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
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
#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
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
(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
(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
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
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
(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) The location(s) of the
non-revenue mooring or the mooring field, mooring subfield, or nearshore area
in which the non-revenue mooring(s) is to be located;
(2) The reason(s) a non-revenue
mooring(s) is needed;
(3) The number of non-revenue
mooring(s) requested;
(4) The length of time the
mooring(s) is needed; and
(5) The LOA and draft of the
vessel(s) to be moored.
(j) The request for a non-revenue mooring shall
be directly related to the state agency’s statutory duties or responsibilities.
(k) A non-revenue mooring permit shall be issued
for a period of no more than one year. Waiver(s) of mooring fees shall be
automatically reconsidered annually for applicants under this section only upon
receipt by the division of a non-revenue mooring application and the review of
a non-revenue mooring request containing the information required in (i)(1)-(5).
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 506.11 Temporary Seasonal Mooring Permit;
Application Requirements; Processing.
(a) If a general use mooring permit holder or a
shorefront property mooring permit holder makes the mooring location available
for use as a temporary seasonal mooring, the permit holder shall notify the
division in writing prior to March 1. The chief harbor master or designee shall
follow the wait list procedures in Pda 509.06(b) to determine if any person on
the wait list wishes to apply for a temporary seasonal mooring permit at the
mooring location.
(b) If a commercial use mooring permit holder
makes the mooring location available for use as a temporary seasonal mooring,
the permit holder shall notify the division in writing prior to March 1. The
chief harbor master or designee shall follow the wait list procedures in Pda
509.06(c) to determine if any person on the wait list wishes to apply for a
temporary seasonal mooring permit at the mooring location, provided that only a
party engaged in bona fide commercial activity as provided in Pda 506.08(b),
(c), or (d) shall qualify for a temporary seasonal mooring at the mooring
location.
(c) The chief harbor master or designee shall
notify the person highest on the wait list contacted under (a) or (b) above who
expresses a timely interest in obtaining a temporary seasonal mooring permit
that the person may file a temporary seasonal mooring application for the
available mooring location. At the same time, the chief harbor master or
designee shall provide the person with contact information of the person whose
mooring equipment is in place at the mooring location.
(d) Within 10 business days of the notification
under (c) above, a temporary seasonal mooring permit applicant shall complete a
temporary seasonal mooring permit application.
(e) An applicant for a temporary seasonal mooring
permit for a:
(1) General use mooring shall
make an application for a temporary seasonal general use mooring in accordance
with Pda 506.06(a)-(d); and
(2) Commercial use mooring shall
make an application for a temporary seasonal commercial use mooring, in
accordance with Pda 506.08(a)-(f).
(f) Upon receipt by the division of a temporary
seasonal mooring permit application form for a:
(1) Temporary seasonal general
use mooring permit, the chief harbor master or designee shall verify that:
a. The
applicant has provided all applicable information requested on the application;
b. 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;
c. A
photograph of the vessel is attached to the application, if the vessel is not
required to be registered under New Hampshire law;
d. 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;
e. The
mooring location is sufficient to accommodate the applicant’s vessel;
f. 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;
g. There is
no reason to deny the application under Pda 507.02; and
h. The
applicant has signed and certified the application; and
(2) Temporary seasonal
commercial use mooring permit, the chief harbor master or designee shall verify
that:
a. The
applicant has provided all applicable information and documentation required on
the application;
b. A copy of
the current New Hampshire commercial vessel state registration is attached to
the application;
c. The
vessel information on the New Hampshire state registration is the same vessel
information provided on the application;
d. The
mooring location is sufficient to accommodate the applicant’s vessel;
e. 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;
f. The
applicant has provided proof of bona fide commercial activity under (b) above;
g. There is
no reason to deny the application under Pda 507.02; and
h. The
applicant has signed and certified the application.
(g) 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.
(h) If the applicant is granted a temporary
seasonal mooring permit under Pda 507, and meets the requirements of (f) 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.
(i) If a temporary
seasonal mooring permit is granted pursuant to Pda 507 between April 1 and
September 30, and the temporary seasonal mooring permit holder supplies his or
her own mooring equipment, the permit holder shall have 30 business days from
the date of issuance of the mooring permit to set the mooring equipment in
accordance with Pda 510.
(j) A mooring permit holder who has made a
mooring location available for use as a temporary seasonal mooring shall:
(1) Not use the mooring during
the time period covered by the temporary mooring permit; and
(2) Be able to make the mooring
location available for use as a temporary seasonal mooring again only after at
least one mooring season has elapsed after the mooring’s use as a temporary
seasonal mooring location.
Source. #9975,
eff 8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958,
eff 12-24-19
PART Pda 507
GRANT OR DENIAL OF MOORING APPLICATIONS; REVOCATION OF PERMITS; HEARINGS
Pda
507.01 Granting of Mooring
Applications; Priority.
(a) If a wait list exists for the mooring field,
mooring subfield, or nearshore area for which a mooring permit application is
received, the division shall place a mooring permit applicant on a mooring wait
list, as provided in Pda 509.
(b) If no wait list exists for the mooring
location for which a mooring permit application is made under Pda 506.01, a
mooring permit shall be granted to an applicant if:
(1) The division determines that
the applicant meets the requirements for the mooring permit for which the
applicant applied under Pda 506;
(2) There is a mooring location
available in the requested mooring field, mooring subfield, or nearshore area
or in the requested location that is suited to the LOA and draft of the vessel;
(3) The division has not denied
the application under Pda 507.02; and
(4) The applicant’s application
is the earliest complete mooring application received by the division for the
requested mooring field, mooring subfield, nearshore area, or mooring location,
if more than one application for the mooring field, mooring subfield, nearshore
area, or mooring location was received by the division.
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
507.02 Reasons for Denial of
Application.
(a) The director shall deny a mooring permit
application if:
(1) The division has not
received the completed application, required documentation, and permit fee by
the deadline specified in Pda 506.04;
(2) The applicant has altered
any information pre-entered by the division, as prohibited under Pda 506.05;
(3) There is no available space
in the requested mooring field, mooring subfield, or nearshore area;
(4) There is no mooring location
in the requested mooring field, mooring subfield, or nearshore area or at the
requested location for the applicant’s vessel in compliance with Pda
504.01(c)(1) and (2);
(5) The applicant has not included
the required mooring permit fee or, if applicable, late application fee;
(6) The vessel cannot be
provided with a mooring location in the requested mooring field, mooring
subfield, or nearshore area or at the requested location without interfering
with or impeding navigation, thus constituting a hazard to public safety;
(7) The division determines that
the water depth, shoreline configuration, wind exposure, domestic water use in
the area, or other environmental conditions and effects are such that the
vessel cannot be moored in a mooring location in the requested mooring field,
mooring subfield, or nearshore area or at the requested location;
(8) The mooring cannot be
located in the requested mooring field, mooring subfield, or nearshore area or
at the requested location without unreasonably interfering with recreational
uses of the water and adjacent land as described in (b) below;
(9) The applicant has not
provided the required information and documentation under Pda 506.06, Pda
506.07, Pda 506.08, Pda 506.09, or Pda 506.10, for the type of permit applied
for;
(10) The applicant has provided
materially false information on the application form, or has provided
materially false or invalid information in any of the documentation required
under Pda 506;
(11) The applicant has failed
to:
a. Timely pay
any fees or other costs due to the authority or the division under RSA
12-G:42-53 or rules adopted thereunder, and such fees or other costs remain due
and payable at the time the application is filed;
b. Timely pay
any fines assessed under RSA 12-G:52 or RSA 12-G:52-a, and such fine or fines
remain due and payable at the time the application is filed; or
c. Obey any
lawful order of the director, the chief harbor master, the deputy chief harbor
master, a harbor master, or an assistant harbor master, and full compliance
with such lawful order remains outstanding at the time the application is
filed; or
(12) The applicant has submitted
an application containing false certifications.
(b) For the purposes of (a)(8) above, a mooring
location shall be considered an unreasonable interference if it would:
(1) Interfere with a shorefront
property abutter’s use of the water in front of his or her property;
(2) Pose a safety hazard to
users of the state tidal waters; or
(3) Creates any other
interference that would constitute a hazard or nuisance.
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
507.03 Revocation of Mooring Permit.
(a) The director, after notice and an opportunity
for a hearing, shall revoke a mooring permit for any of the following reasons:
(1) The location of the mooring
interferes with or impedes navigation, thus constituting a hazard to public
safety, and it is not possible to relocate the mooring within the mooring
field, mooring subfield, or nearshore area or near the requested location so as
to remove the hazard;
(2) A shorefront property owner
who applied for and received a shorefront property mooring permit or a
commercial mooring for hire mooring permit has subsequently sold the shorefront
property;
(3) The mooring was transferred
for any reason other than the reasons allowed in Pda 508;
(4) The applicant has provided
materially false information on the application form, or has provided
materially false or invalid information in any of the documentation required
under Pda 506;
(5) The applicant has submitted
an application containing false certifications;
(6) The division determines that
the water depth, shoreline configuration, wind exposure, domestic water use in
the area, or other environmental conditions and effects are such that the
location is no longer appropriate for moorings and it is not possible to
relocate the mooring so as to avoid the problem;
(7) The mooring is located in
the mooring field, mooring subfield, or nearshore area or at the requested
location in a manner causing unreasonable interference with recreational uses
of the water and adjacent land as described in (b) below, and it is not
possible to relocate the mooring within the mooring field, mooring subfield, or
nearshore area or near the requested location so as to avoid the interference;
(8) The permit holder obtains a
different vessel or modifies an existing vessel and fails to comply with Pda
505.03 before attaching the different or modified vessel to the permit holder’s
mooring;
(9) The permit holder failed to
install a mooring buoy within the time period required under Pda 510.01;
(10) The permit holder failed to
obey any lawful order of the director, the chief harbor master, the deputy
chief harbor master, a harbor master, or an assistant harbor master;
(11) The permit holder violated any provision of:
a. RSA 12-G; or
b. Any rule adopted by the authority under RSA
12-G;
(12) The permit holder made any
change in the mooring location without prior written authorization from the
division;
(13) The permit holder ceases to
have any ownership interest in the vessel identified in the permit holder’s
permit;
(14) The permit holder failed to
pay any fines or costs assessed under RSA 12-G relating to vessels or moorings;
(15) The permit holder failed to
mark the mooring buoy in accordance with Pda 510.02;
(16) The permit holder returned
the permit to the division in accordance with Pda 507.05;
(17) The permit holder did not
provide the written notification to the division required under Pda 507.05(a);
or
(18) The permit holder is convicted of a crime in
any jurisdiction in which the mooring was used in the furtherance of criminal
activity.
(b) For the purposes of (a)(7) above, a mooring
location shall be considered an unreasonable interference if it:
(1) Interferes with a shorefront
property abutter’s use of the water in front of his or her property;
(2) Poses a safety hazard to
users of the state tidal waters; or
(3) Creates any other
interference that would constitute a hazard or nuisance.
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
507.04 Hearings; Notice of Denial.
(a) Any hearing required pursuant to Pda
507.03(a) shall be held by the director or designee.
(b) If a mooring permit is denied, or revoked
under Pda 507.03 after notice and opportunity for a hearing, notice of the
denial or revocation and the reason(s) therefore shall be sent to the applicant
in writing within 10 business days of the decision.
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
507.05 Written Notification and
Return of Permit Required in Certain Circumstances.
(a) A mooring permit holder shall provide written
notification to the division within 15 business days of:
(1) The sale or other
disposition of the vessel for which the permit has been issued;
(2) The sale of the shorefront
property used to qualify for a shorefront property mooring permit;
(3) The sale of the shorefront
property used to qualify for a commercial mooring for hire mooring permit as
described in Pda 502.05(b); or
(4) The mooring permit holder’s
not requiring the mooring for any reason.
(b) A person required under (a)(1) or (4) above
to provide written notification to the division shall return the permit to the
division within 15 business days of the event requiring notification under
(a)(1) or (4) above.
(c) A person required under (a)(2) and (3) above
to provide written notification to the division shall return the permit to the
division within 30 business days of the sale of the qualifying shorefront
property.
(d) A new mooring permit shall not be issued to
the mooring permit holder within the period of time covered by the permit
required to be returned, if the holder fails to return the permit as required
under (a) above.
Source.
#7940, eff 8-23-03; amd by #8184, eff 10-1-04; ss by #9975, eff
8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff
12-24-19
Pda 507.06 Removal
of Equipment When Permit Revoked.
(a)
When a mooring permit is revoked, the owner of the mooring shall remove
the block and tackle or other mooring equipment pursuant to Pda 510.07.
(b)
If the owner of the mooring fails to remove the block and tackle or
other mooring equipment within the time required under Pda 510.07, the division
shall cause the block and tackle or other mooring equipment to be removed in
accordance with Pda 510.08, at the expense of the owner.
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 508
TRANSFER OF MOORING PERMITS
Pda
508.01 Transfer of Commercial Use
Mooring Permits.
(a) A commercial vessel owner may transfer his or
her commercial use mooring permit(s) to a new owner if the permit holder’s
business, including the vessel for which the commercial use mooring permit(s)
was issued by the division, is sold or under a contract of sale, subject to:
(1) The buyer’s submitting an
application for a commercial use mooring permit for the same type of business
or another type of business that would qualify for a commercial use mooring
permit and all applicable documentation;
(2) Payment of the commercial
use mooring permit transfer fee for transfers pursuant to Pda 508.01(a),
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;” and
(3) Approval of the transfer by
the authority upon the buyer’s showing that he or she has complied with all the
requirements for a commercial use mooring permit.
(b) The owner of a water-dependent business as
described in Pda 502.31(b) may transfer his or her commercial use mooring
permit(s) to a new owner if the permit holder’s business is sold or under
contract of sale, subject to:
(1) The buyer’s submitting an
application for a commercial use mooring permit for a water-dependent business
as described in Pda 502.31(b) and all applicable documentation;
(2) Payment of the commercial
use water dependent business mooring permit transfer fee for transfers pursuant
to Pda 508.01(b), 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;” and
(3) Approval of the transfer by
the authority upon the buyer’s showing that he or she has complied with all the
requirements for a commercial use mooring permit.
(c) The division shall only consider written
transfer requests made by the owner of record and mailed or hand delivered to
its office at:
Pease Development Authority
Division of Ports and Harbors
555 Market Street
Portsmouth, NH 03801
(d) If a holder of a commercial use mooring
permit ceases operation of the commercial entity for which the permit was
issued, the permit shall lapse.
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 508.02 Transfer
of Commercial Mooring for Hire Mooring Permit.
(a)
A holder of a commercial mooring for hire mooring permit may transfer
his or her commercial mooring for hire mooring permit(s) to a new owner if the
permit holder’s business is sold or transferred, subject to:
(1)
The buyer’s submitting an application for a commercial mooring for hire
mooring permit and all applicable documentation;
(2)
Payment of the commercial mooring for hire mooring permit transfer fee
for transfers pursuant to Pda 508.02, 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;” and
(3)
Approval of the transfer by the authority upon the buyer’s showing that
he or she has complied with all the requirements for a commercial mooring for
hire mooring permit.
(b)
The division shall only consider written transfer requests made by the
owner of record and mailed or hand delivered to its office at:
Pease
Development Authority
Division
of Ports and Harbors
555
Market Street
Portsmouth,
NH 03801
(c)
If the holder of a commercial mooring for hire mooring permit ceases
operation of the business for which the permit was issued, the permit shall
lapse.
(d)
If a shorefront property owner holding a commercial mooring for hire
mooring permit as described in Pda 502.05(b) sells the shorefront property, the
commercial mooring for hire mooring permit shall not be transferable under this
section to the new owner of the property, but the new property owner may apply
for either a shorefront property mooring permit or a commercial mooring for
hire mooring permit in accordance with Pda 509.05(d).
Source.
#7940, eff 8-23-03; amd by #8184, eff 10-1-04; ss by #9975, eff
8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19
(a)
If a vessel is owned by spouses jointly with right of survivorship and
passes to a surviving spouse as a result of death, and the spouse whose name
appears on a general use, shorefront property, or commercial use mooring
permit, or on a commercial mooring for hire mooring permit held by a shorefront
property owner as described in Pda 502.05(b) and granted by the division, dies
during the term of the permit, the division shall transfer the permit to the
name of the surviving spouse if the conditions under (c) below are met.
(b)
If ownership of a vessel previously owned by a deceased spouse whose
name appears on a general use, shorefront property, or commercial use mooring
permit, or on a commercial mooring for hire mooring permit held by a shorefront
property owner as described in Pda 502.05(b) and granted by the division,
passes by will or in accordance with the laws of intestacy to a surviving
spouse, the division shall transfer the permit to the name of the surviving
spouse if the conditions under (c) below are met.
(c)
The surviving spouse shall present a written request for transfer under
this section to the division at the time that an application for an existing
mooring permit under Pda 506.04 is filed with the division, on or before the
March 1 deadline. If the death occurred within 10 days before the March 1
deadline and the surviving spouse submits the request within 10 business days
after March 1, the surviving spouse shall pay only the mooring permit
application fee and no late fee.
(d)
The surviving spouse shall provide the following documentation at the
time of filing:
(1) The death certificate of the deceased spouse;
(2) Proof that the vessel was owned jointly by
the spouses, if the vessel was owned jointly with right of survivorship; and
(3) Either:
a. A copy of the decree of the probate court
granting ownership of the vessel to the surviving spouse, if the ownership of
the vessel passed to the surviving spouse by will or in accordance with the
laws of intestacy; or
b. Evidence that the estate of the deceased
spouse is in probate and that the ownership of the vessel will pass to the
surviving spouse by will or in accordance with the laws of intestacy.
Source. #7940, eff
8-23-03; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda
500); ss by #11160, eff 8-19-16; ss by #12958, eff 12-24-19
PART Pda 509
MOORING WAIT LISTS
Pda 509.01 Mooring Wait Lists.
(a)
When the division determines that a mooring field, mooring subfield, or
nearshore area is at capacity, the division shall establish and maintain a
mooring wait list for each mooring field, mooring subfield, or nearshore area.
(b)
Mooring wait lists shall be established for mooring fields, subfields,
and nearshore areas in the following areas:
(1) Cocheco River;
(2) Cocheco River nearshore area;
(3)
Exeter Town Landing;
(4)
Exeter Town Landing nearshore area;
(5)
Portsmouth Harbor, including the following subfields:
a. Goat Island;
b. Goat Island nearshore area;
c. Goat Island Back Channel;
d. Goat Island Back Channel
nearshore area;
e. Hart’s Cove;
f. Hart’s Cove nearshore area;
g. Peirce Island;
h. Peirce Island nearshore area;
i. Peirce Island Back Channel;
j. Peirce Island Back Channel
nearshore area;
k. Portsmouth North Mill Pond;
l. Portsmouth North Mill Pond
nearshore area;
m. Portsmouth Yacht Club area;
n. Portsmouth Yacht Club
nearshore area;
o. Outer Cutts Cove; and
p. Outer Cutts Cove nearshore
area;
(6)
Great Bay;
(7)
Great Bay nearshore area;
(8)
Hampton, including the following subfields;
a.
Area 1,
in the vicinity of the boat ramp at Hampton Harbor Marine Facility;
b. Area 1-A, the nearshore area
of area 1 subfield of Hampton;
c. Area 2, extending north-west
from area 1, in the tidal flats up to the area known as the Willows;
d. Area 2-A, the nearshore area
of area 2 subfield of Hampton;
e. Area 3, in the Hampton River
in the vicinity of Blind Creek and Tide Mill Creek, north-west of area 2;
f. Area 3-A, the nearshore area
of area 3 subfield of Hampton;
g. Area 4, in the Hampton River,
north of area 3, by Nudds Canal;
h. Area 4-A, the nearshore area
of area 4 subfield of Hampton;
i. Area 5, north of Great Boars Head on the
oceanfront, in the vicinity of North Beach and Plaice Cove; and
j. Area 5-A, the nearshore area
of area 5 subfield of Hampton;
(9)
Gosport Harbor;
(10)
Gosport Harbor nearshore area;
(11)
Lamprey River;
(12)
Lamprey River nearshore area;
(13)
Little Bay, including the following subfields;
a. Area 1, in the vicinity of
Upper Fox Point, just south of Fox Point;
b. Area 1-A, the nearshore area
of area 1 subfield of Little Bay;
c. Area 2, the Fox Point area,
east of Fox Point;
d. Area 2-A, the nearshore area
of area 2 subfield of Little Bay;
e. Area 3, the Adams Point area,
extending ¼ mile north of Adams Point;
f. Area 3-A, the nearshore area
of area 3 subfield of Little Bay;
g. Area 4, the Scammel Bridge
area, immediately adjacent to and south of the Scammel Bridge and including the
area around Cedar Point on the west and extending to Boston Harbor Road to the
east; and
h. Area 4-A, the nearshore area
of area 4 subfield of Little Bay;
(14)
Little Harbour;
(15)
Little Harbour nearshore area;
(16) Newfields Town Landing;
(17)
Newfield Town Landing nearshore area;
(18)
Oyster River;
(19)
Oyster River nearshore area;
(20)
The following Piscataqua River areas:
a. Newington Town
Landing/Patterson Lane;
b. Newington Town
Landing/Patterson Lane nearshore area;
c. Bloody Point;
d. Bloody Point nearshore area;
e. Hilton Park; and
f. Hilton Park nearshore area;
(21)
Rye Harbor;
(22)
Rye Harbor nearshore area;
(23)
Sagamore Creek;
(24)
Sagamore Creek nearshore area;
(25)
Seabrook; and
(26)
Seabrook nearshore area.
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
509.02 Maps of Mooring Field, Mooring
Subfields, and Nearshore Areas. The
division shall maintain maps at the division office of mooring fields, mooring
subfields, and nearshore areas.
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 509.03 Wait
List Application.
(a) A person seeking to be placed on a mooring
field, mooring subfield, or nearshore area wait list shall obtain a mooring
wait list 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 required on the mooring wait
list application form, as provided in Pda 511.06.
(c)
The applicant shall attach to the application the mooring wait list 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.”
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
509.04 Placement on Mooring Wait
Lists.
(a) The division shall place the applicant’s name
on the wait list or lists for the mooring field(s), mooring subfield(s), or
nearshore area(s) that the applicant has indicated in the wait list application,
if the applicant has paid the mooring wait list fee(s).
(b) No wait list applicant shall be listed more
than once on a mooring wait list for a mooring field, mooring subfield, or
nearshore area. A wait list applicant may be listed in more than one subfield
within a mooring field. A wait list applicant may be listed both in a mooring
field or mooring subfield and the nearshore area of the mooring field or
mooring subfield.
(c) The applicant’s position on the wait list
shall be determined by the date and time a completed mooring application or
mooring wait list application is received by the division, with the earliest
received application being placed higher on the list for the requested mooring
field(s) mooring subfield(s), or nearshore area(s), except as provided in (d)
below.
(d) A shorefront property mooring permit
applicant or a shorefront property owner making an application for a commercial
mooring for hire mooring permit as described in Pda 502.05(b)shall be placed at
the top of the wait list for the requested mooring field, mooring subfield, or
nearshore area that encompasses
the shorefront property mooring area of such
applicant. If there is more than one shorefront property mooring permit
applicant or water-dependent business applicant for the requested mooring
field, mooring subfield, or nearshore area, placement on the wait list shall be
determined by the date and time a completed application or mooring wait list
application was received by the division, the earliest received application
being placed higher on the list for the requested mooring field, mooring
subfield, or nearshore area. If the
shorefront property owner already has a mooring, the preference granted in this
paragraph shall not apply.
Source.
#7940, eff 8-23-03; amd by #8184, eff 10-1-04; 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 509.05 Procedures
for Shorefront Property Owners.
(a)
If a shorefront property owner submits an application for a shorefront
property owner mooring permit or for a commercial mooring for hire mooring
permit as described in Pda 502.05(b), and a mooring location is available
within the property owner’s shorefront property mooring area, the shorefront
property owner shall:
(1) If
an applicant for a shorefront property mooring permit, be granted a shorefront
property mooring permit upon receipt by the division of a completed shorefront
property mooring application form and payment of the mooring permit fee; or
(2) If
an applicant for a commercial mooring for hire mooring permit as described in
Pda 502.05(b), be granted a commercial mooring for hire mooring permit within
the shorefront property mooring area, upon receipt by the division of a
completed commercial mooring for hire mooring permit application form and
payment of the mooring permit fee.
(b)
If a shorefront property owner submits an application for a shorefront
property mooring permit or a commercial mooring for hire mooring permit as
described in Pda 502.05(b), and a mooring location is not available within the
property owner’s shorefront property mooring area, the shorefront property
owner applicant shall be subject to wait list procedures pursuant to Pda
509.04(c).
(c)
A shorefront property owner shall not hold both a shorefront property
mooring permit and a commercial mooring for hire mooring permit as described in
Pda 502.05(b) at the same time relative to the same property.
(d)
The following shall apply if a shorefront property owner sells the
shorefront property relative to which a shorefront property mooring permit or a
commercial mooring for hire mooring permit was issued:
(1)
The mooring permit shall expire 30 days after the sale of the property;
(2)
The mooring permit shall be returned to the division in accordance with
Pda 507.05(c);
(3)
During the 30-day period after the sale of the property, the new owner
of the shorefront property may apply for either a shorefront property mooring
permit or a commercial mooring for hire mooring permit for the existing mooring
location, subject to the requirements of (a) and (b) above; and
(4) If the new owner does not
make such an application within the 30-day period, the mooring location shall
be available to the next person on the wait list, if a wait list exists for the
area in which the mooring is located.
Source.
#7940, eff 8-23-03; amd by #8184, eff 10-1-04; ss by #9975, eff
8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff
12-24-19
Pda 509.06 Wait List Procedures.
(a) For purposes of this section, “written
notice” means notice sent by certified mail.
(b) When a mooring location becomes available in
a wait list mooring field, mooring subfield, or nearshore area, the chief
harbor master or designee shall send written notice to the first 5 persons on
the wait list for that mooring field, mooring subfield, or nearshore area,
subject to (c) below, that a mooring location(s) might be available for the
mooring field, mooring subfield, or nearshore area, and which mooring
location(s) might be available. Each
person contacted shall indicate his or her interest in obtaining a mooring
permit for a mooring location identified as potentially available in the
mooring field, mooring subfield, or nearshore area within 10 business days of
the receipt of written notice by the division.
If the number of moorings available exceeds the number of persons
expressing an interest in a mooring, the chief harbor master or designee shall
send written notice to the next 5 persons in order of priority on the wait
list, subject to (c) below. For purposes
of this paragraph, waiting lists shall be divided into groups of 5 according to
placement on the wait list, and mailings shall be sent out in groups of 5, or,
if there are fewer than 5 persons in a group, to each person in the group.
(c) If the available mooring was used for
commercial purposes by an entity that would have qualified for a commercial use
mooring permit, the following procedures shall apply:
(1) The chief harbor master or
designee shall send written notice to the first person on the wait list who has
stated an intention to apply for a commercial use permit on the wait list for
that mooring field, mooring subfield, or nearshore area, that a mooring
location might be available for the mooring field, mooring subfield, or
nearshore area and which mooring location might be available;
(2) The person contacted shall
indicate his or her interest in obtaining a mooring permit for the mooring
field, mooring subfield, or nearshore area within 10 business days of the
receipt of written notice by the division;
(3) If the person contacted does
not indicate an interest in obtaining a commercial use mooring permit for the
mooring location in the mooring field, mooring subfield, or nearshore area
within the required time, the chief harbor master or designee shall notify the
next person on the wait list for that mooring field, mooring subfield, or
nearshore area who has stated an intention to apply for a commercial use
permit, subject to the conditions as provided in (1) above; and
(4) If none of the persons who
stated an intention to apply for a commercial use permit for that mooring
field, mooring subfield, or nearshore area indicates an interest in the mooring
location, the chief harbor master or designee shall follow the procedures in
(b) above and send written notice to persons on the wait list in order of
priority.
(d) The chief harbor master or designee shall
notify the person highest on the wait list contacted under (b) or (c) above who
expresses an interest within the 10 business day period in obtaining a mooring
permit that the person may file a mooring application for the available mooring
location. Within 10 business days of
notification of permission to file the mooring application, the person shall
complete an initial mooring permit application and otherwise comply with the
requirements set forth in Pda 506 for the type of mooring permit requested.
