CHAPTER Pda 100 ORGANIZATIONAL RULES

CHAPTER Pda 100 DEFINITIONS

PART Pda 101 DEFINITIONS

Pda 101.01 “Associated facilities” means “associated facilities” as defined in RSA 12-G:2, IV-a, namely, “all property owned or operated by the authority in the vicinity of a state-owned commercial pier, including, but not limited to, roadways, access ways, parking lots, buildings and other structures, boat ramps, equipment, and utilities.”

Source. #7847, eff 3-8-03; ss by # 8146, eff 8-28-04; ss by #8760, eff 11-18-06

Pda 101.02 “Assistant harbor master” means an individual employed by the authority pursuant to RSA 12-G:42, III, who is responsible for the duties described in RSA 12-G:50, IV.

Source. #7847, eff 3-8-03; ss by and moved by #8760, eff 11-18-06 (from Pda 101.01)

Pda 101.03 “Authority” means “authority” as defined in RSA 12-G:2, V, namely “the Pease development authority.

Source. #7847, eff 3-8-03; ss and moved by #8760, eff 11-18-06 (from Pda 101.02)

Pda 101.04 “Barker wharf” means the fixed piers, wharves, docks, and attached floats on or attached to division property in Portsmouth Harbor located on parcel A-1, as identified on the inventory of division property maintained pursuant to RSA 12-G:43 I(e).

Source. #7847, eff 3-8-03; ss by #8760, eff 11-18-06

Pda 101.05 “Berth” means the space allotted to a vessel at a pier and includes slips.

Source. #8298, eff 3-8-05; ss and moved by #8760, eff 11-18-06 (from Pda 101.03)

Pda 101.06 “Board” means “board” as defined in RSA 12-G:2, VI, namely, “the board of directors of the authority.”

Source. #7847, eff 3-8-03; ss by # 8146, eff 8-28-04; renumbered by #8298 (from Pda 101.05); ss and moved by #8760, eff 11-18-06 (from Pda 101.04)

Pda 101.07 “Burge wharf” means the fixed piers, wharves, docks, and attached floats on or attached to division property in Portsmouth Harbor located Harbor located on parcel A-2, as identified on the inventory of division property maintained pursuant to RSA 12-G:43 I(e).

Source. #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.06); ss by #8760, eff 11-18-06

Pda 101.08 “Business-use pier” means “business-use pier” as defined in RSA 12-G:2, VII-a, namely:

“(a) The fixed piers, wharves, docks, and attached floats in Hampton Harbor located southeast of the year-round concrete floats of the Hampton Harbor recreational-use pier;

(b) All fixed piers and attached floats located on Pierce Island in Portsmouth owned by the authority; and

Source. #8298, eff 3-8-05); ss by #8760, eff 11-18-06

Pda 101.09 "Charter boat" means any passenger vessel used or offered for use under a contractual arrangement, whether written or oral, by which one or more persons for cash, credit or any other form of valuable consideration use a vessel belonging to another, including:

(a) Vessels:

(1) Documented or certificated by the U.S. Coast Guard pursuant to 46 CFR; or

(2) Uninspected vessels meeting the requirements of 46 CFR, Subchapter T;

(b) Ferry boats documented by the U.S. Coast Guard pursuant to 46 CFR; and

Source. #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.07); ss and moved by #8760, eff 11-18-06 (from Pda 101.05)

Pda 101.10 “Chief harbor master” means an individual employed by the authority pursuant to RSA 12-G:42, III who is responsible for the duties described in RSA 12-G:50, I.

Source. #8146, eff 8-28-04; renumbered by #8298 (from Pda 101.08); ss and moved by #8760, eff 11-18-06 (from Pda 101.06)

Pda 101.11 “Code of Federal Regulations” (CFR) means the general body of federal regulatory law, including those governing practice and procedure before the federal administrative agencies.

Source. #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.09); ss and moved by #8760, eff 11-18-06 (from Pda 101.07)

Pda 101.12 “Commercial cargo vessel” means any vessel, except a commercial fishing vessel, used to transport property for compensation.

Source. #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.10); ss by #8760, eff 11-18-06

Pda 101.13 "Commercial fishing vessel" means a commercial vessel outfitted and utilized for the taking of any marine species for purposes of sale.

Source. #7847, eff 3-8-03; ss and renumbered by #8146, eff 8-28-04 (from Pda 101.01); renumbered by #8298 (from Pda 101.11); ss and moved by #8760, eff 11-18-06 (from Pda 101.08)

Pda 101.14 “Council” means the division of ports and harbors advisory council appointed in accordance with RSA 12-G:44.

Source. #8298, eff 3-8-05); ss by #8760, eff 11-18-06; ss and moved by #8760, eff 11-18-06 (from Pda 101.09)

Pda 101.15 “Deputy chief harbor master” means an individual employed by the authority pursuant to RSA 12-G:42, III who is responsible for the duties described in RSA 12-G:50, II.

Source. #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.12); ss and moved by #8760, eff 11-18-06 (from Pda 101.10)

Pda 101.16 “Division” means “division” as defined in RSA 12-G:2, X, namely, “the Pease development authority, division of ports and harbors.”

