One year ago we were going over this same question on the forum. I sent an email to the Marine Patrol asking for clarification. Here is the response I received.
"6/17/2007
Mr. Xxxxxxx,
You are accurate that the statute applies to the houseboats. Please keep in mind that the definition of houseboat can easily be applied when someone is sleeping on a boat. Obviously it would have sleeping facilities and certainly they would have some type of toilet facility if sleeping on board. This situation would classify their boat as a houseboat.
Therefor, any boat anchored with people sleeping is in violation. Any boat found at anchor stargazing, playing cards, etc., are not cited. This has been the department's practice and has been accepted by the courts at time of trial.
Safe Boating!
Tim Dunleavy
Lieutenant
NH Marine Patrol"
So the Marine Patrol is very clear that "any boat anchored with people sleeping is in violation".
My point is simple. If you are in a houseboat you are breaking the law. If you are not in a house boat, then where are you going to the bathroom?
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