TITLE XXII
NAVIGATION; HARBORS; COAST SURVEY
Chapter 270-E
VESSEL REGISTRATION AND NUMBERING
Section 270-E:1
270-E:1 Statement of Purpose. –
It is the intent of the general court in this chapter to establish a uniform fee structure and numbering system for all boats using the public waters of the state of New Hampshire, which includes inland waters as well as tidal and coastal waters. This chapter specifies which boats are subject to the boat fee and registration fee, how these revenues are to be allocated and used, and how the registration numbers are displayed.
Source. 1990, 229:1, eff. Jan. 1, 1991.
Section 270-E:2
270-E:2 Definitions. –
In this chapter:
I. "Airboat" means any shallow-draft vessel propelled by an airplane propeller and steered by an airplane rudder or any vessel, including a hovercraft, which is designed to travel on a cushion of air on or within 2 feet of the water, not including any mechanical device which also functions as an airplane.
II. "Commercial vessel" means:
(a) Any vessel used as a common carrier of passengers or property operating on a regular schedule;
(b) Any vessel propelled by electric or mechanical power carrying passengers for hire;
(c) Any such vessel or outboard motor when rented either separately or in connection with camps, cottages, or other real estate; provided, however, any applicant applying for a commercial vessel registration pursuant to this subparagraph shall certify that said application is bona fide and that the applicant does in fact rent the vessel or outboard motor on a regular commercial basis either separately or in connection with the camp, cottage or other real estate under penalty of perjury. The commissioner shall be the sole judge of whether or not the applicant qualifies for a commercial vessel registration pursuant to this subparagraph;
(d) Any such vessel or outboard motor used by the proprietor of any school or camp in which minors are received for compensation, or by any officer, agent or employee of such proprietor for the transportation of minors;
(e) A vessel used primarily for commercial purposes which, in the case of vessels used for tidal and coastal waters, is verified by the department of safety by means of a notarized document affirming that the vessel is so used. This documentation shall include, where applicable, the individual's national marine fisheries identification number, federal tax identification number filed with the department of revenue administration, a copy of the New Hampshire saltwater fishing license number, a copy of the New Hampshire commercial lobster license, a copy of the Certificate of Documentation from the United States Coast Guard, a statement declaring the commercial use of the vessel, a declaration that the vessel is not used for more than 14 days for noncommercial use, and an acknowledgment that falsification of any information is a violation. For the purposes of this paragraph "primarily for commercial purposes" means that the vessel is not used for more than 14 days of noncommercial use per registration year.
III. "Commissioner" means the commissioner of the department of safety.
IV. "Common carrier" means any person who undertakes, directly, or by his agent or under a lease or any other arrangement, to transport passengers or property on the public waters of the state operating on a regular schedule, for compensation.
V. "Department" means the department of safety.
VI. "Documented vessel or motorboat" means a vessel or motorboat for which a certificate of documentation has been issued by the United States Coast Guard.
VII. "Manufacturer or dealer" means any person engaged in the business of manufacturing or dealing in vessels or outboard motors.
VIII. "Motorboat" means a watercraft of any size equipped with propelling machinery, whether or not the machinery is the principal source of propulsion.
IX. "Numbers and numbering" means the appropriate number and the process of issuing identification numbers and a numbers certificate for a vessel or motorboat.
X. "Private vessel" means any vessel, not a commercial vessel, propelled by electric, human or mechanical power used exclusively for pleasure purposes by its owner, or others with his permission.
X-a. "Rental agent" means any person, as defined in RSA 270:2, II, accepting money or other valuable consideration for the temporary use of vessels, provided to members of the general public.
XI. "State of principal use" means the state on whose waters a vessel is used, or is to be used, the most during the calendar year.
XI-a. "Tender" means any small motorized vessel with less than a 5 horsepower engine less than 9 feet in length and used primarily for transportation to and from a primary vessel to which it is registered.
XII. "Vessel" means every description of watercraft, other than seaplanes, used or capable of being used as a means of transportation on water.
Source. 1990, 229:1. 1992, 132:3. 1994, 38:2. 1995, 273:3. 2009, 298:2, eff. Jan. 1, 2010.