Source. #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.13); ss and moved by #8760, eff 11-18-06 (from Pda 101.11)

Pda 101.17 “Division director” means “division director” as defined in RSA 12-G:2, XI, namely, “the director of the division of ports and harbors.”

Source. #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.14); ss and moved by #8760, eff 11-18-06 (from Pda 101.12)

Pda 101.18 “Emergency repair” means the restoration of a broken component(s) of a vessel, failure of which to do would impede the safe navigation of the vessel.

Source. #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.15); ss by #8760, eff 11-18-06

Pda 101.19 “Harbor master” means an individual appointed by the division under RSA 12-G:42, III, who is responsible for the duties described in RSA 12-G:50, III and Pda 402.03, including responsibility for one or more of the harbor areas specified in Pda 402.05.

Source. #7847, eff 3-8-03; renumbered by #8298 (from Pda 101.16); ss and moved by #8760, eff 11-18-06 (from Pda 101.13)

Pda 101.20 "Length overall" (LOA) means the distance in feet of the vessel from stem to stern plus the length of any pulpits, anchors, davits, swim platforms, dinghies, or other attachments to the vessel.

Source. #7847, eff 3-8-03; ss and renumbered by #8146, eff 8-28-04 (from Pda 101.16); renumbered by #8298 (from Pda 101.17); ss and moved by #8760, eff 11-18-06 (from Pda 101.14)

Pda 101.21 “Marine terminal wharves” means the fixed piers, wharves, docks, and attached floats on or attached to division property located on Market Street in Portsmouth, but excluding the Barker wharf and the Burge wharf.

Source. #7847, eff 3-8-03; ss and renumber by #8146, eff 8-28-04 (from Pda 101.17); renumbered by #8298 (from Pda 101.18); ss by #8760, eff 11-18-06

Pda 101.22 “Marine terminal yard” means all landside property owned or operated by the authority in the vicinity of the marine terminal wharves, including, but not limited to, roadways, access ways, parking lots, buildings and other structures, boat ramps, equipment, and utilities, but excluding the shore facility.

Source. #7847, eff 3-8-03; ss and renumbered by #8146, eff 8-28-04 (from Pda 101.18); renumbered by #8298 (from Pda 101.19); ss by #8760, eff 11-18-06

Pda 101.23 “Mooring” means a mooring anchor, or other object, structure, apparatus or stationary point, whose purpose is to provide for securing a vessel to the bottom of state tidal waters and which is designed to be left in position permanently or on a seasonal basis, including, but not limited to, floats and rafts, together with attached anchors, chains, cables, ropes, pennants and related equipment, with or without a mooring buoy.

Source. #8760, eff 11-18-06 (formerly Pda 101.15)

Pda 101.24 “Mooring anchor” means any anchor or weight which is designed to rest on the bed or to be buried in the bed of state tidal waters, attached by a chain, cable, rope or other mechanism to a mooring buoy, and left in position permanently or on a seasonal basis.

Source. #8760, eff 11-18-06 (formerly Pda 101.16)

Pda 101.25 “Mooring buoy” means any float or marker which is attached to a mooring anchor that is either suitable for attachment to a vessel through the use of a pennant or other device or facilitates the attachment of the vessel to the mooring anchor.

Source. #8760, eff 11-18-06 (formerly Pda 101.17)

Pda 101.26 “Pier” means a structure extending into the water from a shore or bank or along a shore or bank which provides for the transfer of cargo or passengers or the berthing for ships, and includes but is not limited to, wharves, quays and docks.

Source. #8760, eff 11-18-06 (formerly Pda 101.18)

Pda 101.27 “Pier use permit” means an annual pier use permit or a single-use pier permit issued under Pda 600.

Source. #8760, eff 11-18-06

Pda 101.28 “Portsmouth pier berthing area” means the area(s) of the state-owned commercial pier and associated facilities located at Portsmouth and designated by the division director or designee for the berthing of vessels.

Source. #8760, eff 11-18-06

Pda 101.29 “Recreational-use pier” means “recreational-use pier” as defined in RSA 12-G:2, XIX-a, namely:

“(a) The fixed pier and attached floats located north of the state administration building at Rye Harbor; and

(b) The fixed pier and attached year-round concrete floats located northwest of the business-use pier at Hampton Harbor.”

Source. #8760, eff 11-18-06

Pda 101.30 “Shore facility” means all landside property owned or operated by the authority in the vicinity of the Barker and Burge wharves, including, but not limited to, roadways, access ways, parking lots, buildings and other structures, boat ramps, equipment, and utilities.

Source. #8760, eff 11-18-06

Pda 101.31 “Skiff” means a pram, dinghy, or other small boat not exceeding 16' in length.

Source. #8760, eff 11-18-06

Pda 101.32 “Skiff dock” means the designated area of a state-owned commercial pier where a skiff may be secured.

Source. #8760, eff 11-18-06

Pda 101.33 “Slip” means “slip” as defined in RSA 12-G:2, XXII-a, namely, “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.”

Source. #8760, eff 11-18-06

Pda 101.34 “State” means “state” as defined in RSA 12-G:2, XXIII, namely, “the state of New Hampshire.”

