| Permits |
| Dockage
Permits |
| No vessel is allowed to dock at a pier or wharf
under HDC control without first obtaining a docking permit. Only active
commercial fishing vessels that are seaworthy and possess adequate insurance
are eligible to obtain docking permits. Docking permits only allow the permit
holder to tie up at a pier under HDC administration. Tie up space is not
necessarily alongside cap log (for example, the vessel may be second or third
boat abreast). The permit does not convey any rights to the vessel or permit
holder to park vehicles or store other equipment inside the cap log area. The
HDC and the Harbormaster reserve the right to designate particular docking
locations for vessels. Application requirements and fees for docking permits
are described below. |
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| Unloading
Fees |
| Unloading fees apply to fishing vessels that do not
have annual dockage permits (but otherwise are eligible for dockage permits)
and that are unloading catch at fish houses whose piers and/or bulkheads are
maintained by the HDC. For example, fishing vessels that unload catch at piers
and/or bulkheads under HDC jurisdiction and then leave port or berth at private
docks are subject to unloading fees. See below for fee rates. (Please note:
dockage permits include unloading and berthing at piers, wharves, and bulkheads
under HDC jurisdiction.) |
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| User Permits |
| Private contractors who conduct business on city
piers under HDC administration must obtain user permits. Examples of
contractors include welders, electricians, crane operators, and supply delivery
companies. Additional permits are required for any additional mobile units.
Application requirements and fees for user permits are described below. |
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Other
Facility Users
Yachts, tugs, barges, or other vessels not classified as active commercial
fishing vessels will not be issued docking permits and cannot dock at piers
under HDC jurisdiction without the prior permission of the Harbormaster and the
HDC Executive Director. To support additional port services, the HDC licenses
exclusive and non-exclusive use of several berths on the Central Waterfront.
Licenses and fees for this very limited berth space are individually
negotiated. Currently, these docking spaces are licensed to Cuttyhunk Boat
Lines (a passenger/cargo ferry service) and Whaling City Launch Service.
Sponsors of regattas and races must obtain permission from the HDC to operate
in city waters at least 30 days before the event. No fee is usually required.
Organizations wishing to use city piers and other facilities for weekend or
holiday activities, such as concerts and festivals, also must obtain the prior
permission of the HDC. Although no fee is usually required for special events,
organizers must provide the HDC with a valid certificate of insurance in an
amount specified by the HDC. (Please note that the City of New Bedford has
permit requirements for special events.)
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Rules & Regulations / Application
Requirements
The New Bedford Harbor Development Commission (HDC) manages city properties on the New Bedford waterfront, including piers, wharves, and bulkheads. These facilities include North Terminal, South Terminal, and the Ferry Terminal at State Pier. The HDC also operates Homer's, Leonard's, Steamship, Coal Pocket, and Fisherman's Wharves and a recreational marina on Pope's Island. The HDC assesses user charges for private contractors and dockage and unloading fees for vessels that use its facilities or city waters. The revenues are used to operate and maintain properties.
The HDC has regulations regarding use of piers, wharves, bulkheads, and parking areas under its jurisdiction. These rules apply to the harbor and waters within the City of New Bedford and maritime facilities operated on property under HDC administration. This section is a summary of permit requirements, fees, and conduct on city-owned piers and other facilities. The complete set of HDC rules is available on this web site under Publications and at the HDC office at 106 Co-Op Wharf (at Fisherman's Wharf).
