Section Pda 505.03 - Determination of Suitability of a Replacement or Modified Existing Vessel for a Permitted Mooring; Modification of Existing Mooring Permit(a) A mooring permit holder may seek a preliminary determination from the division of the suitability of a permitted mooring for a replacement vessel to be acquired by the permit holder or for an existing vessel that the permit holder seeks to modify and that is identified in a valid mooring permit in accordance with the following procedures: (1) The mooring permit holder may seek such preliminary determination by providing in writing to the division the information specified in (b)(1)b. or (b)(2) below, as applicable;(2) Upon receiving such a request for preliminary determination, the division shall determine if the replacement vessel or the existing vessel after modification would meet the requirements of (c)(1) below, as applicable;(3) If the division determines that the vessel to be acquired or modified would meet the requirements of (c)(1) below, the division shall send notice of its preliminary determination in writing to the mooring permit holder;(4) The division shall not make any changes to the vessel information on the permit holder's mooring permit until the mooring permit holder has provided the division with the documentation required under (b)(1) below for a replacement vessel or under (b)(2) below for an existing vessel that will be modified; and(5) The division shall withdraw its preliminary determination that a mooring would be suitable for a replacement or modified vessel, if the information submitted for the preliminary determination is incorrect or incomplete.(b) If a mooring permit holder acquires a replacement vessel or modifies an existing vessel identified in a permit as described in (e) below, the mooring permit holder shall, before attaching such replacement or modified vessel to the permitted mooring: (1) If the vessel is a replacement vessel: a. Notify the division in writing of the change in vessel;b. Provide for the replacement vessel applicable information required under: c. Send to the division a copy of the replacement vessel registration, if the vessel is required to be registered under New Hampshire law; andd. 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; orb. 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; andb. 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); or2. The conditions for the relocation of a mooring under Pda 504.02 have not been met; orb. 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); or2. 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: N.H. Admin. Code § Pda 505.03
#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)
Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12958, Effective 12/24/2019, Expires 12/24/2029.