(e) The chief harbor master or designee shall
review and process the application in accordance with Pda 506 and Pda 507.
(f) If a mooring permit is granted pursuant to
Pda 507 between April 1 and September 30, the mooring permit holder shall have
30 days from the date of issuance of the mooring permit to set the mooring
equipment in accordance with Pda 510. If
the permit is issued between October 1 and March 31, the mooring equipment
shall be set on or before May 1.
(g) Any person on a mooring wait list offered an
opportunity to apply for a mooring permit pursuant to this section, and who
refuses the opportunity, shall not be offered a second opportunity to obtain a
mooring permit for 180 days from the date of refusal. Although the chief harbor master or designee
shall not offer the mooring wait list applicant an opportunity to apply for a
mooring during this 180-day period, the mooring wait list applicant shall
retain his or her position on the applicable mooring wait list. If a mooring wait list applicant refuses a
second opportunity to obtain a mooring permit for the requested mooring field,
mooring subfield, or nearshore area, the mooring wait list applicant shall be
removed from the wait list. The person’s
standing on the wait list shall not be affected by the use of a temporary
seasonal mooring.
(h) A person’s name on a mooring wait list shall
be removed from the list:
(1)
When the mooring wait list applicant, in writing, requests the division
to remove his or her name from the list;
(2)
When the mooring wait list applicant is granted a mooring permit for the
mooring field, mooring subfield, or nearshore area;
(3)
If the mooring wait list applicant fails to submit a completed mooring
wait list renewal application and wait list fee or late fee in accordance with
Pda 509.03 on or before the deadline specified in Pda 506.04 or Pda 509.07; or
(4)
If the mooring wait list applicant refuses 2 opportunities to obtain a
mooring permit in accordance with (g) above.
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 509.07 Mooring Wait List Renewal Applications; Rights of
Surviving Spouse.
(a)
An applicant who seeks to remain on a mooring wait list(s) shall renew
his or her wait list status annually by March 1 of each year by submitting a
mooring wait list application in accordance with Pda 509.03 and payment of the
wait list fee, or within 10 business days after March 1 by submitting a mooring
wait list application in accordance with Pda 509.03 and payment of the wait
list late fee.
(b) If a person on a
mooring wait list dies, the person’s surviving spouse may request that the name
of the surviving spouse be substituted for the deceased spouse by submitting,
with the renewal application, a written request for such substitution and a
death certificate for the deceased spouse.
If the death occurred within 10 days before the March 1 deadline and the
surviving spouse submits the request within 10 business days after March 1, the
surviving spouse shall pay only the mooring wait list renewal fee and no late
fee.
(c)
The division shall mail a mooring wait list application form once
annually on or before January 15 to each applicant on a mooring wait list, to
the address specified by the applicant on the mooring wait list application,
or, if none is specified, to the applicant’s permanent address.
(d)
If an undeliverable wait list application form is returned to the
division, the division shall not remail the form. The mooring wait list applicant shall be
responsible for timely renewal of the applicant’s wait list status without
receipt of a renewal notice from the division.
Source.
#7940, eff 8-23-03; amd by #8184, eff 10-1-04; 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
#11160, eff
8-19-1; ss by #12958, eff 12-24-19
Pda 509.08 Notification of Changes in Wait List
Information; Surviving Spouse Procedures.
(a)
In order to maintain updated information with the division, any person
on a mooring wait list shall notify the division in writing, within 30 business
days of the change, of any change of wait list information or any change of
address or telephone number.
(b) If an applicant listed on a wait list dies
and that person has a surviving spouse who wishes to be substituted for the
deceased spouse on the wait list, the surviving spouse shall follow the
procedures set forth in Pda 509.07(b).
Source.
#7940, eff 8-23-03; ss by #9975, eff 8-20-11 (See Revision Note
at chapter heading for Pda 500); ss by #11160, eff 8-19-16; ss by #12958, eff 12-24-19
PART Pda 510
MOORING EQUIPMENT
Pda
510.01 Mooring Buoys and Floats.
(a) Mooring buoys shall be polystyrene foam
blocks or acrylonitrile butadiene styrene (ABS) type plastic buoys. All other
types of buoys shall be prohibited.
(b) All mooring buoys and floats shall be:
(1) Blue and white; or
(2) Orange.
(c) A mooring buoy shall be installed at the
permit holder’s sole expense within 30 days of the issuance of the mooring
permit, if the permit is granted between April 1 and September 30, or, if the
permit is granted between October 1 and March 31, on or before May 1.
(d) If the permit holder fails to install the
mooring buoy within the designated time period, then:
(1) After notice and an
opportunity for a hearing in accordance with Pda 507.03, the division shall
revoke the mooring permit;
(2) The permit holder’s
authorization to use the mooring shall lapse; and
(3) The mooring shall be
reassigned to the next person in order of priority on the wait list for the
applicable mooring field, mooring subfield, or nearshore area.
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
510.02 Display of Mooring Permit Name
and Number. The mooring permit
holder shall write in permanent ink his or her last name, if an individual, or
the name of the business organization, trust or not-for-profit entity, as
applicable, and the mooring permit number on the mooring buoy in letters and
numbers at least 2 inches in size above the water line, to ensure visibility.
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
510.03 Location of Moorings; Impeding
Navigation and Endangering Other Vessels Prohibited.
(a) All moorings shall be so located or relocated
so that the vessels secured by them shall not impede navigation within the
tidal waters or endanger other vessels.
(b) If the chief harbor master or designee
determines that any vessel is moored so as to impede navigation or to endanger
other vessels, the chief harbor master or designee shall order the owner of the
mooring to take steps to prevent the impeding of navigation or endangering of
other vessels, including, but not limited to:
(1) Shortening the scope of the
mooring lines;
(2) Using an additional mooring
and mooring lines; or
(3) Removing and reestablishing
the mooring.
(c) Any person ordered to remove and reestablish
his or her mooring by the chief harbor master or designee in accordance with
(b) above shall remove the mooring within 48 hours after the receipt of such
order. However, if the chief harbor master or designee determines that an
emergency exists requiring immediate action in order to prevent personal injury
or damage to property, the chief harbor master or designee shall cause the
mooring to be removed and relocated, or any vessel attached to the mooring to
be removed and moored elsewhere.
(d) Any sunken or partly sunken vessel shall be
repaired or removed within 48 hours. If the chief harbor master or designee
determines that the vessel poses a threat or hazard to navigation or safety,
the vessel shall be repaired or removed immediately.
(e) If the vessel is not repaired or removed in
accordance with (d) above, it shall be removed at the direction of the chief
harbor master or designee at the owner’s expense.
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 (formerly Pda 510.04) (See Revision
Note at chapter heading for Pda 500); ss
by #12958, eff 12-24-19
(a)
Shall move or interfere with any mooring in the state tidal waters; and
(b)
Other than the owner of a vessel or the owner’s designee, shall move or
interfere with any moored vessel in the state tidal waters.
Source.
#7940, eff 8-23-03; ss by #9975, eff 8-20-11 (formerly Pda
510.05) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19
Pda
510.05 Safety and Placement of Moorings.
(a)
The division shall issue a mooring permit for a particular mooring
location. It shall be the responsibility
of the mooring permit holder to install and maintain mooring equipment that
will ensure that the assigned vessel and mooring equipment remain on station at
the permitted location. In determining
the appropriate equipment and maintenance, the mooring permit holder shall take
into account the prevailing conditions existing at the permitted location
including the nature of the seabed, storms, wind, waves, tides, currents, wash,
and the construction and size of the vessel.
(b) All mooring equipment and related gear shall
be maintained in a safe condition. Badly
worn or corroded shackles, eyebolts, blocks, chains, pennants, or related
equipment shall be replaced.
(c) Each mooring shall utilize buoys that are
visible at all times.
(d) Pennants shall not be over 12’. The length of
a pennant shall be measured from the point of attachment on the mooring ball to
the first point of contact on the vessel.
(e) Subject to the Army Corps of
Engineers Programmatic General Permit for New Hampshire which authorizes the
division to permit moorings within the costal and tidal waters of the state, if
the requested location for a mooring permit is in a special aquatic site as
defined in 40 CFR § 230.3 (m), then no mooring permit shall be issued unless
the equipment used is designed to provide the least possible impact upon the
sensitive nature of the location.
Source.
#7940, eff 8-23-03; ss by #9975, eff 8-20-11 (formerly Pda
510.06) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19
Pda
510.06 Removal of Mooring Block and
Tackle or Other Mooring Equipment.
If a mooring permit is revoked, the division shall notify the mooring
permit holder in writing to remove the mooring block and tackle or other
mooring equipment as provided in Pda 507.06 within 10 business days of the
receipt of notice from the division.
Source.
#7940, eff 8-23-03; ss by #9975, eff 8-20-11 (formerly Pda
510.07) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19
Pda
510.07 Failure to Remove Mooring
Block and Tackle or Other Mooring Equipment. If a mooring permit holder fails to remove
the mooring block and tackle or other mooring equipment in accordance with Pda
510.06, the division shall cause the block and tackle or other mooring
equipment to be removed. Any fees
incurred as a result of the division’s removal of the block and tackle or other
mooring equipment shall be the responsibility of the mooring permit holder.
Source.
#7940, eff 8-23-03; ss by #9975, eff 8-20-11 (formerly Pda
510.08) (See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19
PART Pda 511
FORMS
Pda
511.01 General Use Mooring Permit
Application Form.
(a) Each person seeking a general use mooring
permit or temporary seasonal general use mooring permit as provided in Pda
506.11(e)(1) shall complete a general use mooring application form provided by
the division and hand 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 division the following information utilizing the “General Use
Mooring Permit Application Form”:
(1)
The applicant’s full legal name;
(2)
The applicant’s permanent address, including:
a.
Street and number;
b.
City or town;
c.
State; and
d. Zip
code;
(3)
The applicant’s mailing address, if different from the permanent
address;
(4)
Which address the applicant requests be used as the correspondence
address by the division, if different from the permanent address;
(5)
The applicant’s telephone number(s) including:
a.
Permanent telephone number;
b.
Emergency telephone number;
c. Cell
telephone number, if different from permanent telephone number;
(6)
The applicant’s e-mail address, if the applicant has an e-mail address;
and
(7)
The following information pertaining to the vessel:
a.
Vessel name;
b. New Hampshire state registration number,
unless the vessel is not required to be registered under New Hampshire law;
c.
Vessel LOA;
d.
Vessel draft;
e.
Vessel color; and
f.
Type of vessel.
(c) The applicant shall attach:
(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; and
(3)
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) By signing the form, the applicant shall
certify the following:
(1) “I
hereby certify that I am an owner in full or in part of the vessel described in
this application;”
(2) If
no New Hampshire state registration number is provided for the vessel: “I
hereby certify that the vessel described in this application is not required to
be registered under New Hampshire law;”
(3) “I
hereby certify that I have read the mooring rules in Pda 500 applicable to the
type of mooring for which I am applying and that I will comply with such
rules;”
(4) “I
hereby certify that I release and indemnify Pease Development Authority and
hold Pease Development Authority harmless from any and all claims or liability
which may arise on account of the use of the mooring;”
(5) If
the application is for a temporary seasonal mooring permit: “I hereby certify
that if I enter into an agreement with the mooring permit holder to use the
mooring equipment presently located at the mooring site, I acknowledge that the
mooring equipment is not owned or maintained by the Pease Development Authority
and that the Pease Development Authority makes no representation as to the
condition of the mooring equipment or its suitability for my intended use;” and
(6) “I
hereby 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 mooring permit or placement on a mooring wait list may be
withdrawn by the Pease Development Authority for submitting false statements or
information or omitting required statements or information.”
(e) The applicant shall sign and date the
application.
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
511.02 Shorefront Property Owner
Mooring Permit Application Form.
(a) Each person seeking a shorefront property
owner mooring permit shall complete an individual or business shorefront
property owner mooring application form provided by the division and hand
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 division the following information utilizing the “Shorefront
Property Owner Mooring Permit Application Form”:
(1)
The applicant’s full legal name:
(2)
The applicant’s permanent address, including:
a.
Street and number;
b.
City or town;
c.
State; and
d. Zip
code;
(3)
The applicant’s mailing address, if different from the permanent
address;
(4)
Which address the applicant requests be used as the correspondence
address by the division, if different from the permanent address;
(5)
The applicant’s telephone number(s) including:
a.
Permanent telephone number;
b.
Business telephone number, if applicable;
c.
Business fax number, if the applicant has a business fax number;
d.
Emergency telephone number; and
e.
Cell telephone number, if different from permanent telephone number;
(6)
The applicant’s contact person, if applicable, and the best way to
contact that person;
(7)
The applicant’s e-mail address, if the applicant has an e-mail address;
and
(8)
The following information pertaining to the vessel:
a.
Vessel name;
b. New
Hampshire state registration number, unless the vessel is not required to be
registered under New Hampshire law;
c.
Vessel LOA;
d.
Vessel draft;
e.
Vessel color; and
f.
Type of vessel.
(c) For an initial application for a shorefront
property mooring, the applicant shall attach:
(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 from the appropriate county registry of deeds of the deed for the
shorefront property 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)
For every trust, business organization, or not-for-profit entity except
a sole proprietorship:
a. A
statement describing whether the organization, entity or trust is organized on
a profit or nonprofit basis and whether it is:
1. A
partnership, including type of partnership;
2. A
corporation;
3. A
limited liability company;
4. A
trust, including type of trust;
5. An
association; and
6.
Another entity, including a description of such entity’s organizational
structure;
b. A
list of its directors, officers, partners, managers, trustees or members, as
applicable; and
c. A
description of its purpose;
(7)
For every business organization, or incorporated not-for-profit entity,
except a sole proprietorship or general partnership, proof of authorization
from the secretary of state to do business in New Hampshire;
(8)
For every trust, unincorporated not-for-profit entity, and
unincorporated business organization including, but not limited to,
partnerships and unincorporated associations, a copy of its governing
instrument(s); and
(9)
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)
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) By signing the form, the applicant shall
certify the following:
(1) If
the vessel owner is an individual: “I hereby certify that I am an owner in full
or in part of the vessel described in this application;”
(2) If
the vessel owner is other than an individual: “I hereby certify that the
business organization, not-for-profit entity, or trust named as the applicant
in this mooring permit application is the owner in full or in part of the
vessel described in this application. I also certify that I am duly authorized
on behalf of the applicant to make the foregoing certifications;”
(3) If
no New Hampshire state registration number is provided for the vessel: “I
hereby certify that the vessel described in this application is not required to
be registered under New Hampshire law;”
(4) “I
hereby certify that I, or the business organization, not-for-profit entity, or
trust that I represent, release and indemnify Pease Development Authority and
hold Pease Development Authority harmless from any and all claims or liability
which may arise on account of the use of the mooring;” and
(5) “I
hereby 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 mooring permit or
placement on a mooring wait list may be withdrawn by the Pease Development
Authority for submitting false statements or information or omitting required
statements or information.”
(f) The form shall require if the application is
a reapplication for an existing shorefront property owner mooring, the
applicant shall certify, by signing the form, in addition to the certifications
required under (e) above, that:
(1) He
or she remains an owner of the shorefront property described in the attached
tax bill; and
(2)
The mooring described in the application is located in the shorefront
property mooring area of the shorefront property described in the attached tax
bill.
(g) The applicant shall sign and date the
application.
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
511.03 Commercial Use Mooring Permit
Application Form.
(a) Each person seeking a commercial use mooring
permit or temporary seasonal commercial use mooring permit as provided in Pda
506.11(e)(2) shall complete a commercial use mooring permit application form
provided by the division and hand 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 division the following information utilizing the “Commercial
Mooring Permit Application Form”:
(1)
The applicant’s full legal name:
(2)
The name and address of the applicant’s business;
(3)
The name of a business contact person and the best way to contact that
person;
(4)
The applicant’s mailing address, if different from the permanent
address;
(5)
Whether the business is a fishing, charter, or water-dependent business;
(6)
Which address the applicant requests be used as the correspondence
address by the division, if different from the permanent address;
(7)
The applicant’s type of business organization;
(8)
The applicant’s telephone number(s) including:
a.
Business telephone number;
b.
Home telephone number;
c.
Business fax number, if the applicant has a business fax number;
d.
Emergency telephone number; and
e.
Cell telephone number, if different from permanent telephone number;
(9)
The applicant’s e-mail address, if the applicant has an e-mail address;
and
(10)
The following information pertaining to the vessel:
a.
Vessel name;
b. New
Hampshire state registration number;
c.
Vessel LOA;
d.
Vessel draft;
e.
Vessel color; and
f.
Type of vessel, including whether the vessel is a fishing or charter
vessel.
(c) The applicant shall attach:
(1) A
photocopy of the current New Hampshire state registration for the commercial
vessel listed on the mooring permit application;
(2)
For every business organization, except a sole proprietorship:
a. A
statement describing whether the organization is:
1. A
partnership, including type of partnership;
2. A
corporation;
3. A
limited liability company;
4. A
trust, including type of trust;
5. An
association; or,
6.
Another entity, including a description of such entity’s organizational
structure;
b. A
list of its directors, officers, partners, managers, trustees, or members, as
applicable; and
c. A
description of its purpose;
(3)
For every business organization, except a sole proprietorship or general
partnership, proof of authorization from the secretary of state to do business
in New Hampshire;
(4)
For every trust and unincorporated business organization including, but
not limited to, partnerships and unincorporated associations, a copy of its
governing instrument(s);
(5) If the business organization is a sole
proprietor doing business in this state under any other name than his own, a
partnership, association, or any other entity required to register a trade name
with the New Hampshire secretary of state pursuant to RSA 349:1, a copy of the
certificate of trade name issued by the secretary of state;
(6) If the applicant is engaged in commercial
fishing:
a. 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
b.
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;
(7) If
the applicant operates a charter boat:
a. 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, member, or employee of
the business entity, for the type and size of
vessel of the applicant; and
b. A
minimum of 2 items of business identification from the following list:
1. A
business brochure;
2. A
photocopy of the passenger manifest or log book for the most recent month prior
to the application;
3. A
photocopy of receipt(s) for business advertisement(s) commissioned within the
most recent 12 months prior to this application; and
4.
Evidence of membership in a business or marine-related trade
association, including, but not limited to:
(i) A current membership card; or
(ii) A letter from an officer of the association attesting
to the current membership of the applicant in the association;
(8) If
the applicant is a water-dependent business, 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;
(9) An
explanation of how the commercial vessel is used to further the purposes of the
water-dependent business as defined in Pda 502.31 (a) or (b) as applicable; and
(10)
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) By signing the form, the applicant shall
certify the following:
(1) If
the vessel owner is other than an individual: “I hereby certify that the
applicant uses the vessel described in this application primarily for
commercial purposes and that such vessel is not used for noncommercial use for
more than 14 days cumulatively during the period from April 1 to March 31. I also certify that I am duly authorized on
behalf of the applicant to make the foregoing certification;”
(2) If
the vessel owner is an individual: “I hereby certify that I use the vessel
described in this application primarily for commercial purposes and that such
vessel is not used for noncommercial use for more than 14 days cumulatively
during the period from April 1 to March 31”;
(3) “I
hereby certify that I, or the business organization that I represent, release
and indemnify Pease Development Authority and hold Pease Development Authority
harmless from any and all claims or liability which may arise on account of the
use of the mooring;”
(4) If
the application is for a temporary seasonal mooring permit: “I hereby certify
that if I, or the business organization that I represent, enters into an
agreement with the mooring permit holder to use the mooring equipment presently
located at the mooring site, I acknowledge that the mooring equipment is not
owned or maintained by the Pease Development Authority and that the Pease
Development Authority makes no representation as to the condition of the
mooring equipment or its suitability for my intended use;” and
(5) “I
hereby 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 mooring permit or placement on a mooring wait list may be
withdrawn by the Pease Development Authority for submitting false statements or
information or omitting required statements or information.”
(e) The applicant shall sign and date the
application.
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
511.04 Commercial Mooring For Hire
Mooring Permit Application Form.
(a) Each person seeking a commercial mooring for
hire mooring permit shall complete an application form 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 mooring permit application form shall
require the following information:
(1) The
applicant’s full legal name:
(2) The
name and address of the applicant’s business;
(3) The
name of a business contact person and the best way to contact that person;
(4) The
applicant’s mailing address, if different from the permanent address;
(5) The
organizational structure of the applicant;
(6) A
description of the nature of the business;
(7) Which
address the applicant requests be used as the correspondence address by the
division, if different from the permanent address;
(8) The
applicant’s telephone number(s) including:
a. Business
telephone number;
b. Home
telephone number;
c. Business fax
number, if the applicant has a business fax number;
d. Emergency
telephone number; and
e. Cell
telephone number, if different from permanent telephone number;
(9) The
applicant’s e-mail address, if the applicant has an e-mail address;
(10) If
the applicant is a shorefront property owner making an initial application for
a commercial mooring for hire mooring permit:
a. A
copy from the appropriate county registry of deeds of the deed for the
shorefront property containing the book and page number for the recorded deed;
b. A
copy of the most recent property tax bill for the shorefront property; and
c. 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;
(11) If
the applicant is a shorefront property owner making a reapplication for a
commercial mooring for hire mooring permit, a copy of the most recent property
tax bill for the shorefront property;
(12)
If the applicant is a marina:
a. A
description of the access to the water and parking facilities; and
b. An
explanation of the terms and conditions under which the marina is open to the
general public;
(13)
For a collective mooring area:
a. A collective
mooring area plan, showing the proposed or existing location of each individual
mooring in the area and the distance between each mooring location;
b. The maximum
LOA to be allowed for each individual mooring location;
c. Date of last
inspection of each mooring; and
d. The weight
and type of mooring block proposed to be set or set for each individual mooring
location; and
(14) For
each mooring proposed to be set or existing outside a collective mooring area:
a. The proposed
or existing location of the mooring;
b. The maximum
LOA to be allowed for the mooring;
c. Date of last
inspection of the mooring; and
d. The weight
and type of mooring block proposed to be set or set for the mooring location.
(c) The applicant shall attach:
(1) If
a marina, 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;
(2) For
every business organization, except a sole proprietorship:
a. A statement
describing whether the organization is:
1. A
partnership, including type of partnership;
2. A
corporation;
3. A
limited liability company;
4. A
trust, including type of trust;
5. An
association; or,
6. Another
entity, including a description of such entity’s organizational structure.
b. A list of
its directors, officers, partners, managers, trustees or members, as
applicable; and
c. A
description of its purpose;
(3) For
every business organization, except a sole proprietorship or general
partnership, proof of authorization from the secretary of state to do business
in New Hampshire;
(4) For
every trust and unincorporated business organization including, but not limited
to, partnerships and unincorporated associations, a copy of its governing
instrument(s);
(5) If the business organization is a sole
proprietor doing business in this state under any other name than his own, a
partnership, association, or any other entity required to register a trade name
with the New Hampshire secretary of state pursuant to RSA 349:1, a copy of the
certificate of trade name issued by the secretary of state;
(6) If the applicant is a condominium unit
owners’ association, a photocopy of the condominium’s declaration and bylaws as
recorded in the registry of deeds;
(7) An
explanation of how the commercial mooring(s) for hire is or will be used to
further the purposes of the business; and
(8) 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) By signing the form, the applicant shall
certify the following:
(1) “I
hereby certify that I, or the business organization that I represent, release
and indemnify Pease Development Authority and hold Pease Development Authority
harmless from any and all claims or liability which may arise on account of the
use of the mooring(s);” and
(2) “I hereby
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 mooring permit or placement on a mooring wait list may be withdrawn by
the Pease Development Authority for submitting false statements or information
or omitting required statements or information.”
(e) A shorefront property owner making a
reapplication for a commercial mooring for hire mooring permit shall certify,
in addition to the certification required under (d) above, that:
(1) He
or she is an owner of the shorefront property described in the attached tax
bill; and
(2) The
mooring described in the application is located in the shorefront property
mooring area of the shorefront property described in the attached tax bill.
(f) The applicant shall sign and date the
application.
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
511.05 Non-Revenue Mooring Permit
Application Form.
(a) Each applicant seeking a non-revenue mooring
permit shall complete a non-revenue mooring application form provided by the
division and hand 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 division the following information utilizing the “Non-Revenue
Mooring Permit Application Form”:
(1)
The applicant’s full legal name;
(2)
The applicant’s permanent address, including:
a. Street and
number;
b. City or
town;
c. State; and
d. Zip code;
(3)
The applicant’s mailing address, if different from the permanent
address;
(4)
Which address the applicant requests be used as the correspondence
address by the division, if different from the permanent address;
(5)
The applicant’s telephone number(s) for its contact person, including:
a. Permanent
telephone number;
b. Emergency
telephone number; and
c. Cell
telephone number, if different from permanent telephone number;
(6)
The mooring field, mooring subfield, or nearshore area for which
application is made;
(7)
The applicant’s e-mail address, if the applicant has an e-mail address;
and
(8)
The following information pertaining to each vessel(s):
a. Vessel name;
b. New
Hampshire state registration number;
c. Vessel LOA;
d. Vessel draft;
e. Vessel
color; and
f. Type of
vessel.
(c) The applicant shall attach:
(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 Pda 506.10(h).
(d) By signing the form, the applicant shall
certify the following:
(1) “I
hereby certify that the applicant is an owner in full or in part of the vessel
described in this application;” and
(2) “I
hereby 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 mooring permit or placement on a mooring wait list may be
withdrawn by the Pease Development Authority for submitting false statements or
information or omitting required statements or information.”
(e) The applicant’s duly authorized
representative shall sign and date the application.
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
511.06 Mooring Wait List Application
Form.
(a) Each person seeking to be placed on the
division’s mooring wait list or lists shall complete an application form
provided by the division and hand 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 division the following information utilizing the “Wait List
Application Form”:
(1) The
applicant’s full legal name;
(2) The
applicant’s permanent or home address;
(3) The
applicant’s permanent, home and/or cellular telephone number;
(4) The type of
vessel for which the mooring is sought, indicating sail, power, commercial, or
pleasure, if known;
(5) Whether the vessel will be used commercially or
recreationally;
(6) The LOA and
draft of the vessel, if known; and
(7) The mooring
field(s), mooring subfield(s), or nearshore area(s) wait list on which the
applicant seeks to have his or her name placed.
(c) The applicant shall attach:
(1) A copy of
the current New Hampshire state registration for the vessel listed on the
“Mooring Wait List Application Form”, if the applicant currently has such a
vessel, unless the vessel is not required to be registered under New Hampshire
law;
(2) A
photograph of the vessel, if the applicant current has a vessel and the vessel
is not required to be registered under New Hampshire law; and
(3) The mooring
wait list 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 sign and date the
application.
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 512 MOORING PERMIT FEES
Pda 512.01 Mooring Fee Schedule.
(a)
Following adoption of a mooring fee schedule, mooring fees shall remain
in effect until new fees are adopted in accordance with (b) below. At least once a year the division director
shall review the schedule of mooring fees.
If the division proposes to modify mooring fees, the process shall be as
described in (b) below.
(b)
The following shall govern the adoption of mooring fee schedules:
(1) The division director shall prepare a
proposed schedule of mooring fees;
(2) The division director shall publish a notice
in at least 2 newspapers of general circulation of the availability of the
proposed schedule of mooring fees;
(3) Within 30 days of publication of notice
pursuant to (2) above, any person may submit to the division director written
comments regarding the proposed schedule of mooring fees;
(4) Within 60 days of publication of notice
pursuant to (2) above, the division director shall submit the schedule of
mooring fees to the authority for review and approval;
(5) The authority may:
a. Adopt the approved schedule of mooring fees;
b. Adopt the approved schedule of mooring fees
in part; or
c. Adopt the approved schedule of mooring fees
in part and modify the schedule in part;
(6) The mooring fees adopted by the authority
shall take effect on January 1 of the following year or 5 days after approval
by the authority, whichever is earlier, unless the authority specifies an
alternate effective date that is at least 5 days after the date of approval by
the authority; and
(7) Once adopted by the authority, the schedule
of mooring fees shall be made available to any person applying for a mooring
permit and to any person who requests a copy.
Source.
