Current through Register No. 40, October 3, 2024
(a)
If the commissioner grants a petition to designate a lake for assisted
protection, the order granting the petition shall:
(1) Set the conditions under which the
commissioner is granting the petition based on the information provided by the
petitioners as specified in
Saf-C
416.02(c);
(2) Specify the manner in which assisted
protection shall be implemented by the department;
(3) State which of the laws or department
rules summarized in Saf-C 416.08(d) below are to be addressed by the department
as part of the assisted protection order; and
(4) State the manner in which the petitioners
and other volunteers identified by the petitioners will be required or
permitted to assist the department in implementing assisted protection on the
lake.
(b) If the
petitioners expressly request a hearing under
RSA 270:12
as part of their petition, and the request is duly noticed and conducted in the
manner required by
RSA
270:12, the commissioner shall, if in
compliance with Saf-C 409, as part of the order granting assisted lake
protection, specify speed limits, horse-power limits, and restrictions on
water-skiing and tubing to specified areas or particular time periods of the
day.
(c) The commissioner shall
condition the granting of a petition on petitioners doing one or more of the
following, either individually or acting through their lakes association(s):
(1) Providing a specified number of
individuals who will become volunteer members of the marine patrol auxiliary
and provide service in such capacity on the designated lake during time periods
specified by the commissioner;
(2)
Providing a specified number of volunteers who shall be certified under the
training program specified in
Saf-C
416.09(c) prior to serving as a
volunteer, and who either as part of a lakes association or otherwise will
agree to serve on the lake during periods specified by the commissioner as a
"courtesy patrol" or in some other volunteer capacity specified by the
commissioner;
(3) Providing such
equipment, training and other resources as the commissioner indicates is
necessary to implement the volunteer activities necessary to implement assisted
lake protection;
(4) Requiring that
volunteers certified under the training program specified in
Saf-C
416.09(c) and
Saf-C
416.10 procure and wear identifying clothing approved
by the department when acting as volunteers on the lake; or
(5) Requiring that, to the extent practical,
signs be posted at access points to the lake or other prominent locations
stating that the lake has been designated by the department for assisted
protection and indicating the extent to which volunteers will be available to
assist boaters on the lake.
(d) The department's order granting assisted
lake protection shall indicate that the department will implement assisted
protection in order to fulfill its obligations with respect to one or more of
the following laws or rules:
(1) Those
provisions of Saf-C 5100 regarding the waterbody in question and that addresses
motor boat operators exceeding "no wake" limits, if any;
(2)
Saf-C 403.05
regarding fire extinguishers;
(3)
RSA
270-D:7 prohibiting the riding the gunwale of
a boat or straddling its bow or transom;
(4)
Saf-C 403.07
regarding approved flame arrestors;
(5)
RSA
270-D:2, I regarding
exceeding headway speed under bridges;
(6)
RSA 270-E:3
regarding unregistered boats on state waters;
(7)
RSA
270-D:2, regarding failure to yield
right-of-way;
(8)
RSA
270:30 regarding persons under 16 operating a
boat having greater than 25 horsepower;
(9)
RSA
270:33 regarding the improper use of an
aquatherm;
(10)
RSA
270:44 regarding rafting violations;
RSA
270:11 and
Saf-C
403.11 regarding motor boats improperly equipped with
sound reducing devices;
(11)
RSA
270-E:8 and the provisions of Saf-C 2306
regarding the improper display of registration;
(12)
RSA 270:26,
III regarding attaching boats to buoys or
navigational aids;
(13)
Saf-C
403.01 regarding required life preservers;
(14)
Saf-C
403.12 regarding required lighting on boats;
(15)
RSA
270-D:2, VI regarding unsafe
passage at less than 150 feet;
(16)
RSA
270:31 regarding use of diving flag when
scuba diving;
(17)
RSA
270:30-a regarding the transportation of a
child under the age of 5 in a boat without the child wearing a life
preserver;
(18)
RSA
270-D:3 regarding water ski
violations;
(19)
RSA 270-D:5 regarding
overloading;
(20)
RSA
270:37 regarding noise level testing and
requirements;
(21)
RSA
482-A:12 regarding construction projects in
wetlands without posted wetlands permit;
(22) RSA 163-B regarding depositing litter in
public waters; and
(23)
RSA
270:29-a regarding the operation of a motor
boat in a careless or negligent manner, or in a manner that the lives and
safety of the public are endangered.
#7322, eff 7-25-00; (See Revision Note #1 at chapter
heading) renumbered by #9211 (formerly Saf-C 414.08); EXPIRED: 7-25-08
New.(See Revision Note #2 at
chapter heading) #9544, eff 9-15-09 (formerly Saf-C 415.08
)
