The publisher does not state since when this version applies. Read on 2007-06-19.
Copy read on 2026-11-08 from the Internet Archive's copy of 2007-06-19, because the publisher's site refused Solon's reader. It is not the publisher's own copy. The archived copy it was read from
All towns and cities within the confines of which there are ports, harbors, or navigable tide rivers of the state which are subject to the jurisdiction of the authority, or the division acting on behalf of the authority, shall retain all the powers of such town or city relative to such ports, harbors, and navigable tide rivers and the lands abutting the same, excluding lands located within the boundaries of the former Pease Air Force Base, so long as the authority has not by positive action or definite rule or regulation preempted the jurisdiction hereof. No town or city shall have any jurisdiction over the land or activities at the former Pease Air Force Base except as specifically authorized under other provisions of this chapter.
Source. 2001, 290:6, eff. July 1, 2001.
The authority, acting through its division of ports and harbors, shall be responsible for the former functions, duties, and responsibilities of the port authority and shall have the following powers and duties in addition to any other powers and duties set forth in this chapter:
I. Have the authority to make all necessary arrangements with port authorities of other states and federal departments, agencies, and foreign countries and their port entities for the interchange of business, for the security of ports, division property, and state tidal waters, and for such other purposes as will facilitate and increase the commerce of the ports and state tidal waters.
II. Establish offices for the transaction of division business at such places as, in the opinion of the authority, shall be advisable and necessary in carrying out the purposes hereof.
III. Be authorized and empowered to appoint and compensate a chief harbor master, a deputy chief harbor master, and one or more harbor masters for communities within the confines of which there are ports or state tidal waters who will enforce the directives of the authority and the division, including but not limited to the placement of moorings, the assignment of anchorage areas, and the movement of traffic. The authority may appoint one or more assistant harbor masters at any such place to assist the chief harbor master, the deputy chief harbor master, or one or more harbor masters in carrying out any of their duties. Any person appointed by the authority as a chief harbor master or deputy chief harbor master shall hold a valid and current certification as a full-time police officer in accordance with RSA 188-F:27 and any rules adopted thereunder.
IV. Be authorized and empowered to contract with and secure the services of a port terminal operating firm, subject to approval of governor and council, for the purpose of having such firm operate a part or all of the facilities of the authority, including piers, wharves, docks, warehouses, parking and storage areas, or other facilities owned or leased by the authority acting through the division, with such operating firm having the exclusive right to operate the business of a port terminal operator and stevedore, including but not limited to the handling of cargo, the collection of fees from wharfage and dockage and other marine terminal operations, the maintenance and security of the premises, and the promotion, encouragement, and solicitation of business for such port facility or facilities. Such contract with an operating firm shall include the following provisions:
(a) Said firm shall file with the division for its approval a tariff clearly defining the terms "wharfage" and "dockage" and the charges to be made therefor;
(b) The amount of minimum payments per year satisfactory to the authority to be paid to it for the exclusive right to operate upon the marine terminal, as described in the contract, the business of a port terminal operator and stevedore;
(c) The amount retained by said firm from all fees for which it is accountable, said amount being a percentage to cover administrative costs of collection;
(d) Said firm to supply a ship's manifest for every vessel using said facilities;
(e) Said firm to provide a performance bond in an amount and form acceptable to the authority, as well as insurance in amounts acceptable to the authority for fire and extended coverage, public liability, property damage, and other risks as required by the authority, the insurance company or companies to be licensed to do business in New Hampshire and to be acceptable to the authority;
(f) Said firm to file quarterly reports with the division indicating the amount of all fees for which it is accountable to the authority, the amounts collected, and the amounts retained, with a certified audit prepared by a certified public accountant submitted annually;
(g) Such other appropriate provisions which in the opinion of the attorney general will carry out the intent of this section and best protect the interest of the authority and of the state.
