N.H. Admin. Code § Pda 506.08

Current through Register No. 50, December 12, 2024

Section 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.

N.H. Admin. Code § Pda 506.08

#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.