Section 270-E:3
270-E:3 Registration Required. –
I. No person shall put, place, or operate a vessel on any waters of the state, including tidal and coastal waters and all inland waters, unless the vessel is registered as required in this chapter or is exempt as provided in RSA 270-E:4.
II. The department shall furnish a registration certificate or temporary registration certificate and a vessel number to any person who meets the registration requirements. The certificate shall be kept upon the vessel at all times it is being operated, and the certificate shall be open to examination by any duly authorized representative of the department, peace officer, fish and game officer, or representative of the Pease development authority, division of ports and harbors upon request. A person who refuses to produce the certificate upon request or who fails to keep the certificate on the vessel shall be guilty of a violation.
III. Application for registration shall be in such form and contain such information as the commissioner shall determine. The fees required by RSA 270-E:5 shall accompany the application. The application shall request the principal use of the vessel and ask whether the vessel is to be registered for tidal and coastal waters. The application shall also contain the following statements:
(a) "Mark the principal use of this vessel, check only one box."
(b) "If this application is for a boat with temporary or permanent sleeping and toilet facilities (houseboat) and it will be moored at one location in New Hampshire, state where it will be moored. If it is not to be moored at one location in New Hampshire, notification to the New Hampshire department of environmental services of the places of mooring of the houseboat is required in accordance with the provisions of RSA 270-A."
IV. Every application for the registration of a vessel subject to the boat fee imposed by RSA 72-A:2 shall be accompanied by a receipt showing the payment of the fee or the fee required by RSA 72-A:2.
V. All registrations issued under this chapter shall expire on December 31 next following the date of issuance unless sooner terminated by the department.
VI. [Repealed.]
VII. The department shall issue decals consistent with the federal vessel numbering system indicating the expiration of the registration.
VIII. The commissioner may authorize any person to act as an agent of the department for the purpose of processing registration applications.
IX. The department shall furnish joint registration numbers to any person registering a primary vessel and a tender vessel. The tender vessel shall bear the same registration number as the primary vessel followed by a dash and the numeral one, written as "-1".
Source. 1990, 229:1. 1994, 38:3. 1995, 199:1. 1996, 228:108. 2000, 55:3. 2001, 290:13, eff. July 1, 2001. 2014, 240:1, eff. Jan. 1, 2015. 2015, 242:8, eff. Sept. 11, 2015.
Section 270-E:4
270-E:4 Exemptions From Registration. –
The following vessels shall be exempt from registration in this state:
I. Sailboats under 12 feet in length, rowboats and canoes powered by sail, oars, paddles, or other human power. Any vessel which has an inboard or outboard motor shall not be exempt from registration except as provided in paragraph II.
II. Vessels registered in another state or country temporarily using the waters of this state for not more than 30 consecutive days.
III. Vessels owned or operated by the United States government.
Source. 1990, 229:1, eff. Jan. 1, 1991.
Section 270-E:5
270-E:5 Registration Fees. –
I. The registration fees for commercial, private, and pleasure vessels, including rentals and airboats shall be as follows:
| (a) Up to and including 16 feet | $24 |
| (b) 16.1 feet to 21 feet | $34 |
| (c) 21.1 feet to 30 feet | $52 |
| (d) 30.1 feet to 45 feet | $72 |
| (e) 45.1 feet and over | $92 |
II. In addition to the fees required by paragraph I there shall be the following registration fees:
(a) $9.50 for each registration specified in paragraph I. The fees collected under this subparagraph shall be paid into the lake restoration and preservation fund established under RSA 487:25.
(b) $1 for each registration required by this section. The fees collected under this subparagraph shall be paid into the fish and game search and rescue fund established under RSA 206:42.
(c) $5 for each registration processed by an authorized agent of the department who is not an employee of the department. The fees collected under this subparagraph shall be collected and retained by the authorized agent as compensation for processing the registration.
(d) $5 for each registration specified in paragraph I. The surcharge collected under this subparagraph shall be paid into the statewide public boat access fund established under RSA 233-A:13.