V. Be authorized and empowered, in lieu of the provisions set forth in paragraph IV, to undertake the business of a port terminal operator and stevedore as to any division property, including but not limited to the handling of cargo, the setting and collection of fees from wharfage and dockage and other marine terminal operations, the maintenance and security of the premises, and the promotion, encouragement, and solicitation of business for such port facility or facilities. In undertaking the business of a port terminal operator or stevedore on any division property the authority may exercise any of the powers granted it under this chapter. Notwithstanding any other provision of this chapter, any person granted by the authority a non-exclusive lease or license relative to division property who, pursuant to such lease or license, handles or manages or in any way participates in the handling or management, including but not limited to, the loading, unloading, stockpiling, storing, or other transfer, of cargo owned, controlled, or otherwise lawfully in the possession of or being delivered to or from any such non-exclusive lessee or licensee shall not be deemed to be operating the business of a port terminal operator and stevedore as set forth in paragraph IV.
VI. Administer and enforce permit programs for the placement and use of moorings and state-owned slips in state tidal waters, including waiting lists for such permits.
VII. Set and collect fees for mooring and state-owned slip permits and waiting lists for such permits. The authority shall establish fees for state-owned slips in ports, harbors, and state tidal waters. Fees shall not be charged for state-owned slips in ports, harbors, or state tidal waters securing vessels discharging cargo that is subject to the federal Harbor Maintenance Tax imposed pursuant to 26 U.S.C. sections 4461-4462. The fees for state-owned slips shall be paid into the harbor dredging and pier maintenance fund established under RSA 12-G:46.
VIII. Install and continually maintain a uniform system for marking the intercoastal waters of the state including the state ports and state tidal waters not presently marked by the United States Coast Guard, using funds collected from the fees required under RSA 270-E:3, III, and any other funds so appropriated. Said marking system shall be installed on an incremental basis and maintained as necessary.
IX. Have the responsibility for and jurisdiction over state-owned commercial piers and associated facilities, including the establishment of permit programs and wait lists for vessels securing to or berthing at state-owned piers and associated facilities, and the establishment of fees associated with the implementation of such permit programs, including fees for vessels secured to or berthed at state-owned commercial piers in a manner not authorized under rules of the division adopted under this chapter. The authority shall also operate, maintain, and manage the parking facilities at all state-owned commercial piers and associated facilities and shall be authorized to establish permit programs and fees or to otherwise charge for the use of parking at such piers and facilities, including fees or charges for vehicles or trailers parked at state-owned commercial piers or associated facilities in a manner not authorized under rules of the division adopted under this chapter.
X. Adopt rules, pursuant to RSA 541-A, relative to:
(a) Port captains, pilots, and pilotage.
(b) Harbors and harbor masters.
(c) The terms, conditions, and procedures under which the division shall issue, suspend, revoke, deny, or approve permits required under this chapter for moorings and state-owned slips.
(d) State-owned commercial piers and associated facilities, including without limitation the terms, conditions, and procedures under which the division shall issue, suspend, revoke, deny, or approve permits authorized under this chapter relative to the use of state-owned commercial piers and associated facilities and such other rules as the division deems necessary for the proper and safe use, operation, and management of such commercial piers and associated facilities.
XI. Adopt rules, after obtaining prior approval by the fiscal committee of the general court and the board, relative to the setting and collecting of fees authorized under RSA 12-G:38, relating to foreign trade zones; RSA 12-G:42, IV and V, relating to wharfage, dockage, and other marine terminal operations; RSA 12-G:42, VI, relating to moorings, state-owned slips, and wait lists; RSA 12-G:42, IX, relating to state-owned commercial piers and associated facilities; RSA 12-G:49-a, relating to pilotage; and any other matter necessary for the proper administration of the division with respect to the setting and collecting of fees. The rules adopted under this paragraph shall not be subject to the provisions of RSA 541-A, so as to provide the authority with the ability to maximize revenues and to adjust fees according to market conditions and trends as is the common practice in private industry. Fees established pursuant to this paragraph shall be consistent with the following criteria:
(a) Fees relating to the establishment and operation of foreign trade zones shall be designed to recover a reasonable portion of budget expenses consistent with the purposes of RSA 12-G:38. The general court does not intend that such fees cover all of the budget expenses associated with the implementation of RSA 12-G:38.
