Rafting question.

[Captn'J]

I was the only boat anchored in Wentworth Cove near the Governor's Island Bridge in Gilford on Sunday morning, about 25 feet from shore. It was about 10:00 AM, the radio was off and I was just relaxing reading the paper. MP came along side me a advised me that I was "rafting" and need to be 150 feet from shoreline. I didn't question him, I just politely picked up anchor and went on my way. I thought "rafting" was two or more boats tied together. I know Wentworth Cove is a no rafting area, but was I rafting ? The patrolman did tell me that's this is a new rule this year and is in effect all over the lake in "No Rafting" areas. The only exception in Braun Bay which is 75 feet from shoreline.

[PROPELLER]

First of all you were not "rafting". He used the wrong terminology. I remember reading somewhere that you do need to leave a certain amount of space between you & shore when anchoring or rafting but now I can not find it in the RSA'S. I believe this is to give shorefront property owners a buffer between their shore property & anchored boats.

Maybe someone more familiar with RSA'S like Skip can find it or comment.

[BroadHopper]

Unfortunately, many of the MP's are poorly trained. I have posted elswhere where I got into an altercation about the terminology of anchoring light vs navigations lights. I was also told that I can anchor overnight which is a big no-no. I was told by a friend in law enforcement that many of the MP's are cadets from the police academy with little or no training in Marine safety and regulations. I think this is the root of the problem. We need to spend more time in getting MP's up to speed to cut down on 150' infractions, ROW etc. Not enacting more laws that will burden an already short staff.

My 2 cents.

[Bear Islander]

If you anchor a single boat within 25' of another boat, or within 50' of a raft, then you are rafting.

Were you within 25' of another boat?

http://www.gencourt.state.nh.us/rsa/...270/270-44.htm

[PROPELLER]

The original poster said he was the only boat anchored in the cove.

[BroadHopper]

I find this confusing. If you are within 25 feet of another boat you are rafting. yet the first rule says 3 or more boats!!!!!

Guess this will be a fantastic discussion with any MP!

[Captn'J]

Bear Islander, I was the only boat achored. There were no other boats within sight. I found this in The Boaters Guide of New Hampshire.

Raft is defined as “any group of 2 or more boats which are stationary upon the waters of a lake or pond and which are congregated together, whether anchored, secured to one another, or adrift, provided that a t least one of the boats in the group is occupied.” Rafting is “forming or being a member of a raft.”

There are designated locations and times in or during which the size of rafts are limited and a minimum distance is required between boats and rafts.
Currently, there are rafting restrictions in certain locations on Lake Winnipesaukee, Lake Sunapee and Ossipee Lake.
No one in a prohibited location or at a prohibited time may:
Form or allow the boat, which you are operating or in charge of to join a raft consisting of 3 or more boats.

Form or allow the boat, which you are operating or in charge of to join a raft if any part of such raft is: less than 50 feet from any other raft; or less than 50 feet from any occupied single boat, which is stationary on the waters of the same lake or pond.

Anchor a single boat and cause it to remain stationary on the waters of a lake or pond, other than momentarily, if any part of such boat is: less than 50 feet away from any raft; or less than 25 feet away from any other single boat which is stationary on the waters of such lake or pond.
Exceptions to the rafting restrictions are:
Boats anchored or moored at marinas or yacht clubs or private docks with owner’s permission.
Boats involved in or attending a fireworks display, marine events or other designated public events.
Boats on any body of water of less than 400 acres or on any estuary or tidal waters of the state.

[jrc]

NH has laws (RSA) and agency rules, the following is from the Department of Safety rules at http://www.gencourt.state.nh.us/rules/saf-c400.html

Remember these only apply in areas designated as "no rafting".


PART Saf-C 407 RAFTING RULES
(a) In addition to and in conjunction with the requirements of RSA 270:44, no person, except as otherwise provided herein, shall, in a prohibited location or at a prohibited time:
(1) Form or allow a boat which he or she is operating or in charge of to be a member of a raft consisting of 3 or more boats;
(2) Form or allow the boat which he or she is operating or in charge of to be a member of a raft if any part of such raft is:
a. Less than 150 feet from shore; or
b. Less than 50 feet from any other raft; or
c. Less than 50 feet from any occupied single boat which is stationary upon the waters of the same lake or pond; and
(3) Anchor a single boat and cause it to remain stationary upon the waters of a lake or pond other than momentarily if any part of such boat is:
a. Less than 150 feet from shore; or
b. Less than 50 feet away from any raft; or
c. Less than 25 feet away from any other single boat which is stationary upon the waters of such lake or pond.