(e) $2 for each registration for tidal or coastal waters. The surcharge collected under this subparagraph shall be paid into the harbor dredging and pier maintenance fund established under RSA 12-G:46.
III. A vessel manufacturer or dealer, or a person engaged in vessel repair maintenance, shall pay $5 to the department for an initial registration certificate, and $3 for each additional registration certificate.
IV. The department may issue refunds of the state portion of the registration fee to registrants in cases where a registrant has inadvertently registered the same vessel twice within the same registration period or has overpaid a registration fee or if there is evidence the decals and registration have not been used. Such request shall be submitted within 90 days from the date of registration.
V. A person may obtain a duplicate vessel registration certificate for his or her vessel upon application to the department and payment of a $15 fee.
Source. 1990, 229:1. 1992, 265:7. 1997, 185:1. 2000, 55:7. 2002, 201:1. 2008, 282:6. 2009, 144:144-146, eff. Aug. 28, 2009. 2014, 231:1, eff. Jan. 1, 2015. 2015, 212:1, eff. July 1, 2015; 243:2, eff. Jan. 1, 2016.
Section 270-E:6
270-E:6 Exemption From Registration Fees. –
Although required to register under RSA 270-E:3, vessels owned or operated by the state or any subdivision thereof shall be exempt from registration fees.
Source. 1990, 229:1, eff. Jan. 1, 1991.
Section 270-E:6-a
270-E:6-a Navigation Safety Fund. –
There is established the navigation safety fund which shall be nonlapsing and continually appropriated to the department of safety, division of state police. The state treasurer may invest moneys in the fund as provided by law and all interest received on such investment shall be credited to the fund. The fund shall only be used to promote the safety of navigation and the administration and enforcement of RSA 270, RSA 270-B, RSA 270-D, and RSA 270-E.
Source. 1999, 193:8, eff. July 1, 1999. 2011, 224:220, eff. June 30, 2011. 2013, 144:142, eff. July 1, 2013.
Section 270-E:7
270-E:7 Disposition of Revenues. –
I. Except as provided in paragraph II, all fines collected under this chapter and the amount of fees generated by RSA 270-E:5, I and III shall be deposited in the navigation safety fund established under RSA 270-E:6-a.
II. All fees collected under RSA 270-E:5, I and III for vessels registered for tidal and coastal waters shall be made available to the Pease development authority, division of ports and harbors for the purposes of safety, navigation, training, and administration. Such sums shall be nonlapsing and shall be continually appropriated to the Pease development authority, division of ports and harbors.
Source. 1990, 229:1. 1994, 292:4. 1995, 273:4. 1998, 324:3. 1999, 193:9. 2001, 290:14, eff. July 1, 2001.
Section 270-E:8
270-E:8 Display of Numbers Required. –
I. Every vessel required to be registered in this state shall display the vessel numbers issued to the vessel as part of the registration process, unless the vessel is exempt under the provisions of RSA 270-E:9.
II. The owner shall paint on, attach or otherwise display to each side of the forward half of the vessel the numbers assigned by the department not less than 3 inches in height, with block letters of contrasting color, and they shall be clearly readable when the vessel is being operated. The numbers shall be maintained in legible condition. No numbers other than the numbers validly assigned to a vessel shall be painted, attached or otherwise displayed on either side of the forward half of such vessel.
III. Any person who operates a vessel on the inland or tidal and coastal waters of this state without displaying the vessel numbers and the decal required by this chapter in the manner required by this chapter, unless exempt under the provisions of RSA 270-E:9, shall be guilty of a violation for a first offense and a misdemeanor for a second offense.
Source. 1990, 229:1, eff. Jan. 1, 1991.
Section 270-E:9
270-E:9 Exemptions From Displaying Numbers. –
I. A vessel shall not be required to display a number under this chapter if it is:
(a) Covered by a certificate of numbers in full force and effect which has been issued to it pursuant to federal law or a federally approved numbering system of another state.
(b) A foreign vessel temporarily using waters subject to United States jurisdiction.
(c) A vessel owned, or demise chartered, and operated by the United States government, except a recreational-type public vessel; or a vessel whose owner is a state or subdivision thereof, which is used primarily for governmental purposes, and which is clearly identifiable as such.
