new hampshire: the legal requirements of boating · 1 new hampshire: the legal requirements of...

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New Hampshire: The Legal Requirements of Boating

Your Vessel’s Certificate of Registration and DecalRequirements for vessel registration vary from state to state. In New ◆Hampshire, you must have a Certificate of Registration and validation decals to operate a vessel on public waters. This includes motorboats of any size, and sailboats or sailboards 12 feet in length or longer. The only exceptions are:

Sailboats and sailboards under 12 feet in length•Other small, non-motorized vessels such as canoes and kayaks•Vessels registered in other states using New Hampshire waters for 30 or fewer •consecutive daysVessels owned or operated by the U.S. government•

The Certificate of Registration and validation decals are obtained by submitting ◆the proper application and fee to the Department of Safety, Division of Motor Vehicles, or one of its authorized agents.The Certificate of Registration must be on board and available for inspection by an ◆enforcement officer whenever the vessel is operated.The registration number and validation decals must be displayed as follows. ◆

Number must be painted, applied as a decal, or otherwise affixed to both •sides of the forward half of the vessel such that it is clearly readableNumber must read from left to right on both sides of the vessel. •Number must be in at least three-inch-high • BLOCK letters.Number’s color must contrast with the hull background.•Letters must be separated from the numbers by a hyphen or a space: •NH‑3717‑ZW or NH 3717 ZW.Decals must be placed on both sides of the bow within six inches of and to •the right of the number.

Sailboats that are at least 12 feet but less than 20 feet in length need to display the ◆validation decals only (not the number) within two feet of the extreme forward part of the bow.If your vessel requires registration, it is illegal to operate it or allow others to ◆operate your vessel unless it is registered and numbered as described above.

Other Facts about Registering and Titling Your VesselThe Certificate of Registration expires on December 31 of each year. Owners ◆of vessels that have been registered previously will be sent a renewal notice.The owner of a numbered vessel must notify the Department of Safety, ◆Division of Motor Vehicles, within 15 days if he or she changes address or if the vessel is lost, stolen and/or recovered, destroyed, abandoned, or sold.Vessels registered in another state may operate on New Hampshire waters for ◆30 consecutive days before New Hampshire registration is required.If you lose or destroy your Certificate of Registration or decals, you must apply ◆for a duplicate and submit a processing fee.Larger recreational vessels owned by U.S. citizens may (at the option of the ◆owner) be documented by the U.S. Coast Guard (USCG). Call the USCG at 1-800-799-8362 for more information. Documented vessels also must obtain a New Hampshire registration and carry the Certificate of Registration on board. However, these vessels are not required to display their registration number, but they must display the validation decals within two feet of the extreme forward part of the bow.

Certificate of RegistrationThe Certificate of Registration must be carried on board whenever the vessel is operated.

Registration Questions?Contact the New Hampshire Department of Safety, Division of Motor Vehicles, by calling 603-271-2333.

Spaces or hyphens should appear here.

NH 3717 ZW ■

Validation Decal

PWCs also are required to display the certificate’s number and validation decals.

NH 3818 ZW ■

Copyright © 2010 by Boat Ed. All rights reserved. Boat Ed is not responsible or liable for any claims, liabilities, damages, or other adverse effects or consequences to any person or property caused or alleged to be caused directly or indirectly from the application or use of the information contained in this publication. Boat Ed, 14086 Proton Road, Dallas, TX, 75244

2 ■ State Law

Hull Identification NumberThe Hull Identification Number (HIN) is a unique, 12-digit number assigned ◆by the manufacturer to vessels built after 1972. Hull Identification Numbers: ◆

Distinguish one vessel from another —the same as serial numbers distinguish •one car from another.Are engraved in the fiberglass or on a metal plate permanently attached to •the transom.

You should write down your HIN and put it in a place separate from your ◆vessel in case warranty problems arise or your vessel is stolen.Owners of vessels manufactured after October 1, 1972, or of homemade vessels ◆that do not have a HIN should notify the Department of Safety, Division of Motor Vehicles.

Who May Operate a VesselA vessel powered by 25 horsepower or less ◆ does not require the operator to have a Safe Boater Education Certificate.A “ski craft” ◆ (motorized vessel less than 13 feet long that is capable of exceeding 20 miles per hour and has the capacity to carry no more than an operator and one other person) may be operated only by persons who are 16 years old or older and who have a valid Safe Boater Education Certificate.A vessel powered by more than 25 horsepower (other than a “ski craft”) ◆ may be operated by:

A person under 16 years of age• only if he or she is accompanied by a person 18 years old or older who has a valid Safe Boater Education Certificate. The accompanying person is responsible for any injury or damage caused during operation of the vessel.A person 16 years of age or older• only if he or she has obtained a Safe Boater Education Certificate.

A Safe Boater Education Certificate ◆ may be obtained by persons 16 years of age or older only and must be carried on board.

New Hampshire accepts the following boating education certificates: •A boating certificate issued by another State agency and NASBLA -approved.A boating certificate issued by the US Power Squadron. -A boating certificate issued by the US Coast Guard Auxiliary. -An unexpired commercial boating license issued by the US Coast Guard. -An unexpired commercial boating license issued by the State of New -Hampshire.

If you wish to operate a motorboat on New Hampshire waters and •you do not have any of the above certificates, please visit our website boatingeducation.nh.gov, or call us at 1-888-254-2125.