Application forms for permits or other authorizations may be obtained from the HDC. Applications may be submitted by mail (P.O. Box 50899, New Bedford, MA 02745) or in person at the HDC office, 106 Co-Op Wharf (at Fishermen's Wharf). A permit will be issued only after receipt of the fee and a completed application form, including name, address, and telephone number(s) of a contact person. The HDC does not provide electricity, water, security, or other services to permit holders, unless specifically approved by the HDC
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| Insurance |
| Prior to the issuance of a dockage or user permit,
the applicant must provide the HDC Executive Director with a certificate of
insurance showing coverage at the levels required by the HDC. The HDC may
adjust insurance coverage levels from time to time. |
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| For docking permits, fishing vessels must maintain
Protection and Indemnity (P & I) Insurance and Water Pollution Liability
Insurance. The P & I policy form and limits of liability must be acceptable
to the HDC and must not contain any exclusion for wreck removal costs. All
policies must have an A.M. Best rating of A- or better at levels set by the
HDC. Vessels that are unable to obtain insurance from the conventional
insurance market may apply for a waiver to the requirement and request to
provide adequate substitute security. No permit shall be issued until the HDC
has granted the waiver and is in possession of any security and/or security
agreement between the waiver applicant and the HDC. |
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| As a condition of a user permit, an applicant must
show proof of general liability, bodily injury, and property damage insurance
coverage in the amount of $250,000.00 (combined limits). The HDC Executive
Director may waive this condition in writing. |
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Additional permit
requirements
Permitted vessels are required to adhere to all applicable state and federal
laws and regulations. Permitted vessels also must be maintained in a seaworthy
condition, tight fit, and staunch. |
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| A vessel or individual that applies for a docking
permit must possess a valid state or federally issued commercial fishing
license. Vessels or individuals with commercial fishing licenses that are under
suspension or revocation by the issuing authority are not eligible to receive
docking permits. The Harbormaster, in conjunction with the HDC Executive
Director, will determine if a vessel is an active commercial fishing vessel, is
seaworthy, and possesses the required insurance. To determine if a vessel is
actively fishing, they will consider information such as fishing history of the
vessel for the previous two years, trip landing records for the vessel during
that time, and the number of days-at-sea that the vessel is authorized to use
each year. If the Harbormaster and HDC Executive Director determine that a
vessel is not actively fishing, the vessel will be denied a docking permit or
be subject to permit revocation (following notice and hearing). Determinations
may be appealed, according to procedures described in the regulations. |
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| Fueling operations conducted on piers require
permits from the State Fire Marshal's Office and review by the New Bedford Fire
Department. The HDC will not issue a user permit without proof of a valid
fueling permit. For more information, contact the New Bedford Fire Prevention
Bureau at (508) 991-6120 or the State Fire Marshal's Office at (978) 567-3100. |
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| Cutting and welding operations conducted in the
city, including on piers, require permits from the New Bedford Fire Department.
Welding permits for operations on piers require annual renewal. The HDC will
not issue a user permit without proof of a valid welding permit. For more
information, contact the New Bedford Fire Prevention Bureau at (508) 991-6120. |
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| The HDC will not issue a user permit for any crane
without proof of compliance with current state regulations and operation by a
licensed individual. |
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| In addition, the HDC may refuse to issue or renew a
dockage or user permit for any of the following reasons: |
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a. |
Making of any false statement as to a material matter in the
application for a permit or permit renewal or in a hearing concerning the
permit. |
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b. |
Failure to pay in full any outstanding balance for current or
past permits or for assessed damages upon demand by the HDC. |
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c. |
Failure to maintain insurance or other authorized substitute
security on the permitted vessel. |
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d. |
If the Harbormaster determines that the vessel is unseaworthy
or in a badly deteriorated condition. |
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e. |
If the vessel does not possess a state or federally issued
commercial fishing license or if the vessel's license has been suspended by the
issuing authority. |
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| Fees |
| Fees for dockage or user permits and unloading fees
are payable in full upon application to the HDC, or upon demand by the
Harbormaster, whichever comes first. Fees are non-refundable. The HDC mails
invoices for annual permit renewal fees in November of each year and fees are
due by April 15th of the following year. Fees are payable by check or money
order at the HDC office or by mail (P.O. Box 50899, New Bedford, MA 02745). The
following fees apply: |
| Permit |
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Fee |
| Dockage (Annual) |
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$10 per foot of documented/registered vessel length,
with a minimum fee of $500* |
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| Dockage (Daily) |
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$50 |
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| User (Annual) |
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$300 |
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| User (Additional Mobile/Annual) |
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$75 |
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| User (Daily) |
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$50 |
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| Unloading Fee (Daily) |
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$50 |
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| Unloading Fee (Annual) |
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$500 |
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| Moorings (annual) |
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$100 |
| Late charge interest is 1-1/2 percent per month
(from April 15). |
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| * (Vessels up to 50 feet in length are charged
$500. Vessels over 50 feet are charged $10 per foot.) |
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| Users or owners of vessels who fail to make
payments when due are in violation of the HDC regulations and are responsible
for interest from April 15th, as well as for all costs of collection, including
but not limited to, court costs, attorney, and sheriff fees. |
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| Wharf Rules |
| The Harbormaster and HDC personnel inspect piers
and other properties daily to determine if facilities are in clean and orderly
condition and to enforce HDC rules. The Harbormaster, Assistant Harbormaster,
HDC Executive Director, and other personnel designated by the HDC enforce
regulations on city facilities and in city waters. |
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| Repairs/Vessel
Maintenance |
| Repairs to vessels or gear belonging to vessels are
permitted only if they are minor in nature. When repairs are completed, all
debris and rubbish must be removed from the area. Any violation of these rules
may result in the denial of use of the piers for making repairs and/or
revocation of the docking or user permit. |
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| Sandblasting of vessels that are docked alongside
piers under HDC control or other vessels berthed at HDC facilities is strictly
prohibited. |
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| No hauling or marking of trawl wires on piers is
allowed, without prior approval of the HDC Executive Director or
Harbormaster. |
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| Fishing gear must be stowed inside the rails of
vessels to prevent chafing of piers and vessels berthed alongside. The storage
of lobster pots and other fishing gear, materials, or supplies is not allowed
on piers under HDC jurisdiction, unless requested in writing and approved by
the HDC, its Executive Director, and/or the Harbormaster. |
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| No equipment, materials, or debris may be left
overnight on any areas maintained by the HDC, without prior permission of the
Harbormaster or the HDC Executive Director. |
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| Trash
Disposal |
| Receptacles and containers for the placement and
removal of rubbish and debris are provided on the piers for vessel debris only.
