CHAPTER Pda 100  DEFINITIONS

 

PART Pda 101  DEFINITIONS

 

          Pda 101.01  “Associated facilities” means “associated facilities” as defined in RSA 12-G:2, IV-a, namely, “all property owned or operated by the authority in the vicinity of a state-owned commercial pier, including, but not limited to, roadways, access ways, parking lots, buildings and other structures, boat ramps, equipment, and utilities.”

 

Source.  #7847, eff 3-8-03; ss by # 8146, eff 8-28-04; ss by #8760, eff 11-18-06

 

          Pda 101.02  “Assistant harbor master” means an individual employed by the authority pursuant to RSA 12-G:42, III, who is responsible for the duties described in RSA 12-G:50, IV.

 

Source.  #7847, eff 3-8-03; ss by and moved by #8760, eff 11-18-06 (from Pda 101.01)

 

          Pda 101.03  “Authority” means “authority” as defined in RSA 12-G:2, V, namely “the Pease development authority.

 

Source.  #7847, eff 3-8-03; ss and moved by #8760, eff 11-18-06 (from Pda 101.02)

 

          Pda 101.04  “Barker wharf” means the fixed piers, wharves, docks, and attached floats on or attached to division property in Portsmouth Harbor located on parcel A-1, as identified on the inventory of division property maintained pursuant to RSA 12-G:43 I(e).

 

Source.  #7847, eff 3-8-03; ss by #8760, eff 11-18-06

 

          Pda 101.05  “Berth” means the space allotted to a vessel at a pier and includes slips.

 

Source.  #8298, eff 3-8-05; ss and moved by #8760, eff 11-18-06 (from Pda 101.03)

 

          Pda 101.06  “Board” means “board” as defined in RSA 12-G:2, VI, namely, “the board of directors of the authority.”

 

Source.  #7847, eff 3-8-03; ss by # 8146, eff 8-28-04; renumbered by #8298 (from Pda 101.05); ss and moved by #8760, eff 11-18-06 (from Pda 101.04)

 

          Pda 101.07  “Burge wharf” means the fixed piers, wharves, docks, and attached floats on or attached to division property in Portsmouth Harbor located Harbor located on parcel A-2, as identified on the inventory of division property maintained pursuant to RSA 12-G:43 I(e).

 

Source.  #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.06); ss by #8760, eff 11-18-06

 

Pda 101.08  “Business-use pier” means “business-use pier” as defined in RSA 12-G:2, VII-a, namely:

 

          “(a)  The fixed piers, wharves, docks, and attached floats in Hampton Harbor located southeast of the year-round concrete floats of the Hampton Harbor recreational-use pier;

 

          (b)  All fixed piers and attached floats located on Pierce Island in Portsmouth owned by the authority; and

 

          (c)  The fixed piers, wharves, docks, and attached floats south of the state administration building in Rye Harbor.”

 

Source.  #8298, eff 3-8-05); ss by #8760, eff 11-18-06

 

          Pda 101.09  "Charter boat" means any passenger vessel used or offered for use under a contractual arrangement, whether written or oral, by which one or more persons for cash, credit or any other form of valuable consideration use a vessel belonging to another, including:

 

          (a)  Vessels:

 

(1)  Documented or certificated by the U.S. Coast Guard pursuant to 46 CFR; or

 

(2)  Uninspected vessels meeting the requirements of 46 CFR, Subchapter T;

 

          (b)  Ferry boats documented by the U.S. Coast Guard pursuant to 46 CFR; and

 

          (c)  Party boats documented by the U.S. Coast Guard pursuant to 46 CFR.

 

Source.  #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.07); ss and moved by #8760, eff 11-18-06 (from Pda 101.05)

 

          Pda 101.10  “Chief harbor master” means an individual employed by the authority pursuant to RSA 12-G:42, III who is responsible for the duties described in RSA 12-G:50, I.

 

Source.  #8146, eff 8-28-04; renumbered by #8298 (from Pda 101.08); ss and moved by #8760, eff 11-18-06 (from Pda 101.06)

 

          Pda 101.11  “Code of Federal Regulations” (CFR) means the general body of federal regulatory law, including those governing practice and procedure before the federal administrative agencies.

 

Source.  #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.09); ss and moved by #8760, eff 11-18-06 (from Pda 101.07)

 

          Pda 101.12  “Commercial cargo vessel” means any vessel, except a commercial fishing vessel, used to transport property for compensation.

 

Source.  #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.10); ss by #8760, eff 11-18-06

 

          Pda 101.13  "Commercial fishing vessel" means a commercial vessel outfitted and utilized for the taking of any marine species for purposes of sale.

 

Source.  #7847, eff 3-8-03; ss and renumbered by #8146, eff 8-28-04 (from Pda 101.01); renumbered by #8298 (from Pda 101.11); ss and moved by #8760, eff 11-18-06 (from Pda 101.08)

 

          Pda 101.14  “Council” means the division of ports and harbors advisory council appointed in accordance with RSA 12-G:44.

 

Source.  #8298, eff 3-8-05); ss by #8760, eff 11-18-06; ss and moved by #8760, eff 11-18-06 (from Pda 101.09)

 

          Pda 101.15  “Deputy chief harbor master” means an individual employed by the authority pursuant to RSA 12-G:42, III who is responsible for the duties described in RSA 12-G:50, II.

 

Source.  #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.12); ss and moved by #8760, eff 11-18-06 (from Pda 101.10)

 

          Pda 101.16  “Division” means “division” as defined in RSA 12-G:2, X, namely, “the Pease development authority, division of ports and harbors.”

 

Source.  #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.13); ss and moved by #8760, eff 11-18-06 (from Pda 101.11)

 

          Pda 101.17  “Division director” means “division director” as defined in RSA 12-G:2, XI, namely, “the director of the division of ports and harbors.”

 

Source.  #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.14); ss and moved by #8760, eff 11-18-06 (from Pda 101.12)

 

          Pda 101.18  “Emergency repair” means the restoration of a broken component(s) of a vessel, failure of which to do would impede the safe navigation of the vessel.

 

Source.  #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.15); ss by #8760, eff 11-18-06

 

          Pda 101.19  “Harbor master” means an individual appointed by the division under RSA 12-G:42, III, who is responsible for the duties described in RSA 12-G:50, III and Pda 402.03, including responsibility for one or more of the harbor areas specified in Pda 402.05.

 

Source.  #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.16); ss and moved by #8760, eff 11-18-06 (from Pda 101.13)

 

          Pda 101.20  "Length overall" (LOA) means the distance in feet of the vessel from stem to stern plus the length of any pulpits, anchors, davits, swim platforms, dinghies, or other attachments to the vessel.

 

Source.  #7847, eff 3-8-03; ss and renumbered by #8146, eff 8-28-04 (from Pda 101.16); renumbered by #8298 (from Pda 101.17); ss and moved by #8760, eff 11-18-06 (from Pda 101.14)

 

          Pda 101.21  “Marine terminal wharves” means the fixed piers, wharves, docks, and attached floats on or attached to division property located on Market Street in Portsmouth, but excluding the Barker wharf and the Burge wharf.

 

Source.  #7847, eff 3-8-03; ss and renumber by #8146, eff 8-28-04 (from Pda 101.17); renumbered by #8298 (from Pda 101.18); ss by #8760, eff 11-18-06

 

Pda 101.22  “Marine terminal yard” means all landside property owned or operated by the authority in the vicinity of the marine terminal wharves, including, but not limited to, roadways, access ways, parking lots, buildings and other structures, boat ramps, equipment, and utilities, but excluding the shore facility.

 

Source.  #7847, eff 3-8-03; ss and renumbered by #8146, eff 8-28-04 (from Pda 101.18); renumbered by #8298 (from Pda 101.19); ss by #8760, eff 11-18-06

 

Pda 101.23  “Mooring” means a mooring anchor, or other object, structure, apparatus or stationary point, whose purpose is to provide for securing a vessel to the bottom of state tidal waters and which is designed to be left in position permanently or on a seasonal basis, including, but not limited to, floats and rafts, together with attached anchors, chains, cables, ropes, pennants and related equipment, with or without a mooring buoy.

 

Source.  #8760, eff 11-18-06 (formerly Pda 101.15)

 

          Pda 101.24  “Mooring anchor” means any anchor or weight which is designed to rest on the bed or to be buried in the bed of state tidal waters, attached by a chain, cable, rope or other mechanism to a mooring buoy, and left in position permanently or on a seasonal basis.

 

Source.  #8760, eff 11-18-06 (formerly Pda 101.16)

 

          Pda 101.25  “Mooring buoy” means any float or marker which is attached to a mooring anchor that is either suitable for attachment to a vessel through the use of a pennant or other device or facilitates the attachment of the vessel to the mooring anchor.

 

Source.  #8760, eff 11-18-06 (formerly Pda 101.17)

 

          Pda 101.26  “Pier” means a structure extending into the water from a shore or bank or along a shore or bank which provides for the transfer of cargo or passengers or the berthing for ships, and includes but is not limited to, wharves, quays and docks.

 

Source.  #8760, eff 11-18-06 (formerly Pda 101.18)

 

          Pda 101.27  “Pier use permit” means an annual pier use permit or a single-use pier permit issued under Pda 600.

 

Source.  #8760, eff 11-18-06

 

          Pda 101.28  “Portsmouth pier berthing area” means the area(s) of the state-owned commercial pier and associated facilities located at Portsmouth and designated by the division director or designee for the berthing of vessels.

 

Source.  #8760, eff 11-18-06

 

          Pda 101.29  “Recreational-use pier” means “recreational-use pier” as defined in RSA 12-G:2, XIX-a, namely:

 

          “(a)  The fixed pier and attached floats located north of the state administration building at Rye Harbor; and

 

          (b)  The fixed pier and attached year-round concrete floats located northwest of the business-use pier at Hampton Harbor.”

 

Source.  #8760, eff 11-18-06

 

          Pda 101.30  “Shore facility” means all landside property owned or operated by the authority in the vicinity of the Barker and Burge wharves, including, but not limited to, roadways, access ways, parking lots, buildings and other structures, boat ramps, equipment, and utilities.

 

Source.  #8760, eff 11-18-06

 

          Pda 101.31  “Skiff” means a pram, dinghy, or other small boat not exceeding 16' in length.

 

Source.  #8760, eff 11-18-06

 

          Pda 101.32  “Skiff dock” means the designated area of a state-owned commercial pier where a skiff may be secured.

 

Source.  #8760, eff 11-18-06

 

          Pda 101.33  “Slip” means “slip” as defined in RSA 12-G:2, XXII-a, namely, “a volume of water at least 25 feet long, 8 feet wide, and 3 feet deep as measured at normal high tide and located adjacent to a structure such as a dock, wharf, or pier to which a vessel may be secured.”

 

Source.  #8760, eff 11-18-06

 

          Pda 101.34  “State” means “state” as defined in RSA 12-G:2, XXIII, namely, “the state of New Hampshire.”

 

Source.  #8760, eff 11-18-06 (formerly Pda 101.19)

 

          Pda 101.35  “State-owned commercial pier” means “state-owned commercial pier” as defined in RSA 12-G:2, XXIII-a, namely, “any business-use or recreational-use pier owned by the state and located at Portsmouth, Rye Harbor, or Hampton Harbor.”

 

Source.  #8760, eff 11-18-06

 

          Pda 101.36  “State-owned slip” means a slip located at a state-owned commercial pier or a state-owned restricted pier.

 

Source.  #8760, eff 11-18-06

 

          Pda 101.37  “State-owned restricted pier” means the Barker wharf, the Burge wharf, or the Marine terminal wharves.

 

Source.  #8760, eff 11-18-06

 

          Pda 101.38  “State tidal waters” means “state tidal waters” as defined in RSA 12-G:2, XXIII-b, namely, “any harbor, or other tidal waters within the state.”

 

Source.  #8760, eff 11-18-06 (formerly Pda 101.20)

 

          Pda 101.39  “Tidal waters” means “tidal waters” as defined in RSA 12-G:2, XXIV-a, namely, “any waters, including rivers, that rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun.  Tidal waters end where the rise and fall of the water surface can no longer be measured in a predictable rhythm due to masking by hydrologic, wind, or other effects.”

 

Source.  #8760, eff 11-18-06 (formerly Pda 101.21)

 

          Pda 101.40  “Vessel” means “vessel” as defined in RSA 12-G:2, XXV, namely, “boats of all sizes propelled by sail, machinery, or hand, scows, dredgers, shellfish cars, barges, seaplanes, personal water craft, and craft of every kind, including but not limited to non-displacement craft, used or capable of being used as a means of transportation or storage on water.”

 

Source.  #8760, eff 11-18-06 (formerly Pda 101.22)

 

Pda 101.41  “Welding and hot work” means the use of tools or operations in the construction, maintenance, or repair of a vessel, pier, or the shore facility involving open flames or producing heat or sparks, including the burning, cutting, riveting, or bonding of metal by applying heat, sometimes with pressure and sometimes with an intermediate or filler metal having a high melting point.

 

Source.  #8760, eff 11-18-06

 

CHAPTER Pda 200 – RESERVED

 

CHAPTER Pda 300  PORT CAPTAINS, PILOTS AND PILOTAGE

 

PART Pda 301  DEFINITIONS

 

          Pda 301.01  “Allision” means the running of one vessel into or against another vessel or object.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.02  “Coastwise vessel” means a vessel navigating the waters of the Atlantic Ocean or Gulf of Mexico exclusively between ports of the United States.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.03  “Deadweight capacity tonnage” means the weight per 1000 kilograms of cargo, stores, fuel, passengers and crew carried by a vessel when the vessel is loaded to its maximum summer loadline as indicated by the draft marks on a vessel.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.04  “Demurrage” means the sum fixed by a contract of carriage, or which is allowed, as remuneration to the owner of a vessel from the detention of the vessel beyond the number of days allowed by the charter party for loading and unloading or for sailing.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

         

          Pda 301.05  “Emergency” means a situation that requires immediate action to protect the health and safety of individuals or to prevent damage to property or the environment, including, but not limited to:

 

          (a)  Severe weather conditions; or

 

          (b)  Deteriorating conditions on board a vessel that jeopardize its seaworthiness or the ability of the master of the vessel to control the vessel.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.06  “Exempt vessel” means a vessel:

 

          (a)  The sole use of which is for fishing or for non-commercial pleasure;

 

          (b)  That has a gross tonnage of 150 gross tons or less; or

 

          (c)  Is a United States flagged coastwise vessel under direction and control of a federal pilot who is authorized to act as a pilot pursuant to 46 CFR 15.812 (12-24-13 edition).

 

Source.  #7870, eff 4-12-03; amd by #8147, eff 8-28-04; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.07  “Federal pilot” means an individual who holds a valid pilot’s license issued by the United States Coast Guard pursuant to 46 CFR 15.812 (12-24-13 edition).

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.08  “Gas freeing” means the removal of residual chemical or petroleum liquids and vapors from vessel compartments either by the removal of liquids with a hose and vacuum system or by the dilution of vapors.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.09  “Gross tons” means “gross tonnage” as calculated in accordance with 46 CFR Part 60 (03-31-16 edition).

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.10  “Incident” means any one of the following occurrences:

 

          (a)  An accidental grounding;

 

          (b)  An intentional grounding, collision, or allision that creates a hazard to navigation, the environment, or the safety of the vessel;

 

          (c)  An unintentional collision or allision with any vessel or object;

 

          (d)  Loss of life related to the operation of a vessel;

 

          (e)  Serious physical injury related to the operation of a vessel;

 

          (f)  Any occurrence resulting in damage to a vessel or other property which can reasonably be expected to be in excess of $10,000, excluding the cost of salvage, cleaning, gas-freeing, dry docking, or demurrage; or

 

          (g)  Any boarding or unboarding occurrence that places a pilot in peril.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.11  “Line of demarcation” means a line drawn from the southernmost tower on Gerrish Island, Maine charted in approximate position latitude 43° 04.0’ N longitude 70° 41.2’ W to Whaleback Light, thence to Jaffrey Point Light 2A, thence to the northeasternmost extremity of Frost Point.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.12  “Master of a vessel” means the person in command of a vessel.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.13  “Passage” means any instance of travel of a vessel under direction of a pilot between 2 points within the pilotage area.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.14  “Pilot” means an individual appointed by the authority as provided in RSA 12-G:47 and taken on board a vessel for the purpose of piloting the vessel.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.15  “Pilotage” means relating to the act of piloting a vessel.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.16  “Pilotage area” means an area landward of the line of demarcation, including, but not limited to, Portsmouth Harbor and the Piscataqua River up to and including Dover Point, New Hampshire.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.17  “Piloted vessel” means a vessel that has a pilot on board who is piloting the vessel in the pilotage area.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.18  “Piloting” means the act of assisting the master of a vessel in navigating the vessel while it is underway in an area where a pilot is required.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.19  “Round-trip passage” means any combination of passages from the line of demarcation to Dover Point, New Hampshire and back to the line of demarcation.