Those required to have a Safe Boater Education Certificate must carry the certif-icate on board whenever they are operating a vessel powered by more than 25 horsepower.

Remember …

ABC 67689 B6 06

Manufacturer’s Hull Serial Date of Model Identification Number Manufacture Year Code (MIC)

Hull Identification Number


3State Law ■

Unlawful Operation of a VesselNew Hampshire law states that these dangerous operating practices are illegal.

Failure to Follow the Navigational Rules ◆ is not observing the navigational rules described in Chapter 3. In addition, it is unlawful to:

Fail to stop or reverse when it appears that there is danger of collision.•Change course suddenly without first determining that it can be done •without crossing immediately ahead of another vessel.

Unsafe Passage ◆ is not maintaining a proper speed or distance while operating a vessel or while towing a person on water skis or any similar device. Specifically, the following operations are illegal.

Operating a vessel at greater than • headway speed if within 150 feet of:Swimmers in the water -Other vessels -Rafts or floats -Permitted swimming areas -Docks or mooring fields -The shoreline -

Operating a vessel at greater than headway speed while within 150 feet of a •bridge or while passing under a bridgeOvertaking another vessel at a distance and speed such that your wake causes •danger or damage

Riding on the Bow, Gunwales, or Transom ◆ is allowing passengers to ride on a power-driven vessel in places where there may be a chance of falling overboard while underway. This includes passengers straddling the bow or riding on the gunwales or transom.Overloading ◆ is loading the vessel with gear or passengers beyond its safe carrying capacity, taking into consideration weather and other operating conditions.“Ski craft” (motorized vessels less than 13 feet long that are capable of ◆exceeding 20 miles per hour and with capacity to carry no more than two persons) have additional regulations they must follow (see page 35).

Homeland Security RestrictionsRecreational boaters have a role in keeping our waterways safe and secure.

Violators of the restrictions below can expect a quick and severe response. ◆Do not approach within 100 yards and slow to minimum speed within 500 •yards of any U.S. Naval vessel. If you need to pass within 100 yards of a U.S. Naval vessel for safe passage, you must contact the U.S. Naval vessel or the U.S. Coast Guard escort vessel on VHF-FM channel 16. Observe and avoid all security zones. Avoid commercial port operation areas, •especially those that involve military, cruise-line, or petroleum facilities.Observe and avoid other restricted areas near dams, power plants, etc.•Do not stop or anchor beneath bridges or in the channel. •

Keep a sharp eye out for anything that looks peculiar or out of the ordinary. ◆Report all activities that seem suspicious to the local authorities, the U.S. Coast Guard, or the port or marina security.

overboard Over the side or out of the vessel

gunwale Upper edge of vessel’s side (generally pronounced “gunnel”)

As the owner of a vessel, you are responsible for any injury or damage caused by others you allow to operate your vessel.

Remember …

headway speed The slowest speed at which it is still possible to maintain steering or 6 miles per hour

Avoid all security zones and restricted areas. Keep a sharp eye out for anything that looks peculiar or out of the ordinary.


4 ■ State Law

Alcohol and DrugsNew Hampshire law prohibits anyone from boating while intoxicated (BWI)—

that is, operating any vessel (including vessels propelled by a motor or sail, canoes, and kayaks) while under the influence of alcohol, controlled drugs, or any combi-nation of alcohol and controlled drugs. Alcohol and drugs cause impaired balance, blurred vision, poor coordination, impaired judgment, and slower reaction time. Alcohol is a major contributor to boating accidents and fatalities. Read more about the effects and risks of consuming alcohol in Chapter 5.

The following conditions determine if you are boating under the influence. ◆If your blood alcohol concentration is 0.08% or greater by weight of alcohol •as determined by a breath, blood, or urine test, you are considered to be under the influence of alcohol.If your blood alcohol concentration is greater than 0.03% but less than •0.08% by weight of alcohol as determined by a breath, blood, or urine test, that fact along with other evidence can be used to determine if you are under the influence.

New Hampshire law establishes the following penalties. ◆Persons convicted of boating under the influence will:•

Lose the privilege to operate a vessel for at least one year. -Have the BWI conviction become part of their motor vehicle driving -record.Receive a fine. -Have their driver’s license or privilege to drive a motor vehicle revoked for -not less than nine months, not to exceed two years.

If convicted of boating under the influence while transporting a person •under 16 years of age, the operator must complete a seven-day residential intervention program at their own expense, in addition to the penalties above.Any person convicted of a subsequent offense—BWI or DWI—faces •enhanced penalties.If a person boating under the influence causes the death of another person, •he or she may be charged with a felony.

By operating a vessel on New Hampshire waters, you have consented to a ◆sobriety test if requested by a law enforcement officer. Refusal to be tested is a separate offense and may be offered as evidence in a civil or criminal action.

Obstructing NavigationVessel operators should always be considerate of other vessel operators even when

stopping to anchor or moor. Keep in mind that it is illegal to:Operate any vessel in such a way that it will interfere unnecessarily with the safe ◆navigation of other vessels on the waterway. Place an obstruction in the water that is dangerous to others’ navigation. ◆Anchor a vessel in the traveled portion of a river or channel that will prevent or ◆interfere with any other vessel passing through the same area.Moor or attach a vessel to a buoy (other than a mooring buoy), beacon, light, ◆or any other navigational aid placed on public waters by proper authorities.Move, displace, tamper with, damage, or destroy any navigational aid. ◆Obstruct a pier, wharf, boat ramp, or access to any facility. ◆Cut loose any vessel that is moored or at anchor without the permission of the ◆owner.Anchor overnight on any inland body of water. ◆

Areas of Impairment Due to Blood Alcohol Concentration (BAC)

moor To keep a vessel in place by setting anchor or tying the vessel to a fixed object or buoy

Because you can drink faster than your system can burn off the alcohol, there is an increasing level of alcohol in your blood. This level is referred to as Blood Alcohol Concentration (BAC).

