such berth, the harbor master may cause such vessel to be removed to some other berth or anchored in the stream, and the city or town wherein the public wharf, pier or float is located, may recover the costs of such removal in an action of contract from the owner, agent or master of said vessel, said costs not to exceed fifty dollars.

M.G.L. c. 102, § 26 Stationing of vessels

c. 102, § 26. Stationing of vessels Section 26. A harbor master may regulate and station all vessels in the streams or channels of his harbor, and may remove such as he determines are not fairly and actually employed in receiving or discharging their cargoes, to make room for such others as require to be more immediately accommodated for such purposes.

M.G.L. c. 102, § 27 Report of violations

c. 102, § 27. Report of violations Section 27. Harbor masters shall report to the department of environmental management any violation of section seventeen or of any law relating to tide water in their respective harbors, and of all shipwrecks in the tide waters of their respective harbors and of any obstructions therein.

M.G.L. c. 102, § 28 Penalties

c. 102, § 28. Penalties Section 28. Whoever violates any of the provisions of the ten preceding sections or refuses or neglects to obey the lawful orders of a harbor master, or resists him in the execution of his duties, shall be punished by a fine of not more than fifty dollars, and shall be liable in tort to any person suffering damage thereby.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXV/Chapter102Fetched: 10/20/2026