13mar03...0354h

05/22/03 1666s

24jun03...2262eba

2003 SESSION

03-1032

05/01

HOUSE BILL 719-FN-A

COMMITTEE: Public Works and Highways

ANALYSIS

This bill clarifies terms and adds statutory language relative to the duties, function, and operation of the Pease development authority, division of ports and harbors.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13mar03... 0354h

05/22/03 1666s

24jun03... 2262eba

03-1032

05/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

Be it Enacted by the Senate and House of Representatives in General Court convened:

242:1 New Section; Pease Development Authority; Division of Ports and Harbors; Administrative Rules Relative to Commercial Piers. Amend 2001, 290 by inserting after section 290:1 the following new section:

290:1-a Department of Resources and Economic Development Rules Relative to Commercial Piers to Division of Ports and Harbors. All existing rules of the department of resources and economic development relative to the commercial piers at Portsmouth, Rye Harbor, and Hampton Harbor shall remain in effect until amended or superseded by rules of the Pease development authority, division of ports and harbors.

242:2 Pease Development Authority; Definition of Division Project and Division Property Amended. Amend RSA 12-G:2, XII and XIII to read as follows:

XII. "Division project" means the development, construction, reconstruction, maintenance, or operation of any property of the authority related to the ports[, harbors,] and [navigable tidal rivers of the state] state tidal waters under the jurisdiction of the authority, including dredging activities authorized under RSA 12-G:45 and including all real property and tangible and intangible personal property, structures, machinery, equipment, and appurtenances or facilities used or useful in connection therewith and listed on the inventory of division projects maintained pursuant to RSA 12-G:43, I(e).

XIII. "Division property" means all real property and tangible and intangible personal property, rights, and facilities of the authority related to ports[, harbors,] and [navigable tidal rivers] state tidal waters administered or operated by the authority through the division and listed on the inventory of division property maintained pursuant to RSA 12-G:43, I(e).

242:3 New Paragraph; Pease Development Authority; Definition of Slip Added. Amend RSA 12-G:2 by inserting after paragraph XXII the following new paragraph:

XXII-a. "Slip" means a volume of water at least 25 feet long, 8 feet wide, and 3 feet deep as measured at normal high tide and located adjacent to a structure such as a dock, wharf, or pier to which a vessel may be secured.

242:4 New Paragraph; Pease Development Authority; Definition of State Tidal Waters Added. Amend RSA 12-G:2 by inserting after paragraph XXIII the following new paragraph:

XXIII-a. "State tidal waters" means any harbor or other tidal waters within the state.

242:5 New Paragraph; Pease Development Authority; Definition of Tidal Waters Added. Amend RSA 12-G:2 by inserting after paragraph XXIV the following new paragraph:

XXIV-a. "Tidal waters" means any waters, including rivers, that rise and fall in a predictable and measurable rhythm or cycle due to the gravitational pulls of the moon and sun. Tidal waters end where the rise and fall of the water surface can no longer be measured in a predictable rhythm due to masking by hydrologic, wind, or other effects.

242:6 Pease Development Authority; Definition of Vessel Amended. Amend RSA 12-G:2, XXV to read as follows:

XXV. "Vessel" means boats of all sizes propelled by sail, machinery, or hand, scows, dredgers, shellfish cars, barges, seaplanes, personal water craft, and craft of every kind, including but not limited to non-displacement craft, used or capable of being used as a means of transportation or storage on water.

242:7 Pease Development Authority; Contracts of the Division of Ports and Harbors Exempt from Request for Proposals. Amend RSA 12-G:8, VIII to read as follows:

VIII. To make and execute agreements, contracts, and other instruments necessary or convenient in the exercise of the powers and functions of the authority under this chapter, including contracts with any person, firm, corporation, municipality, state agency, governmental unit, or other entity, foreign or domestic, provided that no contract in excess of $10,000, including contracts under paragraphs III and XV but excluding contracts and agreements entered into under paragraph V, shall be made without requests for proposal. This requirement may also be eliminated by an affirmative vote of 5 members of the board on any particular matter. Justification for eliminating the requirement shall be recorded in the minutes of the meeting.

242:8 Pease Development Authority; Authorization to Seek Designation as Port of Entry or International Airport and to Establish Foreign Trade Zone and Free Port Area; References to Free Port Area Removed. Amend RSA 12-G:38 to read as follows:

12-G:38 Authorization to Seek Designation as Port of Entry or International Airport and to Establish Foreign Trade Zone [and Free Port Area].

I. The authority shall be and is hereby authorized to make application to the Secretary of the Treasury of the United States for the purpose of having Pease Air Force Base, or portions thereof, designated, established, or constituted, a port of entry, or an international airport, pursuant to the Customs Reorganization Act, 19 U.S.C. section 1 et seq., as amended, and 19 U.S.C. section 58b, as amended, and regulations of the United States Customs Service, including 19 C.F.R. section 101.0, et seq. and 19 C.F.R. section 122.1, et seq.