(d) A vessel's lifeboat.
(e) A vessel which is documented by the United States Coast Guard or its federal agency successor.
(f) A vessel which is being operated under a temporary certificate.
(g) A nondocumented vessel used exclusively for racing events.
(h) A sailboat under 20 feet in length, or any vessel that is only powered by oars or paddles. Any vessel which has an inboard or outboard motor shall not be exempt from displaying a number except as otherwise provided in this section.
II. A vessel which is exempt from displaying a number but which is otherwise required to be registered in this state shall display a decal issued by the state.
Source. 1990, 229:1, eff. Jan. 1, 1991.
Section 270-E:10
270-E:10 Notice of Transfer; Destruction or Abandonment. –
The owner shall furnish the department written notice of the transfer of all or any part of his or her interest, other than the creation of a security interest, in a vessel registered in this state pursuant to this chapter or the destruction or abandonment of such vessel within 15 days of its transfer, destruction, or abandonment. Such transfer, destruction, or abandonment shall terminate the certificate of numbers for such vessel, except that in the case of a transfer of a part interest which does not affect the owner's rights to operate such vessel, the transfer shall not terminate the certificate of numbers. If a vessel is transferred, the original number shall be retained by the new owner. A person who transfers the ownership of a vessel, upon filing a new application, may have another boat registered in his or her name for the remainder of the period for which the vessel is registered for $5.
Source. 1990, 229:1. 2009, 144:147, eff. Aug. 28, 2009.
Section 270-E:11
270-E:11 Change of Address. –
Any person who has a vessel registered in this state shall notify the department in writing within 15 days if his address no longer conforms to the address appearing on the certificate and shall, as a part of the notification, furnish the department with his new address.
Source. 1990, 229:1, eff. Jan. 1, 1991.
Section 270-E:12
270-E:12 Rulemaking. –
The commissioner shall adopt rules pursuant to RSA 541-A relative to:
I. The information to be contained in an application for registration.
II. Decals necessary to implement this chapter, including temporary decals.
III. Certificates of numbers.
IV. Display of numbers.
V. Reports on change of address.
VI. Destruction, abandonment, sale or transfer of ownership.
VII. The form of annual reports for common carriers.
VIII. The form of accounts and all other records to be kept by common carriers.
IX. The length of time a common carrier shall keep accounts and records.
X. Procedures allowing for registering a vessel for more than one year if feasible.
XI. All matters necessary for the issuance and revocation of authority to act as a boat agent for the department.
XI-a. Procedures, including documentation, for establishing that a vessel qualifies for a commercial boat exemption from the boat fee required by RSA 72-A.
XII. [Repealed.]
XIII. For the rules under this section on vessel numbering, the commissioner may adopt by reference, as amended, the current version of the federal boating safety state numbering system regulations promulgated by the U.S. Coast Guard, Department of Homeland Security, contained in 33 C.F.R. parts 174.3, 174.17-174.19.
Source. 1990, 229:1. 1995, 273:5, eff. July 1, 1995. 2012, 171:26, XI, eff. Aug. 10, 2012. 2023, 116:2, eff. Aug. 29, 2023.
Section 270-E:13
270-E:13 Dealer's Registration. –
I. A manufacturer or dealer of vessels and outboard motors may make application to the department for a general distinguishing number for his vessels.
II. A manufacturer or dealer shall not loan the numbers which have been assigned to him under this chapter to a sub-agent or to any other person. Such numbers may be used on vessels when used in connection with said manufacturer's or dealer's business or for pleasure purposes, but in no case shall they be used on vessels carrying persons or property for hire or compensation.
Source. 1990, 229:1, eff. Jan. 1, 1991.
Section 270-E:14
270-E:14 Temporary Registration. –
A person desiring to register a vessel shall apply for registration and pay the required boat fee and registration fee to the department or an agent of the department. Upon receipt of such application and fees, the department or agent of the department shall issue to the purchaser a receipt for such payment and a decal. The decal issued shall be attached to the vessel. The decal shall be evidence that application has been made for registration, and such vessel or motor may be operated for a period of not more than 30 consecutive days thereafter. Permanent numbers, when received, shall be attached immediately by the applicant.