Source. #8760, eff 11-18-06 (formerly Pda 101.19)

Pda 101.35 “State-owned commercial pier” means “state-owned commercial pier” as defined in RSA 12-G:2, XXIII-a, namely, “any business-use or recreational-use pier owned by the state and located at Portsmouth, Rye Harbor, or Hampton Harbor.”

Source. #8760, eff 11-18-06

Pda 101.36 “State-owned slip” means a slip located at a state-owned commercial pier or a state-owned restricted pier.

Source. #8760, eff 11-18-06

Pda 101.37 “State-owned restricted pier” means the Barker wharf, the Burge wharf, or the Marine terminal wharves.

Source. #8760, eff 11-18-06

Pda 101.38 “State tidal waters” means “state tidal waters” as defined in RSA 12-G:2, XXIII-b, namely, “any harbor, or other tidal waters within the state.”

Source. #8760, eff 11-18-06 (formerly Pda 101.20)

Pda 101.39 “Tidal waters” means “tidal waters” as defined in RSA 12-G:2, XXIV-a, namely, “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.”

Source. #8760, eff 11-18-06 (formerly Pda 101.21)

Pda 101.40 “Vessel” means “vessel” as defined in RSA 12-G:2, XXV, namely, “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.”

Source. #8760, eff 11-18-06 (formerly Pda 101.22)

Pda 101.41 “Welding and hot work” means the use of tools or operations in the construction, maintenance, or repair of a vessel, pier, or the shore facility involving open flames or producing heat or sparks, including the burning, cutting, riveting, or bonding of metal by applying heat, sometimes with pressure and sometimes with an intermediate or filler metal having a high melting point.

Source. #8760, eff 11-18-06

CHAPTER Pda 200 – RESERVED

CHAPTER Pda 300 PORT CAPTAINS, PILOTS AND PILOTAGE

PART Pda 301 DEFINITIONS

Pda 301.01 “Allision” means the running of one vessel into or against another vessel or object.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.02 “Coastwise vessel” means a vessel navigating the waters of the Atlantic Ocean or Gulf of Mexico exclusively between ports of the United States.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.03 “Deadweight capacity tonnage” means the weight per 1000 kilograms of cargo, stores, fuel, passengers and crew carried by a vessel when the vessel is loaded to its maximum summer loadline as indicated by the draft marks on a vessel.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.04 “Demurrage” means the sum fixed by a contract of carriage, or which is allowed, as remuneration to the owner of a vessel from the detention of the vessel beyond the number of days allowed by the charter party for loading and unloading or for sailing.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.05 “Emergency” means a situation that requires immediate action to protect the health and safety of individuals or to prevent damage to property or the environment, including, but not limited to:

(a) Severe weather conditions; or

(b) Deteriorating conditions on board a vessel that jeopardize its seaworthiness or the ability of the master of the vessel to control the vessel.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.06 “Exempt vessel” means a vessel:

(a) The sole use of which is for fishing or for non-commercial pleasure;

(b) That has a gross tonnage of 150 gross tons or less; or

(c) Is a United States flagged coastwise vessel under direction and control of a federal pilot who is authorized to act as a pilot pursuant to 46 CFR 15.812 (12-24-13 edition).

Source. #7870, eff 4-12-03; amd by #8147, eff 8-28-04; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.07 “Federal pilot” means an individual who holds a valid pilot’s license issued by the United States Coast Guard pursuant to 46 CFR 15.812 (12-24-13 edition).

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.08 “Gas freeing” means the removal of residual chemical or petroleum liquids and vapors from vessel compartments either by the removal of liquids with a hose and vacuum system or by the dilution of vapors.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.09 “Gross tons” means “gross tonnage” as calculated in accordance with 46 CFR Part 60 (03-31-16 edition).

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.10 “Incident” means any one of the following occurrences:

(a) An accidental grounding;

(b) An intentional grounding, collision, or allision that creates a hazard to navigation, the environment, or the safety of the vessel;

(d) Loss of life related to the operation of a vessel;

(e) Serious physical injury related to the operation of a vessel;

(f) Any occurrence resulting in damage to a vessel or other property which can reasonably be expected to be in excess of $10,000, excluding the cost of salvage, cleaning, gas-freeing, dry docking, or demurrage; or

(g) Any boarding or unboarding occurrence that places a pilot in peril.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.11 “Line of demarcation” means a line drawn from the southernmost tower on Gerrish Island, Maine charted in approximate position latitude 43^° 04.0’ N longitude 70^° 41.2’ W to Whaleback Light, thence to Jaffrey Point Light 2A, thence to the northeasternmost extremity of Frost Point.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.12 “Master of a vessel” means the person in command of a vessel.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.13 “Passage” means any instance of travel of a vessel under direction of a pilot between 2 points within the pilotage area.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.14 “Pilot” means an individual appointed by the authority as provided in RSA 12-G:47 and taken on board a vessel for the purpose of piloting the vessel.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.15 “Pilotage” means relating to the act of piloting a vessel.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.16 “Pilotage area” means an area landward of the line of demarcation, including, but not limited to, Portsmouth Harbor and the Piscataqua River up to and including Dover Point, New Hampshire.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.17 “Piloted vessel” means a vessel that has a pilot on board who is piloting the vessel in the pilotage area.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.18 “Piloting” means the act of assisting the master of a vessel in navigating the vessel while it is underway in an area where a pilot is required.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.19 “Round-trip passage” means any combination of passages from the line of demarcation to Dover Point, New Hampshire and back to the line of demarcation.