Don’t Drink and Boat!

The best thing you can do for your safety and the safety of your passengers and other boaters is simple ...


5State Law ■

Personal Flotation Devices (Life Jackets)All vessels must be equipped with U.S. Coast Guard–approved life jackets, called

personal flotation devices (PFDs). The quantity and type depends on the length of your vessel and the number of people on board and/or being towed. Each PFD must be in good condition, be the proper size for the intended wearer, and very importantly, be readily accessible! Readily accessible means you must be able to put the PFD on in a reasonable amount of time in an emergency (vessel sinking, on fire, etc.). PFDs should not be stowed in plastic bags or in locked or closed compart-ments, and they should not have other gear stowed on top of them.

Vessel operators should ask everyone on their vessel to wear a PFD (life jacket) whenever on the water. Life jackets can save lives, but only if they are worn!

PFD RequirementsAll vessels must carry one •wearable (Type I, II, III, or V) USCG–approved life jacket (PFD) for each person on board. Type V PFDs must be worn to be acceptable.

All life jackets must be in good and •serviceable condition and must be readily accessible. The life jackets must be of the proper size for the intended wearer. Sizing for life jackets is based on body weight and chest size and can be determined by the manufacturer’s label.

In addition to the above requirements, •vessels 16 feet in length or longer (except canoes and kayaks) must have one Type IV USCG–approved throwable PFD on board and immedi-ately available.

Children 12 years of age and younger •must wear a USCG–approved life jacket at all times while underway on a vessel, unless the vessel is completely enclosed by railings at least three feet high and constructed such that a small child cannot fall through them. It is strongly recommended that children of all ages wear their life jackets.

The operator of a “ski craft” must •wear a USCG–approved life jacket.

Each person being towed behind a •vessel must wear a USCG–approved life jacket.

PFD DescriptionsTYPE I: Offshore Life JacketsThese vests are geared for rough or remote waters where rescue may take awhile. They provide the most buoyancy, are excellent for flotation, and will turn most unconscious persons face up in the water.

TYPE II: Near-Shore VestsThese vests are good for calm waters when quick assistance or rescue is likely. Type II vests will turn some unconscious wearers face up in the water, but the turning is not as pronounced as with a Type I.

TYPE III: Flotation AidsThese vests or full-sleeved jackets are good for calm waters when quick assistance or rescue is likely. They are not recommended for rough waters since they will not turn most unconscious persons face up. Type III PFDs are used for water sports, such as water-skiing. Some Type III PFDs are designed to inflate when you enter the water.

TYPE IV: Throwable Devices/Not WearableThese cushions and ring buoys are designed to be thrown to someone in trouble. Since a Type IV PFD is not designed to be worn, it is neither for rough waters nor for persons who are unable to hold onto it.

TYPE V: Special-Use DevicesThese vests, deck suits, hybrid PFDs, and others are designed for specific activities such as windsurfing, kayaking, or water-skiing. Some Type V PFDs are designed to inflate when you enter the water. To be acceptable, Type V PFDs must be used in accordance with their label.

An emergency situation (rough water, rapid onset of bad weather, or dangerous boating traffic) can occur suddenly—leaving little or no time to put on life jackets. Life jackets are very difficult to put on once you are in the water. Be a smart boater, and have everyone on board your vessel wear their life jackets at all times.

Types of Personal Flotation DevicesRead and follow the label restrictions on all PFDs.

TYPE I

TYPE II

TYPE III

TYPE IIIInflatable

TYPE V

TYPE IVRing Buoy

TYPE IVCushion


6 ■ State Law

Fire ExtinguishersExtinguishers are classified by a letter and number symbol. The number ◆indicates the relative size of the extinguisher, and the letter indicates the type of fire it will extinguish.

Type A• fires are of combustible solids like wood.Type B• fires are of flammable liquids like gasoline or oil.Type C• fires are electrical fires.

Every vessel that has an engine other than an electric motor must have a fire ◆extinguisher(s) on board. See the table below for the exact requirements. Foam, carbon dioxide, dry chemical, and halon extinguishers may be used to fight Type B fires.Approved types of fire extinguishers are identified by the following marking on ◆the label—“Marine Type USCG Approved”—followed by the type and size symbols and the approval number.

Use this chart to determine the type and quantity of fire extinguishers required for your vessel.Length of Vessel Without Fixed System With Fixed System*Less than 26 feet one B-I None

26 feet to less than 40 feet two B-I or one B-II one B-I40 feet to less than 65 feet three B-I or one B-II and one B-I two B-I or one B-II

* refers to a permanently installed fire extinguisher system

Extinguishers should be placed in an accessible area—not near the engine or in ◆a compartment, but where they can be reached immediately. Be sure you know how to operate them.Fire extinguishers must be maintained in usable condition. Inspect extin- ◆guishers regularly to ensure the following.

