CHAPTER Fis 1600 STATEWIDE PUBLIC WATERS ACCESS PROGRAM
PART
Fis 1601 CHAPTER DEFINITIONS
Fis
1601.01 Definitions.
(a) “Boat” means “boat” as defined in RSA
270-D:1, I, namely “every description of motorized or non-motorized watercraft other than seaplanes, capable of
being used as a means of transportation on the water and which is primarily
used for noncommercial purposes, or leased, rented, loaned or chartered to
another for such use.”
(b) “Cartop” means a
canoe, kayak, rowboat, sailboat, inflatable boat, paddleboard, or other
watercraft that is:
(1)
Hand-portable to the water’s edge; and
(2)
Able to be launched with or without a developed boat launch area.
(c) “Department” means the New Hampshire fish and
game department.
(d) “Executive director” means the executive
director of the fish and game department.
(e) “Public boat access area” means “public boat
access area” as defined in RSA 233-A: 1, IV, namely “an area adjacent to a
public body of water which is owned or controlled by the state, accessible to
the public, and has been designated by the fish and game department as a boat
launching area under the statewide public boat access program.”
(f) “Trailer” means a vehicle without motive
power that is drawn by a self-propelled vehicle, which is able to be used to
carry a boat or cartop to a public boat access area except:
(1) A
vehicle designed to carry passengers;
(2) A
vehicle capable of providing overnight shelter to persons; or
(3) A
vehicle used exclusively for agricultural purposes.
Source. #7493, eff 5-19-01, EXPIRED: 5-19-09
New. #9492, INTERIM, eff 6-25-09, EXPIRED:
12-22-09
New. #9662, eff 2-25-10; ss by #12546, eff 6-9-18
PART Fis 1602
DEPARTMENT CONTROLLED PUBLIC BOAT ACCESS AREAS
Fis
1602.01 Department-Controlled Public
Boat Access Areas.
(a) The following properties listed in Table 1600.01
shall be designated and maintained by the department as public boat access
areas and shall be subject to Fis 1600, even if these areas are within a larger
department-controlled property such as a wildlife management area (WMA).
(b) Lands controlled by the department which are
adjacent to, but outside of, designated public boat access areas listed in
Table 1600.01 shall be subject to Fis 900.
Table 1600.01 Department-Controlled Public
Boat Access Areas
Table 1600.01 – Department-Controlled
Public Boat Access Areas |
|
|
|
||
Town |
Water Body |
Saltwater Site |
Allenstown |
Archery Pond |
|
Alstead |
Warren Lake |
|
Alton |
Knights Pond |
|
Alton |
Lake Winnipesaukee (Downing’s Landing) |
|
Andover |
Adder Pond (aka Hopkins Pond) |
|
Antrim |
North Branch River (Loveren Mill Road) |
|
Antrim |
Willard Pond |
|
Barrington |
Stonehouse Pond |
|
Barrington |
Swains Pond |
|
Boscawen |
Merrimack River (Rte. 3, near State Forest Nursery) |
|
Bow |
Turee
Pond |
|
Bristol |
Newfound Lake |
|
Brookline |
Potanipo Lake |
|
Cambridge |
Umbagog
Lake |
|
Canaan |
Clarke Pond |
|
Canaan |
Mascoma
River (Rte. 4 at the Enfield town line) |
|
Canterbury |
Morrill Pond |
|
Center Harbor |
Hawkins Pond |
|
Claremont |
Connecticut River (Ashley Ferry) |
|
Clarksville |
Clarksville Pond |
|
Colebrook |
Connecticut River (Colebrook) |
|
Columbia |
Fish Pond |
|
Columbia |
Lime Pond |
|
Concord |
Hoit
Road Marsh (WMA) |
|
Concord |
Hot Hole Pond |
|
Concord |
Merrimack River (Second Street) |
|
Concord |
Merrimack River (Sewalls Falls Rd.) |
|
Concord (East) |
Merrimack River (West Portsmouth St.) |
|
Concord |
Soucook
River (near Rte. 106 and Rte. 393 intersection) |
|
Concord |
Turtletown Pond |
|
Cornish |
Connecticut River (Cornish) |
|
Danbury |
Waukeena Lake |
|
Deerfield |
