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;