 

Source.  #7870, eff 4-12-03; renumbered by #8147 (formerly Pda 301.20); ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 301.20  “Squat” means the bodily sinkage and change of trim, which are caused by the pressure distribution on the hull of the vessel, due to the relative motion of water and hull on a vessel underway.

 

Source.  #7870, eff 4-12-03; renumbered by #8147 (formerly Pda 301.21); ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

PART Pda 302  PORT CAPTAINS - RESERVED

 

Source.  #7870, eff 4-12-03

 

PART Pda 303  PILOTS REQUIRED

 

          Pda 303.01  Exempt Vessels; When Pilots Required.

 

          (a)  All vessels, except exempt vessels, shall be piloted at all times by a pilot when underway within the pilotage area.

 

          (b)  A pilot shall be required for a vessel within the pilotage area when the vessel is shifting at berth other than for normal mooring line adjustments due to tide and current fluctuations.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

PART Pda 304 PILOTAGE OF VESSELS

 

          Pda 304.01  Pilotage of Vessels.

 

          (a)  Each vessel of over 10,000 gross tons shall be piloted by a class I pilot as described in Pda 305.01(c).

 

          (b)  Each vessel from 150 to 10,000 gross tons shall be piloted by a class I or class II pilot as described in Pda 305.01(c).

 

          (c)  A vessel shall not enter the pilotage area if the pilot:

 

(1)  Is unfamiliar with the tugboat(s), crew(s), or both, and determines that this unfamiliarity creates a potentially unsafe situation;

 

(2)  Has reason to believe the tugboat(s) is inadequately maintained;

 

(3)  Has reason to believe the crew(s) is inadequately trained; or

 

(4)  Has reason to believe that it is unsafe for the pilot to pilot the vessel for any reason, as determined by the pilot.

 

          (d)  A vessel requiring a pilot in accordance with (a) or (b) above, engaged in towing and underway in the pilotage area, shall use an assist tug when transitioning between towing modes.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; amd by #11159, eff 8-19-16; ss by #12760, eff 4-19-19

 

          Pda 304.02  Pilot Conferences.

 

          (a)  When a pilot boards a vessel for the purpose of piloting the vessel, the pilot shall conduct, as soon as practicable upon boarding, a conference with the master of the vessel and other deck officers on watch on the vessel’s bridge.

 

          (b)  During the conference required under (a) above:

 

(1)  The pilot, the master of the vessel, and the deck officers in attendance shall review and identify the following:

 

a.  The pilot’s proposed route through the pilotage area;

 

b.  The pilot’s proposed course, speed, and squat;

 

c.  Any proposed special maneuvering of the piloted vessel required to transit the pilotage area or berth the piloted vessel; and

 

d.  Any other information deemed relevant by the pilot to promote the safety of the piloted vessel, other vessels in the pilotage area, or the public during transit of the pilotage area or berthing of the piloted vessel; and

 

(2)  The master of the vessel and deck officers shall inform the pilot of the status of all of the piloted vessel’s safety and navigational equipment as well as the overall seaworthiness of the piloted vessel.

 

          (c)  If the pilot is informed by the master of the vessel of any safety or navigational equipment deficiencies of the piloted vessel or deficiencies in the overall seaworthiness of the piloted vessel, the pilot shall promptly notify the United States Coast Guard and the division of such deficiencies.  Upon notification of such deficiencies, the pilot shall determine if the vessel shall enter the pilotage area.

 

          (d)  The pilot shall transmit in writing to the United States Coast Guard and the division, within 7 days of the initial report from the master of the vessel, a list and description of each of the deficiencies reported pursuant to Pda 304.02(c).

 

          (e)  The pilot shall maintain a log summarizing the information obtained during the conference required pursuant to Pda 304.02(a) and (b) above, including at a minimum the information required pursuant to Pda 304.02(b)(1) and the list of equipment deficiencies identified pursuant to Pda 304.02(c).

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

PART Pda 305  APPOINTMENT OF PILOTS; EXPIRATION OR TERMINATION OF APPOINTMENT

 

          Pda 305.01  Appointment, Commissioning, and Removal of Pilots.

 

          (a)  Pursuant to RSA 12-G:47, pilots shall serve at the pleasure of the authority.  Appointment as a pilot by the authority constitutes a privilege and does not convey any property rights of any sort or any exclusive privilege, except as otherwise provided in Pda 300.

 

          (b)  The authority shall appoint, reappoint, and remove pilots, temporary pilots, and emergency pilots as provided in RSA 12-G:47 and Pda 300.

 

          (c)  Pilots shall be appointed as:

 

(1)  Class I pilots who shall be authorized to pilot vessels over 10,000 gross tons or any vessel that could be piloted by a class II pilot;

 

(2)  Class II pilots who shall be authorized to pilot vessels from 150 to 10,000 gross tons;

 

(3)  Class I temporary pilots who shall be authorized to pilot vessels over 10,000 gross tons on a passage-by-passage basis for a limited number of passages as specified in the temporary pilot’s commission;

 

(4)  Class II temporary pilots who shall be authorized to pilot vessels from 150 to 10,000 gross tons on a passage-by-passage basis for a limited number of passages as specified in the temporary pilot’s commission; or

 

(5)  Emergency pilots who shall be authorized to pilot any vessel with the prior express permission of the authority, the authority’s designee, or the division director.

 

          (d)  An initial appointment or reappointment as a pilot under Pda 305.01 shall expire on the same date as the federal license or credential required under Pda 305.06(b)(2)a. if not previously revoked, suspended, or otherwise terminated pursuant to Pda 309.01 - Pda 309.03.  Prior to expiration of an initial appointment, a pilot may seek reappointment as a pilot in accordance with Pda 305.03.  No person shall have any right to appointment or reappointment as a pilot.  All pilot appointments and reappointments are subject to the pleasure of the authority.

 

          (e)  The authority shall appoint Class I and Class II temporary pilots only in circumstances in which sufficient Class I or Class II pilots are not available for any reason, and an emergency appointment under Pda 305.01(f) is not necessary.  A temporary appointment shall terminate once the vessel piloted by a temporary pilot has completed the passage or passages through the pilotage area for which the temporary pilot appointment was approved.

 

          (f)  If an emergency exists and sufficient pilots are unavailable, emergency pilot appointments shall be made in accordance with Pda 305.05 by the division director, or, if the division director is unavailable, by the authority, acting through its designee.  An emergency appointment shall terminate upon notification to the emergency pilot from the authority, the authority’s designee, or the division director that an emergency no longer exists.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 305.02  Pilot Requirements for Initial Appointment as Class I or II Pilot.  Any person seeking an initial appointment as a pilot shall:

 

          (a)  Submit to the division a completed  “Application for Initial Pilot Appointment” as described in Pda 306.01 including all required certifications; and

 

          (b)  Meet the requirements set forth in Pda 305.06 and Pda 305.07.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 305.03  Pilot Requirements for Reappointment as a Class I or II Pilot.  Any person seeking reappointment as a pilot shall:

 

          (a)  Have served an initial term of appointment as a Class I or Class II pilot;

 

          (b)  Submit to the division a completed application form as described in Pda 306.02, including all required certifications, so that the application is received by the division at least 60 days prior to the expiration of the pilot’s current appointment, if the pilot is requesting that the authority act on the request for reappointment prior to the expiration of the pilot’s current appointment; and

 

          (c)  Meet the requirements set forth in Pda 305.06 and Pda 305.08, except Pda 305.06(b)(5) and (7).

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 305.04  Pilot Requirements for Appointment as a Class I or II Temporary Pilot.  Any person seeking an appointment as a temporary pilot shall:

 

          (a)  Submit to the division a completed application form, as described in Pda 306.03, including all required certifications; and

 

          (b)  Meet the requirements set forth in Pda 305.06(b)(1), (2), (4), (6), and (7).

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 305.05  Pilot Requirements for Appointment as an Emergency Pilot; Waiver.

 

          (a)  If the division director or the authority’s designee determines that an emergency exists requiring the appointment of an emergency pilot, any person seeking an appointment as an emergency pilot shall:

 

(1)  Be appointed only if the pilot would be acting within the scope of his or her federal license; and

 

(2)  Meet the requirements set forth in Pda 305.06.

 

          (b)  Without a showing of further cause by the applicant, in an emergency, the division director or the authority’s designee shall waive any of the requirements established under Pda 305.06 that do not conflict with federal pilot regulations, if the division director or the authority’s designee determines that an emergency requires the appointment of an emergency pilot and a waiver of any of the requirements established under Pda 305.06.

 

          (c)  Before appointing the emergency pilot, the division director or the authority’s designee shall orally question the proposed pilot to determine which specific qualifications, if any, established under Pda 305.06 the proposed pilot does not meet.

 

          (d)  The division director or the authority’s designee shall make an emergency pilot appointment requiring a waiver of any of the requirements established under Pda 305.06, after determining that:

 

(1)  The proposed pilot is the best qualified person available for appointment as an emergency pilot; and

 

(2)  The emergency circumstances require that the proposed pilot be appointed, in order to protect the health and safety of individuals or to prevent damage to property or the environment.

 

          (e)  When the division director or the authority’s designee determines that the emergency is over, that person shall orally notify the emergency pilot of the termination of the pilot’s appointment as an emergency pilot.

 

          (f)  A copy of any report regarding appointment of an emergency pilot submitted by the division director or the authority’s designee shall be provided to the person who held the emergency pilot appointment.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 305.06  Minimum Requirements for Pilot Appointment or Reappointment.

 

          (a)  Any appointment or reappointment as a pilot under Pda 305 shall be subject to the pleasure of the authority.

 

          (b)  At a minimum, no applicant for appointment or reappointment as a pilot under Pda 305 shall receive an appointment, except as otherwise provided in Pda 305.03(c) and 305.04(b), unless at the time of the application for appointment or reappointment, the applicant shall:

 

(1)  Be a citizen of the United States;

 

(2)  Hold:

 

a.  A valid license or merchant mariner credential issued by the Coast Guard as master or mate, for ocean, near coastal or inland, for vessels over 1,600 gross tons;

 

b.  A valid Coast Guard pilotage endorsement for Portsmouth Harbor and the Piscataqua River up to and including Dover Point, New Hampshire;

 

c.  A valid Coast Guard radar-observer endorsement; and

 

d.  A bridge resource management certificate from a course approved by the Coast Guard;

 

(3)  Provide the division with:

 

a.  A copy of the pilot’s current medical certificate issued by the Coast Guard; and

 

b.  Documentation that the pilot has complied with the test for dangerous drugs under 46 CFR 16.220 (10-1-14 edition) or that the applicant otherwise met, under 46 CFR 16.230 10-1-14 edition), the Coast Guard’s requirements for random testing;

 

(4)  Be of good professional character by certifying that the applicant has not ever:

 

a.  Been convicted by any court, including a military court, of an offense, other than a minor traffic violation, which conviction has not been annulled;

 

b.  Been convicted of a traffic violation, which conviction has not been annulled, arising in connection with a fatal traffic accident, reckless driving or racing on a highway or public street or operating a motor vehicle while under the influence, or impaired by, alcohol or a controlled drug or substance;

 

c.  Had a driver’s license suspended or revoked for refusing to submit to an alcohol or drug test;

 

d.  Received a Coast Guard letter of warning or been assessed a civil or administrative penalty by a federal or state agency or by a court of competent jurisdiction for violation of maritime or environmental laws; and

 

e.  Voluntarily surrendered or had any Coast Guard license revoked or suspended.

 

(5)  Be of good professional character as attested by recommendations from at least 2 persons holding a valid Coast Guard master or mate’s license attesting that the applicant is of good professional character;

 

(6)  Have knowledge of and training on vessels in the pilotage area sufficient to pilot non-exempt vessels of the tonnage for which the applicant is seeking appointment in a competent and safe manner within the pilotage area; and

 

(7)  Present a recommendation from at least one pilot appointed by the Pease development authority or the former New Hampshire state port authority attesting that the applicant has demonstrated knowledge of the pilotage area and ability to pilot vessels within the pilotage area sufficient to pilot in a competent and safe manner within the pilotage area non-exempt vessels of the tonnage for which the applicant is seeking appointment.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; amd by #11159, eff 8-19-16; ss by #12760, eff 4-19-19

 

          Pda 305.07  Passage Requirements for Initial Appointment.  In addition to the requirements of Pda 305.06, an applicant for an initial appointment shall provide proof in accordance with Pda 306.01(f)(7) that:

 

          (a)  The applicant has made a minimum of 100 round-trip passages in the 36 months preceding the date of receipt of the application by the division as a pilot trainee in the wheelhouse under the direction and control of a pilot appointed pursuant to RSA 12-G:47 or former RSA 271-A:5;

 

          (b)  At a minimum, 25 of the required 100 round-trip passages under (a) above were passages made during the hours of darkness;

 

          (c)  At a minimum, 30 of the required 100 round-trip passages under (a) above were made in the 12 months preceding the date of receipt of the application by the division; and

 

          (d)  Each round-trip passage under (a), (b), and (c) above was made in a vessel applicable to the class of appointment for which the applicant is applying.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 305.08  Pilot Reappointment and Annual Passage Requirements.  An applicant for reappointment by the authority and a pilot certifying passage requirements under Pda 305.09 shall certify that he or she:

 

          (a)  Has made a minimum of 4 round-trip passages in the 12 months preceding the date of the yearly anniversary of the pilot’s appointment or reappointment;

 

          (b)  Has made, at a minimum, one of the required 4 round-trip passages under (a) above during the hours of darkness;

 

          (c)  Has made each passage under (a) and (b) above aboard a vessel requiring a pilot and on which the applicant was acting as the vessel’s pilot; and

 

          (d)  Has made each passage under (a) and (b) above in a vessel applicable to the pilot’s class of appointment.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 305.09  Required Annual Certifications.

 

          (a)  During a term of appointment and within 90 days prior to the yearly anniversary of a pilot’s appointment or reappointment, the pilot shall:

 

(1)  Certify that:

 

a.  The federal license required under Pda 305.06(b) is current and in good standing;

 

b. No action has been taken against the pilot’s federal license required under Pda 305.06(b);

 

c.  The individual’s state driver’s license is current and valid;

 

d.  No action has been taken against the individual’s state driver’s license; and

 

e.  The individual has met the passage requirements of Pda 305.08; and

 

(2)  Provide the division with a copy of a letter from the Coast Guard certifying that the following were received, accepted, reviewed, and determined to be satisfactorily completed by the Coast Guard:

 

a.  A copy of the pilot’s current medical certificate issued by the Coast Guard; and

 

b.  Documentation that the pilot has complied with the test for dangerous drugs under CFR 16.220 (10.1.14 edition) or that the applicant otherwise met, under 46 CFR 12.230 (10-1-14 edition), the Coast Guard’s requirements for random testing.

 

          (b)  Failure to submit the annual certifications required under (a) above shall result in the following:

 

(1)  The pilot’s license under Pda 305 shall become invalid and remain invalid until the pilot provides the required certifications, provided that the certifications are received by the division no later than 30 days after the license becomes invalid;

 

(2)  If the division receives the required certifications 30 days after the license became invalid, the license shall become valid upon receipt of the certifications; and

 

(3)  If a pilot does not submit the required certifications within the time required under (1) above, the license shall expire.

 

Source.  #9891-A, eff 4-1-11; amd by #11159, eff 8-19-16; ss by #12760, eff 4-19-19

 

PART Pda 306  FORMS

 

          Pda 306.01  Application Form for Initial Pilot Appointment.