Pleasant Lake |
|
Derry |
Beaver Lake |
|
Dover |
Barbadoes Pond |
|
Dover |
Bellamy River (Scammell Bridge West) |
|
Dover |
Willand
Pond |
|
Dummer |
Androscoggin River (Bofinger Conservation
Area) |
|
Dunbarton |
Gorham Pond |
|
Dunbarton |
Kimball Pond |
|
Dunbarton |
Stark Pond |
|
Durham |
Great Bay (Adam’s Point) |
|
Eaton |
Hatch Pond |
|
Eaton |
Purity Lake |
|
Enfield |
Cole Pond (Henry Laramie WMA) |
|
Enfield |
Crystal Lake |
|
Enfield |
George Pond |
|
Errol |
Androscoggin River (North Mountain Pond Road) |
|
Franklin |
Webster Lake |
|
Gilford |
Saltmarsh Pond |
|
Gilmanton |
Crystal Lake |
|
Gilmanton |
Manning Lake |
|
Grafton |
Tewksbury Pond |
|
Grantham |
Eastman Lake |
|
Greenfield |
Otter Lake |
|
Greenfield |
Powder Mill Pond |
|
Greenland |
Great Bay (Depot Road) |
yes |
Greenland |
Winnicut River (west) (off of Bayside Road) |
yes |
Greenland |
Winnicut River (east) (off of Portsmouth Ave) |
yes |
Haverhill |
Connecticut River (Bedell Bridge) |
|
Haverhill |
French Pond |
|
Haverhill |
Wood Pond |
|
Henniker |
French Pond |
|
Henniker |
Keyser Pond |
|
Hillsborough |
Farrar Marsh (WMA) |
|
Holderness |
Squam Lake |
|
Hollis |
Flints Pond |
|
Hooksett |
Merrimack River (Lambert Park) |
|
Hopkinton |
Grassy Pond |
|
Kingston |
Powwow Pond |
|
Laconia |
Winnisquam Lake |
|
Lebanon |
Connecticut River (at Blood Brook) |
|
Littleton |
Partridge Lake |
|
Loudon |
Clough Pond |
|
Loudon |
Crooked Pond |
|
Loudon |
Soucook
River (Lower Ridge Road) |
|
Madbury |
Hoyt Pond |
|
Marlboro |
Meetinghouse Pond |
|
Marlow |
Sand Pond |
|
Meredith |
Spectacle Pond |
|
Merrimack |
Horseshoe Pond |
|
Middleton |
Jones Pond |
|
Milan |
Cedar Pond |
|
Milan |
Nay Pond |
|
Millsfield |
Millsfield Pond |
|
New Durham |
Coldrain Pond |
|
New Durham |
Merrymeeting Lake |
|
New Durham |
Merrymeeting Marsh |
|
New Hampton |
Pemigewasset Lake |
|
New Hampton |
Sky Pond |
|
New Castle |
Back Bay (Goat Island) |
yes |
Newmarket |
Lamprey River Access (Young’s Lane) |
yes |
Northwood |
Dole Marsh (WMA) |
|
Northwood |
Lucas Pond |
|
Northwood |
Woodman Marsh (WMA) |
|
Nottingham |
Pawtuckaway Pond (Fundy Cove) |
|
Orford |
Connecticut River (Reed's Marsh WMA) |
|
Orford |
Connecticut River (Orford Ramp) |
|
Ossipee |
Conner Pond |
|
Ossipee |
Garland Pond |
|
Ossipee |
Pine River (Ossipee Lake off Route 25) |
|
Piermont |
Lake Tarleton |
|
Pittsburg |
East Inlet |
|
Pittsburg |
Middle Pond |
|
Pittsburg |
Scotts Bog |
|
Pittsfield |
Suncook River (Frank J. Lyman Park) |
|
Plymouth |
Baker River (Smith Bridge) |
|
Plymouth |
Pemigewasset River (Court House) |
|
Raymond |
Onway
Lake |
|
Rochester |
Baxter Lake |
|
Rumney |
Stinson Lake |
|
Salisbury |
Stirrup Iron Pond |
|
Springfield |
McDaniels Marsh (WMA) |
|
Stewartstown |
Back Pond |
|
Stewartstown |
Big Diamond Pond |
|
Stoddard |
Robb Reservoir |
|
Stratham |
Squamscott River (Chapman's Landing) |
yes |
Sugar Hill |
Streeter Pond |
|
Sunapee |
Perkins Pond |
|
Sunapee |
Wendell Marsh (WMA) |
|
Sutton |
Chadwick Meadow Marsh (WMA) |
|
Swanzey |
Ashuelot River (Rte. 10 near Winchester town line) |
|
Tuftonboro |
Copps
Pond |
|
Tuftonboro |
Melvin River (Pope Dam) |
|
Walpole |
Connecticut River (Hubbard Farm WMA) |
|
Warner |
Simmons Pond |
|
Weare |
Ferrin Pond |
|
Weare |
Mount William Pond |
|
Webster |
Knight Meadow Pond (WMA) |
|
Webster |
Pillsbury Lake |
|
(c) The public boat access areas listed in Table
1600.02 shall be located within the boundaries of property of the New Hampshire
department of natural and cultural resources (DNCR), division of parks and
recreation or division of forests and lands.
