§ 270:12-a — Enforcement Powers Conferred

New Hampshire § 270:12-a

• Jurisdiction: New Hampshire
• Title XXII: NAVIGATION; HARBORS; COAST SURVEY
• Ch. 270: SUPERVISION OF NAVIGATION; REGISTRATION OF BOATS AND MOTORS; COMMON CARRIERS BY WATER
• Subdivision: Administration and Enforcement

Text

I. The director of state police and his or her duly authorized representatives shall have all the powers of a peace officer in all counties in the state in the enforcement of:
(a) The provisions of this chapter and the rules adopted hereunder;
(b) The provisions of RSA 265-A, relative to the operation or attempted operation of boats by a person under the influence of intoxicating liquor or a controlled drug, prescription drug, over-the-counter drug, or any other chemical substance, natural or synthetic, which impairs a person's ability to drive or other unlawful operation of boats thereunder;
(c) The provisions of RSA 637:9, relative to unauthorized use of a motor boat or any boat or vessel propelled by sail or a paddle;
(d) All other crimes and offenses, excluding violations of title XVIII, occurring on the public bodies of inland or coastal waters of the state;
(e) Any crime or offense, excluding a violation of title XVIII or a violation of title XXI not involving a boat or watercraft, that occurs on an island or on the mainland contiguous to inland or coastal bodies of water in the absence of any law enforcement agency with jurisdiction immediately available when immediate action is required;
(f) Any crime or offense when requested to render assistance to another peace officer having jurisdiction in the area; and
(g) The provisions of RSA 487:16-c and RSA 487:16-d, relative to the transport of aquatic plants or plant parts or exotic aquatic weeds or weed parts on the outside of boats, vehicles, and equipment, and the draining of water conveyances.
I-a. The director of state police and his or her duly authorized representatives shall be authorized to call upon any peace officer to render assistance to them in the performance of their duties and shall render assistance to any peace officer having jurisdiction in the area when so requested.
I-b. The director of state police is authorized to detail full-time or part time bureau of marine patrol officers for law enforcement and crowd control services for public and private events and for extra duty functions to be performed outside regular business hours and for which an outside entity will be reimbursing the department for the services. While performing such services, the officers may enforce all criminal and motor vehicle laws of the state on property adjacent to the body of water where the services or details are being performed. The commissioner of safety shall establish a detail rate for such assignments. The rate shall include compensation for the assigned officers plus reimbursement for the use of any boats or vehicles, employee benefits, and related overhead expenses.
II. [Repealed.]
III. The director of state police shall adopt rules pursuant to RSA 541-A prescribing the type and amount of training required for his or her duly authorized representatives to perform their duties under this section.
IV. Notwithstanding any other law to the contrary, the jurisdiction of marine patrol officers shall extend to any body of water, whether natural or human-made, within the state's jurisdiction, including the Atlantic Ocean, streams, rivers, and lakes or ponds having an area of at least 10 acres within the borders of the state.
V. All vessels and their registered tender operating on New Hampshire's tidal waters shall comply with United States Coast Guard equipment requirements in 33 C.F.R. part 175 and 46 C.F.R. part 25, exclusively.
VI. (a) The commissioner of the department of safety, at the request of the United States Coast Guard in accordance with applicable federal law, shall to the extent of available staffing and resources authorize marine patrol officers to assist the United States Coast Guard in the enforcement of safety and security zones established by the Coast Guard Captain of the Port with jurisdiction over New Hampshire. Marine patrol officers so authorized may take all action necessary to assist the Coast Guard in enforcing security and safety zones to the extent authorized by the Coast Guard, including exercising the power of arrest.
(b) The department of safety, prior to engaging in the activities authorized by this paragraph, shall enter into a memorandum of agreement with the United States Coast Guard that establishes the appropriate procedures and protocols for enforcement activities authorized by this paragraph. Any funds received from the federal government for reimbursement to the department of safety under this paragraph shall be deposited in the navigation safety fund established under RSA 270-E:6-a.
(c) The commissioner of the department of safety may establish a safety and security zone, including the establishment of a no wake zone for a period not to exceed 10 days due to weather or environmental conditions, on any public or coastal waters of the state in case of an emergency requiring prompt action.
VII. The director of state police shall adopt rules pursuant to RSA 541-A relative to safety requirements for operation of eFoils and electric hydrofoil surfboards.

Legislative History

1971, 274:1. RSA 570:28-b. 1973, 532:5. RSA 270:12-a. 1981, 353:4. 1983, 314:5, 6. 1988, 141:1. 1992, 257:2. 1994, 38:1; 334:2. 2004, 58:4. 2006, 315:1, 2, eff. July 1, 2006; 315:3, eff. Jan. 1, 2007. 2011, 224:245-247, eff. July 1, 2011. 2012, 267:17, eff. Jan. 1, 2013. 2016, 227:5, eff. Jan. 1, 2017. 2017, 204:2, eff. July 5, 2017. 2022, 37:1, eff. July 2, 2022. 2024, 131:1, eff. Sept. 1, 2024.