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-   -   SB162 - Exempting Commercial Vessels from No Rafting regulations (https://www.winnipesaukee.com/forums/showthread.php?t=24310)

LIforrelaxin 04-10-2019 08:38 AM

SB162 - Exempting Commercial Vessels from No Rafting regulations
 
http://gencourt.state.nh.us/bill_Sta...t=html&sy=2019

The following bill has passed the senate, and is in commitee in the house.
It seems to be aimed specifically to help the Dive.....

However it is very loosely written in my opinion, which could lead to abuse.

DBreskin 04-10-2019 08:43 AM

Suppose a commercial vessel is exempt from the rafting regulations. If a private vessel ties up to the exempt commercial vessel, is the private vessel still in violation of rafting rules? I guess we’ll find out this summer.

joey2665 04-10-2019 12:47 PM

Quote:

Originally Posted by DBreskin (Post 309426)
Suppose a commercial vessel is exempt from the rafting regulations. If a private vessel ties up to the exempt commercial vessel, is the private vessel still in violation of rafting rules? I guess we’ll find out this summer.

Great question. Part of the loosely written regulation. Let's see if it passes

LIforrelaxin 04-10-2019 01:37 PM

Quote:

Originally Posted by DBreskin (Post 309426)
Suppose a commercial vessel is exempt from the rafting regulations. If a private vessel ties up to the exempt commercial vessel, is the private vessel still in violation of rafting rules? I guess we’ll find out this summer.

This is indeed the problem, not enough substance to the exemption... With your thought in Mind, what is to stop a construction company from bring a barge with spud poles to a sand bar and letting their friends tie-up to it...

Overall the rafting regulations are over zealous, and meant to try and keep crowds down... This gives the opportunity to corwds to become a problem again... So I am surprised there isn't more uproar about it...

Personally I don't care eitherway.... but honestly this like so many pieces of NH legislation is horrible.... and has big loop holes...

FlyingScot 04-10-2019 02:15 PM

All too typical. One business opens via a loophole or oversight, then the legislature crafts a law just for them (Thank$), of course the law is not well thought out, then other businesses enter and now depend on the law, then we hear the law can't be changed because businesses depend on it:rolleye1:

TiltonBB 04-10-2019 04:18 PM

From the State of New Hampshire: Commercial Vessel:All commercial boats must be commercially registered and inspected by the State of New Hampshire in compliance with RSA 270-E: 22. Any boat used as a common carrier of passengers or property; operating on a regular schedule. Any vessel propelled by electric or mechanical power carrying passengers for hire.

There are many ways that this could be a problem. Operating on a regular schedule? What if there is no schedule?

Carrying passengers for hire? OK, so You get your boat inspected, that should be easy. You get a NH Commercial Boat Operator's License, and you register your boat to your LLC. Charge your friends $5 for a ride!

Poof: You can raft!

DBreskin 04-10-2019 05:08 PM

Quote:

Originally Posted by TiltonBB (Post 309455)
Carrying passengers for hire? OK, so You get your boat inspected, that should be easy. You get a NH Commercial Boat Operator's License, and you register your boat to your LLC. Charge your friends $5 for a ride!

Poof: You can raft!


Not so fast; the proposed law only allows commercial vessels using spuds. Anchoring doesn’t qualify.

TiltonBB 04-10-2019 06:46 PM

1 Attachment(s)
I an ready with my "spud" $599 for a Power Pole.

Is there a definition of a spud in the NH regulations? I bet there isn't!

Descant 04-10-2019 08:57 PM

Good questions
 
I tried to listen to the audio of the Senate hearing, but no go. Maybe it works for you.? Apparently the House does not record hearings. You can still call Committee members to discuss concerns before they schedule a committee vote or amendments. It looks like amendments are needed to clarify the questions listed above.

tummyman 04-10-2019 09:07 PM

The "Dive" is ugly and has no place on this beautiful lake. We do not need a floating bar or anything like this vessel. Again special interest legislation appears to be happening. Contact your legislators and express disbelief. Where is the Marine Patrol on this one....not concerned ????? Time for them to weigh in.

