New Hampshire Administrative Code

"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). Notes N.H. Admin. Code § Pda 101.…

"Berth" means the space allotted to a vessel at a pier and includes slips. Notes N.H. Admin. Code § Pda 101.05 #8298, eff 3-8-05; ss and moved by #8760, eff 11-18-06 (from Pda 101.03)

"Board" means "board" as defined in RSA 12-G:2, VI, namely, "the board of directors of the authority." Notes N.H. Admin. Code § Pda 101.06 #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)…

"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). Notes N.H. Admin. C…

"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 a…

"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) Doc…

"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. Notes N.H. Admin. Code § Pda 101.10 #8146, eff 8-28-04; renumbered by #8298 (from Pda 101.08); ss and moved by #8760, ef…

"Code of Federal Regulations" (CFR) means the general body of federal regulatory law, including those governing practice and procedure before the federal administrative agencies. Notes N.H. Admin. Code § Pda 101.11 #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.09); ss and …

"Commercial cargo vessel" means any vessel, except a commercial fishing vessel, used to transport property for compensation. Notes N.H. Admin. Code § Pda 101.12 #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.10); ss by #8760, eff 11-18-06

"Commercial fishing vessel" means a commercial vessel outfitted and utilized for the taking of any marine species for purposes of sale. Notes N.H. Admin. Code § Pda 101.13 #7847, eff 3-8-03; ss and renumbered by #8146, eff 8-28-04 (from Pda 101.01); renumbered by #8298 (from Pda …

"Council" means the division of ports and harbors advisory council appointed in accordance with RSA 12-G:44. Notes N.H. Admin. Code § Pda 101.14 #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)

"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. Notes N.H. Admin. Code § Pda 101.15 #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.12); ss and moved by #8…

"Division" means "division" as defined in RSA 12-G:2, X, namely, "the Pease development authority, division of ports and harbors." Notes N.H. Admin. Code § Pda 101.16 #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)…

"Division director" means "division director" as defined in RSA 12-G:2, XI, namely, "the director of the division of ports and harbors." Notes N.H. Admin. Code § Pda 101.17 #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.14); ss and moved by #8760, eff 11-18-06 (from Pda 101…

"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. Notes N.H. Admin. Code § Pda 101.18 #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.15); ss by #8760, eff 11-18-06

"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. Notes N.H. Admin. Code § Pda…

"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. Notes N.H. Admin. Code § Pda 101.20 #7847, eff 3-8-03; ss and renumbered by #8146, eff…

"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. Notes N.H. Admin. Code § Pda 101.21 #7847, eff 3-8-03; ss and renum…

"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 excl…

"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 l…

"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. Notes N.H. Admin. Cod…

"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. Notes N.H. Admin. Code § Pda 101.25 #8…

"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. Notes N.H. Admin. Code § Pda 101.26 #876…

"Pier use permit" means an annual pier use permit or a single-use pier permit issued under Pda 600. Notes N.H. Admin. Code § Pda 101.27 #8760, eff 11-18-06

"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. Notes N.H. Admin. Code § Pda 101.28 #8760, eff 11-18-06

"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…

"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. Notes N.H. Ad…

"Skiff" means a pram, dinghy, or other small boat not exceeding 16' in length. Notes N.H. Admin. Code § Pda 101.31 #8760, eff 11-18-06

"Skiff dock" means the designated area of a state-owned commercial pier where a skiff may be secured. Notes N.H. Admin. Code § Pda 101.32 #8760, eff 11-18-06

"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." Notes N.H. Ad…

"State" means "state" as defined in RSA 12-G:2, XXIII, namely, "the state of New Hampshire." Notes N.H. Admin. Code § Pda 101.34 #8760, eff 11-18-06 (formerly Pda 101.19)

"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." Notes N.H. Admin. Code § Pda 101.35 #8760, eff 11-…

"State-owned slip" means a slip located at a state-owned commercial pier or a state-owned restricted pier. Notes N.H. Admin. Code § Pda 101.36 #8760, eff 11-18-06

"State-owned restricted pier" means the Barker wharf, the Burge wharf, or the Marine terminal wharves. Notes N.H. Admin. Code § Pda 101.37 #8760, eff 11-18-06

"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." Notes N.H. Admin. Code § Pda 101.38 #8760, eff 11-18-06 (formerly Pda 101.20)

"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 wate…

"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 o…

"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, some…

"Allision" means the running of one vessel into or against another vessel or object. Notes N.H. Admin. Code § Pda 301.01 #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11 Amended by Volume XXXIX Number 19, Filed May 9, 2019, Proposed by #12760, Effective 4/19/2019,Expires 4/19/2029…

"Coastwise vessel" means a vessel navigating the waters of the Atlantic Ocean or Gulf of Mexico exclusively between ports of the United States. Notes N.H. Admin. Code § Pda 301.02 #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11 Amended by Volume XXXIX Number 19, Filed May 9, 2019, …

"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. Notes N.H. Admin. Code § Pda 301.03 #7870, eff 4…

"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. Notes N.H. Admin. Code § Pda …

"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 j…

"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 …

"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 (10-01-09 edition). Notes N.H. Admin. Code § Pda 301.07 #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11 Amended by Volume XXXIX Number 19, Filed M…

"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. Notes N.H. Admin. Code § Pda 301.08 #7870, eff 4-12-03; ss by #9891-A, eff 4-…

"Gross tons," means "gross tonnage" as calculated in accordance with 46 CFR Part 60 (10-01-01 edition). Notes N.H. Admin. Code § Pda 301.09 #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11 Amended by Volume XXXIX Number 19, Filed May 9, 2019, Proposed by #12760, Effective 4/19/2019,…