II. The authority shall be and hereby is authorized to make application to the Secretary of Commerce of the United States for the purpose of establishing, operating, and maintaining foreign-trade zones in the state of New Hampshire, including without limitation at Pease Air Force Base, pursuant to the Free Trade Zone Act, 19 U.S.C. section 81a, et seq., as amended, providing for the establishment, operation, and maintenance of foreign trade zones in or adjacent to ports of entry of the United States, to expedite and encourage foreign commerce, and for other purposes. Unless precluded by federal law, any foreign trade zone [or free port area ]previously under the jurisdiction of the former port authority, and all duties, responsibilities, and obligations associated therewith, shall be transferred to the authority when the duties, functions, and jurisdiction of the port authority are transferred to the authority.

III. The authority shall have full power and authority to select and describe the location of the zone for which application to establish may be made and to make such rules and take such other actions concerning the operation, maintenance, and policing of same as may be necessary to comply with the Free Trade Zone Act and the regulations adopted thereunder, or as may be necessary to comply with such regulations made in accordance with the acts of Congress relating to foreign trade zones. The authority hereby granted to the authority confers on the authority the right and duty to do all things necessary and proper to carry into effect the establishing, maintaining, and operating of foreign trade zones with the state of New Hampshire to comply with the provisions of any acts of Congress or rules promulgated thereunder relating to foreign trade zones[ or free port areas]. The authority shall also be authorized to set and collect fees for the management of any foreign trade zone [or free port area ]established or maintained under this chapter.

IV. The authority shall have full power and authority to lease the right or to erect, maintain, and operate any structures or buildings or enclosures as may be necessary or proper for the establishing and operating of any such foreign trade zones that might be established at Pease Air Force Base or in the state of New Hampshire.

V. The authority shall have the power and the duty to establish areas at Pease Air Force Base and in and around the ports[, harbors,] and [navigable tidal rivers of the state] state tidal waters [of New Hampshire] wherein personal property in transit shall be exempt from the provisions of the stock-in-trade tax and such other taxes and customs as are normally levied in a port of entry. For the purpose of this section, personal property in transit through the areas established by the authority is defined as follows: goods, wares, and merchandise which is (a) moving in interstate or international commerce through or over the areas hereinbefore established, or (b) which was consigned to a warehouse, public or private, within the state, from outside the state, whether specified when transportation begins or afterward. Such property shall not be deprived of exemption because while in the warehouse the property is assembled, bound, joined, processed, disassembled, divided, cut, broken in bulk, relabeled, or repackaged. The exemption granted shall be liberally construed to effect the purposes of this chapter, provided, however, that the warehouse in which said goods, wares, or merchandise is stored shall not be owned, in whole or in part, by either the consignee or consignor.

242:9 Acquisition and Management of Division Property; Acquisition of Land for Port Purposes; Reference Changed. Amend RSA 12-G:39 to read as follows:

12-G:39 Acquisition of Land for Port Purposes. In addition to any other power or authority conferred on the authority under this chapter, the authority, with the approval of the governor and council, may, in the name of the state, purchase, lease, or otherwise acquire lands or interests in land, including options, on, near, or adjacent to the state tidal waters [of the state] suitable for constructing, establishing, and maintaining thereon piers, wharves, warehouses, or other facilities useful and necessary in the encouragement and development of commercial navigation. Before making any such purchase or acquisition, the authority shall submit to the governor and council a detailed description of the land or interests therein to be acquired, together with a statement of the purposes for which the property is suited and the cost of acquisition and estimated cost of development, as well as such other information as the governor and council shall require. The authority, with the approval of the governor and council, may accept gifts of land; and may in like manner accept and apply to the purchase of land or the development thereof, contributions, gifts, or aid in any form made or given for the purpose by any person, firm, or corporation, or by any municipality or by the United States, and may execute instruments necessary to qualify for such contributions, gifts, or aid. Any land or interest in land acquired by the authority pursuant to this section shall be considered division property and not airport property and shall not be included in the airport district.

242:10 Pease Development Authority; Division of Ports and Harbors; Authority Relative to Security. Amend RSA 12-G:42 to read as follows:

12-G:42 Additional Powers and Duties. 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[, harbors,] and [tidal navigable rivers of the state] 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 [, harbors,] or [navigable tide waters of the state] state tidal waters who will enforce the directives of the authority and the division, [such as] including but not limited to the placement of moorings, the assignment of anchorage areas, and the movement of traffic. The authority may appoint [an] one or more assistant harbor [master] masters at any such place to assist the chief harbor master, the deputy chief harbor master, or one or more harbor masters [of such place] in carrying out [the harbor master's] 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, 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 slips in state tidal waters, including waiting lists for such permits.

[V.] VII. Set and collect fees for mooring and slip permits and waiting lists for such permits. The authority shall establish fees for slips in ports, harbors, and [tidal rivers that are equal to or proportional to the fees for moorings in harbors] state tidal waters. Fees shall not be charged for slips at industrial piers along the Piscataqua River or at state-owned piers in harbors. The fees for slips shall be paid into the harbor dredging and pier maintenance fund established under RSA 12-G:46.