Source. #7870, eff 4-12-03; renumbered by #8147 (formerly Pda 301.20); ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 301.20 “Squat” means the bodily sinkage and change of trim, which are caused by the pressure distribution on the hull of the vessel, due to the relative motion of water and hull on a vessel underway.

Source. #7870, eff 4-12-03; renumbered by #8147 (formerly Pda 301.21); ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

PART Pda 302 PORT CAPTAINS - RESERVED

Source. #7870, eff 4-12-03

PART Pda 303 PILOTS REQUIRED

Pda 303.01 Exempt Vessels; When Pilots Required.

(a) All vessels, except exempt vessels, shall be piloted at all times by a pilot when underway within the pilotage area.

(b) A pilot shall be required for a vessel within the pilotage area when the vessel is shifting at berth other than for normal mooring line adjustments due to tide and current fluctuations.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

PART Pda 304 PILOTAGE OF VESSELS

Pda 304.01 Pilotage of Vessels.

(a) Each vessel of over 10,000 gross tons shall be piloted by a class I pilot as described in Pda 305.01(c).

(b) Each vessel from 150 to 10,000 gross tons shall be piloted by a class I or class II pilot as described in Pda 305.01(c).

(1) Is unfamiliar with the tugboat(s), crew(s), or both, and determines that this unfamiliarity creates a potentially unsafe situation;

(2) Has reason to believe the tugboat(s) is inadequately maintained;

(3) Has reason to believe the crew(s) is inadequately trained; or

(4) Has reason to believe that it is unsafe for the pilot to pilot the vessel for any reason, as determined by the pilot.

(d) A vessel requiring a pilot in accordance with (a) or (b) above, engaged in towing and underway in the pilotage area, shall use an assist tug when transitioning between towing modes.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; amd by #11159, eff 8-19-16; ss by #12760, eff 4-19-19

Pda 304.02 Pilot Conferences.

(a) When a pilot boards a vessel for the purpose of piloting the vessel, the pilot shall conduct, as soon as practicable upon boarding, a conference with the master of the vessel and other deck officers on watch on the vessel’s bridge.

(b) During the conference required under (a) above:

(1) The pilot, the master of the vessel, and the deck officers in attendance shall review and identify the following:

a. The pilot’s proposed route through the pilotage area;

b. The pilot’s proposed course, speed, and squat;

c. Any proposed special maneuvering of the piloted vessel required to transit the pilotage area or berth the piloted vessel; and

d. Any other information deemed relevant by the pilot to promote the safety of the piloted vessel, other vessels in the pilotage area, or the public during transit of the pilotage area or berthing of the piloted vessel; and

(2) The master of the vessel and deck officers shall inform the pilot of the status of all of the piloted vessel’s safety and navigational equipment as well as the overall seaworthiness of the piloted vessel.

(c) If the pilot is informed by the master of the vessel of any safety or navigational equipment deficiencies of the piloted vessel or deficiencies in the overall seaworthiness of the piloted vessel, the pilot shall promptly notify the United States Coast Guard and the division of such deficiencies. Upon notification of such deficiencies, the pilot shall determine if the vessel shall enter the pilotage area.

(d) The pilot shall transmit in writing to the United States Coast Guard and the division, within 7 days of the initial report from the master of the vessel, a list and description of each of the deficiencies reported pursuant to Pda 304.02(c).

(e) The pilot shall maintain a log summarizing the information obtained during the conference required pursuant to Pda 304.02(a) and (b) above, including at a minimum the information required pursuant to Pda 304.02(b)(1) and the list of equipment deficiencies identified pursuant to Pda 304.02(c).

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

PART Pda 305 APPOINTMENT OF PILOTS; EXPIRATION OR TERMINATION OF APPOINTMENT

Pda 305.01 Appointment, Commissioning, and Removal of Pilots.

(a) Pursuant to RSA 12-G:47, pilots shall serve at the pleasure of the authority. Appointment as a pilot by the authority constitutes a privilege and does not convey any property rights of any sort or any exclusive privilege, except as otherwise provided in Pda 300.

(b) The authority shall appoint, reappoint, and remove pilots, temporary pilots, and emergency pilots as provided in RSA 12-G:47 and Pda 300.

(1) Class I pilots who shall be authorized to pilot vessels over 10,000 gross tons or any vessel that could be piloted by a class II pilot;

(2) Class II pilots who shall be authorized to pilot vessels from 150 to 10,000 gross tons;

(3) Class I temporary pilots who shall be authorized to pilot vessels over 10,000 gross tons on a passage-by-passage basis for a limited number of passages as specified in the temporary pilot’s commission;

(4) Class II temporary pilots who shall be authorized to pilot vessels from 150 to 10,000 gross tons on a passage-by-passage basis for a limited number of passages as specified in the temporary pilot’s commission; or

(5) Emergency pilots who shall be authorized to pilot any vessel with the prior express permission of the authority, the authority’s designee, or the division director.