(d) The public boat access areas listed in Table
1600.02 shall be subject to:
(1)
Rules Res 7300, 7400, 7800, and 8500, or successor rules of the DNCR;
and
(2) The
requirements of these rules.
Table 1600.02 Department-Controlled
Public Boat Access Areas Located on Property of the DNCR
DNCR property |
Town |
Waterbody |
Bear Brook State Park |
Allenstown |
Archery Pond |
Wellington State Park |
Bristol |
Newfound Lake |
Greenfield State Park |
Greenfield |
Otter Lake |
Bedell Bridge State Park |
Haverhill |
Connecticut River |
Sky Pond State Forest |
New Hampton |
Sky Pond |
Pawtuckaway State Park |
Nottingham |
Pawtuckaway Lake |
Source. #6436, eff 1-22-97; ss by #6877, eff
10-31-98; ss by #7493, eff 5-19-01, EXPIRED: 5-19-09
New. #9492, INTERIM, eff 6-25-09, EXPIRED:
12-22-09
New. #9662, eff 2-25-10; ss by #12546, eff 6-9-18
PART Fis 1603
USE OF DEPARTMENT-CONTROLLED PUBLIC BOAT ACCESS AREAS
Fis
1603.01 General Standards and
Restrictions Regulating Use of a Public Boat Access Area.
(a) Public use of the department's public boat
access areas listed in Table 1600.01 shall be accessible 24 hours a day, year
round, without charge to all members of the public for ingress and egress and
the launching and retrieving of boats, unless:
(1)
Closed or restricted to public use under (b) below;
(2)
Limited by any other restriction imposed by Fis 900; or
(3)
Limited by rules at areas referenced in Fis 1602.01(d).
(b) A public boat access area, or any portion
thereof, shall be temporarily closed or restricted to use if the executive
director or his or her designee finds such action reasonably necessary to:
(1)
Construct, install, replace, repair, or maintain the physical capital
improvements of the public boat access area;
(2)
Protect against a specific risk to public health or safety;
(3)
Reduce actual or threatened vandalism; or
(4)
Protect the natural and historical resources, or other features of the
public boat access area.
(c) All activities undertaken at a public boat
access area shall be at the sole risk of the person or persons engaged in the
activity pursuant to RSA 212:34.
(d) Swimming shall be prohibited at all public
boat access areas.
(e) Owners or custodians of dogs at properties
listed in Table 1600.01 and Table 1600.02 shall:
(1)
Control the animal by leash at all times; and
(2)
Clean up and remove all waste from the animal from the site.
(f) No person shall dispose of household or
commercial rubbish, garbage, trash, debris, dead animals, pet waste, sewage, or
solid waste material of any kind from a boat, recreational vehicle, or other
vehicle at a public boat access area except:
(1) In
those places where trash receptacles are provided for such purposes; and
(2)
Only to the extent that the materials are generated by allowable and
permitted activities at the site.
(g) No person shall consume or possess any open
container of liquor or alcoholic beverage as defined by RSA 175:1 while at a
public boat access area.
(h) No person shall sleep overnight at a public
boat access area, whether in a vehicle, on the ground, in a tent, or within any
other camping device.
(i) No vehicle,
vehicle with an attached trailer, or trailer shall be parked at a public boat
access area for a period longer than 24 consecutive hours, unless in accordance
with a special use permit issued in accordance with these rules.
(j) No person shall create a campfire or use any
form of a portable grill in a public boat access area.
(k) No person shall ignite or display fireworks
of any type at any public boat access area at any time.