Descant 04-10-2019 09:26 PM

To Tummyman
 
Tummyman:Who on the Resources Commute did you call? Give us a name and number so the calls will be focused. If you didn't call, fess up. While it is in Committee, I don';t think it matters to call "your" rep.

fatlazyless 04-10-2019 10:20 PM

You all need to give The Dive a break here ..... there's a place for everything, and everything has its' place ...... and I do believe The Dive has truly found its' best place ..... at the Weirs Beach docks ..... sandwiched tightly between the Mount Washington 230' cruise ship, and The Pier, by renting out a great dock location from the one year old, Flightcraft on-the-water marina.

That location could go a long way to help make The Dive a successful business, and it will probably not go cruis'n out and about too much, because it is so way under-engined with those two 300-hp E-tec Evinrudes. It doesn't go too good up against a 15-mph wind. I watched it floundering about in Center Harbor bay. What it really needs is one or two diesels, which will never happen. It takes a long, long time to get it to a new location, so's it will probably just stay very close to home port, Weirs Beach ..... which is where the money is at ..... and where there's no upset and angry neighbors .... and where The Dive feels welcomed, there .... in Weirs' Beach.

thinkxingu 04-11-2019 04:36 AM

Quote:

Originally Posted by fatlazyless (Post 309471)
You all need to give The Dive a break here ..... there's a place for everything, and everything has its' place ...... and I do believe The Dive has truly found its' best place ..... at the Weirs Beach docks ..... sandwiched tightly between the Mount Washington 230' cruise ship, and The Pier, by renting out a great dock location from the one year old, Flightcraft on-the-water marina.

That location could go a long way to help make The Dive a successful business, and it will probably not go cruis'n out and about too much, because it is so way under-engined with those two 300-hp E-tec Evinrudes. It doesn't go too good up against a 15-mph wind. I watched it floundering about in Center Harbor bay. What it really needs is one or two diesels, which will never happen. It takes a long, long time to get it to a new location, so's it will probably just stay very close to home port, Weirs Beach ..... which is where the money is at ..... and where there's no upset and angry neighbors .... and where The Dive feels welcomed, there .... in Weirs' Beach.

That's fine and all, but then why the need to change the NR regulations?

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ApS 04-11-2019 06:07 AM

Agreed...
 
Quote:

Originally Posted by tummyman (Post 309466)
The "Dive" is ugly and has no place on this beautiful lake. We do not need a floating bar or anything like this vessel. Again special interest legislation appears to be happening. Contact your legislators and express disbelief. Where is the Marine Patrol on this one....not concerned ????? Time for them to weigh in.

What? You don't see an expanding market for buying ice cream, live lobsters, fresh produce and Lakes Region souvenirs? (Shopping or snacking by boat without the anguish of finding a docking space). :rolleye1:

LIforrelaxin 04-11-2019 08:21 AM

Quote:

Originally Posted by fatlazyless (Post 309471)
You all need to give The Dive a break here ..... there's a place for everything, and everything has its' place ...... and I do believe The Dive has truly found its' best place ..... at the Weirs Beach docks ..... sandwiched tightly between the Mount Washington 230' cruise ship, and The Pier, by renting out a great dock location from the one year old, Flightcraft on-the-water marina.

That location could go a long way to help make The Dive a successful business, and it will probably not go cruis'n out and about too much, because it is so way under-engined with those two 300-hp E-tec Evinrudes. It doesn't go too good up against a 15-mph wind. I watched it floundering about in Center Harbor bay. What it really needs is one or two diesels, which will never happen. It takes a long, long time to get it to a new location, so's it will probably just stay very close to home port, Weirs Beach ..... which is where the money is at ..... and where there's no upset and angry neighbors .... and where The Dive feels welcomed, there .... in Weirs' Beach.