(d) An initial appointment or reappointment as a pilot under Pda 305.01 shall expire on the same date as the federal license or credential required under Pda 305.06(b)(2)a. if not previously revoked, suspended, or otherwise terminated pursuant to Pda 309.01 - Pda 309.03. Prior to expiration of an initial appointment, a pilot may seek reappointment as a pilot in accordance with Pda 305.03. No person shall have any right to appointment or reappointment as a pilot. All pilot appointments and reappointments are subject to the pleasure of the authority.

(e) The authority shall appoint Class I and Class II temporary pilots only in circumstances in which sufficient Class I or Class II pilots are not available for any reason, and an emergency appointment under Pda 305.01(f) is not necessary. A temporary appointment shall terminate once the vessel piloted by a temporary pilot has completed the passage or passages through the pilotage area for which the temporary pilot appointment was approved.

(f) If an emergency exists and sufficient pilots are unavailable, emergency pilot appointments shall be made in accordance with Pda 305.05 by the division director, or, if the division director is unavailable, by the authority, acting through its designee. An emergency appointment shall terminate upon notification to the emergency pilot from the authority, the authority’s designee, or the division director that an emergency no longer exists.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 305.02 Pilot Requirements for Initial Appointment as Class I or II Pilot. Any person seeking an initial appointment as a pilot shall:

(a) Submit to the division a completed “Application for Initial Pilot Appointment” as described in Pda 306.01 including all required certifications; and

(b) Meet the requirements set forth in Pda 305.06 and Pda 305.07.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 305.03 Pilot Requirements for Reappointment as a Class I or II Pilot. Any person seeking reappointment as a pilot shall:

(a) Have served an initial term of appointment as a Class I or Class II pilot;

(b) Submit to the division a completed application form as described in Pda 306.02, including all required certifications, so that the application is received by the division at least 60 days prior to the expiration of the pilot’s current appointment, if the pilot is requesting that the authority act on the request for reappointment prior to the expiration of the pilot’s current appointment; and

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 305.04 Pilot Requirements for Appointment as a Class I or II Temporary Pilot. Any person seeking an appointment as a temporary pilot shall:

(a) Submit to the division a completed application form, as described in Pda 306.03, including all required certifications; and

(b) Meet the requirements set forth in Pda 305.06(b)(1), (2), (4), (6), and (7).

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 305.05 Pilot Requirements for Appointment as an Emergency Pilot; Waiver.

(a) If the division director or the authority’s designee determines that an emergency exists requiring the appointment of an emergency pilot, any person seeking an appointment as an emergency pilot shall:

(1) Be appointed only if the pilot would be acting within the scope of his or her federal license; and

(2) Meet the requirements set forth in Pda 305.06.

(b) Without a showing of further cause by the applicant, in an emergency, the division director or the authority’s designee shall waive any of the requirements established under Pda 305.06 that do not conflict with federal pilot regulations, if the division director or the authority’s designee determines that an emergency requires the appointment of an emergency pilot and a waiver of any of the requirements established under Pda 305.06.

(c) Before appointing the emergency pilot, the division director or the authority’s designee shall orally question the proposed pilot to determine which specific qualifications, if any, established under Pda 305.06 the proposed pilot does not meet.

(d) The division director or the authority’s designee shall make an emergency pilot appointment requiring a waiver of any of the requirements established under Pda 305.06, after determining that:

(1) The proposed pilot is the best qualified person available for appointment as an emergency pilot; and

(2) The emergency circumstances require that the proposed pilot be appointed, in order to protect the health and safety of individuals or to prevent damage to property or the environment.

(e) When the division director or the authority’s designee determines that the emergency is over, that person shall orally notify the emergency pilot of the termination of the pilot’s appointment as an emergency pilot.

(f) A copy of any report regarding appointment of an emergency pilot submitted by the division director or the authority’s designee shall be provided to the person who held the emergency pilot appointment.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 305.06 Minimum Requirements for Pilot Appointment or Reappointment.

(a) Any appointment or reappointment as a pilot under Pda 305 shall be subject to the pleasure of the authority.

(b) At a minimum, no applicant for appointment or reappointment as a pilot under Pda 305 shall receive an appointment, except as otherwise provided in Pda 305.03(c) and 305.04(b), unless at the time of the application for appointment or reappointment, the applicant shall:

(1) Be a citizen of the United States;

(2) Hold:

a. A valid license or merchant mariner credential issued by the Coast Guard as master or mate, for ocean, near coastal or inland, for vessels over 1,600 gross tons;

b. A valid Coast Guard pilotage endorsement for Portsmouth Harbor and the Piscataqua River up to and including Dover Point, New Hampshire;

c. A valid Coast Guard radar-observer endorsement; and

d. A bridge resource management certificate from a course approved by the Coast Guard;

(3) Provide the division with:

a. A copy of the pilot’s current medical certificate issued by the Coast Guard; and

b. Documentation that the pilot has complied with the test for dangerous drugs under 46 CFR 16.220 (10-1-14 edition) or that the applicant otherwise met, under 46 CFR 16.230 10-1-14 edition), the Coast Guard’s requirements for random testing;