Saf-C 407.02 Exceptions.
(a) The provisions of Saf-C 407.01 shall not apply to:
(1) Boats anchored or moored at marinas, yacht clubs, or at private docks with the owner's permission;
(2) Boats involved in or attending a:
a. Fireworks display;
b. Boat parade;
c. Boat race; or
d. Any other public events for which the commissioner issues a permit in accordance with Saf-C 413;
(3) Boats converged at the direction of the division or of the fish and game department to protect threatened wildlife species;
(4) Boats converged in an emergency to prevent personal injury, property damage, or other life or health-threatening situations;
(5) Boats operated by peace officers engaged in law enforcement;
(6) Lifeboats or dinghies;
(7) Sailboats operated by organized youth groups under the direct control of a camp counselor or other responsible adult; and
(8) Boats on estuaries, tidal waters, or lakes or ponds of less than 400 acres.

[Captn'J]

jrc - Thank you for the post. That's exactly what I was looking for. Much appreciated.

[Skip]

Originally Posted by BroadHopper

... I was told by a friend in law enforcement that many of the MP's are cadets from the police academy with little or no training in Marine safety and regulations... .

I have seen this misinformation posted previously. These are the facts;

The officers employed by the New Hampshire Marine Patrol are either full-time or part-time certified New Hampshire Police Officers.

No Marine Patrol officers are sent into the field with "little or no training in Marine safety and regulations". There is an extensive documented training process each officer must pass before being allowed to patrol on his own. A call or visit to Director Barrett's office will provide you with the necessary background information to verify this.

also, individuals attending the New Hampshire full-time police academy (held by NHPSTC in Concord, NH) are sworn police officers employed by a law enforcement agency within the State. During their twelve weeks of academy level training they are not assigned to nor conduct operations for the New Hampshire Marine Patrol.

Individuals that attend the New Hampshire part-time police academy are again sworn officers of the sending agency, with the exception being that the training is held locally throughout the State on an as needed basis. Again, Marine Patrol duties are not part of the curriculum, the exception being a Marine Patrol Officer attending the academy on off-time and pulling in service training with the Patrol during the regular work week.

Your friend is misinformed on this particular subject.

Hope to have cleared this up for you....as always, feel free to contact me off-line and I can provide you the names, departments (with telephone numbers)and appropriate laws and regulations that govern this particular subject.

Skip

[Outlaw]

Since Capt'nJ was the ONLY boat anchored in the area, and did not appear to be in violation of items 1 or 2 (of PART Saf-C 407 RAFTING RULES), than I would assume item 3 would be applicable, BUT, is there not a definition of MOMENTARILY???

(3) Anchor a single boat and cause it to remain stationary upon the waters of a lake or pond other than momentarily if any part of such boat is:
a. Less than 150 feet from shore; or
b. Less than 50 feet away from any raft; or
c. Less than 25 feet away from any other single boat which is stationary upon the waters of such lake or pond.


The 150' feet from shore I can understand, but the MP did not identify this as the issue, but specifically said Capt'nJ was in violation of "Rafting". It appears sub-item 'a' under item 3 has always been related to "Rafting" and the MP officer had chosen to identify it correctly, as "Rafting" when in all previous years many MP's have informed the boater they are in violation of the 150' (rule) from shore...?

I did not read in this thread where the MP identified the specific item of "Rafting" that Capt'nJ was in violation of. I would imagine there is no requirement or legal obligation on the MP's part to spell this out for Capt'nJ at the onset of the encounter, but it might be in a boaters best interest to ask what specifically they are in violation of to avoid misunderstandings and for MP to ensure that the boating public is better informed. It's one thing to reprimand someone for a wrong doing, but in order for that someone to avoid doing the same thing in the future, they would need to know what it is they did wrong.

Just my curious observations / questions.

[upthesaukee]

...thefreedictionary.com says with great authority...alright it is just in print:

mo·men·tar·i·ly (mmn-târ-l)
adv. 1. For a moment or an instant.
2. Usage Problem In a moment; very soon.
3. Moment by moment; progressively.

Usage Note: Momentarily is widely used in speech to mean "in a moment," as in The manager is on another line, but she'll be with you momentarily. This usage rarely leads to ambiguity since the intended sense can usually be determined on the basis of the tense of the verb and the context. Nonetheless, many critics hold that the adverb should be reserved for the senses "for a moment," and the extended usage is unacceptable to 59 percent of the Usage Panel.

So there Outlaw, there should be no ambiguity...but then again, you say "tomato" and I say "Tomahtoe".

Of course, if Capt'nJ had been thinking straight, it should have been obvious that something was desperately wrong if at 10:00 AM you can have any spot on the lake by yourself.

It is getting harder and harder to find a decent place to drop an anchor and watch the world go by.

[sum-r breeze]

I touched upon this issue about a month ago, and the info was very helpful.
From reading the RSAs chapter and verse, I came away with the understanding that you can anchor as close to shore as you think is prudent,provided you are NOT in a no rafting zone. Remember, the state of NH owns the water. It's for all citizens to enjoy equally!
Be sure to wave, I'll wave back

Thanks, The Breeze

[Sandy Beach]

One boat all alone in that cove can not be rafting. The MP must be wrong.

