N.H. Admin. Code § Saf-C 408.18

Current through Register No. 36, September 5, 2024

Section Saf-C 408.18 - Public Mooring Field Operators

(a) All public mooring fields shall have an operator. The operator shall provide the department with an emergency telephone number where a person who is responsible for the mooring field can be reached at all times.

(b) Operators of public mooring fields may include:

(1) Government entities;

(2) Corporations; or

(3) Other persons.

(c) The operator shall:

(1) Be responsible for the overall maintenance of the mooring field to ensure that the moorings are kept in good condition;

(2) Assign available moorings to the public as requests for moorings are received; and

(3) Maintain records that indicate:

a. The person to whom the mooring has been assigned, including his/her address and telephone number;

b. Fees charged for use of the mooring;

c. Length of time for which the mooring has been assigned, which shall include the date the mooring was issued;

d. Type of boat attached to the mooring, including make and model; and

e. Boat registration number, if required; and

(4) Have the records available for inspection by the director or his /her agents during weekday working hours.

(d) An operator may request a waiver from the director if it appears that restricting 50 percent of the total number of available moorings for limited terms of use is an improper percentage. The operator's request for a waiver shall be in writing and shall include reasons for the waiver.

(e) Upon receipt of a request for a waiver pursuant to (d) above, the director shall grant a waiver if he finds the following:

(1) There are other public mooring fields on the lake available for limited term use;

(2) The average occupancy, based upon the records kept by the operator, indicates that the public's limited term use of the moorings is less than 50 percent;

(3) There have not been complaints or any other testimony received from the public regarding the lack of availability of moorings; and

(4) The tourist population demand for limited term use moorings is less than 50 percent.

(f) The director shall notify the operator, in writing, of his decision regarding the request for a waiver.

N.H. Admin. Code § Saf-C 408.18

#8172, eff 9-21-04 (from Saf-C 408.15 ); ss by #10293, eff 3-20-13