New Hampshire Administrative Code

"Recreational-use pier berthing area" means the area(s) of a recreational-use pier located at Rye Harbor or Hampton Harbor designated by the division director or designee for the berthing of vessels. Notes N.H. Admin. Code § Pda 601.04 #10441, eff 11-1-13 Amended by Number 50, Fi…

"Seasonal" or "season" means between April 1 and October 31. Notes N.H. Admin. Code § Pda 601.05 #8321, eff 10-1-05; ss by #8759, eff 11-18-06; ss by #10441, eff 11-1-13 (from Pda 601.04) Amended by Number 50, Filed December 14, 2023, Proposed by #13806, Effective 11/17/2023, Exp…

"Transient commercial fishing vessel" means a commercial fishing vessel without an annual pier use permit for a business-use pier that utilizes a business-use pier on a one-time basis for repairs, take-out, or other purpose consistent with rules under Pda 600 relating to the use …

"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…

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). Notes N.H. Admin. Code § Pda 602.01 #8321, eff 10-1-05, ss by #10441, eff 11-1-13 Amended by Number 50, Filed Decemb…

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. Notes N.H. Admin. Code § Pda 602.02 #8321, eff 10-1-05; ss by #10441, eff 11-1-13 …

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. Notes N.H. Admin. Code § Pda 602.03 #8321, eff 10-1-05; ss by #10441, eff 11-1-13 Amended by Number 50, Filed December 14, 2023, Pr…

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). Notes N.H. Admin. Code § Pda 602.04 #8321, eff 10-1-05; EXPIRED: 10-…

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). Notes N.H. Admin. Code § Pda 602.05 #8321, eff 10-1-05; ss by #10441, eff 11-1-13 Amended by Number 50, Filed December 14, 2023, Proposed by #13…

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. Notes N.H. Admin. Code § Pda 602.06 #8321, eff 10-1-05; ss by#10441, eff 11-1-13 Amended by Number 50, Filed December 14, 2023, Pro…

(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 …

(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 te…

(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 …

(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 avai…

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 facilit…

(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 a…

(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…

(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; a…

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. Notes N.H. Admin. Code § Pda 603.09 #8321, eff 10-1-05; ss by #10441, eff 11-1-13 Amended by …

(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-owne…

(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 contr…

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 bert…

(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 busines…

(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 vehic…

(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-…

(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-u…

(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 annu…

(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 …

(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) Bus…

(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…

(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 Har…

(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 an…

(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 capacit…

(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 Por…

(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 st…

(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 applicati…

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. Notes N.H. Admin. Code § Pda 605.05 #8321, eff 10-1-05; ss by #10441, eff 11-1-1…

Notes N.H. Admin. Code § Pda 605.06 #8321, eff 10-1-05; rpld by #10441, eff 11-1-13

(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 …

(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 Applicatio…

(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 …

(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, N…

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 …

(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 relat…

(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 …

(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 Har…

(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 perm…