New Hampshire Administrative Code

"Passage" means any instance of travel of a vessel under direction of a pilot between 2 points within the pilotage area. Notes N.H. Admin. Code § Pda 301.13 #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, Eff…

"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. Notes N.H. Admin. Code § Pda 301.14 #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11 Amended by Volume XXXIX Number 19, Filed May 9, …

"Pilotage" means relating to the act of piloting a vessel. Notes N.H. Admin. Code § Pda 301.15 #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

"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. Notes N.H. Admin. Code § Pda 301.16 #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11 Amended b…

"Piloted vessel" means a vessel that has a pilot on board who is piloting the vessel in the pilotage area. Notes N.H. Admin. Code § Pda 301.17 #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 4/19/20…

"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. Notes N.H. Admin. Code § Pda 301.18 #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11 Amended by Volume XXXIX Number 19, Filed May 9, 2019,…

"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. Notes N.H. Admin. Code § Pda 301.19 #7870, eff 4-12-03; renumbered by #8147 (formerly Pda 301.20); ss by #9891-A, eff 4-1-11 Amen…

"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. Notes N.H. Admin. Code § Pda 301.20 #7870, eff 4-12-03; renumbered by #8147 (formerly P…

(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 …

(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…

(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)…

(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 autho…

Any person seeking an initial appointment as a pilot shall: (a) Submit to the division a completed application form 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. Notes N.H. Admin. Code § Pda…

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 …

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). Notes N.H…

(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 …

(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) an…

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 b…

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 r…

(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 again…

(a) Each person seeking an initial appointment as a pilot shall complete an application form for initial 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, …

(a) Each person seeking reappointment as a pilot shall complete an application for 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 app…

(a) Each person seeking an appointment as a temporary pilot 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 appli…

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)(…

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…

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 appointme…

(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 f…

(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 3…

If a written request submitted pursuant to Pda 308.01 is denied by the authority, the pilot may request the authority to reconsider its decision and may request a hearing. If the pilot includes a request for a hearing in his or her request for reconsideration, the authority shall…

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. Notes N.H. Admin. Code § Pda 308.04 #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11 The amended version of this sectio…

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 …

(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 susp…

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 …

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 an…

(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 shiftin…

(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 th…

(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 an…

(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…

(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 inbou…

"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, includ…

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…

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 re…

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 direct…

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 harb…

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 …

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. Notes N.H. Admin. Code § Pda 501.01 #7940, eff 8-23-03; ss by #9975, eff 8-20-11 Amended by Volume XL Number 2, Filed January 9, 2020, Pr…

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. Notes N.H. Admin. Code § Pda 501.02 #7940, eff 8-23-03; ss by #9975, eff 8-20-11 Amended by Volume XL Number 2, Filed January 9…