Section Saf-C 416.08 - Effect of Designation for Assisted Lake Protection(a) If the commissioner grants a petition to designate a lake for assisted protection, the order granting the petition shall: (1) Set the conditions under which the commissioner is granting the petition based on the information provided by the petitioners as specified in Saf-C 416.02(c);(2) Specify the manner in which assisted protection shall be implemented by the department;(3) State which of the laws or department rules summarized in Saf-C 416.08(d) below are to be addressed by the department as part of the assisted protection order; and (4) State the manner in which the petitioners and other volunteers identified by the petitioners will be required or permitted to assist the department in implementing assisted protection on the lake.(b) If the petitioners expressly request a hearing under RSA 270:12 as part of their petition, and the request is duly noticed and conducted in the manner required by RSA 270:12, the commissioner shall, if in compliance with Saf-C 409, as part of the order granting assisted lake protection, specify speed limits, horse-power limits, and restrictions on water-skiing and tubing to specified areas or particular time periods of the day.(c) The commissioner shall condition the granting of a petition on petitioners doing one or more of the following, either individually or acting through their lakes association(s): (1) Providing a specified number of individuals who will become volunteer members of the marine patrol auxiliary and provide service in such capacity on the designated lake during time periods specified by the commissioner;(2) Providing a specified number of volunteers who 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 periods specified by the commissioner as a "courtesy patrol" or in some other volunteer capacity specified by the commissioner;(3) Providing such equipment, training and other resources as the commissioner indicates is necessary to implement the volunteer activities necessary to implement assisted lake protection;(4) Requiring that volunteers certified under the training program specified in Saf-C 416.09(c) and Saf-C 416.10 procure and wear identifying clothing approved by the department when acting as volunteers on the lake; or(5) Requiring that, to the extent practical, signs be posted at access points to the lake or other prominent locations stating that the lake has been designated by the department for assisted protection and indicating the extent to which volunteers will be available to assist boaters on the lake.(d) The department's order granting assisted lake protection shall indicate that the department will implement assisted protection in order to fulfill its obligations with respect to one or more of the following laws or rules: (1) Those provisions of Saf-C 5100 regarding the waterbody in question and that addresses motor boat operators exceeding "no wake" limits, if any;(2)Saf-C 403.05 regarding fire extinguishers;(3)RSA 270-D:7 prohibiting the riding the gunwale of a boat or straddling its bow or transom;(4)Saf-C 403.07 regarding approved flame arrestors;(5)RSA 270-D:2, I regarding exceeding headway speed under bridges;(6)RSA 270-E:3 regarding unregistered boats on state waters;(7)RSA 270-D:2, regarding failure to yield right-of-way;(8)RSA 270:30 regarding persons under 16 operating a boat having greater than 25 horsepower;(9)RSA 270:33 regarding the improper use of an aquatherm;(10)RSA 270:44 regarding rafting violations; RSA 270:11 and Saf-C 403.11 regarding motor boats improperly equipped with sound reducing devices;(11)RSA 270-E:8 and the provisions of Saf-C 2306 regarding the improper display of registration;(12)RSA 270:26, III regarding attaching boats to buoys or navigational aids;(13)Saf-C 403.01 regarding required life preservers;(14)Saf-C 403.12 regarding required lighting on boats;(15)RSA 270-D:2, VI regarding unsafe passage at less than 150 feet;(16)RSA 270:31 regarding use of diving flag when scuba diving;(17)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;(18)RSA 270-D:3 regarding water ski violations;(19)RSA 270-D:5 regarding overloading;(20)RSA 270:37 regarding noise level testing and requirements;(21)RSA 482-A:12 regarding construction projects in wetlands without posted wetlands permit;(22) RSA 163-B regarding depositing litter in public waters; and(23)RSA 270:29-a regarding the operation of a motor boat in a careless or negligent manner, or in a manner that the lives and safety of the public are endangered.N.H. Admin. Code § Saf-C 416.08
#7322, eff 7-25-00; (See Revision Note #1 at chapter heading) renumbered by #9211 (formerly Saf-C 414.08); EXPIRED: 7-25-08
New.(See Revision Note #2 at chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.08 )
Amended by Volume XXXVIII Number 02, Filed January 11, 2018, Proposed by #12432, Effective 12/11/2017, Expires 12/11/2027.