FLL and I agree on something... Which as someone else brought up, begs the question why has this legislation not been dropped... My guess is the Dive owners have a vision... My guess is if they can get the first boat profitable, they will move onto the Dive #2.. learn from their mistakes, and make a more seaworthy platform.. This is just speculation of course...

iw8surf 04-11-2019 08:33 AM

Quote:

Originally Posted by tummyman (Post 309466)
The "Dive" is ugly and has no place on this beautiful lake. We do not need a floating bar or anything like this vessel. Again special interest legislation appears to be happening. Contact your legislators and express disbelief. Where is the Marine Patrol on this one....not concerned ????? Time for them to weigh in.

I think the dive is ugly as well. But I damn well agree with their right to open up shop and try to be successful. I see enough idiots on the lake that could keep Marine Patrol busy not a floating snack bar.

joey2665 04-11-2019 09:17 AM

Quote:

Originally Posted by iw8surf (Post 309489)
I think the dive is ugly as well. But I damn well agree with their right to open up shop and try to be successful. I see enough idiots on the lake that could keep Marine Patrol busy not a floating snack bar.

Very well said. It does have a place (although I do think their location needs to change every so often and not just anchor everyday in West Alton, not fair to the neighbors)on the lake and they have a right to petition to protect their investment.

Woodsy 04-11-2019 12:06 PM

The Dive has every right to anchor & setup shop wherever they like! Same as you & I!

If you get mad because the Dive shows up and anchors hours before you get to your favorite spot... get up earlier, or go someplace else!

As far them being exempt from the no rafting... If I were them, I would just take some pics (with time stamp/date) when they roll into the sandbar. So there is NO dispute as to who was anchored first when the MP show up to write a ticket.

Woodsy

DBreskin 04-11-2019 01:58 PM

Quote:

Originally Posted by Woodsy (Post 309506)
As far them being exempt from the no rafting... If I were them, I would just take some pics (with time stamp/date) when they roll into the sandbar. So there is NO dispute as to who was anchored first when the MP show up to write a ticket.


Part of The Dive’s operation includes allowing customers to tie up (raft) at their take-out window when picking up orders.

joey2665 04-11-2019 02:14 PM

Quote:

Originally Posted by Woodsy (Post 309506)
The Dive has every right to anchor & setup shop wherever they like! Same as you & I!

If you get mad because the Dive shows up and anchors hours before you get to your favorite spot... get up earlier, or go someplace else!

As far them being exempt from the no rafting... If I were them, I would just take some pics (with time stamp/date) when they roll into the sandbar. So there is NO dispute as to who was anchored first when the MP show up to write a ticket.

Woodsy

Not sure if you were referencing my post, but I was referring to neighbors on land not on the water in coves and sand bars. You are correct, first come first serve

Woodsy 04-11-2019 03:02 PM

Joey...

I was referencing your post.... in this case the rights of "neighbors' on land stop at the high water mark (unless you are somehow blocking access to their dock/mooring, then their littoral rights apply).

Woodsy

joey2665 04-11-2019 03:07 PM

SB162 - Exempting Commercial Vessels from No Rafting regulations
 
Quote:

Originally Posted by Woodsy (Post 309518)
Joey...



I was referencing your post.... in this case the rights of "neighbors' on land stop at the high water mark (unless you are somehow blocking access to their dock/mooring, then their littoral rights apply).



Woodsy



I don’t disagree with you their right do end there. I just think the dive should be fair and not stay in one location all the time because he can get a little noisy at times. I had been in that area many times over this past summer while the Dive was out and it creates quite a acrowd just hoping they’ll be courteous to their neighbors and spread the wealth


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Outdoorsman 04-11-2019 03:26 PM

Quote:

Originally Posted by DBreskin (Post 309459)
Not so fast; the proposed law only allows commercial vessels using spuds. Anchoring doesn’t qualify.