#7940, eff 8-23-03; ss by #8021, EXEMPT, eff
1-1-04; amd by #8149, EXEMPT, eff 8-27-04; ss by #10100, EXEMPT, eff 4-1-12; ss
by #10818, EXEMPT, eff 4-17-15
Pda 512.02 Types
of Mooring Fees. The following types
of mooring fees shall be set by the schedule of mooring fees determined under
Pda 512.01:
(a) Initial application fee for the following
types of mooring permits, to be paid in addition to the permit fee:
(1)
General use mooring permit;
(2)
Shorefront property owner mooring
permit;
(3)
Commercial use mooring permit;
(4)
Commercial mooring for hire mooring
permit;
(b) Permit fee for the following types of mooring
permits:
(1)
General use mooring permit;
(2)
Shorefront property owner mooring
permit;
(3)
Commercial use mooring permit, provided
that the permit fee for a commercial use mooring issued to a water-dependent
business as defined in Pda 502.33(b) shall be based on the maximum size
allowable for the mooring;
(4)
Commercial mooring for hire mooring
permit, based on the maximum size allowable for the mooring;
(c) Mooring application late fee;
(d) Commercial use mooring permit transfer fee
for transfers pursuant to Pda 508.01(a);
(e) Commercial use water dependent business
mooring permit transfer fee for transfers pursuant to Pda 508.01(b);
(f) Commercial mooring for hire mooring permit
transfer fee for transfers pursuant to Pda 508.02;
(g) Transfer fee for the transfer of a general
use,
shorefront property, or commercial mooring for hire mooring permit to a surviving
spouse pursuant to Pda 508.03;
(h) Mooring wait list fee, per mooring field or
mooring subfield wait list, per mooring;
(i) Mooring wait list
renewal fee, per mooring field or mooring subfield wait list, per mooring; and
(j) Mooring wait list renewal late fee.
Source.
#7940, eff 8-23-03; ss by #8021, EXEMPT, eff
1-1-04; ss by #10100, EXEMPT, eff 4-1-12
Pda
512.03 Waiver of Mooring Fees. Mooring fees shall not be waived for any type
of mooring permit holder, except for non-revenue mooring applicants granted
non-revenue mooring(s) under Pda 506.10.
Source.
#7940, eff 8-23-03; ss by #8021, EXEMPT, eff
1-1-04
Pda
512.04 Mooring Fees; Payment of Fees.
(a) All mooring fees shall be nonrefundable,
except as provided in Pda 506.01.
(b) The fee(s) paid by check or money order shall
be made payable to “Pease Development Authority, Division of Ports and Harbors
or “PDA-DPH.”
Source.
#7940, eff 8-23-03; ss by #8021, EXEMPT, eff
1-1-04; amd by #10100, EXEMPT, eff 4-1-12
PEASE
DEVELOPMENT AUTHORITY - DIVISION OF PORTS AND HARBORS
SCHEDULE OF MOORING PERMIT FEES
Effective April 01,
2019
MOORING PERMIT FEES
(Applicable to Initial
Applications and Reapplications)
Fee Name |
|
Initial Application
Fee |
$50.00 |
General Use Mooring
Permit |
$12.00 per foot x
length overall ($200 minimum) |
Shorefront Property
Owner Mooring Permit |
$12.00 per foot x
length overall ($200 minimum) |
Commercial Use Mooring Permit |
$12.00
per foot x length overall ($200
minimum) |
Commercial Use for Water Dependent
Business |
$12.00
per foot x length overall ($200
minimum) |
Commercial Mooring for Hire Mooring
Permit |
$12.00
per foot x length overall ($200
minimum) |
Mooring Permit Reapplication Late
Fee |
$50.00
flat fee per mooring permit reapplication (to
be paid in addition to applicable mooring permit fee) |
MOORING WAIT LIST FEES
New
Mooring Wait List Application |
$10.00
fee per mooring field or mooring subfield applied
for |
Mooring
Wait List Renewal Application |
$10.00
fee per mooring field or mooring subfield applied
for |
Mooring
Wait List Renewal Late Fee |
$10.00
fee per mooring field or mooring subfield applied
for (to be paid in addition to the applicable wait
list renewal application fee) |
MOORING
PERMIT TRANSFER FEES
Commercial Use Mooring
Permit |
$50.00 per transfer
request |
Commercial Water
Dependent Permit |
$50.00 per transfer
request |
Commercial Mooring for
Hire Permit |
$50.00 per transfer
request |
General Mooring Permit
to Surviving Spouse |
$25.00 per transfer
request |
Shorefront Property
Mooring Permit to Surviving Spouse |
$25.00
per transfer request |
Commercial
Mooring For Hire Permit to Surviving Spouse |
$25.00
per transfer request |
*Length Overall
is defined in the NH Code of Administrative Rules Pda 101.20 as 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. #8021,
EXEMPT, eff 1-1-04; ss by #9355, EXEMPT, eff 1-1-09; ss by #10100, EXEMPT, eff
4-1-12; ss by #12812, EXEMPT, eff 4-1-19
PART Pda 513
EMERGENCY MOORINGS FOR SECURITY OR LAW ENFORCEMENT PURPOSES
Pda
513.01 Emergency Moorings. Notwithstanding Pda 503 to Pda 512, the
division director shall, upon request from an individual authorized by a state
or federal law enforcement agency, set a temporary or permanent mooring to be
held by the authority or the authority’s designee for the use of a state or
federal law enforcement agency for the purposes of state or national security
or for protection of public health and safety, provided that the division
director determines that the mooring can be safely set and would not pose a
danger to navigation.
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 514
RECONSIDERATION AND APPEAL
Pda
514.01 Definitions.
(a) “Application period” means the period of time
between January 15 and 10 business days after March 1 of the year for which the
mooring permit application was submitted.
(b) “Incapacitated” means a physical or mental
condition that results in:
(1) The inability of an individual to:
a.
Walk unassisted; or
b.
Drive unassisted; or
(2)
The confinement of an individual to a location(s) for the purpose of
receiving medical or rehabilitative treatment or care.
Source.
#7940, eff 8-23-03; ss 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
Pda
514.02 Reconsideration; Who May
Petition.
(a) Any holder of a mooring permit whose mooring
permit was revoked after notice and an opportunity for a hearing by the
division director pursuant to Pda 507.03, and any applicant for a mooring
permit whose application was denied by the division director pursuant to Pda
506.06(f), Pda 506.07(h), Pda 506.08(h), Pda 506.10(f), or Pda 506.11(g), may
petition the division director for reconsideration pursuant to Pda 514.
(b) The persons specified below may petition the
authority for reconsideration pursuant to Pda 514 if the authority has denied:
(1) The issuance of a commercial mooring for hire
mooring permit, and the person is the applicant for the commercial mooring for
hire mooring permit pursuant to Pda 506.09 or its duly authorized officer or
member;
(2) A request
to transfer a commercial use mooring permit pursuant to Pda 508.01(a) or (b),
and the person is either the proposed transferor or transferee; or
(3) A request
to transfer a commercial mooring for hire mooring permit pursuant to Pda
508.02, and the person is either the proposed transferor or transferee.
Source.
#7940, eff 8-23-03; amd by #8775, eff 12-16-06; renumbered by #9641
(formerly Pda 514.01); ss by #9975, eff 8-20-11 (See Revision Note at
chapter heading for Pda 500); ss by #12958, eff 12-24-19
Pda
514.03 Requirements for Petition for
Reconsideration. A petition for reconsideration shall:
(a) Specify the date of the challenged decision;
(b) Specify every reason that the action taken by
the division director or authority was unlawful or unreasonable, including any
error of law or error of fact;
(c) Include as an attachment a copy of the
application or request that was denied or failed to receive approval;
(d) Include any new or additional information
relevant to the matter proposed for reconsideration that was not available at
the time the application was filed or the revocation was made;
(e) In the case of denial of a permit because of
a late filing under Pda 506.04(d), state the reason for the late filing; and
(f) Shall bear the petitioners signature
including the following certification:
“I
certify under penalty of law that I have personally examined, and am familiar
with, the information submitted in this petition for reconsideration and all of
its attachments. I certify that the
statements and information submitted therewith are to the best of my knowledge
and belief true, accurate and complete.”
Source.
#7940, eff 8-23-03; amd by #8184, eff 10-1-04; ss by #9641, eff 2-1-10
(formerly Pda 514.02); ss by #9975, eff
8-20-11 (See Revision Note at chapter heading for Pda 500); ss by #12958, eff
12-24-19
Pda
514.04 Reconsideration by Division
Director; Granting of Permit under Certain Circumstances.
(a) A petition for reconsideration by the
division director:
(1)
For revocation of a permit pursuant to Pda 507.03, shall be filed with
the division director within 10 business days from receipt of notice of the
revocation; and
(2)
For a permit denial pursuant to Pda 506.06(f), Pda 506.07(h), Pda
506.08(h), Pda 506.10(f), or Pda 506.11(g), shall be filed with the division
director within 10 business days from receipt of notice of the permit denial.
(b) The division director shall:
(1)
Reconsider a permit revocation or denial within 10 business days of
receipt of the petition for reconsideration; and
(2)
Notify the petitioner of his or her decision under (c) below within 10
business days of reconsideration.
(c) When reconsidering the decision to deny or
revoke the permit, the division director shall consider all information on file
with division relating to the denied or revoked permit and any new or
additional information relevant to the matter under reconsideration that was
not available regarding a permit:
(1)
Denial, when the application in question was submitted; or
(2)
Revocation, when the decision to revoke a permit was rendered.
(d) The division director shall issue the permit
sought after in the petition for reconsideration if, after reconsideration, the
division director finds:
(1)
One or more of the following:
a. It
is more likely than not that the decision to deny or revoke a permit was based
on an error of law or fact;
b. That there was a lack of
facts that could reasonably sustain the decision to deny or revoke the permit;
or
c. In
the case of denial of a permit because of a late filing under Pda 506.04(d),
that:
1. The
petitioner was temporarily incapacitated for:
(i) Fifty percent or more of the application period;
or
(ii)
One day or more during the final 10 days of the application period;
2. The
petitioner was on active military service at any time during the application
period;
3. The
late filing was caused by the failure of any state or governmental agency to
timely provide the petitioner with documentation required for an application
under Pda 500; or
4. A
death in the immediate family occurred during the final 10 days of the
application period. For the purposes of this paragraph, “immediate family”
means grandparents, parents, siblings, spouse, children, or grandchildren; and
(2)
All of the following:
a. The
petition for reconsideration was timely filed in accordance with (a) above;
b. The
petition for reconsideration filed by the petitioner meets all of the
requirements of Pda 514.03; and
c. The
petitioner:
1.
Meets all of the requirements under Pda 500 for the permit;
2. Has
provided written documentation for any reason claimed under (1)c. above,
including, but not limited to:
(i) In
the case of temporary incapacitation:
i. A signed letter from a doctor, nurse, or
other medical provider or caregiver attesting to the petitioner’s
incapacitation;
ii. A copy of a bill or invoice
from an institution where the petitioner received medical or rehabilitative
treatment or care; or
iii. A copy of a statement from
an insurance company showing that costs for medical or rehabilitative treatment
or care were submitted to the company for services for the petitioner;
(ii) In the case of military
service, a signed letter from the petitioner’s commanding officer or supervisor
attesting to the petitioner’s military service;
(iii) In the case of the failure
of any state or federal agency to provide the petitioner with documentation
needed for an application under Pda 500, a copy of correspondence between the
petitioner and a state or governmental agency, showing that the petitioner
timely sought documentation needed for an application under Pda 500, but was
not provided with the documentation in a timely manner; or
(iv)
In the case of a death in the immediate family, to identify the name of
the deceased, the relationship to the petitioner, and the date of death; and
3. Has
paid the mooring permit reapplication late fee, in the case of petition granted
under (1)c. above.
(e) The division director shall deny the request
to issue or reinstate the permit if, after reconsideration, the division
director finds that:
(1) It
is more likely than not that the decision was not based on any error of law;
(2)
There were facts reasonably sustaining the decision;
(3) In
the case of a late filing under Pda 506.04(d), the petitioner failed to meet
the requirements under (d)(1)c. above;
(4)
The petition for reconsideration was not timely filed in accordance with
(a) above;
(5)
The petition for reconsideration filed by the petitioner does not meet
all of the requirements of Pda 514.03; or
(6)
The petitioner:
a.
Does not meet all of the requirements under Pda 500 for the permit;
b. Has
not provided written documentation for any reason claimed under (d)(1)c. above;
or
c. Has not paid the mooring
permit reapplication late fee, in the case of petition filed under (d)(1)c.
above.
(f) If, after reconsideration, the division
director grants the request to issue or reinstate the permit sought after in
the petition for reconsideration, the petitioner shall return to the division a
completed application for the permit sought within 10 business days of receipt
of the division director’s decision.
Source. #7940, eff 8-23-03; amd by #8184, eff 10-1-04;
ss by #9641, eff 2-1-10 (formerly Pda 514.03); ss by #9975,eff 8-20-11 (See Revision Note at chapter heading for Pda
500); ss by #12958, eff 12-24-19
Pda
514.05 Reconsideration by Authority for Commercial Moorings for Hire and
Commercial Moorings.
(a) A petition for reconsideration by the
authority shall be filed by the petitioner with the authority within 10
business days from receipt of notice that the authority has denied:
(1)
The issuance of a commercial mooring for hire mooring permit pursuant to
Pda 506.09(h);
(2) A
request to transfer a commercial use mooring permit pursuant to Pda 508.01(a)
or (b); or
(3) A
request to transfer a commercial mooring for hire mooring permit pursuant to
Pda 508.02.
(b) The authority shall review and make a
decision on whether or not to grant a petition for reconsideration at its next
regularly scheduled meeting, if the petition was received at least 10 business
days before such meeting. If the petition was not received at least 10 business
days before the authority’s next regularly scheduled meeting, the authority
shall review and make a decision on whether or not to grant the petition for
reconsideration at the authority’s following regularly scheduled meeting. The authority shall notify the petitioner of
the authority’s decision on whether to grant or deny the petition within 5
business days of the decision.
(c) When making a decision on a petition for
reconsideration, the authority shall consider all information on file with the
division concerning the authority’s denial under Pda 514.02(b) and any new or
additional information relevant to the matter under reconsideration that was
not available regarding:
(1) A
permit denial, when the application in question was submitted; or
(2)
The transfer of a commercial mooring permit, when the decision to refuse
the permit transfer was rendered.
(d) The authority shall remand the matter to the
division director for issuance of the permit or for granting a request for a
transfer sought after in the petition for reconsideration, if, after
reconsideration, the authority finds:
(1)
One or more of the following:
a. It
more likely than not that the authority’s decision concerning the issuance or
transfer of the mooring was based on an error of law or fact;
b. That there was a lack of
facts that could reasonably sustain the decision to deny or revoke the permit;
or
c. In
the case of denial of a permit because of a late filing under Pda 506.04(d),
that:
1. The
petitioner was temporarily incapacitated for:
(i) Fifty percent or more of the application
period; or
(ii)
One day or more during the final 10 days of the application period;
2. The
petitioner was on active military service at any time during the application
period;
3. The
late filing was caused by the failure of any state or governmental agency to
timely provide the petitioner with documentation required for an application by
Pda 500; or
4. A
death in the immediate family occurred during the final 10 days of the
application period. For the purposes of this paragraph, “immediate family”
means grandparents, parents, siblings, spouse, children or grandchildren; and
(2)
All of the following:
a. The
petition for reconsideration was timely filed in accordance with (a) above;
b. The
petition for reconsideration filed by the petitioner meets all of the
requirements of Pda 514.03; and
c. The
petitioner:
1.
Meets all of the requirements under Pda 500 for the permit or transfer;
2. Has
provided written documentation for any reason claimed under (1)c. above,
including, but not limited to:
(i) In
the case of temporary incapacitation:
i. A signed letter from a doctor, nurse, or
other medical provider or caregiver attesting to the petitioner’s
incapacitation;
ii. A copy of a bill or invoice
from an institution where the petitioner received medical or rehabilitative
treatment or care; or
iii. A copy of a statement from
an insurance company showing that costs for medical or rehabilitative treatment
or care were submitted to the company for services for the petitioner;
(ii) In the case of military
service, a signed letter from the petitioner’s commanding officer or supervisor
attesting to the petitioner’s military service;
(iii) In the case of the failure
of any state or federal agency to provide the petitioner with documentation
needed for an application under Pda 500, a copy of correspondence between the
petitioner and a state or governmental agency, showing that the petitioner
timely sought documentation needed for an application under Pda 500, but was
not provided with the documentation in a timely manner; or
(iv)
In the case of a death in the immediate family, to identify the name of
the deceased, the relationship to the petitioner, and the date of death; and
3. Has
paid the mooring permit reapplication late fee, in the case of petition granted
under (1)c. above.
(e) The authority shall deny the request to issue
or transfer the permit specified in Pda 514.02(b) if, after reconsideration,
the authority finds that:
(1) It
is more likely than not that the decision was not based on any error of law;
(2)
There were facts reasonably sustaining the decision;
(3) In
the case of a late filing under Pda 506.04(d), the petitioner failed to meet
the requirements under (d)(1)c. above;
(4)
The petition for reconsideration was not timely filed in accordance with
(a) above;
(5)
The petition for reconsideration filed by the petitioner does not meet
all of the requirements of Pda 514.03; or
(6).
The petitioner:
a.
Does not meet all of the requirements under Pda 500 for the permit or transfer;
b. Has
not provided written documentation for any reason claimed under (d)(1)c. above;
or
c. Has not paid the mooring
permit reapplication late fee, in the case of petition filed under (d)(1)c.
above.
(f) If, after reconsideration, the authority
grants the request to issue or transfer the permit sought after in the petition
for reconsideration, the petitioner shall return to the division a completed
application for the permit sought within 10 business days of receipt of the
authority’s decision.
Source.
#9641, eff 2-1-10 (formerly Pda 514.04); ss by #9975, eff 8-20-11
(See Revision Note at chapter heading for Pda 500); ss by #12958, eff 12-24-19
Pda
514.06 Appeal to Authority; Standard
of Review.
(a) If the division director has denied a request
to issue the permit sought after in a petition for reconsideration under Pda
514.04, the petitioner may appeal to the authority within 10 business days
after receipt of written notice of denial by the division director.
(b) The appellant shall bear the burden of
proving that the decision of the division director to deny appellant’s request
to issue the permit sought after in a petition for reconsideration under Pda
514.04 was based on an error of law or fact or there was a lack of facts that
could reasonably sustain the division director’s decision.
(c) The authority shall accept all determinations
of the division director made under Pda 514.04 upon questions of fact as lawful
and reasonable unless the appellant specifically rebuts such determination of
fact as unlawful or unreasonable.
Source. #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
Pda 514.07 Requirements
for Appeal. A request for appeal
shall:
(a)
Specify the date notice of the division director’s denial of the request
to issue the permit sought after in a petition for reconsideration was received
by the appellant;
(b)
Specify every reason that the action taken by the division director or
authority was contrary to Pda 500 or otherwise unlawful or unreasonable,
including any error of law or error of fact;
(c)
Include as an attachment a copy of the application or request that was
denied or failed to receive approval;
(d)
Include any new or additional information relevant to the matter on
appeal that
was not available at the time the request for reconsideration was made to the
director under Pda 514.01;
(e) Specify the reason for the late filing and
include as an attachment written documentation supporting the reason specified
for late filing; and
(f) Include the following certification:
“I certify
under penalty of law that I have personally examined, and am familiar with, the
information submitted in this appeal and all of its attachments. I certify that the statements and information
submitted therewith are to the best of my knowledge and belief true, accurate
and complete.”
Source.
#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
Pda
514.08 Referral of Matter to Board
Member for Recommendation; Procedure for Board Member.
(a) The chair of the board shall designate a
board member to review appeals to the authority under Pda 514.06.
(b) The board designate shall:
(1)
Notify the appellant in writing that the board designate will be
reviewing the matter on appeal on behalf of the board and preparing a
recommended decision regarding the appeal for consideration and action by the
board;
(2)
Provide the appellant an opportunity, including date, time, and
location, to meet with the board designate and present his or her information
and argument regarding the appeal, provided that the meeting shall occur within
15 business days of the filing of the appeal with the authority;
(3)
Notify the appellant that he or she may bring counsel or a personal
representative to the meeting;
(4)
Notify the appellant that any written information, testimony or argument
not previously submitted during reconsideration by the division director shall
be submitted to the board designate not later than 5 business days before the
date of the meeting with the board designate; and
(5)
Notify the appellant that the meeting with the board designate will be
recorded.
(c) The division director shall provide the board
designate a copy of all information concerning the matter in the possession of
the division director.
(d) The following shall apply at the meeting with
the board designate:
(1)
The board designate shall exclude any additional written information,
testimony or argument that was not submitted in accordance with (b)(4) above
unless the board designate finds good cause for appellant’s failure to comply
with (b)(4) above and that late submission was not intended to delay the appeal
or the meeting with the board designate.
For purposes of this paragraph, “good cause” means that the appellant
did not discover, learn of, or formulate the information, testimony, or
argument in time to submit such information, testimony, or argument in
accordance with (b)(4) above and could not have discovered, learned of, or
formulated such information, testimony, or argument with reasonable diligence
to comply with (b)(4) above;
(2)
The appellant or his or her counsel or representative may direct
questions to the board designate, including questions for a division
representative(s) present at the meeting;
(3)
The division staff may direct questions to the board designate,
including questions for appellant or his or her counsel or representative
present at the meeting;
(4)
The appellant’s questions for the division representative(s) and the
division’s questions to the appellant or appellant’s representative shall be
asked only by the board designate; and
(5)
The board designate may exclude irrelevant, immaterial, or unduly
repetitious information, testimony or argument.
(e) Within 10 business days after the meeting
with the board designate under (d) above, the board designate, after reviewing
the information provided by the division director and the appellant, and after
meeting with division staff and the appellant, if the appellant requested such
a meeting, shall make a written recommendation to the authority regarding the
appeal. The board designate shall at the same time send to the appellant, by
first class mail, a copy of the recommendation made to the authority.
Source.
#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
Pda
514.09 Authority Action on Appeal.
(a) Within 10 business days of receipt of a
recommendation from a board designate, the authority shall notify the appellant
in writing:
(1)
That the authority will be reviewing the board designate’s
recommendation regarding the appeal;
(2) Of
the date, time, and location of the regularly scheduled board meeting at which
the review is scheduled, provided that the meeting shall not be sooner than 20
calendar days from the receipt of the board designate’s
recommendation under Pda 514.08(e);
(3)
That he or she may bring counsel or a personal representative to the
meeting; and
(4)
That the meeting with the board will be recorded.
(b) At the board meeting when the appeal is
scheduled, the authority shall consider:
(1)
All information on file with the division concerning the matter;
(2)All information submitted to the authority
or board designate under Pda 514.07 and Pda 514.08;
(3)
Any additional written information not previously submitted under Pda
514.07 or Pda 514.08, provided the chair of the authority finds good cause for
appellant’s failure to comply with Pda 514.07 or Pda 514.08 and that late
submission was not intended to delay the appeal or the meeting with the
authority. For purposes of this
paragraph, “good cause” means that the appellant did not discover or learn of
the information in time to submit such information in accordance with Pda
514.07 or Pda 514.08 above and could not have discovered or learned of such
information with reasonable diligence to comply with Pda 514.07 or Pda 514.08;
(4)
Any oral statement or argument made by the appellant or his
representative or division staff; and
(5)
The recommendation of the board designate.
(c) The following shall apply at the board
meeting:
(1)
The appellant may bring counsel or a personal representative;
(2)
The authority shall exclude any additional written information,
testimony or argument that was not submitted in accordance with Pda 514.07 and
Pda 514.08 unless the chair of the authority finds good cause for appellant’s
failure to comply with Pda 514.07 and Pda 514.08 and that late submission was
not intended to delay the appeal. For
purposes of this paragraph, “good cause” means that the appellant did not
discover, learn of, or formulate the information, testimony, or argument in
time to submit such information, testimony, or argument in accordance with Pda
514.07 or Pda 514.08 above and could not have discovered, learned of, or
formulated such information, testimony, or argument with reasonable diligence
to comply with Pda 514.07 or Pda 514.08; and
(3)
Any oral information, testimony or argument may be received, but the
chair or other presiding officer in the chair’s absence shall exclude
irrelevant, immaterial, or unduly repetitious information, testimony or argument,
including without limitation, information, testimony or argument included in or
with the division’s file regarding the appellant or the written recommendation
of the board designate.
Source.
#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
Pda
514.10 Decision by Authority on
Appeal. The authority shall render a
decision regarding the appeal no later than the next regularly scheduled board
meeting following any board meeting held under Pda 514.09.
Source.
#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
Pda 514.11 When
Matter Remanded to Division Director; Notification of Decision of Authority.
(a)
If the authority determines that the permit should be granted because
the appellant has met its burden of proving by a preponderance of the evidence
that the decision of the division director to deny the appellant’s request to
issue the permit sought after in the petition for reconsideration was based on
an error of law or fact or there was a lack of facts that could reasonably
sustain the division director’s decision, the authority shall remand the matter
to the division director for action in accordance with its decision.
(b)
The authority shall notify the appellant of its decision and provide a
written copy thereof within 10 business days of issuing a decision pursuant to
Pda 514.10.
(c)
If the authority determines, under (a) above, that the permit should be
granted, the appellant shall return a completed application for the permit
sought within 10 business days of receipt of notice from the authority under
(b) above.
Source.
#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
Pda
514.12 Removal of Representatives.
(a)
Upon making a finding of misconduct on the part of any representative appearing
before the director, authority or board designate, as applicable, the director,
authority or board designate shall prohibit that individual from acting as a
representative for the pending matter.
(b) For purposes of this section, misconduct
means:
(1)
Behavior that is disruptive to the orderly conduct of the
reconsideration or appeal; or
(2) A
consistent or recurring failure to:
a.
Meet deadlines; or
b.
Comply with the provisions of Pda 514.
(c) Prior to making a finding of misconduct so as
to warrant the imposition of such prohibition, the director, authority or board
designate, as applicable, shall:
(1)
Inform the representative and the party represented by the
representative to the proceeding of the proposed prohibition; and
(2)
Provide an opportunity for the representative and the party
represented by the representative to address the director, authority or
board designate, as applicable, regarding why the prohibition should or
should not be imposed.
Source.
#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
Pda
514.13 Requests to Extend Time.
(a) Any person seeking reconsideration or
appellant may ask the director, authority, or board designate, as applicable,
to extend any time limit established by Pda 514.
(b) A request for an extension of time shall be
made in writing to the director, authority, or board designate, as applicable,
before the expiration of the prescribed period.
(c) Division staff shall be given an opportunity
to object within 5 business days of receiving a request to extend time.
(d) The director, authority or board designate,
as applicable, shall grant the requested extension if it determines that:
(1)
The time period is not mandated by statute;
(2)
One of the following applies:
a. An
extension is necessary to conduct a more effective reconsideration or appeal;
or
b. The person seeking reconsideration, the
appellant, or their representative(s) is incapacitated, has suffered a death in
the family, or has otherwise been delayed or prevented from meeting the
applicable deadline by unforeseeable circumstances beyond the party’s control;
and
(3) No
person objects to the extension or, if a person does object, the reason(s) for
granting the extension outweigh the reason(s) for denying the extension.
Source.
#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
Pda
514.14 Continuance.
(a) Any appellant or person seeking
reconsideration may request that a meeting conducted pursuant to Pda 514 be
continued for reasonable cause and reconvened or rescheduled.
(b) Prior to filing a request for a continuance
of any scheduled meeting regarding a pending reconsideration or appeal made in
advance of the meeting, the appellant or person seeking reconsideration seeking
the continuance shall seek concurrence with the request from division staff.
(c) A request for a continuance of a meeting with
the director, authority or board designate, as applicable, made in advance of
such meeting shall:
(1) Be
in writing;
(2)
State the reason(s) for the request;
(3) Be
delivered or received filed at least 5 calendar days before the scheduled
meeting date; and
(4)
State whether the division staff agree or disagree with the request or
did not respond to the request for concurrence.
(d) A request for a continuance made at a scheduled
meeting may be made orally provided notice of such request is recorded by the
division director, authority or board designate, as applicable.
