Current through Register No. 12, March 21, 2024
(a) Each
person seeking a commercial use mooring permit or temporary seasonal commercial
use mooring permit as provided in
Pda
506.11(e)(2) shall complete a
commercial use mooring permit application form provided by the division and
hand 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 division
the following information utilizing the "Commercial Mooring Permit Application
Form":
(1) The applicant's full legal
name:
(2) The name and address of
the applicant's business;
(3) The
name of a business contact person and the best way to contact that
person;
(4) The applicant's mailing
address, if different from the permanent address;
(5) Whether the business is a fishing,
charter, or water-dependent business;
(6) Which address the applicant requests be
used as the correspondence address by the division, if different from the
permanent address;
(7) The
applicant's type of business organization;
(8) The applicant's telephone number(s)
including:
a. Business telephone
number;
b. Home telephone
number;
c. Business fax number, if
the applicant has a business fax number;
d. Emergency telephone number; and
e. Cell telephone number, if different from
permanent telephone number;
(9) The applicant's e-mail address, if the
applicant has an e-mail address; and
(10) The following information pertaining to
the vessel:
a. Vessel name;
b. New Hampshire state registration
number;
c. Vessel LOA;
d. Vessel draft;
e. Vessel color; and
f. Type of vessel, including whether the
vessel is a fishing or charter vessel.
(c) The applicant shall attach:
(1) A photocopy of the current New Hampshire
state registration for the commercial vessel listed on the mooring permit
application;
(2) For every business
organization, except a sole proprietorship:
a. A statement describing whether the
organization is:
1. A partnership, including
type of partnership;
2. A
corporation;
3. A limited liability
company;
4. A trust, including type
of trust;
5. An association;
or,
6. Another entity, including a
description of such entity's organizational structure;
b. A list of its directors, officers,
partners, managers, trustees, or members, as applicable; and
c. A description of its purpose;
(3) For every business
organization, except a sole proprietorship or general partnership, proof of
authorization from the secretary of state to do business in New
Hampshire;
(4) For every trust and
unincorporated business organization including, but not limited to,
partnerships and unincorporated associations, a copy of its governing
instrument(s);
(5) If the business
organization is a sole proprietor doing business in this state under any other
name than his own, a partnership, association, or any other entity required to
register a trade name with the New Hampshire secretary of state pursuant to
RSA
349:1, a copy of the certificate of trade
name issued by the secretary of state;
(6) If the applicant is engaged in commercial
fishing:
a. A photocopy of the New Hampshire
fish and game saltwater fishing license or New Hampshire fish and game
commercial lobster license of the applicant or, if the applicant is a business
entity, of at least one officer or one member of the business entity;
and
b. Documentary evidence of the
commercial sales of marine species for the prior calendar year, unless the
business is starting up in the year of application;
(7) If the applicant operates a charter boat:
a. A photocopy of the US Coast Guard
Captain's license of the applicant, or, if the applicant is a business entity,
of at least one officer, member, or employee of the business entity, for the
type and size of vessel of the applicant; and
b. A minimum of 2 items of business
identification from the following list:
1. A
business brochure;
2. A photocopy
of the passenger manifest or log book for the most recent month prior to the
application;
3. A photocopy of
receipt(s) for business advertisement(s) commissioned within the most recent 12
months prior to this application; and
4. Evidence of membership in a business or
marine-related trade association, including, but not limited to:
(i) A current membership card; or
(ii) A letter from an officer of the
association attesting to the current membership of the applicant in the
association;
(8) If the applicant is a water-dependent
business, a minimum of 2 items of business identification from the following
list:
a. A business brochure;
b. A photocopy of receipt(s) for business
advertisement(s) commissioned within the most recent 12 months prior to this
application; and
c. Evidence of
membership in a business or marine-related trade association, including, but
not limited to:
1. A current membership card;
or
2. A letter from an officer of
the association attesting to the current membership of the applicant in the
association;
(9) An explanation of how the commercial
vessel is used to further the purposes of the water-dependent business as
defined in
Pda 502.31(a) or
(b) as applicable; and
(10) The mooring permit fee, provided that
fees paid in the form of a check or a money order shall be made payable to
"Pease Development Authority, Division of Ports and Harbors" or
"PDA-DPH."
(d) By signing
the form, the applicant shall certify the following:
(1) If the vessel owner is other than an
individual: "I hereby certify that the applicant uses the vessel described in
this application primarily for commercial purposes and that such vessel is not
used for noncommercial use for more than 14 days cumulatively during the period
from April 1 to March 31. I also certify that I am duly authorized on behalf of
the applicant to make the foregoing certification;"
(2) If the vessel owner is an individual: "I
hereby certify that I use the vessel described in this application primarily
for commercial purposes and that such vessel is not used for noncommercial use
for more than 14 days cumulatively during the period from April 1 to March
31";
(3) "I hereby certify that I,
or the business organization that I represent, release and indemnify Pease
Development Authority and hold Pease Development Authority harmless from any
and all claims or liability which may arise on account of the use of the
mooring;"
(4) If the application is
for a temporary seasonal mooring permit: "I hereby certify that if I, or the
business organization that I represent, enters into an agreement with the
mooring permit holder to use the mooring equipment presently located at the
mooring site, I acknowledge that the mooring equipment is not owned or
maintained by the Pease Development Authority and that the Pease Development
Authority makes no representation as to the condition of the mooring equipment
or its suitability for my intended use;" and
(5) "I hereby 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 mooring permit or
placement on a mooring wait list may be withdrawn by the Pease Development
Authority for submitting false statements or information or omitting required
statements or information."
(e) The applicant shall sign and date the
application.
#7940, eff 8-23-03; amd by #8184, eff 10-1-04; amd by
#8775, eff 12-16-06; ss by #9975, eff 8-20-11 (See Revision Note at chapter
heading for Pda 500)