So if I use my boat for fishing charters or even touring for that matter, I put a french fry on a fishing line and cast into the lake I am using a spud. I am now exempt :laugh: Sorry for the :offtopic: post

Rusty 04-11-2019 08:31 PM

2 Attachment(s)
Dive applying for permit to use Wolfeboro dock. Selectmen asking questions.

Taz 04-16-2019 01:34 PM

Dive
 
Curious to know how they are going to reach Wolfeboro given their slow travel. That's a long ride for the Dive from Weirs to Wolfeboro.

joey2665 04-16-2019 01:50 PM

Quote:

Originally Posted by Taz (Post 309749)
Curious to know how they are going to reach Wolfeboro given their slow travel. That's a long ride for the Dive from Weirs to Wolfeboro.



They tend to leave Alton extremely early in the morning to head to their daily destination with little or no other boat traffic and the staff follows via other means car boat etc.


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Taz 04-16-2019 02:06 PM

Dive
 
Yes, they did try it a couple times but by their own admission it was too slow and that is why they did not leave Smalls Cove when others were begging them to go elsewhere such as Braun Bay. I wonder what has changed.

Weddings/functions are typically in the afternoon, early evening when boat traffic is high plus if you get strong head wind and strong chop on top of the fact that it is already slow in perfect conditions, it will be interesting to see how this plays out.

AC2717 04-16-2019 02:21 PM

might be doing it for future endeavors for all public ports to get it out of the way now

radar4401 04-17-2019 10:02 AM

Sb162
 
If you read the article, they indicated that they already had several dates that are booked.

LIforrelaxin 04-17-2019 01:55 PM

Quote:

As a New Hampshire resident, lake landowner and boater, I attended the public hearing on 4/10/19 in Concord and I am concerned that this bill SB 162, does not account for the protection of the recreational boaters. This bill will exempt spud anchored commercial vessels from adhering to the same rafting restrictions as recreational boaters. If the business requesting this change (The Dive) anchors near a recreational vessel that is already anchored in one of the 5 areas on Lake Winnipesaukee where this restriction applies, only the recreational boater is at fault and would be required to move or be fined.

It is my opinion as a New Hampshire resident, lake landowner and a recreational boater, applying a commercial exemption is unfair to the rights and controls that are in place today to protect both land owners and recreational boaters.

Please feel free to contact me with any questions or if you need further information to support a educated vote on SB 162.

Thank you for the Representation
Here is a letter sent to the legislature by a friend of mine.... it is an interesting read.

Outdoorsman 04-17-2019 02:37 PM

Quote:

Originally Posted by LIforrelaxin (Post 309817)
Here is a letter sent to the legislature by a friend of mine.... it is an interesting read.

Quote:

It is my opinion as a New Hampshire resident, lake landowner and a recreational boater, applying a commercial exemption is unfair to the rights and controls that are in place today to protect both land owners and recreational boaters.
Adding "landowners" to this debate is a mistake IMO. It just cloudy's the waters so to speak.

Descant 04-17-2019 09:37 PM

Next step
 
A full committee work session is scheduled for 10:00 am, April 30.
At 11:00 am, they have scheduled an executive session. They could vote on SB162 or other pending bills, or perhaps, none if they don't have agreement.
Without reading that section of the law, I think they could come under special event permits instead of requiring SB162.

Overall. if the Dive is operating out of Weirs Beach and Wolfeboro, it's a slow ride to major sandbars, and I think we will see some changes to the business model. I'm sure there is better money in catering events that are pre-planned than taking your chances on a sandbar hoping to sell hot dogs on a rainy day.

fatlazyless 04-18-2019 04:39 AM

With close by $1.00/hr public parking spaces lining the street, street lights, city police, visibility from the boardwalk above, plus the immediately close 230' big white Mount Washington, plus the two 70' Sophie C and Doris E tour boats all in tight, close proximity ..... there ...... The Dive has backed itself into a very happening spot.