Source. 1990, 229:1, eff. Jan. 1, 1991.
Section 270-E:15
270-E:15 Suspension of Dealer's Registration; Penalty. –
The commissioner shall have the authority to suspend or revoke the registration of any manufacturer or dealer who violates any of the provisions of this chapter. Any manufacturer or dealer who violates any of said provisions shall be guilty of a misdemeanor.
Source. 1990, 229:1, eff. Jan. 1, 1991.
Section 270-E:16
270-E:16 Repair Numbers. –
I. A person who engages in the business of maintaining or repairing vessels may make application to the department for a general distinguishing number for the boats which he is maintaining or repairing.
II. The commissioner may, if he is satisfied of the facts stated in the application, issue to the applicant a certificate containing the name, residence, and address of the applicant and the general distinguishing number assigned together with such provisions as the commissioner may determine. All vessels being maintained or repaired by said person may, while being maintained or repaired, be regarded as being registered under such distinguishing number, provided the number issued by the commissioner is attached to the vessel.
III. A person to whom such number has been assigned shall not loan the number plates to any person. Such numbers may be used on vessels which are being maintained or repaired by him as part of his business only when such vessels are being operated by the person to whom the plates were issued or a person employed by him. In no case shall such plates be used on vessels for any other purpose.
Source. 1990, 229:1, eff. Jan. 1, 1991.
Section 270-E:17
270-E:17 Revocation of Registration. –
In addition to any other authority provided by law, the commissioner is hereby authorized to revoke or suspend any registration issued pursuant to this chapter or any privilege to operate a boat, or both, upon a showing that:
I. The owner has violated any provision of this chapter, RSA 270, RSA 270-A, RSA 270-B, or any rules adopted under these chapters, or has allowed another person to violate any of these laws or rules.
II. The owner has failed to pay the boat fee required by RSA 72-A:2.
III. The owner is physically or mentally an improper or incompetent person to operate a vessel or is operating improperly or so as to endanger the public.
IV. The owner has defaulted on a court summons arising from a violation of boating laws or rules.
Source. 1990, 229:1. 1991, 369:4, eff. July 2, 1991.
Regulation of Common Carriers
Section 270-E:18
270-E:18 Common Carriers; Applications, Orders. –
I. No person shall operate a vessel as a common carrier of passengers or property on a regular route and schedule between points on public waters of the state, unless the department authorizes the operation.
II. An order authorizing, in whole or in part, an operation for which application is made shall be issued to any qualified applicant.
III. Applications shall:
(a) Be in writing to the department.
(b) Contain the information required by the department.
IV. Conditions for qualification:
(a) The applicant shall be fit, willing and able to properly perform the proposed service.
(b) The applicant shall conform to the provisions of RSA 270 and any rules adopted by the commissioner under RSA 270.
(c) The proposed service shall be for the benefit of the present or future public convenience.
Source. 1990, 229:1, eff. Jan. 1, 1991.
Section 270-E:19
270-E:19 Rates, Charges, and Schedules. –
Every common carrier by water shall establish and charge just and reasonable rates for transportation of passengers or property on the public waters of the state. Such rates and tariffs, together with a schedule of the service offered, shall be published, filed with the department and kept open to public inspection, and no common carrier shall demand or collect or receive a greater or less or different compensation for transportation than the rates specified in the tariff in effect at any time. Any person, organization, or body politic may make complaint in writing to the department that any rate, fare, or charge in effect, or proposed to be put in effect, is or will be unjust or unreasonable. Whenever, after hearing, upon complaint or in an investigation on its own initiative, the department shall be of the opinion that any rate, fare or charge in effect or proposed to be in effect is unjust or unreasonable, the department shall determine and prescribe the lawful rate, fare, or charge thereafter to be observed.
Source. 1990, 229:1, eff. Jan. 1, 1991.