 

          (a)  Each person seeking an initial appointment as a pilot shall complete  the “Application for Initial Pilot Appointment” provided by the division and deliver or mail the completed application to:

 

Pease Development Authority

Division of Ports and Harbors

555 Market Street

Portsmouth, NH  03801

 

          (b)  The applicant shall provide the following on the “Application for Initial Pilot Appointment”:

 

(1)  The applicant’s full legal name;

 

(2)  The applicant’s maiden name or other names used by the applicant, if applicable;

 

(3)  The applicant’s date and place of birth;

 

(4)  The address of the applicant’s residence, including:

 

a.  Street and number;

 

b.  City or town;

 

c.  State; and

 

d.  Zip code;

 

(5)  Mailing address, if different from residence address;

 

(6)  The applicant’s home telephone number;

 

(7)  The applicant’s mobile/cell telephone number, if the applicant has a mobile/cell telephone;

 

(8)  The applicant’s fax number, if the applicant has a fax machine;

 

(9)  The applicant’s e-mail address, if the applicant has an e-mail address;

 

(10)  The name of and information required under (4) - (9) relating to the applicant’s business, if applicable;

 

(11)  The class of pilot licensure for which the applicant is applying;

 

(12)  The applicant’s employment history relating to piloting or operation of vessels within the past 5 years, including:

 

a.  The name and address of any previous employer;

 

b.  Where and when the applicant was employed;

 

c.  The type and gross tonnage of vessels on which the applicant was employed; and

 

d. The positions held and the dates when the positions were held under previous employers;

 

(13)  A list of harbor areas where the applicant has served as pilot, including a description of any special navigational features associated with each harbor area, including, but not limited to:

 

a.  Exceptional currents or tides; or

 

b.  Difficult navigational obstructions; and

 

(14)  A description of the training the applicant has received pertaining to pilotage skills.

 

          (c)  The applicant shall indicate on the application whether the applicant:

 

(1)  Was ever convicted of violating a controlled drug law of the United States, District of Columbia, or any state, or territory of the United States, including NH RSA 318-B, Controlled Drug Act, and laws relating to possession, use or sale of marijuana, which conviction has not been annulled;

 

(2)  Has ever tested positive for a controlled drug, including marijuana, within the past 180 days, or has ever refused a test for a controlled drug;

 

(3)  Was ever convicted by any court, including a military court, for an offense other than a minor traffic violation, which conviction has not been annulled;

 

(4)  Was ever convicted of a traffic violation, which conviction has not been annulled, arising in connection with a fatal traffic accident, reckless driving, racing on the highway, or operating a motor vehicle while under the influence of or impaired by alcohol or a controlled drug;

 

(5)  Has ever had his or her driver’s license revoked or suspended for refusing to submit to an alcohol or drug test;

 

(6)  Was ever given a Coast Guard letter of warning or assessed a civil or administrative penalty by a federal or state agency or a court of competent jurisdiction for violation of maritime or environmental laws; and

 

(7)  Has ever had any Coast Guard license or document voluntarily surrendered, revoked, or suspended.

 

          (d)  If there is an affirmative response to any of the items listed in subparagraphs (c)(1) - (7) above, the applicant shall attach an explanatory statement(s) to the application. If the applicant responds affirmatively to:

 

(1)  Subparagraph (c)(1), the applicant shall attach a statement describing the violation and sentence;

 

(2)  Subparagraph (c)(2), the applicant shall attach a statement explaining the circumstances of such refusal or positive drug test result;

 

(3)  Subparagraph (c)(3) or (4), the applicant shall attach copies of any court order or judgment rendered;

 

(4)  Subparagraph (c)(5), the applicant shall attach a statement describing the grounds for the revocation and conviction, and supply the name of the state issuing the license;

 

(5)  Subparagraph (c)(6), the applicant shall attach a copy of the  letter of warning and/or penalty assessment; and

 

(6)  Subparagraph (c)(7), the applicant shall attach a statement describing the action taken by the Coast Guard and the reasons for the action;

 

          (e)  The applicant shall sign and date the application form, indicating agreement to the following statement relating to (d) above:

 

“I have attached a statement of explanation for all areas marked “yes” above.  I have signed this section with full understanding that a false statement is a basis for denial of the application as well as criminal prosecution.  I understand that failure to answer every question may delay my application.”

 

          (f)  The applicant shall include, as part of the application:

 

(1)  A copy of a government-issued photo identification card of the applicant, such as a:

 

a.  State-issued driver’s license;

 

b.  Merchant Marine identification document; or

 

c.  Valid United States passport;

 

(2)  A certified copy of the applicant’s current license issued by the Coast Guard as master or mate, for ocean, near coastal, or inland, for vessels over 1,600 gross tons that includes the applicant’s:

 

a.  Coast Guard pilotage endorsement for Portsmouth Harbor and the Piscataqua River up to and including Dover Point, New Hampshire;

 

b.  Valid Coast Guard radar-observer endorsement; and

 

c.  Bridge resource management certificate from a course approved by the Coast Guard;

 

(3)  A copy of the record of any appointment granted to the applicant by the Pease development authority or the former New Hampshire port authority;

 

(4)  A copy of the applicant’s military record, if the applicant has such a record;

 

(5)  At least 2 letters attesting to applicant’s professional character from persons who hold a valid Coast Guard master or mate’s license;

 

(6)  At least one letter of recommendation prepared in accordance with Pda 305.06(b)(7) from a pilot appointed by the Pease development authority or the former New Hampshire port authority; and

 

(7)  Documentation that the applicant has met the passage requirements of Pda 305.07, including:

 

a.  Description of the pilotage route for each passage;

 

b.  The name, gross tonnage and official number, if applicable, of the vessel on which each passage was made;

 

c.  The inbound or outbound beginning and ending times for each passage; and

 

d.  Certifying signatures of the master of the vessel and the pilot for each passage.

 

          (g)  The applicant shall certify whether or not the applicant:

 

(1)  Is a citizen of the United States of America;

 

(2)  Was ever refused an authorization to pilot a vessel;

 

(3)  Was ever convicted of a felony or misdemeanor, which has not been annulled;

 

(4)  Was ever treated by a physician for drug or alcohol addiction or abuse;

 

(5)  Was ever hospitalized for any mental or emotional illness within the past year;

 

(6)  Has ever had a mental or physical illness or disability that restricted the applicant’s ability to operate as a pilot for more than 30 days;

 

(7)  Has ever held an authorization to pilot vessels in New Hampshire or any other state or jurisdiction that has been suspended or revoked; and

 

(8)  Holds a valid license issued by the Coast Guard as master or mate, for ocean, near coastal, or inland, for vessels over 1,600 gross tons that includes a:

 

a.  Valid Coast Guard pilotage endorsement for Portsmouth Harbor and the Piscataqua River up to and including Dover Point, New Hampshire;

 

b.  Valid Coast Guard radar-observer endorsement; and

 

c.  Bridge resource management certificate from a course approved by the Coast Guard.

 

          (h)  An applicant  who indicates they are not a citizen of the United States of America in certifying (g)(1), or who answers affirmatively in certifying (g)(2)-(7) shall submit an explanatory report that includes:

 

(1)  A complete explanation of the circumstances which cause any certifying statement in (g)(1) - (7) to be  preliminarily disqualifying; and

 

(2) For each circumstance which causes a statement in (g)(1) – (7) to be preliminarily disqualifying, an explanation as to why the authority should not find it to be grounds for denying the applicant’s appointment as a pilot.

 

          (i)  The form shall then be signed and dated.  By signing the application form, the applicant shall certify that the information provided in the application is true, to the best of the applicant’s knowledge.

 

          (j)  The form shall contain the following certification language:

 

“I certify that the statements and information in the enclosed documents are to the best of my knowledge and belief true, accurate and complete.  I am aware that my appointment as a pilot may be withdrawn or suspended by the Pease Development Authority for submitting false statements and information or omitting required statements and information.”

 

          (k)  The application shall require the applicant to separately sign and date a release authorization for a background investigation, as follows:

 

“To all courts, probation departments, Selective Service boards, employers, physicians, health care facilities, health care providers, educational institutions, and government, including all agencies and departments thereof:

 

I, ___________________, as an applicant for appointment by the Pease Development Authority as a pilot of vessels, have hereby authorized the Pease Development Authority to conduct an investigation into my background for the purpose of determining my suitability and eligibility for such appointment. You are hereby authorized to release any and all information pertaining to me, documentary or otherwise, as requested by an appropriate employee, agent or representative of the Pease Development Authority.  This authorization shall supersede and countermand any prior request or authorization to the contrary.”

 

Source.  #7870, eff 4-12-03; ss by 9891-B, eff 4-1-11; amd by #11159, eff 8-19-16; ss by #12760, eff 4-19-19

 

          Pda 306.02  Application Form for Pilot Reappointment.

 

          (a) Each person seeking reappointment as a pilot shall complete an “Application for Pilot Reappointment” provided by the division and deliver or mail the completed application to:

 

Pease Development Authority

Division of Ports and Harbors

555 Market Street

Portsmouth, NH 03801

 

          (b)  The applicant shall provide the following on the “Application for Pilot Reappointment”:

 

(1)  The applicant’s full legal name;

 

(2)  The applicant’s maiden name or other names used by the applicant, if applicable;

 

(3)  The applicant’s date and place of birth;

 

(4)  The address of the applicant’s residence, including:

 

a.  Street number and name;

 

b.  City or town;

 

c.  State; and

 

d.  Zip code;

 

(5)  Mailing address, if different from residence address;

 

(6)  The applicant’s home telephone number;

 

(7)  The applicant’s mobile/cell telephone number, if the applicant has a mobile/cell telephone;

 

(8)  The applicant’s fax number, if the applicant has a fax machine;

 

(9)  The applicant’s e-mail address, if the applicant has an e-mail address;

 

(10)  The name of and information required under (4) – (9) relating to the applicant’s business, if applicable;

 

(11)  The class of pilot licensure for which the applicant is applying;

 

(12)  The applicant’s employment history relating to piloting or operation of vessels within the past 5 years, including:

 

a.  The name and address of any previous employer;

 

b.  Where and when the applicant was employed;

 

c.  The type and gross tonnage of vessels on which the applicant was employed; and

 

d. The positions held and the dates when the positions were held under previous employers;

 

(13)  A list of harbor areas where the applicant has served as pilot, including a description of any special navigational features associated with each harbor area, including, but not limited to:

 

a.  Exceptional currents or tides; or

 

b.  Difficult navigational obstructions; and

 

(14)  A description of the training the applicant has received pertaining to pilotage skills.

 

          (c)  The applicant shall indicate on the application whether the applicant:

 

(1) Was ever convicted of violating a controlled drug law of the United States, District of Columbia, or any state, or territory of the United States, including NH RSA 318-B, Controlled Drug Act, and laws relating to possession, use or sale of marijuana, which conviction has not been annulled;

 

(2)  Has ever tested positive for a controlled drug, including marijuana, within the past 180 days, or has ever refused a test for a controlled drug;

 

(3)  Was ever convicted by any court, including a military court, for an offense other than a minor traffic violation, which conviction has not been annulled;

 

(4)  Was ever convicted of a traffic violation, which conviction has not been annulled, arising in connection with a fatal traffic accident, reckless driving, racing on the highway, or operating a motor vehicle while under the influence of or impaired by alcohol or a controlled drug;

 

(5)  Has ever had his or her driver’s license revoked or suspended for refusing to submit to an alcohol or drug test;

 

(6)  Was ever given a Coast Guard letter of warning or been assessed a civil or administrative penalty by a federal or state agency or a court of competent jurisdiction for violation of maritime or environmental laws; and

 

(7)  Has ever had any Coast Guard license or document voluntarily surrendered, revoked, or suspended.

 

          (d)  If there is an affirmative response to any of the items listed in subparagraphs (c)(1) – (7) above, the applicant shall attach an explanatory statement(s) to the application as follows:

 

(1) Subparagraph (c)(1), the applicant shall attach a statement describing the violation and sentence;

 

(2)  Subparagraph (c)(2), the applicant shall attach a statement explaining the circumstances of such refusal or positive drug test result;

 

(3)  Subparagraph (c)(3) or (4), the applicant shall attach copies of any court order or judgment rendered;

 

(4)  Subparagraph (c)(5), the applicant shall attach a statement describing the grounds for the revocation and conviction, and supply the name of the state issuing the license;

 

(5)  Subparagraph (c)(6), the applicant shall attach a copy of the  letter of warning and/or penalty assessment; and

 

(6)  Subparagraph (c)(7), the applicant shall attach a statement describing the action taken by the Coast Guard and the reasons for the action;

 

          (e)  The applicant shall sign and date the application form, indicating agreement to the following statement relating to (d) above:

 

“I have attached a statement of explanation for all areas marked “yes” above.  I have signed this section with full understanding that a false statement is a basis for denial of the application as well as criminal prosecution.  I understand that failure to answer every question may delay my application.”

 

          (f)  The applicant shall include, as part of the application:

 

(1)  A copy of a government-issued photo identification card of the applicant, such as a:

 

a.  State-issued driver’s license;

 

b.  Merchant Marine identification document; or

 

c.  Valid United States passport;

 

(2)  A certified copy of the applicant’s current license issued by the Coast Guard as master or mate, for ocean, near coastal, or inland, for vessels over 1,600 gross tons that includes the applicant’s:

 

a.  Coast Guard pilotage endorsement for Portsmouth Harbor and the Piscataqua River up to and including Dover Point, New Hampshire;

 

b.  Valid Coast Guard radar-observer endorsement; and

 

c.  Bridge resource management certificate from a course approved by the Coast Guard;

 

(3)  A copy of the record of any appointment granted to the applicant by the Pease Development Authority or the former New Hampshire Port Authority;

 

(4)  A copy of the applicant’s military record, if the applicant is currently in the military or was in the military during the term of the applicant’s most recent appointment as a pilot; and(5) Documentation that the applicant has met the passage requirements of Pda 305.08, including:

 

a.  Description of the pilotage route for each passage;

 

b.  The name, gross tonnage and official number, if applicable, of the vessel on which each passage was made;

 

c.  The inbound or outbound beginning and ending times for each passage; and

 

d.  Certifying signatures of the master of the vessel and the pilot for each passage.

 

          (g)  The applicant shall certify whether or not the applicant:

 

(1)  Is a citizen of the United States of America;

 

(2)  Was ever refused an authorization to pilot a vessel;

 

(3)  Was ever convicted of a felony or misdemeanor, which has not been annulled;

 

(4)  Was ever treated by a physician for drug or alcohol addiction or abuse;

 

(5)  Was ever hospitalized for any mental or emotional illness within the past year;

 

(6)  Has ever had a mental or physical illness or disability that restricted the applicant’s ability to operate as a pilot for more than 30 days;

 

(7)  Has ever held an authorization to pilot vessels in New Hampshire or any other state or jurisdiction that has been suspended or revoked; and

 

(8)  Holds a valid license issued by the Coast Guard as master or mate, for ocean, near coastal, or inland, for vessels over 1,600 gross tons that includes a:

 

a.  Valid Coast Guard pilotage endorsement for Portsmouth Harbor and the Piscataqua River up to and including Dover Point, New Hampshire;

 

b.  Valid Coast Guard radar-observer endorsement; and

 

c.  Bridge resource management certificate from a course approved by the Coast Guard;

 

          (h)  An applicant  who indicates they are not a citizen of the United States of America in certifying (g)(1), or who answers affirmatively in certifying (g)(2)-(7) shall submit an explanatory report that includes:

 

(1)  A complete explanation of the circumstances which cause any certifying statement in  (g)(1) – (7) to be  preliminarily disqualifying; and

 

(2) For each circumstance which causes a statement in (g)(1) – (8) to be  preliminarily disqualifying, an explanation as to why the authority should not find it to be grounds for denying the applicant’s appointment as a pilot.

 

          (i)  The form shall then be signed and dated.  By signing the application form, the applicant shall certify that the information provided in the application is true, to the best of the applicant’s knowledge.

 

          (j)  The form shall contain the following certification language:

 

“I certify that the statements and information in the enclosed documents are to the best of my knowledge and belief true, accurate and complete.  I am aware that my appointment as a pilot may be withdrawn or suspended by the Pease Development Authority for submitting false statements and information or omitting required statements and information.”

 

          (k)  The application shall require the applicant to separately sign and date a release authorization for a background investigation, as follows:

 

“To all courts, probation departments, Selective Service boards, employers, physicians, health care facilities, health care providers, educational institutions, and government, including all agencies and departments thereof:

 

I, ___________________, as an applicant for appointment by the Pease Development Authority as a pilot of vessels, have hereby authorized the Pease Development Authority to conduct an investigation into my background for the purpose of determining my suitability and eligibility for such appointment.  You are hereby authorized to release any and all information pertaining to me, documentary or otherwise, as requested by an appropriate employee, agent or representative of the Pease Development Authority.  This authorization shall supersede and countermand any prior request or authorization to the contrary.”

 

Source.  #7870, eff 4-12-03; ss by 9891-B, eff 4-1-11; amd by #11159, eff 8-19-16; ss by #12760, eff 4-19-19

 

          Pda 306.03  Application Form for Temporary Pilot Appointment.