Is just a shame that Flightcraft totally removed that old miniature golf course. With two or three beers, that was a most fun course. Miniature golf would occupy people with some golfing fun before or after hitting The Dive ....... Fore!

LIforrelaxin 04-18-2019 10:26 AM

Quote:

Originally Posted by Outdoorsman (Post 309819)
Adding "landowners" to this debate is a mistake IMO. It just cloudy's the waters so to speak.

I absolutely disagree..... I don't think it cloudy's the water anymore the no-rafting rules to begin with.... No Rafting area's came about because of landowners in specific area's of the lake. Those land owners argued their case on the merits of safety, pollution, and noise. And those got legislation that curbed some of the activities that they objective to, that they had to consistently witness because of the proximity of their land to certain established "Rafting locations"......

I personally would like to see these rules as a whole removed, as I believe they have become a safety net for land owners, and anywhere on the lake that becomes a popular anchoring location, seems to quickly end up a no Rafting zone a few years later...

Island Girl 04-19-2019 09:13 AM

Spuds
 
I am trying to understand how spuds work. I think they bore into the lake bottom to stabilize the craft. Does that not disturb the lake bed and cause some silt? How deep do they go?

I know the barges (and the Dive) on the lake use them. Not looking for new laws here just trying to understand how disturbing the lake bed is ok with DES.

Could I use spuds to anchor a boat or jetski for a few hours?

Sorry if this is a stupid question. Just seeking knowledge!

Go Ice Out
IG

Hillcountry 04-19-2019 11:44 AM

Quote:

Originally Posted by Island Girl (Post 309896)
I am trying to understand how spuds work. I think they bore into the lake bottom to stabilize the craft. Does that not disturb the lake bed and cause some silt? How deep do they go?

I know the barges (and the Dive) on the lake use them. Not looking for new laws here just trying to understand how disturbing the lake bed is ok with DES.

Could I use spuds to anchor a boat or jetski for a few hours?

Sorry if this is a stupid question. Just seeking knowledge!

Go Ice Out
IG

Yes! Mostly the go fast bass boats are using them for short-term anchoring while casting for bass. No one says you can’t install one on your own boat.
They range from a simple hand operated “stick pin” to powered poles that raise and lower.

DEJ 04-19-2019 11:47 AM

IG, the bottom is disturbed in many ways. The first that comes to mind is people swimming who walk on the bottom of the lake disturbing the lake bed. Another is bass fishing people who use power poles or spuds to hold the boat in place while they fish a particular area. I am sure there are many more. Hope this helps.

The Real BigGuy 04-19-2019 03:55 PM

Barge spuds don’t bore into the lake bottom. The are dropped, impact the bottom. I’ve seen some that are them held in place with a pin and some that are allowed to move up/down in their collars to ensure that they stay on the bottom with wave action.


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fatlazyless 04-20-2019 04:51 AM

Barges with barge spuds, as seen on the lake, may have fours spuds, one in each corner of the barge, and are usually 20' long tree trunks with the end sharpened to a point using a chainsaw.

Using either the barge's excavator or crane, the pointy tree trunk, aka the spud, gets banged into the lake bottom to hold the barge in one place for doing construction close to the shore line.

The Real BigGuy 04-20-2019 07:58 AM

Have had a barge anchored (using spuds) next to my place many, many, many times over the past 20 years. Have never seen him use his excavator to pound the spuds. He has used the equipment to pull them up.


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Tpaskell03254 04-20-2019 10:22 AM

Quote:

Originally Posted by LIforrelaxin (Post 309854)
I absolutely disagree..... I don't think it cloudy's the water anymore the no-rafting rules to begin with.... No Rafting area's came about because of landowners in specific area's of the lake. Those land owners argued their case on the merits of safety, pollution, and noise. And those got legislation that curbed some of the activities that they objective to, that they had to consistently witness because of the proximity of their land to certain established "Rafting locations"......

