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Old 01-19-2014, 12:31 PM   #18
Descant
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Default Penalties?

It appears that there are no penalties specified for violation of RSA 207:26. Is that correct? At the very least, I'd think the State Rep and or Senator you mentioned way back might be able to add a paragraph that specifies a fine for failure to post, and perhaps specify that failure to post may make one liable for related injuries.

Usually, I would expect some sort of warning procedure from Fish & Game, as weather can play a big part in keeping the posting in place. Those who are in the business usually check signs and replace as needed. There are usually "spares" found floating in the lake in the spring.

The language about 150 feet may be a little harder to enforce as weather, currents, springs, etc also affect where water may be open. Your Rep/Senator has researchers available, and DoS, F & G and DES all have some very knowledgeable people. There may be a solution.

I've often wondered if the presence of large numbers of bubblers has a long term effect on water temperature. Does it extend or enhance the growing season for variable milfoil? Moultonborough puts a lot of money and effort into controlling milfoil. It would be ironic, to say the least, if bubblers are making the problem worse. I believe the Town can follow the state law and enact an ordinance related to bubblers which would allow them some enforcement authority. (The Selectmen may not want it. Talk to the Conservation Commission or the milfoil committee if there is one.) They may need to have their Reps/Senators add some enabling language to the related RSA.

The NH Lakes Association is always interested in water quality. They have some expertise as well, and may have knowledge of problems on other lakes. In order to do anything legislatively, you need to broaden the scope. One neighbor against another is just that, no more.
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