 

          (a)  Each person seeking an appointment as a temporary pilot shall complete an “Application for Temporary Pilot Appointment” provided by the division and deliver or mail the completed application to:

 

Pease Development Authority

Division of Ports and Harbors

555 Market Street

Portsmouth, NH  03801

 

          (b)  The applicant shall provide the following on the “Application for Temporary Pilot Appointment” for temporary pilot appointment:

 

(1)  The applicant’s full legal name;

 

(2)  The applicant’s maiden name or other names used by the applicant, if applicable;

 

(3)  The applicant’s date and place of birth;

 

(4) The address of the applicant’s residence, including:

 

a.  Street number and name;

 

b.  City or town;

 

c.  State; and

 

d.  Zip code;

 

(5)  Mailing address, if different from residence address;

 

(6)  The applicant’s home telephone number;

 

(7)  The applicant’s mobile/cell telephone number, if the applicant has a mobile/cell telephone;

 

(8)  The applicant’s fax number, if the applicant has a fax machine;

 

(9)  The applicant’s e-mail address, if the applicant has an e-mail address;

 

(10)  The name of and information required under (4) - (9) relating to the applicant’s business, if applicable;

 

(11)  The class of pilot licensure for which the applicant is applying;

 

(12)  The applicant’s employment history relating to piloting or operation of vessels within the past 5 years, including:

 

a.  The name and address of any previous employer;

 

b.  Where and when the applicant was employed;

 

c.  The type and gross tonnage of vessels on which the applicant was employed; and

 

d. The positions held and the dates when the positions were held under previous employers;

 

(13)  A list of harbor areas where the applicant has served as pilot, including a description of any special navigational features associated with each harbor area, including, but not limited to:

 

a.  Exceptional currents or tides; or

 

b.  Difficult navigational obstructions; and

 

(14)  A description of the training the applicant has received pertaining to pilotage skills.

 

          (c)  The applicant shall indicate on the application whether the applicant:

 

(1)  Was ever convicted of violating a controlled drug law of the United States, District of Columbia, or any state, or territory of the United States, including NH RSA 318-B, Controlled Drug Act, and laws relating to possession, use, or sale of marijuana, which conviction has not been annulled;

 

(2)  Has ever tested positive for a controlled drug, including marijuana, within the past 180 days, or has ever refused a test for a controlled drug;

 

(3)  Was ever convicted by any court, including a military court, for an offense other than a minor traffic violation, which conviction has not been annulled;

 

(4)  Was ever convicted of a traffic violation, which conviction has not been annulled, arising in connection with a fatal traffic accident, reckless driving, racing on the highway, or operating a motor vehicle while under the influence of or impaired by alcohol or a controlled drug;

 

(5)  Has ever had his or her driver’s license revoked or suspended for refusing to submit to an alcohol or drug test;

 

(6)  Was ever given a Coast Guard letter of warning or been assessed a civil or administrative penalty by a federal or state agency or a court of competent jurisdiction for violation of maritime or environmental laws; and

 

(7)  Has ever had any Coast Guard license or document voluntarily surrendered, revoked, or suspended.

 

          (d)  If there is an affirmative response to any of the items listed in subparagraphs (c)(1) - (7) above, the applicant shall attach an explanatory statement(s) to the application as follows:

 

(1)  Subparagraph (c)(1), the applicant shall attach a statement describing the violation and sentence;

 

(2)  Subparagraph (c)(2), the applicant shall attach a statement explaining the circumstances of such refusal or positive drug test result;

 

(3)  Subparagraph (c)(3) or (4), the applicant shall attach copies of any court order or judgment rendered;

 

(4)  Subparagraph (c)(5), the applicant shall attach a statement describing the grounds for the revocation and conviction, and supply the name of the state issuing the license;

 

(5)  Subparagraph (c)(6), the applicant shall attach a copy of the  letter of warning and/or penalty assessment; and

 

(6)  Subparagraph (c)(7), the applicant shall attach a statement describing the action taken by the Coast Guard and the reasons for the action;

 

          (e)  The applicant shall sign and date the application form, indicating agreement to the following statement relating to (d) above:

 

“I have attached a statement of explanation for all areas marked “yes” above.  I have signed this section with full understanding that a false statement is a basis for denial of the application as well as criminal prosecution.  I understand that failure to answer every question may delay my application.”

 

          (f)  The applicant shall include, as part of the application:

 

(1)  A copy of a government-issued photo identification card of the applicant, such as a:

 

a.  State-issued driver’s license;

 

b.  Merchant Marine identification document; or

 

c.  Valid United States passport;

 

(2)  A certified copy of the applicant’s current license issued by the Coast Guard as master or mate, for ocean, near coastal, or inland, for vessels over 1,600 gross tons that includes the applicant’s:

 

a.  Coast Guard pilotage endorsement for Portsmouth Harbor and the Piscataqua River up to and including Dover Point, New Hampshire;

 

b.  Valid Coast Guard radar-observer endorsement; and

 

c.  Bridge resource management certificate from a course approved by the Coast Guard;

 

(3)  A copy of the record of any appointment granted to the applicant by the Pease development authority or the former New Hampshire port authority;

(4)  A copy of the applicant’s military record, if the applicant is currently in the military or was in the military during the term of the applicant’s most recent appointment as a pilot; and

 

(5)  At least one letter of recommendation prepared in accordance with Pda 305.06(b)(7) from a pilot appointed by the Pease development authority or the former New Hampshire port authority.

 

          (g)  The applicant shall certify whether or not the applicant:

 

(1)  Is a citizen of the United States of America;

 

(2)  Was ever refused an authorization to pilot a vessel;

 

(3)  Was ever convicted of a felony or misdemeanor, which has not been annulled;

 

(4)  Was ever treated by a physician for drug or alcohol addiction or abuse;

 

(5)  Was ever hospitalized for any mental or emotional illness within the past year;

 

(6)  Has ever had a mental or physical illness or disability that restricted the applicant’s ability to operate as a pilot for more than 30 days;

 

(7)  Has ever held an authorization to pilot vessels in New Hampshire or any other state or jurisdiction that has been suspended or revoked; and

 

(8)  Holds a valid license issued by the Coast Guard as master or mate, for ocean, near coastal, or inland, for vessels over 1,600 gross tons that includes a:

 

a.  Valid Coast Guard pilotage endorsement for Portsmouth Harbor and the Piscataqua River up to and including Dover Point, New Hampshire;

 

b.  Valid Coast Guard radar-observer endorsement; and

 

c.  Bridge resource management certificate from a course approved by the Coast Guard;

 

          (h)  An applicant who indicates they are not a citizen of the United States of America in certifying (g)(1), or who answers affirmatively in certifying (g)(2)-(7) shall submit an explanatory report that includes:

 

(1)  A complete explanation of the circumstances which cause any certifying statement in (g)(1) – (7) to be preliminarily untrue; and

 

(2) For each circumstance which causes a statement in (g)(1) – (8) to be preliminarily disqualifying, an explanation as to why the authority should not find it to be grounds for denying the applicant’s appointment as a pilot.

 

          (i)  The form shall then be signed and dated.  By signing the application form, the applicant shall certify that the information provided in the application is true, to the best of the applicant’s knowledge.

 

          (j)  The form shall contain the following certification language:

 

“I certify that the statements and information in the enclosed documents are to the best of my knowledge and belief true, accurate and complete.  I am aware that my appointment as a pilot may be withdrawn or suspended by the Pease Development Authority for submitting false statements and information or omitting required statements and information.”

 

          (k)  The application shall require the applicant to separately sign and date a release authorization for a background investigation, as follows:

 

“To all courts, probation departments, Selective Service boards, employers, physicians, health care facilities, health care providers, educational institutions, and government, including all agencies and departments thereof:

 

I, ___________________, as an applicant for appointment by the Pease Development Authority as a pilot of vessels, have hereby authorized the Pease Development Authority to conduct an investigation into my background for the purpose of determining my suitability and eligibility for such appointment.  You are hereby authorized to release any and all information pertaining to me, documentary or otherwise, as requested by an appropriate employee, agent or representative of the Pease Development Authority.  This authorization shall supersede and countermand any prior request or authorization to the contrary.”

 

Source.  #7870, eff 4-12-03; ss by #9891-B, eff 4-1-11; amd by #11159, eff 8-19-16; ss by #12760, eff 4-19-19

 

          Pda 306.04  Updating of Certain Information Provided on Application Forms Required.  In order to maintain updated contact and business information with the division, any person appointed as a pilot under Pda 305.01 shall notify the division in writing, within 30 days of the change, of any changes to information provided on an application form under Pda 306.01(b)(4)-(10), Pda 306.02(b)(4)-(10), and Pda 306.03(b)(4)-(10).

 

Source.  #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

PART Pda 307  DECISION; GROUNDS FOR DENIAL OF APPOINTMENTS AND REAPPOINTMENTS; APPEAL

 

          Pda 307.01  Application Decision.  The authority shall take action on any application for appointment or reappointment as a pilot no later than 60 days from the receipt of a complete application.  All decisions of the authority approving or denying an application for appointment or reappointment shall be in writing.  If an application for appointment or reappointment as a pilot is denied, the applicant may appeal that decision to the board.

 

Source.  #7870, eff 4-12-03; #ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 307.02  Grounds for Denial.  The authority shall deny an application for an initial appointment, reappointment, or temporary appointment if the authority determines that:

 

          (a)  The applicant or the application fails to meet or comply with any requirement of Pda 305 applicable to the type and class of appointment for which the applicant has submitted an application;

 

          (b)  The applicant fails to submit any information requested by the authority necessary to evaluate the applicant’s fitness for appointment as a pilot;

 

          (c)  The physical health of the applicant, as a result of a physical condition or the use of drugs, including alcohol, or any other substance, is such that the applicant is not physically capable of competently exercising or performing the functions, duties, and responsibilities of a pilot without creating an unreasonable risk of harm to the applicant, the environment, or the person or property of others;

 

          (d)  The mental or emotional health of the applicant, as a result of a mental or emotional condition or the use of drugs, including alcohol, or any other substance, is such that the applicant is not competent to exercise or is unable to perform the functions, duties, and responsibilities of a pilot without creating an unreasonable risk of harm to the applicant, the environment, or the person or property of others;

 

          (e)  The applicant has been convicted of a criminal act, the facts and circumstances of which bear a demonstrable relationship to the exercise or performance of the functions, duties, and responsibilities of a pilot, as determined by the authority;

 

          (f)  The applicant has submitted false or misleading information as part of the person’s application for appointment as a pilot or has otherwise engaged in conduct involving dishonesty or misrepresentation, the facts and circumstances of which bear a demonstrable relationship to the exercise or performance of the functions, duties and responsibilities of a pilot; or

 

          (g)  The authority determines that making the requested appointment is not necessary to ensure an adequate number of pilots.

 

Source.  #7870, eff 4-12-03; #ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

PART Pda 308  ABSENCE FROM PILOTAGE AREA

 

          Pda 308.01  Submission of Written Request.

 

          (a)  A pilot shall request in writing to the authority to receive approval to be absent from the pilotage area for a period of more than 60 days without termination of the pilot’s appointment.

 

          (b)  The written request shall include:

 

(1)  The time period that the pilot will be away from the pilotage area; and

 

(2)  The reason(s) that the pilot will be away from the pilotage area.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 308.02  Denial.

 

          (a)  The authority shall deny the pilot’s request under Pda 308.01 if the authority determines that, if the request were granted, there would be insufficient pilots available to safely manage vessels in the pilotage area.

 

          (b)  If the authority denies the pilot’s request under Pda 308.01 to be absent from the pilotage area, the reasons for denial shall be stated in writing.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 308.03  Request for Reconsideration.  If a written request submitted pursuant to Pda 308.01 is denied by the authority, the pilot may request the authority to reconsider its decision and may request a hearing.  If the pilot includes a request for a hearing in his or her request for reconsideration, the authority shall provide the pilot with a hearing before the board.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 308.04  Termination of Appointment.  The appointment of any pilot absent from the pilotage area for more than 60 days without the written permission of the authority shall be automatically terminated.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 308.05  Extended Absence from Pilotage Area.  A pilot who has been absent from the pilotage area for more than 180 days with the permission of the authority shall notify the authority in writing of the pilot’s intention to return to the pilotage area, including the proposed date of return, and shall make as many trips under the supervision of a pilot as the authority determines are necessary to refamiliarize the pilot with the pilotage area.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

PART Pda 309  SUSPENSION AND REVOCATION OF APPOINTMENT; APPEAL

 

          Pda 309.01  Suspension or Revocation of Federal License; Pilot Required to Notify Division.

 

          (a)  Any pilot whose federal license as required by Pda 305.06(b) is suspended or revoked for any reason shall immediately notify the division of the suspension or revocation.

 

          (b)  The appointment of any pilot under Pda 305 whose federal license as required by Pda 305.06(b) is suspended or revoked for any reason shall be subject to immediate and automatic suspension or revocation on the same terms and conditions as the suspension or revocation of the federal license.

 

          (c)  Suspension or revocation of the pilot’s appointment shall be co-terminus with the suspension or revocation of the pilot’s federal license, including immediate and automatic reinstatement of the pilot’s appointment on the same terms and conditions as any reinstatement of the pilot’s federal license.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 309.02  Grounds for Suspension or Revocation.  The authority shall suspend or revoke a pilot’s appointment, subject to such conditions as the authority deems necessary to protect the safety of vessels in the pilotage area, public health, property, or the environment, if the authority finds that:

 

          (a)  The pilot fails to meet or comply with any requirement of Pda 305 applicable to the type and class of appointment for which the pilot has received an appointment;

 

          (b)  The physical health of the pilot is such, as a result of a physical condition or the use of drugs, including alcohol, or any other substance, that the pilot is not physically capable of competently exercising or performing the functions, duties, and responsibilities of a pilot without creating an unreasonable risk of harm to the pilot, the environment, or the person or property of others;

 

          (c)  The mental or emotional health of the pilot is such, as a result of a mental or emotional condition or the use of drugs, including alcohol, or any other substance, that the pilot is not competent to exercise or is unable to perform the functions, duties and responsibilities of a pilot without creating an unreasonable risk of harm to the pilot, the environment or the person or property of others;

 

          (d)  The pilot has been convicted of a criminal act, the facts and circumstances of which bear a demonstrable relationship to the exercise or performance of the functions, duties and responsibilities of a pilot;

 

          (e)  The pilot has submitted false or misleading information as part of his or her application for appointment as a pilot or has otherwise engaged in conduct involving dishonesty or misrepresentation, the facts and circumstances of which bear a demonstrable relationship to the exercise or performance of the functions, duties, and responsibilities of a pilot;

 

          (f)  The pilot, when requested to provide information to the authority or the division required under RSA 12-G or any rule of the authority, has failed to provide such information;

 

          (g)  The pilot has failed to exercise or perform the functions, duties, and responsibilities of a pilot competently or diligently;

 

          (h)  The pilot has violated any provision of RSA 12-G or any rule of the authority; or

 

          (i)  The pilot has failed to obey a directive issued by an officer of the United States Customs Service, the United States Coast Guard, or other law enforcement agency when such a directive could have been complied with safely.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 309.03  Appeal from Decision to Suspend or Revoke Appointment.  If the authority suspends or revokes a pilot’s appointment, the pilot may appeal that decision to the board.  Any decision by the board to suspend or revoke a pilot’s appointment under Pda 309.02 shall be provided to the pilot in writing within 30 calendar days of such decision. This written notice shall include a statement advising the pilot that The Model Rules of Practice and Procedure as outlined in Chapter Jus 800 of the New Hampshire administrative rules shall apply in all appeals to the board under this section and, that they shall provide notice of their intent to appeal within 30 calendar days from receipt of the notice of suspension or revocation.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

PART Pda 310  REPORTS

 

          Pda 310.01  Monthly Passage Reports.

 

          (a)  Each pilot shall submit a monthly passage report to the division for all passages completed during the calendar month, including any shifting at berth.  Pilots employed by the same employer may file a combined monthly report, provided that the pilot for each passage or shifting at berth is separately identified and that each pilot individually executes the certification set forth below in (d) for the passages or berth shiftings identified in the monthly report as piloted by him or her.