(e) The division director, authority or board
designate shall grant the request if he or she determines that reasonable
cause exists and that no person will be materially prejudiced by the
delay.
(f) For purposes of this section, reasonable
cause shall include:
(1)
Unavailability of an individual appellant or person seeking
reconsideration, or representative, or witness;
(2)
The participants believe that an informal resolution is possible and
need more time to resolve the matter; or
(3)
The appellant or person seeking reconsideration or the division are
awaiting information, reports, data, or a related court decision which is
material to the reconsideration or appeal.
(g) Any grant of a continuance shall specify the
time and place at which the meeting shall be rescheduled. The division director, authority or board
designate, as applicable, shall provide notice of a rescheduled meeting
regarding the reconsideration or appeal in such a manner as is appropriate to
ensure that reasonable notice of at least 10 calendar days shall be given of
the time and place of the continued meeting.
Source.
#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
PART Pda 515
ANCHORAGE
Pda
515.01 Change in Position May Be
Ordered. The chief harbor master or
designee shall at any time order any vessel at anchor to change position when,
in the chief harbor master or designee’s opinion, such vessel is so anchored as
to impede navigation or to endanger other vessels.
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
CHAPTER Pda
600 STATE-OWNED COMMERCIAL PIERS AND
ASSOCIATED FACILITIES
PART Pda 601
DEFINITIONS
Pda 601.01 “Chandlery items” means supplies or equipment for vessels or other
marine-related purposes.
Source.
#8321, eff 10-1-05; ss by #8759, eff 11-18-06; ss by #10441, eff 11-1-13;
ss by #13806, eff 11-17-23
Pda
601.02 “Commercial fisherman” means the owner or
operator of any commercial fishing vessel.
Source.
#8321, eff 10-1-05; ss by #8759, eff 11-18-06; ss by #10441, eff 11-1-13;
ss by #13806, eff 11-17-23
Pda
601.03 “Off-site business” means a commercial entity:
(a) That has a business purpose for using the
facilities of a business-use pier; and
(b) With a principal place
of business at a location other than a state-owned commercial pier or
associated facilities.
Source. #8321,
eff 10-1-05; ss by #8759, eff 11-18-06; ss by #10441, eff 11-1-13; ss by
#13806, eff 11-17-23
Source.
#10441, eff 11-1-13 ss by #13806, eff 11-17-23
Pda 601.05 “Seasonal” or “season” means between April 1
and October 31.
Source.
#8321, eff 10-1-05; ss by #8759, eff 11-18-06; ss by #10441, eff 11-1-13
(from Pda 601.04); ss by #13806, eff 11-17-23
Source.
#8321, eff 10-1-05; ss by #8759, eff 11-18-06; ss by #10441, eff 11-1-13
(from Pda 601.05); ss by #13806, eff 11-17-23
Pda 601.07 “Unattended,” at a state-owned commercial
pier, in reference to a:
(a) Vessel, means that the person in charge of
the vessel and able to move the vessel is:
(1)
Either:
a.
Not on the state-owned commercial pier or associated facilities; or
b.
On the state-owned commercial pier or associated facilities but out of
direct line of sight to the vessel; and
(2)
Has failed to place in charge of the vessel during their absence from
the vessel another person who is capable of operating the vessel and who is
properly licensed under state and, if applicable, federal law to operate such
vessel; and
(b) Vehicle, means that the person in charge of
the vehicle and able to move the vehicle is:
(1)
Either:
a.
Not on the state-owned commercial pier or associated facilities; or
b.
On the state-owned commercial pier or associated facilities but out of
direct line of sight to the vehicle; and
(2)
Has failed to place in charge of the vehicle during their absence from
the vehicle another person who is capable of operating the vehicle and who is
properly licensed to operate such vehicle.
Source. #8321, eff 10-1-05; ss by #8759, eff 11-18-06;
ss by #10441, eff 11-1-13 (from Pda 601.06); ss by #13806, eff 11-17-23
PART Pda 602 PERMITS AND STICKERS REQUIRED
Pda 602.01 Pier Use Permit Required at Business-Use
Piers. No person shall secure a
vessel to a business-use pier unless a pier use permit has been issued by the
division under Pda 600, except as provided in Pda 603.02(f).
Source. #8321, eff 10-1-05, ss by #10441, eff 11-1-13;
); ss
by #13806, eff 11-17-23
Pda 602.02 Pier Use Permit Required for Charter Boat. No charter boat shall be secured to a
recreational-use pier unless a pier use permit has been issued to the owner or
operator of the charter boat for the charter boat by the division under Pda
600.
Source. #8321, eff 10-1-05; ss by #10441, eff 11-1-13;
ss by #13806, eff 11-17-23
Pda 602.03 Skiff Permit and Sticker Required at Skiff
Dock. No person shall secure a skiff
to a skiff dock unless a skiff permit and skiff sticker have been issued for
the skiff by the division under Pda 600.
Source. #8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806,
eff 11-17-23
Pda 602.04 Business-Use Pier Vehicle Sticker Required. No person shall operate or park a vehicle on
a business-use pier or in a business-use pier parking area unless the vehicle
displays a valid business-use pier vehicle sticker, except as provided in Pda
603.03(d).
Source.
#8321, eff 10-1-05; EXPIRED: 10-1-13
New. #10441, eff 11-1-13; ss by
#13806, eff 11-17-23
Pda 602.05 General Use Parking Lot. No person shall park a vehicle in a general
use parking lot located on associated facilities except as provided in Pda
603.04(c)(1-2).
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 602.06 Annual Berthing Permit Required at
Portsmouth Pier Berthing Area. No
person shall secure a vessel in the Portsmouth pier berthing area unless an
annual berthing permit has been issued by the division under Pda 600.
Source.
#8321, eff 10-1-05; ss by#10441, eff 11-1-13; ss by #13806, eff 11-17-23
PART Pda 603 USE OF STATE-OWNED COMMERCIAL PIERS AND
ASSOCIATED FACILITIES
Pda 603.01 Recreational-Use Piers.
(a) No vessel shall be secured or attempted to be
secured to a recreational-use pier if the vessel would interfere with the use
of the pier by another vessel already approaching, departing from, or secured
to the pier, except that a private recreational vessel already secured to the
pier shall comply with (g) below.
(b) Only the following shall be secured to a
recreational-use pier:
(1)
Private recreational vessels;
(2)
A charter boat for which a pier use permit has been issued under Pda
600;
(3)
A vessel for which an overnight recreational-use pier berthing permit
has been issued under Pda 600; and
(4)
Vessels with permission obtained pursuant to (d) below.
(c) A vessel may be secured to a recreational-use
pier for the following purposes:
(1) Loading or unloading of passengers or
equipment, or both, provided that the loading or unloading of passengers by a
charter boat shall be allowed only in accordance with the terms of a written
contractual agreement with the authority;
(2)
Use of state-owned facilities or other businesses located on the pier or
associated facilities by passengers or crew of the vessel;
(3)
Overnight berthing in accordance with Pda 604.07;
(4)
For emergency repairs; or
(5)
For any purpose authorized by the division pursuant to (d)(1) below.
(d) Except as provided in Pda 604.07 for a vessel
for which an overnight berthing recreational-use pier berthing permit has been
issued, no vessel shall be secured to a recreational-use pier for longer than
30 minutes, unless the vessel operator requests permission to be so secured and
the division director or an employee of the division:
(1)
Determines that:
a.
The securing of the vessel would not interfere with the use of the pier
by another vessel approaching, departing from, or already secured to the pier;
and
b.
One or more of the following applies:
1.
The crew or passengers, or both, of the vessel are making use of
state-owned facilities on the pier or in the vicinity of the pier and the use
requires more than 30 minutes;
2.
The vessel is undergoing emergency repairs that take longer than 30
minutes;
3.
Because of volume or complexity, the loading or unloading of passengers
or equipment, or both, lasts longer than 30 minutes;
4.
A charter boat requires more than 30 minutes for provisioning,
preparation, or cleanup before its departure or after its arrival;
5.
Weather or tide conditions make it hazardous for the vessel not to be
secured to the pier;
6.
A medical emergency exists involving a passenger or crew member;
7.
Failure to secure the vessel to the pier would result in an imminent and
substantial hazard to navigation or to the safety of any person on board such
vessel; or
8.
A vessel is scheduled to be hauled out or launched and the haulout or launching fee for the vessel has been paid by
the owner or operator of the vessel or by a third party that has a written
agreement with the authority; and
(2)
Gives the owner or operator of the vessel oral permission to remain at
the pier longer than 30 minutes but only as long as necessary to accomplish the
purpose for which the vessel is secured to the pier.
(e) No vessel shall be left unattended while
secured to a recreational-use pier, except a skiff with a skiff permit secured
to a skiff dock.
(f) No fishing shall be
allowed from a recreational-use pier, or from a vessel attached to any
recreational pier.
(g) Operators of private recreational vessels
shall remove their vessels from a recreational-use pier when an authorized or
permitted charter boat approaches the pier.
Source.
#8321, eff 10-1-05; amd by #8759, eff 11-18-06; ss by #10441, eff
11-1-13; ss by #13806, eff 11-17-23
Pda 603.02 Business-Use Piers; Restrictions; Skiffs;
Emergency Use Allowed.
(a) Only a commercial fishing vessel or
commercial cargo vessel with a pier use permit shall be secured to a
business-use pier, except as provided in (d), (f), and (g) below.
(b) The loading or unloading of a commercial cargo
vessel shall be allowed only in accordance with the terms of a written
contractual agreement with the authority.
(c) No vessel shall be left unattended while
secured to a business-use pier, except:
(1)
A vessel with a berthing permit in the Portsmouth pier berthing area; or
(2)
A skiff with a skiff permit secured to a skiff dock.
(d) No commercial fishing vessel or commercial
cargo vessel shall be secured for more than 30 minutes, and no other vessel shall
be secured at any time to a business-use pier, except a commercial fishing
vessel with a berthing permit or as provided in (e) or (f) below, unless the
vessel owner or operator requests permission to be so secured and the division
director or an employee of the division:
(1)
Determines that one or more of the following applies:
a. The volume or complexity of loading or
offloading harvested seafood or equipment or both requires longer than 30
minutes;
b. The vessel requires
repairs or maintenance that take longer than 30 minutes;
c. Weather or tide conditions make it hazardous
for the vessel not to be secured to the pier;
d. A medical emergency exists involving a
passenger or crew member; or
e. Failure to secure the vessel to the pier
would result in an imminent and substantial hazard to navigation or to the
safety of any person on board such vessel; and
(2)
Gives the owner or operator of the vessel oral permission to be secured
to the pier, but only for as long as the situation creating the reason for the
stay exists and space is available.
(e) A commercial fishing vessel or a commercial
cargo vessel waiting to unload cargo shall be allowed to be secured to a
business-use pier between sunset and sunrise, if the operator of the vessel
expects a vehicle to arrive before 12:00 noon to pick up the vessel’s
cargo. A vessel shall not remain secured
to a business-use pier pursuant to this paragraph for more than 24 hours
without seeking additional approval from the division pursuant to (d) above.
(f) A vessel without a pier use permit may be
secured to a business-use pier for up to 30 minutes, if the vessel operator
requests permission to be so secured and the division director or an employee
of the division:
(1)
Determines that:
a.
The securing of the vessel would not interfere with the use of the pier
by another vessel approaching, departing from, or already secured to the pier;
and
b.
The crew or passengers, or both, of the vessel are making use of
state-owned facilities or other businesses located on the pier or associated
facilities to obtain fuel, chandlery items,
or another justifiable purpose; and
(2)
Gives the operator of the vessel oral permission to be secured to the
pier, but only for as long as the situation creating the reason for the stay
exists.
(g) The holder of a mooring permit issued under
Pda 505 for which a skiff permit has been issued under Pda 606.02 shall be
allowed to tie one skiff at the designated skiff dock. Such skiff shall be identified by a skiff sticker
issued under Pda 604.04 attached to the skiff in a conspicuous location.
(h) No fishing shall be allowed from a
business-use pier, or from a vessel attached to any business-use pier.
(i) Vessel maintenance on a business-use pier
shall be scheduled so as not to interfere with ongoing commercial activity in
posted loading and unloading areas.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13, amd by #11179, eff
9-16-16; ss by #13806, eff 11-17-23
Pda 603.03 Vehicles and Trailers on Piers.
(a) The provisions of this section relating to
vehicles shall also apply to trailers towed by vehicles and the parking of
trailers.
(b) No vehicle shall be parked or operated on a
recreational-use pier, except:
(1)
Vehicles on the pier for purposes of law enforcement or emergency
response;
(2)
A vehicle servicing property owned or operated by the authority; and
(3)
Vehicles necessary for emergency repair of a vessel secured to the pier,
if the division director or an employee of the division determines that:
a.
An emergency repair is required for the vessel; and
b.
A vehicle(s) requires access to the pier to accomplish the emergency
repair.
(c) A vehicle shall be operated or parked on a
business-use pier only when the vehicle is:
(1)
A vehicle on the pier for purposes of law enforcement or emergency
response;
(2)
Being used to load or unload a commercial fishing vessel or commercial
cargo vessel owned or operated by the holder of a pier use permit;
(3)
Necessary for the maintenance or repair of a commercial fishing vessel
or commercial cargo vessel;
(4)
Directly associated with the provision of commercial service(s) to a
vessel secured to the pier;
(5)
Being used for purposes of an off-site business by the holder of a pier
use permit; or
(6)
Servicing property owned or operated by the authority.
(d) All vehicles shall display a business-use
pier vehicle sticker while being operated or parked on a business-use pier,
except:
(1)
Vehicles on the pier for purposes of law enforcement or emergency
response; and
(2)
Vehicles allowed access to the pier under (c)(3), (4), or (6) above.
(e) No vehicle shall restrict access to a
state-owned commercial pier or associated facilities.
(f) No vehicle shall impede the work of
commercial activity.
(g) No vehicle shall be left unattended on a
business-use pier.
(h) The operator of any vehicle operated or
parked on a business-use pier for the purposes of (c) above after 6:00 p.m.
shall notify the harbormaster or the division by telephone or in person of the
presence of the vehicle, the purpose for which the vehicle is being used, and
the estimated time the work requiring the vehicle will be completed.
(i) The harbormaster or the division shall grant
permission under (h) above if:
(1)
The requested additional time is necessary to complete the work
involving the vehicle;
(2)
The vehicle will not be left unattended;
(3)
The work requiring the vehicle does not restrict access to state-owned
commercial piers or associated facilities or impede the work of commercial
activity; and
(4)
The work does not pose a hazard to persons or property.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 603.04 Parking
in Parking Areas Located on Associated Facilities.
(a) The division shall designate areas for
short-term parking, long-term parking, business-use pier parking, and general
use parking, as needed.
(b) All parking at state-owned commercial piers
and associated facilities shall be on a first-come, first-served basis, subject
to available space. All parking shall be
subject to the control and direction of employees of the division consistent
with Pda 600.
(c) Parking shall be allowed:
(1)
In general use parking lots for:
a.
The holder of a valid:
1.
Daily parking ticket;
2.
Overnight parking permit;
3.
Seasonal overnight parking permit;
4.
Seasonal daily parking permit; or
5.
Business-use pier vehicle sticker, if the business-use pier parking area
is at capacity; or
b.
Pursuant to a written contractual agreement with the authority; or
c.
First responders responding to an emergency situation, conducting
training, or for any other legitimate purpose; and
(2)
In a business-use pier parking area, by:
a.
The holder of a valid business-use pier vehicle sticker; or
b.
A person servicing a commercial fishing vessel, a commercial cargo
vessel, or property owned or operated by the authority, pursuant to Pda
603.03(c)(3) or (6).
(d) Short-term parking shall:
(1)
Not exceed 30 minutes; and
(2)
Be available only for a person visiting a state-owned commercial pier
for a purpose related to the state-owned commercial pier and associated
facilities.
(e) Overnight parking of vehicles in the
Portsmouth, Rye Harbor, or Hampton Harbor business-use pier parking areas shall
be allowed only for vehicles for which a business-use pier parking sticker has
been issued by the division and is displayed in accordance with (h) below.
(f) Overnight parking of vehicles in a general
use parking area shall be allowed only for vehicles for which:
(1)
A business-use vehicle sticker has been issued by the division;
(2)
An overnight parking permit has been issued by the division and is
displayed in accordance with (g) below;
(3)
A seasonal overnight parking permit and sticker have been issued by the
division and the seasonal overnight parking sticker is displayed in accordance
with (h) below; or
(4)
Parking is allowed pursuant to a written contractual agreement with the
authority.
(g) Each vehicle operator of a vehicle for which
an overnight parking permit or daily parking ticket has been issued shall
display the permit or ticket in the vehicle in a visible location.
(h) Each vehicle operator of a vehicle for which
a parking sticker has been issued shall affix the parking sticker on the
vehicle in a clearly visible location using the adhesive provided on the
sticker.
Source.
#8321, eff 10-1-05; ss by #9048, eff 1-1-08; ss by #10441, eff 11-1-13;
ss by #13806, eff 11-17-23
Pda 603.05 Removal of Vehicles or Trailers from Piers
and Associated Facilities. If the
owner or operator of a vehicle or trailer parked in violation of Pda 603.03 or
Pda 603.04 is not available or refuses to move the vehicle or trailer, the
division shall remove or arrange for the removal of such vehicle or trailer or
both from the pier or associated facilities at the owner’s expense.
Source.
#8321, eff 10-1-05, ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 603.06 General Safety Requirements; Attachments
to Piers.
(a) All vessel operators shall exercise caution
when approaching, leaving, or securing a vessel to a state-owned commercial
pier.
(b) No person shall dive or swim from a
state-owned commercial pier, except when doing so for pier or vessel
maintenance.
(c) No person shall attach any object to a
state-owned commercial pier other than lines to secure a vessel, unless such
use is authorized under a written contractual agreement with the authority.
(d) No person shall create a condition on a
state-owned commercial pier or associated facilities that would result in a
violation of the law, including any rule set forth in Pda 600, create an
imminent and substantial threat to human health, public safety, or the
environment, or be likely to result in immediate and substantial damage to
division property.
(e) The division director or a division employee
shall require any person or vessel to leave a state-owned commercial pier or
associated facilities if that person’s or vessel’s presence is in violation of
the law, including any rule set forth in Pda 600, presents an imminent and
substantial threat to human health, public safety, or the environment, or is
likely to result in immediate and substantial damage to division property.
(f) If prevailing conditions require that a
vessel be removed from a state-owned commercial pier because failure to remove
the vessel would result in a violation of the law, including any rule set forth
in Pda 600, an imminent and substantial threat to human health, public safety,
or the environment, or immediate and substantial damage to division property, a
representative of the division shall remove or arrange for the removal of the
vessel from the pier.
(g) Any person who is the
owner or custodian of any animal, while on a state-owned commercial pier or
associated facilities, shall at all times have said animal on a standard or retractable leash
not greater than six feet in length, or under
their immediate control by means of personal presence and attention, and shall
properly dispose of any waste or garbage the animal excretes or causes to be
scattered on the property.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 603.07 Dumping of Fish and Other Marine Species
and Waste Disposal at State-Owned Commercial Piers and Associated Facilities.
(a) No person shall deposit in the waters
adjacent to a state-owned commercial pier or associated facilities any dead
fish or other marine species, or parts thereof, or fish smothered or injured to
such an extent that they will die.
(b) No person shall dispose of waste at a
state-owned commercial pier or associated facilities except in containers
designated for that purpose.
(c) In the absence of a designated container or
when a container is full, a person shall remove their own waste from state
property.
(d) Any waste container located on a business-use
pier shall be only for the use of persons authorized to use the business-use
pier.
(e) Any waste container designated for use only
by the holder of a pier use permit shall be used only by the holder of a pier
use permit.
(f) No person shall dispose of any of the
following at a state-owned commercial pier or associated facilities:
(1)
Hazardous waste as defined in RSA 147-A:2, VII;
(2)
Hazardous materials as defined in RSA 147-B:2, VIII; or
(3)
Oil, gas, or other petroleum product(s) except as allowed in (b) above.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 603.08 Fuel.
(a) Fuel containers shall not be left unattended
on any state-owned commercial pier or associated facilities.
(b) No person shall dispense fuel on a
state-owned commercial pier, except a person:
(1)
Dispensing fuel from facilities:
a.
Located on the state-owned commercial pier; and
b.
Designated by the division for the purpose of dispensing fuel;
(2)
Dispensing fuel under the terms of a written contractual agreement with
the authority; or
(3)
Employed by a person or entity dispensing fuel under the terms of a
written contractual agreement with the authority.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 603.09 Welding and Hot Work. No person shall perform welding and hot work
on a state-owned commercial pier, except a person performing such work under
the terms of a written contractual agreement with the authority.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 603.10 Storage of Property at State-Owned
Commercial Piers Restricted.
(a) No person shall store any vessel, trailer, equipment, or other
property at a state-owned commercial pier or associated facilities unless the
person has entered into a written contractual storage agreement with the
division.
(b) Lobster bait shall not be stored on a
state-owned commercial pier or associated facilities in excess of 24 hours.
(c) The division shall maintain wait lists for
summer and winter vessel storage in accordance with Pda 605.01 when a vessel
storage facility is at capacity.
(d) The division shall designate summer or winter
storage areas, or both, at state-owned commercial piers.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 603.11 General Restrictions and Limitations.
(a) There shall be no camping or sleeping on
state-owned commercial piers or associated facilities.
(b) The consumption of alcohol at state-owned
piers or associated facilities shall be prohibited, unless permission has been
granted in accordance with the terms of a written contractual agreement with
the authority. The service and
consumption of alcohol pursuant to such a contract shall comply with the
relevant provisions of RSA 178, RSA 179, Liq 400, Liq 500, and Liq 700.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #11179, eff 9-16-16;
ss by #13806, eff 11-17-23
PART Pda 604 PERMITS AND STICKERS
Pda 604.01 Types of Permits and Stickers. The following types of permits and stickers
shall be issued under Pda 600:
(a) Annual pier use permits;
(b) Business-use pier vehicle stickers;
(c) Skiff permits and skiff stickers;
(d) Single-use pier permits;
(e) Annual berthing permits;
(f) Overnight recreational-use pier berthing
permits;
(g) Daily seasonal parking permits and stickers;
(h) Daily seasonal launch permits and stickers;
(i) Overnight parking permits; and
(j) Seasonal overnight parking permits and
stickers.
Source.
#8321, eff 10-1-05; amd by #9048, eff 1-1-08; ss by #10441, eff 11-1-13;
ss by #13806, eff 11-17-23
Pda 604.02 Granting of Annual Pier Use Permits;
Modification, Duration, and Transferability.
(a) The division director or designee shall grant
annual pier use permits pursuant to Pda 606.01.
(b) The following shall be permitted to apply for
an annual pier use permit:
(1)
The owner or operator of a commercial fishing vessel;
(2)
The owner or operator of an off-site business;
(3)
The owner or operator of a commercial cargo vessel; and
(4)
The owner or operator of a charter boat.
(c) Any person listed under (b) above may make
application for an annual pier use permit by:
(1)
Submitting a completed application form as described in Pda 609.01 to
the division; and
(2)
Paying the annual pier use permit fee.
(d) An annual pier use permit shall allow:
(1)
A commercial fishing vessel to be secured to the Portsmouth, Rye Harbor,
and Hampton Harbor business-use piers and to use division hoists on these
piers;
(2)
An off-site business that needs access to facilities at a business-use
pier for its business purposes to access such pier(s);
(3)
A commercial cargo vessel to be secured to the Portsmouth, Rye Harbor,
and Hampton Harbor business-use piers, provided that the loading or unloading
of cargo shall be allowed only in accordance with the terms of a written
contractual agreement with the authority; or
(4)
A charter boat to be secured to the recreational-use piers at Rye Harbor
and Hampton Harbor between the hours of sunrise and 11:59 p.m., provided that
loading or unloading of passengers shall be allowed only in accordance with the
terms of a written contractual agreement with the authority.
(e) The holder of an annual pier use permit shall
be permitted to remain secured to the pier to conduct its business that
requires use of the pier only as long as necessary to complete its business,
provided that the time period shall not exceed 12 hours.
(f) An annual pier use permit shall be valid for
a one-year period from January 1 to December 31. All annual pier use permits issued during the
time period from January 1 to December 31 shall expire on December 31.
(g) Annual pier use permits shall not be
transferable.
(h) An annual pier use permit for a commercial
fishing vessel, commercial cargo vessel, or charter boat shall be modified by
substitution of a modified or replacement vessel for the vessel identified in
the permit if the following conditions are met:
(1)
The permit holder provides to the division, at least 14 days before
making use of the modified or replacement vessel under the annual pier use
permit:
a.
Written notice of any changes to vessel information under Pda
609.01(b)(11); and
b.
If there is a new registration for the vessel, a copy of such
registration; and
(2)
Before making use of a modified or replacement vessel under the annual
pier use permit, the permit holder pays 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.
(i) The expiration date of a permit modified
under (h) above shall be the same as the originally issued permit.
(j) Modification of an annual pier use permit
under (h) above shall not result in modification of a berthing permit issued in
conjunction with the annual pier use permit.
A berthing permit shall be modified in accordance with Pda 606.07.
(k) In order to maintain updated information with
the division, each permit holder shall notify the division in writing, within
30 days of the change, of any changes to information required pursuant to Pda
609.01(b)(1)-(10).
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 604.03 Granting of
Business-Use Pier Vehicle Stickers; Duration and Transferability.
(a) Business-use pier vehicle
stickers shall be issued without an additional fee to:
(1)
The holder of an annual pier use permit for a commercial fishing vessel,
commercial cargo vessel, or charter boat, for:
a.
A vehicle owned or leased by the permit holder; and
b.
Up to 10 vehicles of vessel crew members or employees, as needed; and
(2)
The holder of an annual pier use permit for an off-site business, for
vehicle(s) owned or leased by the permit holder or by an employee of the permit
holder and used for the business purposes for which the pier use permit was
issued.
(b) A business-use pier vehicle
sticker shall be valid for the same period of time as the permit in conjunction
with which it is issued.
(c) Business-use pier vehicle
stickers shall not be transferable.
(d) If a vehicle for which a
business-use pier vehicle sticker was issued is replaced during the term of a
permit, the division shall, upon written request of the permit holder and
provision of the following information and documentation relating to the
replacement vehicle, issue a replacement sticker:
(1)
The name and address of the vehicle operator;
(2)
The registration number of the vehicle; and
(3)
A photocopy of the current state vehicle registration for the vehicle.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 604.04 Granting of Skiff Permits; Duration and
Transferability.
(a) The division director or designee shall grant
skiff permits pursuant to Pda 606.02.
(b) The holder of a mooring permit for a mooring
located in Portsmouth Harbor, Rye Harbor, or Hampton Harbor shall be permitted
to apply for a skiff permit for a skiff dock located at a state-owned commercial
pier in the same harbor where the mooring is located.
(c) Any person listed under (b) above may make
application for a skiff permit by:
(1) Submitting a completed
application form as described in Pda 609.02 to the division; and
(2) Paying the skiff permit
fee.
(d) A skiff permit shall allow the permit holder
to secure a skiff at the skiff dock designated on the skiff permit, on a
first-come, first-served, space available basis.
(e) A skiff permit shall be valid for the same
period of time as the permit in conjunction with which it is issued under (b)
above.
(f) Skiff permits shall not be transferable.
(g) In order to maintain updated information with
the division, each permit holder shall notify the division in writing, within
30 days of the change, of any changes to information required in Pda
609.02(b)(1)-(3).
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 604.05 Granting of Single-Use Pier Permits;
Duration and Transferability.
(a) The division director or designee shall grant
single-use pier permits only for transient commercial fishing vessels on a
space available basis pursuant to Pda 606.03.
(b) The owner or operator of a transient
commercial fishing vessel shall be permitted to apply for a single-use pier
permit.
(c) A single-use pier permit shall allow the
transient commercial fishing vessel to be secured to the business-use pier
specified in the permit and to use division hoists on the pier, subject to the
restrictions in Pda 603.
(d) A single-use pier permit
shall be valid for a one-time use of the pier for the period of time needed to
load or off load marine species, provided that the time period shall not exceed
12 hours. The permit may be renewed on a daily basis, subject to the payment of
the required permit fee.
