N.H. Admin. Code Saf, Saf-C, ch. Saf-C 400, app I
The Petition is granted. The Effect of Designation for Assisted Lake Protection pursuant to Sat-C 416.08 follows:
Date: -_1/29/01 ---------_ ---------------------
Richard M. Flynn Commissioner of Safety
Saf-C 416.08The Effect of Designation for Assisted Lake Protection
It is hereby orderedthat the Squam Lakes Association shall meet the conditions set forth within their accepted petition and by this order and in accordance with Saf-C 416.02(c) and shall remain until removal of such designation. The Petitioners shall assist the goals of the Department of Safety in educating the boaters who use Squam Lake and Little Squam Lake and to reinforce the purpose established within RSA 270:1. The Squam Lakes Association shall provide not less than ten (10) individuals who shall support assisted lake protection with voluntary members of the Marine Patrol Auxiliary. The auxiliary members shall assist the marine patrol officers assigned to Squam Lake and Little Squam Lake during daylight hours, between the hours of 10 a.m. and dusk, on Saturday, Sunday and any state or federal holidays that are observed on a Friday or Monday. The assignments shall commence from the beginning of the weekend of Memorial day, through and including the Labor Day weekend each year. The Squam Lakes Association shall determine specific terms of assignment of volunteer Marine Patrol Auxiliary to establish coverage for the hours and days scheduled.
The manner in which assisted protection shall be implemented by the department; shall be set forth below in agreement with Saf-C 416.08(a)(2). The departments order granting assisted lake protection is summarized as a part of the assisted protection order and as set forth in the purpose listed within Saf-C 416.01. The purpose of this part is to fulfill the department's obligations pursuant to RSA 270:1, including:
(1) Protection of public safety and property;
(2) Supervision of the safety of navigation and aids to navigation;
(3) Maintenance of residential, recreational and scenic values which New Hampshire public waters provide to residents of the state;
(4) Promotion of the state's tourist industry;
(5) Consideration of the special uses appropriate to the state's lakes;
(6) Protection of the environment and water quality; and
(7) Protection and nurturing of the state's threatened and endangered species.
The Squam Lakes Association shall provide the department with an additional means for fulfilling its obligations as stated in RSA 270:1, and its obligations under RSA 270:11, I(b) to monitor the operation, of boats used on the public waters of the state, by providing a mechanism for responding to citizen petitions to interact with the department, on a volunteer basis, as part of a departmental plan to regulate the operation of boats on the lake that is the subject of the petition. In furtherance of this goal, in Saf-C 416.01(a) and Saf C 416.08 the department paraphrases or refers to certain provisions of New Hampshire law and department rules. The laws or department rules summarized are addressed within this order and described as follows:
RSA 270:11 and Saf-C 402 regarding motor boat operators exceeding "no wake" limits;
RSA 270-D:2, I regarding exceeding headway speed under bridges;
RSA 270-E:3 regarding unregistered boats on state waters;
RSA 270,44 regarding rafting violations; RSA 270:11 and Saf-C 403.11 regarding motor boats improperly equipped with sound reducing devices;
RSA 270-E:8 and the provisions of Saf-C 2304 regarding the improper display of registration
RSA 270:11 and Saf-C 403.01 regarding required life preservers;
RSA 270:11 and Saf-C 403.12 regarding required lighting on boats;
RSA 270-D: 2, VI regarding unsafe passage at less than 150 feet;
RSA 270:30-a regarding the transportation of a child under the age of 5 in a boat without the child wearing a life preserver;
RSA 270-D: 5 regarding overloading;
RSA 163-B regarding depositing litter in public waters; and
RSA 270:29-a regarding the operation of a motor boat in a careless or negligent manner, or in a manner which unreasonably or unnecessarily endangers life, wildlife, the environment, limb or property.
The volunteers, shall be certified under the training program specified in Saf-C 416.09(c) prior to serving as a volunteer, and who either as part of a lakes association or otherwise will agree to serve on the lake during the periods specified.
The Squam Lakes Association shall provide such equipment, training and other resources as the commissioner indicates is necessary to implement the volunteer activities necessary to implement assisted lake protection. As established within the petition, each boat shall be equipped with a VHF radio equipped with the proper frequency(s), and provide additionally two similarly equipped radios for the two Marine Patrol Officers assigned to the lakes. The Department of Safety shall require volunteer Marine Patrol Auxiliary members while on duty in such capacity to wear a uniform, only as designated and provided by the Department of Safety. Any boat used by a volunteer Marine Patrol Auxiliary member shall, while on duty, be equipped with a placard as designated and provided by the Department of Safety to identify the boat employed.
The volunteer Marine Patrol Auxiliary members shall be certified under the training program specified in Saf-C 416.09(c) and Saf-C 416.10. This shall be required prior to acting as volunteers on the lake 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. 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.
The volunteer Marine Patrol Auxiliary members shall assist the department at public boat launches and any other launch sites to the extent practical assisting in courtesy boat inspections. Marine Patrol Auxiliary members shall not stop any boat; understand there is no power of arrest and no ability implied that a boat or the occupants may be detained.
The volunteer Marine Patrol Auxiliary members shall act as the 'eyes and ears' of the Department of Safety for the purposes outlined within the petition of the Squam Lakes Association and pursuant to the provisions of RSA 270:1 and RSA 270:11. This shall include speaking on the subject of boating safety to those who show an interest; issue boating safety information as provided by the Squam Lakes Association after approval by the Department of Safety or as provided by the department; and, assist boaters who seek directions and other general information.
The Squam Lakes Association, to the extent practical, shall provide or assist in signs being posted. The signs shall be located at access points to the lake or other prominent locations. The department prior to signs being posted shall approve the signs for content, size and location. The sign(s) shall state that the lake(s) have been designated by the department for assisted protection and indicating the extent to which volunteers will be available to assist boaters on the lake(s).
N.H. Admin. Code Saf, Saf-C, ch. Saf-C 400, app I