 

          (b)  The report may be submitted in any format and shall include the following information with respect to each passage and shifting at berth completed during the month to which the report applies:

 

(1)  Name of pilot;

 

(2)  Vessel name and official number, if applicable;

 

(3)  Name of towing tug(s), if any;

 

(4)  Horsepower of assisting tug(s), if any;

 

(5)  Length of vessel;

 

(6)  Beam of vessel:

 

(7)  Draft of vessel;

 

(8)  Vessel registry;

 

(9)  Deadweight capacity tonnage of vessel;

 

(10)  Cargo of vessel;

 

(11)  Passage start date;

 

(12)  Whether passage start was in daylight or darkness;

 

(13)  Passage end point;

 

(14)  Passage end date;

 

(15)  Whether passage end was in daylight or darkness;

 

(16)  Weather conditions;

 

(17)  Tide conditions, including:

 

a.  High slack;

 

b.  Low slack; or

 

c.  Other, as specified in the report;

 

(18)  Tonnage loaded;

 

(19)  Tonnage discharged; and

 

(20)  Shifting of the vessel at berth, other than normal mooring line adjustments due to tide or current fluctuations.

 

          (c)  The report shall be filed within 30 days of the end of each reported month.

 

          (d)  Any pilot required under (a) above to certify a monthly passage report in whole or in part shall include the following statement:

 

“I certify that the statements and information in the enclosed report relative to those passages or shiftings at berth for which I am designated as the pilot are to the best of my knowledge and belief true, accurate and complete.  I am aware that my appointment as a pilot may be withdrawn or suspended by the Pease Development Authority for submitting false statements and information or omitting required statements and information.”

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

 

          Pda 310.02  Incident Reports; Duty to Report.

 

          (a)  If any incident occurs on a vessel while a pilot is engaged in the provision of pilotage service for such vessel, the pilot providing pilotage service shall file a written report of the incident with the division.  The report shall be filed by the close of business no later than 5 days following the incident or 5 days after the date upon which the pilot first became aware of the incident, whichever is later.  In the case of an incident involving loss of life or serious physical injury, the pilot shall immediately notify the division of the incident.

 

          (b)  Any report filed pursuant to (a) above shall include, at a minimum, the following:

 

(1)  The name, address, and telephone number of the pilot making the report;

 

(2)  Date, time and location of the incident;

 

(3)  Detailed narrative description of the nature of the incident;

 

(4)  Cause of the incident to the extent known by the pilot;

 

(5)  Remedial action taken, if any; and

 

(6)  Names and addresses of any witnesses to the incident.

 

          (c)  Any pilot who, at any time, has reasonable grounds to believe that an incident has occurred and that such incident has not been reported to the division, shall contact the division and determine whether a report of the incident has been filed with the division.  If a report of the incident has been filed with the division, the pilot making the inquiry shall have no further reporting responsibility.  If no report of the incident has been filed, the inquiring pilot shall make a written report to the division within 5 days of becoming aware that no report was filed in accordance with (a) above regarding the suspected incident including, to the extent known, the information required under (b) above.  After filing this report, the reporting pilot shall have no further reporting responsibility.

 

          (d)  Upon receipt of an incident report filed by the involved pilot or another pilot or upon receipt of a written complaint from any person, the division shall conduct an investigation. 

 

          (e)  Upon receipt of an incident report from another pilot regarding a pilot or upon receipt of a complaint regarding a pilot, the division shall provide the involved pilot with a copy of the report or complaint.

 

          (f)  When the involved pilot receives from the division a copy of an incident report filed by another pilot or a copy of a complaint filed with the division, the involved pilot shall provide the division within 5 days of receipt with a written statement including, but not limited to the following:

 

(1)  Detailed narrative explanation of the incident or subject of the complaint; and

 

(2)  Detailed response to the statements in the report or complaint.

 

Source.  #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by#12760, eff 4-19-19

 

PART Pda 311  PILOTAGE FEES

 

          Pda 311.01  Pilotage Fees Schedule.

 

          (a)  Vessels required under Pda 304.01 to be piloted by a pilot shall pay to the pilot each applicable pilotage fee as set forth in the schedule of pilotage fees adopted pursuant to (e) below.  It shall be the responsibility of the pilot to request payment and collect payment of any pilotage fee authorized under Pda 311.

 

          (b)  At least once a year the division director shall review the schedule of pilotage fees and pilotage unit rates.  At any time, the division director may prepare a proposed schedule of pilotage fees and pilotage unit rates.  The proposed schedule of pilotage fees and pilotage unit rates shall be distributed to each pilot and shall be made available to the public. Hereafter in this section, references to “pilotage fees” shall include “pilotage unit rates.”

 

          (c)  Within 30 days of distribution of the proposed schedule of pilotage fees to the public under (b) above, pilots or any member of the public may submit to the division director written comments regarding the proposed schedule of pilotage fees.

 

          (d)  Within 60 days of distribution of the proposed schedule of pilotage fees to the public under (b) above, the division director shall submit a proposed schedule of pilotage fees to the authority for review and approval, either in its original proposed form or as modified after receipt of public comment.

 

          (e)  The authority may:

 

(1)  Adopt the approved annual schedule of pilotage fees;

 

(2)  Adopt the approved annual schedule of pilotage fees in part; or

 

(3)  Adopt the approved annual schedule of pilotage fees in part and modify the schedule in part.

 

          (f)  The authority shall make available to the public any fee schedule adopted in whole or in part under (e) above.

 

          (g)  The pilotage fees adopted by the authority shall take effect on January 1 of the following year, or within 10 days of adoption by the authority, as specified by the authority.  Once adopted, the annual schedule of pilotage fees shall be mailed to each pilot and shall be attached to any new commission that may be issued to a pilot.  Pilots shall charge fees only as set forth in the approved schedule.

 

Source.  #7870, eff 4-12-03; ss by #8148, EXEMPT, eff 8-27-04; ss by #10818, EXEMPT, eff 4-17-15

 

          Pda 311.02  Computation of Pilotage Units.

 

          (a)  Pilotage units shall be computed by:

 

(1)  Multiplying the overall length of the vessel by the extreme breadth of the vessel;

 

(2)  Multiplying the product of (1) by the depth of the vessel to the upmost continuous deck; and

 

(3)  Dividing the product of (2) by 100.

 

          (b)  For purposes of determining pilotage units, all measurements shall be in meters.

 

Source.  #7870, eff 4-12-03; ss by #8148, EXEMPT, eff 8-27-04

 

          Pda 311.03  Pilotage Fees Based on Pilotage Unit Rates; Flat Fees.

 

          (a)  The annual schedule of pilotage fees approved by the authority under Pda 311.01 shall contain the pilotage fees described in (b) – (e) below.

 

          (b)  The following pilotage fees shall be based upon pilotage unit rates established within the pilotage fee schedule for vessels inbound or outbound:

 

(1)  One-way inbound or outbound transit fee, calculated by multiplying the pilotage units for such vessel by the pilotage unit rate for inbound or outbound vessels;

 

(2)  Docking or undocking fee, calculated by multiplying the pilotage units for such vessel by the pilotage unit rate for vessels docking or undocking; and

 

(3)  Vessel shifting berths within the pilotage area, calculated by multiplying the pilotage units for such vessel by the pilotage unit rate for vessel shifting berths within the pilotage area.

 

          (c)  The pilotage fee schedule shall contain minimum fees for all of the fees described in (b) above.  The minimum fee shall apply if the fee based upon pilotage units is less than the minimum fee.

 

          (d)  The pilotage fee schedule shall contain fees for the following:

 

(1)  Shifting a vessel at berth established on a per call basis;

 

(2)  Cancellation of the request for pilotage assistance after the pilot reports for duty on the vessel established on a per call basis;

 

(3)  Detention of a pilot detained during mooring of a vessel after allowing one hour, once along side, for the securing of a vessel to its berth established on a per hour basis;

 

(4)  Detention of a vessel in transit, cancelled due to fog, stress of weather, or mechanical problem established on a per hour basis;

 

(5)  Detention of a pilot carried to sea established on a per diem basis, plus the cost of return to Portsmouth, New Hampshire, by the fastest means of travel available;

 

(6)  Transporting a pilot to or from the pilotage station established on a one-way, single trip basis;

 

(7) Transporting a pilot to or from a vessel at anchorage instead of boarding at the pilotage station established on a one-way, single trip basis;

 

(8)  A self-propelled vessel lacking propulsion;

 

(9)  Pilotage of a submarine; and

 

(10)  The calling out of a pilot to a scene for any unscheduled event or emergency situation.

 

          (e)  An amount equal to all the fees incurred shall be added to the invoice when the fees are to be paid by any electronic method, including, but not limited to, direct deposit, wire transfer, or credit card charge.

 

Source.  #7870, eff 4-12-03; ss by #8148, EXEMPT, eff 8-27-04; ss by #9928, EXEMPT, eff 5-29-11; ss by #10642, EXEMPT, eff 6-29-14

 

CHAPTER Pda 400  HARBOR MASTERS

 

PART Pda 401  DEFINITIONS

 

          Pda 401.01  “Channel”, except as used in Pda 402.05(b), means the deeper part of a river, harbor or estuary, whether naturally occurring or maintained by the state or the United States Department of the Army Corps of Engineers, and which is kept open for navigation and other purposes, including mooring fields, dredging, or navigation aids.

 

Source.  #7848, eff 3-8-03; ss by #9829, eff 1-1-11; ss by #12701, eff 12-29-18

 

PART Pda 402  DUTIES

 

          Pda 402.01  Duties of Chief Harbor Master.  The chief harbor master, subject to the supervision of the authority and the division director, shall:

 

          (a)  Perform the duties listed in RSA 12-G:50, I;

 

          (b)  Supervise the deputy chief harbor master, harbor masters and assistant harbor masters; and

 

          (c)  Assign harbor areas to harbor masters in accordance with Pda 402.05.

 

Source.  #7848, eff 3-8-03; ss by #8147, eff 8-28-04; ss by #9829, eff 1-1-11; ss by #12701, eff 12-29-18

 

          Pda 402.02  Duties of Deputy Chief Harbor Master.  The deputy chief harbor master shall:

 

          (a)  Perform the duties listed in RSA 12-G:50, II;

 

          (b)  Assist the chief harbor master in the performance of the chief harbor master’s duties, as assigned by the authority, the division director, or the chief harbor master; and

 

          (c)  Keep such records as required by the division relating to duties performed under Pda 500.

 

Source.  #7848, eff 3-8-03; ss by #8147, eff 8-28-04; ss by #9829, eff 1-1-11; ss by #12701, eff 12-29-18

 

          Pda 402.03  Duties of Harbor Masters.  A harbor master shall:

 

          (a)  Perform the duties listed in RSA 12-G:50, III;

 

          (b)  Assist the chief harbor master or the deputy chief harbor master in the performance of the chief harbor master’s or deputy chief harbor master’s duties, as assigned by the authority, the division director, the chief harbor master or the deputy chief harbor master; and

 

          (c)  Keep such records as required by the division relating to duties performed under Pda 500.

 

Source.  #8147, eff 8-28-04; ss by #9829, eff 1-1-11; ss by #12701, eff 12-29-18

 

          Pda 402.04  Duties of Assistant Harbor Masters.  An assistant harbor master shall:

 

          (a)  Assist the chief harbor master, the deputy chief harbor master, or any harbor master in the performance of the chief harbor master’s, deputy chief harbor master’s or harbor master’s duties, as assigned by the division director, the chief harbor master, or the deputy chief harbor master;

 

          (b)  Notify the chief harbor master, the deputy chief harbor master, or a harbor master of any violations of any provision of RSA 12-G or the rules of the authority adopted under RSA 12-G; and

 

          (c)  Keep such records as required by the division relating to duties performed under Pda 500.

 

Source.  #8147, eff 8-28-04; ss by #9829, eff 1-1-11; ss by #12701, eff 12-29-18

 

          Pda 402.05  Assignment of Harbor Areas.  The chief harbor master shall designate a harbor master for each of the following areas for the purposes of administration and enforcement of RSA 12-G and Pda 400:

 

          (a)  The Portsmouth area, which shall include that portion of Portsmouth Harbor lying within Little Harbor, Sagamore Creek, the Piscataqua River within the boundaries of the state to the I-95 Bridge and seaward to a line from Odiorne’s Point to flashing buoy no. 2;

 

          (b)  The Back Channel area, which shall include the body of tidal waters between the 2 New Castle bridges, so-called, and Goat Island and Shapleigh Island to the north, and the Wentworth Hotel bridges, so-called to the south, the body of water being bordered by the town of New Castle to the east, and Sagamore Creek to the Sagamore bridge, the city of Portsmouth and the town of Rye to the west;

 

          (c)  The Great Bay and Little Bay area, which shall include all state tidal waters within the boundaries of the state from the I-95 Bridge to waters of Great Bay and waters adjacent to the towns of Dover, Durham, Newmarket, Newfields, Exeter, Stratham, Greenland, and Newington;

 

          (d)  The Rye area, which shall include Rye Harbor, including the navigable channel from the entrance of Rye Harbor seaward to whistle buoy 1B, and that portion of state tidal waters adjacent to the Town of Rye lying landward of a line 200 yards from the shore;

 

          (e)  The Gosport Harbor/Isles of Shoals area, which shall include that portion of Gosport Harbor within the boundaries of the state;

 

          (f)  The Hampton area, which shall include Hampton harbor, including the waters of Hampton River and seaward from the Hampton - Seabrook bridge to gong buoy no. 4; and

 

          (g)  The Seabrook area, which shall include Seabrook Harbor, including the waters of the Blackwater River.

 

Source.  #7848, eff 3-8-03; renumbered by #8147 (formerly Pda 402.03); ss by #9829, eff 1-1-11; ss by #12701, eff 12-29-18


 

 

CHAPTER Pda 500  MOORINGS AND ANCHORAGES

 

REVISION NOTE:

 

            Document #9975, effective 8-20-11, readopted or readopted with amendments most of the former rules in Chapter Pda 500.  Document #9975 also repealed former rules Pda 508.04, 509.09, 509.10, and 510.03.  Document #9975 also adopted new rules Pda 502.28 and Pda 506.11.  Document #9975 extensively renumbered most of the rules in the former Part Pda 502 and Part Pda 510, as follows:

 

            Former Rule                                         New Rule Number under Document #9975

 

            Pda 502.01-Pda 502.02                                     Pda 502.01-Pda 502.02

            Pda 502.03-RESERVED                                   (number re-used)

            Pda 502.04-Pda 502.05                                     Pda 502.03-Pda 502.04

            Pda 502.06-RESERVED                                   (number re-used)

            Pda 502.07                                                       Pda 502.05

            Pda 502.08-Pda 502.12                                     Pda 502.06-Pda 502.10

            Pda 502.13 RESERVED                                   (number re-used)

            Pda 502.14-Pda 502.30                                     Pda 502.11-Pda 502.27

            No rule                                                             Pda 502.28 (new rule)

            Pda 502.31-Pda 502.33                                     Pda 502.29-Pda 502.31

 

            Pda 510.01-Pda 510.02                                     Pda 510.01-Pda 510.02

            Pda 510.03                                                       REPEALED

            Pda 510.04-Pda 510.08                                     Pda 510.03-Pda 510.07

 

            Document #9975 replaces all prior filings for rules in the former Chapter Pda 500 except for rules in Part Pda 512, on mooring fees, which are exempt from RSA 541-A pursuant to RSA 12-G:42, XI.  The filings affecting the former rules Pda 502.03, 502.06, and 502.13 that had reserve numbers are as follows:

 

            #7940, eff 8-23-03 (Pda 502.03, 502.06, and 502.13)

            #8321, eff 10-1-05 (repealed Pda 502.03, 502.06, and 502.13)

 

            The prior filings affecting the rules which were repealed by Document #9975 are as follows:

 

            #7940, eff 8-23-03 (Pda 508.04, 509.09, and 510.03)

            #8184, eff 10-1-04 (Pda 510.03)

            #8775, eff 12-16-06 (Pda 509.09 and Pda 510.03)

 

PART Pda 501  PURPOSE AND SCOPE

 

            Pda 501.01  Purpose.  The purpose of Pda 500 is to establish provisions for administering a system for permitting moorings to be set and used in state tidal waters.

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11; ss by #12958, eff 12-24-19

 

            Pda 501.02  Scope.  Pda 500 shall apply to all mooring permits issued. Any person who sets, seeks to set, or uses a mooring in state tidal waters shall comply with Pda 500.

 

Source.  7940, eff 8-23-03; ss by #9975, eff 8-20-11; ss by #12958, eff 12-24-19

 

PART Pda 502  DEFINITIONS

 

            Pda 502.01  “Business organization” means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust or other form of organization, that is organized for gain or profit, carrying on any business activity within the state, except such enterprises as are expressly made exempt from income taxation under the United States Internal Revenue Code as defined in RSA 77-A:1, XX.