(b) Fees relating to wharfage, dockage, and other marine terminal operations shall be comparable with the fees for wharfage, dockage, and other marine terminal operations assessed by other port authorities and other marine terminal operators and stevedores in the United States.
(c) Fees relating to the mooring permits and mooring wait lists shall be designed to recover all of the budget expenses associated with implementation of the mooring permit and wait list system as well as a reasonable portion of the budget expenses consistent with the purposes of RSA 12-G:42, III, VI, and VII; RSA 12-G:43, I(a) and (c); and RSA 12-G:50.
(d) Fees relating to slips shall be designed to be proportional to the fees for moorings established under subparagraph (c).
(e) Fees relating to state-owned commercial piers and associated facilities shall be established giving due consideration to the fees for use of similar privately-owned facilities.
(f) Fees relating to pilotage shall be comparable with the pilotage fees assessed by other port authorities in the United States.
XII. Encourage any contractor bidding on a division project at the port of Portsmouth which is funded through the division or the state of New Hampshire, to employ the maximum possible number of New Hampshire residents. For the purposes of this paragraph, "resident" shall mean any person maintaining a dwelling within the state of New Hampshire who has a present intent to remain within the state for a period of time.
XIII. Have the authority to create and maintain a special account within the Pease Development Authority Ports and Harbors Fund established in RSA 12-G:37 for the purpose of providing funds for capital improvements, equipment, maintenance, and repair of division property. The authority shall deposit in the special account up to 50 percent of any rent revenue generated by the lease or license of division property for bulk or container cargo storage, pursuant to RSA 12-G:8, V, which exceeds the operating expenses of the division, as determined under RSA 12-G:37. The special account shall be nonlapsing and continually appropriated to the division for the purpose of initiating and implementing capital improvements, equipment purchases, maintenance projects, and repair of division property.
XIV. Be authorized to enter into a memorandum of agreement with the Department of the Army concerning the construction of the Shoreline Erosion Control Demonstration Project in Seabrook, New Hampshire, as authorized by Section 227(3) of the Water Resources Development Act of 1996, Public Law 104-303, as amended. Incident to the execution of the agreement and the acceptance of federal aid, the authority is authorized to take all actions required of the authority under the agreement, including, but not limited to:
(a) Execute an indemnification agreement in the name of the authority and the state with and for the benefit of the United States for damage arising from construction, operation, maintenance, repair, replacement, rehabilitation, monitoring and adaptive management of the project;
(b) Accept, as between the Corp of Engineers and the authority, the obligations imposed on an operator of the project under the federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA) of 1980, 42 U.S.C. section 9601, et seq., as amended;
(c) Operate, maintain, repair, replace and rehabilitate the project or any functional portion of the project upon notification from the department;
(d) Provide or acquire all lands, easements, rights of way, and suitable borrow and dredged or excavated material disposal areas that the Department determines the authority must provide for the construction, operation, maintenance, repair, replacement, rehabilitation, monitoring and adaptive management of the project; and
(e) Bear half the costs for services provided in connection with non-binding alternative dispute resolution as may be necessary under the agreement.
Source. 2001, 290:6, eff. July 1, 2001. 2003, 242:10, eff. July 8, 2003. 2004, 2:5, 6, eff. March 5, 2004. 2005, 269:9-14, 17, eff. Jan. 1, 2006.
I. There is established within the authority a division of ports and harbors. The division of ports and harbors shall:
(a) Plan for the maintenance and development of the ports and state tidal waters from the head of navigation to the seaward limits within the jurisdiction of the state, in order to foster and stimulate commerce and the shipment of freight through the state's ports and, as an agency of the state, to assist shipping, and commercial and industrial interests that may depend on the sea for transport of products, including such interests as may be desirous of locating in tidewater areas of the state; as well as to encourage the establishment of accommodations for the boat traveler, the area boat owners, the pleasure fishermen, and others who pass up and down our coast line or in its tributaries.