Failure to appropriately utilize receptacles and containers is a violation of
HDC rules. In addition, disposal of trash, debris, or rubbish into the harbor
is not allowed. Leaving oil barrels or containers in
or alongside piers, wharves, containers, or dumpsters under HDC jurisdiction is
prohibited. Violation of these rules will result in a $300 fine per each
violation and/or revocation of the permit. |
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| Parking/Fire
Lanes |
| Parking regulations are posted along the piers and
must be followed. The Harbormaster or the HDC has the right to remove any
vehicles that are impeding traffic or preventing business alongside piers. Fire
lanes are clearly marked. Parking in or obstructing fire lanes is strictly
prohibited. |
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| Damage |
| Any damage to piers, wharves, or bulkheads under
HDC jurisdiction must be promptly reported to the Harbormaster or the HDC.
Failure to make a prompt report of damage may result in permit revocation. The
cost of repairs for damage will be assessed by the HDC to those parties
determined to be responsible. Payment for damages is due within five days of
the presentation of an itemized invoice by the HDC. |
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Deliveries
Trucks making deliveries on piers, such as oil and ice trucks, must not
interfere with other permitted users of the facilities and must prevent oil and
gasoline leaks. Ice shavings may not be dumped on piers and allowed to remain
there. Oil delivery users must adhere to all applicable federal and state
regulations and licensing requirements.
Safety Precautions
The captain or owner of any vessel moored or berthed within the waters or along
piers or bulkheads under HDC jurisdiction must ensure that the vessel is
secured or anchored with proper care and equipment at all times to prevent
breakaway and resulting damage. Vessels docked at any pier under HDC
jurisdiction must be manned during storm or hurricane warnings. |
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A vessel that is considered unseaworthy, badly deteriorated, likely to sink or
damage docks, floats or other vessels, or to become a menace to navigation may
not be moored or berthed in New Bedford Harbor or along piers under HDC
jurisdiction. The Harbormaster and HDC Executive Director will make the
determination of poor condition. Exceptions to this prohibition may be made in
cases of distress or emergency, after reasonable precautions for the safety of
persons and property of others have been taken. |
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| Oil barrels and containers must be marked to
reflect the oil's point of sale and to sufficiently identify the vendor. |
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| Indemnification/Liability |
| Permitted users and owners of vessels are
responsible for any loss, personal injury, death, and/or damage to property or
persons that may be done to or suffered by third parties, the HDC, or its
personnel, pursuant to permitted activities on piers, wharves, and bulkheads
under HDC control. Permitted users and owners of vessels shall indemnify and
save harmless the HDC against claims for any loss, injury, death and/or damage.
Permitted users and owners of vessels also must give the HDC prompt notice of
any claim or suit which, in any way, affects the HDC or the City of New
Bedford. |
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| The HDC is not responsible
for any liability, theft, fire, or damage to persons or vessels using piers,
bulkheads, or wharves under its control. |
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| Penalties |
| Any violation of HDC regulations may result in the
loss of a permit or the imposition of penalties, at the discretion of the HDC.
Permit revocation may occur only after notice and hearing. Any violation of an
order of the HDC is a violation of the rules. The HDC may impose a penalty not
less than $50 and not more than $300 for any violation of its rules, except
where a specific penalty is described below. |
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| Each day that a violation continues constitutes a
separate offense. Furthermore, any violation of these rules is considered a
nuisance, which allows the HDC and/or the City of New Bedford to apply to a
court for an injunction - including a temporary restraining order and/or a
permanent injunction - to prohibit the continuation of the violation. The
following violations shall cause the indicated penalties: |
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- Failure to remove a docked vessel after revocation of a permit or after
order of the Harbormaster - $250;
- Failure to obtain a current dockage permit - $100;
- Depositing waste oil or solvents in the waters of New Bedford or on HDC
piers, wharves, or bulkheads - $300;
- Conducting business on piers and wharves without obtaining a current user
permit - $100;
- Violation of an order of the Harbormaster - $300;
- Failure to adhere to posted parking regulations - $50;
- Mooring of a vessel without permission of the Harbormaster - $100;
- Creation or maintenance of obstruction to navigation - $100;
- Failure to obtain a special permit for floating rafts and other activities
requiring temporary use of waterways under HDC jurisdiction or failure to
comply with a condition imposed under a special permit - $100
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| These penalties are in addition to any amounts due
to the HDC for court costs, expenses, and attorney and other fees incurred by
it in response to a violation. |
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