(e) A single-use pier permit
shall not be transferable.
(f) Any person who qualifies for
a single-use pier permit may make application for a permit by:
(1)
Submitting an application as described in Pda 606.03 to the division;
and
(2)
Paying the single-use pier permit fee.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13;
ss by #13806, eff 11-17-23
Pda 604.06 Granting of Annual
Berthing Permits; Duration and Transferability.
(a) The division director or
designee shall grant annual berthing permits for the Portsmouth pier berthing
area pursuant to Pda 606.04.
(b) Only the owner or operator of
a commercial fishing vessel who has obtained an annual pier use permit shall be
permitted to apply for an annual berthing permit.
(c) Any person eligible under (b)
above may make application for an annual berthing permit by:
(1)
Submitting a completed application form as described in Pda 609.04 to
the division; and
(2)
Paying the annual berthing permit fee.
(d) An annual berthing permit
shall allow a commercial fishing vessel to be secured, unattended, and for any
length of time during the permit term, in the Portsmouth pier berthing area at
a location designated by the division in accordance with the LOA, width and
draft of the vessel, and the potential for storms, wind, waves, tides,
currents, and wash at the berthing location.
(e) The holder of an annual
berthing permit shall be billed by the division for each quarterly period from
January 1 to March 31, April 1 to June 30, July 1 to September 30, and October
1 to December 31.
(f) Annual berthing permits shall
not be transferable.
(g) In order to maintain updated
information with the division, each permit holder shall notify the division in
writing, within 30 days of the change, of any changes to information required
pursuant to Pda 609.04(b)(1)-(6).
(h) Modification of an annual
berthing permit shall be in accordance with Pda 606.07.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 604.07 Granting of
Overnight Recreational-Use Pier Berthing Permits; Duration and Transferability.
(a) The division director or designee shall grant
overnight berthing permits for a recreational-use pier berthing area pursuant
to Pda 606.08.
(b) An overnight berthing permit shall allow a
vessel to be berthed from 6:00 p.m. of one day to 6:00 p.m. of the following
day.
(c) Any person may make application for an overnight berthing permit by:
(1)
Submitting a completed application form as described in Pda 609.05 to
the division; and
(2)
Paying the overnight berthing permit fee.
(d) An overnight berthing permit
shall allow a vessel to be secured and attended overnight in the
recreational-use pier berthing area at a location designated by the division in
the accordance with the LOA, width and draft of the vessel, and the potential
for storms, wind, waves, tides, currents, and wash at the berthing location.
(e) An overnight berthing permit
shall only be valid from 6:00 p.m. of
one day to 6:00 p.m. of the following day.
(f) Overnight berthing permits
shall not be transferable.
Source.
#10441, eff 11-1-13; ss by #13806, eff 11-17-23
Pda 604.08 Daily Parking at
Hampton Harbor and Rye Harbor; Trailer Parking and Boat Launching.
(a) Upon receipt of payment of
the appropriate fee, established under Pda 610, and on a space available basis,
the division shall issue, unless such issuance is prohibited by Pda 607.03, a
daily parking ticket for:
(1)
Vehicle only;
(2)
Combination vehicle and trailer or;
(3) Buses carrying groups visiting a
business that holds a pier use permit such as a whale watch operation,
transportation service, or a charter boat.
(b) Daily parking shall only be
available at state-owned commercial piers and associated facilities located in
Hampton Harbor and Rye Harbor.
(c) A daily parking ticket shall
allow the holder to park one vehicle on the day of purchase at the location
where the ticket was purchased.
(d) Daily parking tickets are
nontransferable and expire 30-minutes after the business or event
the daily parking ticket holder was engaged in ends.
(e) A daily combination parking
ticket shall allow the holder to park one vehicle and one trailer in the
general use parking area at Rye Harbor or Hampton Harbor on the day of purchase
at the location where the ticket was purchased.
The ticket holder shall also be allowed to launch and recover a boat at
the boat launch area associated with that location.
(f) Daily combination parking
tickets are nontransferable and expire 30-minutes after the business or event the daily combination parking ticket holder was
engaged in ends.
(g) Daily bus parking tickets
shall allow the holder to park one bus in the general use parking area at Rye
Harbor or Hampton Harbor on the day of purchase at the location where the
ticket was purchased.
(h) Daily bus parking tickets are
nontransferable and expire 30-minutes after the business or event
the daily bus parking ticket holder was engaged in ends.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13 (from Pda 604.07); ss by
#13806, eff 11-17-23
Pda 604.09 Duration, Transferability, and Validity of
Daily Seasonal Parking Permits at Hampton Harbor and Rye Harbor.
(a) The division director or
designee shall grant daily seasonal parking permits and stickers for Hampton
Harbor and Rye Harbor pursuant to Pda 606.09.
(b) A daily seasonal vehicle only
parking permit shall allow the holder to park one vehicle in a general use
parking area at the state-owned commercial pier and associated facilities
specified in the permit between sunrise and 11:59 p.m. on any day during the
season on a space available basis.
(c) A daily seasonal combination
parking permit shall allow the holder to park one vehicle and one trailer in a
general use parking area on any day during the season between sunrise and 11:59
p.m. at the state-owned commercial pier and associated facilities specified in
the permit on a space available basis.
The permit holder shall also be allowed to launch and recover a vessel between
sunrise and 11:59 p.m. at the boat launch area associated with that location.
(d) Daily seasonal parking
permits, and stickers shall be nontransferable.
Daily seasonal permits and stickers shall be valid only for the single
vehicle specified in the seasonal parking permit application, unless the
division has issued a replacement sticker under (f) below for a replacement
vehicle. Each daily seasonal parking
permit and sticker shall be marked with the vehicle registration number of the
vehicle specified in the daily seasonal parking permit application.
(e) In order to maintain updated
information with the division, each permit holder shall notify the division in
writing, within 30 days of the change, of any changes to information required
pursuant to Pda 609.06 (b)(1)-(6).
(f) If a vehicle for which a
daily seasonal parking sticker was issued is replaced during the term of a
permit, the division shall issue a replacement sticker upon:
(1)
Written request of the permit holder;
(2)
Provision of a copy of the replacement vehicle’s registration; and
(3)
Return of the daily seasonal parking sticker previously issued by the
division.
Source.
#8321, eff 10-1-05; ss by #9048, eff 1-1-08; ss by #10441, eff 11-1-13
(from Pda 604.08); ss by #13806, eff 11-17-23
Pda 604.10 Duration,
Transferability, and Validity of Overnight Parking Permits for General Use Lots.
(a) The division director or
designee shall grant overnight parking permits pursuant to Pda 606.10 on a
space available basis.
(b) Overnight parking permits
shall only be available at the state-owned commercial piers and associated
facilities located in Hampton Harbor and Rye Harbor. Each permit issued shall specify the single
state-owned commercial pier and associated facilities for which the permit is
valid.
(c) Upon receipt of payment of
the appropriate fee, established under Pda 610, and on a space available basis,
the division shall issue a multi-night overnight vehicle only parking permit
allowing the parking of one vehicle from 6:00 p.m. of one day to 6:00 p.m. of
the following day for up to 6 consecutive nights during the season in a general
use parking area at the state-owned commercial pier and associated facilities
specified in the permit. Only one
multi-night permit under this paragraph shall be issued for any one vehicle
during the season. A multi-night
overnight vehicle only parking permit shall be purchased on the day of use or,
if applicable, on the initial day of use
from 2 to 6 consecutive nights.
There shall be no limitation on the number of overnight vehicle only
parking permits purchased for non-consecutive nights.
(d) Upon receipt of payment of
the appropriate fee, established under Pda 610, and on a space available basis,
the division shall issue a multi-night overnight combination parking permit
allowing parking from 6:00 p.m. of one day to 6:00 p.m. of the following day
for up to 6 consecutive nights during the season for a vehicle and trailer,
including the right to launch and recover the vessel from the boat launch
associated with the state-owned commercial pier and associated facilities
specified in the permit. Only one
multi-night overnight permit under this paragraph shall be issued for any one
vehicle and trailer combination during the season. A multi-night overnight
combination parking permit shall be purchased on the day of use, or, if
applicable, on the initial day of use from 2 to 6 consecutive nights. There shall be no limitation on the number of
overnight combination parking permits purchased for non-consecutive nights.
(e) Overnight parking permits
shall be nontransferable. Each overnight
parking permit shall be marked with the vehicle registration number of the
vehicle specified in the overnight parking permit application.
Source.
#8321, eff 10-1-05; amd by #8759, eff 11-18-06; ss by #9048, eff 1-1-08;
ss by #10441, eff 11-1-13 (from Pda 604.09); ss by #13806, eff 11-17-23
Pda 604.11 Duration,
Transferability, and Validity of Seasonal Overnight Parking Permits for
Seasonal Overnight Parking at Hampton Harbor and Rye Harbor.
(a) The division director or
designee shall grant seasonal overnight parking permits and stickers for
Hampton Harbor and Rye Harbor pursuant to Pda 606.11.
(b) A seasonal overnight vehicle
only parking permit shall allow the holder to park one vehicle for any period
of time at any time during the season, on a space available basis, in the
Hampton Harbor or Rye Harbor general use parking area.
(c) Seasonal overnight parking
permits and stickers shall be nontransferable. Seasonal overnight parking
permits and stickers shall be valid only for the single vehicle specified in
the seasonal overnight permit application, unless the division has issued a
replacement sticker under (e) below for a replacement vehicle. Each seasonal overnight parking permit and
sticker shall be marked with the vehicle registration number of the vehicle
specified in the seasonal overnight parking permit application.
(d) In order to maintain updated
information with the division, each permit holder shall notify the division in
writing, within 30 days of the change, of any changes to information required
pursuant to Pda 609.10(b)(1)-(6).
(e) If a vehicle for which a
seasonal overnight parking sticker was issued is replaced during the term of a
permit, the division shall issue a replacement sticker upon:
(1)
Written request of the permit holder;
(2)
Provision of a copy of the replacement vehicle’s registration; and
(3)
Return of the seasonal overnight parking sticker previously issued by
the division.
Source.
#9048, eff 1-1-08; ss by #10441, eff 11-1-13 (from Pda 604.10); ss by
#13806, eff 11-17-23
PART Pda 605 WAIT LISTS
Pda 605.01 Wait List
Applications for Vessel Storage or Annual Berthing Permits.
(a) The division shall establish
and maintain wait lists in accordance with (b) and (c) below for:
(1)
Any area at a state-owned commercial pier or associated facilities
designated by the division for vessel storage when the division determines that
the storage area is at capacity; or
(2)
Annual berthing permits for the Portsmouth business-use pier, when the
division determines that the Portsmouth business-use pier is at capacity for
annual berthing permits.
(b) A person seeking to be placed
on a vessel storage wait list shall obtain a
“Vessel Storage Wait List Application" form:
(1)
In person, from the:
a.
Division office located at 555 Market Street, Portsmouth, New Hampshire,
03801;
b.
Rye Harbor Marine Facility, 1870 Ocean Blvd., Rye, New Hampshire, 03870;
or
c.
Harbor Marine Facility, 1 Ocean Blvd., Hampton, New Hampshire, 03842; 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
(c) A person seeking to be placed
on an annual berthing permit wait list shall obtain an “Annual Berthing Permit Wait List Application”
form:
(1)
In person, from the:
a.
Division office located at 555 Market Street, Portsmouth, New Hampshire,
03801; or
b.
Rye Harbor Marine Facility, 1870 Ocean Blvd., Rye, New Hampshire, 03870;
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
(d) The applicant shall provide
the information required on the wait list application form, as provided in Pda
609.08 or Pda 609.09.
(e) The applicant shall attach to
the application the vessel storage wait list fee or annual berthing permit wait
list 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.”
Source.
#8321, eff 10-1-05, ss by #10441, eff 11-1-13;
ss by #13806, eff 11-17-23
Pda 605.02 Placement on Wait
Lists.
(a) The division shall place the
applicant’s name on the wait list for:
(1)
Vessel storage at the storage area that the applicant has indicated on
the wait list application, if the applicant has paid the vessel storage wait
list fee(s); or
(2)
An annual berthing permit at the Portsmouth business-use pier, if the
applicant has paid the annual berthing permit wait list fee.
(b) No wait list applicant shall
be listed more than once on a vessel storage or annual berthing permit wait
list.
(c) The applicant’s position on
the wait list shall be determined by the date and time a completed wait list
application is received by the division, with the earliest received application
being placed higher on the list for the requested storage area or for berthing
at the Portsmouth business-use pier.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 605.03 Wait List Procedures.
(a) For purposes of this section,
“written notice” means notice sent by certified mail.
(b) The following procedures
shall apply to the vessel storage wait list(s):
(1)
The division shall maintain separate vessel storage wait lists for
summer storage and winter storage for each storage area. Summer storage shall last from May 1 to
October 31, and winter storage shall last from November 1 to April 30;
(2)
When a vessel storage location becomes available at a storage area, the
division director or designee shall send written notice to the first 5 persons
on the wait list for that storage area that a vessel storage location(s) might
be available. Each person contacted
shall indicate their interest in entering into a storage agreement with the
division within 10 days of the receipt of written notice by the division. If the number of storage location(s)
available exceeds the number of persons expressing an interest in a storage
location, the division director or designee shall send written notice to the
next 5 persons in order of priority on the wait list. For purposes of this paragraph, wait lists shall
be divided into groups of 5 according to placement on the wait list, and
mailings shall be sent out in groups of 5, or, if there are fewer than 5
persons in a group, to each person in the group;
(3)
The division director or designee shall notify the person highest on the
wait list contacted under (2) above who expressed a timely interest in entering
into a storage agreement with the division.
If that person does not enter into a storage agreement with the division
within 10 days following notification by the division under this subparagraph,
the division director or designee shall follow the procedures in (2) above and
send written notice to persons on the wait list in order of priority; and
(4)
Any person on a vessel storage wait list offered an opportunity to enter
into a storage agreement with the division, and who does not enter into such an
agreement within 10 days as provided in (3) above, shall not be offered a
second opportunity to enter into an agreement with the division for 180 days
from the date of expiration of the 10-day period. Although the division director or designee
shall not offer the wait list applicant an opportunity to enter into a storage
agreement during this 180-day period, the wait list applicant shall retain
their position on the applicable wait list.
If a wait list applicant refuses a second opportunity to enter into a
storage agreement for the requested storage area, the wait list applicant shall
be removed from the wait list.
(c) The following procedures shall
apply to the annual berthing permit wait list:
(1)
When a berthing location becomes available at the Portsmouth
business-use pier, the division director or designee shall send written notice
to the first 5 persons on the annual berthing permit wait list that a berthing
location(s) might be available. Each
person contacted shall indicate their interest in obtaining an annual berthing
permit within 10 days of the receipt of written notice by the division. If the number of berths available exceeds the
number of persons expressing an interest in a berthing permit, the division
director or designee shall send written notice to the next 5 persons in order
of priority on the wait list. For
purposes of this paragraph, wait lists shall be divided into groups of 5 according
to placement on the wait list, and mailings shall be sent out in groups of 5,
or, if there are fewer than 5 persons in a group, to each person in the group;
(2)
The division director or designee shall notify the person highest on the
wait list contacted under (1) above who expressed a timely interest in
obtaining an annual berthing permit that the person may file an annual berthing
application for the available berthing location. The person shall complete an initial annual
berthing permit application within 10 days of notification;
(3)
The division director or designee shall review and process the
application in accordance with Pda 606 and Pda 607; and
(4)
Any person on an annual berthing permit wait list offered an opportunity
to apply for an annual berthing permit pursuant to this section, and who
refuses the opportunity, shall not be offered a second opportunity to obtain a
berthing permit for 180 days from the date of refusal. Although the division director or designee
shall not offer the berthing permit wait list applicant an opportunity to apply
for a berthing permit during this 180-day period, the berthing permit wait list
applicant shall retain their position on the berthing permit wait list. If a berthing permit wait list applicant
refuses a second opportunity to obtain a berthing permit, the berthing permit
wait list applicant shall be removed from the wait list.
(d) A person’s name on a vessel
storage wait list or annual berthing permit wait list shall be removed from the
list:
(1)
When the wait list applicant, in writing, requests the division to
remove their name from the list;
(2)
When a vessel storage wait list applicant enters into a storage
agreement with the division;
(3)
When an annual berthing permit wait list applicant is granted an annual
berthing permit;
(4)
If the wait list applicant fails to submit a completed wait list
reapplication and wait list fee or late fee in accordance with Pda 605.04 on or
before the deadline specified in Pda 605.04; or
(5)
If a vessel storage wait list or annual berthing permit wait list
applicant refuses 2 opportunities to obtain a vessel storage or an annual
berthing permit in accordance with (b)(4) or (c)(4) above.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 605.04 Wait List
Reapplications.
(a) An applicant who seeks to
remain on a wait list(s) shall reapply annually by March 1 of each year by
submitting a wait list application in accordance with Pda 605.01 and payment of
the wait list fee, or within 10 business days after March 1 by submitting a
wait list application in accordance with Pda 605.01 and payment of the wait
list late fee.
(b) The division shall mail a
wait list application form once annually on or before January 15 to each
applicant on a wait list, to the address specified by the applicant on the wait
list application, or, if none is specified, to the applicant’s permanent
address.
(c) If an undeliverable wait list
application form is returned to the division, the division shall not re-mail
the form. The wait list applicant shall be responsible for timely reapplication
without receipt of a reapplication notice from the division.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 605.05 Notification of
Changes in Wait List Information. In
order to maintain updated information with the division, any person on a wait
list shall notify the division in writing, within 30 days of the change, of any
change of address or telephone number.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13;
ss by #13806, eff 11-17-23
Pda
605.06 - RESERVED
Source.
#8321, eff 10-1-05; rpld by #10441, eff
11-1-13
PART Pda 606 PERMIT APPLICATIONS; PROCESSING OF
APPLICATIONS
Pda 606.01 Annual Pier Use
Permit; Application Requirements; Processing.
(a) An applicant for an annual
pier use permit shall:
(1)
Obtain an “Annual Pier Use
Application and Permit” form:
a.
In person, from the:
1.
Division office located at 555 Market Street, Portsmouth, New Hampshire,
03801;
2.
Rye Harbor Marine Facility, 1870 Ocean Blvd., Rye, New Hampshire, 03870;
or
3. Hampton Harbor Marine Facility, 1 Ocean
Blvd., Hampton, New Hampshire,
03842; 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 required on the annual pier use application
form, as provided in Pda 609.01(b), (d), and (e); and
(3)
Attach to the application the following:
a.
If the vessel described on the application is a commercial fishing
vessel, a photocopy of:
1.
The applicant’s New Hampshire or other state registration for a
commercial vessel;
2.
The New Hampshire fish and game department saltwater fishing license or
New Hampshire fish and game department commercial lobster license, if any, of
the applicant, or, if the applicant is a business entity, of at least one
officer or one member of the business entity; and
3. The applicant’s New Hampshire marine species
wholesale license, if applicable;
b.
If the vessel described on the application is a commercial cargo vessel,
a photocopy of the applicant’s New Hampshire or other state registration for a
commercial vessel;
c.
If the vessel described on the application is a charter boat, a
photocopy of the vessel’s New Hampshire or other state registration and U.S.
Coast Guard merchant mariner’s license for the operator;
d.
If the applicant seeks to obtain a business-use pier vehicle sticker(s),
a photocopy of the vehicle registration for each vehicle;
e. A
completed “Annual Hoist Safety Acknowledgement Sheet”, revised January 2024,
submitted to the Division, with the applicant’s signature acknowledging the
following:
“I have read and
understand the OPERATING AND SAFETY INSTRUCTIONS as listed above,
and agree to exercise all caution and safety practices when operating the
electric change/line hoists or any hoist at the commercial pier under the
management of the Division of Ports and Harbors (Port Authority) and failure to
comply with the OPERATING AND SAFETY INSTRUCTIONS may result in
revocation of permits.”; and
f.
Payment of the annual pier use 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) The applicant or the
applicant’s duly authorized officer or member shall sign the application.
(c) Upon receipt of the
application form by the division, the division director or designee shall
verify that:
(1)
The applicant has provided all applicable information and documentation
required under Pda 609.01;
(2)
The application has attached the documentation required under (a)(3)
above;
(3) The vessel information on the New
Hampshire or other state registration or federal documentation is the same
vessel information provided on the application;
(4)
The annual pier use permit fee is paid, provided that the 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;
(5)
There is no reason to deny the application under Pda 607.02; and
(6)
The applicant has signed the application.
(d) Within 30 days of receipt of
the application by the division, the division director or designee shall grant
or deny the application consistent with the provisions of Pda 607.
(e) If the applicant is granted
an annual pier use permit under Pda 607, the division director or designee
shall:
(1)
Issue an annual pier use permit to the applicant;
(2)
Issue a vehicle sticker(s), if requested under Pda 604.03(a);
(3)
Sign and date the permit(s); and
(4)
Mail a photocopy of the permit(s) to the applicant at the address
specified by the applicant on the permit application, or, if none is specified,
to the applicant’s permanent address.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 606.02 Skiff Permit; Application Requirements;
Processing.
(a) A holder of a mooring permit for a mooring
located in Portsmouth Harbor, Rye Harbor, or Hampton Harbor who is applying for
a skiff permit for a skiff dock located at a state-owned commercial pier in the
harbor where the mooring is located shall:
(1)
Obtain a “Skiff Application and
Permit” form:
a.
In person, from the:
1.
Division office located at 555 Market Street, Portsmouth, New Hampshire,
03801;
2.
Rye Harbor Marine Facility, 1870 Ocean Blvd., Rye, New Hampshire, 03870;
or
3. Hampton Harbor Marine Facility, 1 Ocean
Blvd., Hampton, New Hampshire, 03842; 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 required on the skiff permit application form,
as provided in Pda 609.02(b); and
(3)
Attach to the application the following:
a.
A photocopy of the mooring permit; and
b.
Payment of the skiff 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) The applicant or the
applicant’s duly authorized officer or member under (a) above shall sign the
application.
(c) Upon receipt of the
application form from an applicant under (a) above by the division, the
division director or designee shall verify that:
(1)
The applicant has provided all applicable information required under Pda
609.02;
(2)
The applicant has attached the documentation required under (a)(3)
above;
(3)
The skiff permit fee is paid, provided that the 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;
(4)
There is no reason to deny the application under Pda 607.02; and
(5)
The applicant has signed the application.
(d) Within 30 days of receipt of
an application under (a) above by the division, the division director or
designee shall grant or deny the application consistent with the provisions of
Pda 607.
(e) If the applicant is granted a
skiff permit under Pda 607, the division director or designee shall:
(1)
Issue a skiff permit and skiff sticker to the applicant;
(2)
Sign and date the permit; and
(3)
Mail a photocopy of the permit to the applicant at the address specified
by the applicant on the permit application, or, if none is specified, to the
applicant’s permanent address.
Source.
#8321, eff 10-1-05; amd by #8759, eff 11-18-06; ss by #10441, eff
11-1-13; ss by #13806, eff 11-17-23
Pda 606.03 Single-Use
Pier Permit; Application Requirements; Processing.
(a) Only the owner or operator of a transient
commercial fishing vessel shall be eligible to apply for a single-use pier
permit.
(b) Prior to or immediately upon securing a
vessel to a business-use pier, an applicant for a single-use pier permit shall
make an oral application by providing the information required in Pda 609.03(a)
to the division either:
(1)
By telephone in accordance with signage posted by the division at
business-use piers that displays the telephone number(s) of the division, or
(2)
In person to the division at the pier.
(c) If the applicant contacts the division by
telephone, the division director or an employee of the division shall allow the
applicant to secure the vessel to the pier after the division director or
employee verifies the accuracy of the information relating to the vessel
operator and vessel provided under (b) above.
(d) Once
the vessel is secured to the pier, the applicant shall:
(1)
Display to the division director or employee of the division:
a.
The applicant’s New Hampshire or other state registration for a
commercial vessel;
b. The New Hampshire fish and game
department saltwater fishing license or New Hampshire fish and game department
commercial lobster license, if any, of the applicant, or, if the applicant is a
business entity, of at least one officer or one member of the business entity;
and
c.
The applicant’s New Hampshire marine species wholesale license, if
applicable;
(2)
Make payment of the single-use pier 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;” and
(3)
Sign the “Single-Use Application and Permit” form.
(e) Upon receipt of a signed
application and tender of the single use pier permit fee, the division director
or employee shall grant or deny the application consistent with the provisions
of Pda 607.
(f) If the applicant is granted a
single-use pier permit under Pda 607, and meets the requirements of (d) above,
the division director or employee shall:
(1)
Enter the time of day and date that the permit was granted on the
permit;
(2)
Sign the permit; and
(3)
Issue a single-use pier permit to the applicant.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 606.04 Annual Berthing
Permit; Application Requirements; Processing.
(a) An applicant for an annual
berthing permit shall:
(1)
Obtain an “Annual Berthing Application and Permit” form:
a.
In person, from the:
1.
Division office located at 555 Market Street, Portsmouth, New Hampshire,
03801; or
2.
Rye Harbor Marine Facility, 1870 Ocean Blvd., Rye, New Hampshire, 03870;
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 required on the annual berthing permit
application form, as provided in Pda 609.04(b); and
(3)
Attach to the application the following:
a.
A copy of the applicant’s annual pier use permit;
b.
Payment of the annual berthing 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) The applicant or the
applicant’s duly authorized officer or member shall sign the application.
(c) Upon receipt of the
application form by the division, the division director or designee shall
verify that:
(1)
The applicant has provided all applicable information and documentation
required under Pda 609.04;
(2)
The applicant has attached the documentation required under (a)(3)
above;
(3) The vessel information on the New
Hampshire or other state registration or federal documentation is the same
vessel information provided on the application;
(4)
The annual berthing permit fee is paid, provided that the 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;
(5)
A berth is available at the Portsmouth pier berthing area;
(6)
There is no reason to deny the application under Pda 607.02; and
(7)
The applicant has signed the application.
(d) Within 30 days of receipt of
the application by the division, the division director or designee shall grant
or deny the application consistent with the provisions of Pda 607.
(e) If the applicant is granted
an annual berthing permit under Pda 607, the division director or designee
shall:
(1)
Issue an annual berthing permit to the applicant;
(2)
Sign and date the permit(s); and
(3)
Mail a photocopy of the permit(s) to the applicant at the address
specified by the applicant on the permit application, or, if none is specified,
to the applicant’s permanent address.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 606.05 Annual Berthing
Permit Initial Applications; When Fee Returned. Any person holding a pier use permit and
seeking an annual berthing permit shall submit a completed initial annual
berthing permit application form in accordance with Pda 606.04. If the division determines that there are no
berthing locations available, the division shall return the applicant’s initial
application form and annual berthing permit application fee, and the applicant
may file an annual berthing permit wait list application in accordance with Pda
605.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 606.06 Annual
Berthing Permit Applications for Holders of Permits for Berths.
(a) No later than 21 days before
the expiration of an annual berthing permit, the division shall mail annual
berthing permit applications to current annual berthing 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
annual berthing permit then in effect, or, if none is specified, to the permit
holder’s permanent address.
(c) Any applicant filing an
annual berthing permit application in accordance with this section shall return
a completed application with the required information, documentation, and
permit fee to the division’s office no later than 14 days before expiration of
the permit then in effect. 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 607, unless the applicant files a completed
application with the required information, documentation, permit fee, and late
application fee within 10 business days after the date on which the permit
application was due. An applicant who
fails to comply with the regular deadline or the late application deadline
shall not submit an application under this section, but may make an application
pursuant to Pda 606.04, including possible placement on a wait list under Pda
605.
(d) Failure to meet the late
application deadline, including submission of all materials as specified in (c)
above, shall result in denial of the application in accordance with Pda 607.02.
(e) If an application is in
compliance with Pda 606.04 and the division grants a permit under Pda 607, the
division shall mail, by first class mail, a photocopy of the permit to the
annual berthing permit applicant within 10 business days of permit
issuance. The mailing shall be sent to
the annual berthing permit applicant at the address specified by the applicant
on the annual berthing permit application, or, if none is specified, to the
applicant’s permanent address.