(b) Aid in the development of salt water fisheries and associated industries.
(c) Cooperate with any agencies or departments of the federal government in planning the maintenance, development, and use of the state ports and state tidal waters.
(d) Plan, develop, maintain, use, and operate a heliport facility on property owned or controlled by the division. The division shall cooperate with departments, agencies, authorities, or commissions of the federal, state, or local governments and accept grants, aid, or services from such agencies in the carrying out of this purpose. Such authorization relating to heliport facilities shall include and be governed by all other provisions of this chapter.
(e) Maintain at all times a complete inventory of division property and port projects.
(f) Perform such other duties and functions relating to the administration, management, and operation of division property and division projects as are assigned to division by the authority.
II. The governor and council shall appoint a director of the division of ports and harbors who shall be qualified by education and experience and who shall hold office for a term of 5 years. Whenever an appointment of the director of the division is to be made, the board may make recommendations to the governor and submit such recommendations to the governor for the governor's consideration; however, the governor shall not be bound by such recommendations. The governor and council shall have authority to remove the director of the division as provided in RSA 4:1. The director of the division shall be the administrative officer of the division and shall have general and active supervision and direction over the day-to-day business and affairs of the division and its employees, subject, however, to the direction and control of the board and the executive director. The division director shall perform all such other duties as from time to time may be assigned by the board or the executive director. The division director shall also be the secretary of the division of ports and harbors advisory council, shall keep a record of the proceedings of the council, and shall be the custodian of all books, documents, and papers filed with the division or the ports and harbors advisory council. The division director shall have the power to cause copies to be made of all minutes and other records and documents of the council and to give certificates under the seal of the authority to the effect that such copies are true copies, and all persons dealing with the division or authority may rely upon such certificates. In addition to the classified employees of the division, the division director, with the concurrence of the executive director, may employ such assistants and clerical and administrative staff as are within the limits of funds available for that purpose. The salary of the division director shall be established by the board.
Source. 2001, 290:6, eff. July 1, 2001. 2003, 242:11, eff. July 8, 2003.
12-G:44 Division of Ports and Harbors Advisory Council.
I. There is hereby established a division of ports and harbors advisory council consisting of 8 members, 6 of whom shall be appointed by the governor, with the advice and consent of the council. At least 3 of said appointive members shall be residents of the cities and towns of the seacoast region or state tidal waters and at least one appointive member shall be a commercial fisherman engaged in that industry on the seacoast, and each shall serve for a term of 5 years. Said members shall serve until their successors are appointed and qualified. Any vacancy occurring in the membership of the appointive members shall be filled by the governor and council for the unexpired term. In addition to the 6 appointive members, the commissioner of the department of resources and economic development, or designee, and the mayor of the city of Portsmouth, or designee, shall be, by virtue of their offices, members of the council.
II. The council shall elect one of its members as a chairman, one as a vice-chairman, and one as a treasurer. The members of the council shall receive no compensation for their services; but their reasonable expenses, incurred in the performance of their duties, shall be paid by the state. The council shall have the right to establish bylaws for the management of its affairs within the meaning of this chapter and the laws of the state. The division shall provide the council with the administrative support necessary to carry out its responsibilities under this chapter.
III. The council shall consult with and advise the division director with respect to the policy, programs, and goals of the division, the operation of the port, the selection of harbor masters and assistant harbor masters, and the procurement of services of a port terminal operating firm. In order to accomplish said purposes, the council shall meet with the division director no less frequently than quarterly, or at the call of the chairman or 3 council members. All potential conflicts of interest shall be adequately disclosed. The council shall file annually a report of its deliberations and recommendations with the board and the executive director. The authority, by 5 affirmative votes, may override any action of the council.