Seals and tamper indicators are not broken or missing.•Pressure gauges or indicators read in the operable range.•There is no physical damage, corrosion, leakage, or clogged nozzles.•

PWC operators need to take special steps in case of fire. Because their fire extinguishers may not be easily accessible, they should simply swim away quickly and use another operator’s extinguisher.

Check the charge level of your fire extinguishers regularly. Replace them immediately if they are not fully charged.

Fire Extinguisher Charge Indicators

green button

To check this style of extin-guisher, depress the green button. If it is fully charged, the green button should pop back out immediately.

On this style of fire extinguisher, the needle indicator should be in the “full” range.

Keep bilges clean and free of trash in order to reduce the risk of fire.

Remember …


7State Law ■

Backfire Flame ArrestorsBecause boat engines may backfire, all powerboats (except outboards) that are

fueled with gasoline must have an approved backfire flame arrestor on each carbu-retor. Backfire flame arrestors are designed to prevent the ignition of gasoline vapors in case the engine backfires.

Backfire flame arrestors must be: ◆In good and serviceable condition•U.S. Coast Guard–approved (must comply with SAE J-1928 or UL 1111 •standards)

It is illegal to have any holes in the mesh of the backfire flame arrestor. ◆Periodically clean the flame arrestor(s) and check for any damage. ◆

Ventilation SystemsVentilation systems are crucial. Their purpose is to avoid explosions by removing

flammable gases. Properly installed ventilation systems greatly reduce the chance of a life-threatening explosion.

All gasoline-powered vessels, constructed in a way that would entrap fumes, ◆must have at least two ventilation ducts fitted with cowls to remove the fumes. At least one exhaust duct must extend from the open atmosphere to the lower bilge. At least one intake duct must extend from a point at least midway to the bilge or below the level of the carburetor air intake.If your vessel is equipped with a power ventilation system, turn it on for at ◆least four minutes after fueling and before starting your engine. Also turn the ventilation system on anytime you are operating your vessel at less than cruising speed.If your vessel is not equipped with a power ventilation system (for example, a ◆personal watercraft), open the engine compartment and sniff for gasoline fumes before starting the engine.

Mufflers and Noise Level LimitsVessel operators may not hear sound signals or voices if the engine is not

adequately muffled.All vessel engines must be equipped with an effective muffling device or under- ◆water exhaust. The noise level of any motorized vessel must not exceed these limits. ◆

Stationary test limit:•90 decibels for engines manufactured prior to January 1, 1991 -88 decibels for engines manufactured on or after January 1, 1991 -

Moving test limit as measured on the “A” scale and from a distance of •50 feet:

84 decibels for engines manufactured prior to January 1, 1991 -82 decibels for engines manufactured on or after January 1, 1991 -

It is illegal to own or operate a vessel that exceeds the decibel limit or a vessel ◆that is equipped with a device that adjusts the muffling device.

Vessels built after July 31, 1980, which contain power exhaust blowers in gasoline engine compartments, must have the above warning sticker placed near the instrument panel.

WARNING:Gasoline vapors can explode. Before

starting engine, operate blower for four minutes and check (using your nose)

engine compartment for gasoline vapors.

backfire Explosion of prematurely ignited fuel or of unburned exhaust gases in an internal combus-tion engine

Powerboats are built to ventilate the engine when underway. As the boat moves along, an air intake scoops up fresh air and forces it down the air duct into the engine compartment. The exhaust sucks out the explosive fumes from the lowest part of the engine and fuel compartments.

cowl Hooded opening designed to scoop in air

©Minnesota Dept. of Natural Resources


8 ■ State Law

Navigation LightsVessel operators must make sure that their vessels are equipped with the proper ◆navigation lights and use the lights during these conditions:

When away from the dock between sunset and sunrise•During periods of restricted visibility such as fog or heavy rain•

The different types of navigation lights are described in “Navigation Lights” in ◆Chapter 3. No other lights that may be mistaken for required navigation lights may be exhibited. Note: Blue or red flashing lights are restricted to use by law enforcement vessels only.The required navigation lights differ depending on the type and size of ◆your vessel. The common lighting configurations for recreational vessels are discussed below. For other configurations and requirements for larger vessels, see the U.S. Coast Guard’s Navigation Rules.

Power-Driven Vessels Less Than 65.6 Feet Long When UnderwayIf less than 65.6 feet (20 meters) long, these vessels must exhibit the lights as

shown in illustration 1. Remember, power-driven vessels include sailboats operating under engine power. The required lights are:

Red and green sidelights visible from a distance of at least two miles away—or ◆if less than 39.4 feet (12 meters) long, at least one mile away—on a dark, clear night.An all-round white light (if less than 39.4 feet long) or both a masthead light ◆and a sternlight. These lights must be visible from a distance of at least two miles away on a dark, clear night. The all-round white light (or the masthead light) must be at least 3.3 feet (one meter) higher than the sidelights.

Unpowered Vessels When Underway Unpowered vessels are sailing vessels or vessels that are paddled, poled, or rowed.

If less than 65.6 feet long, these vessels must exhibit the lights as shown in illus- ◆tration 2. The required lights are:

Red and green sidelights visible from a distance of at least two miles •away—or if less than 39.4 feet long, at least one mile away—on a dark, clear night.A sternlight visible from a distance of at least two miles away.•

If less than 23.0 feet (7 meters) long, these vessels should: ◆If practical, exhibit the same lights as required for unpowered vessels less than •65.6 feet in length.If not practical, have on hand at least one lantern or flashlight shining a •white light as shown in illustration 3.

