Jet Skis in Coves

[frank m.]

Skip, can you tell us what the laws are that pertain to the use of PWC's in coves? I know that they must always operate ate headway speed within so many feet of shore, but I had also understood that they were not allowed to enter coves (even at headway speed) unless they had a residence or were visiting a residence in the cove. As other spots are gianing no-rafting status, we are having an influx of rafters into our small cove. they tow PWC's in with them, then use the PWC's to and from their boats, at high speed. the MP's will only come in and tell them to behave, but do not make them take the PWC's out of the cove, and will never write them a ticket.

[Skip]

Hi Frank,

I have attached below the applicable RSA for you to review. Of particular importance to you is the definition of a cove (and the operational restrictions therein). I am not sure the area you are talking about, you may want to check with BIZER to see if it fits the definintion of cove....

Good luck, feel free to e-mail me off-line if you have additional questions...

Skip

TITLE XXII
NAVIGATION; HARBORS; COAST SURVEY
CHAPTER 270
SUPERVISION OF NAVIGATION; REGISTRATION OF BOATS AND MOTORS; COMMON CARRIERS BY WATER
Ski Craft
Section 270:74
270:74 Operation of Ski Craft. –
I. No person shall operate a ski craft on any lake, pond, or river unless the person is 16 years of age or older.
II. No person shall operate a ski craft on any lake, pond, or river between the hours of sunset and sunrise.
III. No person shall operate a ski craft unless he is wearing a personal floatation device which is Coast Guard approved type 1, 2, or 3.
IV. No person shall operate a ski craft on a lake, pond, or river, or area thereof, on which the operation of ski craft is prohibited by law.
V. No person shall operate a ski craft on a lake, pond, or river, or area thereof, on which the operation of ski craft is prohibited as a result of a hearing pursuant to RSA 270:74-a.
VI. No person shall operate a ski craft on a lake, pond, or river, or area thereof, in violation of a restriction imposed pursuant to RSA 270:74-a.
VII. No person shall operate a ski craft within 150 feet of another ski craft or of a boat, raft, float, or swimmer unless the speed of the ski craft is reduced to headway speed. No person shall operate a ski craft in a cove, as designated by the commissioner, or within 300 feet of shore, except as provided in paragraph VIII or pursuant to RSA 270:74-a, V. For the purpose of this paragraph "cove' is defined as a bay or inlet which at its widest point does not exceed 1,000 linear feet.
VIII. A person may operate a ski craft from the shore to any area where the operation of ski craft is allowed, provided that the ski craft shall not be operated at a speed exceeding headway speed within 300 feet from shore or in a cove as defined in RSA 270:74, VII and provided that the ski craft shall be operated in a direct line between the shore and the area where operation is allowed.
IX. A person may operate a ski craft on the lakes, ponds, and rivers of the state except in areas which are prohibited by the department and those lakes, ponds, and rivers specifically prohibited by RSA 270:75-109 and other legislative acts.
X. A person who violates any of the provisions of this section shall be guilty of a violation.

[SIKSUKR]

The same rules apply to pwc's in coves as with any other vessel except in a few restricted areas.Blackey cove,Green's Basin and Salmon Meadow Cove have a no ski craft designation written on the Bizer lake chart.Keep in mind though that in NH a skicraft is a one or two seat PWC.The 3 seater PWC's fall into the boat catagory and are not subjct to this restiction.Most of the PWC's appear to fall into the latter catagory.Some small lakes will ban boats over a certain HP which will restrict all PWC's.Hope this helps. SS

[frank m.]

Skip and Siksukr,
Thanks for your replies. As you can see, there is some conflict here.
Our local rep believes that jet skis are not allowed to operate in coves (any inlet 1000 feet or less across at its widest point) except if they are travelling at headway speed in a straight line to a residence they own or are visiting. He claims to have sponsored the bill that resulted in that law. That is also the way I had understood it, and seems to be what Skip confirms. The Dept of Safety's own Boater's Guide (www.boat-ed.com/nh/handbook/pwc.htm) says "It is illegal to operate a ski craft within a cove (a bay or inlet that does not exceed 1000 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". RSA 270:74 VII seems to concur with that except for the mysterious phrase "as designated by the commissioner". But if RSA270:74 VII did not intend to ban ski craft from operating in coves, then what purpose does the "direct line at headway speed" exception of RSA 270:74 VIII serve? I think the phrase "as designated by the commissioner" was meant to refer to other larger coves that are also off limits. MP says I am wrong, that undesignated coves are ok for jet skis and that only those "designated coves" listed by Siksur are off limits (They say, "or else why would we bother designating certain coves as off limits?"), But those coves listed are greater that 1000 feet across and had petitioned for special desgination, I think that's why. They also do not feel they would have enough personel to ever enforce the law if it is really as I interpret it. I am sure that MP is wrong and is not enforcing the law because they do not understand it (or just don't like it). The legislator disagrees with MP's interpretation. The Dept of Safety's (MP's boss) own literature disagrees with MP's interpretation. Where do I go from here? I can't find anyone in the Dept of Safety to discuss this with, except the MP's in Glendale.

[Bizer]

"As designated by the commissioner" means those places where the Commissioner of Safety has explicitly excluded ski craft (aka PWCs) from operating. Through regulations, the Commisisoner has excluded ski craft in Winnipesaukee in four coves: Blackey's Cove, Salmon Meadow Cove, Greens Basin, and an area south of Jerry Point on Bear Island. All are designated as such on Bizer's chart.

I just found the online regulations at http://www.state.nh.us/safety/ss/bodies.html It mentions a place called Cedar Cove, but that's a new one on me. I've never heard of Cedar Cove. Has anyone else.