Source. #8321, eff
10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff 11-17-23
Pda 606.07 Annual Berthing
Permit Application; Alteration of Information Relating to Vessel Prohibited;
Modification of Permit; Correction of Certain Incorrect Pre-entered Information.
(a) When a current annual
berthing permit holder makes an application for an annual berthing permit
pursuant to Pda 606.06, 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 follow the procedures in (b) below.
(b) An annual berthing permit
shall be modified by substitution of a modified or replacement vessel for the
vessel identified in the permit if the following conditions are met:
(1)
The permit holder provides to the division, at least 10 days before
berthing a modified or replacement vessel in the location assigned under the
berthing permit:
a.
Written notice of any changes to vessel information under Pda
609.04(b)(7); and
b.
If there is a new registration for the vessel, a copy of such
registration;
(2)
The division director or designee determines that the berth assigned in
the berthing permit can accommodate the modified or replacement vessel; and
(3)
The permit holder pays to the division an amount equal to the difference
in the amount, if any, that the permit fee for the modified permit would exceed
the permit fee paid for the original permit.
(c) The expiration date of a
permit modified under (b) above shall be the same as the originally issued
permit.
(d) If any pre-entered
information as specified in (e) 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 606.06.
All applications pursuant to Pda 606.06 shall be returned to the
division on or before the deadline specified in Pda 606.06.
(e) The applicant shall correct,
on the application form, any pre-entered 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; or
(2)
An applicant’s name, address, business, or contact information as
described in Pda 609.04(b)(1)-(6).
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff 11-17-23
Pda 606.08 Overnight
Recreational-Use Pier Berthing Permit; Application Requirements; Processing.
(a) An applicant for an overnight
recreational-use pier berthing permit shall:
(1)
Obtain an “Overnight Recreational-Use Pier Berthing Application and
Permit” form:
a.
In person, from the:
1.
Division office located at 555 Market Street, Portsmouth, New Hampshire,
03801;
2.
Rye Harbor Marine Facility, 1870 Ocean Blvd., Rye, New Hampshire, 03870;
or
3. Hampton Harbor Marine Facility, 1 Ocean
Blvd., Hampton, New Hampshire, 03842; 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 required on the overnight recreational-use pier
berthing permit application form, as provided in Pda 609.05(b); and
(3)
Attach to the application the following:
a.
A copy of the current New Hampshire or other state registration for the
vessel, unless the vessel is not required to be registered;
b.
A photograph of the vessel, if the vessel is not required to be
registered; and
c.
Payment of the overnight recreational-use pier berthing 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) The applicant or the
applicant’s duly authorized officer or member shall sign the application.
(c) Upon receipt of the
application form by the division, the division director or designee shall
verify that:
(1)
The applicant has provided all applicable information and documentation
required under Pda 609.05;
(2)
The applicant has attached the documentation required under (a)(3)
above;
(3) The vessel information on the New
Hampshire or other state registration or federal documentation is the same
vessel information provided on the application;
(4)
The overnight recreational-use pier berthing permit fee is paid,
provided that the 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;
(5)
A berth is available at the recreational-use pier berthing area;
(6)
There is no reason to deny the application under Pda 607.02; and
(7)
The applicant has signed the application.
(d) If the application is
received during normal business hours, the division director or designee shall
grant or deny the application as expeditiously as possible, not to exceed 24
hours, consistent with the provisions of Pda 607.
(e) If the applicant is granted
an overnight recreational-use pier berthing permit under Pda 607, the division
director or designee shall:
(1)
Issue an overnight recreational-use pier berthing permit to the
applicant, specifying the dates and times for which the permit is valid;
(2)
Sign and date the permit; and
(3)
If the applicant:
a.
Has requested that the permit be mailed, mail a photocopy of the permit
to the applicant at the address specified by the applicant on the permit
application, or, if none is specified, to the applicant’s permanent address; or
b. Is present when the division completes the
processing of the application, deliver the permit to the applicant.
Source.
#10441, eff 11-1-13; ss by #13806,
eff 11-17-23
Pda
606.09 Daily Seasonal Parking Permit;
Application Requirements; Processing.
(a) Daily seasonal parking
permits shall only be available for the state-owned commercial piers and
associated facilities located at Hampton Harbor and Rye Harbor. Each permit issued shall specify the single
state-owned commercial pier and associated facilities for which the permit is
valid.
(b) An applicant for a daily
seasonal parking permit shall:
(1)
Obtain a “Daily Seasonal Parking Permit Application and Permit” form:
a.
In person, from the:
1.
Division office located at 555 Market Street, Portsmouth, New Hampshire,
03801;
2.
Rye Harbor Marine Facility, 1870 Ocean Blvd., Rye, New Hampshire, 03870;
or
3. Hampton Harbor Marine Facility, 1 Ocean
Blvd., Hampton, New Hampshire, 03842; 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 required on the daily seasonal parking permit
application form, as provided in Pda 609.06(b); and
(3)
Attach to the application the following:
a.
A photocopy of the registration of the vehicle for which the applicant
wishes to receive a daily seasonal parking permit; and
b.
Payment of the daily seasonal parking 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.”
(c) Upon receipt of the
application form by the division, the division director or designee shall
verify that:
(1)
The applicant has provided all applicable information and documentation
required under Pda 609.06(b);
(2)
A copy of the current state vehicle registration is attached to the
application for the vehicle for which the applicant wishes to receive a daily
seasonal parking permit;
(3)
The daily seasonal parking permit fee is paid for vehicle only or for
combination vehicle and trailer, provided that the 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;
(4)
There is no reason to deny the application under Pda 607.02; and
(5)
The applicant has signed the application.
(d) Within 30 days of receipt of
the application by the division, the division director or designee shall grant
or deny the application consistent with the provisions of Pda 607.
(e) If the applicant is granted a
daily seasonal parking permit under Pda 607, the division director or designee
shall:
(1)
Issue a daily seasonal parking permit to the applicant specifying the
date(s) of the season for which the permit is valid and marked with the vehicle
registration number of the vehicle identified in the permit application;
(2)
Issue a daily seasonal parking sticker marked with the vehicle
registration number of the vehicle identified in the application;
(3)
Sign and date the permit; and
(4)
If the applicant:
a.
Has requested that the permit be mailed, mail a photocopy of the permit
to the applicant at the address specified by the applicant on the permit
application, or, if none is specified, to the applicant’s permanent address; or
b.
Is present when the division completes the processing of the
application, deliver the permit to the applicant.
Source. #8321, eff
10-1-05; ss by #9048, eff 1-1-08; ss by #10441, eff 11-1-13 (from Pda 606.08);
ss by #13806, eff 11-17-23
Pda 606.10
Overnight Parking Permit; Application Requirements; Processing.
(a) An applicant for an overnight
parking permit shall:
(1)
Obtain an “Overnight Parking Permit Application and Permit” form:
a.
In person, from the:
1.
Division office located at 555 Market Street, Portsmouth, New Hampshire,
03801;
2.
Rye Harbor Marine Facility, 1870 Ocean Blvd., Rye, New Hampshire, 03870;
or
3. Hampton Harbor Marine Facility, 1 Ocean
Blvd., Hampton, New Hampshire, 03842; 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 required on the overnight parking permit
application form, as provided in Pda 609.07(b); and
(3)
Attach to the application the following:
a.
A photocopy of the registration of the vehicle for which the applicant
wishes to receive an overnight parking permit; and
b.
Payment of the overnight parking 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) Upon receipt of the
application form by the division, the division director or designee shall
verify that:
(1)
The applicant has provided all applicable information required under Pda
609.07 (b);
(2)
Space is available in the general use parking area for the type of
permit applied for;
(3)
A copy of the current state vehicle registration is attached to the
application for the vehicle for which the applicant wishes to receive an
overnight parking permit;
(4)
The overnight parking permit fee is paid for vehicle only or for
combination vehicle and trailer, provided that the 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;
(5)
There is no reason to deny the application under Pda 607.02; and
(6)
The applicant has signed the application.
(c) If the application is
received during normal business hours, the division director or designee shall
grant or deny the application as expeditiously as possible, not to exceed 24
hours, consistent with the provisions of Pda 607.
(d) If the applicant is granted an overnight parking permit under Pda
607, the division director or designee shall:
(1)
Issue an overnight parking permit to the applicant, specifying the
date(s) for which the permit is valid;
(2)
Sign and date the permit; and
(3)
If the applicant:
a.
Has requested that the permit be mailed, mail a photocopy of the permit
to the applicant at the address specified by the applicant on the permit
application, or, if none is specified, to the applicant’s permanent address; or
b.
Is present when the division completes the processing of the
application, deliver the permit to the applicant.
Source.
#8321, eff 10-1-05; amd by #9048, eff 1-1-08; ss by #10441, eff 11-1-13
(from Pda 606.09); ss by #13806, eff 11-17-23
Pda 606.11 Seasonal Overnight
Parking Permit; Application Requirements; Processing.
(a) Only the holder of a mooring
permit for a mooring located in Hampton Harbor or Rye Harbor shall be permitted
to apply for a seasonal overnight parking permit at Hampton Harbor or Rye
Harbor.
(b) An applicant for a seasonal
overnight parking permit shall:
(1)
Obtain a “Seasonal Overnight Parking Application and Permit” form:
a.
In person, from the:
1.
Division office located at 555 Market Street, Portsmouth, New Hampshire,
03801;
2.
Rye Harbor Marine Facility, 1870 Ocean Blvd., Rye, New Hampshire, 03870;
or
3. Hampton Harbor Marine Facility, 1 Ocean
Blvd., Hampton, New Hampshire, 03842; 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 required on the seasonal overnight parking
permit application form, as provided in Pda 609.10(b); and
(3)
Attach to the application the following:
a.
A photocopy of the registration of the vehicle for which the applicant
wishes to receive a seasonal overnight parking permit; and
b.
Payment of the seasonal overnight parking 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.”
(c) Upon receipt of the
application form by the division, the division director or designee shall
verify that:
(1)
The applicant has provided all applicable information required under Pda
609.10(b);
(2)
A copy of the current state vehicle registration is attached to the
application for the vehicle for which the applicant wishes to receive a
seasonal overnight parking permit;
(3)
The applicant is the holder of a valid mooring permit for Hampton Harbor
or Rye Harbor;
(4)
The seasonal overnight parking permit fee is paid for vehicle only,
provided that the 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;
(5)
There is no reason to deny the application under Pda 607.02; and
(6)
The applicant has signed the application.
(d) Within 30 days of receipt of
the application by the division, the division director or designee shall grant
or deny the application consistent with the provisions of Pda 607.
(e) If the applicant is granted a
seasonal overnight parking permit under Pda 607, the division director or
designee shall:
(1)
Issue a seasonal overnight parking permit to the applicant, specifying
the date(s) of the season for which the permit is valid and marked with the
vehicle registration number of the vehicle identified in the permit
application;
(2)
Issue a seasonal overnight parking sticker marked with the vehicle
registration number of the vehicle identified in the application;
(3)
Sign and date the permit; and
(4)
If the applicant:
a.
Has requested that the permit be mailed, mail a photocopy of the permit
to the applicant at the address specified by the applicant on the permit
application, or, if none is specified, to the applicant’s permanent address; or
b.
Is present when the division completes the processing of the
application, deliver the permit to the applicant.
Source.
#9048, eff 1-1-08; ss by #10441, eff 11-1-13 (from Pda 606.10); ss by
#13806, eff 11-17-23
PART Pda 607 GRANT OR DENIAL OF PERMIT APPLICATION;
REVOCATIONS; HEARINGS
Pda 607.01 Annual Pier Use
Permit, Skiff Permit, Single-Use Pier Permit, Annual Berthing Permit; Overnight
Recreational-Use Pier Berthing Permit; Daily Seasonal Parking Permit, Overnight
Parking Permit; and Seasonal Overnight Parking Permit. Applications under Pda 606 for annual pier
use permits, skiff permits, single-use pier permits, annual berthing permits,
overnight recreational-use pier berthing permits, daily seasonal parking
permits, overnight parking permits, and seasonal overnight parking permits shall
be granted unless denied by the division in accordance with Pda 607.02.
Source.
#8321, eff 10-1-05; ss by #9048, eff 1-1-08; ss by #10441, eff 11-1-13; ss
by #13806, eff 11-17-23
Pda 607.02 Reasons for Denial
of Application.
(a) The director shall deny a
permit application for an annual pier use permit, skiff permit under Pda
604.04, single-use pier permit, annual berthing permit, overnight recreational-use
pier berthing permit, daily seasonal parking permit, overnight parking permit,
or seasonal overnight parking permit if the applicant:
(1) Is not a qualified
applicant under Pda 604.02(b), Pda 604.04(b), Pda 604.05(b), Pda 604.06(b), or
Pda 606.11(a), as applicable;
(2)
Has not included the required permit fee;
(3)
Has not provided the required information and documentation under Pda
609 for the type of permit applied for;
(4)
Has provided materially false information on the application form or to
a representative of the division, or has provided materially false or invalid
information in any of the documentation required under Pda 606 or Pda 609;
(5)
Has failed to:
a.
Timely pay any fees or other costs due the authority or the division
under RSA 12-G:42-53 or rules adopted thereunder and such fees or other costs
remain due and payable at the time the application is filed;
b.
Timely pay any fines assessed under RSA 12-G:52 or RSA 12-G:52-a and
such fine or fines remain due and payable at the time the application is filed;
or
c.
Obey any lawful order of the division director, the chief harbor master,
the deputy chief harbor master, a harbor master, or an assistant harbor master
and full compliance with such lawful order remains outstanding at the time the
application is filed;
(6)
Has not signed the application; or
(7)
Failed to submit a complete application in accordance with any
application filing deadline established under Pda 606.
(b) The division director shall
deny a permit application for an annual pier use permit, single-use pier
permit, annual berthing permit, or overnight recreational-use pier berthing
permit if the division determines that the vessel cannot be safely secured at
the pier or the berth, taking into consideration the LOA, width, and draft of
the vessel, the strength of the particular pier, and the potential for storms,
wind, waves, tides, currents, and wash at the proposed location.
(c) The division director shall
deny a permit application for an annual berthing permit at the Portsmouth pier
berthing area or an overnight recreational-use pier berthing permit at a
recreational-use pier berthing area if no berth is available to accommodate the
applicant’s vessel.
(d) The division director shall deny a permit
application for a daily seasonal parking permit if, on 2 or more occasions
during 2 out of the 5 immediately preceding seasons, the applicant had a daily
seasonal parking permit or daily seasonal parking sticker revoked for violation
of Pda 604.09(d).
(e) The division director shall deny a permit
application for a seasonal overnight parking permit if the applicant:
(1)
Is not the holder of a valid mooring permit for Hampton Harbor or Rye
Harbor; or
(2)
On 2 or more occasions during 2 out of the 5 immediately preceding
seasons, had a seasonal overnight parking permit or seasonal overnight parking
sticker revoked for violation of Pda 604.11(c).
Source. #8321, eff 10-1-05; ss by #9048, eff 1-1-08;
ss by #10441, eff 11-1-13; ss by #13806, eff 11-17-23
Pda 607.03 Daily and Overnight
Parking Restrictions. Parking at
associated facilities shall be subject to the following restrictions:
(a) Parking shall be available on
a space available basis only in the appropriate parking area(s) of the general
use parking lot;
(b) No overnight parking shall be
allowed that would violate any provision of Pda 604.10;
(c) Parking shall not be
available to any person who has failed to:
(1)
Timely pay any fees or other costs due the authority or the division
under RSA 12-G:42-53 or rules adopted thereunder and such fees or other costs
remain due and payable at the time the purchase is attempted or the application
for a permit is made;
(2)
Timely pay any fines assessed under RSA 12-G:52 or RSA 12-G:52-a and
such fine or fines remain due and payable at the time the purchase is attempted
or the application for a permit is made; or
(3)
Obey any lawful order of the division director, the chief harbor master,
the deputy chief harbor master, a harbor master, or an assistant harbor master
and full compliance with such lawful order remains outstanding at the time the
purchase is attempted or the application for a permit is made.
Source.
#8321, eff 10-1-05; amd by #8759, eff 11-18-06; ss by #10441, eff
11-1-13; ss by #13806, eff 11-17-23
Pda 607.04 Revocation of
Permit.
(a) The director shall revoke an
annual pier use permit, skiff permit, annual berthing permit, recreational-use
pier berthing permit, single-use pier permit, overnight parking permit, daily
seasonal parking permit, or seasonal overnight parking permit for any of the
following reasons, as applicable to the type of permit:
(1) The permit was
transferred in violation of Pda 604.02(g), Pda 604.04(f), Pda 604.05(e), Pda
604.06(f), Pda 604.07(f), Pda 604.08(e), Pda 604.09(d), Pda 604.10(e), or Pda
604.11(c);
(2)
A vehicle sticker was transferred to another person or vehicle in
violation of Pda 604.03(c), 604.09(d), or Pda 604.11(c);
(3)
The applicant has provided materially false information on the
application form or to a representative of the division, or has provided
materially false or invalid information in any of the documentation required
under Pda 609;
(4)
The permit holder’s use of the pier or associated facilities is in
violation of the law, including any rule set forth in Pda 600, presents an
imminent and substantial threat to human health, public safety, or the
environment, or is likely to result in immediate and substantial damage to
division property;
(5)
The permit holder has failed during the term of the permit to:
a.
Timely pay any fees or other costs due the authority or the division
under RSA 12-G:42-53 or rules adopted thereunder and such fees or other costs
remain due and payable for more than 30 days;
b.
Timely pay any fines assessed under RSA 12-G:52 or RSA 12-G:52-a and
such fine(s) remain due and payable for more than 30 days; or
c.
Obey any lawful order of the division director, the chief harbor master,
the deputy chief harbor master, a harbor master, or an assistant harbor master
and full compliance with such lawful order remains outstanding for more than 30
days;
(6)
The permit holder ceases to have any ownership interest in a vessel
identified in the permit holder’s permit;
(7)
The permit holder returned the permit to the division in accordance with
Pda 607.07;
(8)
The permit holder did not provide the written notification to the
division required under Pda 607.07(a);
(9) The permit holder failed to provide
the notifications required by Pda 604.02(k), Pda 604.04(g), Pda 604.06(g), Pda
604.09(e), or Pda 604.11(d), as applicable; or
(10)
Following prior written notification from the division that a sticker is
incorrectly displayed, the permit holder failed to display a parking sticker as
specified in Pda 603.04(h).
(b) The division director shall
provide notice and opportunity for a hearing before revocation of an annual
pier use permit, annual berthing permit, skiff permit, single-use pier permit,
daily seasonal parking permit, overnight parking permit, or seasonal overnight
parking permit.
(c) Revocation of a pier use
permit shall invalidate any annual berthing permit or business-use pier vehicle
stickers issued in connection with the pier use permit.
(d) Revocation of a mooring
permit shall invalidate any skiff permit or seasonal overnight parking permit
issued in connection with the mooring permit.
Source.
#8321, eff 10-1-05; ss by #9048, eff 1-1-08; ss by #10441, eff 11-1-13;
ss by #13806, eff 11-17-23
Pda 607.05 Hearings; Notice of Denial.
(a) Any hearing required pursuant to Pda 607.04
shall be held by the director or designee.
(b) If a permit is denied under Pda 607.02 or
revoked under Pda 607.04(b) after notice and opportunity for a hearing, notice
of the denial or revocation and the reason(s) therefor shall be sent to the
applicant in writing within 10 working days of the decision.
Source.
#8321, eff 10-1-05; amd by #8759, eff 11-18-06; ss by #10441, eff
11-1-13; ss by #13806, eff 11-17-23
Pda 607.06 Removal of Vessel from Berth if Annual
Berthing Permit Revoked. Within 10
days of receipt of a notice of revocation of an annual berthing permit pursuant
to Pda 607.05(b), or, if the applicant or annual berthing permit holder files a
request for reconsideration pursuant to Pda 608, within 10 days of receipt of a
notice of decision under Pda 608.03(b), the vessel for which the annual
berthing permit was issued shall be permanently removed from its berth. If the vessel is not removed by 11:59 p.m. on
the tenth day following the receipt of such notice, a representative of the
division shall arrange for the removal of the vessel from its berth. The owner of the vessel shall be responsible
for any costs incurred by the division in removing the vessel from its berth.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 607.07 Written
Notification and Return of Permit Required in Certain Circumstances.
(a) A permit holder shall provide
written notification to the division within 15 days of the sale or other
disposition of the vessel for which a pier use permit or annual berthing permit
has been issued; or
(b) A person required under (a)
above to provide written notification to the division shall return the permit
to the division within 15 days of the event requiring notification under (a)
above.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
PART Pda 608 RECONSIDERATION
Pda 608.01 Reconsideration;
Who May Petition. Any holder of an
annual pier use permit, skiff permit, single-use pier permit, annual berthing
permit, daily seasonal parking permit, overnight parking permit, or seasonal
overnight parking permit issued under Pda 600 whose permit was revoked by the
division director pursuant to Pda 607.04 and any applicant for an annual pier
use permit, skiff permit, single-use pier permit, annual berthing permit,
overnight recreational-use pier berthing permit, daily seasonal parking permit,
overnight parking permit, or seasonal overnight parking permit whose
application was denied by the division director pursuant to Pda 606.01(d), Pda
606.02(d), Pda 606.03(e), Pda 606.04(d), Pda 606.06(c), Pda 606.08(d), Pda 606.09(d),
Pda 606.10(c), or Pda 606.11(d) may petition the division director for
reconsideration pursuant to Pda 608.
Source.
#8321, eff 10-1-05; ss by #9048, eff 1-1-08; ss by #10441, eff 11-1-13;
ss by #13806, eff 11-17-23
Pda 608.02 Requirements for
Petition for Reconsideration. A
petition for reconsideration shall:
(a) Specify the date of the
challenged decision;
(b) Specify every reason that the
action taken by the division director was unlawful or unreasonable, including
any error of law or error of fact;
(c) Include as an attachment a
copy of the application or request that was denied or failed to receive approval;
and
(d) Include any new or additional
information relevant to the matter proposed for reconsideration.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 608.03 Reconsideration by
Division Director.
(a) A petition for
reconsideration by the division director shall be filed with the division
director within 10 days from receipt of notice of:
(1)
Revocation of a permit pursuant to Pda 607.04; or
(2)
Denial of a permit pursuant to Pda 606.01(d), Pda 606.02(d), Pda
606.03(e), Pda 606.04(d), Pda 606.06(c), Pda 606.08(d), Pda 606.09(d), Pda
606.10(c), Pda 606.11(c), or Pda 606.10(d).
(b) The division director shall
review a petition for reconsideration within 10 days of receipt and notify the
petitioner of their decision on whether to grant or deny the petition within 5
business days of review.
(c) When making a decision on a
petition for reconsideration, the division director shall consider any new or
additional information relevant to the matter under reconsideration that was
not available:
(1)
In a permit denial proceeding, when the application in question was
submitted; or
(2)
In a permit revocation proceeding, when the decision to revoke a permit
was rendered.
(d) The division director shall
grant a petition for reconsideration if the division director finds it more
likely than not that the decision was based on an error of law or fact or
lacked facts that could reasonably sustain the decision.
(e) The division director shall
deny a petition for reconsideration if the petition for reconsideration was not
timely filed in accordance with (a) above, or the division director finds it
more likely than not that the decision was not based on any error of law or
that there were facts reasonably sustaining the decision.
Source.
#8321, eff 10-1-05; amd by #9048, eff 1-1-08; ss by #10441, eff 11-1-13;
ss by #13806, eff 11-17-23
PART Pda 609
FORMS
Pda 609.01 Annual Pier Use
Permit Application Form.
(a) Each person seeking an annual
pier use permit shall complete an
“Annual Pier Use Application and Permit” form provided by the division
and:
(1)
Deliver the completed application to:
a.
The division office located at 555 Market Street, Portsmouth, New
Hampshire, 03801;
b.
The main office of the Rye Harbor Marine Facility, 1870 Ocean Blvd.,
Rye, New Hampshire, 03870; or
c.
The main office of the Hampton Harbor Marine Facility, 1 Ocean Blvd.,
Hampton, New Hampshire, 03842; or
(2)
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 information on the annual pier use permit application form:
(1)
The applicant’s full legal name:
(2)
If the vessel described in the application is a commercial fishing
vessel, the name and address of the applicant's commercial fishing business;
(3)
If the vessel described in the application is a commercial cargo vessel,
the name and address of the applicant’s commercial cargo business;
(4)
If the vessel described in the application is a charter boat, the name
and address of the applicant’s charter boat business;
(5)
If the applicant is an owner or operator of an off-site business, the
reasons the applicant needs to use the facilities of a business-use pier and
which facilities the applicant needs to use;
(6)
The applicant’s mailing address, if different from the permanent
address;
(7)
Which address the applicant requests be used as the correspondence
address by the division, if different from the permanent address;
(8)
The applicant’s type of business organization;
(9)
The applicant’s telephone number(s) including:
a.
Business telephone number;
b.
Home telephone number;
c.
Business fax number, if the applicant has a business fax number;
d.
Emergency telephone number; and
e.
Cell telephone number, if different from permanent telephone number;
(10)
The applicant’s e-mail address, if the applicant has an e-mail address;
and
(11)
The following information pertaining to the vessel, if any:
a.
Vessel name;
b.
New Hampshire or other state registration number;
c.
Federal documentation number, if applicable;
d.
Vessel LOA;
e.
Vessel width;
f.
Vessel draft;
g.
Vessel color; and
h.
Type of vessel.
(12) The location for which the pier use permit is
applied for; and
(13) Whether or not a skiff permit is required.
(c) The applicant shall attach
the documentation required under Pda 606.01(a)(3).
(d) The applicant shall provide
the registration number for each vehicle for which a business-pier vehicle use
sticker is sought as provided in Pda 604.03.
(e) If the application is for the
use of a business-use pier by a vessel, the applicant shall indicate whether or
not the applicant desires a skiff permit.
(f) By their signature, the
applicant shall certify the following:
“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 pier use permit may be
withdrawn by the Pease Development Authority for submitting false statements or
information or omitting required statements or information.”
(g) The applicant shall sign and
date the application.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13;
ss by #13806, eff 11-17-23
Pda 609.02 Skiff Permit
Application Form.
(a) Each person seeking a skiff
permit under Pda 604.04(b) shall complete a “Skiff Application and Permit” form
provided by the division and:
(1)
Deliver the completed application to:
a.
The division office located at 555 Market Street, Portsmouth, New
Hampshire, 03801;
b. The main office of the Rye Harbor
Marine Facility, 1870 Ocean Blvd., Rye, New Hampshire, 03870; or
c.
The main office of the Hampton Harbor Marine Facility, 1 Ocean Blvd.,
Hampton, New Hampshire, 03842; or
(2)
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 information on the skiff permit application form:
(1)
The applicant’s full legal name:
(2)
The applicant’s permanent address;
(3)
The applicant’s telephone number(s) including:
a.
Business telephone number;
b.
Home telephone number;
c.
Cell telephone number, if different from permanent telephone number; and
d.
An emergency contact telephone number.
(4)
The location for which the pier use permit is applied for;
(5)
Which address the applicant requests to be used as the correspondence
address by the division, if different from the permanent address;
(c) The applicant shall attach
the documentation required under Pda 606.02(a)(3).
(d) By their signature, the
applicant shall certify the following:
“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 skiff permit may be
withdrawn by the Pease Development Authority for submitting false statements or
information or omitting required statements or information.”
(e) The applicant shall sign and
date the application.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 609.03 Single-Use Pier
Permit Application Form.
(a) The single-use pier permit
application form shall require the division director or an employee of the
division to enter the following information provided by an applicant under Pda
606.03(b):
(1)
The applicant’s full legal name;
(2)
The applicant’s permanent address;
(3)
The applicant’s telephone number(s) including:
a.
Business telephone number;
b.
Home telephone number;
c.
Cell telephone number, if different from permanent telephone number; and
d.
An emergency contact telephone number;
(4) The
following information pertaining to the vessel and registration and
identification numbers:
a.
Vessel name;
b.
New Hampshire or other state registration number, or federal
documentation number, as applicable;
c.
The identification number(s) for any applicable fishing permits held by
the applicant;
d.
Vessel LOA;
e.
Vessel width;
f.
Vessel draft;
g.
Vessel color; and
h.