All Vessels When Not Underway All vessels are required to use a white light visible for 360 degrees and from a

distance of two miles whenever they are moored or anchored away from dock between sunset and sunrise.

An alternative to the sidelights and sternlight is a combination red, green, and white light, which must be exhibited near the top of the mast.

2. Unpowered Vessels Less Than 65.6 Feet

3. Unpowered Vessels Less Than 23 Feet

To prevent a collision, vessel operators should never leave shore without a flashlight. Even if you plan to return before dark, unforeseen develop-ments might delay your return past nightfall.

1. Power-Driven Vessels Less Than 65.6 Feet

The red and green lighting must conform to the illustration above. Red should be on the left side of the bow and green on the right side of the bow.

Less than 39.4 feet long only


9State Law ■

Visual Distress SignalsVisual Distress Signals (VDSs) allow vessel operators to signal for help in the

event of an emergency. VDSs are classified as day signals (visible in bright sunlight), night signals (visible at night), or both day and night signals. VDSs are either pyrotechnic (smoke and flames) or non-pyrotechnic (non-combustible).

Vessels on ◆ federally controlled waters (such as New Hampshire’s coastal waters) must be equipped with U.S. Coast Guard–approved visual distress signals. All vessels, regardless of length or type, are required to carry night signals when operating between sunset and sunrise. Most vessels must carry day signals also; exceptions to the requirement for day signals are:

Recreational vessels that are less than 16 feet in length•Non-motorized open sailboats that are less than 26 feet in length•Manually propelled vessels•

VDSs must be U.S. Coast Guard–approved, in serviceable condition, readily ◆accessible, and must not be expired.

Orange SmokeDay Signal

Red MeteorDay and Night Signal

Red FlareDay and Night Signal

Pyrotechnic Visual Distress Signals

U.S. Coast Guard–Approved Visual Distress Signals

If pyrotechnic VDSs are used, a minimum of three must be carried in the ◆vessel. Also, pyrotechnic VDSs must be dated and may not be carried past their expiration date.The following combinations of signals are examples of VDSs that could be ◆carried on board to satisfy U.S. Coast Guard requirements:

Three handheld red flares (day and night)•One handheld red flare and two red meteors (day and night)•One handheld orange smoke signal (day), two floating orange smoke signals •(day), and one electric light (night only)

It is prohibited to display visual distress signals while on the water unless assis- ◆tance is required to prevent immediate or potential danger to persons on board a vessel.

Non-Pyrotechnic Visual Distress SignalsElectric LightNight Signal

Orange FlagDay Signal

Pyrotechnic DevicesPyrotechnics are excellent distress signals. •However, there is potential for injury and property damage if not handled properly. These devices produce a very hot flame, and the residue can cause burns and ignite flammable materials.Pistol-launched and handheld parachute flares •and meteors have many characteristics of a firearm and must be handled with caution. In some states, they are considered a firearm and are prohibited from use.Pyrotechnic devices should be stored in a cool, •dry, and prominently-marked location.

Non-Pyrotechnic DevicesThe distress flag is a day signal only. It must be •at least 3 x 3 feet with a black square and ball on an orange background.The electric distress light is accepted for night •use only and must flash the international SOS distress signal automatically.

Arm SignalAlthough this signal does not meet VDS equipment requirements, wave your arms to summon help if you do not have other distress signals on board.

federally controlled waters Waters on which vessels must observe federal requirements, including VDS requirements; these waters include:

Coastal waters •The Great Lakes •Territorial seas •Bodies of water connected directly to one of the •above, up to a point where the body of water is less than two miles wide


10 ■ State Law

Sound-Producing DevicesIn periods of reduced visibility or whenever a vessel operator needs to signal his

or her intentions or position, a sound-producing device is essential. The navigation rules for meeting head-on, crossing, and overtaking situations described in Chapter 3 are examples of when sound signals are required.

Use this chart to determine what is required.

Other Equipment and Local RegulationsDiver-Down Flag: ◆ State law requires that scuba divers or snorkelers display a diver-down flag to mark the diving area. Vessel operators must stay at least 150 feet away from a displayed diver-down flag. Two types of flags are used to indicate diving activity.

The divers flag is a rectangular red flag with a white diagonal stripe used to •indicate when diving activities are in progress on New Hampshire state waters. On federal waters, you also may see a blue and white International Code Flag •A (or Alfa flag) displayed on a vessel engaged in diving operations.

Marine Permits ◆ : Permits from the New Hampshire Marine Patrol (NHMP) are required for tournaments, regattas, races, or any other water event. A permit also is required to place a water-skiing jump or water-skiing course, tow a kite glider or parasail, or tow more than two persons behind your vessel. Penalties exist for participating in or refusing an officer’s instruction to leave a water event that has not been issued a permit.Local Regulations: ◆ Many waterways in New Hampshire have special regulations such as horsepower restrictions, speed limits, or limits on when certain vessels may be used. Check for restrictions on a waterway before you go boating.

New Hampshire’s Spar BuoysVessels operating on New Hampshire waters must observe these rules when

encountering spar buoys.

All BlackThis buoy marks one side of a well-defined channel. Go between it and its companion “all red” spar buoy.