(4) Be of good professional character by certifying that the applicant has not ever:

a. Been convicted by any court, including a military court, of an offense, other than a minor traffic violation, which conviction has not been annulled;

b. Been convicted of a traffic violation, which conviction has not been annulled, arising in connection with a fatal traffic accident, reckless driving or racing on a highway or public street or operating a motor vehicle while under the influence, or impaired by, alcohol or a controlled drug or substance;

c. Had a driver’s license suspended or revoked for refusing to submit to an alcohol or drug test;

d. Received a Coast Guard letter of warning or been assessed a civil or administrative penalty by a federal or state agency or by a court of competent jurisdiction for violation of maritime or environmental laws; and

e. Voluntarily surrendered or had any Coast Guard license revoked or suspended.

(5) Be of good professional character as attested by recommendations from at least 2 persons holding a valid Coast Guard master or mate’s license attesting that the applicant is of good professional character;

(6) Have knowledge of and training on vessels in the pilotage area sufficient to pilot non-exempt vessels of the tonnage for which the applicant is seeking appointment in a competent and safe manner within the pilotage area; and

(7) Present a recommendation from at least one pilot appointed by the Pease development authority or the former New Hampshire state port authority attesting that the applicant has demonstrated knowledge of the pilotage area and ability to pilot vessels within the pilotage area sufficient to pilot in a competent and safe manner within the pilotage area non-exempt vessels of the tonnage for which the applicant is seeking appointment.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; amd by #11159, eff 8-19-16; ss by #12760, eff 4-19-19

Pda 305.07 Passage Requirements for Initial Appointment. In addition to the requirements of Pda 305.06, an applicant for an initial appointment shall provide proof in accordance with Pda 306.01(f)(7) that:

(a) The applicant has made a minimum of 100 round-trip passages in the 36 months preceding the date of receipt of the application by the division as a pilot trainee in the wheelhouse under the direction and control of a pilot appointed pursuant to RSA 12-G:47 or former RSA 271-A:5;

(b) At a minimum, 25 of the required 100 round-trip passages under (a) above were passages made during the hours of darkness;

(c) At a minimum, 30 of the required 100 round-trip passages under (a) above were made in the 12 months preceding the date of receipt of the application by the division; and

(d) Each round-trip passage under (a), (b), and (c) above was made in a vessel applicable to the class of appointment for which the applicant is applying.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 305.08 Pilot Reappointment and Annual Passage Requirements. An applicant for reappointment by the authority and a pilot certifying passage requirements under Pda 305.09 shall certify that he or she:

(a) Has made a minimum of 4 round-trip passages in the 12 months preceding the date of the yearly anniversary of the pilot’s appointment or reappointment;

(b) Has made, at a minimum, one of the required 4 round-trip passages under (a) above during the hours of darkness;

(c) Has made each passage under (a) and (b) above aboard a vessel requiring a pilot and on which the applicant was acting as the vessel’s pilot; and

(d) Has made each passage under (a) and (b) above in a vessel applicable to the pilot’s class of appointment.

Source. #7870, eff 4-12-03; ss by #9891-A, eff 4-1-11; ss by #12760, eff 4-19-19

Pda 305.09 Required Annual Certifications.

(a) During a term of appointment and within 90 days prior to the yearly anniversary of a pilot’s appointment or reappointment, the pilot shall:

(1) Certify that:

a. The federal license required under Pda 305.06(b) is current and in good standing;

b. No action has been taken against the pilot’s federal license required under Pda 305.06(b);

c. The individual’s state driver’s license is current and valid;

d. No action has been taken against the individual’s state driver’s license; and

e. The individual has met the passage requirements of Pda 305.08; and

(2) Provide the division with a copy of a letter from the Coast Guard certifying that the following were received, accepted, reviewed, and determined to be satisfactorily completed by the Coast Guard:

a. A copy of the pilot’s current medical certificate issued by the Coast Guard; and

b. Documentation that the pilot has complied with the test for dangerous drugs under CFR 16.220 (10.1.14 edition) or that the applicant otherwise met, under 46 CFR 12.230 (10-1-14 edition), the Coast Guard’s requirements for random testing.

(b) Failure to submit the annual certifications required under (a) above shall result in the following:

(1) The pilot’s license under Pda 305 shall become invalid and remain invalid until the pilot provides the required certifications, provided that the certifications are received by the division no later than 30 days after the license becomes invalid;

(2) If the division receives the required certifications 30 days after the license became invalid, the license shall become valid upon receipt of the certifications; and

(3) If a pilot does not submit the required certifications within the time required under (1) above, the license shall expire.

Source. #9891-A, eff 4-1-11; amd by #11159, eff 8-19-16; ss by #12760, eff 4-19-19

PART Pda 306 FORMS

Pda 306.01 Application Form for Initial Pilot Appointment.