I personally would like to see these rules as a whole removed, as I believe they have become a safety net for land owners, and anywhere on the lake that becomes a popular anchoring location, seems to quickly end up a no Rafting zone a few years later...



Amen to this guy. People can we stop being so over sensitive, these rafting rules are getting out of hand. And honestly becoming dangerous for all. And why does everyone care let the Dive live try and succeed. It’s a great spot if you’ve been, they get a lot of harsh criticism from people on the forum and it isn’t fair to them. If you’ve spoke with the owners they are very nice people, and the lake needed something like this. I think the lake would be a better place with the rafting zones not in existence. Very well said LIforrelaxin

joey2665 04-20-2019 11:04 AM

Quote:

Originally Posted by Tpaskell03254 (Post 309942)
Amen to this guy. People can we stop being so over sensitive, these rafting rules are getting out of hand. And honestly becoming dangerous for all. And why does everyone care let the Dive live try and succeed. It’s a great spot if you’ve been, they get a lot of harsh criticism from people on the forum and it isn’t fair to them. If you’ve spoke with the owners they are very nice people, and the lake needed something like this. I think the lake would be a better place with the rafting zones not in existence. Very well said LIforrelaxin



Excellent I whole heartily agree


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LIforrelaxin 04-29-2019 03:43 PM

If you feel strongly on the SB 162 vote to exempt spud barges (the Dive) from rafting rules, you have to speak tonight. The committee is meeting for the last time tomorrow and its a speak now type of thing. If you email your thoughts to this email address it will go to all members. After tomorrow at 10 am, this will be decided.

HouseResourcesRecreationandDevelopme....state.n h.us

thinkxingu 04-29-2019 04:10 PM

Quote:

Originally Posted by LIforrelaxin (Post 310576)
If you feel strongly on the SB 162 vote to exempt spud barges (the Dive) from rafting rules, you have to speak tonight. The committee is meeting for the last time tomorrow and its a speak now type of thing. If you email your thoughts to this email address it will go to all members. After tomorrow at 10 am, this will be decided.



HouseResourcesRecreationandDevelopme....state.n h.us

Thanks for the info.

Cheers!

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Reilly 04-30-2019 04:06 AM

long live the Dive
 
Quote:

Originally Posted by Tpaskell03254 (Post 309942)
Amen to this guy. People can we stop being so over sensitive, these rafting rules are getting out of hand. And honestly becoming dangerous for all. And why does everyone care let the Dive live try and succeed. It’s a great spot if you’ve been, they get a lot of harsh criticism from people on the forum and it isn’t fair to them. If you’ve spoke with the owners they are very nice people, and the lake needed something like this. I think the lake would be a better place with the rafting zones not in existence. Very well said LIforrelaxin

Dont worry about the Dive, 30 people on here Bitchin, 100 people on theDive every day

Descant 05-01-2019 11:40 AM

Retained
 
The House Resources Committee voted yesterday to "Retain" SB162 for more study. It will stay in the committee with no further votes until they report in October. Retained bill reports will go to the Floor of the House in January 2020.

LIforrelaxin 05-01-2019 12:54 PM

Quote:

Originally Posted by Reilly (Post 310595)
Dont worry about the Dive, 30 people on here Bitchin, 100 people on theDive every day

I am not worried about the Dive.... And personally I think it would be neat if the succeed, where many others have failed....

What I am worried about is bad legislation, that leaves to many loop holes. The No Rafting regulations are bad enough, but to add this exception creating loopholes will only make things worse.

Outdoorsman 05-01-2019 04:14 PM

Quote:

Originally Posted by LIforrelaxin (Post 310685)
I am not worried about the Dive.... And personally I think it would be neat if the succeed, where many others have failed....

What I am worried about is bad legislation, that leaves to many loop holes. The No Rafting regulations are bad enough, but to add this exception creating loopholes will only make things worse.

Repeal the NRZ in its entirety, i would guess that those "loop holes" and at least a dozen other useless pieces of legislation would fall by the wayside as a result.


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