I read the RSA about rafting on lake Winnie and it mentions twice about orange balls in Braun Bay.

portion from RSA 270:45:
(4) Braun Bay - There shall be no rafting within 300 feet of both fish and game property lines as delineated by Marine Patrol with orange mooring balls.
(5) Braun Bay at a distance less than 75 feet from shore lines as delineated by Marine Patrol with orange mooring balls.

I was in Braun Bay a few times in July and I do not remember seeing any orange balls over there. Where are the balls mentioned in the RSA? I did see several boat rafts with 3 and more boats at anchor less than 50 feet from other boats so maybe I was not in the NRZ of Braun Bay. Is there another sandy shallow area deep in Braun Bay that I missed? I seemed to be where all the other boaters were.


I do not see anything about this 75' rule or orange balls for Wentworth Cove area in the RSA. Did I miss that too?

[PROPELLER]

When I was there on 2 occasions this year, there were no orange markers. There used to be the last 3-4 years. People will violate the no rafting rules in Braun Bay & if the marine patrol are not there to write the violations people will get away with it. Maybe the marine patrol does not spend much time going to Braun Bay.

They used to because I know someone who was ticketed on 2 occasions because when they anchored they were legal but someone anchored too close to them & both boats were given a ticket. When they complained the marine patrol told them it was their responsibility to inform the other boater & if they don't move then you should move.

[SIKSUKR]

I was in Braun Bay yesterday and there very few boats that were anchored legally.All were way too close.Didn't bother me.I wonder how much attention the NRZ in Braun is getting from Marine Patrol.

[Skip]

Originally Posted by Sandy Beach

...One boat all alone in that cove can not be rafting. The MP must be wrong.... Did I miss that too?...

Not sure how you could miss it. Two previous posters (JRC & Outlaw) had taken the time to research the State RSAs and Administrative Rules and have clearly posted the answer to the original poster's dilemma...he was indeed in violation of the Administrative rule covering rafting in a restricted area.

RSA 270:45(3) clearly states that the area the poster was in is a no rafting zone, and by his own admission he was not anchored "temporarily". RSA 270:42(V) defines the meaning of "single boat" as used in the following Administrative Rules section, which the poster was clearly in violation of (I have highlighted the pertinent section in red):

PART Saf-C 407 RAFTING RULES
(a) In addition to and in conjunction with the requirements of RSA 270:44, no person, except as otherwise provided herein, shall, in a prohibited location or at a prohibited time:
(1) Form or allow a boat which he or she is operating or in charge of to be a member of a raft consisting of 3 or more boats;
(2) Form or allow the boat which he or she is operating or in charge of to be a member of a raft if any part of such raft is:
a. Less than 150 feet from shore; or
b. Less than 50 feet from any other raft; or
c. Less than 50 feet from any occupied single boat which is stationary upon the waters of the same lake or pond; and
(3) Anchor a single boat and cause it to remain stationary upon the waters of a lake or pond other than momentarily if any part of such boat is:
a. Less than 150 feet from shore; or
b. Less than 50 feet away from any raft; or
c. Less than 25 feet away from any other single boat which is stationary upon the waters of such lake or pond.

[Orion]

If the State owns the water and is for all to enjoy equally, how do these no-rafting zones get so-designated? Seems like eventually, the entire shoreline can eventally end up being a no-rafting zone which wouldn't be fair to wanna-be rafters.

I am a shoreline property owner, but prior to owning have engaged in legal rafting, so I have mixed feelings on this issue. But, I have a nagging feeling that no-rafting zones are unfair and deprive many families from otherwise fun-filled water activities. It's unfortunate that irresponsible rafters have brought on this increase in no-rafting zones.

[PROPELLER]

It doesn't even have to be irresponsible rafting for property owners to take offense. Many just don't like boats tied together, period. I have been involved in 2 incidents where I was rafting with friends legally & courteously, no loud music, no littering, no drinking, just fishing & swimming but property owners took offense. Even created an unsafe situation where the property owner buzzed 2 rafts with his boat within 10-15 feet of the raft leaving a huge wake.

We did call the marine patrol & they showed up listened to what we had to say & left. Don't know if she ever talked to the property owner.

[BroadHopper]

I agree with Orion. My uncle owns a good chunk of undeveloped land on the lake. He allows recreational use of the land to the public. When I and my Dad had shorefront property, we never had a problem with people rafting in front of the property. Most people are very considerate.
I know of someone that owns island property. She gets so irratable if someone is even 200 feet off her property. Yet I see her rafting in West Alton and Braun Bay. Go figure!?!?!?!?!