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11; ss by #12958, eff 12-24-19

 

            Pda 502.02  “Channel” means the portion of a waterway delineated by navigational aids as designated by the federal government or by the division.

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11; ss by #12958, eff 12-24-19

 

            Pda 502.03  “Collective mooring area” means the shorefront property mooring area of a marina or condominium within which the holder of a commercial mooring for hire mooring permit(s) is authorized to set commercial moorings for hire in accordance with a mooring plan approved by the authority pursuant to Pda 506.09(h).

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (formerly Pda 502.04) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

            Pda 502.04  “Commercial entity” means a business organization engaged for profit in a fishing or charter boat business or other water-dependent business.

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (formerly Pda 502.05) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

            Pda 502.05  “Commercial mooring for hire” means a mooring permitted by the division pursuant to Pda 500 and owned by a:

 

            (a)  Marina duly registered to do business in the state of New Hampshire or a condominium, which in turn rents, leases, or otherwise authorizes use of the mooring, if a marina, to a member of the general public or, if a condominium, to a member of the condominium unit owners’ association, on a daily or seasonal basis; or

 

            (b)  Shorefront property owner who in turn rents or leases the mooring to a tenant of the shorefront property who occupies the shorefront property.

 

Source.  #7940, eff 8-23-03; amd by #8184, eff 10-1-04; ss by #9975, eff 8-20-11 (formerly Pda 502.07) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

            Pda 502.06  “Commercial use mooring” means a mooring permitted by the division pursuant to Pda 500 and owned by a commercial entity for use only by the commercial entity.

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (formerly Pda 502.08) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.07  “Commercial vessel” means:

 

          (a)  A commercial fishing vessel or charter boat used primarily for commercial use purposes, which use is verified by a commercial vessel affidavit and the issuance to the vessel owner of a commercial vessel registration by the New Hampshire department of safety; or

 

          (b)  A vessel used primarily for commercial use purposes to further the purposes of a water-dependent business.

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (formerly Pda 502.09) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.08  “Commercial vessel affidavit” means the notarized documentation submitted to and accepted by the New Hampshire department of safety pursuant to RSA 270-E:2, II(e).

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (formerly Pda 502.10) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.09  “Condominium” means real property and any interests therein, with frontage located on state tidal waters that has lawfully submitted to regulation as a condominium in accordance with RSA 356-B.

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (formerly Pda 502.11) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.10  “General use mooring” means a mooring permitted by the division pursuant to Pda 500 and owned by a member of the general public for use only by the mooring permit holder.

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (formerly Pda 502.12) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.11  “Marina” means a shorefront location including, but not limited to, a boat yard or yacht club, with access to the water and parking, providing anchorage, docks, or moorings and open to the general public.

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (formerly Pda 502.14) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.12  “Mean high-water mark” means “mean high water” as determined by the United States National Geodetic Survey, and indicated on maps of the United States National Geodetic Survey.

 

Source.  #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (formerly Pda 502.15) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.13  “Mean low water line” means the “mean low water line” as determined by the United States National Geodetic Survey, and indicated on National Oceanic Atmospheric Administration (NOAA) Coast Survey Charts, United States – East Coast, Maine – New Hampshire, North American Datum of 1983, published by the United States Department of Commerce in 1984.

 

Source.  #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (formerly Pda 502.16) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.14  “Moor” means to attach, make fast, or otherwise secure a vessel to a mooring.

 

Source.  #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.15); ss by #9975, eff 8-20-11 (formerly Pda 502.17) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.15  “Mooring field” means an area or areas within state tidal waters where the chief harbor master or designee has determined that 3 or more moorings can be set.

 

Source.  #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.16); ss by #9975, eff 8-20-11 (formerly Pda 502.18) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.16  “Mooring location” means the place in state tidal waters where a mooring is set.

 

Source.  #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.17); ss by #9975, eff 8-20-11 (formerly Pda 502.19) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.17  “Mooring subfield” means an area of a subdivided mooring field, as provided in Pda 509.01.

 

Source.  #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.18); ss by #9975, eff 8-20-11 (formerly Pda 502.20) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.18  “Nearshore area” means that portion of a mooring field or mooring subfield, as described in (a) or (b) below, whichever is the greater:

 

          (a)  The portion within 50 feet of the mean high-water mark; or

 

          (b)  The portion from the mean high-water mark to the mean low water line.

 

Source.  #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (formerly Pda 502.21) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.19  “Non-revenue mooring” means a mooring permitted by the division pursuant to Pda 500 and owned by a state agency as defined in RSA 21-G:5, III,  and for which the division waives the mooring permit fee.

 

Source.  #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.19); ss by #9975, eff 8-20-11 (formerly Pda 502.22) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.20  “Not-for-profit entity” means any enterprise, whether corporation, partnership, limited liability company, proprietorship, association, business trust, real estate trust, or other form of organization carrying on any activity within the state consistent with the stated purposes of such organization and operating on a nonprofit basis, including, but not limited to, such enterprises as are expressly made exempt from income taxation under the United States Internal Revenue Code as defined in RSA 77-A:1, XX.

 

Source.  #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.20); ss by #9975, eff 8-20-11 (formerly Pda 502.23) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.21  “Open to the general public” means that any person is allowed the use of facilities with or without the payment of a fee or other consideration, subject to applicable health and safety restrictions.

 

Source.  #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.21); ss by #9975, eff 8-20-11 (formerly Pda 502.24) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.22  “Pennant” means a line by which a vessel is made fast to a mooring buoy.

 

Source.  #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.22); ss by #9975, eff 8-20-11 (formerly Pda 502.25) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19; ss by #12958, eff 12-24-19

 

          Pda 502.23  “Shorefront property”:

 

          (a)  Means:

 

(1)  Any property recognized as a legal building lot by a municipality with shore frontage on state tidal waters;

 

(2)  A lot on state tidal waters that is divided by a road so that the buildable portion of the lot is on the opposite side of the road from the state tidal waters or divided by an exclusive right-of-way which has been acquired as a result of an eminent domain proceeding which resulted in the break or loss of property between the property owner’s residence and the portion of the lot with shore frontage; or

 

(3)  A lot of record with shore frontage on state tidal waters; and

 

          (b)  Does not include:

 

(1)  A deeded right-of-way;

 

(2)  A right-of-way or right of access granted by lease or any other type of agreement; or

 

(3)  Lots not contiguous to the shore.

 

Source.  #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.23); ss by #9975, eff 8-20-11 (formerly Pda 502.26) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.24  “Shorefront property owner” means an individual, trustee(s) of a trust, business organization, or not-for-profit entity owning shorefront property. This term does not include the individual members, owners, or tenants of a marina, condominium, condominium unit owners’ association, or related associations.

 

Source.  #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.24); ss by #9975, eff 8-20-11 (formerly Pda 502.27) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.25  “Shorefront property mooring” means a mooring permitted by the division pursuant to Pda 500 within a shorefront property mooring area and owned by a shorefront property owner.

 

Source.  #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.25); ss by #9975, eff 8-20-11 (formerly Pda 502.28) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.26  “Shorefront property mooring area” means a water surface area relating to the shorefront property of a shorefront property owner, marina, or condominium, determined by extending  the side boundary lines of the property owner’s lot, marina’s lot, or condominium’s common area perpendicular to the shoreline into the state tidal waters out to, but not to cross, the channel, or, if there is no channel, to a line midway between the low water mark of the shorefront property and the low water mark of the opposite shore.

 

Source.  #7940, eff 8-23-03; amd by #8184, eff 10-1-04; renumbered by #8775 (from Pda 502.26); ss by #9975, eff
8-20-11 (formerly Pda 502.29) (See Revision Note at chapter heading for Pda 500);
ss by #12958, eff 12-24-19

 

          Pda 502.27  “Shorefront property mooring location” means the place where a shorefront property mooring is allowed to be set within a shorefront property mooring area.

 

Source.  #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.27); ss by #9975, eff 8-20-11 (formerly Pda 502.30) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.28  “Temporary seasonal mooring” means a mooring permitted by the division pursuant to Pda 500 between April 1 and March 31 at the location of a general use mooring, shorefront property mooring, or commercial use mooring, which location the permit holder has made available for temporary seasonal use.

 

Source.  #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19; ss by #12958, eff 12-24-19

 

          Pda 502.29  “Vessel used primarily for commercial use purposes” means a commercial vessel not utilized for noncommercial use for more than 14 days cumulatively during the period from April 1 to March 31.

 

Source.  #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.28); ss by #9975, eff 8-20-11 (formerly Pda 502.31) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.30  “Wait list mooring field, mooring subfield, or nearshore area” means a mooring field, mooring subfield, or nearshore area for which the division has established a mooring wait list in accordance with Pda 509.

 

Source.  #7940, eff 8-23-03; ss and moved by #8775 (from Pda 502.29); ss by #9975, eff 8-20-11 (formerly Pda 502.32) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 502.31  “Water-dependent business” means a business organization, such as, but not limited to, a restaurant, boat maintenance yard, wholesale or retail fishing business, or marine construction company, seeking a commercial use mooring for the:

 

          (a)  Use of a commercial vessel to further the purposes of the water-dependent business; or

 

          (b)  Temporary use of customers, employees, subcontractors, and others who use the mooring in the course of the business operations of the water-dependent business.

 

Source.  #7940, eff 8-23-03; renumbered by #8775 (from Pda 502.30); ss by #9975, eff 8-20-11 (formerly Pda 502.33) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

PART Pda 503  MOORING PERMITS REQUIRED; MOORING USE.

 

          Pda 503.01  Mooring Permit Required.  No person shall erect, install, maintain, use, have control over, or set a mooring within the state tidal waters unless a complete mooring permit application has been submitted to the division in accordance with Pda 500 and a mooring permit has been issued by the division.

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 503.02  Mooring Use; General Terms and Conditions.

 

          (a)  No mooring shall be set in state tidal waters unless permitted in accordance with Pda 500.

 

          (b)  Only one vessel shall be attached to a mooring.

 

          (c)  No vessel shall be attached to a mooring except the vessel for which the permit was approved, unless the vessel attached to the mooring is a dinghy for the permitted vessel.

 

          (d)  No person other than those listed below shall use a mooring:

 

(1)  The holder of a permit for that specific mooring;

 

(2)  The authorized temporary user of a commercial use mooring for which a commercial use mooring permit was issued to a water-dependent business;

 

(3)  The renter, lessee, or person otherwise authorized by the holder of a commercial mooring for hire mooring permit to use a specific mooring;

 

(4)  The authorized member(s) of a condominium unit owners’ association that holds a commercial mooring for hire mooring permit;

 

(5)  The tenant or lessee of shorefront property who occupies the property and rents or leases a mooring from the shorefront property owner;

 

(6)  The owner or operator of a vessel who has been directed orally, in writing, or by hand signal, by the chief harbor master, the deputy chief harbor master, a harbor master, or an assistant harbor master to secure such vessel to a mooring for which the vessel owner does not hold a permit; or

 

(7)  Any person whose vessel is in an emergency situation when failure to secure such vessel to such mooring would otherwise present an imminent and substantial hazard to navigation or to the safety of any passenger on such vessel.

 

          (e)  The holder of a commercial use mooring permit shall not rent or lease the mooring.  The holder of a commercial use mooring permit that is a water-dependent business as defined in Pda 502.31(b) may allow temporary use of the mooring for business purposes by customers, vendors, or service providers.

 

          (f)  Only an individual shall be the holder of a general use mooring permit.

 

          (g)  The individual whose name appears on a general use mooring permit shall be an owner of the vessel identified in the permit.

 

          (h)  The individual, trust or trustee(s) of the trust, business organization, or not-for-profit entity whose name appears on a shorefront property owner mooring permit shall be an owner of the vessel identified in the permit.

 

          (i)  All moorings shall meet the equipment requirements of Pda 510.

 

          (j)  Moorings shall be located so as not to impede navigation or endanger other vessels.

 

          (k)  All moorings shall be subject to relocation in accordance with Pda 504.02.

 

          (l)  A water-dependent business as defined in Pda 502.31(b) shall maintain, on the premises, records of all persons making temporary use of a mooring for which the water-dependent business holds a commercial use permit. These records shall be open to inspection by the division director or designee at any time during regular business hours.

 

          (m)  A marina or condominium unit owners’ association shall maintain, on the premises, records of all persons making use of a commercial mooring for hire for which the marina or condominium unit owners’ association holds a commercial mooring for hire permit.  These records shall be open to inspection by the division director or designee at any time during regular business hours.

 

          (n)  A shorefront property owner who holds a permit for a commercial mooring for hire shall maintain records of all lessees occupying the shorefront property who rent or lease the mooring for hire.  These records shall be produced for inspection at the division office upon written request sent to the shorefront property owner by the division director, within 10 business days of receipt of the request.

 

          (o)  A shorefront property owner may hold only one shorefront property permit for a mooring within the shorefront property owner’s shorefront property mooring area dependent upon the person’s status as shorefront property owner, and that permit may be a commercial mooring for hire or a shorefront property mooring.

 

          (p)  Only one mooring permit under Pda 500 shall be issued for any one vessel, provided that 2 mooring permits may be issued for one vessel if one of the mooring permits is for a mooring location at the Isles of Shoals.

 

          (q)  The granting of a mooring permit under Pda 500 shall not constitute authority to secure any mooring or related equipment to any property above the mean high water mark.

 

Source.  #7940, eff 8-23-03; amd by #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

PART Pda 504  SETTING OF MOORINGS

 

          Pda 504.01  Determination of Mooring Locations.  The chief harbor master or designee shall determine the location of a mooring for which a mooring permit has been issued in accordance with the following criteria and procedures:

 

          (a)  The chief harbor master or designee shall consult with the permit holder or the permit holder’s representative when the mooring location is being determined;

 

          (b)  The permit holder shall provide or arrange for the provision of the necessary mooring equipment and the means to set the mooring; and

 

          (c)  The chief harbor master or designee shall designate the location where the mooring is to be set so that:

 

(1)  The mooring does not impede navigation or interfere with other vessels;

 

(2)  The mooring placement accommodates the LOA and draft of the vessel; and

 

(3)  The placement allows, to the extent practicable, the maximum use of the mooring field, mooring subfield, or nearshore area without the relocation of existing moorings.

 

Source.  #7940, eff 8-23-03; amd by #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 504.02  Relocation of Moorings.

 

          (a)  The chief harbor master or designee shall require the owner of a mooring to relocate a mooring under the following circumstances:

 

(1)  The mooring is required to be relocated under Pda 510.04; or

 

(2)  The chief harbor master or designee determines that the relocation of a mooring is necessary in order to maximize, to the extent practicable, usage of a mooring field, mooring subfield, or nearshore area to allow additional vessel(s) to be moored in the mooring field, mooring subfield, or nearshore area.

 

          (b)  The owner of the mooring shall be responsible for the cost of relocating the mooring, except when a relocation is required in order to accommodate another vessel under (a)(2) above.  In such a case, the owner(s) of the vessel(s) being accommodated shall be responsible for the cost of relocating the mooring(s).  If the owner(s) of the vessel(s) seeking accommodation declines to be responsible for the cost of relocating the mooring(s), the existing mooring(s) shall not be relocated.

 

Source.  #7940, eff 8-23-03; amd by #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

PART Pda 505  MOORING PERMITS

 

            Pda 505.01  Types of Mooring Permits.  The following types of mooring permits shall be issued under the permit system established in Pda 500:

 

            (a)  General use mooring;

 

            (b)  Shorefront property owner mooring;

 

            (c)  Commercial use mooring;

 

            (d)  Commercial mooring for hire mooring;

 

            (e)  Non-revenue mooring; and

 

            (f)  Temporary seasonal mooring for a:

 

(1)  General use mooring; or

 

(2)  Commercial use mooring.

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19); ss by #12958, eff 12-24-19

 

          Pda 505.02  Granting of Mooring Permits; Duration and Transferability of Permits.

 

          (a)  The division director or designee shall grant mooring permits pursuant to Pda 507, except as specified for commercial mooring for hire mooring permits in Pda 506.09(h).

 

          (b)  A mooring permit shall be valid for a one-year period from April 1 to March 31 of the following year.  All mooring permits issued during the time period from April 1 to March 31 shall expire on March 31.

 

          (c)  A mooring permit shall not be transferred to any other person, except as provided in Pda 508.

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19; ss by #12958, eff 12-24-19

 

          Pda 505.03  Determination of Suitability of a Replacement or Modified Existing Vessel for a Permitted Mooring; Modification of Existing Mooring Permit.

