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Regulatory Brief
Pickerel Pond, New Hampshire
Contents:
- The Issue
- Why Its Important
- SPA's Position
- Current Status
- What You Can Do
- Reference Material
The Issue:
The New Hampshire Senate is considering SB486, which proposes closure of Pickerel Pond (near
Laconia) to seaplanes.
Why Its Important:
Residents in the vicinity of Pickerel Pond near Laconia, New Hampshire, recently petitioned
the New Hampshire Department of Safety to close Pickerel Pond to seaplanes. The pond is open to
motorboats of any power, and has no speed limit. The New Hampshire Department of Safety held
a public hearing, concluded that the evidence demonstrated that the petition would not
fulfill the purpose of law, and denied the petition in June of 2003.
Pickerel Pond was one of two lakes recently targeted for closure by local residents. The second,
White Oak Pond, was found to be restricted due to an existing motorboat power limitation, and
was not restricted further. At the time, a third lake, Webster Pond, was thought to be the target
of a petition in circulation, but that petition has not been submitted to the Department of
Safety.
Senator Carl Johnson (R), representing constituents in the vicinity of Pickerel Pond, introduced SB486
as a last resort following the Department of Safety's refusal to close the lake. If this bill
passes, it will demonstrate to seaplane opponents that they can seek political action without
regard for their proposal's merit or lack thereof. This, in turn, could lead to many more
local closures targeting seaplanes without cause and without similarly regulating motorized
boats.
SPA's Position:
The Department of Safety properly handled local resident's request, and found that the evidence
did not support the closure of Pickerel Pond to seaplanes. It is improper for the legislature to
reverse this decision in the absence of convincing evidence that seaplanes are in fact a threat to public
safety, the environment, or both. Further, it is improper for the legislature to limit
seaplane access without limiting motorboat access, which has impacts that are similar to, if not
worse than, those of seaplanes.
We appreciate Senator Johnson's responsibility to his constituents. However, we remind his fellow
Senators that they have a responsibility to all the citizens of the state. This legislation
allegedly helps the 25 citizens who took the time to petition for the closure of Pickerel Pond.
However, this legislation certainly harms over 300 seaplane pilots in New Hampshire who may wish to
land on the public waters of Pickerel Pond in the future. We urge
the Senate to look beyond the self-serving interests of a few local residents and consider the
broader issues of public access to public waters, reasonable regulation for public health and
safety purposes, and consistent application of the law to both seaplane and motorboat access.
Current Status:
| 1/7/2004 |
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SB486 introduced in the Senate. |
| 1/21/2004 |
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Senate Environment Committee public hearing held. |
| 2/5/2004 |
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Senate Environment Committee voted legislation inexpediant to legislate; Senator Johnson laid the bill on the table. |
| 3/18/2004 |
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Senator Johnson revived his bill with radically different language that would grant broad powers to the Commissioner of the
Department of Safety. The Senate voted as a body to lay the bill on the table, requiring a supermajority to revive it, and effectively killing the legislation during the current session. |
What You Can Do:
It is very unlikely that this legislation will be revived in the current session, so no action is necessary at this time.
A big "thank you" to the many members who responded to SPA's alert mailings and submitted comments
or appeared in person at the Senate Environment Committee's public hearing!
Reference Material:
New Hampshire Department of Safety Decision & Order: Pickerel Pond (PDF, 233KB)
SPA's Letter of Opposition to the Senate Environment Committee Members (PDF, 30KB)
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