IV. The division director shall present all rules proposed to be implemented by the authority under RSA 12-G:42, X to the council for consideration prior to filing a notice of proposed rule under RSA 541-A:6. The council shall present any objections to the proposed rule to the division director and to the board in writing within 15 days of submission to the council by the division director. The authority may adopt a rule to which the council has objected only upon 5 affirmative votes of the authority and after presenting a written reply to the council detailing the reasons for adopting the rule over the objections of the council.
V. The council may propose rules to the authority for adoption under RSA 12-G:42, X. The authority shall adopt rules proposed by the council unless, within 15 days of their proposal, the authority, by 5 affirmative votes, objects to the adoption of such rules and presents a written reply to the council detailing the reasons for objection.
Source. 2001, 290:6, eff. July 1, 2001. 2003, 242:12, 13, eff. July 8, 2003.
The division, subject to the supervision of the authority and in consultation with the division of ports and harbors advisory council, shall be responsible for managing harbor and channel dredging activities within state tidal waters. The division shall:
I. Assess the existing dredge permitting process with state and federal permitting agencies for the purposes of identifying an improved review process.
II. Establish and implement a process to ensure that dredging projects are completed in a timely and cost effective manner, recognizing the need to:
(a) Coordinate with and utilize the services of the local and private sector to establish a reliable program; and
(b) Work in conjunction with other state and federal agencies to ensure uniform and timely compliance with other laws, regulations, and rules, including, but not limited to, permitting in accordance with RSA 482-A and RSA 485-A and to ensure that a certificate of consistency is obtained from the coastal zone management program; and
(c) Develop a long-range plan and schedule to serve as a guide for individual dredging activities.
III. Initiate and implement dredging projects, which may include dredging performed by the authority, to maintain and improve channels and harbors in accordance with the long-range plan and schedule.
IV. Submit an annual report to the senate president, the speaker of the house of representatives, and the governor and council on the status of current dredging projects and the projection of future dredging projects and costs.
Source. 2001, 290:6, eff. July 1, 2001. 2003, 242:14, eff. July 8, 2003.
12-G:46 Harbor Dredging and Pier Maintenance Fund Established.
I. There is hereby established a harbor dredging and pier maintenance fund to be used by the authority acting through the division to meet its obligation to initiate and implement dredging projects to maintain channels and harbors, and to initiate projects to maintain state-owned commercial piers in safe and efficient condition.
II. The fund shall be nonlapsing and continually appropriated for the purposes of initiating and implementing harbor dredging projects and maintaining state-owned commercial piers. The authority shall, in each biennium, request annual appropriations to the fund in an amount sufficient to provide for the funding of the authority's periodic harbor dredging and pier maintenance efforts. The state treasurer shall invest the moneys deposited in the fund as provided by law. Interest earned on moneys deposited in the fund shall be deposited into the fund.
III. The authority shall not encumber, obligate, or expend any funds from the harbor dredging and pier maintenance fund without the prior approval of the capital budget overview committee.
Source. 2001, 290:6, eff. July 1, 2001. 2005, 269:15, eff. Jan. 1, 2006.
I. There is hereby established a harbor management fund to be used by the authority acting through the division to meet its obligation to appoint and compensate a chief harbor master, a deputy harbor master, harbor masters, and assistant harbor masters; to establish and administer a mooring permits program; to plan for the maintenance and development of the ports and state tidal waters; and to pay the costs associated with any impoundment, removal, or storage authorized under RSA 12-G:52-b.
II. The fund shall be nonlapsing and continually appropriated for the purposes identified in paragraph I. The authority shall deposit in such fund all revenues received from the operation of the mooring permits and mooring wait list programs, fees received pursuant to RSA 270-E:7, II, and any proceeds received from any sale conducted in accordance with RSA 12-G:52-b, V. Interest earned on moneys deposited in the fund shall be deposited into the fund.
