Section Pda 603.02 - Business-Use Piers; Restrictions; Skiffs; Emergency Use Allowed(a) Only a commercial fishing vessel or commercial cargo vessel with a pier use permit shall be secured to a business-use pier, except as provided in (d), (f), and (g) below.(b) The loading or unloading of a commercial cargo vessel shall be allowed only in accordance with the terms of a written contractual agreement with the authority.(c) No vessel shall be left unattended while secured to a business-use pier, except:(1) A vessel with a berthing permit in the Portsmouth pier berthing area; or(2) A skiff with a skiff permit secured to a skiff dock.(d) No commercial fishing vessel or commercial cargo vessel shall be secured for more than 30 minutes, and no other vessel shall be secured at any time to a business-use pier, except a commercial fishing vessel with a berthing permit or as provided in (e) or (f) below, unless the vessel owner or operator requests permission to be so secured and the division director or an employee of the division: (1) Determines that one or more of the following applies:a. The volume or complexity of loading or offloading harvested seafood or equipment or both requires longer than 30 minutes;b. The vessel requires repairs or maintenance that take longer than 30 minutes;c. Weather or tide conditions make it hazardous for the vessel not to be secured to the pier;d. A medical emergency exists involving a passenger or crew member; ore. Failure to secure the vessel to the pier would result in an imminent and substantial hazard to navigation or to the safety of any person on board such vessel; and(2) Gives the owner or operator of the vessel oral permission to be secured to the pier, but only for as long as the situation creating the reason for the stay exists and space is available.(e) A commercial fishing vessel or a commercial cargo vessel waiting to unload cargo shall be allowed to be secured to a business-use pier between sunset and sunrise, if the operator of the vessel expects a vehicle to arrive before 12:00 noon to pick up the vessel's cargo. A vessel shall not remain secured to a business-use pier pursuant to this paragraph for more than 24 hours without seeking additional approval from the division pursuant to (d) above.(f) A vessel without a pier use permit may be secured to a business-use pier for up to 30 minutes, if the vessel operator requests permission to be so secured and the division director or an employee of the division:(1) Determines that: a. The securing of the vessel would not interfere with the use of the pier by another vessel approaching, departing from, or already secured to the pier; andb. The crew or passengers, or both, of the vessel are making use of state-owned facilities or other businesses located on the pier or associated facilities to obtain fuel, chandlery items, or another justifiable purpose; and(2) Gives the operator of the vessel oral permission to be secured to the pier, but only for as long as the situation creating the reason for the stay exists.(g) The holder of a mooring permit issued under Pda 505 for which a skiff permit has been issued under Pda 606.02 shall be allowed to tie one skiff at the designated skiff dock. Such skiff shall be identified by a skiff sticker issued under Pda 604.04 attached to the skiff in a conspicuous location.(h) No fishing shall be allowed from a business-use pier, or from a vessel attached to any business-use pier.(i) Vessel maintenance on a business-use pier shall be scheduled so as not to interfere with ongoing commercial activity in posted loading and unloading areas.N.H. Admin. Code § Pda 603.02
#8321, eff 10-1-05; ss by #10441, eff 11-1-13
Amended by Volume XXXVI Number 41, Filed October 13, 2016, Proposed by #11179, Effective 9/16/2016, Expires 9/16/2026.Amended by Number 50, Filed December 14, 2023, Proposed by #13806, Effective 11/17/2023, Expires 11/17/2033.