Type of vessel; and
(5)
The reason(s) the applicant wishes to use the pier.
(b) The form shall require the
division director or an employee of the division to verify that the applicant
has displayed the documentation required under Pda 606.03(d)(1).
(c) By their signature, the
applicant shall certify the following:
“I certify that the statements and
information in this application are to the best of my knowledge and belief
true, accurate and complete. I am aware
that my pier use permit may be withdrawn by the Pease Development Authority for
submitting false statements or information or omitting required statements or
information.”
(d) The applicant shall sign and
date the application.
Source.
#8321, eff 10-1-05; amd by #8759, eff 11-18-06; ss by #10441, eff
11-1-13; ss by #13806, eff 11-17-23
Pda 609.04 Annual Berthing
Permit Application Form.
(a) Each person seeking an annual
berthing permit shall complete an
“Annual Berthing Application and Permit” form provided by the division
and:
(1)
Deliver the completed application to:
a.
The division office located at 555 Market Street, Portsmouth, New
Hampshire, 03801; or
b.
The main office of the Rye Harbor Marine Facility, 1870 Ocean Blvd.,
Rye, New Hampshire, 03870; or
(2)
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 information on the annual berthing permit application form:
(1)
The applicant’s full legal name:
(2)
The name and address of the applicant's commercial fishing business;
(3)
The applicant’s mailing address, if different from the permanent
address;
(4)
Which address the applicant requests be used as the correspondence
address by the division, if different from the permanent address;
(5)
The applicant’s telephone number(s) including:
a.
Business telephone number;
b.
Home telephone number;
c.
Emergency telephone number; and
d.
Cell telephone number, if different from permanent telephone number;
(6)
The applicant’s e-mail address, if the applicant has an e-mail address;
and
(7)
The following information pertaining to the vessel:
a.
Vessel name;
b.
New Hampshire or other state registration number;
c.
Federal documentation number, if applicable;
d.
Vessel LOA;
e.
Vessel width;
f.
Vessel draft;
g.
Vessel color; and
h.
Type of vessel.
(c) The applicant shall attach
the documentation required under Pda 606.04(a)(3).
(d) By their signature, the
applicant shall certify the following:
“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 annual berthing permit
or my placement on an annual berthing permit wait list may be withdrawn by the
Pease Development Authority for submitting false statements or information or
omitting required statements or information.”
(e) The applicant shall sign and
date the application.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13; ss by #13806, eff
11-17-23
Pda 609.05 Overnight
Recreational-Use Pier Berthing Permit Application Form.
(a) Each person seeking an
overnight recreational-use pier berthing permit shall complete an “Overnight Recreational-Use Pier Berthing
Application and Permit” form provided by the division and:
(1)
Deliver the completed application to:
a.
The division office located at 555 Market Street, Portsmouth, New
Hampshire, 03801;
b.
The main office of the Rye Harbor Marine Facility, 1870 Ocean Blvd.,
Rye, New Hampshire, 03870; or
c.
The main office of the Hampton Harbor Marine Facility, 1 Ocean Blvd.,
Hampton, New Hampshire, 03842; or
(2)
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 information on the overnight recreational-use pier berthing
permit application form:
(1)
The applicant’s full legal name;
(2)
The applicant’s permanent address;
(3)
The applicant’s mailing address, if different from the permanent
address;
(4)
Which address the applicant requests be used as the correspondence
address by the division, if different from the permanent address;
(5)
The applicant’s telephone number(s) including:
a.
Business telephone number;
b.
Home telephone number;
c.
Business fax number, if the applicant has a business fax number;
d.
Emergency telephone number; and
e.
Cell telephone number, if different from permanent telephone number;
(6)
The dates of the overnight for which the overnight recreational-use pier
berthing permit is sought; and
(7) The following information pertaining to the
vessel:
a.
Vessel name;
b.
New Hampshire or other state registration number;
c.
Federal documentation number, if applicable;
d.
Vessel LOA;
e.
Vessel width;
f.
Vessel draft;
g.
Vessel color; and
h.
Type of vessel.
(c) The applicant shall attach to
the application the following:
(1)
A copy of the current New Hampshire or other state registration for the
vessel, unless the vessel is not required to be registered;
(2)
A photograph of the vessel, if the vessel is not required to be
registered; and
(3)
Payment of the overnight recreational-use pier berthing 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) By their signature, the
applicant shall certify the following:
“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 berthing permit may be
withdrawn by the Pease Development Authority for submitting false statements or
information or omitting required statements or information.”
(e) The applicant shall sign and
date the application.
Source.
#10441, eff 11-1-13; ss by #13806, eff 11-17-23
Pda 609.06 Daily Seasonal
Parking Permit Application Form.
(a) Each person seeking a daily
seasonal parking permit shall complete a “Daily Seasonal Parking Application
and Permit” application form provided by the division and:
(1)
Deliver the completed application to:
a.
The division office located at 555 Market Street, Portsmouth, New
Hampshire, 03801;
b.
The main office of the Rye Harbor Marine Facility, 1870 Ocean Blvd.,
Rye, New Hampshire, 03870; or
c.
The main office of the Hampton Harbor Marine Facility, 1 Ocean Blvd.,
Hampton, New Hampshire, 03842; or
(2)
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 information on the daily seasonal parking permit application
form:
(1)
The applicant’s full legal name:
(2)
The applicant’s permanent address;
(3)
The applicant’s mailing address, if different from the permanent
address;
(4)
Which address the applicant requests be used as the correspondence
address by the division, if different from the permanent address;
(5)
The applicant’s telephone number(s) including:
a.
Business telephone number;
b.
Home telephone number;
c.
Business fax number, if the applicant has a business fax number;
d.
Emergency telephone number; and
e.
Cell telephone number, if different from permanent telephone number;
(6)
The applicant’s e-mail address, if the applicant has an e-mail address;
(7)
The state registration number of the vehicle for which the applicant
wishes to receive a daily seasonal parking permit;
(8)
The type of daily seasonal parking permit applied for, which shall be:
a.
Vehicle only; or
b.
Combination; and
(9)
The state-owned commercial pier and associated facilities for which the
daily seasonal permit is requested.
(c) The applicant shall attach:
(1)
A photocopy of the current New Hampshire or other state registration for
the vehicle listed on the permit application; and
(2)
The daily seasonal parking permit fee for vehicle only or for vehicle
and trailer, provided that a check or money order is made payable to “Pease
Development Authority, Division of Ports and Harbors” or “PDA-DPH.”
(d) By their signature, the
applicant shall certify the following:
(1)
“I hereby certify that I either own or lease the vehicle described in
this application;” and
(2)
“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 daily seasonal parking permit may be withdrawn by the Pease
Development Authority for submitting false statements or information or
omitting required statements or information.”
(e) The applicant shall sign and
date the application.
Source.
#8321, eff 10-1-05; ss by #9048, eff 1-1-08; ss by #10441, eff 11-1-13
(from Pda 609.05); ss by #13806, eff 11-17-23
Pda 609.07 Overnight Parking
Permit Application Form.
(a) Each person seeking an
overnight parking permit shall complete an
“Overnight Parking Application and Permit” form provided by the division
and:
(1)
Mail the completed application to:
Pease Development Authority
Division of Ports and Harbors
555 Market Street
Portsmouth, NH 03801; or
(2)
Deliver the completed application to:
a.
The division office located at 555 Market Street, Portsmouth, New
Hampshire, 03801;
b. The main office of the Rye Harbor
Marine Facility, 1870 Ocean Blvd., Rye, New Hampshire, 03870; or
c.
The main office of the Hampton Harbor Marine Facility, 1 Ocean Blvd.,
Hampton, New Hampshire, 03842.
(b) The applicant shall provide
the following information on the overnight parking permit application form:
(1)
The applicant’s full legal name;
(2)
The applicant’s permanent address;
(3)
The applicant’s mailing address, if different from the permanent
address;
(4)
Which address the applicant requests be used as the correspondence
address by the division, if different from the permanent address;
(5)
The applicant’s telephone number(s) including:
a.
Business telephone number;
b.
Home telephone number;
c.
Business fax number, if the applicant has a business fax number;
d.
Emergency telephone number; and
e.
Cell telephone number, if different from permanent telephone number;
(6)
The type of overnight parking permit applied for, which shall be:
a.
Vehicle only; or
b.
Combination vehicle and trailer;
(7)
The state registration number of the vehicle for which the applicant
wishes to receive an overnight parking permit; and
(8)
The dates for which the overnight parking permit is sought.
(c) The applicant shall attach:
(1)
A photocopy of the valid state registration for the vehicle listed on
the permit application; and
(2)
The overnight parking permit fee, provided that a check or money order
is made payable to “Pease Development Authority, Division of Ports and Harbors”
or “PDA-DPH.”
(d) By their signature, the
applicant shall certify the following:
(1)
“I hereby certify that I either own or lease the vehicle described in
this application;” and
(2)
“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 overnight parking permit may be withdrawn by the Pease
Development Authority for submitting false statements or information or
omitting required statements or information.”
(e) The applicant shall sign and
date the application.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13 (from Pda 609.06); ss by
#13806, eff 11-17-23
Pda 609.08 Vessel Storage Wait
List Application Form.
(a) Each person seeking to be
placed on the division’s summer or winter vessel storage wait list shall
complete a “Vessel Storage Waitlist Application” form provided by the division
and:
(1)
Deliver the completed application to:
a.
The division office located at 555 Market Street, Portsmouth, New
Hampshire, 03801;
b. The main office of the Rye Harbor
Marine Facility, 1870 Ocean Blvd., Rye, New Hampshire, 03870; or
c.
The main office of the Hampton Harbor Marine Facility, 1 Ocean Blvd.,
Hampton, New Hampshire, 03842; or
(2)
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 information on the vessel storage wait list application form:
(1)
The applicant's full legal name;
(2)
The applicant’s permanent or home address;
(3)
The applicant’s permanent or home telephone number;
(4)
Type of vessel for which storage is sought, indicating sail or power;
(5)
The LOA, width, and draft of the vessel;
(6)
Whether the applicant is applying for summer storage, winter storage, or
both; and
(7)
The desired vessel storage location(s).
(c) The applicant shall attach:
(1)
A copy of the current New Hampshire or other state registration for the
vessel, unless the vessel is not required to be registered;
(2)
A photograph of the vessel, if the vessel is not required to be
registered; and
(3)
The vessel storage wait list 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 sign and
date the application.
Source.
#8321, eff 10-1-05; amd by #8759, eff 11-18-06; ss by #10441, eff
11-1-13 (from Pda 609.07); ss by #13806, eff 11-17-23
Pda 609.09 Annual Berthing
Permit Wait List Application Form.
(a) Each person seeking to be
placed on the division’s annual berthing permit wait list shall complete
an “Annual Berthing Permit Wait List
Application” form provided by the division and:
(1)
Deliver the completed application to:
a.
The division office located at 555 Market Street, Portsmouth, New
Hampshire, 03801; or
b. The main office of the Rye Harbor
Marine Facility, 1870 Ocean Blvd., Rye, New Hampshire, 03870; or
(2)
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 information on the wait list application form:
(1)
The applicant's full legal name;
(2)
The applicant’s permanent or home address;
(3)
The applicant’s permanent or home telephone number;
(4)
The type of vessel for which an annual berthing permit is sought,
indicating sail or power; and
(5)
The LOA, width, and draft of the vessel.
(c) The applicant shall attach:
(1)
A copy of the current New Hampshire or other state registration for the
vessel, unless the vessel is not required to be registered;
(2)
A photograph of the vessel, if the vessel is not required to be
registered; and
(3)
The annual berthing permit wait list 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 sign and
date the application.
Source.
#8321, eff 10-1-05; ss by #10441, eff 11-1-13 (from Pda 609.08); ss by
#13806, eff 11-17-23
Pda 609.10 Seasonal Overnight
Parking Permit Application Form.
(a) Each person seeking a
seasonal overnight parking permit shall complete a “Seasonal Overnight Parking Application and
Permit” form provided by the division and:
(1)
Mail the completed application to:
Pease Development Authority
Division of Ports and Harbors
555 Market Street
Portsmouth, NH 03801; or
(2)
Deliver the completed application to:
a.
The division office located at 555 Market Street, Portsmouth, New
Hampshire, 03801;
b. The main office of the Rye Harbor
Marine Facility, 1870 Ocean Blvd., Rye, New Hampshire, 03870; or
c.
The main office of the Hampton Harbor Marine Facility, 1 Ocean Blvd.,
Hampton, New Hampshire, 03842.
(b) The applicant shall provide
the following information on the seasonal overnight parking permit application
form:
(1)
The applicant’s full legal name;
(2)
The applicant’s permanent address;
(3)
The applicant’s mailing address, if different from the permanent
address;
(4)
Which address the applicant requests be used as the correspondence
address by the division, if different from the permanent address;
(5)
The applicant’s telephone number(s) including:
a.
Business telephone number;
b.
Home telephone number;
c.
Business fax number, if the applicant has a business fax number;
d.
Emergency telephone number; and
e.
Cell telephone number, if different from permanent telephone number;
(6)
The applicant’s e-mail address, if the applicant has an e-mail address;
(7)
The state registration number of the vehicle for which the applicant
wishes to receive a seasonal overnight parking permit; and
(c) The applicant shall attach:
(1)
A photocopy of the valid state registration for the vehicle listed on
the permit application; and
(2)
The seasonal overnight parking permit fee for vehicle only, provided
that a check or money order is made payable to “Pease Development Authority,
Division of Ports and Harbors” or “PDA-DPH.”
(d) By their signature, the
applicant shall certify the following:
(1)
“I hereby certify that I either own or lease the vehicle described in
this application;” and
(2)
“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 seasonal overnight parking permit may be withdrawn by the Pease
Development Authority for submitting false statements or information or
omitting required statements or information.”
(e) The applicant shall sign and
date the application.
Source.
#9048, eff 1-1-08; ss by #10441, eff 11-1-13; ss by #13806, eff 11-17-23
PART
Pda 610 PERMIT FEES
REVISION NOTE:
Pda 610,
including the schedule of fees in Pda 610.02, adopted by the Pease Development
Authority, are exempt from RSA 541-A pursuant to RSA 541-A:21, I(n) and RSA
12-G:53, III and IV. See RSA 12-G:53, III and RSA 541-A:21, I(n) for the
extent of the Authority’s exemption from RSA 541-A. However, as noted below, Document #13806,
effective November 17, 2023, which readopted with amendment Chapter Pda 600,
was a regular rule subject to RSA 541-A.
Document
#8322, effective April 8, 2005, contained Part Pda 610 except for the schedule
of fees at the end of Pda 610.02. This schedule of fees first became
effective on October 7, 2005. Effective March 8, 2006, the schedule was
amended to add the Vessel Storage Wait List Fee, the Vessel Storage Wait List
Renewal Fee, and the Vessel Storage Wait List Renewal Late Fee. Effective
January 1, 2008, the schedule was
amended to add the Seasonal Overnight Parking Permit - Vehicle Only Fee.
The amended schedule was filed under Document #9050. Effective January 1, 2020, the schedule was
amended to increase the annual pier use fee and the single use pier permit fee.
The amended schedule was filed under Document # 12935.
Pda 610.01 Fee Schedule.
(a)
Following adoption of a Pda 600 fee schedule, Pda 600 fees shall remain
in effect until new fees are adopted in accordance with (b) below. At least once a year the division director
shall review the schedule of Pda 600 fees.
If the division proposes to modify Pda 600 fees, the process shall be as
described in (b) below.
(b)
The following shall govern the adoption of Pda 600 fee schedules:
(1)
The division director shall prepare a proposed schedule of Pda 600 fees;
(2)
The division director shall publish a notice in at least 2 newspapers of
general circulation of the availability of the proposed schedule of Pda 600
fees;
(3)
Within 30 days of publication of notice pursuant to (2) above, any
person may submit to the division director written comments regarding the
proposed schedule of Pda 600 fees;
(4)
Within 60 days of publication of notice pursuant to (2) above, the
division director shall submit the proposed schedule of Pda 600 fees to the
authority for review and approval;
(5)
The authority may:
a.
Adopt the approved schedule of Pda 600 fees;
b.
Adopt the approved schedule of Pda 600 fees in part; or
c.
Adopt the approved schedule of Pda 600 fees in part and modify the
schedule in part;
(6)
The Pda 600 fees adopted by the authority shall take effect on January 1
of the following year or 5 days after adoption by the authority, whichever is
earlier, unless the authority specifies an alternate effective date that is at
least 5 days after the date of adoption by the authority; and
(7)
Once adopted by the authority, the schedule of Pda 600 fees shall be
made available to any person who requests a copy.
Source. (See
Revision Note at part heading for Pda 610) #8322, EXEMPT, eff 4-8-05; ss by
#10818, EXEMPT, eff 4-17-15; ss by #13806, eff 11-17-23
Pda 610.02 Types of Fees. The following types of fees shall be set by
the schedule of fees determined under Pda 610.01:
(a)
Annual pier use permit fee;
(b)
Skiff permit fee;
(c)
Skiff sticker replacement fee;
(d)
Business-use pier vehicle sticker replacement fee;
(e)
Single-use pier permit fee;
(f)
Daily parking ticket fee for vehicle only;
(g)
Daily
parking ticket fee for combination vehicle and trailer;
(h)
Daily parking ticket for bus;
(i) Seasonal parking permit fee for vehicle only;
(j)
Seasonal parking permit fee for combination vehicle and trailer;
(k)
Seasonal parking sticker replacement fee;
(l)
Overnight parking permit fee for vehicle only;
(m)
Overnight parking permit fee for combination vehicle and trailer;
(n)
Berthing permit fee;
(o)
Overnight Berthing Permit Fee;
(p)
Overnight Recreational-Use Berthing Permit Fee;
(q)
Berthing permit application late fee under Pda 606.06;
(r)
Berthing permit wait list fee;
(s)
Berthing permit wait list renewal fee;
(t)
Berthing permit wait list renewal late fee;
(u)
Vessel storage wait list fee, per storage area;
(v)
Vessel storage wait list renewal fee, per storage area;
(w)
Vessel
storage wait list renewal late fee, per storage area;
Schedule of Fees for
Commercial Piers
Portsmouth, Hampton Harbor
and Rye Harbor, NH
Effective October 7, 2005
unless otherwise noted
TYPE OF FEE |
|
FEE |
|
|
|
Annual Pier Use (effective January 1, 2020) |
|
$12.00 per ft. ($200
minimum) |
|
|
|
Skiff Permit Fee |
|
$50.00 |
|
|
|
Skiff Sticker Replacement Fee |
|
$10.00 |
|
|
|
Business Use Pier Vehicle Sticker Replacement Fee |
|
$10.00 |
|
|
|
Single Use Pier Permit (effective January 1, 2020) |
Hampton/Rye/PFP |
$6.00 per ft. |
|
|
|
Daily Parking – Car Only - Ticket |
|
$5.00 |
|
|
|
Daily Parking – Bus- Ticket |
|
$25.00 |
|
|
|
Daily Parking – Combo Vehicle/Trailer Fee-Ticket |
|
$10.00 |
|
|
|
Seasonal Parking Permit Fee – Vehicle Only |
|
$75.00 entire season |
|
|
|
Seasonal Overnight Parking Permit – Vehicle Only (effective January 1, 2008) |
|
$150.00 entire
season |
|
|
|
Seasonal Parking Permit Fee – Vehicle/Trailer |
|
$150.00 entire
season |
|
|
|
Seasonal Parking Sticker Replacement Fee |
|
$10.00 |
|
|
|
Overnight Parking Permit Fee – Vehicle Only |
|
$10.00 |
|
|
|
Overnight Parking Permit Fee – Vehicle/Trailer |
|
$20.00 |
|
|
|
Overnight Berthing Fee (effective January 1, 2024) |
|
$6.00 per foot |
|
|
|
Overnight Recreational-Use Berthing Fee (effective January 1, 2024) |
|
$6.00 per foot |
|
|
|
Berthing Permit Fee |
PFP Outside PFP Inside |
$8.00 per foot per quarter used $12.50 per foot per quarter used |
|
|
|
Berthing Permit Application Late Fee |
|
$50.00 |
|
|
|
Berthing Permit Wait List Fee |
|
$5.00 |
|
|
|
Berthing Permit Wait List Renewal Fee |
|
$5.00 |
|
|
|
Berthing Permit Wait List Renewal Late Fee |
|
$10.00 |
|
|
|
Vessel Storage Wait List Fee, per storage area (effective March 8, 2006) |
|
$5.00 |
|
|
|
Vessel Storage Wait List Renewal Fee (effective March 8, 2006) |
|
$5.00 |
|
|
|
Vessel Storage Wait List Renewal Late Fee (effective March 8, 2006) |
|
$10.00 |
Source. (See
Revision Note at part heading for Pda 610) #8322, EXEMPT, eff 4-8-05; amd by
#9050, EXEMPT, eff
1-1-08; amd by #12935, EXEMPT, eff 1-1-20; ss by #13806, eff 11-17-23;
ss by #13829, EXEMPT, eff 1-1-24
Pda
610.03 Waiver of Fees; Official
Government Business.
(a) “Government agency” means any
department, commission, board, institution, bureau, office, court, legislative body, or other entity, by whatever name called,
established in the constitution, statutes, session laws, or executive orders of
the local, state, or federal government.
(b) Fees under Pda 600 shall not
be waived for any type of applicant for or holder of a permit issued pursuant to Pda 600 or any user of state-owned commercial piers or
associated facilities, except in accordance with (c) below.
(c) Any fee required under Pda
600 for any permit, sticker, or use of the commercial piers or associated
facilities shall be waived by the division for any government agency, or
employee or agent of any government agency, conducting official business.
Any employee or agent of a government agency seeking a waiver of fees
pursuant to Pda 610.03 shall:
(1) Identify the government agency that he or she
is representing;
(2) Display:
a. A government-issued photo identification card
that identifies the person as an employee or agent of the government agency; or
b. A government issued identification card that
identifies the person as an employee or agent of the government agency and a
photo identification card; and
(3) Identify the nature of the official business
of the government agency that such employee or agent will be conducting at the
commercial pier or associated facilities.
Source. (See
Revision Note at part heading for Pda 610) #8322, EXEMPT, eff 4-8-05; ss by
#13806, eff 11-17-23
Pda 610.04 Fees Nonrefundable; Payment of Fees.
(a)
All Pda 600 fees shall be nonrefundable, except as provided in Pda
606.05.
(b)
The fee(s) paid by check or money order shall be made payable to “Pease
Development Authority, Division of Ports and Harbors” or “PDA - DPH.”
Source. (See Revision Note at part heading for Pda 610) #8322, EXEMPT, eff 4-8-05; ss by #13806, eff 11-17-23
CHAPTER Pda
700 SLIP PERMITS; STATE-OWNED RESTRICTED
PIERS
PART Pda 701 PURPOSE
Pda 701.01 Purpose. The purpose of Pda 700 is to provide a
comprehensive slip permit system pursuant to RSA 12-G:42, VI, for the
implementation of RSA 12-G:42, VII which authorizes the authority to set and
collect fees for state-owned slips in ports, harbors, and state tidal
waters. State-owned slips exist at both
state-owned commercial piers and state-owned restricted piers. Because pier use, berthing, and skiff permits
issued under Pda 600 for state-owned commercial piers function as slip permits
under RSA 12-G:42, VII, Pda 700 recognizes that these permits constitute slip
permits. The pier use, berthing, and
skiff permits issued under Pda 600 allow a vessel to occupy a state-owned slip
at a state-owned commercial pier. The
slip permits issued under Pda 700 for state-owned restricted piers allow a
vessel to occupy a state-owned slip at a state-owned restricted pier.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
PART Pda 702 SLIP PERMITS REQUIRED
Pda 702.01 Slip Permit Required for State-Owned Slip;
Exceptions. No vessel shall occupy a
state-owned slip, unless the owner or operator of the vessel has obtained a
slip permit for such vessel, except for the following:
(a) A private recreational vessel secured to a
recreational-use pier in compliance with Pda 603.01;
(b)
A vessel secured to a business-use pier in compliance with Pda
603.02(d);
(c)
A vessel secured to a state-owned restricted pier in compliance with Pda
703.01; and
(d)
A vessel secured to a recreational-use pier in compliance with Pda
603.01(d)(1)b.2., 5., 6., or 7.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
Pda 702.02 Limited Applicability of Slip Permits for
State-Owned Restricted Piers. Any
vessel with a slip permit issued under Pda 706 shall only be authorized to
occupy a state-owned slip at a state-owned restricted pier.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
Pda 702.03 Certain Permits Constitute Slip Permits. For the purposes of the comprehensive slip
permit system established in Pda 700, the following permits issued under Pda
600 shall constitute a slip permit:
(a) A pier use permit issued under Pda 600;
(b) A berthing permit issued under Pda 600 for
the Portsmouth pier berthing area; and
(c) A skiff permit issued under Pda 600.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
Pda 702.04 Limited Applicability of Slip Permits for
State-Owned Commercial Piers. Any
vessel with a slip permit listed under Pda 702.03 shall only be authorized to
occupy a state-owned slip at a state-owned commercial pier. Such vessel shall not be authorized to occupy
a state-owned slip at a state-owned
restricted pier, unless the owner, operator, or duly authorized agent has
applied for and obtained a slip permit under Pda 704 and Pda 706.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
PART Pda 703 USE OF STATE-OWNED RESTRICTED PIERS; REMOVAL
OF VESSELS
Pda 703.01 Use of State-Owned Restricted Piers. A vessel without a slip permit issued under
Pda 706 may be secured to a state-owned restricted pier, if the vessel operator
requests permission to be so secured and the division director or an employee
of the division:
(a) Determines that the securing of the vessel
would not interfere with the use of the pier by another vessel approaching,
departing from, or already secured to the pier and that one or more of the
following applies:
(1)
The vessel requires emergency repairs;
(2)
Weather or tide conditions make it hazardous for the vessel not to be
secured to the pier;
(3)
A medical emergency exists involving a passenger or crew member;
(4)
The crew or passengers, or both, of the vessel are making use of
state-owned facilities for official government business; or
(5)
Failure to secure the vessel to the pier would result in an imminent and
substantial hazard to navigation or to the safety of any person on board such
vessel; and
(b) Gives the operator of the vessel oral
permission to be secured to the pier, but only for as long as the situation
creating the reason for the stay exists.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
Pda 703.02 Removal of Vessels from State-Owned
Restricted Piers. If any vessel is
secured to or berthed at or otherwise occupies a slip or a portion of a slip at
a state-owned restricted pier in violation of Pda 700, and the owner or
operator is not available or refuses to move the vessel, the division shall
remove or arrange for the removal of such vessel from the state-owned
restricted pier in accordance with RSA 12-G:52-b.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
PART Pda 704
PERMITS
Pda 704.01 Granting of Annual State-Owned Restricted
Pier Slip Permits; Modification, Duration, and Nontransferability.
(a) The division director or designee shall grant
pursuant to Pda 706.01 annual state-owned restricted pier slip permits for
state-owned restricted piers, on a space available basis, only for vessels
authorized under a written contractual agreement with the authority to make use
of or berth at the Barker wharf or the Burge wharf.
(b) Only the owners or operators of the vessels
specified pursuant to (a) above shall be permitted to apply for an annual
state-owned restricted pier slip permit under Pda 700 by:
(1)
Identifying the state-owned restricted pier for which the applicant
seeks a slip permit;
(2)
Submitting a completed application form as described in Pda 709.01 to
the division; and
(3)
Paying the applicable annual slip permit fee.
(c) An annual state-owned restricted pier slip
permit shall be valid for a one-year period from January 1 to December 31. All
annual state-owned restricted pier slip permits issued during the time period
from January 1 to December 31 shall expire on December 31.
(d) Annual state-owned restricted pier slip
permits shall not be transferable.
(e) An annual state-owned restricted pier slip
permit for the Barker wharf or the Burge wharf shall allow the permit holder to
occupy a slip or portion of a slip at the designated wharf subject to the
requirements of Pda 700 and such additional terms and conditions set forth in a
written contractual agreement between the authority and the permit holder, the
permit holder’s employer or hirer, or any association in which the permit holder
is a member.