All RedThis buoy marks one side of a well-defined channel. Go between it and its companion “all black” spar buoy.

White with Red TopIf heading east or west, go south of this buoy. If heading north or south, go west of this buoy.

White with Black TopIf heading east or west, go north of this buoy. If heading north or south, go east of this buoy.

On State Waters On Federally Controlled WatersLess than 16 feet long and under engine power

Hand, mouth, or power whistle

Less than 65.6 feet long

Whistle or horn audible for one-half mile

16 feet to less than 26 feet long and under engine power

Hand, mouth, or power whistle audible for one-half mile

65.6 feet long or longer

Whistle or horn and a bell audible for one mile

26 feet to less than 40 feet long and under engine power

A bell and a hand or power whistle audible for one mile

40 feet long or longer and under engine power

A bell and a power whistle audible for one mile

Divers Flag Alfa Flag

Scuba divers and snorkelers should not place a flag in an area already occupied by other boaters or where their diving operation will impede the normal flow of waterway traffic. Divers also should follow all of the water safety rules themselves.

Common Sound SignalsSome common sound signals that you should be familiar with as a recreational boater are as follows.

Changing DirectionOne short blast • tells other boaters “I intend to pass you on my port (left) side.”Two short blasts • tell other boaters “I intend to pass you on my starboard (right) side.”Three short blasts • tell other boaters “I am backing up.”

Restricted VisibilityOne prolonged blast • at intervals of not more than two minutes is the signal used by power-driven vessels when underway.One prolonged blast plus two short blasts • at intervals of not more than two minutes is the signal used by sailing vessels.

WarningOne prolonged blast • is a warning signal (for example, used when coming around a blind bend or exiting a slip).Five (or more) short, rapid blasts • signal danger or signal that you do not understand or that you disagree with the other boater’s intentions.


11State Law ■

Requirements Specific to “Ski Craft” New Hampshire law defines a “ski craft” as any motorized vessel that is less than

13 feet in length, is capable of exceeding 20 miles per hour, and has the capacity to carry no more than two persons. This includes personal watercraft designed to seat one or two persons. While the laws below are for “ski craft,” it is recommended that all personal watercraft operators follow these laws.

No one under the age of 16 years may operate a “ski craft” legally on any lake, ◆pond, or river.The operator of a “ski craft” must ◆ wear a U.S. Coast Guard–approved Type I, II, or III personal flotation device (life jacket) at all times. “Ski craft” may be operated on any lake, pond, or river during daylight hours ◆(sunrise to sunset) only.It is illegal to operate a “ski craft” at greater than headway speed if within 150 ◆feet of swimmers in the water, other vessels or “ski craft,” rafts or floats, docks, swimming areas, or mooring fields.It is illegal to operate a “ski craft” within a cove (a bay or inlet that does not ◆exceed 1,000 feet at its widest point) or within 300 feet of shore unless the “ski craft” is proceeding at headway speed directly to an area where “ski craft” operation is permitted.“Ski craft” must operate in a responsible manner. It is illegal to: ◆

Weave a “ski craft” through congested waterway traffic.•Get dangerously close to another vessel, person, or object such that you are •required to swerve at the last possible moment in order to avoid a collision.Operate a “ski craft” in any other careless or negligent way or in a way that •endangers the life, limb, or property of others.

“Ski craft” may not be operated on any lake, pond, or river where the operation ◆of “ski craft” is prohibited by law. (Operation of a “ski craft” is prohibited on any pond or lake less than 75 acres in area.)Although not legally required, it is strongly recommended that an operator of a ◆PWC equipped with a lanyard-type ignition safety switch attach the lanyard to his or her person, clothing, or personal flotation device (life jacket).

Towing a Person With a Vessel LegallyVessel operators towing a person(s) on water skis, tubes, kneeboards, aquaplanes,

or any other devices also must obey these laws.All persons being towed behind a vessel on water skis or any other device must ◆wear a U.S. Coast Guard–approved Type I, II, or III personal flotation device (life jacket). Ski belts are not approved personal flotation devices and are illegal.In addition to the operator, an observer must be on board to observe the ◆progress of the person being towed. The observer must be at least 13 years old, able to determine when a skier is in trouble, and able to assist the skier.No more than two persons may be towed from a single vessel at any one time. ◆If two persons are being towed, there must be two observers on board, in addition to the operator, who meet the requirements above.Persons may be towed behind a vessel on water skis or any other device during ◆daylight hours (sunrise to sunset) only.The operator of the towing vessel and the person being towed are responsible ◆for following all other navigation rules and boating laws.When returning to the shore with a skier, the towing vessel and the skier must ◆remain at least 150 feet from shore.

Personal watercraft operators are subject to all boating laws. In addition, “ski craft” operators must follow the laws on this page.

Remember …

When towing persons behind your vessel, you are still responsible for following all other navigation rules and boating laws.

Stay up-to-date on new boating laws!

Be sure to stay abreast of new boating laws and requirements. For state boating law information, contact the New Hampshire Department of Safety, Marine Patrol Bureau, by calling:

1-877-642-9700 • or 603-293-2037For federal boating laws, visit the U.S. Coast Guard’s Boating safety website:

www.uscgboating.org •Information in this manual does not replace what is specifically legal for boating in New Hampshire, which is found in the New Hampshire Statutes and federal law.


