Section Saf-C 416.09 - Training and Activities of Volunteers(a) In order to facilitate the implementation of assisted protection, petitioners may offer to the department, as part of their petition as specified in Saf-C 416.02(c)(5)a., volunteers trained and certified under Saf-C 416.09(c) and Saf-C 416.10. (b) In addition, petitioners, if members of a non-profit entity which is entitled to the limitations on liability provided to non-profit organizations under RSA 508:17, shall take the steps required by RSA 508:17 to obtain such limitations on liability for the benefit of their members who serve as volunteers on the lake in connection with the assisted lake protection program on a lake.(c) A person, either individually, or as part of a lake association, shall participate in a training course described in Saf-C 416.10, for the purpose of receiving volunteer training to understand the requirements of New Hampshire law with regard to navigational safety, safe boat operations, boating equipment and safety, and environmental issues affecting lakes. (d) The training course in (c), above, may be provided directly by the department or through private courses offered by private instructors approved by the commissioner as specified in Saf-C 416.10.(e) A person shall be certified under this rule prior to engaging in any assisted lake protection volunteer activities.(f) Each person who completes the course offered by the department or by a private instructor approved by the department shall be issued a certificate of completion in the form specified in Saf-C 416.10.(g) Such certified volunteers shall, to the extent practical, inform the marine patrol or auxiliary marine patrol of the times and dates that they plan to perform volunteer activities on a lake, either by providing schedules to the marine patrol bureau or by informing the marine bureau by telephone, radio, or otherwise that they are engaged in volunteer activities.(h) If a certified volunteer relays information under Saf-C 416.09(l) to the marine patrol bureau, a marine patrol officer, or member of the marine patrol auxiliary, the marine patrol bureau, marine patrol officer, or member of the marine patrol auxiliary shall, as promptly as possible, respond to the information provided by the certified volunteer, and where appropriate provide assistance.(i) Certified volunteers shall not stop, board, or detain other vessels.(j) If approached by other boaters who request assistance, certified volunteers shall assist in contacting a marine patrol officer or auxiliary marine patrol officer for guidance, if practical to do so. If volunteers certified under the training program described in (c) above are approached by a boat, they shall identify themselves as having been so certified, and may offer to provide a courtesy boating safety and education check.(k) If an operator fails any such check, the certified volunteers shall provide the operator with information concerning how to learn more about boating operations and safety, including but not limited to available written materials on navigational rules and boating safety, and classes on navigation and boating safety.(l) Such certified volunteers, when engaged in volunteer activities on the lake, shall be trained to exercise discretion when observing and relaying information to the marine patrol bureau, or available marine patrol officers and auxiliary marine patrol officers concerning the following: (1) Boating traffic conditions and any problems observed with regard to such boating traffic conditions;(2) All violations, as outlined in the NH Boater's Guide, and any other boating activities prohibited by New Hampshire law;(3) Any missing navigational markers, light buoys, and signs, upon becoming aware of their being missing;(4) Any observed dumping or pumping of gray water and human waste into public waters in violation of RSA 487:1 through 14, or other applicable law, as well as other forms of pollution prohibited by law so that the marine patrol bureau can further investigate and if necessary, report these violations to the appropriate agency;(5) Any observed violations of New Hampshire law pertaining to wildlife conservation so that the marine patrol bureau can further investigate and if necessary, report these violations to the appropriate agency; and(6) The location of exotic weeds such as milfoil, and spillage of petroleum, observation of such items in the water, and on boats and trailers shall, where practical, be reported with boat bow numbers if possible.(m) Volunteers may also: (1) Record and report to the marine patrol bureau the accurate location of navigational aids using global positioning satellite coordinates; and(2) Distribute NH Boater's Guides, boating education information, or other safety and boating related materials.(n) The "N.H. Boater's Guide" referenced in (l)(1) and (m)(2), above, means the publication provided by the department pursuant to RSA 270-D:2-a and b, that is a compilation of safe boating information including vessel registration, safety equipment, boating regulation, navigational rules, and aquatic safety. N.H. Admin. Code § Saf-C 416.09
#7322, eff 7-25-00; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.09); EXPIRED: 7-25-08
New.(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.09 )
Amended by Volume XXXVIII Number 02, Filed January 11, 2018, Proposed by #12432, Effective 12/11/2017, Expires 12/11/2027.