(a) Each person seeking an initial appointment as a pilot shall complete the “Application for Initial Pilot Appointment” provided by the division and deliver or mail the completed application to:

Pease Development Authority

Division of Ports and Harbors

555 Market Street

Portsmouth, NH 03801

(b) The applicant shall provide the following on the “Application for Initial Pilot Appointment”:

(1) The applicant’s full legal name;

(2) The applicant’s maiden name or other names used by the applicant, if applicable;

(3) The applicant’s date and place of birth;

(4) The address of the applicant’s residence, including:

a. Street and number;

b. City or town;

c. State; and

d. Zip code;

(5) Mailing address, if different from residence address;

(6) The applicant’s home telephone number;

(7) The applicant’s mobile/cell telephone number, if the applicant has a mobile/cell telephone;

(8) The applicant’s fax number, if the applicant has a fax machine;

(9) The applicant’s e-mail address, if the applicant has an e-mail address;

(10) The name of and information required under (4) - (9) relating to the applicant’s business, if applicable;

(11) The class of pilot licensure for which the applicant is applying;

(12) The applicant’s employment history relating to piloting or operation of vessels within the past 5 years, including:

a. The name and address of any previous employer;

b. Where and when the applicant was employed;

c. The type and gross tonnage of vessels on which the applicant was employed; and

d. The positions held and the dates when the positions were held under previous employers;

(13) A list of harbor areas where the applicant has served as pilot, including a description of any special navigational features associated with each harbor area, including, but not limited to:

a. Exceptional currents or tides; or

b. Difficult navigational obstructions; and

(14) A description of the training the applicant has received pertaining to pilotage skills.

(1) Was ever convicted of violating a controlled drug law of the United States, District of Columbia, or any state, or territory of the United States, including NH RSA 318-B, Controlled Drug Act, and laws relating to possession, use or sale of marijuana, which conviction has not been annulled;

(2) Has ever tested positive for a controlled drug, including marijuana, within the past 180 days, or has ever refused a test for a controlled drug;

(3) Was ever convicted by any court, including a military court, for an offense other than a minor traffic violation, which conviction has not been annulled;

(4) Was ever convicted of a traffic violation, which conviction has not been annulled, arising in connection with a fatal traffic accident, reckless driving, racing on the highway, or operating a motor vehicle while under the influence of or impaired by alcohol or a controlled drug;

(5) Has ever had his or her driver’s license revoked or suspended for refusing to submit to an alcohol or drug test;

(6) Was ever given a Coast Guard letter of warning or assessed a civil or administrative penalty by a federal or state agency or a court of competent jurisdiction for violation of maritime or environmental laws; and

(7) Has ever had any Coast Guard license or document voluntarily surrendered, revoked, or suspended.

(d) If there is an affirmative response to any of the items listed in subparagraphs (c)(1) - (7) above, the applicant shall attach an explanatory statement(s) to the application. If the applicant responds affirmatively to:

(1) Subparagraph (c)(1), the applicant shall attach a statement describing the violation and sentence;

(2) Subparagraph (c)(2), the applicant shall attach a statement explaining the circumstances of such refusal or positive drug test result;

(3) Subparagraph (c)(3) or (4), the applicant shall attach copies of any court order or judgment rendered;

(4) Subparagraph (c)(5), the applicant shall attach a statement describing the grounds for the revocation and conviction, and supply the name of the state issuing the license;

(5) Subparagraph (c)(6), the applicant shall attach a copy of the letter of warning and/or penalty assessment; and

(6) Subparagraph (c)(7), the applicant shall attach a statement describing the action taken by the Coast Guard and the reasons for the action;

(e) The applicant shall sign and date the application form, indicating agreement to the following statement relating to (d) above:

“I have attached a statement of explanation for all areas marked “yes” above. I have signed this section with full understanding that a false statement is a basis for denial of the application as well as criminal prosecution. I understand that failure to answer every question may delay my application.”

(f) The applicant shall include, as part of the application:

(1) A copy of a government-issued photo identification card of the applicant, such as a:

a. State-issued driver’s license;

b. Merchant Marine identification document; or

c. Valid United States passport;

(2) A certified copy of the applicant’s current license issued by the Coast Guard as master or mate, for ocean, near coastal, or inland, for vessels over 1,600 gross tons that includes the applicant’s:

a. Coast Guard pilotage endorsement for Portsmouth Harbor and the Piscataqua River up to and including Dover Point, New Hampshire;

b. Valid Coast Guard radar-observer endorsement; and

c. Bridge resource management certificate from a course approved by the Coast Guard;

(3) A copy of the record of any appointment granted to the applicant by the Pease development authority or the former New Hampshire port authority;

(4) A copy of the applicant’s military record, if the applicant has such a record;

(5) At least 2 letters attesting to applicant’s professional character from persons who hold a valid Coast Guard master or mate’s license;

(6) At least one letter of recommendation prepared in accordance with Pda 305.06(b)(7) from a pilot appointed by the Pease development authority or the former New Hampshire port authority; and

(7) Documentation that the applicant has met the passage requirements of Pda 305.07, including:

a. Description of the pilotage route for each passage;

b. The name, gross tonnage and official number, if applicable, of the vessel on which each passage was made;

c. The inbound or outbound beginning and ending times for each passage; and

d. Certifying signatures of the master of the vessel and the pilot for each passage.