(f) Any available slip space not specifically
reserved or scheduled for priority use under the terms of a written contractual
agreement with the authority shall be available to the division for its use or
use by a vessel:
(1)
With an annual state-owned restricted pier permit and a written
contractual agreement with the authority to utilize a state-owned restricted
pier;
(2)
Authorized by the division to secure to a state-owned restricted pier
under Pda 703.01; or
(3)
With a single-use state-owned restricted pier slip permit obtained under
Pda 704.02(a).
(g) An annual state-owned restricted pier slip
permit shall be modified by substitution of a modified or replacement vessel
for the vessel identified in the permit if the following conditions are met:
(1)
The permit holder provides to the division, at least 14 days before
making use of the modified or replacement vessel under the annual state-owned
restricted pier slip permit:
a.Written notice of any
changes to vessel information under Pda 709.01(b)(8); and
b.
If there is a new registration for the vessel, a copy of such
registration; and
(2)
Before making use of a modified or replacement vessel under the annual
state-owned restricted pier slip permit, the permit holder pays to the division
an amount equal to the difference in the amount, if any, that the slip permit
fee for the modified permit exceeds the slip permit fee paid for the original
permit.
(h) The expiration date of an annual state-owned
restricted pier slip permit modified under (g) above shall be the same as the
originally issued permit.
(i) In order to
maintain updated information with the division, each annual state-owned
restricted pier slip permit holder shall notify the division in writing, within
30 days of the change, of any changes to information required pursuant to Pda
709.01(b)(1)-(7).
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
Pda 704.02 Granting of Single-Use State-Owned
Restricted Pier Slip Permits; Duration and Nontransferability.
(a) The division director or designee shall grant
pursuant to Pda 706.02 single-use state-owned restricted pier slip permits for
the Barker wharf or the Burge wharf only for the following vessels on a space
available basis:
(1) A charter boat;
(2) A commercial cargo vessel in transit
requiring a temporary berth or seeking to load or unload cargo in New
Hampshire; or
(3) Any vessel invited to Portsmouth harbor by a
nonprofit organization registered in New Hampshire or any state or local
governmental agency to attend or otherwise participate in any celebration,
festival, or historical reenactment held within the state.
(b)
The division director or designee shall grant pursuant to Pda 706.02
single-use state-owned restricted pier slip permits for the marine terminal
wharves on a space available basis for any vessel:
(1) Proposing to occupy all or a portion of one
of the slips located at the marine terminal wharves; and
(2) That agrees to pay the applicable slip fee
and all other applicable fees associated with use of the marine terminal
wharves.
(c)
The owner or operator of a vessel identified under (a) or (b) above
shall be permitted to apply for a single-use state-owned restricted pier slip
permit.
(d)
A single-use state-owned restricted pier slip permit shall allow the
vessel to occupy a slip or portion of a slip at the state-owned restricted
pier, as specified in the permit, subject to the Pda 700.
(e)
A single-use state-owned restricted pier slip permit shall be valid for
a one-time use of the pier for the period of time specified in the permit, not
to exceed 24hours. The holder of the permit may extend the stay beyond
the time in the permit by paying the required fee(s), subject to available slip
space.
(f)
A single-use state-owned restricted pier slip permit shall not be
transferable.
(g)
Any person who qualifies for a single-use state-owned restricted pier
slip permit may make application for a permit by:
(1) Submitting an application as described in Pda
706.02 to the division; and
(2) Paying the single-use state-owned restricted
pier slip permit fee.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
PART Pda 705 WAIT LIST FOR BARKER AND BURGE WHARVES –
RESERVED
PART Pda 706 PERMIT APPLICATIONS; PROCESSING OF
APPLICATIONS
Pda 706.01 Annual State-Owned Restricted Pier Slip
Permit; Application Requirements; Processing.
(a) An applicant for an annual state-owned
restricted pier slip permit shall:
(1)
Obtain an annual state-owned restricted pier slip 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 03801-3532
(2)
Provide the information and certification required on the annual
state-owned restricted pier slip permit application form, as provided in Pda
709.01(b) and (d); and
(3)
Attach to the application the following:
a.
A photocopy of the applicant’s New Hampshire state tidal, other state or
International Maritime Organization number registration for a commercial
vessel;
b.
If the vessel described on the application is a charter boat, a
photocopy of the vessel’s New Hampshire state tidal or other state registration
and U.S. Coast Guard merchant mariner’s license for the operator; and
c.
Payment of the annual state-owned restricted pier slip 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) The applicant or the applicant’s duly
authorized officer or member shall sign the application.
(c) Upon receipt of the application form by the
division, the division director or designee shall verify that:
(1)
The applicant has provided all applicable information and documentation
required under Pda 709.01;
(2)
The application has attached the documentation required under (a)(3)
above;
(3)
The vessel information on the New Hampshire state tidal, other state or
International Maritime Organization registration or federal documentation is
the same vessel information provided on the application;
(4)
The annual state-owned restricted pier slip permit fee is paid, provided
that the 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;
(5)
There is a valid written contractual agreement between the authority and
the applicant covering the permit period;
(6)
There is no reason to deny the application under Pda 707.02; and
(7)
The applicant has signed the application.
(d) Within 30 days of receipt of the application
by the division, the division director or designee shall grant or deny the
application consistent with the provisions of Pda 707.
(e) If the applicant is granted an annual
state-owned restricted pier slip permit under Pda 707, the division director or
designee shall:
(1)
Issue an annual state-owned restricted pier slip permit to the
applicant;
(2)
Sign and date the permit(s); and
(3)
Mail a photocopy of the permit(s) to the applicant at the address
specified by the applicant on the permit application, or, if none is specified,
to the applicant’s permanent address.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
Pda 706.02 Single-Use State-Owned Restricted Pier
Slip Permit; Application Requirements; Processing.
(a)
Only the owner, operator, or agent of an owner or operator of a vessel
specified in Pda 704.02 shall be eligible to apply for a single-use state-owned
restricted pier slip permit.
(b) Prior to or immediately upon securing a vessel
to a state-owned restricted pier, an applicant for a single-use state-owned
restricted pier slip permit shall make an oral or written application.
(c)
The applicant shall provide the information required in Pda 709.02(a) to
the division either:
(1) By telephone in accordance with:
a. Signage posted by the division at the
state-owned restricted pier that displays the telephone number(s) of the
division; or
b. The instructions on the division’s Internet
website that provide the telephone number(s) of the division; or
(2)
In person to the division at the pier or
the division’s office.
(d) If the applicant contacts the division by
telephone, the division director or an employee of the division shall enter the
information provided by the applicant on a single-use state-owned restricted
pier slip permit application form and allow the applicant to secure the vessel
to the pier after the division director or employee verifies the accuracy of
the information relating to the vessel operator and vessel provided under (b)
above, if space is available.
(e) Once the vessel is secured to the state-owned
restricted pier, the applicant shall:
(1) Display to, and allow a copy to be made by,
the division director or employee of the division:
a. The applicant’s New Hampshire state tidal or
other state registration or International Maritime Organization number for a
commercial vessel; and
b. If the vessel described on the application is
a charter boat, a photocopy of the vessel’s New Hampshire state tidal or other
state registration and U.S. Coast Guard merchant mariner’s license for the
operator;
(2) Make payment of the single-use state-owned
restricted pier slip 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;” and
(3) Sign the application form.
(f)
Upon receipt of a signed application and tender of the single use
state-owned restricted pier slip permit fee, the division director or employee
shall grant or deny the application consistent with the provisions of Pda 707.
(g)
If the applicant is granted a single-use state-owned restricted pier
slip permit under Pda 707, and meets the requirements of (e) above, the
division director or employee shall:
(1) Enter the time of day and date that the
permit was granted on the permit;
(2) Sign the permit; and
(3) Issue a single-use state-owned restricted
pier slip permit to the applicant.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
PART Pda 707 GRANT OR DENIAL OF PERMIT APPLICATION;
REVOCATIONS; HEARINGS
Pda 707.01 Annual and Single-Use State-Owned
Restricted Pier Slip Permits. Applications
under Pda 706 for annual state-owned restricted pier slip permits and
single-use state-owned restricted pier slip permits shall be granted unless
denied by the division in accordance with Pda 707.02.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
Pda 707.02 Reasons for Denial of Application.
(a) The director shall deny a permit application
for an annual or single-use state-owned restricted pier slip permit if the
applicant:
(1)
Is not a qualified applicant under Pda 704.01(a) and (b) or Pda
704.02(a) or (b), as applicable;
(2)
Has not included the required permit fee;
(3)
Has not provided the required information and documentation under Pda
709, for the type of permit applied for;
(4)
Has provided materially false information on the application form or to
a representative of the division, or has provided materially false or invalid
information in any of the documentation required under Pda 709;
(5)
Has failed to:
a.
Timely pay any fees or other costs due the authority or the division
under RSA 12-G:42-53 or rules adopted thereunder and such fees or other costs
remain due and payable at the time the application is filed;
b.
Timely pay any fines assessed under RSA 12-G:52 or RSA 12-G:52-a and
such fine or fines remain due and payable at the time the application is filed;
or
c.
Obey any lawful order of the director, the chief harbor master, the
deputy chief harbor master, a harbor master, or an assistant harbor master and
full compliance with such lawful order remains outstanding at the time the
application is filed; or
(6)
Has not signed the application.
(b) The director shall deny a permit application
for an annual state-owned restricted pier slip permit or single-use state-owned
restricted pier slip permit if the division determines that the vessel cannot
be safely secured at the slip, taking into consideration the LOA, width, and
draft of the vessel, the strength of the particular pier to which the vessel
will be secured, and the potential for storms, wind, waves, tides, currents,
and wash at the proposed location.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
Pda
707.03 Revocation of State-Owned
Restricted Pier Slip Permit.
(a) The director shall revoke an annual
state-owned restricted pier slip permit or single-use state-owned restricted
pier slip permit for any of the following reasons, as applicable to the type of
permit:
(1)
The permit was transferred in violation of Pda 704.01(d) or 704.02(f);
(2)
The applicant has provided materially false information on the
application form or to a representative of the division, or has provided
materially false or invalid information in any of the documentation required
under Pda 709;
(3)
The permit holder’s use of the state-owned restricted pier is in
violation of the law, including any rule set forth in Pda 700, presents an
imminent and substantial threat to human health, public safety, or the environment,
or is likely to result in immediate and substantial damage to division
property;
(4)
The permit holder has failed during the term of the permit to:
a.
Timely pay any fees or other costs due the authority or the division
under RSA 12-G:42-53 or rules adopted thereunder and such fees or other costs
remain due and payable for more than 30 days;
b.
Timely pay any fines assessed under RSA 12-G:52 or RSA 12-G:52-a and
such fine(s) remain due and payable for more than 30 days; or
c.
Obey any lawful order of the director, the chief harbor master, the
deputy chief harbor master, a harbor master, or an assistant harbor master and
full compliance with such lawful order remains outstanding for more than 30 days;
(5)
The permit holder ceases to have any ownership interest in a vessel
identified in the permit holder’s permit;
(6)
The permit holder returned the permit to the division in accordance with
Pda 707.06; or
(7)
The permit holder did not provide the written notification to the
division required under Pda 707.06(a).
(b) The director shall provide notice and
opportunity for a hearing before revocation of an annual state-owned restricted
pier slip permit or single-use state-owned restricted pier slip permit.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
Pda 707.04 Hearings; Notice of Denial.
(a) Any hearing required pursuant to Pda 707.03
shall be held by the division director or designee.
(b) If a permit is denied or revoked under Pda
707.03(b) after notice and opportunity for a hearing, notice of the denial or
revocation and the reason(s) therefor shall be sent to the applicant in writing
within 10 working days of the decision.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
Pda 707.05 Removal of Vessel from the State-Owned
Restricted Pier if Permit Revoked. Within 10 days of receipt of a notice of
revocation of a permit pursuant to Pda 707.03(b), or, if the applicant or
permit holder files a request for reconsideration pursuant to Pda 708, within
10 days of receipt of a notice of decision under Pda 708.03(b), the vessel for
which the permit was issued shall be permanently removed from its slip. If the vessel is not removed by 11:59 p.m. on
the tenth day following the receipt of such notice, a representative of the
division shall arrange for the removal of the vessel from its slip. The owner of the vessel shall be responsible
for any costs incurred by the division in removing the vessel from its slip.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
Pda
707.06 Written Notification
and Return of Permit Required in Certain Circumstances.
(a)
A permit holder shall provide written notification to the division
within 15 days of the sale or other disposition of the vessel for which a
state-owned restricted pier slip permit has been issued.
(b)
A person required under (a) above to provide written notification to the
division shall return the permit to the division within 15 days of the event
requiring notification under (a) above.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
PART Pda 708 RECONSIDERATION
Pda 708.01 Reconsideration; Who May Petition. The following person(s) may petition the
division director for reconsideration pursuant to Pda 708:
(a)
Any holder of an annual state-owned restricted pier slip permit or
single-use state-owned restricted pier slip permit issued under Pda 700 whose
permit was revoked by the division director pursuant to Pda 707.03; and
(b)
Any applicant for an annual state-owned restricted pier slip permit or
single-use state-owned restricted pier slip permit whose application was denied
by the division director pursuant to Pda 706.01(d) or Pda 706.02(f).
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
Pda 708.02 Requirements for Petition for
Reconsideration. A petition for
reconsideration shall:
(a)
Specify the date of the challenged decision;
(b)
Specify every reason that the action taken by the division director was
unlawful or unreasonable, including any error of law or error of fact;
(c)
Include as an attachment a copy of the application or request that was
denied or failed to receive approval; and
(d)
Include any new or additional information relevant to the matter
proposed for reconsideration.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
Pda 708.03 Reconsideration by Division Director.
(a) A petition for reconsideration by the
division director shall be filed with the division director within 10 days from
receipt of notice of:
(1)
Revocation of a permit pursuant to Pda 707.03; or
(2)
Denial of a permit pursuant to Pda 706.01(d) or 706.02(f).
(b) The division director shall review a petition
for reconsideration within 10 days of receipt and notify the petitioner of his
or her decision on whether to grant or deny the petition within 5 business days
of review.
(c) When making a decision on a petition for
reconsideration, the division director shall consider any new or additional
information relevant to the matter under reconsideration that was not
available:
(1)
In a permit denial proceeding, when the application in question was
submitted; or
(2)
In a permit revocation proceeding, when the decision to revoke a permit
was rendered.
(d) The division director shall grant a petition
for reconsideration if the division director finds it more likely than not that
the decision was based on an error of law or fact or lacked facts that could
reasonably sustain the decision.
(e) The division
director shall deny a petition for reconsideration if the petition for
reconsideration was not timely filed in accordance with (a) above, or the
division director finds it more likely than not that the decision was not based
on any error of law or that there were facts reasonably sustaining the
decision.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
PART Pda 709 FORMS
Pda 709.01 Annual State-Owned Restricted Pier Slip
Permit Application Form.
(a) Each person seeking an annual state-owned
restricted pier slip permit shall complete an annual state-owned restricted
pier slip permit application form provided by the division and:
(1)
Deliver the completed application to:
Pease Development Authority
Division of Ports and Harbors
555 Market Street
Portsmouth, NH 03801-3532; or
(2)
Mail the completed application to:
Pease Development Authority
Division of Ports and Harbors
555 Market Street
Portsmouth, NH 03801-3532
(b) The applicant shall provide the following
information on the annual state-owned restricted pier slip permit application
form:
(1)
The applicant’s full legal name:
(2)
The name and address of the applicant’s business;
(3)
The applicant’s mailing address, if different from the business address
identification in (2) above;
(4)
Which address the applicant requests be used as the correspondence
address by the division;
(5)
The applicant’s type of business organization;
(6)
The applicant’s telephone number(s) including:
a.
Business telephone number;
b.
Home telephone number;
c.
Business fax number, if the applicant has a business fax number;
d.
Emergency telephone number; and
e.
Cell telephone number, if different from permanent telephone number;
(7)
The applicant’s e-mail address, if the applicant has an e-mail address;
(8)
The following information pertaining to the vessel:
a.
Vessel name;
b. New Hampshire or other state
registration number or International Maritime Organization number;
c.
Federal documentation number, if applicable;
d.
Vessel LOA;
e.
Vessel width;
f.
Vessel draft;
g.
Vessel color; and
h.
Type of vessel;
(9)
The state-owned restricted pier for which the applicant is seeking a
slip permit; and
(10)
The amount of slip space requested at the pier identified in (9) above.
(c) The applicant shall attach the documentation
required under Pda 706.01(a)(3).
(d) By his or her signature, the applicant shall
certify the following:
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 state-owned restricted
pier slip permit may be withdrawn by the Pease Development Authority for
submitting false statements or information or omitting required statements or
information.”
(e) The applicant or the applicant’s duly
authorized officer or member shall sign and date the
application.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
Pda 709.02 Single-Use State-Owned Restricted Pier
Slip Permit Application Form.
(a) The applicant, the division director, or an
employee of the division shall enter the following information provided by an
applicant under Pda 706.02(c) on a single-use state-owned restricted pier slip
permit application form:
(1)
The applicant’s full legal name;
(2)
The applicant’s permanent address;
(3)
The applicant’s telephone number(s) including:
a.
Business telephone number;
b.
Home telephone number;
c.
Cell telephone number, if different from permanent telephone number; and
d.
An emergency contact telephone number;
(4)
The following information pertaining to the vessel and registration and
identification numbers:
a.
Vessel name;
b. New Hampshire or other state
registration number or International Maritime Organization number;
c.
Federal documentation number, if applicable;
d.
Vessel LOA;
e.
Vessel width;
f.
Vessel draft;
g.
Vessel color; and
h.
Type of vessel;
(5)
The state-owned restricted pier for which the applicant is seeking a
slip permit and the reason the applicant wishes to use the state-owned
restricted pier; and
(6)
The amount of slip space requested at the pier identified in (5) above.
(b) The form shall require the division director
or an employee of the division to verify that the applicant has displayed the
documentation required under Pda 706.02(e)(1).
(c) By his or her signature, the applicant shall
certify the following:
“I certify that the statements and
information in this application are to the best of my knowledge and belief
true, accurate and complete. I am aware that my state-owned restricted
pier slip permit may be withdrawn by the Pease Development Authority for
submitting false statements or information or omitting required statements or
information.”
(d) The applicant or the applicant’s duly
authorized officer or member shall sign and date the
application.
Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15
PART
Pda 710 PERMIT FEES
Pda 710.01
Fee Schedule.
(a)
Following adoption of a Pda 700 fee schedule, Pda 700 fees shall remain
in effect until new fees are adopted in accordance with (d) below. At least once a year the division director
shall review the schedule of Pda 700 fees.
If the division proposes to modify Pda 700 fees, the process shall be as
described in (b) below.
(b)
The following shall govern the adoption of Pda 700 fee schedules:
(1) The division director shall prepare a
proposed schedule of Pda 700 fees;
(2) The division director shall publish a notice
in at least 2 newspapers of general circulation of the availability of the proposed
schedule of Pda 700 fees;
(3) Within 30 days of publication of notice
pursuant to (2) above, any person may submit to the division director written
comments regarding the proposed schedule of Pda 700 fees;
(4) Within 60 days of publication of notice
pursuant to (2) above, the division director shall submit the proposed schedule
of Pda 700 fees to the authority for review and approval;
(5) The authority may:
a. Adopt the approved schedule of Pda 700 fees;
b. Adopt the approved schedule of Pda 700 fees
in part; or
c. Adopt the approved schedule of Pda 700 fees
in part and modify the schedule in part;
(6) The fees adopted by the authority shall take
effect on January 1 of the following year or 5 days after adoption by the
authority, whichever is earlier, unless the authority specifies an alternate
effective date that is at least 5 days after the date of adoption by the
authority; and
(7) Once adopted by the authority, the schedule
of Pda 700 fees shall be made available to any person who requests a copy.
Source. #8846, EXEMPT, eff 3-21-07; ss by #10818, EXEMPT, eff 4-17-15
Pda 710.02 Types of Fees. The following types of fees shall be set by
the schedule of fees determined under Pda 710.01:
(a)
Annual state-owned restricted pier slip permit fee; and
(b)
Single-use state-owned restricted pier slip permit fee.
Source. #8846, EXEMPT, eff 3-21-07
Pda 710.03 Waiver of Fees; Official Government
Business.
(a)
“Government agency” means any department, commission, board,
institution, bureau, office, court, legislative body, or other entity, by
whatever name called, established in the constitution, statutes, session laws,
or executive orders of the local, state, or federal government.
(b) Fees under Pda 710.02 shall not be waived for
any type of applicant for or holder of a permit issued pursuant to Pda 700 or
any user of state-owned restricted piers, except in accordance with (c) below.
(c) Any fee required under Pda 710.02 for any
permit to be issued under Pda 700 shall be waived by the division for any
government agency, or employee or agent of any government agency, conducting
official business. Any employee or agent of a government agency seeking a
waiver of fees pursuant to Pda 710.03 shall:
(1)
Identify the government agency that he
or she is representing;
(2)
Display:
a. A government-issued photo identification card
that identifies the person as an employee or agent of the government agency; or
b.
A government issued identification card
that identifies the person as an employee or agent of the government agency and
a photo identification card; and
(3)
Identify the nature of the official
business of the government agency that such employee or agent will be
conducting at the state-owned restricted pier.
Source. #8846, EXEMPT, eff 3-21-07
Pda 710.04 Fees Nonrefundable; Payment of Fees.
(a) All Pda 710.02 fees shall be nonrefundable.
(b)
The fee(s) paid by check or money order shall be made payable to “Pease
Development Authority, Division of Ports and Harbors” or “PDA - DPH.”
Source. #8846, EXEMPT, eff 3-21-07
APPENDIX
Rule Number |
State Statute/Federal
Regulation Implemented |
Pda
101.01 |
RSA 12-G:2,
IV-a; :42, IX |
Pda
101.02 |
RSA 12-G:42,
III; :50, IV |
Pda
101.03 |
RSA
12-G:2, V |
Pda
101.04 |
RSA
12-G:42, VI |
Pda
101.05 |
RSA
12-G:42, IV, V, VII |
Pda
101.06 |
RSA
12-G:2, VI |
Pda
101.07 |
RSA
12-G:42, VI |
Pda
101.08 |
RSA
12-G:2, VII-a; :42, IX |
Pda
101.09 |
RSA
12-G:42, III, VI, IX |
Pda
101.10 |
RSA
12-G:42, III; :50, I |
Pda
101.11 |
RSA
12-G:42, VII |
Pda
101.12 |
RSA
12-G:42, IX |
Pda
101.13 |
RSA
12-G:42, III, VI, IX |
Pda
101.14 |
RSA
12-G:44, I |
Pda
101.15 |
RSA
12-G:2, III; :50, II |
Pda
101.16 |
RSA
12-G:2, X |
Pda
101.17 |
RSA
12-G:2, XI |
Pda
101.18 |
RSA
12-G:42, IX |
Pda
101.19 |
RSA
12-G:42, III; :50, III |
Pda
101.20 |
RSA
12-G:42, III, VI, IX |
Pda
101.21 |
RSA
12-G:42, VI |
Pda
101.22 |
RSA
12-G:42, VI |
Pda
101.23 |
RSA
12-G:42, III, VI |
Pda
101.24 |
RSA
12-G:42, III, VI |
Pda
101.25 |
RSA
12-G:42, III, VI |
Pda
101.26 |
RSA
12-G:42, IV, VII |
Pda
101.27 |
RSA
12-G:42, IX |
Pda
101.28 |
RSA
12-G:42, IX |
Pda
101.29 |
RSA
12-G:2, XIX-a; :42, IX |
Pda
101.30 |
RSA
12-G:42, VII |
Pda
101.31 |
RSA
12-G:42, IX |
Pda
101.32 |
RSA
12-G:42, IX |
Pda
101.33 |
RSA
12-G:2, XXII-a; :42, VII |
Pda
101.34 |
RSA
12-G:2, XXIII |
Pda
101.35 |
RSA
12-G:2, XXIII-a; :42, IX |
Pda
101.36 |
RSA
12-G:42, VI |
Pda
101.37 |
RSA
12-G:42, VI |
Pda
101.38 |
RSA
12-G:2, XXIII-b; :42, VI |
Pda
101.39 |
RSA
12-G:2, XXIV-a; :42, VI |
Pda
101.40 |
RSA
12-G:2, XXV; :48; :49 |
Pda
101.41 |
RSA
12-G:42, IX |
|
|
Pda 301.01 |
RSA 12-G:48-49 |
Pda 301.02 |
RSA 12-G:49 |
Pda 301.03 –
301.04 |
RSA 12-G:48-49 |
Pda 301.05 |
RSA 12-G:47-49 |
Pda 301.06 |
RSA 12-G:48-49,
46 |
Pda 301.07 |
RSA 12-G:49, 46 |
Pda 301.08 |
RSA 12-G:48-49 |
Pda 301.09 |
RSA 12-G:47-49 |
Pda
301.10-301.13 |
RSA 12-G:48-49 |
Pda 301.14 |
RSA 12-G:47-49 |
Pda
301.15-301.20 |
RSA 12-G:48-49 |
Pda 303.01 |
RSA 12-G:49 |
Pda 304.01 |
RSA 12-G:48-49 |
Pda 304.02 |
RSA 12-G:48-49 |
Pda 305.01 |
RSA 12-G:47, 46 |
Pda
305.02-305.05 |
RSA 12-G:47 |
Pda 305.06 |
RSA 12-G:47, 46 |
Pda
305.07-305.08 |
RSA 12-G:47 |
Pda 305.09 |
RSA 12-G:47, 46
CFR 15.812 |
Pda
306.01-306.04 |
RSA 12-G:47 |
Pda
307.01-307.02 |
RSA 12-G:47 |
Pda
308.01-308.05 |
RSA 12-G:47 |
Pda 309.01 |
RSA 12-G:47, 46
CFR 15.812 |
Pda
309.02-309.03 |
RSA 12-G:47 |
Pda
310.01-310.02 |
RSA 12-G:48-49 |
Pda 311.01 |
RSA 12-G:49-a |
Pda 311.03 |
RSA 12-G:49-a |
|
|
Pda 401 |
RSA 12-G:42, |
Pda 402.01 |
RSA 12-G:42, |
Pda 402.02 |
RSA 12-G:42, |
Pda 402.03 |
RSA 12-G:42, |
Pda 402.04 |
RSA 12-G:42, |
Pda 402.05 |
RSA 12-G:42, |
|
|
Pda 501-Pda 502 |
RSA 12-G:42, III, VI; 12-G:50,
I(b), (c), (f) |
Pda 503.01 |
RSA 12-G:42, III, VI; 12-G:50,
I(b) |
Pda 503.02 |
RSA 12-G:42, III, VI; 12-G:50,
I(b), (f) |
Pda 504 |
RSA 12-G:42, III, VI; 12-G:50,
I(b) |
Pda 505-Pda 508.02 |
RSA 12-G:42, VI |
Pda 508.03- Pda 509.07 |
RSA 12-G:42, VI, VII |
Pda 509.08 |
RSA 12-G:42, VI |
Pda 510.01 – 510.02 |
RSA 12-G:42, VI; 12-G:50, I(b) |
Pda 510.03 |
RSA 12-G:42, VI, 12-G:50, I(b),
(f) |
Pda 510.04 – 510.07 |
RSA 12-G:42, VI; 12-G:50, I(b) |
Pda 511 |
RSA 12-G:42, VI |
Pda 512 |
RSA 12-G:42, VII |
Pda 513 |
RSA 12-G:42, VI |
Pda 514 |
RSA 12-G:42, VI, VII |
Pda 515.01 |
RSA 12-G:42, III; 12-G:50, I(c),
(f) |
|
|
Pda
600 (Specific Pda 600 rules implementing specific statutes are listed below) |
RSA
12-G:42, IX, X (d) |
Pda 601.04 |
RSA 12-G:2,
XIX-a |
Pda 601.07 |
RSA 12-G:2,
XXIII-a |
Pda 603.07 (a) |
RSA 1:16 |
|
|
Pda 701 |
RSA 12-G:42, VI,
VII |
Pda 702 |
RSA 12-G:42, VI,
IX |
Pda 703-709 |
RSA 12-G:42, VI |
Pda 710.01 |
RSA 12-G:42, VI,
VII |
Schedule of fees for Commercial Piers |
RSA 12:G-42 XI |