Source. 2003, 242:15, eff. July 8, 2003.
The authority, in consultation with the division director and the division of ports and harbors advisory council, may adopt rules prescribing the qualifications of pilots, and from time to time appoint and commission, under its hand and seal, as many pilots as it may judge necessary, and remove the same at pleasure; and it shall take from them such security, by bond or otherwise, as it may deem proper.
Source. 2001, 290:6, eff. July 1, 2001. 2003, 242:16, eff. July 8, 2003.
Any pilot appointed by the authority, who has given security for the faithful discharge of his or her duties, may take charge of any vessel, except pleasure or fishing vessels, or a vessel of 150 gross tons and under, and shall pilot such vessel into and out of the river and harbor of the Piscataqua, first showing to the master thereof the pilot's appointment if requested.
Source. 2001, 290:6, eff. July 1, 2001. 2003, 242:16, eff. July 8, 2003.
All vessels, except pleasure or fishing vessels or vessels of 150 gross tons or under, are required to be piloted by a pilot appointed by the authority into and out of the Piscataqua River and harbor from a point designated by the authority.
Source. 2001, 290:6, eff. July 1, 2001. 2003, 242:16, eff. July 8, 2003.
All vessels required to engage a pilot under RSA 12-G:49 shall pay a pilotage fee to the pilot. Pilotage fees shall be established by the authority.
Source. 2003, 242:16, eff. July 8, 2003.
I. Subject to the supervision of the authority and the division director, the chief harbor master's duties shall include but not be limited to the following:
(a) Enforcement of authority directives and rules adopted by the authority pursuant to this chapter relating to the activities and operations of the division or division property.
(b) Issuing and overseeing mooring permits and management of the mooring wait list and of the assignment and placement of moorings.
(c) Designation of anchorage areas.
(d) Management of navigation aides outside of the federal channel.
(e) Management of the movement of traffic, as necessary.
(f) Direction of the removal or movement of vessels during emergencies.
(g) Overseeing the dredge management program.
(h) Overseeing the harbor management program.
(i) Inquiring into and prosecuting all offenses occurring within the chief harbor master's jurisdiction.
(j) Any other duties assigned by the authority or the division director.
II. Subject to the supervision of the authority, the division director, and the chief harbor master, the deputy chief harbor master's duties shall include but not be limited to the following:
(a) Enforcement of authority directives and rules adopted pursuant to this chapter relating to the division or division property.
(b) Performance of the duties of the chief harbor master during the absence or incapacity of the chief harbor master or when such duties are specifically delegated to the deputy chief harbor master by the authority, the division director, or the chief harbor master.
(c) Performance of any other duties assigned by the authority, the division director, or the chief harbor master.
III. Subject to the supervision of the authority, the division director, the chief harbor master, and the deputy chief harbor master, the duties of a harbor master shall include but not be limited to the following:
(a) Monitoring the placement and use of moorings in state tidal waters to which the harbor master has been specifically assigned by the chief harbor master or the deputy chief harbor master.
(b) Notifying the chief harbor master or the deputy chief harbor master of any violations of any provision of RSA 12-G or any rules of the authority adopted under RSA 12-G relating to the division or division property.
(c) Performance of any other duties assigned by the division director or the chief harbor master or the deputy chief harbor master.
IV. An assistant harbor master shall assist the chief harbor master, the deputy chief harbor master, or any harbor master as directed by the division director, the chief harbor master, or the deputy chief harbor master in the performance of the chief harbor master's, the deputy chief harbor master's, or harbor master's duties.
Source. 2001, 290:6, eff. July 1, 2001. 2003, 242:16, eff. July 8, 2003.
I. No person shall abandon any vessel at any time on or in state tidal waters. Any vessel found unattended in a sunken, beached, or drifting condition, or otherwise anchored and unattended in such a manner as to pose a threat to navigation or the safety of the public or other vessels shall be deemed abandoned by the owner.