 

          (a)  A mooring permit holder may seek a preliminary determination from the division of the suitability of a permitted mooring for a replacement vessel to be acquired by the permit holder or for an existing vessel that the permit holder seeks to modify and that is identified in a valid mooring permit in accordance with the following procedures:

 

(1)  The mooring permit holder may seek such preliminary determination by providing in writing to the division the information specified in (b)(1)b. or (b)(2) below, as applicable;

 

(2)  Upon receiving such a request for preliminary determination, the division shall determine if the replacement vessel or the existing vessel after modification would meet the requirements of (c)(1) below, as applicable;

 

(3)  If the division determines that the vessel to be acquired or modified would meet the requirements of (c)(1) below, the division shall send notice of its preliminary determination in writing to the mooring permit holder;

 

(4)  The division shall not make any changes to the vessel information on the permit holder’s mooring permit until the mooring permit holder has provided the division with the documentation required under (b)(1) below for a replacement vessel or under (b)(2) below for an existing vessel that will be modified; and

 

(5)  The division shall withdraw its preliminary determination that a mooring would be suitable for a replacement or modified vessel, if the information submitted for the preliminary determination is incorrect or incomplete.

 

          (b)  If a mooring permit holder acquires a replacement vessel or modifies an existing vessel identified in a permit as described in (e) below, the mooring permit holder shall, before attaching such replacement or modified vessel to the permitted mooring:

 

(1)  If the vessel is a replacement vessel:

 

a.  Notify the division in writing of the change in vessel;

 

b.  Provide for the replacement vessel applicable information required under:

 

1.  Pda 511.01(b)(8);

 

2.  Pda 511.02(b)(9);

 

3.  Pda 511.03(b)(10); or

 

4.  Pda 511.05(b)(8);

 

c.  Send to the division a copy of the replacement vessel registration, if the vessel is required to be registered under New Hampshire law; and

 

d.  Send to the division a photograph of the replacement vessel, if the vessel is not required to be registered under New Hampshire law;

 

(2)  If the existing vessel identified in the permit has been modified as described in (e) below, notify the division in writing of each specific modification made to the vessel; and

 

(3)  Obtain from the division written confirmation of:

 

a.  Approval of the use of the mooring for the replacement or modified existing vessel, under (c)(2) below; or

 

b.  Satisfaction of the terms of conditional approval for the use of the mooring for the replacement or modified existing vessel, under (c)(3) and (4) below.

 

          (c)  When the division receives a notification pursuant to (b) above, the division shall:

 

(1)  Determine if the replacement vessel or the modified existing vessel named on the permit can be moored at the permitted location in compliance with the requirements of Pda 504.01(c)(1) and

 

(2)  Approve the use of the permitted mooring for the replacement or modified existing vessel and modify the permit to refer to replacement or modified existing vessel, if the division determines that the mooring of the vessel would comply with the provisions cited in (1) above;

 

(3)  Conditionally approve the use of the permitted mooring for a replacement or modified existing vessel, if the division determines that the replacement or modified existing vessel would comply with provisions cited in (1) and, in the case of a relocation:

 

a..  The relocation shall not reduce the total number of mooring locations existing within a mooring field, mooring subfield, or nearshore area at the time just prior to the relocation; and

 

b.  The holder of the mooring permit sending notification to the division under (b) above shall be responsible for the cost of relocating his or her mooring and for the cost of relocating any other mooring(s) in the mooring field, mooring subfield, or nearshore area which are relocated to accommodate the changed LOA or draft of the replacement or modified existing vessel;

 

(4)  After the holder of a mooring permit has received conditional approval under (3)  above and the required conditions are met, modify the permit to refer to the replacement or modified existing vessel; and

 

(5)  Deny approval of the use of the permitted mooring for the replacement or modified existing vessel, if the division determines that:

 

a.  The mooring location does not accommodate the LOA and draft of the replacement or modified existing vessel, and:

 

1.  It is not possible to relocate the mooring within the mooring field, mooring subfield, or nearshore area in compliance with Pda 504.01(c)(1) and (2); or

 

2.  The conditions for the relocation of a mooring under Pda 504.02 have not been met; or

 

b.  Mooring the replacement or modified existing vessel at the permitted mooring location would impede navigation or interfere with other vessel(s) and:

 

1.  It is not possible to relocate the mooring within the mooring field, mooring subfield, or nearshore area in compliance with Pda 504.01(c)(1) and (2); or

 

2.  The conditions for the relocation of a mooring under Pda 504.02 have not been met.

 

          (d)  If the division approves the modification of an existing permit under (c)(2) or (c)(4) above, the division shall issue a modified permit to the permit holder, provided that the holder of the mooring permit shall pay to the division an amount equal to the difference in the amount, if any, that the permit fee for the modified permit exceeds the permit fee paid for the original permit.  The expiration date of the modified permit shall be the same as the originally issued permit.  Upon expiration of the modified permit, the permit holder may seek reissuance of the permit in accordance with Pda 506.04.

 

          (e)  Modification of an existing vessel shall consist of any change that affects vessel information for an existing vessel as described in:

 

(1)  Pda 511.01(b)(8);

 

(2)  Pda 511.02(b)(9);

 

(3)  Pda 511.03(b)(10); or

 

(4)  Pda 511.05(b)(8).

 

Source.  #7940, eff 8-23-03; amd by #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 505.04  Updating Certain Information in a Mooring Permit.  In order to maintain updated information with the division, each permit holder shall notify the division in writing, within 30 business days of the change, of any changes to information in the permit relating to:

 

          (a)  An applicant’s name, address, telephone number, or contact person as described in:

 

(1)  Pda 511.01(b)(1)-(6);

 

(2)  Pda 511.02(b)(1)-(7);

 

(3)  Pda 511.03(b)(1)-(4), (6), (8)-(9);

 

(4)  Pda 511.04(b)(1)-(4), (7)-(9); or

 

(5)  Pda 511.05(b)(1)-(5), (7);

 

          (b)  Type of business organization as described in Pda 511.03(b)(7); or

 

          (c)  Organizational structure or nature of the business as described in Pda 511.04(b)(5) or (6).

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

PART Pda 506  MOORING PERMIT APPLICATIONS; PROCESSING OF INITIAL APPLICATIONS AND APPLICATIONS FOR EXISTING MOORINGS

 

          Pda 506.01  Mooring Permit Initial Applications; When Fee Returned.  Each person seeking to set a mooring within the state tidal waters shall submit a completed initial mooring application and permit form in accordance with Pda 506.06, Pda 506.07, Pda 506.08, Pda 506.09, or Pda 506.10.  If the division determines that there are no mooring locations available in the mooring field, mooring subfield, nearshore area, or at the location requested by the applicant, the division shall return the applicant’s initial application and permit form and mooring permit application fee, and the applicant may file a mooring wait list application in accordance with Pda 509 for a mooring field, mooring subfield, or nearshore area. An application for a mooring at a mooring location not previously permitted may be filed at any time.

 

Source.  #7940, eff 8-23-03; ss by #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 506.02  Types of Mooring Permit Applications.

 

          (a)  General use mooring permit applications shall be used by general use and temporary seasonal general use mooring permit applicants.

 

          (b)  Shorefront property owner mooring permit applications shall be used by shorefront property mooring permit applicants.

 

          (c)  Commercial use mooring permit applications shall be used by commercial use and temporary seasonal commercial use mooring permit applicants.

 

          (d)  Commercial mooring for hire mooring permit applications shall be used by commercial mooring for hire mooring permit applicants.

 

          (e)  Non-revenue mooring permit applications shall be used by state agencies.

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 506.03  Processing of Mooring Permit Applications.  The division shall record the date and time of receipt of each completed mooring permit application on the application.

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

Pda 506.04  Mooring Permit Applications for Existing Moorings.

 

            (a)  Except as provided in (f) and g below, no later than January 15 of each year, the division shall mail mooring permit applications to current mooring permit holders.  The division shall pre-enter all of the permit holder’s information on the permit application relating to the applicant and the vessel, as provided on the applicant’s current permit, except the date the applicant is required to specify when signing the application.

 

            (b)  Applications shall be mailed to the permit holder at the address specified by the permit holder on the mooring permit then in effect, or, if none is specified, to the permit holder’s permanent address.

 

            (c)  A mooring permit holder shall only be able to reapply for a mooring permit by submitting an application for the same type of mooring permit currently held, except that, if eligible:

 

 

(1)  A shorefront property mooring permit holder may submit a permit application for a commercial use or commercial mooring for hire mooring permit as described in Pda 502.07(b);

 

(2)  A shorefront property owner holding a commercial mooring for hire mooring permit as described in Pda 502.07(b) may submit a permit application for a shorefront property mooring permit; and

 

(3)  A general use, shorefront property, or commercial use mooring permit holder may notify the division in writing at the time of a mooring permit reapplication that the:

 

a.  Mooring permit holder will not be using his or her mooring location between April 1 and March 31 of the following year; and

 

b.  Mooring location is available for use as a temporary seasonal mooring pursuant to Pda 506.11.

 

            (d)  Any applicant filing a mooring permit application in accordance with this section shall return a completed application with the required information and documentation for the type of mooring applied for as specified in Pda 511, and the permit fee, to the division’s office no later than March 1.  Failure to meet the application deadline, whether or not the applicant received an application form with information pre-entered by the division, shall result in a denial in accordance with Pda 507, unless the applicant files a completed application with the required information, documentation, permit fee, and late application fee within 10 business days after March 1.  An applicant who fails to comply with the March 1 deadline or the late application deadline shall not submit an application under this section, but may make an application pursuant to Pda 506.01, including possible placement on a wait list under Pda 509, unless the reason for the late application was one of the reasons listed in Pda 514.04(d)(1)c. or Pda 514.05(d)(1)c.  If the applicant fails to comply with the March 1 deadline or the late application deadline for one of the reasons listed in Pda 514.04(d)(1)c. or Pda 514.05(d)(1)c. and wishes to appeal the permit denial to the authority under Pda 514.06, the applicant shall first file his or her application for reconsideration with the division director under Pda 514.03.

 

          (e)  If an application is in compliance with Pda 506.06, Pda 506.07, Pda 506.08, Pda 506.09, or Pda 506.10, as appropriate, and the division grants a permit under Pda 507, the division shall mail, by first class mail, a photocopy of the permit to the mooring permit applicant within 10 business days of permit issuance. The mailing shall be sent to the mooring permit applicant at the address specified by the applicant on the mooring permit application, or, if none is specified, to the applicant’s permanent address.

 

          (f)  When a current mooring permit holder makes a mooring location available for a temporary seasonal mooring under (c)(3) above, the permit shall remain valid, provided that the permit holder continues to own the vessel named in the permit or complies with Pda 505.03 if the vessel named in the permit is modified or replaced.

 

          (g)  A general use mooring permit holder may submit an application to change the category of his or her existing mooring to commercial at any time during the permit year provided he or she meets all of the commercial mooring application requirements contained within Pda 506.08.

 

Source.  #7940, eff 8-23-03; amd by #9641, eff 2-1-10; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19; ss by #12958, eff 12-24-19

 

          Pda 506.05  Mooring Permit Application; Alteration of Information Relating to Vessel Prohibited; Correction of Certain Incorrect Pre-entered Information.

 

          (a)  When a current mooring permit holder makes an application for a mooring permit pursuant to Pda 506.04, the applicant shall not alter information pre-entered on the application by the division relating to the vessel. If any pre-entered information relating to the vessel identified in the permit in such an application requires revisions, or if the applicant has a newly-acquired vessel, the applicant shall comply with the requirements of Pda 505.03.

 

          (b)  If any pre-entered information as specified in (c) below is incorrect, the applicant shall make the necessary correction(s) on the application form. The applicant shall return the signed and completed application, the permit fee, and the vessel registration, on or before the deadline specified in Pda 506.04.  All applications pursuant to Pda 506.04 shall be returned to the division on or before the deadline specified in Pda 506.04.

 

          (c)  The applicant shall correct, on the application form, any incorrect information relating to the following:

 

(1)  Any typographical or apparent clerical error, provided that no change to vessel information shall be considered correction of a typographical or clerical error;

 

(2)  An applicant’s name, address, telephone number, or contact person as described in:

 

a.  Pda 511.01(b)(1)-(6);

 

b.  Pda 511.02(b)(1)-(7);

 

c.  Pda 511.03(b)(1)-(4), (6), (8)-(9);

 

d.  Pda 511.04(b)(1)-(4), (7)-(9); or

 

e.  Pda 511.05(b)(1)-(5), (7);

 

(3)  Type of business organization as described in Pda 511.03(b)(7); or

 

(4)  Organizational structure or nature of the business as described in Pda 511.04(b)(5) or (6).

 

Source.  #7940, eff 8-23-03; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19; ss by #12958, eff 12-24-19

 

          Pda 506.06  General Use Mooring Permit; Application Requirements; Processing.

 

          (a)  An applicant for a general use mooring permit or temporary seasonal general use mooring permit as provided in Pda 506.11(e)(1) shall obtain a general use mooring application form:

 

(1)  In person, from the division office located at 555 Market Street, Portsmouth, New Hampshire; or

 

(2)  By sending a request in writing, including a self-addressed, stamped envelope to the division office at the following address:

 

Pease Development Authority

Division of Ports and Harbors

555 Market Street

Portsmouth, NH  03801

 

          (b)  The applicant shall provide the information and certifications required on the general use mooring permit form, as provided in Pda 511.01(b) and (d).

 

          (c)  The applicant shall attach to the application:

 

(1)  If the vessel is not required to be registered under New Hampshire law, a photograph of the vessel; and

 

(2)  Payment of the mooring permit fee, provided that fees paid in the form of a check or a money order shall be made payable to “Pease Development Authority, Division of Ports and Harbors” or “PDA-DPH.”

 

          (d)  The applicant shall:

 

(1)  Sign and certify the mooring application form; and

 

(2)  Return the application form with the attachments specified in (c) above.

 

          (e)  Upon receipt of an application for a general use mooring permit by the division, the chief harbor master or designee shall verify that:

 

(1)  The applicant has provided all applicable information requested on the application;

 

(2)  Information pre-entered on the application by the division has not been altered in violation of Pda 506.05, if the application is an application submitted by a current mooring permit holder;

 

(3)  A photocopy of the current New Hampshire state registration is attached to the application unless the vessel is not required to be registered under New Hampshire law;

 

(4)  A photograph of the vessel is attached to the application, if the vessel is not required to be registered under New Hampshire law;

 

(5)  The vessel information on the New Hampshire state registration is the same vessel information provided on the application, if the vessel is required to be registered under New Hampshire law;

 

(6)  That there is a mooring location within the mooring field, mooring subfield, or nearshore area or at the location for which application is made, sufficient to accommodate the applicant’s vessel;

 

(7)  The mooring permit fee is paid, and, if paid by check or money order, is made payable to “Pease Development Authority, Division of Ports and Harbors” or “PDA-DPH” and is attached to the application;

 

(8)  There is no reason to deny the application under Pda 507.02; and

 

(9)  The applicant has signed and certified the application.

 

          (f)  Within 30 business days of receipt of an application for a general use mooring permit by the division, the chief harbor master or designee shall grant or deny the application consistent with the provisions of Pda 507.02.

 

          (g)  If the applicant is granted a general use mooring permit under Pda 507, and meets the requirements of (e) above, the chief harbor master or designee shall:

 

(1)  Record the permit number on the permit;

 

(2)  Assign the mooring location;

 

(3)  Sign and date the permit; and

 

(4)  Mail a photocopy of the permit to the applicant at the address specified by the applicant on the mooring permit application, or, if none is specified, to the applicant’s permanent address.

 

Source.  #7940, eff 8-23-03; amd by #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 506.07  Shorefront Property Mooring Permits.

 

            (a)  An applicant for a shorefront property mooring permit shall obtain a shorefront property mooring application form:

 

(1)  In person, from the division office located at 555 Market Street, Portsmouth, New Hampshire; or

 

(2)  By sending a request in writing, including a self-addressed, stamped envelope to the division office at the following address:

 

Pease Development Authority

Division of Ports and Harbors

555 Market Street

Portsmouth, NH  03801

 

          (b)  The applicant shall provide the information and certifications required on the shorefront property mooring permit form, as provided in Pda 511.02(b) and (e), and, if a reapplicant, as provided in Pda 511.02(f).