[VI.] VIII. Install and continually maintain a uniform system for marking the intercoastal waters of the state including the state ports[, harbors,] and [navigable tidal rivers] 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.

[VII.] IX. Have the responsibility for and jurisdiction over the state-owned commercial [fishing] piers and facilities at Portsmouth, Rye Harbor, and Hampton Harbor except as provided in RSA 12-A:7-a, including the establishment of fees and rents associated with the use of such facilities.

[VIII.] X. Adopt rules, pursuant to RSA 541-A, relative to:

(a) Port captains, pilots, and pilotage.

(b) Harbors and harbor masters.

(c) [Setting and collecting fees for moorings, slips, waiting lists, and pilotage. A table of such fees shall be attached to the commission of each pilot.]The terms, conditions, and procedures under which the division shall issue, suspend, revoke, deny, or approve permits required under this chapter for moorings and slips.

(d) [Setting and collecting fees authorized in the foreign trade zone and free port areas.] State-owned commercial piers identified in paragraph IX.

[(e) Civil and criminal penalties for violations of the rules of the division.

(f) Any matter necessary for the proper administration of the division.]

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, slips, and wait lists; RSA 12-G:42, IX, relating to commercial piers identified in paragraph IX and other division property; 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 commercial piers and use of other division property 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.

[IX.] 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.

242:11 Division of Ports and Harbors; References to Navigable Tidal Rivers Changed to State Tidal Waters. Amend RSA 12-G:43, I(a)-(c) to read as follows:

(a) Plan for the maintenance and development of the ports[, harbors,] and [navigable tidal rivers of the state] state tidal waters [of New Hampshire] 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[, harbors,] and [navigable tidal rivers] state tidal waters.

242:12 Pease Development Authority; Division of Ports and Harbors Advisory Council; Designees Permitted. Amend RSA 12-G:44, I to read as follows:

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.

242:13 Division of Ports and Harbors Advisory Council; Reference to Rulemaking Authority Changed. Amend RSA 12-G:44, IV and V to read as follows:

IV. The division director shall present all rules proposed to be implemented by the authority under RSA 12-G:42, [VIII] 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, [VIII] 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.

242:14 Division of Ports and Harbors; Dredge Management in Tidal Waters; Reference Changed. Amend the introductory paragraph of RSA 12-G:45 to read as follows:

12-G:45 Dredge Management in Tidal Waters. 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 [the] state tidal waters [of the state]. The division shall:

242:15 New Section; Division of Ports and Harbors; Harbor Management Fund Established. Amend RSA 12-G by inserting after section 46 the following new section:

12-G:46-a Harbor Management Fund Established.

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.

242:16 Pease Development Authority; Pilots and Harbor Masters. RSA 12-G:47-52 is repealed and reenacted to read as follows:

12-G:47 Pilots. 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.

12-G:48 Authority of Pilot. 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.

12-G:49 Pilots Required. 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.

12-G:49-a Pilotage Fees. 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.

12-G:50 Duties; Chief Harbor Master; Deputy Chief Harbor Master; Harbor Masters.

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.

12-G:50-a Prohibitions.

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.

12-G:51 Enforcement Powers. 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.

12-G:52 Penalty. 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.

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.

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.

242:17 Pease Development Authority; Construction with Other Laws. Amend RSA 12-G:53, III-IV to read as follows:

III. Except for rules adopted pursuant to RSA 12-G:42, [VIII] 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, [VIII] 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:42, VIII or] 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.

242:18 New Subparagraph; State Accounts; Application of Receipts; Harbor Management Fund. Amend RSA 6:12, I by inserting after subparagraph (lllllllll) the following new subparagraph:

(mmmmmmmmm) Moneys deposited in the harbor management fund under 12-G:46-a.

242:19 Administrative Procedure Act; Exemption of the Pease Development Authority. Amend RSA 541-A:21, I(n) to read as follows:

(n) Except for rules adopted by the authority acting through the division of ports and harbors under RSA 12-G:42, X, which shall be subject to the provisions of RSA 541-A:3 through RSA 541-A:15, RSA 12-G, relative to the Pease development authority.

242:20 Pease Development Authority Ports and Harbors Fund; Reference to Special Account for Division Property. Amend RSA 12-G:37, III to read as follows:

III. This fund shall constitute a continuing appropriation for the benefit of the authority. Except as provided in RSA 12-G:42, XIII, all division revenues associated with operations and responsibilities assigned by the authority to the division in excess of the operating expenditures required for the activities of the division shall be deposited in the general fund until such time as any bonds authorized and issued relating to division property or division projects have been retired. After such bonds have been retired, any amount remaining to the credit of the authority in this fund at the close of any fiscal year in excess of the amounts required under paragraph II shall lapse and shall be returned to the general fund of the state.

242:21 Effective Date. This act shall take effect upon its passage.

(Approved: Enacted in accordance with Article 44, Part II, N.H. Constitution, without signature of the Governor, July 8, 2003)

(Effective Date: July 8, 2003)