Pease Development Authority pauses new rights‑of‑entry pending attorney general opinion; proposes one‑year extensions and fast‑tracked study

The Pease Development Authority board said it will temporarily withhold new or renewed rights‑of‑entry (ROEs) for harbor concessions while it awaits formal guidance from the New Hampshire attorney general’s office.

The board’s chair told attendees the authority referred stakeholder questions to the attorney general in late September/early October and has been ‘‘waiting for that opinion’’; while it is pending the administration will discuss one‑year extensions with existing ROE holders but made clear ‘‘if the attorney general comes back and says, you do not have the legal authority to do so without… rule making process, all bets are off.’’

Why it matters: rights of entry control who may operate concessions at Rye Harbor, Hampton Harbor and the Portsmouth Fish Pier, and many local businesses rely on predictable renewal terms. Stakeholders told the board that uncertainty about ROE length and timing impedes business planning and local school trips and tours that depend on harbor services.

Board action and process: the chair explained the authority’s cautious approach — delaying new ROEs until the AG issues an opinion and asking its consultant to run a comprehensive study that the RFQ lists as beginning Feb. 1. The chair said the goal is ‘‘not to spend a year and a half on this study… we’re going to get it done properly’’ so any rule or policy changes will be communicated well in advance.

Public comment and oversight pressure: State Representative Maggie Balboni, who said she represents Rye and lives in Rye, thanked the board and urged faster and clearer posting of meeting packets and interim study results so constituents and businesses can prepare. ‘‘Just be transparent, clear, and honest,’’ Balboni told the board. Representative Dennis Malloy asked that the consultant process include robust public‑comment opportunities similar to legislative committee practice so stakeholders can be heard.

Business concerns: multiple harbor tenants described operations that depend on stable ROE terms — from whale‑watch operators booking school trips to aquaculture firms that said they scaled to full‑time jobs under multi‑year ROEs. Several speakers urged equal treatment and clarity about whether certain charter operations or shack tenants would be handled differently.

Next steps: the authority’s administration will continue negotiations with existing ROE holders about one‑year extensions and will proceed with the consultant-led study per the RFQ. The AG opinion will determine whether longer renewals or rulemaking are legally required; the board warned that any extensions would be void if the AG rules the PDA lacks authority.

The board did not adopt new ROE policy at the meeting and has not announced a timetable for publishing the AG opinion.