1. (a) The division director or designee shall grant pursuant to Pda 706.02 single-use state-owned restricted pier slip permits for the Barker wharf or the Burge wharf only for the following vessels on a space available basis if authorized under a written contractual agreement referenced in Pda 704.02(d):

   1. (1) A charter boat;
   2. (2) A commercial cargo vessel in transit requiring a temporary berth or seeking to load or unload cargo in New Hampshire; or
   3. (3) Any vessel invited to Portsmouth harbor by a nonprofit organization registered in New Hampshire or any state or local governmental agency to attend or otherwise participate in any celebration, festival, or historical reenactment held within the state.

2. (b) The division director or designee shall grant, pursuant to Pda 706.02, single-use state-owned restricted pier slip permits for the marine terminal wharves on a space available basis for any vessel authorized under a written contractual agreement referenced in Pda 704.02(d):

   1. (1) Proposing to occupy all or a portion of one of the slips located at the marine terminal wharves; and
   2. (2) That agrees to pay the applicable slip fee and all other applicable fees associated with use of the marine terminal wharves.
3. (c) The owner or operator of a vessel identified under (a) or (b) above shall be permitted to apply for a single-use state-owned restricted pier slip permit.

4. (d) A single-use state-owned restricted pier slip permit shall allow the vessel to occupy a slip or portion of a slip at the state-owned restricted pier, as specified in the permit, subject to the Pda 700 and such additional terms and conditions set forth in a written contractual agreement. The written contractual agreement shall include the following terms and conditions:

   1. (1) The specific primary use(s) and any accessory use(s) for that user permitted by the authority, whether such uses are exclusive or nonexclusive, and any restrictions or limitations on use specific to the authorized user;
   2. (2) Payment of the amount of dockage, wharfage, or other fees or charges to the authority;
   3. (3) Insurance types and coverage amounts required by the authority;
   4. (4) Indemnification of the authority for any injury to person or property; and
   5. (5) The contract term together with the date and time of permitted use(s).
5. (e) A single-use state-owned restricted pier slip permit shall be valid for a one-time use of the pier for the period of time specified in the permit, not to exceed 24 hours. The holder of the permit may extend the stay beyond the time in the permit by paying the required fee(s), subject to available slip space.
6. (f) A single-use state-owned restricted pier slip permit shall not be transferable.

7. (g) Any person who qualifies for a single-use state-owned restricted pier slip permit may make application for a permit by:

   1. (1) Submitting an application as described in Pda 706.02 to the division; and
   2. (2) Paying the single-use state-owned restricted pier slip permit fee.

Source. #8845, eff 3-21-07; ss by #10949, eff 10-20-15; ss by #14376, eff 9-20-25, EXPIRES: 9-20-35