Current through Register No. 50, December 12, 2024
Section Pda 506.11 - Temporary Seasonal Mooring Permit; Application Requirements; Processing(a) If a general use mooring permit holder or a shorefront property mooring permit holder makes the mooring location available for use as a temporary seasonal mooring, the permit holder shall notify the division in writing prior to March 1. The chief harbor master or designee shall follow the wait list procedures in Pda 509.06(b) to determine if any person on the wait list wishes to apply for a temporary seasonal mooring permit at the mooring location.(b) If a commercial use mooring permit holder makes the mooring location available for use as a temporary seasonal mooring, the permit holder shall notify the division in writing prior to March 1. The chief harbor master or designee shall follow the wait list procedures in Pda 509.06(c) to determine if any person on the wait list wishes to apply for a temporary seasonal mooring permit at the mooring location, provided that only a party engaged in bona fide commercial activity as provided in Pda 506.08(b), (c), or (d) shall qualify for a temporary seasonal mooring at the mooring location.(c) The chief harbor master or designee shall notify the person highest on the wait list contacted under (a) or (b) above who expresses a timely interest in obtaining a temporary seasonal mooring permit that the person may file a temporary seasonal mooring application for the available mooring location. At the same time, the chief harbor master or designee shall provide the person with contact information of the person whose mooring equipment is in place at the mooring location.(d) Within 10 business days of the notification under (c) above, a temporary seasonal mooring permit applicant shall complete a temporary seasonal mooring permit application.(e) An applicant for a temporary seasonal mooring permit for a:(1) General use mooring shall make an application for a temporary seasonal general use mooring in accordance with Pda 506.06(a)-(d); and(2) Commercial use mooring shall make an application for a temporary seasonal commercial use mooring, in accordance with Pda 506.08(a)-(f).(f) Upon receipt by the division of a temporary seasonal mooring permit application form for a: (1) Temporary seasonal general use mooring permit, the chief harbor master or designee shall verify that: a. The applicant has provided all applicable information requested on the application;b. A photocopy of the current New Hampshire state registration is attached to the application unless the vessel is not required to be registered under New Hampshire law;c. A photograph of the vessel is attached to the application, if the vessel is not required to be registered under New Hampshire law;d. The vessel information on the New Hampshire state registration is the same vessel information provided on the application, if the vessel is required to be registered under New Hampshire law;e. The mooring location is sufficient to accommodate the applicant's vessel;f. The mooring permit fee is paid, and, if paid by check or money order, is made payable to "Pease Development Authority, Division of Ports and Harbors" or "PDA-DPH" and is attached to the application;g. There is no reason to deny the application under Pda 507.02; andh. The applicant has signed and certified the application; and(2) Temporary seasonal commercial use mooring permit, the chief harbor master or designee shall verify that:a. The applicant has provided all applicable information and documentation required on the application;b. A copy of the current New Hampshire commercial vessel state registration is attached to the application;c. The vessel information on the New Hampshire state registration is the same vessel information provided on the application;d. The mooring location is sufficient to accommodate the applicant's vessel;e. 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;f. The applicant has provided proof of bona fide commercial activity under (b) above;g. There is no reason to deny the application under Pda 507.02; andh. The applicant has signed and certified the application.(g) Within 30 business days of receipt of the application by the division, the chief harbor master or designee shall grant or deny the application consistent with the provisions of Pda 507.02.(h) If the applicant is granted a temporary seasonal mooring permit under Pda 507, and meets the requirements of (f) 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.(i) If a temporary seasonal mooring permit is granted pursuant to Pda 507 between April 1 and September 30, and the temporary seasonal mooring permit holder supplies his or her own mooring equipment, the permit holder shall have 30 business days from the date of issuance of the mooring permit to set the mooring equipment in accordance with Pda 510.(j) A mooring permit holder who has made a mooring location available for use as a temporary seasonal mooring shall: (1) Not use the mooring during the time period covered by the temporary mooring permit; and(2) Be able to make the mooring location available for use as a temporary seasonal mooring again only after at least one mooring season has elapsed after the mooring's use as a temporary seasonal mooring location.N.H. Admin. Code § Pda 506.11
#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.