Section 270-E:20
270-E:20 Change in Rates, Charges, and Schedules. –
Unless the department otherwise orders, no change shall be made in any rate, fare, charge or price, which has been filed or published by a common carrier by water in compliance with the requirements hereof, except after 30 days' notice to the department and such notice to the public as the department shall direct.
Source. 1990, 229:1, eff. Jan. 1, 1991.
Section 270-E:21
270-E:21 Reports; Accounts; Records. –
I. The department may require:
(a) Annual reports from all common carriers by water.
(b) Specific answers to any questions deemed necessary by the department.
II. The department or its representative shall have access, at reasonable times, to all accounts, records and other documents of a carrier which relate to RSA 270-E.
Source. 1990, 229:1, eff. Jan. 1, 1991.
Licenses and Inspections
Section 270-E:22
270-E:22 Commercial Vessels; Penalty. –
I. Any person who shall use any commercial vessel or commercial outboard motor on any public waters in this state without a certificate of inspection, or shall act as captain, master, pilot, engineer or operator on any such boat or launch without having passed an examination administered by the department and having been certified by the department in that capacity, or shall so act when his or her certificate has been revoked or suspended, or who shall violate any rule adopted by the department with reference to the inspection, equipment, or operation of such vessels or launches, shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.
II. The commissioner, after hearing, may revoke or suspend the certificate of any captain, master, pilot, or engineer of any commercial vessel for violation of RSA 270 or the rules and regulations prescribed thereunder.
III. All licenses to operate a commercial vessel shall expire 5 years from the date of issuance.
IV. A person who possesses a valid license issued by the federal government shall be deemed to comply with this section.
Source. 1990, 229:1. 2009, 144:148, eff. Aug. 28, 2009.
Section 270-E:23
270-E:23 License Fees. –
There shall be paid to the commissioner for every certificate of captain, master, pilot, or engineer, $15. A certificate shall entitle the holder thereof to act in the capacity named on any vessel of the class described in the certificate. Only one certificate shall be required to entitle the holder thereof to act in any or all of the above capacities on any motorized vessel permitted to carry a maximum of 25 persons. If a person fails the examination required by RSA 270-E:22, I, the person may retake the examination for a fee of $10 paid to the commissioner. The fees paid for re-examinations and for certificates issued under this section shall be deposited in the navigation safety fund established under RSA 270-E: 6-a.
Source. 1990, 229:1. 1999, 193:10. 2009, 144:148, eff. Aug. 28, 2009.
Regulation of Rental Agents
Section 270-E:24
270-E:24 Rental Agent Registration; Fees. –
I. Any person renting or leasing motorized watercraft shall register as a rental agent with the department. Applications for registration shall include the name of the applicant, including any additional names under which the applicant may be doing business, the address or addresses of the applicant and rental locations, the vessel registration numbers of all watercraft available for rent or lease, and the fees required by this section. Upon receiving the completed application for registration, the department shall issue the applicant a rental agent safety certificate.
II. The registration fee for rental agents shall be $25, which shall be deposited in the navigation safety fund established under RSA 270-E:6-a.
III. All rental agency safety certificates shall expire on December 31 of the year in which they are issued.
Source. 2007, 101:2, eff. Jan. 1, 2008.
Section 270-E:25
270-E:25 Prohibitions; Penalties. –
I. No rental agent shall:
(a) Rent or lease any motorized watercraft to any other person without having a rental agent safety certificate. This subparagraph shall not apply to the use of any motorized watercraft which is included in the rental or lease of real property.
(b) Rent or lease any motorized watercraft to any other person without complying with the requirements of RSA 270-D:2-c.
(c) Rent or lease any motorized watercraft to any person who has not provided proof to the rental agent of having met the requirements of RSA 270-D:10.
(d) Rent or lease any motorized watercraft that is unsafe to any other person.
II. Any person violating subparagraph I(a) shall be guilty of a violation for a first or second offense committed within the same calendar year and guilty of a misdemeanor for any subsequent offense committed within the same calendar year.
III. The commissioner may revoke the rental agent safety certificate upon finding that the certificate holder has violated subparagraph I(b), I(c), or I(d).
Source. 2007, 101:2. 2009, 298:3, eff. Jan. 1, 2010.