II. No person shall place any mooring in state tidal waters without a permit issued by the division pursuant to this chapter and any rules adopted pursuant to this chapter.
III. No person shall moor, make fast, or otherwise secure a vessel to a mooring located in state tidal waters unless:
(a) The owner of the vessel has secured a mooring permit from the division authorizing such vessel to be secured to such mooring;
(b) The owner of the vessel has been directed by, or otherwise has secured the permission of, the chief harbor master, the deputy chief harbor master, a harbor master, or an assistant harbor master to secure such vessel to such mooring; or
(c) Failure to secure such vessel to such mooring would otherwise present an imminent and substantial hazard to navigation or to the safety of any passenger on such vessel.
Source. 2003, 242:16, eff. July 8, 2003.
The chief harbor master and the deputy chief harbor master shall have all of the powers of a police officer, including but not limited to the power to make arrests set forth in RSA 594, to enforce, investigate, and prosecute any:
I. Violation of the provisions of this chapter or rules adopted under this chapter relating to the division and division property, including but not limited to the provisions of RSA 12-G:42, X and XI; and
II. Offense under New Hampshire law occurring on division property where the arrest is made on division property or on vessels secured to or immediately adjacent to division property.
Source. 2001, 290:6, eff. July 1, 2001. 2003, 242:16, eff. July 8, 2003.
Whoever violates any of the rules of the authority relating to the division or division property, including but not limited to the provisions of RSA 12-G:42, X or XI, or refuses or neglects to obey the lawful and reasonable orders of the division director, the chief harbor master, the deputy chief harbor master, a harbor master, or an assistant harbor master, or resists or otherwise interferes with the division director, the chief harbor master, the deputy chief harbor master, a harbor master, or an assistant harbor master in the execution of their duties shall be guilty of a class B misdemeanor.
Source. 2001, 290:6, eff. July 1, 2001. 2003, 242:16, eff. July 8, 2003.
12-G:52-a Penalty for Illegally Moored or Anchored Vessels.
Notwithstanding the provisions of RSA 12-G:52 or any other provision of law, any owner or operator of any vessel moored or anchored in violation of RSA 12-G or rules adopted pursuant to this chapter relative to the division or division property shall be subject to the following penalties in addition to any other penalty, cost, or forfeiture imposed under other provisions of law or this chapter:
I. For a first offense, the offense shall constitute a violation, and the fine shall be $100 if a natural person and $300 for any other person.
II. For a second offense, the offense shall constitute a violation, and the fine shall be $250 for a natural person and $500 for any other person.
III. For a third offense and any offense thereafter, the offense shall constitute a class B misdemeanor, and the minimum fine shall be at least $500 for a natural person and $1000 for any other person.
Source. 2003, 242:16, eff. July 8, 2003.
12-G:52-b Impoundment and Forfeiture of Vessels and Moorings.
I. The division director, the chief harbor master, or the deputy chief harbor master may impound or order the removal and storage of any vessel or mooring found to be in violation of RSA 12-G:50-a or any rule adopted pursuant to this chapter. All reasonable charges for such impoundment, removal, and storage shall be a lien against the vessel.
II. The division director shall notify the owner, if known, of the fact of such impoundment, removal, and storage. If the vessel is registered in this state, such notification shall be mailed to the person identified as the owner on the vessel registration at the address listed on such registration. In all other cases, notice shall be placed on file with the division director and published in a newspaper of general circulation.
III. The owner of the vessel or mooring impounded pursuant to this section may redeem the vessel or mooring within 90 days of its removal by payment of all charges and fees incurred by the division related to the impoundment, removal, and storage of such vessel or mooring and release the lien identified in paragraph I.
IV. No person who impounds, removes, or stores or who is in charge of the impoundment, removal, or storage of such vessel or mooring shall be liable for any damages to the vessel or mooring arising out of the impoundment, removal, or storage thereof.