12 ■ State Law

Waste, Oil, and Trash Disposal in New Hampshire and Federal WatersIt is illegal to discharge waste, oil, or trash into any New Hampshire state or ◆federally controlled waters. This is for very good reasons.

Sewage carries disease and other pollutants that are harmful to people, •aquatic plants, and animals. Trash thrown into the water can injure swimmers and wildlife alike. It also •can plug engine cooling water intakes.Pollution is unsightly and takes away from your enjoyment of the water.•

Vessel operators need to be aware of the following regulations for waste, oil, ◆and trash disposal that apply to both federally controlled and state waters. The Refuse Act prohibits throwing, discharging, or depositing any refuse matter of any kind (including trash, garbage, oil, and other liquid pollutants) into the waters of the United States.

Discharge of Sewage and Waste If you have a recreational vessel with installed toilet facilities, it must have

an operable marine sanitation device (MSD) on board. An MSD is a separate mechanism attached to the marine toilet. The macerator inside the toilet and the reservoir beside the toilet are not marine sanitation devices.

There are three types of MSDs, and all must be U.S. Coast Guard–certified. ◆Types I and II MSDs treat waste with chemicals to kill bacteria before •discharge. Types I and II MSDs with “Y” valves that would direct the waste overboard must be secured or have the handle removed so that the valve cannot be opened. Type I and II MSDs are allowed only on marine waters. Type III MSDs provide no treatment and are either holding tanks or portable •toilets. Collected waste must disposed of in an onshore pump-out station or mobile pump-out out. A Type III is the only type of MSD allowed on inland waters.

All waters in New Hampshire are “No Discharge Areas.” It is illegal to ◆discharge sewage—treated or untreated—into the water. If on inland waters, a vessel must have a holding tank with no through-hull discharge option.

Discharge of TrashThe Act to Prevent Pollution from Ships places limitations on the discharge of

garbage from vessels. It is illegal to dump refuse, garbage, or plastics into any state or federally controlled waters. Litter can kill birds, fish, and marine mammals.

You must store trash in a container while on board and place it in a proper ◆receptacle after returning to shore. If boating on federally controlled waters and your vessel is 26 feet or longer, ◆you must display a Garbage Disposal Placard in a prominent location. The Garbage Disposal Placard is a durable sign that is at least 4 x 9 inches and notifies passengers and crew about discharge restrictions.

Discharge of Oil and Other Hazardous SubstancesRegulations issued under the Federal Water Pollution Control Act require all

vessels with propulsion machinery to be able to retain oil mixtures on board. You are not allowed to discharge oil or hazardous substances. The penalty for ◆illegal discharge may be a fine of up to $10,000.You are not allowed to dump oil into the bilge of the vessel without means for ◆proper disposal. Fuel spills can be removed using absorbent bilge pads.You must dispose of oil waste at an approved reception facility. On recreational ◆vessels, a bucket or bailer is adequate for temporary storage prior to disposing of the oil waste at an approved facility.You must notify the U.S. Coast Guard immediately if your vessel discharges ◆oil or hazardous substances in the water. Call 1-800-424-8802 and report the discharge’s location, color, source, substances, size, and time observed. Also report the discharge to the NH Department of Environmental Services.

Pump-Out Station

Typical Marine Sanitation Device

Drainage to pump-out station

“Y” valve must be secured

Pump-Out Station SignSigns like these are posted at pump-out stations in New Hampshire.

It is illegal for any vessel to dump plastic trash anywhere in the ocean or navigable waters of the United States. Annex V of the MARPOL TREATY is a new International Law for a cleaner, safer marine environment. Each violation of these requirements may result in civil penalty up to $25,000, a �ne up to $50,000, and imprisonment up to 5 years.

U.S. lakes, rivers, bays, sounds, and 3 miles from shoreILLEGAL TO DUMP:Plastic GarbagePaper MetalRags CrockeryGlass DunnageFood

3 to 12 milesILLEGAL TO DUMP:Plastic Dunnage (lining & packing materials that �oat)Also, if not ground to less than one inch:Garbage MetalPaper Crockery Rags Food Glass

12 to 25 milesILLEGAL TO DUMP:Plastic Dunnage (lining & packing materials that �oat) Outside 25 miles

ILLEGAL TO DUMP:Plastic

Working together we can all make a difference!State and local regulations may further restrict the disposal of garbage

Garbage Disposal Placard


13State Law ■

If boating on federally controlled waters and your vessel is 26 feet or longer, ◆you must display a 5 x 8-inch placard made of durable material, fixed in a conspicuous place in the machinery spaces or at the bilge pump control station, stating the following:

Discharge of Oil ProhibitedThe Federal Water Pollution Control Act prohibits the discharge of oil or oily waste upon or into any navigable waters of the U.S. The prohibition includes any discharge which causes a film or discoloration of the surface of the water or causes a sludge or emulsion beneath the surface of the water. Violators are subject to substantial civil and/or criminal sanctions including fines and imprisonment.

Waste Management PlanOcean-going vessels that are 40 feet or more in length with cooking and ◆sleeping facilities must have a written Waste Management Plan.The captain of the vessel is responsible for implementing the Waste ◆Management Plan.The Waste Management Plan, identifying the vessel’s name and home port, ◆should be posted and should include directives to all persons on board about:

Discharging sewage and hazardous substances•Discharging garbage and other food waste•Disposing of plastics, bottles, and cans•Reading applicable placards for additional information•Advising the captain in case of oily discharges or diesel spills•

Aquatic Nuisance SpeciesIntroducing harmful, nonnative organisms into New Hampshire’s waters can lead

to environmental damage and declines in the aesthetic and recreational appeal of our lakes, ponds, and rivers.