(l) No person shall engage in target shooting
with a firearm, air gun, muzzleloader, bow and arrow, or crossbow at a public
boat access area at any time.
(m) No person shall discharge a firearm, air gun,
muzzleloader, bow and arrow or crossbow within a public boat access area,
unless lawfully engaged in the taking of wildlife and in full conformance with
Title 18 of the New Hampshire Revised Statutes Annotated, and all rules adopted
in accordance with that title.
(n) No person shall feed or bait wildlife at any
public boat access area at any time.
(o) No person shall remove, destroy, or damage
any tree, shrub, vine, or terrestrial plant, or any part thereof, at a public
boat access area.
(p) No person shall introduce, abandon, or leave
any plant, aquatic, or terrestrial life, or other foreign object or item on a
public boat access area except in compliance with RSA 487:16-c or RSA 487:16-d
of the New Hampshire clean lakes program.
(q) Motor vehicles or vehicles with trailers
shall be operated, occupied, parked on roads, parking areas, ramps, and other
designated areas in accordance with:
(1)
Applicable state motor vehicle laws and rules;
(2) All
posted site restrictions, and the directional, guide, parking, or regulatory
signs posted at the public boat access area; and
(3) The
commands of a law enforcement officer, or department employee who is seeking to
maintain order and the safety of users at the site.
(r) Vehicles with attached trailers or cartop
vehicles shall be parked only in designated areas.
(s) No person shall park any vehicle without an
attached trailer in an area which has been designated for parking of vehicles
with an attached trailer.
(t) If the public boat access area is filled to
capacity, the area shall be closed to entry by additional vehicles and trailers
for parking until such time as additional parking is available.
(u) Any motor vehicles or trailers operated,
occupied, used, or parked in violation of any state motor vehicle law or posted
site restrictions, or directional, guide, parking, or regulatory signs at the
public boat access area shall be subject to:
(1)
Appropriate citation by a law enforcement officer;
(2) If
unattended, towing and storage at the owner’s expense; or
(3)
Both.
(v) Any boat found unattended in a sunken,
beached, or drifting condition shall be subject to the provisions of RSA 270-B.
All boats left on a public boat access area in violation of this section shall
be subject to removal and disposal pursuant to RSA 471-C: 14. In the event the value of the craft exceeds
$250.00, the matter shall be referred to the department of justice, seeking
assistance to obtain appropriate legal relief against the apparent owner of the
craft.
(w) No person shall block or obstruct the
pedestrian or vehicular ingress or egress to a public boat access area, other
than:
(1) A
law enforcement officer; or
(2)
Department personnel, or their agents or contractors, while acting in
performance of their duties of management, construction, repair, or
improvements to such properties.
(x) No person shall conduct any form of
soliciting or canvassing at a public boat access area.
(y) No person shall withdraw or discharge water
at a public boat access area for the following reasons, unless in the conduct
of federal, state, county, or municipal public safety training or emergency
operations:
(1)
Application of hydro-seeding materials, mixing or cleansing of
equipment;
(2)
Application of pesticides, mixing or cleansing of equipment;
(3) Construction dust control; or
(4) Movement
of untreated or treated waters for use in pools or spas.
(z) In the absence of a special use permit
obtained in accordance with Fis 1603.02 and Fis 902.03, no person shall:
(1)
Attach, affix, or mount any commercial or private numerals, notice, or
advertisement of any description, including geocaching or letterboxing, to a
department kiosk, gate, tree, or a physical improvement;
(2)
Construct or alter a permanent or temporary structure, including but not
limited to a tree stand, observation or hunting blind, rope swing, or diving
platform;
(3)
Alter the existing condition of the public boat access area by changing
the flow of storm-water drainage or by removing any material or vegetation from
the site;
(4)
Conduct or cause to be conducted any investigation, including the use of
metal detection equipment, that could discover, yield, or alter a known or
previously unrecorded historic resource, except in cooperation with the
department of natural and cultural resources pursuant to RSA 227-C:9;
(5)
Conduct any organized activity or event that would impede the free
ingress or egress of the general public;
(6)
Land or launch an aircraft or motorized drone; or
(7)
Conduct any form of commercial or non-profit activity or business on the
site, excluding permitted fishing tournaments and state licensed guides
associated with hunting, trapping, and fishing which would serve to:
a.
Consume limited parking sites, or
b.