 

          (c)  For an initial application for a shorefront property mooring, the applicant shall attach to the application:

 

(1)  A copy of the current New Hampshire state registration for the vessel listed on the mooring permit application, unless the vessel is not required to be registered under New Hampshire law;

 

(2)  If the vessel is not required to be registered under New Hampshire law, a photograph of the vessel;

 

(3)  A copy of the deed for the shorefront property, from the appropriate county registry of deeds, containing the book and page number for the recorded deed;

 

(4)  A copy of the most recent property tax bill for the shorefront property;

 

(5)  A copy of the portion of the tax map of the municipality in which the shorefront property is located, including the property tax map number and lot number;

 

(6)  Documentation relating to the organizational structure of the applicant, if the applicant is not an individual, as required under Pda 511.02(c)(6), (7), and (8), as applicable; and

 

(7)  Payment of the mooring permit fee, provided that fees paid in the form of a check or a money order shall be made payable to “Pease Development Authority, Division of Ports and Harbors” or “PDA-DPH.”

 

          (d)  An applicant who is reapplying for an existing shorefront property mooring under Pda 506.04 shall attach to the application:

 

(1)  A copy of the current New Hampshire state registration for the vessel listed on the mooring permit application, unless the vessel is not required to be registered under New Hampshire law;

 

(2)  If the vessel is not required to be registered under New Hampshire law, a photograph of the vessel;

 

(3)  A copy of the most recent property tax bill for the shorefront property;

 

(4)  Documentation relating to the organizational structure of the applicant, if the applicant is not an individual, as required under Pda 511.02(c)(6), (7), and (8), as applicable; and

 

(5)  Payment of the mooring permit fee, provided that fees paid in the form of a check or a money order shall be made payable to “Pease Development Authority, Division of Ports and Harbors” or “PDA-DPH.”

 

          (e)  If the applicant is a trust, business organization, or not-for-profit entity, the mooring permit application shall be signed and certified by a duly authorized trustee, officer, partner, manager, proprietor or member of such trust, business organization, or not-for-profit entity, as applicable.

 

          (f)  If the applicant is an individual, the applicant shall sign and certify the mooring permit application form.

 

          (g)  Upon receipt of an application for a shorefront property mooring permit by the division, the chief harbor master or designee shall verify that:

 

(1)  The applicant has provided all applicable information and documentation requested on the application under Pda 511.02;

 

(2)  Information pre-entered on the application by the division has not been altered in violation of Pda 506.05, if the application is an application submitted by a current mooring permit holder;

 

(3)  The following are attached to the application:

 

a.  A photocopy of the current New Hampshire state registration for the vessel listed on the mooring permit application, unless the vessel is not required to be registered under New Hampshire law;

 

b.  A photograph of the vessel, if the vessel is not required to be registered under New Hampshire law;

 

c.  A photocopy of the deed for the shorefront property, if applicable, from the appropriate county registry of deeds, containing the book and page number for the recorded deed;

 

d.  A photocopy of the most recent property tax bill for the shorefront property;

 

e.  A copy of the portion of the tax map of the municipality in which the shorefront property is located, including the property tax map number and lot number, if applicable; and

 

f.  If the applicant is a trust, business organization, or not-for-profit entity, the documentation required under Pda 511.02(c)(6), (7), and (8), as applicable;

 

(4)  The vessel information on the New Hampshire state registration is the same vessel information provided on the application, if the vessel is required to be registered under New Hampshire law;

 

(5)  There is a mooring location within the shorefront property mooring area sufficient to accommodate the applicant’s vessel;

 

(6)  The mooring permit fee is paid, and, if paid by check or money order, is made payable to “Pease Development Authority, Division of Ports and Harbors” or “PDA-DPH” and is attached to the application;

 

(7)  There is no reason to deny the application under Pda 507.02; and

 

(8)  The applicant has signed and certified the application.

 

          (h)  Within 30 business days of receipt of the application by the division, the chief harbor master or designee shall grant or deny the application consistent with the provisions of Pda 507.02.

 

            (i)  If the applicant is granted a mooring permit under Pda 507, and meets the requirements of (g) above, the chief harbor master or designee shall:

 

(1)  Record the permit number on the permit;

 

(2)  Assign the mooring location;

 

(3)  Sign and date the permit; and

 

(4)  Mail a photocopy of the permit to the applicant at the address specified by the applicant on the mooring permit application, or, if none is specified, to the applicant’s permanent address.

 

          (j)  Marinas, condominiums, condominium unit owners’ associations, or any of their individual members, owners, tenants, or related associations shall not be eligible to apply under Pda 500 for a shorefront property mooring.

 

          (k)  Only one shorefront property mooring permit shall be granted for each parcel of shorefront property.

 

Source.  #7940, eff 8-23-03; amd by #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 506.08  Commercial Use Mooring Permit; Application Requirements; Processing.

 

          (a)  An applicant for a commercial use mooring permit or temporary seasonal commercial use mooring permit as provided in Pda 506.11(e)(2) shall:

 

(1)  Obtain a commercial use mooring permit application form:

 

a.  In person, from the division office located at 555 Market Street, Portsmouth, New Hampshire; or

 

b.  By sending a request in writing, including a self-addressed, stamped envelope to the division office at the following address:

 

Pease Development Authority

Division of Ports and Harbors

555 Market Street

Portsmouth, NH  03801

 

(2)  Provide the information and certifications required on the commercial use mooring application form, as provided in Pda 511.03(b) and (d); and

 

(3)  Attach to the application the following:

 

a.  Documentation relating to the business organization as required under Pda 511.03(c)(2)-(5), as applicable; and

 

b.  Payment of the mooring permit fee, provided that fees paid in the form of a check or a money order shall be made payable to “Pease Development Authority, Division of Ports and Harbors” or “PDA-DPH”.

 

          (b)  If the applicant is engaged in commercial fishing, the applicant shall attach to the application:

 

(1)  A photocopy of the New Hampshire fish and game saltwater fishing license or New Hampshire fish and game commercial lobster license of the applicant or, if the applicant is a business entity, of at least one officer or one member of the business entity; and

 

(2)  Documentary evidence of the commercial sales of marine species for the prior calendar year, unless the business is starting up in the year of application.

 

          (c)  If the applicant operates a charter boat, the applicant shall attach to the application:

 

(1)  A photocopy of the US Coast Guard Captain’s license of the applicant, or, if the applicant is a business entity, of at least one officer or one member of the business entity, for the type and size of vessel of the applicant;

 

(2)  A minimum of 2 items of business identification from the following list:

 

a.  A business brochure;

 

b.  A photocopy of the passenger manifest or log book for the most recent month of business operations within the last 12 months prior to the application;

 

c.  A photocopy of receipt(s) for business advertisement(s) commissioned within the most recent 12 months prior to this application; and

 

d.  Evidence of membership in a business or marine-related trade association, including, but not limited to:

 

1.  A current membership card; or

 

2.  A letter from an officer of the association attesting to the current membership of the applicant in the association.

 

          (d)  If the applicant is a water-dependent business, as defined in Pda 502.31 the applicant shall attach to the application:

 

(1)  A minimum of 2 items of business identification from the following list:

 

a.  A business brochure;

 

b.  A photocopy of receipt(s) for business advertisement(s) commissioned within the most recent 12 months prior to this application; and

 

c.  Evidence of membership in a business or marine-related trade association, including, but not limited to:

 

1.  A current membership card; or

 

2.  A letter from an officer of the association attesting to the current membership of the applicant in the association;

 

(2)  An explanation of how the mooring is used to further the purposes of the water-dependent business as defined in Pda 502.31 (a) or (b), as applicable.

 

          (e)  If the applicant business organization is a business entity other than a sole proprietorship or partnership, the application shall be:

 

(1)  Signed and certified by a duly authorized officer or member of such business entity; and

 

(2)  Returned with the attachments specified in (a)(3), (b), (c), and (d), above.

 

          (f)  If the applicant business organization is a sole proprietorship or partnership, the applicant shall:

 

(1)  Sign and certify the mooring application form; and

 

(2)  Return the application form with the attachments specified in (a)(3), (b), (c), and (d) above.

 

          (g)  Upon receipt of an application for a commercial use mooring permit by the division, the chief harbor master or designee shall verify that:

 

(1)  The applicant has provided all applicable information and documentation required under Pda 511.03;

 

(2)  Information pre-entered on the application by the division has not been altered in violation of Pda 506.05, if the application is an application submitted by a current mooring permit holder;

 

(3)  A copy of the current New Hampshire commercial vessel state registration is attached to the application;

 

(4)  The vessel information on the New Hampshire state registration is the same vessel information provided on the application;

 

(5)  There is a mooring location within the mooring field, mooring subfield, or nearshore area or at the location for which application is made, sufficient to accommodate the applicant’s vessel;

 

(6)  The mooring permit fee is paid, provided that fees paid by check or money order shall be made payable to “Pease Development Authority, Division of Ports and Harbors” or “PDA-DPH” and is attached to the application;

 

(7)  The applicant has provided proof of bona fide commercial activity under (b), (c), or (d) above;

 

(8)  There is no reason to deny the application under Pda 507.02; and

 

(9)  The applicant has signed and certified the application.

 

          (h)  Within 30 business days of receipt of an application for a commercial use mooring permit by the division, the chief harbor master or designee shall grant or deny the application consistent with the provisions of Pda 507.02.

 

          (i)  If the applicant is granted a commercial use mooring permit under Pda 507, and meets the requirements of (g) above, the chief harbor master or designee shall:

 

(1)  Record the permit number on the permit;

 

(2)  Assign the mooring location;

 

(3)  Sign and date the permit; and

 

(4)  Mail a photocopy of the permit to the applicant at the address specified by the applicant on the mooring permit application, or, if none is specified, to the applicant’s permanent address.

 

Source.  #7940, eff 8-23-03; amd by #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 506.09  Commercial Mooring For Hire Mooring Permit; Application Requirements; Processing.

 

            (a)  An applicant for a commercial mooring for hire mooring permit shall obtain a commercial mooring for hire mooring permit application form:

 

(1)  In person, from the division office located at 555 Market Street, Portsmouth, New Hampshire; or

 

(2)  By sending a request in writing, including a self-addressed, stamped envelope to the division office at the following address:

 

Pease Development Authority

Division of Ports and Harbors

555 Market Street

Portsmouth, NH  03801

 

          (b)  The applicant shall provide the information and certification required on the commercial mooring for hire mooring permit application form, as provided in Pda 511.04(b) and (d) and, if a shorefront property owner reapplicant, as provided in Pda 511.04(e). If the applicant is a marina or condominium unit owners’ association, the application may be for a collective mooring area with one or more proposed mooring locations or for an individual mooring not contained in a plan for a collective mooring area. If the applicant is a shorefront property owner, the application shall only be for one individual mooring within the shorefront property owner’s shorefront property mooring area.

 

          (c)  The applicant shall attach:

 

(1)  Documentation relating to the entity as required under Pda 511.04(c)(1)-(6), as applicable; and

 

(2)  The mooring permit fee, provided that fees paid in the form of a check or a money order shall be made payable to “Pease Development Authority, Division of Ports and Harbors” or “PDA-DPH.”

 

          (d)  If a marina, the applicant shall attach to the application:

 

(1)  Documentation that demonstrates that the applicant meets the definition of a marina, such as, but not limited to, the following:

 

a.  A business brochure or a photograph of signage relating to the marina;

 

b.  A photocopy of receipt(s) for business advertisement(s) commissioned within the most recent 12 months prior to this application; or

 

c.  Evidence of membership in a business or marine-related trade association, including, but not limited to:

 

1.  A current membership card; or

 

2.  A letter from an officer of the association attesting to the current membership of the applicant in the association; and

 

(2)  An explanation of how the commercial mooring(s) for hire is used to further the purposes of the business.

 

          (e)  The applicant, or its duly authorized officer or member, shall:

 

(1)  Sign and certify the mooring application form; and

 

(2)  Return the application form with the attachments specified in (c) and (d) above, as applicable.

 

          (f)  Upon receipt of an application for a commercial mooring for hire by the division, the chief harbor master or designee shall verify that:

 

(1)  The applicant has provided all applicable information and documentation required on the application;

 

(2)  Information pre-entered on the application by the division has not been altered in violation of Pda 506.05, if the application is an application submitted by a current mooring permit holder;

 

(3)  If the application is for a single commercial mooring for hire, that there is a mooring location within the mooring field, mooring subfield, or nearshore area or at the location for which application is made, sufficient to accommodate the maximum LOA as specified in the application;

 

(4)  If the application is for a collective mooring area, that there is one or more mooring locations within the mooring field, mooring subfield, or nearshore area for which application is made, sufficient to accommodate the maximum LOA(s) as specified in the application;

 

(5)  The mooring permit fee is paid, provided that fees paid by check or money order shall be made payable to “Pease Development Authority, Division of Ports and Harbors” or “PDA-DPH” and is attached to the application;

 

(6)  The applicant, if a marina, has provided proof of bona fide commercial activity under (d) above;

 

(7)  There is no reason to deny the application under Pda 507.02; and

 

(8)  The applicant has signed and certified the application.

 

          (g)  Upon verification of the information in (f) above, the chief harbor master or designee shall forward the application to the division director.

 

          (h)  The division director shall review the application and prepare a report that includes a summary of the application and a recommendation for approval or denial.  If the application is for a collective mooring area, the director shall review and make a recommendation for each mooring location proposed on the plan. The director’s report shall be forwarded to the authority for approval or denial of the application. The authority shall approve or deny the application in accordance with the criteria in Pda 507.02.

 

            (i)  If the applicant is granted a mooring permit under Pda 507, and meets the requirements of (f) above, the chief harbor master or designee shall, for each individual mooring and for each mooring in a collective mooring area:

 

(1)  Record the permit number on the permit;

 

(2)  Assign the mooring location;

 

(3)  Sign and date the permit; and

 

(4)  Mail a photocopy of the permit to the applicant at the address specified by the applicant on the mooring permit application, or, if none is specified, to the applicant’s permanent address.

 

Source.  #7940, eff 8-23-03; amd by #8184, eff 10-1-04; amd by #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19

 

          Pda 506.10  Non-Revenue Mooring Permits; Waiver of Fees.

 

            (a)  An applicant for a non-revenue mooring permit shall obtain a non-revenue mooring application form:

 

(1)  In person, from the division office located at 555 Market Street, Portsmouth, New Hampshire; or

 

(2)  By sending a request in writing, including a self-addressed, stamped envelope to the division office at the following address:

 

Pease Development Authority

Division of Ports and Harbors

555 Market Street

Portsmouth, NH  03801

 

          (b)  The applicant shall provide the information and certification required on the non-revenue mooring permit form for each mooring field, mooring subfield, nearshore area, or mooring location, as provided in Pda 511.05(b) and (d).

 

          (c)  The applicant shall attach to the application:

 

(1)  A copy of the current New Hampshire state registration(s) for the vessel(s) listed on the mooring permit application; and

 

(2)  The request for a non-revenue mooring as described in (h) below.

 

          (d)  The applicant shall:

 

(1)  Sign and certify the mooring application form; and

 

(2)  Return the application form with the attachments specified in (c) above.

 

          (e)  Upon receipt of an application for a non-revenue mooring permit by the division, the chief harbor master or designee shall verify that:

 

(1)  The applicant has provided all applicable information requested on the application;

 

(2)  Information pre-entered on the application by the division has not been altered in violation of Pda 506.05, if the application is an application submitted by a current mooring permit holder;

 

(3)  A photocopy of the current New Hampshire state registration(s) is attached to the application;

 

(4)  The vessel information on the New Hampshire state registration is the same vessel information provided on the application;

 

(5)  There is a mooring location(s) within the mooring field, mooring subfield, or nearshore area or at the location(s) for which application is made, sufficient to accommodate the applicant’s vessel(s);

 

(6)  There is no reason to deny the application under Pda 507.02; and

 

(7)  The applicant has signed and certified the application.

 

          (f)  Within 30 business days of receipt of the application by the division, the chief harbor master or designee shall grant or deny the application consistent with the provisions of Pda 507.02.

 

          (g)  If the applicant is granted a mooring permit under Pda 507, and meets the requirements of (e) above and (h) and (i) below, the chief harbor master or designee shall:

 

(1)  Record the permit number(s) on the permit(s);

 

(2)  Assign the mooring location(s);

 

(3)  Sign and date the permit; and

 

(4)  Mail a photocopy of the permit to the applicant at the address specified by the applicant on the mooring permit application, or, if none is specified, to the applicant’s permanent address.

 

          (h)  In addition to the application, the applicant shall submit a written request to the division. There shall be a separate written request for each mooring field, mooring subfield, nearshore area, or location for which a mooring(s) is requested.

 

          (i)  The request submitted pursuant to (h) above shall, at a minimum, include:

 

(1