[Joe Kerr]

Originally Posted by frank m.

Skip and Siksukr,
Thanks for your replies. As you can see, there is some conflict here. [snip]...
The Dept of Safety's (MP's boss) own literature disagrees with MP's interpretation. Where do I go from here? I can't find anyone in the Dept of Safety to discuss this with, except the MP's in Glendale.

Have you tried sitting face to face with the Chief of the Marine Patrol, Director Barrett? As I remember, people who have had problems or conflicting answers to their questions regarding MP and the rules and regs have gone to the director. They resolved their issues and reached mutual understanding. I believe his office is at MP headquarters in Glendale. Unless you already talked to him (did you?). Bring any supporting information with you. The RSAs. Maybe measure the distance of the opening to your cove (got GPS or use the Bizer chart).

I think his official title is Director of the Division of Safety Services. Also remember, as other mentioned, those 3 person Wave Runners are considered boats and not PWC. Let us know how you do and good luck.

[Skip]

Frank,

You make some excellent points.

Unfortunately (in your case), a careful reading of RSA 270:74 does reveal that in order for enforcement, the commissionerr must designate the area as a cove, the key element being the phrase "...No person shall operate a ski craft in a cove, as designated by the commissioner..." as correctly pointed out by BIZER.

I am sure the legislative intent was as you stated, to ban jet skis (and as SIKSUKR has pointed out, only one or two seat devices fit this classification) from coves 1000' or less across.

Most likely someone in legislative services saw a problem with a blanket approach. I am only speculating here, but they probably felt that an official declaration would have to be made on each cove banned so proper public notification could be made (via maps/charts, boat launch signage, etc.)

I see two approaches to this issue. The first would be to make an appointment to sit down with Director Barrett (as Joe Kerr has recommended) for clarification and proper airing of your concerns.

If you cannot reach a satisfactory agreement, then I would suggest you have the legislator who originally sponsored this legislation re-visit the issue for clarification.

Hope this helps explain the situation a little better.

Skip

[frank m.]

If this is the case, then the Dept of Safety's own boater's guide is in error, and 270:74 VIII makes no sense. Why the need to travel at headway speed in a strait line from shore in a cove, when travel at headway speed is allowed anywhere in the cove? I guess I will work to have our cove designated, but I still think the intent of the law, it's wording, and it's intepretation by enforcement, are all in disagreement. In doing a Google search, I even found an article by a reporter questioning what the law really means versus what it says.

[Skip]

Frank,

I have carefully re-read both the RSA and the boater's guide and they seem to be in agreement to me.

What they both are saying is, if you need to depart (or return) to shore in a cove that has been designated "no jet ski" by the Commissioner, and that cove is adjacent to waters that are legal to operate in, you can leave shore anyhwhere within that cove and travel in a straight line at headway speed to the legal area. You cannot "ride around" within that restricted cove. The same would pertain to returning from open waters.

And while cove is defined by the statute, only a formal designation by the Commissioner can enact the legislation.

And remember, there are also separate specific stautes that restrict jet ski operation on a number of other bodies of water.

As a sidebar, this straight line rule does not state that you have to be a property owner, only a person departing or arriving to shore.

Again, I'll surmise that the straight line rule was to prevent property owners (and their guests) from being land (or Lake) locked.

However, it does bring up an interesting scenario. It specifically allows for jet skis to transistion to and from shore. It does not allow (or specifically address) those towing a jet ski into a cove, or jet skis coming into a restricted cove to "visit" a raft (or individual anchored vessel).

Therefore, I believe in these cases enforcement action could be taken.

Again, a sit down with those in the know beats my or anyone elses opinion on this site...so I would still recommend you have a talk with Director Barrett.

Did this help explain it any better?

Again, please feel free to e-mail me off line anytime....

Skip

[Aquadeziac]

Am I the only one with an orange sticker on my (3 seater)PWC that in essence in the eyes of the State classifies my unit as a "boat" and not a ski-craft? SIKSUKER is correct, "ski-craft" though a general term, refers to one and two passenger PWCs. 3+ seater PWCs are, for all intents and purposes in the eyes of the State "boat" and are governed by the laws for "boats" not by the laws for "ski-craft".

[SIKSUKR]

Hey aquaman,it was nice meeting you a few weeks back.I have never gotten the sticker for my pwc only cuz I wasn't worried about being harrased for being on a body of water that banned "skicraft".I only use mine at Winni so I didn't see the need. SS

[SPANKY]

hey aquadiziac, where can i get one of those stickers. i've heard about them, so far never needed one, but it wouldn't hurt to have one just in case

[chipj29]

You have to go to the Dept of Motor Vehicles to get a sticker, and you have to apply in writing. Of course they have no official form, so you have to basically write a letter pleading for them to allow you to have one of their precious stickers. I tried to get one last year, but since I didn't have my registration with me, they wouldn't even let me submit the letter. It is a waste of time if you ask me, but it may help you avoid a run-in with MP at some point.

[Fun4us]

When i registered my ski a few years ago, they told me a Parker Marine that i need to have the sticker because it was a three seater. So at that time i recieved it. Had to pay something the one time, but no charge after that....yet! There is no year on the orange sticker.

[Aquadeziac]

Mine was on my ski when I bought it. But I went to Dept of Safety and asked about having to replace it in the event of refinishing my cowl. They said that they could be replaced by taking your registration to Dept of Safety and filling out a form. Basically they are one time issue (no year date), and it helps Marine Patrol tell from a distance if they are looking at a two or three passenger PWC.