Variable Milfoil ◆ is a nonnative plant that has taken over many bodies of water. The plant is spread easily when boat propellers, fishing line, or other recre-ational gear cuts off pieces of the plant. These pieces then can travel to new parts of the body of water to root or “hitchhike” on boats and trailers, diving gear, and fishing equipment to a new body of water. A single fragment of this plant can cause a new infestation. Zebra Mussels ◆ are about the size of a human fingernail but cause damage to water supplies, industrial processing plants, and marine engines. Zebra mussels clog water intake pipes and can give bad odors to bodies of water. Their sharp shells also can cut the feet of swimmers.To prevent spreading aquatic nuisance species: ◆

Inspect your boat and trailer, removing all aquatic organisms (zebra mussels •and any aquatic plants).Drain your motor, live well, and bilge on land before leaving the area.•Empty bait buckets on land before leaving the area.•Never release live bait into a body of water or release aquatic animals from •one body of water into another.Rinse your boat, trailer, live well, and equipment; and hand-remove anything •trapped between the boat and trailer.Air-dry your boat and equipment for as long as possible—5 days is optimal.•Flush the engine’s cooling system with hot water.•Apply antifouling materials such as paint and films to boat hulls, trim tabs, •transducers, and swim ming platforms to discourage zebra mussel attachment.Avoid boating through dense beds of aquatic plants.•

What To Do in Case of DischargeIf your vessel discharges oil or hazardous substances into the

water, notify the U.S. Coast Guard by calling:1-800-424-8802 •

Also notify the New Hampshire Department of Environmental Services by calling:

603-271-3899 (oil and non-oil spill) •603-271-3636 (after hours) •

Commonly Confused Look-Alike Aquatic Plants

For more information about exotic species, •visit the NH DES website at http://des.nh.gov/organization/divisions/water/wmb/exoticspecies/index.htmReport any new suspicious plant growths to •the NH DES at 603-271-2248.

Oil Discharge PlacardA 5 x 8-inch sign that states the law pertaining to oil discharge


14 ■ State Law

Most New Hampshire Marine Patrol vessels may be recognized by “N.H. MARINE PATROL” on the vessel. State and federal officers have the authority to stop and board your vessel in order to check that you are complying with the law.

Boating Accidents and Casualties … What the Law Requires You To DoBoating Accident Report Form

Accident or Boating Emergency?

In the event of an accident or other boating emergency, call the New Hampshire Marine Patrol at 603-293-2037.

If you are operating a vessel and know (or reasonably should have known) ◆that you have been involved in an accident involving death, personal injury, or damages to property, you must:

Immediately stop at the scene of the accident • and …Render any assistance that you are capable of giving to the occupants of the •other vessel involved in the accident and …Give your name and address, the vessel registration number, and the name •and address of each occupant to the operator or owner of any other vessel, any injured person, and the owner of any damaged property.

If you are not able to give the above information due to a person’s injury, ◆location, inability to comprehend, or any other cause, this information must be given to a Marine Patrol officer or other police officer with jurisdiction arriving at the scene of the accident or immediately to an officer at the nearest police station or at Marine Patrol headquarters.Any person operating a vessel that is involved in an accident must submit a written ◆accident report to the Division of Safety Services within 15 days after the accident. This is required when anyone is injured or killed or if damage to property exceeds $2,000. If the operator is physically or mentally incapable of making the accident report, it is the responsibility of the owner to prepare the report.You must follow the above requirements if you are involved in a boating accident. ◆

It is a Class A misdemeanor to fail to file the accident report or to fail to comply •with the requirements that apply when an accident results in property damage.It is a Class B felony to give false information about an accident or to fail to •comply with the requirements that apply when an accident results in death or personal injury.

Overnight AnchoringIt is against the law to anchor your boat ◆ overnight on any inland surface waters of the State of New Hampshire.Occupied or unoccupied ◆ houseboats may be beached, grounded, or tied to the shore of any of the inland surface waters of the state for an overnight period, or any part of an overnight period, only when on or at a location owned, leased, or permitted by the owner. Also, the owner, lessee, or person with permission of the owner must give written notice of this fact promptly to the New Hampshire Department of Environmental Services.

Mooring PermitsSome New Hampshire waters require a shorefront property owner to obtain a

mooring permit before placing a mooring in the waters. Mooring permits are required on Bow Lake, Newfound Lake, Ossipee Lake, ◆Squam Lake, Sunapee Lake, Lake Winnipesaukee, and Winnisquam Lake.For more information, or to request a permit application, call the Mooring ◆Program at 603-267-6453.

EnforcementEnforcement of boating laws and regulations is the responsibility of the New ◆Hampshire Marine Patrol officers. The U.S. Coast Guard has enforcement authority on federally controlled waters.Boaters must stop when signaled to do so by a law enforcement officer. These ◆officers have full police powers and have the lawful right to stop and board your vessel at any time to check for compliance with federal and state laws.

houseboat A ship, boat, raft, float, catamaran, or marine craft of any description which has sleeping and toilet facilities, regardless of whether such facilities are of a permanent or temporary nature

overnight The period of time between the termination of daylight in the evening to the earliest dawn of the next morning


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