Section Pda 604.02 - Granting of Annual Pier Use Permits; Modification, Duration, and Transferability(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 business;(3) The owner or operator of a commercial cargo vessel; and(4) The owner or operator of a charter boat.(c) Any person listed under (b) above may make application for an annual pier use permit by: (1) Submitting a completed application form as described in Pda 609.01 to the division; and(2) Paying the annual pier use permit fee.(d) An annual pier use permit shall allow:(1) A commercial fishing vessel to be secured to the Portsmouth, Rye Harbor, and Hampton Harbor business-use piers and to use division hoists on these piers;(2) An off-site business that needs access to facilities at a business-use pier for its business purposes to access such pier(s);(3) A commercial cargo vessel to be secured to the Portsmouth, Rye Harbor, and Hampton Harbor business-use piers, provided that the loading or unloading of cargo shall be allowed only in accordance with the terms of a written contractual agreement with the authority; or(4) A charter boat to be secured to the recreational-use piers at Rye Harbor and Hampton Harbor between the hours of sunrise and 11:59 p.m., provided that loading or unloading of passengers shall be allowed only in accordance with the terms of a written contractual agreement with the authority.(e) The holder of an annual pier use permit shall be permitted to remain secured to the pier to conduct its business that requires use of the pier only as long as necessary to complete its business, provided that the time period shall not exceed 12 hours.(f) An annual pier use permit shall be valid for a one-year period from January 1 to December 31. All annual pier use permits issued during the time period from January 1 to December 31 shall expire on December 31.(g) Annual pier use permits shall not be transferable.(h) An annual pier use permit for a commercial fishing vessel, commercial cargo vessel, or charter boat shall be modified by substitution of a modified or replacement vessel for the vessel identified in the permit if the following conditions are met: (1) The permit holder provides to the division, at least 14 days before making use of the modified or replacement vessel under the annual pier use permit:a. Written notice of any changes to vessel information under Pda 609.01(b)(11); andb. If there is a new registration for the vessel, a copy of such registration; and(2) Before making use of a modified or replacement vessel under the annual pier use permit, the permit holder pays 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.(i) The expiration date of a permit modified under (h) above shall be the same as the originally issued permit.(j) Modification of an annual pier use permit under (h) above shall not result in modification of a berthing permit issued in conjunction with the annual pier use permit. A berthing permit shall be modified in accordance with Pda 606.07.(k) In order to maintain updated information with the division, each permit holder shall notify the division in writing, within 30 days of the change, of any changes to information required pursuant to Pda 609.01(b)(1)-(10).N.H. Admin. Code § Pda 604.02
#8321, eff 10-1-05; ss by #10441, eff 11-1-13
Amended by Number 50, Filed December 14, 2023, Proposed by #13806, Effective 11/17/2023, Expires 11/17/2033.