N.H. Admin. Code § Pda 511.03

Current through Register No. 50, December 12, 2024

Section Pda 511.03 - Commercial Use Mooring Permit Application Form

(a) Each person seeking a commercial use mooring permit or temporary seasonal commercial use mooring permit as provided in Pda 506.11(e)(2) shall complete a commercial use mooring permit application form provided by the division and hand deliver or mail the completed application to:

Pease Development Authority

Division of Ports and Harbors

555 Market Street

Portsmouth, NH 03801

(b) The applicant shall provide the division the following information utilizing the "Commercial Mooring Permit Application Form":

(1) The applicant's full legal name:

(2) The name and address of the applicant's business;

(3) The name of a business contact person and the best way to contact that person;

(4) The applicant's mailing address, if different from the permanent address;

(5) Whether the business is a fishing, charter, or water-dependent business;

(6) Which address the applicant requests be used as the correspondence address by the division, if different from the permanent address;

(7) The applicant's type of business organization;

(8) The applicant's telephone number(s) including:

a. Business telephone number;

b. Home telephone number;

c. Business fax number, if the applicant has a business fax number;

d. Emergency telephone number; and

e. Cell telephone number, if different from permanent telephone number;

(9) The applicant's e-mail address, if the applicant has an e-mail address; and

(10) The following information pertaining to the vessel:

a. Vessel name;

b. New Hampshire state registration number;

c. Vessel LOA;

d. Vessel draft;

e. Vessel color; and

f. Type of vessel, including whether the vessel is a fishing or charter vessel.

(c) The applicant shall attach:

(1) A photocopy of the current New Hampshire state registration for the commercial vessel listed on the mooring permit application;

(2) For every business organization, except a sole proprietorship:

a. A statement describing whether the organization is:

1. A partnership, including type of partnership;

2. A corporation;

3. A limited liability company;

4. A trust, including type of trust;

5. An association; or,

6. Another entity, including a description of such entity's organizational structure;

b. A list of its directors, officers, partners, managers, trustees, or members, as applicable; and

c. A description of its purpose;

(3) For every business organization, except a sole proprietorship or general partnership, proof of authorization from the secretary of state to do business in New Hampshire;

(4) For every trust and unincorporated business organization including, but not limited to, partnerships and unincorporated associations, a copy of its governing instrument(s);

(5) If the business organization is a sole proprietor doing business in this state under any other name than his own, a partnership, association, or any other entity required to register a trade name with the New Hampshire secretary of state pursuant to RSA 349:1, a copy of the certificate of trade name issued by the secretary of state;

(6) If the applicant is engaged in commercial fishing:

a. 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

b. 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;

(7) If the applicant operates a charter boat:

a. 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, member, or employee of the business entity, for the type and size of vessel of the applicant; and

b. A minimum of 2 items of business identification from the following list:

1. A business brochure;

2. A photocopy of the passenger manifest or log book for the most recent month prior to the application;

3. A photocopy of receipt(s) for business advertisement(s) commissioned within the most recent 12 months prior to this application; and

4. Evidence of membership in a business or marine-related trade association, including, but not limited to:

(i) A current membership card; or

(ii) A letter from an officer of the association attesting to the current membership of the applicant in the association;

(8) If the applicant is a water-dependent business, 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;

(9) An explanation of how the commercial vessel is used to further the purposes of the water-dependent business as defined in Pda 502.31(a) or (b) as applicable; and

(10) 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."

(d) By signing the form, the applicant shall certify the following:

(1) If the vessel owner is other than an individual: "I hereby certify that the applicant uses the vessel described in this application primarily for commercial purposes and that such vessel is not used for noncommercial use for more than 14 days cumulatively during the period from April 1 to March 31. I also certify that I am duly authorized on behalf of the applicant to make the foregoing certification;"

(2) If the vessel owner is an individual: "I hereby certify that I use the vessel described in this application primarily for commercial purposes and that such vessel is not used for noncommercial use for more than 14 days cumulatively during the period from April 1 to March 31";

(3) "I hereby certify that I, or the business organization that I represent, release and indemnify Pease Development Authority and hold Pease Development Authority harmless from any and all claims or liability which may arise on account of the use of the mooring;"

(4) If the application is for a temporary seasonal mooring permit: "I hereby certify that if I, or the business organization that I represent, enters into an agreement with the mooring permit holder to use the mooring equipment presently located at the mooring site, I acknowledge that the mooring equipment is not owned or maintained by the Pease Development Authority and that the Pease Development Authority makes no representation as to the condition of the mooring equipment or its suitability for my intended use;" and

(5) "I hereby certify that the statements and information in the enclosed documents are to the best of my knowledge and belief true, accurate and complete. I am aware that my mooring permit or placement on a mooring wait list may be withdrawn by the Pease Development Authority for submitting false statements or information or omitting required statements or information."

(e) The applicant shall sign and date the application.

N.H. Admin. Code § Pda 511.03

#7940, eff 8-23-03; amd by #8184, eff 10-1-04; 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.