Exclude other members of the public from free and fair access to the
public boat access area.
(aa) In order to prevent damage to the public boat
access area caused by the practice known as “power loading”, no person at a
public boat access area ramp shall utilize the propulsion forces of an outboard
or inboard motor propeller or jet to assist in the process of either launching
a boat from a trailer into the water or loading a boat from the water on to a
trailer, except to the minimum extent required to maintain control of the boat
against the forces of wind, tide, or current then experienced.
Source. #12546, eff 6-9-18
Fis
1603.02 Special Use Permits.
(a) A special use permit shall be required on all
lands under department control, including public boat access areas under RSA
233-A: 1, IV, for all conduct other than:
(1)
Operation of a licensed guiding service associated with hunting,
trapping, or fishing; or
(2) All
conduct expressly allowed under Fis 1603.02.
(b) Requests for the issuance of a special use
permit shall be made and evaluated in accordance with rule Fis 900 on lands and
waters under department control.
Source.
#12546, eff 6-9-18
PART Fis 1604
RULES APPLICABLE TO PARTICULAR PUBLIC BOAT ACCESS AREAS
Fis
1604.01 Durham - Adams Point Boat
Access to Great Bay. Adams Point in
Durham shall be subject to the following provisions:
(a) No parking shall be permitted on Adams Point
Road;
(b)
The speed limit on Adams Point Road
shall be 20 mph; and
(c) Overflow parking shall be for parking of a
vehicle-trailer combination only.
Source. #12546, eff 6-9-18
PART Fis 1605
MEMORIAL POLICY AT PUBLIC BOAT ACCESS AREAS
Fis
1605.01 Memorial Policy.
(a) No memorial shall be erected, nor shall any
commemorative service be conducted, at a boat access area prior to issuance of
a special use permit by the executive director or designee.
(b) Requests for issuance of a special use permit
for the erection of a memorial or conduct of a commemorative service shall be
made and evaluated in accordance with Fis 905.
Source. #12546, eff 6-9-18
PART
Fis 1606 PUBLIC ACCESS DEFENDER PROGRAM
Fis
1606.01 Purpose. The purpose of this part is to provide guidance
for the operators of non-motorized boats and others making donations to support
the development and maintenance of public boat access areas, pursuant to RSA
233-A:15, hereinafter referred to as the public access defender program and
administered by the boat access coordinator of the department.
Source. #13584, eff 3-24-23
Fis 1606.02 Applicability. This part shall apply to any persons making
donations to the department that are designated for deposit into the statewide
public boat access fund, established by RSA 233-A:13.
Source. #13584, eff 3-24-23
Fis 1606.03 Definitions.
(a)
“Department” means the New Hampshire fish and game department.
(b) “Fund” means the statewide public boat access
fund, established by RSA 233-A:13.
(c)
“Program” means the program for donations by operators of non-motorized
boats and others, established by RSA 233-A:15.
Source. #13584, eff 3-24-23
Fis 1606.04 Donations.
(a) Persons interested in donating to the fund may
download the donation form found on the department’s website at donate-form-nhfg.pdf
(state.nh.us) and mail the completed form, along with their check made
payable to NH Fish and Game Department, to:
New
Hampshire Fish and Game Department
11
Hazen Drive
Concord,
New Hampshire 03301
(b)
Persons may also donate on-line through the donation page on the
department’s website at: https://www.nhfishandgame.com/.
(c)
The department shall also accept in-person donations at the headquarters
building, located at the address in paragraph (a) above.
(d)
Pursuant to RSA 206:33-a, all donations to the program not exceeding
$2,500 shall be accepted with the consent of the fish and game commission. Donations exceeding $2,500 shall also require
approval of the governor and council.
(e)
The program administrator shall be responsible for the promotion and
advertising of the program.
Source. #13584, eff 3-24-23
APPENDIX
RULE |
SPECIFIC STATE STATUTE THE RULE
IMPLEMENTES |
|
|
Fis 1601-1605 |
RSA 233-A:14 |
|
|
Fis 1606.01 |
RSA 206:10, I; RSA 233-A:15 |
Fis 1606.02 |
RSA 206:10, I; RSA 233-A:13 |
Fis 1606.03 |
RSA 206:10, I; RSA 233-A:13 &
15 |
Fis 1606.04 |
RSA 206:10, I; RSA 206-33-a; |
|
|