V. Upon the expiration of the 90-day period identified in paragraph III, the division director may dispose of any unredeemed vessel or mooring by destroying such vessel or mooring or by offering such vessel or mooring for sale at public auction or the division director may retain such vessel or mooring for use by the state; provided, however, if the vessel or mooring is sold or retained, the purchaser or the state, in the event of retention, shall pay the cost of impoundment, removal, and storage, and shall obtain release of the lien identified in paragraph I. Any money received by reason of sale of such vessel or mooring at public auction shall be deposited in the harbor management fund.
VI. Nothing in this section shall be construed to limit, restrict, or modify in any way authority granted to the commissioner of safety or the director of safety services to remove or impound boats or moorings pursuant to RSA 270 or RSA 270-B.
Source. 2003, 242:16, eff. July 8, 2003.
12-G:52-c Removal and Disposition of Abandoned or Illegally Located Vehicles and Other Devices.
I. No person shall park or otherwise leave any vehicle, trailer, equipment, or other device on airport property or division property except as authorized by the authority.
II. The authority may remove, tow, impound, and dispose of, or arrange for or order the removal, towing, impoundment, or disposal of vehicles, trailers, equipment, or other devices abandoned on airport property or division property or parked or located in violation of this chapter, or any rule adopted thereunder, and for any of the reasons set forth in RSA 262:32. Each vehicle, trailer, equipment, and other device removed, towed, or impounded by or on behalf of the authority shall be stored at a secure location until such time as it is claimed by the person lawfully entitled to possession of the vehicle.
III. Notwithstanding the provisions of RSA 259:4-a, or any other provision of law, the authority may enforce RSA 262:31 through RSA 262:40-c relative to the removal and impoundment of abandoned vehicles. Pursuant to its authority under this section:
(a) The executive director or the division director, as designated by the authority, shall have any power, duty, or responsibility assigned to the commissioner of safety or a head of a law enforcement agency under RSA 262:31 through RSA 262:40-c; and
(b) A designated employee of the authority shall have any power, duty, or responsibility assigned to an "authorized official" under RSA 262:31 through RSA 262:40-c.
Source. 2005, 269:16, eff. Jan. 1, 2006.
I. All actions and proceedings of the authority shall be governed by the provisions of RSA 91-A.
II. Purchases and contracts of the authority may be made or let without regard to any provision of law relating to public purchases or contracts.
III. Except for rules adopted pursuant to RSA 12-G:42, X, which shall be subject to the provisions of RSA 541-A:3 through RSA 541-A:15, the authority shall be exempt from the provisions of RSA 541-A and may adopt rules and bylaws in accordance with its own procedures, including, but not limited to, rules regulating the conduct of hearings. Except for rules adopted pursuant to RSA 12-G:42, X, the authority shall file in the office of legislative services a copy of all rules and bylaws adopted, amended, or repealed by the authority. All such rules and bylaws shall be filed in the office of legislative services within 7 days of such adoption, amendment, or repeal.
IV. Any rule adopted by the authority pursuant to RSA 12-G:47 shall be adopted in accordance with the provisions of RSA 541-A; any rule adopted by the authority pursuant to RSA 12-G:42, X shall be adopted in accordance with the provisions of RSA 541-A:3 through RSA 541-A:15.
V. The provisions of this chapter shall be liberally construed in order to effect its purpose.
VI. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the chapter which can be given effect without the invalid provisions or applications, and to this end the provisions of this chapter are severable.
Source. 2001, 290:6, eff. July 1, 2001. 2003, 242:17, eff. July 8, 2003.
12-G:54 Division of Ports and Harbors Revolving Loan Fund Committee.
There is hereby established the division of ports and harbors revolving loan fund committee. The committee shall assist the division of ports and harbors in administering loan funds. The committee shall review applications for loan funding to determine whether they meet the minimum eligibility requirements and comply with applicable federal and state laws. The committee shall make recommendations to the division of ports and harbors for each application. Members of the committee shall be appointed by the governor.
Source. 2001, 290:6, eff. July 1, 2001.