(g) The applicant shall certify whether or not the applicant:

(1) Is a citizen of the United States of America;

(2) Was ever refused an authorization to pilot a vessel;

(3) Was ever convicted of a felony or misdemeanor, which has not been annulled;

(4) Was ever treated by a physician for drug or alcohol addiction or abuse;

(5) Was ever hospitalized for any mental or emotional illness within the past year;

(6) Has ever had a mental or physical illness or disability that restricted the applicant’s ability to operate as a pilot for more than 30 days;

(7) Has ever held an authorization to pilot vessels in New Hampshire or any other state or jurisdiction that has been suspended or revoked; and

(8) Holds a valid license issued by the Coast Guard as master or mate, for ocean, near coastal, or inland, for vessels over 1,600 gross tons that includes a:

a. Valid Coast Guard pilotage endorsement for Portsmouth Harbor and the Piscataqua River up to and including Dover Point, New Hampshire;

b. Valid Coast Guard radar-observer endorsement; and

c. Bridge resource management certificate from a course approved by the Coast Guard.

(h) An applicant who indicates they are not a citizen of the United States of America in certifying (g)(1), or who answers affirmatively in certifying (g)(2)-(7) shall submit an explanatory report that includes:

(1) A complete explanation of the circumstances which cause any certifying statement in (g)(1) - (7) to be preliminarily disqualifying; and

(2) For each circumstance which causes a statement in (g)(1) – (7) to be preliminarily disqualifying, an explanation as to why the authority should not find it to be grounds for denying the applicant’s appointment as a pilot.

(i) The form shall then be signed and dated. By signing the application form, the applicant shall certify that the information provided in the application is true, to the best of the applicant’s knowledge.

(j) The form shall contain the following certification language:

“I certify that the statements and information in the enclosed documents are to the best of my knowledge and belief true, accurate and complete. I am aware that my appointment as a pilot may be withdrawn or suspended by the Pease Development Authority for submitting false statements and information or omitting required statements and information.”

(k) The application shall require the applicant to separately sign and date a release authorization for a background investigation, as follows:

“To all courts, probation departments, Selective Service boards, employers, physicians, health care facilities, health care providers, educational institutions, and government, including all agencies and departments thereof:

I, ___________________, as an applicant for appointment by the Pease Development Authority as a pilot of vessels, have hereby authorized the Pease Development Authority to conduct an investigation into my background for the purpose of determining my suitability and eligibility for such appointment. You are hereby authorized to release any and all information pertaining to me, documentary or otherwise, as requested by an appropriate employee, agent or representative of the Pease Development Authority. This authorization shall supersede and countermand any prior request or authorization to the contrary.”

Source. #7870, eff 4-12-03; ss by 9891-B, eff 4-1-11; amd by #11159, eff 8-19-16; ss by #12760, eff 4-19-19

Pda 306.02 Application Form for Pilot Reappointment.

(a) Each person seeking reappointment as a pilot shall complete an “Application for Pilot Reappointment” provided by the division and deliver or mail the completed application to:

Pease Development Authority

Division of Ports and Harbors

555 Market Street

Portsmouth, NH 03801

(b) The applicant shall provide the following on the “Application for Pilot Reappointment”:

(1) The applicant’s full legal name;

(2) The applicant’s maiden name or other names used by the applicant, if applicable;

(3) The applicant’s date and place of birth;

(4) The address of the applicant’s residence, including:

a. Street number and name;

b. City or town;

c. State; and

d. Zip code;

(5) Mailing address, if different from residence address;

(6) The applicant’s home telephone number;

(7) The applicant’s mobile/cell telephone number, if the applicant has a mobile/cell telephone;

(8) The applicant’s fax number, if the applicant has a fax machine;

(9) The applicant’s e-mail address, if the applicant has an e-mail address;

(10) The name of and information required under (4) – (9) relating to the applicant’s business, if applicable;

(11) The class of pilot licensure for which the applicant is applying;

(12) The applicant’s employment history relating to piloting or operation of vessels within the past 5 years, including:

a. The name and address of any previous employer;

b. Where and when the applicant was employed;

c. The type and gross tonnage of vessels on which the applicant was employed; and

d. The positions held and the dates when the positions were held under previous employers;

(13) A list of harbor areas where the applicant has served as pilot, including a description of any special navigational features associated with each harbor area, including, but not limited to:

a. Exceptional currents or tides; or

b. Difficult navigational obstructions; and

(14) A description of the training the applicant has received pertaining to pilotage skills.

(2) Has ever tested positive for a controlled drug, including marijuana, within the past 180 days, or has ever refused a test for a controlled drug;

(3) Was ever convicted by any court, including a military court, for an offense other than a minor traffic violation, which conviction has not been annulled;

(5) Has ever had his or her driver’s license revoked or suspended for refusing to submit to an alcohol or drug test;

(6) Was ever given a Coast Guard letter of warning or been assessed a civil or administrative penalty by a federal or state agency or a court of competent jurisdiction for violation of maritime or environmental laws; and

(7) Has ever had any Coast Guard license or document voluntarily surrendered, revoked, or suspended.

(d) If there is an affirmative response to any of the items listed in subparagraphs (c)(1) – (7) above, the applicant shall attach an explanatory statement(s) to the application as follows: