OAR Chapter 250 — Oregon State Marine Board

Division 1 PROCEDURAL RULES

Or. Admin. R. 250-001-0000 Notice of Proposed Rule

Prior to adopting, amending, or repealing a permanent rule, the State Marine Board will give notice of the intended action:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule.

(2) By mailing or emailing notice to persons on the State Marine Board's interested parties list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule.

(3) By emailing a copy of the notice to the legislators as specified in ORS 183.335(15) at least 49 days before the effective date of the rule.

(4) By sending notice to the following persons and organizations:

(a) State and federal agencies, if affected;

(b) Port and park and recreation districts in the area affected; and

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 183.335
OSMB 2-2014, f. & cert. ef. 1-15-14
MB 7-1994, f. & cert. ef. 6-1-94
MB 2-1985, f. & ef. 1-29-85
MB 72, f. & ef. 11-4-75

Or. Admin. R. 250-001-0005 Model Rules of Practice and Procedure

(1) The Model Rules of Procedure for Contested Cases OAR 137-003-0501 to 137-003-0700, as promulgated by the Attorney General of the State of Oregon as in effect in 2021, apply to all contested case hearings conducted by a hearing officer from the Office of Administrative Hearings on behalf of the Board.

(2) The Model Rules for Rulemaking OAR Chapter 137 Division 001 as promulgated by the Attorney General of the State of Oregon as in effect in 2021 apply to all rulemaking activities conducted by or on behalf of the Board.

(3) The Collaborative Dispute Resolution Model Rules OAR 137-005-0050 (Confidentiality of Collaborative Dispute Resolution Communications), OAR 137-005-0052 (Mediation Confidentiality), and OAR 137-005-0054 (Confidentiality of Workplace Mediations) as promulgated by the Attorney General of the State of Oregon as in effect in 2021 apply to all applicable communications associated with collaborative dispute resolution agreements entered into by the agency.

(4) The Model Rules of Procedure for Contested Cases OAR 137-003-0000 to 137-003-0092, as promulgated by the Attorney General of the State of Oregon as in effect in 2021, apply to all administrative hearings conducted by the agency without the use of an administrative law judge.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Marine Board.]

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 183.341
OSMB 9-2021, amend filed 11/09/2021, effective 11/09/2021
OSMB 10-2014, f. 10-30-14, cert. ef. 11-1-14
OSMB 2-2014, f. & cert. ef. 1-15-14
MB 4-1986, f. 4-15-86, ef. 4-18-86
MB 4-1984, f. & ef. 1-19-84
MB 1-1982, f. & ef. 3-1-82
MB 3-1978, f. & ef. 4-5-78
MB 78, f. & ef. 8-27-76
MB 68, f. 5-19-75, ef. 6-11-75

Or. Admin. R. 250-001-0010 Availability of the Rules

Pursuant to ORS 830.110(11), the laws and rules of the Marine Board shall be available at the office of the State Marine Board.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
MB 1-1960, f. & ef. 2-4-60, Renumbered from 250-010-0020

Or. Admin. R. 250-001-0020 Fees for Public Records

(1) Oregon’s Public Records Law (ORS 192) provides that every person has a right to inspect any public records of a public body, except records that are exempt from disclosure.

(2) A public record request may be submitted in person, by U.S Mail, fax or by email to the Oregon State Marine Board (agency). The written request must include:

(a) The name and address of the person requesting the public record;

(b) The telephone number or other contact information of the person requesting the public record;

(c) A sufficiently detailed description of the record(s) requested to allow the agency to search for and identify responsive records; and the

(d) Date and signature of the person requesting the public record.

(3) Public records, except those exempt from disclosure, will be made available upon request for review and copies will be provided at a fee reasonably calculated.

(4) The Oregon Public Records Law allows agencies to recover their actual costs in fulfilling a public records request including actual costs for supplies, research, compilation, postage, shipping and staff time.

(5) Fees will be payable prior to fulfilling a public records request. If the fee is estimated to be greater than $25:

(a) The agency will provide the requestor with a written notice of the estimated amount of the fee.

(b) The public records request will not be fulfilled until the requestor confirms in writing that the requestor wants to proceed with the request.

(6) Standard fees for Public Records:

(a) Per page fees reflect current Oregon Department of Administrative Services policy;

(b) Electronic record files for individuals or firms requesting an alphabetical or numerical listing of boat owners and information concerning their boats (i.e. database) $165.00;

(d) Other applicable fees: actual costs or best estimate of costs; and

(e) Miscellaneous fees may include archive retrieval costs, costs of software companies/contracts; other third party costs.

(f) No charge for the first 30 minutes of staff time for processing request. The hourly rate charged for additional staff time is based on the level of skill or expertise required to complete the work performed not the employee-level of the individual actually fulfilling the request.

(g) Clerical labor charges are $25.00 per hour; Managerial labor charges are $40 per hour; Professional (IT, HR, high-level Analyst $75.00 per hour; and DOJ, special attorney and other applicable legal fees: at the actual hourly rate charged for Public Records Request-related services. Fees are subject to statutory limitation described in ORS 192.440(4)(b).

(7) The agency may furnish copies of public information without charge or at a reduced fee if it is determined that the waiver or reduction of fees is in the public interest because providing access primarily benefits the general public under ORS 192.440(5).

(8) A person desiring a waiver or reduction in fees must submit a written request for a waiver.

(9) The agency Director will consider each request on a case-by-case basis based on the information provided by the requestor and the totality of the circumstance at the time of the request.

(10) The agency Director will make fee waiver or reduction decisions based on the guidelines outlined in the Oregon Department of Administrative Services Statewide Standardized Fee Process.

History

Statutory/Other Authority: ORS 194.430 & ORS 194.440
Statutes/Other Implemented: ORS 194.440
OSMB 1-2020, amend filed 01/27/2020, effective 02/03/2020
OSMB 1-2018, amend filed 01/17/2018, effective 02/01/2018
OSMB 1-2003, f. & cert. ef. 1-14-03
MB 1-1997, f. & cert. ef. 4-4-97
MB 2-1986, f. & ef. 1-30-86
MB 16-1984, f. & ef. 12-3-84
MB 10-1978, f. & ef. 12-21-78, Renumbered from 250-010-0165
MB 8-1978(Temp), f. & ef. 10-5-78
MB 12, f. 3-27-62

Or. Admin. R. 250-001-0030 Hearings Authorized

The Director, or a designated agent, upon the order of the Board or any member of the Board, with the approval of the Board, may conduct public hearings for the purpose of promulgating special regulations consistent with the safety of the public relating to the operation of boats, when a request for such hearing is received from the governing body of a political subdivision.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110 & 830.175
MB 4-1978, f. & ef. 4-5-78, Renumbered from 250-010-0170
MB 88(Temp), f. & ef. 11-4-77
MB 5, f. 7-13-60

Or. Admin. R. 250-001-0035 Agency Representation by Officer or Employee

(1) A Marine Board employee is authorized to appear on behalf of the Board in a hearing or in a class of contested hearings in which the Attorney General or the Deputy Attorney General has given written consent for such representation.

(2) The contested case hearings for which the Attorney General has given its consent for the Marine Board to act as a representative of the agency are outfitter/guide, charter/livery and boat registration.

(3) The agency representative may not make legal argument on behalf of the agency.

(4) "Legal argument" as used in ORS 183.450(8) and this rule shall include arguments on:

(a) The jurisdiction of the agency to hear the contested case;

(b) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency;

(5) "Legal argument" does not include presentation of evidence, examination and cross-examination of witnesses or presentation of factual arguments or arguments on:

(a) The application of the facts to the statutes or rules directly applicable to the issues in the contested case;

(b) Comparison of prior actions of the agency in handling similar situations;

(d) The admissibility of evidence or the correctness of procedures being followed.

(6) When a Marine Board employee represents the agency, the presiding officer shall advise such representative of the manner in which objections may be made and matters preserved for appeal.

(a) Such advice is of a procedural nature and does not change applicable law on waiver or the duty to make timely objection.

(b) Where such objections involve legal argument, the presiding officer shall provide reasonable opportunity for the agency officer or employee to consult legal counsel and permit such legal counsel to file written legal argument within a reasonable time after conclusion of the hearing.

History

Statutory/Other Authority: ORS 830.110 & 183.452
Statutes/Other Implemented: ORS 704.040, 830.465, 830.420 & 830.815
OSMB 16-2016, f. 10-27-16, cert. ef. 11-1-16
OSMB 5-2016(Temp), f. & cert. ef. 5-12-16 thru 10-31-16

Or. Admin. R. 250-001-0050 Policy

(1) It is the policy of the State Marine Board to promote multiple use and enjoyment of waters of the state for a variety of boating activities. The Board recognizes and will uphold to the extent practicable the universal right of the public to navigate and use the waters of the state for boating.

(2) The Board is authorized to regulate through administrative rules boating in specific locations or on specific waterways in the interest of protecting public safety, property, water quality, fish and wildlife resources or for the purpose of reducing excessive congestion and conflict between users, and promoting uniformity of laws pertaining to such use.

(3) The Board will seek to resolve problems arising from or between boating activities on a waterway by using a variety of management measures including education, information, signing, voluntary restrictions or increased law enforcement of existing laws before acting to restrict public use and enjoyment of boats.

(4) It is the policy of the Board to exercise its regulatory authority based upon sufficient information, public testimony or evidence that establishes a demonstrated need to enact administrative rules.

(5) The Board will seek the concurrence and recommendations of affected local jurisdictions and authorities before adopting regulations for local waterways.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.175
OSMB 2-2014, f. & cert. ef. 1-15-14

Or. Admin. R. 250-001-0060 Scope of Rules

(1) The Board may regulate watercraft on all waters of this state. The Board's primary interest lies in waterways where public access for boating is provided, available, allowed, or reasonably accomplishable and is commonly or frequently used by the general boating public.

(2) The Board will not normally regulate waters of this state which are surrounded exclusively by privately owned lands, are sufficiently small so as to preclude access or severely limit public boating use, or are inaccessible to the general boating public by ordinary and usual means.

(3) Restrictions on boats and boat operations adopted by the Board in compliance with statutory authorization shall apply to all watercraft including boats used for commercial activities, excluding:

(a) Watercraft used for the law enforcement activities of authorized public safety agencies;

(b) Search and rescue activities conducted by or under the direction of these agencies; and

(c) Watercraft used for administrative or management functions performed by public agencies with jurisdiction over the subject waters or adjacent lands.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.175
OSMB 2-2014, f. & cert. ef. 1-15-14

Division 10 STATEWIDE RULES

Or. Admin. R. 250-010-0010 Definitions

As used in OAR Chapter 250, unless otherwise required by context:

(1) "Aquatic Invasive Species Prevention Permit" is an authorization issued by the Oregon State Marine Board or through designated agents that certifies payment to the Aquatic Invasive Species Prevention Fund.

(2) "Black Waste" means human body wastes including feces, urine, other substances of bodily origin, and toilet paper.

(3) "Board" means the Oregon State Marine Board.

(4) "Boat Livery" means a person, persons, or a business establishment engaged in renting or hiring out boats for profit.

(5) "Eleemosynary" means an organization supported by gifts or charity which is operated primarily as a part of organized activities for the purpose of teaching youth’s scout craft, camping, seamanship, self-reliance, patriotism, courage and kindred virtues.

(6) "Float Tube" means a manufactured floating device constructed of canvas, nylon or other similar material encasing an inner tube capable of supporting one person sitting inside with their legs dangling below the vessel, used as a means of transportation on the water. Single float tubes are boats as defined in ORS 830.005(2) and if powered by machinery, single float tubes are motorboats as defined in ORS 830.005(5) and subject to numbering according to OAR 250-010-0040.

(7) “Kiteboard” means a vessel with no freeboard that is propelled by a sail or sail-like device that is not attached to the vessel but held and manipulated by the operator. These vessels include those common for kiteboarding, wingfoiling, and kitefoiling.

(8) "Nonmotorized boat" means any watercraft as defined in ORS 830.005(2), but not a motorboat as defined in 830.005(6).

(9) "Operator" means the person who operates or who has charge of the navigation or use of a boat.

(10) "Person" means an individual, partnership, firm, corporation, association, or other entity.

(11) "Person on Board" means every person being carried on board or being towed by a vessel.

(12) “Portable Toilet” means all types of portable containers, hand carried potties, buckets or similar devices used to collect black waste into a small receptacle.

(13) "Propel" means but is not limited to floating, rowing, paddling, sailing or otherwise operating a boat (as defined in ORS 830.005), a vessel or ship.

(14) “Sailboard” means a sail propelled vessel with no freeboard and equipped with a swivel mounted mast not secured to a hull by guys or stays.

(15) "Sewage" means water-carried human and animal wastes and may include but is not solely kitchen, bath, and laundry wastes from residences, buildings, boats or other places.

(16) "Ship's Lifeboats" means lifeboats used solely for lifesaving purposes and does not include dinghies, tenders, speedboats, or other types of craft carried aboard a vessel and used for other than lifesaving purposes.

(17) “Slow-No Wake” means operating a boat at the slowest speed necessary to maintain steerage and that reduces or eliminates waves that appear as white water behind the boat.

(18) "Throwable Personal Flotation Device (PFD)” means a PFD that is intended to be thrown to a person in the water. A PFD marked as Type IV or Type V with Type IV performance is considered a throwable PFD; unless specifically marked, a wearable PFD is not a throwable PFD.

(19) “Type I Marine Sanitation Device” means a device installed on board a boat that is designed to receive, retain, treat, or discharge sewage or black waste, which produces an effluent having a fecal coliform bacteria count not greater than 1,000 per 100 ml and no visible floating solids.

(20) “Type II Marine Sanitation Device” means a device installed on board a boat that is designed to receive, retain, treat, or discharge sewage or black waste, which produces an effluent having a fecal coliform bacteria count not greater than 200 per 100 ml and suspended solids not greater than 150 mg/L.

(21) “Type III Marine Sanitation Device” means a device installed on board a boat that is designed to receive, retain, treat, or discharge sewage or black waste, which is designed to prevent the overboard discharge of treated or untreated sewage or any waste derived from sewage. These include but are not limited to a holding tank with a means of pumping the sewage into a land-based Oregon Department of Environmental Quality approved wastewater treatment system.

(22) "Undocumented Vessel" means any vessel which is not required to have, or does not have, a valid marine document issued by the U.S. Coast Guard.

(23) "Underway" means when a boat is not at anchor, or moored, or made fast to the shore, or aground.

(24) “Wakeboarding” means the activity of towing a person who is attached with two foot bindings on equipment similar to a short surfboard or snowboard. Equipment used in this activity may include but is not limited to wake boards.

(25) “Wake surfing” means the activity of propelling a person, on equipment similar to a surfboard, forward with a boat’s wake. The person may be holding a rope or free riding. Equipment used in this activity may include but is not limited to wake surf boards, wake boards, stand up paddleboards, and hydrofoils.

(26) "Waterway Access Permit" is an authorization issued by the Oregon State Marine Board or through designated agents that certifies payment to the Waterway Access Fund.

(27) “Wearable Personal Flotation Device (PFD)” means a PFD that is intended to be worn or otherwise attached to the body. A PFD marked as Type I, Type II, Type III, or Type V with Type (I, II, or III) performance is considered a wearable PFD.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110
OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023
OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020
OSMB 9-2019, amend filed 11/26/2019, effective 11/26/2019
OSMB 4-2019, amend filed 01/29/2019, effective 02/01/2019
OSMB 3-2019, amend filed 01/28/2019, effective 02/01/2019
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
MB 4-1996, f. & cert. ef. 4-12-96
MB 2-1996, f. & cert. ef. 2-13-96
MB 1-1992, f. & cert. ef. 3-13-92
MB 21-1983, f. 11-29-83, ef. 12-1-83
MB 4-1982, f. & ef. 6-1-82
MB 24, f. 3-13-64
MB 10, f. 11-14-61
MB 1, f. 2-4-60

Or. Admin. R. 250-010-0025 Basic Rule for “Slow–No Wake”

(1) A person must not operate a boat on the waters of this state in excess of a "slow-no wake" speed within 200 feet of a boat launch ramp, marina with a capacity for six or more moored vessels, floating home/boathouse moorage with six or more contiguous structures, designated swim area, and locations where persons are working at water level on floats, logs or waterway construction.

(2) Section (1) of this rule does not apply to commercial vessels or vessels engaged in navigation on rivers where a speed in excess of “slow-no wake” is needed to ensure safe passage.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
MB 1-1996, f. & cert. ef. 2-13-96
MB 9-1988, f. & cert. ef. 1-27-88

Or. Admin. R. 250-010-0030 Application for Certificate of Number and Title

(1) The application shall be made on a form furnished by the Board and mailed direct to the Board or presented to an appointed agent of the Board, together with the required fee.

(2) The application shall be available at the office of the Board, appointed agents of the Board, boat dealers, sheriffs, and Motor Vehicle Licensing offices.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
MB 24, f. 3-13-64
MB 1, f. 2-4-60

Or. Admin. R. 250-010-0040 Oregon Boat Numbering

(1) Boat numbers issued by the Oregon State Marine Board shall conform to the specifications regarding form of number in Title 33 Part 174 Subpart B of the Code of Federal Regulations.

(2) Decals issued to federally documented vessels under ORS 830.775 shall be conspicuously displayed on the aftermost part of the hull on both sides of the vessel.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110
OSMB 2-2023, amend filed 05/09/2023, effective 05/09/2023
OSMB 4-2002, f. & cert. ef. 7-5-02
MB 1-1992, f. & cert. ef. 3-13-92
MB 20-1985, f. & ef. 11-22-85
MB 24, f. 3-13-64
MB 10, f. 11-14-61
MB 1, f. 2-4-60

Or. Admin. R. 250-010-0051 Definition of "Operate" and "Otherwise Use a Boat on Water"

(1) For the purpose of ORS 830.700(5), the term "operate" means to navigate or otherwise use a boat on water:

(2) The term "otherwise use" includes, but is not limited to, being at anchor, adrift, moored on the water, use as live-a-board residence on water or otherwise being afloat on the waters of this state.

(3) A boat does not have to be "underway" to be in use for the purpose of titling and registration requirements as provided in ORS 830.070 to 830.830.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110
OSMB 5-2002, f. 10-15-02, cert. ef. 11-1-02

Or. Admin. R. 250-010-0053 Safety Inspections

The sheriff of each county and all other police officers responsible for enforcement of Oregon Revised Statutes, Chapter 704 and 830 and the amplifying Oregon Administrative Rules Chapter 250, are authorized to "signal boat operator to bring the boat to a stop" to conduct safety inspections:

(1) With the owner or operator's consent; or

(2) If a sheriff or other police officer confirms that a safety violation has occurred the sheriff or officer shall conduct a complete safety inspection to determine compliance with all other applicable safety laws.

History

Statutory/Other Authority: ORS 830.110 & 830
OSMB 1-2004, f. & cert. ef. 5-11-04

Or. Admin. R. 250-010-0055 Certificates of Boat Title

(1) When the owner of a boat submits an application for Certificate of Boat Title only, and under normal circumstances the boat would require in addition to the title, a certificate of number, the Director shall not issue the title until first obtaining from the owner a signed statement that the boat will not be used on any waters over which this state has jurisdiction until all registration requirements have been complied with.

(2) Before issuing a Certificate of Title for a boat the Director shall require "Proof of Ownership" which may include a notarized transfer of title by the previous title owners, a Manufacturer's Statement of Origin (MSO) properly executed by the manufacturer, a Homemade Boat Builders Certificate properly executed by the builder, a Certificate of Boat Title issued by another state or an original certificate of number for boats previously registered in another state that does not issue a Certificate of Title for a Boat.

(a) When an application is made for an initial Oregon title, the following boats must be inspected by the Oregon State Police, an Oregon county sheriff's representative, or Marine Board staff:

(A) Homemade boats; and

(B) Boats not titled and/or registered in Oregon or another state with the exception of new boats when a manufacturer's statement of origin has been submitted.

(C) When a boat is currently unavailable for inspection or when it is evident that a typographical error or misinterpretation of a number or letter has occurred, a title and registration may be issued after a pencil tracing (rubbing) or digital photo is submitted, provided:

(i) The boat has a title or out of state registration;

(ii) There are no stolen records or red flags; and,

(iii) The boat is more than 20 years old and/or has an estimated value less than $2,000.

(b) The Board at its discretion may inspect any boat before issuing an Oregon title.

(3) When an application for a certificate of boat title indicates that the legal owner of the boat is other than the principal owner, the title must be mailed to the legal owner.

(4) An application to replace a lost boat title may be made to the Board. A lost boat title must be issued to the title owners indicated in the Board’s records, unless a notarized transfer of title signed by the previous title owners has been submitted in connection with the lost title application.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
OSMB 9-2007, f. & cert. ef. 7-2-07
OSMB 4-2006, f. & cert ef. 7-3-06
MB 5-1997, f. & cert. ef. 5-30-97
MB 3-1984, f. & ef. 1-5-84
Suspended by MB 9-1983(Temp), f. 11-29-83, ef. 12-1-83
MB 24, f. & cert. ef. 3-13-64
MB 12, f. & cert. ef. 3-27-62
MB 10, f. & cert. ef. 11-14-61
MB 8, f. & cert. ef. 6-30-61
MB 1, f. & cert. ef. 2-4-60

Or. Admin. R. 250-010-0058 Refunds

(1) Pursuant to ORS 293.445(4), the Board will refund amounts more than $10 when it determines that moneys have been received in excess of the amount legally due the Board.

(2) If the refund amount owed is $10 or less, a refund shall be paid upon receipt of a written request from the person who paid the money or their legal representative.

History

Statutory/Other Authority: ORS 293 & 830
Statutes/Other Implemented: ORS 830.110
OSMB 9-2016, f. 6-30-16, cert. ef. 7-1-16
OSMB 1-2002, f. 4-15-02 cert. ef. 6-1-02
MB 9-1986, f. 7-28-86, ef. 8-1-86

Or. Admin. R. 250-010-0059 Reinstatement Fee

A fee of $25 shall be charged to reinstate a Certificate of Number for owners of boats who have had a certificate cancelled for failure to appear or failure to comply with a court judgement as provided in ORS 830.815.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110 & 830.815
MB 1-1992, f. & cert. ef. 3-13-92

Or. Admin. R. 250-010-0060 Report of Transfer, Abandonment or Wrecking of a Boat, Change of Address, Late Penalty Fees

(1) The owner of a boat for which a valid identifying number has been awarded by this state shall notify the Board within 30 days of the transfer, abandonment, or destruction of the boat.

(2) Within 30 days after any change in address, the owner of a boat with a valid identifying number shall report the change to the Board.

(3) Title transfers received for processing 31 or more days after transfer, abandonment or destruction shall be assessed a late penalty of $25. All late penalty fees shall be in addition to the prescribed original issuance title fee.

(4) The Board will waive the penalty fee for the following reasons:

(a) The applicant did not have possession of the title or replacement title form; or

(b) The person became physically or mentally incapacitated following the purchase of the vessel, directly preventing or making it impractical for the person to meet requirements for delivery of documents.

(5) Examples of situations the Board shall consider to be beyond a person’s control include but shall not be limited to where:

(a) The person is involved in an accident or suffers a debilitating illness, condition or occurrence immediately following the purchase of the vessel that prevents this person from conducting business for an extended time period following vessel purchase;

(b) The vessel is purchased from a person who fails to provide the purchaser with the title or replacement title.

(6) Examples of situations the Board would not consider to be beyond a person’s control include but shall not be limited to situations where the:

(a) Applicant purchases a vessel and the seller provides the title or replacement title to the purchaser within 25 days of the sale;

(b) The applicant made no attempt to obtain the title or replacement title from the seller;

(c) Applicant sustained minor injury, or incurred a short-term hospital stay which did not directly affect their ability to conduct business or to otherwise comply with requirements for delivery of documents.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110 & 830.905
MB 8-1992, f. & cert. ef. 6-16-92
MB 17-1987, f. 11-4-87, ef. 1-1-88
MB 1, f. 2-4-60

Or. Admin. R. 250-010-0065 County Use Permit Programs

(1) This rule establishes standards for review of county use permit programs as authorized by ORS 830.172(2).

(2) Applicability. The Board will only consider use permit programs from counties bordering a state that allows imposition of a boat use permit fee.

(3) Use of funds. All funds collected by a county from out-of-state residents for a boat use permit shall be dedicated to the maintenance, improvement and/or development of boating facilities and services for boating recreation on waters within the county. The enforcement of boating laws, rules, and use permits is an allowable use of county boat use permit revenues.

(4) Amount of fee. Fees should be commensurate with those fees charged to Oregon residents visiting states with boat use permits. Maximum fees shall not exceed the following:

(a) Daily permit: $1 per day, 4 days ($4) maximum;

(b) Annual permits: Less than 12 feet: $5; 12 feet and over: $5 plus $2 for each foot over 12;

(5) Administration. The proposed ordinance shall also prescribe where permits will be available, proper display of permits, exemptions to permits as set forth in ORS 830.172, permit expiration, and transferability of permits.

(6) Enforcement. The county ordinance shall contain a penalty section for violations, and shall state that county sheriffs and other peace officers are authorized to enforce the provisions of the use permit system.

(7) The permit system shall clearly identify that Oregon residents with current Oregon registrations are exempt from the county use permit. Manually propelled vessels are also exempt. The permit system shall exempt the Snake River and its reservoirs where such waters form a common border with the State of Idaho, provided that Idaho provides reciprocity on these waters and exempts Oregon vessels on those common waters.

(8) The county permit system ordinance shall provide reciprocity with other Oregon counties that require out-of-state boat use permits.

History

Statutory/Other Authority: ORS 830.110 & 830.172
Statutes/Other Implemented: ORS 830.172 & 830.200
MB 1-1993, f. & cert. ef. 1-15-93

Or. Admin. R. 250-010-0075 Boating Safety/Education Assistance Program

(1) The Board is authorized by ORS 830.110 (1), (4), (7), and (8) to carry out the provisions of boating safety education. The Boating Safety/Education Assistance Program provides funds for new, unique or innovative ideas or programs to promote safe boating and increase youth involvement in recreational boating.

(2) The Board may adopt policies, guidelines and procedure manuals to implement these rules. Assistance funds will be provided only to participants who meet eligibility guidelines. The Program process is competitive in nature. Applications are reviewed and evaluated on the basis of applicant’s eligibility, project feasibility, merit and effectiveness and the proposal’s compatibility with goals, needs and priorities of the Board.

(3) Applications will be accepted from nonprofit corporations or organizations. The application will be submitted to the Agency as described in the “Let’s Go Boating” Assistance Program Manual.

(A) Following Marine Board staff consideration, the applicant will be advised in writing of the Marine Board Director’s or designee’s decision. If the application is denied, Marine Board staff will provide specific notice indicating the reasons.

(B) Upon application approval, Marine Board staff will award a written contract stipulating project specifications and expectations. The recipient must sign and return the contract to the Agency within forty-five (45) days or award may be rescinded.

(4) An annual allotment of funds is available each biennial period as prescribed by the Board Proposals requesting more than the amounts prescribed may be considered on a case-by-case basis based on available funds.

(A) Only items approved by the Marine Board Director or designee and identified in the scope of work from the recipient’s finalized contract’s itemized cost estimates or amendments are eligible for funding. Eligible project costs are those identified specifically with and charged directly to a particular scope item.

(B) In determining approval, Marine Board staff will give priority to those applicants providing their program or services free to the general public.

(C) Applications for funding are accepted, reviewed and considered on an annual basis set by the Board. Applicants should contact the Agency for program application deadlines and availability of funds.

(D) The Board requires projects or programs to be completed within the timeframe set by the Board. Under extraordinary circumstances, the Marine Board Director or designee may authorize project extensions up to ninety (90) days.

(5) Each approved project must clearly acknowledge the use of Marine Board funds. This will be done as appropriate in print or by sign.

History

Statutory/Other Authority: ORS 830.110
OSMB 2-2008, f. 4-11-08, cert. ef. 5-1-08
OSMB 14-2007(Temp), f. & cert. ef. 12-10-07 thru 5-31-08

Or. Admin. R. 250-010-0085 Capacity Plates

This rule applies to monohull boats less than 20 feet in length, except sailboats, canoes, kayaks, inflatable boats, and other boats exempted by the U.S. Coast Guard. Each boat must display a capacity plate which shall meet the following specifications:

(1) The information relating to maximum capacity required to appear thereon shall be determined in accordance with methods and formulas recognized by the United States Coast Guard, as published in 33 CFR 183.23.

(2) The plate shall be of a form and size prescribed by 33 CFR 183.25.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
MB 13-1997, f. & cert. ef. 12-5-97
MB 38, f. 1-18-68

Or. Admin. R. 250-010-0095 Application for Marine Events

(1) For the purpose of this rule the term Marine Event includes Regattas, Boat Races, Marine Parades, Tournaments or Exhibitions which are organized boating water events of limited duration conducted according to a prearranged schedule. Predicted log races, cruises and/or other marine events conducted by individual groups, which do not introduce extra or unusual water safety hazards are exempted from the provisions of this rule.

(2) An individual or organization planning to sponsor or conduct a marine event which, by its nature, circumstances or location, will introduce extra or unusual hazards to water safety on waters of this state, shall submit a completed application to the State Marine Board at least 30 days prior to the event. Examples of conditions which are deemed to introduce extra or unusual hazards include, but are not limited to: an inherently hazardous competition, the customary presence of commercial or pleasure craft in the area, any obstruction to navigation which may result, and/or the expected accumulation of spectators or spectator craft. A completed application contains the signatures of the federal, state and/or local agencies specified on the application.

(3) The sponsor shall submit an advance copy of the application as soon as the event date(s) and location(s) have been determined by the sponsor. This copy will be without endorsements and serves to reserve the date(s) and location(s) until the completed application is received. Marine Event date(s) and location(s) are reserved on a first come, first serve basis.

(4) If the sponsoring organization is requesting Coast Guard Auxiliary assistance a “Request for Coast Guard Auxiliary Safety Patrol Services” application shall be completed and filed with the Marine Board after the sponsoring organization has made arrangements with the local Coast Guard flotilla.

(5) The agency shall authorize or deny the permit and so notify the sponsor and other interested agencies.

(6) The agency, in authorizing an event, may condition the authorization subject to meeting certain requirements as specified by responsible federal, state or local agencies.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.375
MB 7-1982, f. 10-13-82, ef. 10-15-82

Or. Admin. R. 250-010-0097 Application for Special Use Device Permits

(1) For the purpose of this rule the term Special Use Device includes waterski courses, ski jumps, race buoys, kayak race gates and other floating devices used to mark water events. These rules apply to all of the waters of this state.

(2) An individual or organization planning to install a special use device on the waters of this state shall submit a completed application for a special use device permit to the Marine Board at least 30 days before an anticipated installation.

(3) Exemptions. Devices installed in conjunction with an authorized marine event do not require a separate permit other than the permit by ORS Chapter 830 and OAR 250-010-0095. Devices installed for private non-commercial use are permitted for a period up to 12 hours, between sunrise and sunset, without a permit, provided the device is removed before sunset.

(4) The application shall be in such form as required by the Board. The applicant must furnish information on the type of device, dates of installation and proposed use, a description of the location including maps sufficient to locate the planned placement of the device, information identifying adjacent property owners by name and address, and other information deemed necessary by the Board.

(5) The Marine Board will circulate a notice of the proposed installation for public comment and review. Particular notice will be provided to adjacent landowners, the county sheriff and other interested parties. A hearing on the proposed device installation may be held if requested.

(6) The State Marine Director shall evaluate the application and consider public comments in deciding whether to issue a permit. The Director shall consider the size of the waterbody, season of use, probable impacts to adjacent properties, potential for use conflicts and other factors related to the public health, safety and welfare.

(7) The Director may condition permits as to days and hours of operation, anchoring materials and methods, special lighting requirements if any, and other requirements as necessary.

(8) The applicant or other affected parties may appeal the decision of the Director to the Board. Requests for Board review must be in writing within 30 days of the Directors decision on a permit.

(9) A special use permit does not authorize Marine Events. A separate permit is required if a permitted special use device is to be used for a boat race, regatta, tournament or exhibition.

(10) A Marine Board special use permit does not relieve the applicant from other federal, state or local permits, licenses, or approval which may be required.

(11) Permits may be valid for a period up to three years. The permit may be revoked or cancelled for violation of permit conditions, complaints regarding use by the public or county sheriff, or a request by ten or more persons.

(12) The Permittee shall be responsible for ensuring the safety of the proposed device area and keep it clear of debris, obstructions and other elements that constitute a safety hazard. A special device permit shall not give the permittee exclusive use of the waters of the state in the permit area.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
MB 3-1988, f. 4-21-88, cert. ef. 5-15-88

Or. Admin. R. 250-010-0110 Investigation of Incidents

(1) The operator of any boat involved in an incident resulting in an injury that requires medical treatment beyond first aid or death to any person shall within 48 hours forward a complete written report of such incident to the Board on a State Marine Board Recreational Boating Incident Report Form.

(2) Incidents involving damage to a boat and other property or equipment damage that amounts to $2,000 or more or results in the complete loss of a boat must be reported within ten days. Forms may be obtained from the State Marine Board or the local sheriff.

(3) Upon receipt of an incident report indicating the death, disappearance, or injury of any person as the result of the incident, the Director of the Board or their designee may investigate the incident and prepare an incident report which will be for the confidential use of administrative and enforcement agencies only.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.475
OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023
OSMB 9-2001, f. & cert. ef. 10-29-01
MB 3-1991, f. & cert. ef. 10-15-91
MB 1-1990, f. & cert. ef. 1-23-90
MB 2-1989, f. & cert. ef. 7-6-89
MB 7-1983, f. 11-29-83, ef. 12-1-83
MB 8, f. 6-30-61

Or. Admin. R. 250-010-0121 Mufflers

(1) The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled at all times in accordance with ORS 830.260. The term “effectively muffled” shall mean the exhaust system contains a mechanical device or appliance, designed, constructed and so used as to reduce the exhaust noise emissions of a motorboat below the maximum noise levels established in section (2) of this rule. Such device or appliance must be integral to the motorboats’ exhaust system. Water muffling systems which meet this standard are those which incorporate a marine exhaust manifold.

(2) A person shall operate a motorboat on the waters of this state in such a manner that does not exceed the following noise levels:

(a) For engines manufactured before January 1, 1993, a maximum noise level of 90 dBA when subjected to a stationary test as prescribed by SAE J-2005_199112;

(b) For engines manufactured after January 1, 1993, a maximum noise level of 88 dBA when subjected to a stationary test as prescribed by SAE J-2005_199112;

(c) A maximum noise level of 84 dBA measured as specified in the shoreline sound level measurement procedure for recreational motorboats J1970_201102.

(3) This regulation shall not apply to motor-boats competing, under a permit issued by the State Marine Board pursuant to ORS 830.375 or a United States Coast Guard permit, in a regatta, a boat race, or while on official trials for speed records during the time and in a designated area authorized by the permit; and those boats testing in areas designated by the State Marine Board pursuant to ORS 830.350.

[Publications: Publications referenced are available to view at the Oregon State Marine Board.]

History

Statutory/Other Authority: ORS 830.110 & ORS 830.250
Statutes/Other Implemented: ORS 830.260
OSMB 4-2018, amend filed 03/30/2018, effective 04/01/2018
MB 14-1992, f. & cert. ef. 11-24-92
MB 9-1981, f. & ef. 11-16-81
MB 2-1980, f. 4-23-80, ef. 5-1-80
MB 51, f. 5-3-73, ef. 5-15-73

Or. Admin. R. 250-010-0122 Carburetors

(1) All gasoline engines, except outboard motors, must be equipped with an acceptable means of backfire flame control. Installations consisting of backfire flame arresters approved by the U.S. Coast Guard under 46 CFR Parts 25 and 58 are acceptable.

(2) A Coast Guard Approved Flame Arrester bearing basic Approval Nos. 162.016 or 162.041 or engine air and fuel induction systems bearing basic Approval Nos. 162.015 or 162.042 may be continued in use as long as they are serviceable and in good condition. New installations or replacements must meet the applicable requirements of section (3) of this rule.

(3) The following are acceptable means of backfire flame control for gasoline engines:

(a) A backfire flame arrester complying with SAE J-1928 or UL 1111 and marked accordingly. The flame arrester must be suitably secured to the air intake with a flametight connection;

(b) An engine air and fuel induction system which provides adequate protection from propagation of backfire flame to the atmosphere equivalent to that provided by an acceptable backfire flame arrester. A gasoline engine utilizing an air and fuel induction system, and operated without an approved backfire flame arrester, must either include a reed valve assembly or be installed in accordance with SAE J-1928;

(c) An arrangement of the carburetor or engine air induction system that will disperse any flames caused by engine backfire. The flames must be dispersed to the atmosphere outside the vessel in such a manner that the flames will not endanger the vessel, persons on board, or nearby vessels and structures. Flame dispersion may be achieved by attachments to the carburetor or location of the engine air induction system. All attachments shall be of metallic construction with flametight connections and firmly secured to withstand vibration, shock, and engine backfire. Such installations do not require formal approval and labeling, but must comply with this rule.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 830.110, 830.235 & 830.250
Statutes/Other Implemented: ORS 830.110 & 830.235
MB 15-1992, f. & cert. ef. 11-24-92
MB 52, f. 8-17-73, ef. 9-1-73

Or. Admin. R. 250-010-0125 Ventilation

Pursuant to ORS 830.240, the following ventilation system standards shall apply to all boats:

(1) Powered ventilation (applicable to boats constructed after July 31, 1980 that utilize a gasoline engine for electrical generation, mechanical power or propulsion):

(a) Each compartment in a boat that has a permanently installed gasoline engine with a cranking motor must:

(A) Be open to the atmosphere; or

(B) Be ventilated by an exhaust blower system.

(b) Each exhaust blower or combination of blowers must be rated at an air flow capacity not less than that computed by the formulas given in Table 1 — Column 2. Blower rating must be determined according to AMCA Standard 210-74, Figure 12, dated 1974, or UL Standard 1128 dated August 23, 1977;

(c) Each exhaust blower system required by paragraph (1)(a)(B) of this rule must exhaust air from the boat at a rate which meets the requirements of Table 1 — Column 3 when the engine is not operating;

(d) Each intake duct for an exhaust blower must be in the lower one-third of the compartment and above the normal level of accumulated bilge water;

(e) More than one exhaust blower may be used in combination to meet these requirements;

(f) Each boat that is required to have an exhaust blower must have a label that:

(A) Is located as close as practicable to each ignition switch;

(B) Is in plain view of the operator; and

WARNING — GASOLINE VAPORS CAN EXPLODE. BEFORE STARTING ENGINE OPERATE BLOWER FOR 4 MINUTES AND CHECK ENGINE COMPARTMENT BILGE FOR GASOLINE VAPORS.

(2) Natural ventilation system:

(a) Except for compartments open to the atmosphere, a natural ventilation system that meets the requirements of paragraphs (2)(c)(A) and (B) of this rule must be provided for each compartment in a boat that:

(A) Contains a permanently installed gasoline engine;

(B) Has openings between it and a compartment that requires ventilation where the aggregate area of those openings exceeds two percent of the area between the compartments;

(C) Contains a permanently installed fuel tank and an electrical component that is not ignition protected in accordance with existing U.S. Coast Guard regulations;

(D) Contains a fuel tank that vents into that compartment; or

(E) Contains a non-metallic fuel tank with an aggregate permeability rate of more than the greater of 1.2 grams of fuel loss in 24 hours, or 1.2 grams of fuel loss in 24 hours per cubic foot of net compartment volume (Permeability Rate — reference: fuel “C” at 40° C. plus or minus 2° C. from ASTM Standard D-241, dated April 1975).

(b) Each natural ventilation system must be constructed so that:

(A) Each supply opening required is forward facing and located on the exterior surface of a boat; or

(B) Air flow will occur into or out of the supply or exhaust openings when the boat is in a wind flowing from bow to stern at a velocity of ten miles per hour (boat’s engine not operating).

(A) A supply opening or duct from the atmosphere or from a ventilated compartment or from a compartment that is open to the atmosphere; and

(B) An exhaust opening into another ventilated compartment or an exhaust duct to the atmosphere.

(d) Each exhaust opening or exhaust duct must originate in the lower third of the compartment;

(e) Each supply opening or supply duct and each exhaust opening or exhaust duct in a compartment must be located above the normal accumulation of bilge water.

NOTE: Except as provided in subsection (f) of this section, supply openings or supply ducts and exhaust opening or exhaust ducts must each have a minimum aggregate internal cross-sectional area calculated as follows: A = 5 in. (V/5): where:

(A) “A” is the minimum aggregate internal cross-sectional area of the openings or ducts in square inches;

(B) “V” is the net compartment volume in cubic feet, including the net volume of other compart-ments connected by openings that exceed two percent of the area between the compartments; and

(f) The minimum internal cross-sectional area of each supply opening or duct and exhaust opening or duct must exceed 3.0 square inches;

(g) The minimum internal cross-sectional area of terminal fittings for flexible ventilation ducts installed to meet the requirements of subsection (2)(d) of this rule must not be less than 80 percent of the required internal cross-sectional area of the flexible ventilation duct.

(3) Nothing in this rule shall apply to:

(a) Boats of open construction having at least 15 square inches of open area directly exposed to the atmosphere for each cubic foot of net compartment volume;

(b) An accommodation compartment above a compartment requiring ventilation that is separated from the compartment requiring ventilation by a deck or other structure.

[ED. NOTE: Tables & Publications referenced are available from the agency]

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.240
MB 1-1981, f. & ef. 3-3-81
MB 37, f. 1-16-68

Or. Admin. R. 250-010-0150 Registration and Titling Requirement Exemptions

(1) Undocumented vessels used exclusively for racing shall be exempt from the numbering and title requirements of ORS 830.770 and 830.810.

(2) The Lightship Columbia shall be exempt from the numbering and titling requirements of ORS Chapter 830.

(3) Federally documented commercial vessels are exempt from the numbering and title requirements of ORS 830.705, 830.710, 830.770, 830.780, 830.785, 830.795 to 830.805 and 830.830 to 830.870.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110 & ORS 830.175
OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023
OSMB 5-2012, f. & cert. ef. 4-20-12
MB 10-1984, f. 8-13-84, ef. 8-14-84
MB 33, f. 3-30-67
MB 24, f. 3-13-64
MB 11, f. 11-14-61
MB 8, f. 6-30-61
MB 7, f. 8-19-60

Or. Admin. R. 250-010-0152 Use of Sirens Prohibited by Other Than Expressly Authorized Peace Officers

Only law enforcement boats are allowed to use a siren on the waters over which this state has jurisdiction.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.035
MB 8, f. 6-30-61

Or. Admin. R. 250-010-0154 Personal Flotation Devices

(1) A person must not operate a boat on the waters of this state unless:

(a) At least one wearable Personal Flotation Device (PFD) is on board for each person; and

(b) Each PFD is used in accordance with any requirements on the approved label; and

(c) Each PFD is used in accordance with any requirements in its owner’s manual, if the approved label makes reference to such a manual.

(2) A person must not operate a boat 16 feet or more in length unless one throwable PFD is on board in addition to the total number of wearable PFDs required in section (1) of this rule.

(3) A person must not operate a boat on the waters of this state with a child age 12 and under, unless the child is wearing a U.S. Coast Guard approved personal flotation device, of the appropriate size, while the boat is underway. For the purpose of ORS 830.215, a personal flotation device shall not be considered "readily accessible" for children age 12 and under unless the device is worn while the boat is underway. The PFD must be worn at all times by a child age 12 and under whenever the boat is underway and the child is on an open deck or open cockpit of the vessel. The following circumstances are excepted:

(a) While the child is below deck, or in the cabin of a boat with enclosed cabin.

(b) While a child is on a sailboat and tethered by means of a lifeline or harness attached to the sailboat.

(c) While a child is on a U.S. Coast Guard inspected passenger-carrying vessel operating on the navigable waters of the United States.

(4) A person must not operate a personal watercraft (PWC), as defined in OAR 250-021-0020, unless each person operating or riding on the vessel is wearing an inherently buoyant Coast Guard approved wearable PFD that does not have a limitation or restriction on its approval that would prevent its use on a PWC.

(5) A properly secured wearable PFD must be worn by persons in a boat while navigating sections of river with a commonly accepted scale of river difficulty rated Class III or higher. The personal flotation devices worn by boaters must:

(a) Be approved by the U.S. Coast Guard as a wearable personal flotation device.

(b) Not have a limitation or restriction on its approval that would prevent its use on whitewater rivers.

(6) Exemptions:

(a) Canoes and kayaks 16 feet in length and over are exempted from the requirements for carriage of the additional throwable PFD.

(b) Racing shells, rowing sculls, racing canoes and racing kayaks are exempted from the requirements for carriage of any PFD. Racing shells, rowing sculls, racing canoes, and racing kayaks are manually propelled vessels that are recognized by national or international racing associations for use in competitive racing an in which all occupants row, scull, or paddle, with the exception of a coxswain, if one is provided, and are not designed to carry and do not carry any equipment not solely for competitive racing.

(d) Float tubes as defined in OAR 250-010-0010 are exempted from the requirements for carriage of any PFD.

History

Statutory/Other Authority: ORS 830.215
Statutes/Other Implemented: ORS 830.215
OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023
OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020
OSMB 2-2010, f. & cert. ef. 1-15-10
MB 1-1998, f. 1-15-98, cert. ef. 2-14-98
MB 9-1997, f. & cert. ef. 10-8-97
MB 2-1996, f. & cert. ef. 2-13-96
MB 1-1995, f. 3-21-95, cert. ef. 5-1-95
MB 12-1988, f. 12-28-98, cert. ef. 1-1-89
MB 2-1984, f. & ef. 1-5-84
Suspended by MB 11-1983(Temp), f. 11-29-83, ef. 12-1-83
MB 54, f. 10-29-73, ef. 11-25-73
MB 18, f. 2-5-63
MB 8, f. 6-30-61

Or. Admin. R. 250-010-0155 Fire Extinguishers

(1) Every motorboat, except outboard motorboats less than 26 feet in length of open construction and boats powered solely by electrical power, shall carry on board, fully charged and in serviceable condition, the following hand portable marine approved fire extinguishers:

(a) Motorboats with no fixed fire extinguishing system in the machinery space and which are:

(A) Less than 26 feet in length — One extinguisher;

(B) Twenty-six feet but less than 40 feet in length — Two extinguishers;

(b) Motorboats with a fixed extinguishing system in the machinery space and which are:

(A) Less than 26 feet — No hand portable extinguisher required;

(B) Twenty-six feet or longer in length, but less than forty feet in length — One extinguisher;

(2) The fire extinguishers required by this section are Class 5-B as described in Title 46, Code of Federal Regulation, 25.30, however, one Class 20-B described in that regulation may be substituted for two Class 5-B extinguishers. For the purposes of this rule, a fire extinguisher older than 12 years from its stamped date does not meet the requirements.

(3) This rule does not apply to motorboats propelled by outboard motors while competing in any race previously arranged and announced or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.

History

Statutory/Other Authority: ORS 830.220
Statutes/Other Implemented: ORS 830.220
OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023
OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020
MB 17-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-010-0156 Sound Signaling Appliances

(1) A vessel of less than 39 feet 4 inches (12 meters) must carry an efficient sound signaling appliance such as a bell, horn, or whistle.

(2) A vessel of 39 feet 4 inches (12 meters) in length but less than 65 feet 6 inches (20 meters) must carry a whistle and a bell. The whistle and the bell shall comply with Title 33, Code of Federal Regulation 83.33.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.230
OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023
MB 18-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-010-0160 Board Not to Approve Products of Manufacturers

The Marine Board will not endorse or approve the products of any individual or firm.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
MB 5, f. 7-13-60

Or. Admin. R. 250-010-0164 Visual Distress Signals

Vessels operating in ocean or coastal waters west of the line of demarcation, as described in the January 1, 2015, Title 33 Part 80 of the Code of Federal Regulations (CFR), are required to carry visual distress signals as defined in CFR Title 33 Part 175, effective January 1, 2015.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.245 & ORS 830.250
OSMB 3-2018, amend filed 02/13/2018, effective 03/01/2018
OSMB 2-2015, f. 4-29-15, cert. ef. 5-1-15

Or. Admin. R. 250-010-0166 Engine Cut-off Switches

A person must use an engine cut-off switch link while operating a motorboat at a planing speed. This rule does not apply if:

(1) The boat is not equipped with an engine cut-off switch, or

(2) The main helm of the boat is installed within an enclosed cabin.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110
OSMB 6-2023, adopt filed 12/21/2023, effective 12/22/2023

Or. Admin. R. 250-010-0201 Uniform Waterway Marking System; Definitions

(1) "Buoy" is any device designed to float and to be held in a fixed position in a water area and which is used to convey an official message.

(2) “Calm water buoy” is a buoy designed for use in lakes, reservoirs, or other waterbodies where currents are minimal.

(3) "Display Area" is the area needed to display a waterway marker symbol such as a diamond, circle, or square.

(4) “Fast water buoy” is a buoy designed for use in rivers, tidal areas, or other waterways where water currents exist.

(5) “Information marker” is a waterway marker used to convey information to boat operators other than regulatory matters, such as warnings of dangers or obstructions to navigation or other information of an official nature which will contribute to the health, safety, and well-being of boaters.

(6) “Mooring buoy” is a device that is permanently secured to the bottom of a body of water and to which a vessel may be secured when not underway.

(7) “Regulatory marker” is a waterway marker used to alert boat operators to restrictions set in law including, but not limited to, boat exclusion areas and motor, horsepower, speed, or wake restrictions.

(8) "Sign" is a device which is attached to another object such as a piling, buoy, pier, or the land itself which is used to convey an official message.

(9) "Waterway Marker" is any device placed by the Marine Board, or by a political subdivision or person with the permission of the Marine Board, under the authority of ORS 830.110(13), designed to be placed in, or near water to convey an official message to a boat operator. The term "waterway marker" includes within its meaning the terms "buoy" and "sign”

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
Renumbered from 250-010-0175 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
MB 19, f. 2-20-63

Or. Admin. R. 250-010-0206 Waterway Marker Permits Required and Exemptions

(1) No person or political subdivision shall place or cause to be placed any waterway marker in, on, or over the waters of this state without a permit from the Marine Board after July 1, 2015.

(2) Regulatory markers established before July 1, 2015, including markers deployed year-round and markers deployed seasonally, when supported by statute or rule, are exempt from the permit requirements of OAR 250-010-0215 to 250-010-0235 until the equipment is replaced. Existing regulatory markers that are not supported by statute or rule or that are an unreasonable hazard to navigation are subject to the removal provisions of 250-010-0235(4).

(3) A Marine Board waterway marker permit does not relieve the applicant from obtaining other federal, state or local permits, licenses, or approval which may be required.

(4) The permit requirements of OAR 250-010-0206 to 250-010-0235 shall not apply to:

(a) The US Government or its agencies, nor to any aid to navigation, waterway marker, mooring buoy, or other similar device placed by the US Government or its agencies on federally navigable waterways;

(b) Contracted law enforcement agencies placing markers purchased and owned by the Marine Board;

(c) Persons or political subdivisions placing a special use device if the owner of the special use device applied for and received a special used device permit as specified in OAR 250-010-0097.

(d) Persons or political subdivisions placing waterway markers used only during a marine event approved under OAR 250-010-0095.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15

Or. Admin. R. 250-010-0215 Application for Waterway Marker Permit

(1) Any person or political subdivision not exempted in OAR 250-010-0206(4), desiring to place a waterway marker shall apply for a permit from the Marine Board.

(2) The information marker application and the regulatory marker application, provided by the Marine Board, must identify information on the type of device, a description of the location including maps sufficient to locate the planned placement of the device, any comments or reference to required permits from other waterway management agencies, and other information deemed necessary by the Board.

(3) Persons or political subdivisions who have received permission from the US Army Corps of Engineers and the US Coast Guard to establish private aids to navigation pursuant to 33 CFR §66 prior to July 1, 2015 can submit a copy of the private aid to navigation approval in lieu of the form required in OAR 250-010-0215(2).

(4) The agency will authorize or deny the permit within 30 days and so notify the sponsor and other interested agencies.

(5) The applicant or other affected parties may appeal the decision of the agency to the Board. Requests for Board review must be in writing within 30 days of the agency’s decision on a permit. Any person aggrieved by a decision of the Board regarding the issuance or denial of a waterway marker permit is entitled to judicial review of the decision in accordance with the procedure for contested cases provided by ORS Chapter 183.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15

Or. Admin. R. 250-010-0225 Waterway Marker Placement Conditions

(1) After obtaining the requested waterway marker permit, the applicant must install, inspect, maintain, and remove the permitted marker at their own expense and as directed by the Marine Board.

(2) All markers must comply with the characteristics and standards of OAR 250-010-0240 to 250-010-0275 and all permits issued pursuant to this chapter are subject to the following conditions

(a) Placement of these markers must be as requested in the application. Any deviation will require the applicant to apply to have the permit amended.

(b) The applicant must attach a Marine Board supplied coding device or permanently attach the permit number on the top of the marker.

(c) All markers must be maintained in proper condition at all times. A discrepancy exists whenever a marker is not as described in the approved application or is destroyed, damaged, moved, or is otherwise unserviceable.

(d) Authorization by the Marine Board for the placement of a marker does not authorize any invasion of private rights, nor grant any exclusive privileges, nor does it preclude the necessity of complying with any other federal, state or local laws or regulations.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: 830.110
OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15

Or. Admin. R. 250-010-0230 Transfer of Ownership of Waterway Markers

When any waterway marker(s) authorized under permit by the Marine Board, or the facility with which the marker(s) are associated, is sold or transferred, the Marine Board must be notified within 30 days.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: 830.110
OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15

Or. Admin. R. 250-010-0235 Discontinuance and Removal of Waterway Markers

(1) Any permitted waterway marker may be discontinued and removed by the permittee. Upon completion of the removal of the marker, the permitee shall notify the Marine Board in writing within 30 days.

(2) If the statute or rule supporting a regulatory marker is amended, the permittee must relocate or otherwise modify those waterway markers placed by the permittee in order to implement the statute or rule, within 30 days of notification from the Marine Board.

(3) If the statute or rule supporting a regulatory marker is repealed, the permittee shall remove from the waters of this state all regulatory markers the permittee placed that correspond to the repealed statute or rule, within 30 days of notification from the Marine Board of the rule or statute repeal.

(4) The Marine Board or any peace officer charged with the enforcement of OAR Chapter 250 may remove, or cause the removal of, any marker found in violation of OAR Chapter 250, or that does not conform to the permit authorizing the placement of the marker, if the violation is not corrected within 30 days following notification of the permittee of the violation. Waterway markers that create an unreasonable hazard to navigation may be removed immediately.

(5) Non-conforming or non-permitted waterway markers removed from the waterway remain the property of the owner. Reoccurring removals of non-conforming or non-permitted markers may result in permanent seizure and will be disposed of in accordance with ORS 98.245.

(6) The permittee may appeal the decision to remove non-conforming or non-permitted waterway markers to the Board. Requests for Board review must be in writing within 30 days of the removal action. Any person aggrieved by a decision of the Board regarding the issuance or denial of a waterway marker permit is entitled to judicial review of the decision in accordance with the procedure for contested cases provided by ORS Chapter 183.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: 830.110
OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15

Or. Admin. R. 250-010-0240 Characteristics of Waterway Markers

(1) Channel markers shall be designated as follows:

(a) A solid red marker shall indicate that side of a channel to be kept to the right of a vessel when entering the channel from the main water body;

(b) A solid green marker shall indicate that side of a channel to be kept to the left of a vessel when entering the channel from the main water body;

(2) Informational and regulatory markers shall contain the symbols and messages as follows:

(a) A diamond shape of international orange with white center shall be used to indicate danger from natural or man-made hazard. The nature of the hazard may be indicated by words or well-known abbreviations in black letters inside the diamond shape, or above and/or below it on white background. Common messages include Danger, Rocks, and Low Water.

(b) A diamond shape of international orange with a cross of the same color within it against a white center shall be used to indicate a water zone where vessels may not enter. Any words or well-known abbreviations must be in black letters above and/or below the shape on white background. Common messages include Exclusion Zone, No Entry, Swim Area, and No Boats.

(c) A circle of international orange with white center shall be used to indicate water zone within which a control or restriction is imposed upon operation of vessels and/or use of the zoned area. The nature of the control shall be indicated by words, numerals, or well-known abbreviations in black letters inside the circular shape, or above and/or below it. Common messages include Slow No Wake, speed restrictions, and motor type restrictions.

(d) A rectangular shape of international orange with white center may be used to convey other information of an official nature which will contribute to the health, safety, and well-being of boaters using the state's waters. The message will be presented within the shape in black letters. Common messages include Marina Entrance, Wildlife Refuge, services, and other general information.

(3) Markers may be numbered for identification. In the case of channel markers, red markers will be identified with even numbers and green markers with odd numbers

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
Renumbered from 250-010-0180 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
MB 7-1984, f. 2-14-84, ef. 2-15-84
MB 19, f. 2-20-63

Or. Admin. R. 250-010-0245 Buoy Standards

(1) Buoys must meet the following specifications for design and construction:

(a) Be a commercial available design approved by the Marine Board;

(b) Be self-righting;

(d) Have internal foam floatation and a ballast system.

(2) Calm water buoys must conform to the following minimum dimensions:

(a) The minimum height above the waterline must be 34 inches;

(b) The minimum diameter must be 8 inches.

(3) Fast water buoys must conform to the following minimum dimensions:

(a) The minimum height above the waterline must be 36 inches;

(b) The minimum can diameter must be 10 inches;

(4) When a buoy is used as an informational or regulatory marker, it shall:

(a) Be white with horizontal bands of international orange placed completely around the buoy circumference. One band shall be at the top of the buoy body, with a second band placed just above the water line of the buoy so that both international orange bands are clearly visible to approaching vessels. The area of the buoy body visible between the two bands shall be white;

(b) Contain the symbols and messages described in 250-010-240(2)(a)–(d) placed in the center of the display area, between the horizontal bands.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
Renumbered from 250-010-0175 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
MB 19, f. 2-20-63

Or. Admin. R. 250-010-0255 Sign Standards

(1) Signs shall be made of materials which will retain, despite weather and other exposure, the characteristics essential to their basic significance, such as color, shape, legibility, and position. Acceptable materials include:

(a) 0.080” aluminum;

(b) Fluted twin wall corrugated plastic sheet; or

(2) The size of a display area shall be as required by circumstances, except no display area shall be smaller than 24 inches in height by 18 inches in width.

(3) When a sign is used as an informational or regulatory marker it shall:

(a) Be rectangular in shape and have a white background;

(b) Contain the symbols and messages described in 250-010-240(2)(a)–(d) placed in the center of the display area.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
Renumbered from 250-010-0190 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
MB 19, f. 2-20-63

Or. Admin. R. 250-010-0260 Standards for Letter or Numeral Elements of Markers

Letters, numerals, or figures used with the marker symbol shall be black, and in block characters of good proportion, and spaced in a manner which will provide maximum legibility.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
Renumbered from 250-010-0195 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
MB 19, f. 2-20-63

Or. Admin. R. 250-010-0265 Standards for Mooring Buoys

In order that mooring buoys shall not be mistaken for waterway markers, they shall be white with a blue band clearly visible above the water line, except those in officially designated mooring areas.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
Renumbered from 250-010-0205 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
MB 19, f. 2-20-63

Or. Admin. R. 250-010-0270 Standards for Swim Area Markers

(1) Only swim areas established by a public body in statute, rule or ordinance shall be considered marked swimming areas under ORS 830.345(2).

(2) Swim area markers must include regulatory buoys or signs at the corners of the designated swim area that display the message “swim area” and a diamond shape of international orange with a cross of the same color within it against a white background. The regulatory buoys or signs must be connected by a visible floating line to demarcate the boundaries of the swim area.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: 830.110 & 830.345
OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15

Or. Admin. R. 250-010-0275 The "Divers" Flag

(1) A red flag with a white diagonal running from the upper left hand corner to the lower right hand corner (from mast head to lower outside corner) and known as the "Diver Flag" shall, when displayed on the water, indicate the presence of a diver submerged in the immediate area.

(2) Recognition of this flag by regulation will not be construed as conferring any rights or privileges on its users, and its presence in a water area will not be construed in itself as restricting the use of the water area so marked.

(3) Operators of vessels engaged in diving operations shall comply with OAR 250-011-0140 as required.

(4) Operators of transiting vessels shall exercise caution commensurate with conditions indicated when in the vicinity of indicated diving operations.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
Renumbered from 250-010-0210 by OSMB 3-2015, f. 4-30-15, cert. ef. 5-1-15
MB 11-1984, f. 8-13-84, ef. 8-14-84
MB 8-1983, f. 11-29-83, ef. 12-1-83
MB 19, f. 2-20-63

Or. Admin. R. 250-010-0300 Floating Home/Boathouse Registration and Titling; Definitions

(1) "Board" means the Oregon State Marine Board.

(2) "Boathouse" means a covered structure on floats or piles used for the protected moorage of boats.

(3) "Floating Home" means a moored structure that is secured to a pier or pilings and is used primarily as a domicile and not as a boat.

(4) "Owner" means a person or persons who have a property interest other than a security interest in a floating home or boathouse, and the right of use or possession of the floating home or boathouse, but does not include a lessee.

(5) "Ownership" means a property interest other than a security interest.

(6) "Person" means an individual, partnership, firm, corporation, association, or other entity.

(7) "Security Interest" means an interest reserved or created by agreement which secures payment or performance of an obligation as more particularly defined by subsection (37) of ORS 71.2010.

(8) "Waters of This State" means all waters within the territorial limits of this state, the marginal sea adjacent to this state, and the high seas when navigated as a part of a journey or ride to and from the shore of this state.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.850
OSMB 9-2007, f. & cert. ef. 7-2-07
MB 1-1978, f. & ef. 4-5-78

Or. Admin. R. 250-010-0310 Certificate of Registration and Title for a Floating Home or Boathouse

(1) The application shall be made on a form furnished by the Board and mailed directly to the Oregon State Marine Board or presented in person with the required fee.

(2) Application forms shall be available at the office of the Board.

(3) The Certificate of Registration shall contain ownership data, location, and property description. The certificate of title shall contain ownership data, transfer of ownership data, location, and property description.

(4) With each Certificate of Registration issued by the Board, there shall be issued one registration plate. The plate shall be placed on the structure near the electric meter, to be clearly visible from the access walkway. If a meter is not on the premises, or if it is located in an area that is not accessible, the registration plate shall be placed on the structure in an area that is clearly visible from the access walkway.

(5) The numbers on the plate will correspond with the registration serial number issued by the Board on the original application. The plate color will be white background with green numbers and so maintained to be clearly visible and legible at all times.

(6) When an application for a Certificate of Title indicates that the legal owner of the Floating Home/Boathouse is other than the principal owner, the title will be mailed to the legal owner.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.855
MB 1-1984, f. & ef. 1-5-84
Suspended by MB 10-1983(Temp), f. 11-29-83, ef. 12-1-83
MB 1-1978, f. & ef. 4-5-78

Or. Admin. R. 250-010-0320 Oregon Floating Home/Boathouse Registration Numbering System

(1) The Floating Home/Boathouse numbering system adopted for use in the State of Oregon shall consist of the designator FH (Floating Home), BH (Boathouse), or C (Combination Floating Home/Boathouse). The assigned number will correspond to the identifying registration plate issued with the initial title or the replacement plate if applicable. NUMBERING EXAMPLES:

(a) FH0001 through FH9999.

(b) BH0001 through BH9999.

(2) The title number will contain seven numeric characters preceded by an alpha letter upon issuance of the second title, beginning with the letter A and continuing through Z as subsequent titles are issued. TITLE NUMBERING EXAMPLES: Initial title 0000001 then A0000001 through Z9999999.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.870
OSMB 9-2007, f. & cert. ef. 7-2-07
MB 1-1978, f. & ef. 4-5-78

Or. Admin. R. 250-010-0325 Report of Transfer, Abandonment, or Wrecking of Floating Home/Boathouse or Change of Address

(1) The owner of a Floating Home/Boathouse for which a valid identifying number has been awarded by this state shall notify the Board within 30 days of transfer of ownership. Abandonment or destruction of the structure also requires mailing the title to the Board within 30 days for cancellation.

(2) Within 30 days after any change of address, the owner of a Floating Home or Boathouse shall report the change of location to the Board.

(3) Title transfers received for processing 31 or more days after transfer, abandonment or destruction shall be assessed a late penalty fee of $25. All late penalty fees shall be in addition to the prescribed original issuance title fee.

(4) The Board will waive the penalty fee for the following reasons:

(a) The applicant did not have possession of the title or replacement title form; or

(5) Examples of situations the Board shall consider to be beyond a person’s control include but shall not be limited to where:

(b) The vessel is purchased from a person who fails to provide the purchaser with the title or replacement title.

(6) Examples of situations the Board would not consider to be beyond a person’s control include but shall not be limited to situations where the:

(a) Applicant purchases a vessel and the seller provides the title or replacement title to the purchaser within 25 days of the sale;

(b) The applicant made no attempt to obtain the title or replacement title from the seller;

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.710
MB 8-1992, f. & cert. ef. 6-16-92
MB 17-1987, f. 11-4-87, ef. 1-1-88
MB 1-1978, f. & ef. 4-5-78

Or. Admin. R. 250-010-0410 Definitions

“Chemical Test/Chemical Analysis” means a quantitative analysis for alcohol by means of direct or indirect measurement of physiochemical technique performed on a sample of breath.

History

Statutory/Other Authority: ORS 830.110 & 830.505 - 830.550
Statutes/Other Implemented: ORS 830.505
MB 4-1995, f. & cert. ef. 7-14-95
MB 2-1992, f. & cert. ef. 3-13-92

Or. Admin. R. 250-010-0420 Officer Report

(1) The arresting officer shall, within ten days of the arrest of an operator for operating a boat while under the influence of intoxicants, complete and submit to the Board the following:

(a) Operating Under the Influence Report;

(b) Consent Report.

(2) The Board shall publish and distribute in such form and content as required, report forms specified in subsections (1)(a) and (b) of this rule.

History

Statutory/Other Authority: ORS 830.110 & 830.505 - 830.550
Statutes/Other Implemented: ORS 830.520
MB 4-1995, f. & cert. ef. 7-14-95
MB 2-1992, f. & cert. ef. 3-13-92

Or. Admin. R. 250-010-0430 Chemical Analyses

(1) The chemical analysis of a person's breath for alcohol can be performed using breath testing equipment as approved under OAR 257-030-0040

(2) Accuracy testing of approved breath testing equipment shall be performed in accordance with OAR 257-030-0170.

History

OSMB 14-2011, f. & cert. ef. 11-1-11
OSMB 2-2011, f. 1-14-11, cert. ef. 2-1-11
OSMB 3-2001, f.& cert. ef. 3-29-01
MB 2-1992, f. & cert. ef. 3-13-92

Or. Admin. R. 250-010-0650 Aquatic Invasive Species Prevention Permit

(1) Operators of out-of-state motorboats and sailboats 12 feet in length or more that would be required to be registered in Oregon per ORS 830.790 must carry an out-of-state Aquatic Invasive Species Prevention Permit when in use on waters of the state. Out-of-state permits are transferrable between multiple motorized boats.(2) The name on the permit does not need to match the name of the person operating the boat.

(2) An Aquatic Invasive Species Prevention Permit is required for motorized race boats which are owned by Oregon residents but that are otherwise exempt from registration under OAR 250-010-0150(2).

(3) Boats required to carry permits must present their permit for inspection upon request by a law enforcement officer.

(4) A person is considered in violation of the provisions contained in this rule and subject to the penalties prescribed by law when they:

(a) Alter an aquatic invasive species prevention permit; or

(b) Produce or possess an unauthorized replica of an aquatic invasive species prevention permit; or

(5) The following vessels or classifications are exempt from the requirement to carry an Aquatic Invasive Species Prevention Permit:

(a) A boat with a current Oregon certificate of number as required by ORS 830.770.

(b) Motorboats and sailboats 12 feet in length or more registered in Washington or Idaho that launch directly into waters that form a common interstate boundary, or launch in Oregon tributaries within one mile of these waters, that have a current boat registration, Coast Guard documentation, or an aquatic invasive species prevention permit issued by the States of Idaho or Washington.

(d) Eleemosynary-owned boats which a supervising adult can confirm through documentation are engaged in an organization-related activity.

(e) A ship’s lifeboat used solely for lifesaving purposes.

(f) Seaplanes

History

Statutory/Other Authority: ORS 830.110 & ORS 830.580
Statutes/Other Implemented: ORS 830.565, ORS 830.570 & ORS 830.575
OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023
OSMB 9-2019, amend filed 11/26/2019, effective 11/26/2019
OSMB 5-2017, amend filed 12/08/2017, effective 01/01/2018
OSMB 3-2012, f. & cert. ef. 3-14-12
OSMB 2-2012, f. 1-13-12, cert. ef. 2-1-12
OSMB 12-2011(Temp), f. & cert. ef. 8-18-11 thru 1-31-12
OSMB 3-2011, f. 1-14-11, cert. ef. 2-1-11
OSMB 7-2010, f. & cert. ef. 5-6-10
OSMB 6-2010(Temp), f. & cert. ef. 1-15-10 thru 6-30-10
OSMB 1-2010(Temp), f. & cert. ef. 1-5-10 thru 6-30-10
OSMB 4-2009, f. 10-30-09, cert. ef. 1-1-10

Or. Admin. R. 250-010-0660 Watercraft Inspection Stations

(1) For the purpose of this rule, the following definitions apply:

(a) “Check Station” is a location in Oregon that a watercraft inspection team has designated for conducting watercraft inspections for aquatic invasive species.

(b) “Decontamination” is the removal of aquatic invasive species from a watercraft.

(c) “Inspector” is an individual certified and authorized by the Oregon Department of Fish and Wildlife to conduct boat inspections for aquatic invasive species.

(d) “Inspection Certificate” is a form used by the inspector to conduct and record watercraft inspection information.

(e) “Seal” is a plastic zip tie or cable with a unique number that is affixed to the trailer or other device to transport the watercraft.

(f) “Watercraft” are recreational or commercial, motorized and nonmotorized boats, including canoes, kayaks and rafts, as provided in ORS 830.005, and any equipment used to transport a boat and any auxiliary equipment, as provided in ORS 570.850.

(2) The watercraft owner, operator or carrier must provide to the inspector, on request, his or her name and ZIP code. If an inspector determines that decontamination is required, the owner, operator or carrier must provide the additional information requested on the inspection certificate form including contact information.

(a) The decontamination process may include the hull, motor, propulsion system or component, anchor or other attached apparatus, trailer or other device used to transport the watercraft, bilge, live-well, motor-well or other interior location that could harbor aquatic plants or animals.

(b) Means of decontamination include, but are not limited to: hot water washing or flushing, high-pressure water jets, hand removal and chemical treatment as determined necessary by the watercraft inspection team.

(3) An inspector may determine that the watercraft is a severe risk if the boat contains quagga or zebra mussels or other high risk aquatic invasive species, as defined by the Oregon Department of Agriculture (OAR 603-052-1200) or the Oregon Department of Fish and Wildlife (OAR chapter 635, division 056), or is of a design that prevents or inhibits effective on-site decontamination and the watercraft is from a known aquatic invasive species contaminated waterbody. In such cases, the inspector will place a seal on the watercraft indicating potential contamination. Only the inspector may attach this seal. Tampered, broken or removed seals are void and no longer valid for the purposes as to when they were attached.

(4) When the inspector determines the watercraft is clean or fully decontaminated, the inspector will attach a seal between the watercraft and trailer or other carriage device indicating a completed inspection. Only the inspector may attach this seal. Tampered, broken or removed seals are void.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: HB3399 & ORS 570.855
OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023
OSMB 2-2012, f. 1-13-12, cert. ef. 2-1-12
OSMB 13-2011(Temp), f. & cert. ef. 8-23-11 thru 1-31-12

Or. Admin. R. 250-010-0700 Flotation Encapsulation Rules; Definitions

For the purposes of OAR 250-010-0700 to 250-010-0715 the following definitions shall apply:

(1) "Bonded" means an effective and permanent means of physical or chemical adhesion.

(2) "Dock" means an individual, unenclosed, structure, which may either be secured to the adjacent or underlying land or that floats, that is used for mooring boats and for similar recreational uses such as sunbathing or as a swimming platform. A structure does not lose its designation as a dock if it has an unenclosed recreation area, or includes a second level that may be used for a recreational purpose such as a viewing platform or sunbathing deck.

(3) "Float" or “Floating Structure" means a structure supported by polystyrene foam flotation and held in place by piling and mooring devices, including but not limited to boathouses, floating homes, marinas, and walkways, boarding floats or combination thereof.

(4) "Fuel Float" means any floating structure used to dispense any form of fuel or any floating structure used to store, maintain or repair boat engines.

(5) "Mil" means one-one thousand of an inch of thickness or 0.001 of an inch.

(6) "Repair or Maintenance" means the reconstruction or renewal of any part of an existing floating structure for the purpose of its maintenance.

(7) "Polystyrene Foam Flotation" means all products manufactured from expanded polystyrene foam beads with cell diameters of 0.125" or larger used as flotation.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110 & ORS 830.955
OSMB 16-2018, adopt filed 12/05/2018, effective 01/01/2019

Or. Admin. R. 250-010-0705 Materials and Methods of Encapsulation

(1) As of January 1, 1992, when a person installs a submersible polystyrene device on a dock, buoy, or float on the waters of this state the device must be encapsulated by a protective covering or be designed to prevent the polystyrene from disintegrating into the water.

(2) Effective methods of encapsulation shall completely cover or be a physical barrier between the polystyrene foam flotation and the water. Small gaps up to 0.75 inch diameter ballast holes are permitted in the physical barrier or covering provided they are 0.1% or less of the square footage of the floating structure.

(3) All materials and methods of encapsulation shall comply with all requirements specified in OAR 250-010-0705 and provide an effective physical barrier between the polystyrene foam flotation and the water for a period not less than ten (10) years. Any fasteners used to hold encapsulation materials together shall be effectively treated or be of such form as to reduce corrosion and decay.

(4) Any polystyrene foam flotation or part thereof installed, removed, replaced, or repaired during construction or maintenance activities shall be effectively contained. All unused or replaced polystyrene foam shall be removed from the waters of this state and disposed of in an approved manner at an upland disposal site or recycled.

(5) The Board may formally approve other encapsulation materials or methods, if based on their judgment the proposed alternatives meet or exceed the provision of this rule. The Board shall not approve or endorse specific products of any person or firm.

(6) In the absence of local ordinances exceeding the provisions of this rule, the following materials or methods of encapsulation are approved:

(a) Concrete 1.0 inch or more in thickness.

(b) Galvanized steel 0.065 inch or 16 gauge or more in thickness.

(d) Rigid (hard) plastics, 50 mils or more in thickness.

(e) Fiberglass and plastic resins, 30 mils or more in thickness, chemically or securely bonded.

(f) Pliable (soft) plastic sheets, 10 mils or more in thickness, chemically or securely bonded. Multiple layers of single plastic sheets less than 10 mils in thickness are not permitted. The process of using shrink-wrap, with shrink-wrap sheets 10 mil or more in thickness, is permitted.

(g) Non-treated dimensional wood 4.0 inches or more in thickness and round wood logs.

(h) Non-treated marine grade plywood 0.5 inches or more in thickness.

(7) All polystyrene foam flotation used on fuel floats or floating structures used to store, maintain, or repair boat engines shall be encapsulated with materials that are not subject to degradation by fuel oils or products. The exemptions in OAR 250-010-0705(8) shall not apply to any polystyrene foam device used to support fuel floats, docks, or floating structures used to store, maintain, or repair boat engines.

(8) Exemptions:

(a) The construction, maintenance, or operation of boats or vessels.

(b) Any polystyrene foam device manufactured into extruded closed cell beads 0.125 inch or smaller, approved for marine use.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.955 & ORS 830.110
OSMB 3-2022, amend filed 04/08/2022, effective 04/08/2022
OSMB 17-2018, adopt filed 12/05/2018, effective 01/01/2019

Or. Admin. R. 250-010-0710 Existing Structures

(1) Any repairs or maintenance of a floating structure, including those existing structures placed on the waters of this state prior to January 1, 1992, shall comply with provisions as specified in OAR 250-010-0705.

(2) Repairs or maintenance to existing encapsulated foam flotation that was encapsulated with the following previously approved of materials and methods of encapsulation, and was installed before January 1, 2019, are exempt from the requirements in OAR 250-010-0710(1) and may be repaired or maintained in accordance with OAR 250-010-0705 or with like materials and in a like manner to the existing encapsulation material and method:

(a) Treated dimensional wood, 1.5 inches (actual) or more in thickness.

(b) Treated plywood 0.5 inches or more in thickness.

(3) Any alteration or addition of an existing floating structure which leads to an increase in the square footage of that floating structure, must comply with the provisions as specified in OAR 250-010-0705.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110 & ORS 830.955
OSMB 17-2018, adopt filed 12/05/2018, effective 01/01/2019

Or. Admin. R. 250-010-0715 Buoys and Other Floating Devices

(1) All polystyrene foam buoys must comply with both OAR 250-010-0245 Buoy Standards and OAR 250-010-0705.

(2) All polystyrene foam markers, ski floats, bumpers, fish trap markers, or similar devices shall be encapsulated in accordance with OAR 250-010-0705.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110 & ORS 830.955
OSMB 17-2018, adopt filed 12/05/2018, effective 01/01/2019

Or. Admin. R. 250-010-0750 Marine Sanitation Device Requirements

(1) All boats with permanently installed boat toilet fixtures shall utilize an effective means to collect, treat or dispose of black waste and sewage in an approved manner as follows:

(a) When underway or moored on "navigable waters of the United States" as defined in ORS 830.005, a U.S. Coast Guard approved Type I, II or III Marine Sanitation Device (MSD) must be used to treat, or retain in a holding tank, all generated black waste.

(b) When underway or moored on inland "state waters" as defined in ORS 830.005, a U.S. Coast Guard approved Type III MSD shall be used to contain all permanently installed boat toilet fixture black waste and sewage. A Type I or II MSD cannot be discharged while underway or moored on inland "state waters".

(2) Any installed wye valve within a boat MSD system regardless of type, shall be secured in the closed position while moored or underway on state waters. Use of a padlock, non-releasable wire-tie, or the removal of the valve handle are considered methods of adequately securing the device. The method chosen must be one that presents a physical barrier to the use of the valve for overboard discharge.

(3) All black waste that is collected and stored in a portable toilet or Type III MSD on a boat operating on waters of the state must be properly disposed of utilizing a facility or equipment that collects and transfers black waste from boats, including boat pumpout or dump stations, and must not be discharged into any receiving waters within the territorial limits of this state including the territorial sea.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110
OSMB 3-2019, adopt filed 01/28/2019, effective 02/01/2019

Or. Admin. R. 250-010-0760 Waterway Access Permit

(1) The following vessels or classifications are exempt from the requirement to carry a Waterway Access Permit:

(a) Eleemosynary-owned boats which a supervising adult can confirm through documentation are engaged in an organization-related activity.

(b) A ship’s lifeboat used solely for lifesaving purposes.

(d) Boats owned and operated by liveries and those used for group-guided activities by Outfitters and Guides which have purchased discounted permits and have received a certificate of compliance from the Board.

(e) Nonmotorized boats operating on the Snake River with a valid Idaho Invasive Species Permit.

(f) Nonmotorized boats less than 10 feet in length engaging in whitewater recreation activities while operating on Whitewater Exempt Waterways as identified on OSMB’s Boat Oregon Online Map.

(A) Division 010 incorporates by reference the current Boat Oregon Online Maps Whitewater Exempt Waterway layer. Therefore, persons must consult the current Boat Oregon Online Maps Whitewater Exempt Waterway layer to determine all applicable whitewater exempt waterways.

(B) Changes to exempt waterways may be adopted in this rule division from time to time.

(2) Clubs or organizations that possess or own boats for communal use by members, participants, racing teams, or for public educational purposes except as exempted under this rule, may purchase Waterway Access Permits under the name of the organization.

(3) For nonmotorized boats engaged in competitive events, Waterway Access Permits numbering not less than the maximum number of boats in use on the water at any given time may be held by the event organizer, coach or other designated person at the event site as long as the permits are readily available for inspection by a law enforcement officer.

(4) A person is considered in violation of the provisions contained in this rule and subject to the penalties prescribed by law when they:

(a) Alter a Waterway Access Permit; or

(b) Produce or possess an unauthorized replica of a Waterway Access Permit; or

(5) The Waterway Access Permit expires on December 31 of the year indicated on the permit.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: 2019 SB 47 & 2025 HB 2982
OSMB 1-2026, amend filed 02/03/2026, effective 02/03/2026
OSMB 6-2023, amend filed 12/21/2023, effective 12/22/2023
OSMB 9-2019, adopt filed 11/26/2019, effective 11/26/2019

Or. Admin. R. 250-010-0800 Livery Registration

(1) A livery operator must present their livery registration certificate for inspection upon request by a law enforcement officer.

(2) Livery registration certificates are valid for two calendar years from the date of issuance.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: 2019 HB 2077
OSMB 10-2019, adopt filed 11/26/2019, effective 01/01/2020

Division 11 STEERING AND SAILING RULES

Or. Admin. R. 250-011-0020 General; Division Application

(1) This division applies to all vessels upon waters of this state shoreward of the navigational demarcation lines dividing the high seas from harbors, rivers, and other inland waters.

(2) All vessels operating on the high seas seaward of the navigational demarcation lines fall under the authority of the International Rules, 72 COLREGS, as amended November 19, 1989.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.335 & ORS 830.340
OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15

Or. Admin. R. 250-011-0030 Division Responsibility

(1) Nothing in this division shall exonerate any vessel, or the owner, master, or crew thereof, from the consequences of any neglect to comply with this division or of the neglect of any precaution which may be required by the ordinary practice of seamen, or by the special circumstance of the case.

(2) In construing and complying with this division, due regard shall be had to all dangers of navigation and collision and to any special circumstances, including the limitation of the vessels involved, which may make a departure from this division necessary to avoid immediate danger.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.335 & ORS 830.340
OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15

Or. Admin. R. 250-011-0040 Division Definitions

(1) "All-Round Light is a light showing an unbroken light over an arc of the horizon of 360 degrees.

(2) "Flashing Light" is a light flashing at regular intervals at a frequency of 120 flashes or more per minute.

(3) “In sight” is when one vessel can be observed visually by the other.

(4) "Masthead Light" is a white light placed over the fore and aft centerline of the vessel showing an unbroken light over an arc of the horizon of 225 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on either side of the vessel, except that on a vessel of less than 12 meters in length the masthead light shall be placed as nearly as practicable to the fore and aft centerline of the vessel.

(5) “Power-driven vessel” is any vessel propelled by machinery.

(6) "Prolonged blast" is a blast of from four to six second's duration.

(7) “Restricted visibility” is any condition in which visibility is restricted by fog, mist, falling snow, heavy rainstorms, sandstorms, or any other similar causes.

(8) “Sailing vessel” is any vessel under sail provided that propelling machinery, if fitted, is not being used.

(9) “Seaplane” includes any aircraft designed to maneuver on the water.

(10) "Short blast" is a blast of about one second's duration.

(11) "Sidelights" is a green light on the starboard side and a red light on the port side each showing an unbroken light over an arc of the horizon of 112.5 degrees and so fixed as to show the light from right ahead to 22.5 degrees abaft the beam on its respective side. On a vessel of less than 20 meters in length the sidelights may be combined in one lantern carried on the fore and aft centerline of the vessel, except that on a vessel of less than 12 meters in length the sidelights when combined in one lantern shall be placed as nearly as practicable to the fore and aft centerline of the vessel.

(12) "Special Flashing Light" is a yellow light flashing at regular intervals at a frequency of 50 to 70 flashes per minute, placed as far forward and as nearly as practicable on the fore and aft centerline of the tow and showing on unbroken light over an arc of the horizon of not less than 180 degrees nor more than 225 degrees and so fixed as to show the light from right ahead to abeam and no more than 22.5 degrees abaft the beam on either side of the vessel.

(13) "Sternlight" is a white light placed as nearly as practicable at the stern showing an unbroken light over an arc of the horizon of 135 degrees and so fixed as to show the light 67.5 degrees from right aft on each side of the vessel.

(14) "Towing Light" is a yellow light having the same characteristics as the "sternlight" defined in of this rule.

(15) “Vessel” includes every description of water craft, including non-displacement craft and seaplanes, used or capable of being used as a means of transportation on the water.

(16) “Vessel not under command” is a vessel which through some exceptional circumstances is unable to maneuver as required by this section and is therefore unable to keep out of the way of another vessel.

(17) “Vessel restricted in its ability to maneuver” is a vessel which from the nature of its work is restricted in its ability to maneuver as required by this section and is therefore unable to keep out of the way of another vessel; vessels restricted in their ability to maneuver include, but are not limited to:

(a) a vessel engaged in laying, servicing, or picking up a navigation mark, submarine cable, or pipeline;

(b) a vessel engaged in dredging, surveying, or underwater operations;

(d) a vessel engaged in the launching of recovery of aircraft;

(e) a vessel engaged in mine clearance operations; and

(f) a vessel engaged in towing operations such as severely restricts the towing vessel and its tow in their ability to deviate from their course.

(18) “Whistle" is any sound signaling appliance capable of producing the prescribed blasts and which complies with current U.S. Coast Guard specifications.

(19) “Wing-In-Ground (WIG) craft” is a multimodal craft which, in its main operational mode, flies in close proximity to the surface by utilizing surface-effect action.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.225
OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15

Or. Admin. R. 250-011-0050 Conduct of Vessels in Any Condition of Visibility

(1) Every vessel shall at all times maintain a proper lookout by sight and hearing as well as by all available means appropriate in the prevailing circumstances and conditions so as to make a full appraisal of the situation and of the risk of collision.

(2) Every vessel shall at all times proceed at a safe speed so that it can take proper and effective action to avoid collision and be stopped within a distance appropriate to the prevailing circumstances and conditions. In determining a safe speed the following factors shall be among those taken into account by all vessels:

(a) The state of visibility;

(b) The traffic density including concentration of fishing vessels or any other vessels;

(c) The maneuverability of the vessel with special reference to stopping distance and turning ability in the prevailing conditions;

(d) At night the presence of background light such as from shore lights or from back scatter of its own lights;

(e) The state of wind, sea, and current, and the proximity of navigational hazards;

(f) The draft in relation to the available depth of water;

(g) The characteristics, efficiency and limitations of the radar equipment;

(h) Any constraints imposed by the radar range scale in use;

(i) The effect on radar detection of the sea state, weather, and other sources of interference;

(j) The possibility that small vessels, ice and other floating objects may not be detected by radar at an adequate range;

(k) The number, location, and movement of vessels detected by radar; and

(l) The more exact assessment of the visibility that may be possible when radar is used to determine the range of vessels or other objects in the vicinity.

(3) Every vessel shall use all available means appropriate to the prevailing circumstances and conditions to determine if risk of collision exists. If there is any doubt such risk shall be deemed to exist. Proper use shall be made of radar equipment if fitted and operational, including long-range scanning to obtain early warning of risk of collision and radar plotting or equivalent systematic observation of detected objects. Assumptions shall not be made on the basis of scanty information, especially scanty radar information. In determining if risk of collision exists the following considerations shall be among those taken into account:

(a) Such risk shall be deemed to exist if the compass bearing of an approaching vessel does not appreciably change; and

(b) Such risk may sometimes exist even when an appreciable bearing change is evident, particularly when approaching a very large vessel or a tow or when approaching a vessel at close range.

(4) Any action taken to avoid collision shall be taken in accordance with OAR 250-011-0050, 250-011-0060, 250-011-0070 and shall, if the circumstances of the case admit, be positive, made in ample time and with due regard to the observance of good seamanship.

(a) Any alteration of course or speed to avoid collision shall, if the circumstances of the case admit, be large enough to be readily apparent to another vessel observing visually or by radar; a succession of small alterations of course or speed should be avoided.

(b) If there is sufficient sea room, alteration of course alone may be the most effective action to avoid a close-quarters situation provided that it is made in good time, is substantial and does not result in another close-quarters situation.

(c) Action taken to avoid collision with another vessel shall be such as to result in passing at a safe distance. The effectiveness of the action shall be carefully checked until the other vessel is finally past and clear.

(d) If necessary to avoid collision or allow more time to assess the situation, a vessel shall slacken its [speed or take all way off by stopping or reversing its means of propulsion.

(e) A vessel, which, by any of these rules is required not to impede the passage or safe passage of another vessel shall, when required by the circumstances of the case, take early action to allow sufficient sea room for the safe passage of the other vessel.

(A) A vessel required not to impede the passage or safe passage of another vessel is not relieved of this obligation if approaching the other vessel so as to involve risk of collision and shall, when taking action, have full regard to the action which may be required by OAR 250-011-0050, 250-011-0060, and 250-011-0070.

(B) A vessel the passage of which is not to be impeded remains fully obliged to comply with OAR 250-011-050, 250-011-0060, and 250-011-0070 when the two vessels are approaching one another so as to involve risk of collision.

(5) A vessel proceeding along the course of a narrow channel or fairway shall keep as near to the outer limit of the channel or fairway which lies on its starboard side as is safe and practicable:

(a) A vessel of less than 20 meters in length or a sailing vessel shall not impede the passage of a vessel that can safely navigate only within a narrow channel or fairway;

(b) A vessel engaged in fishing shall not impede the passage of any other vessel navigating within a narrow channel or fairway;

(c) A vessel shall not cross a narrow channel or fairway if such crossing impedes the passage of a vessel which can safely navigate only within that channel or fairway. The latter vessel shall use the danger signal prescribed in OAR 250-011-0200(4) if in doubt as to the intention of the crossing vessel;

(d) In a narrow channel or fairway when overtaking, the vessel intending to overtake shall indicate its intention by sounding the appropriate signal prescribed in OAR 250-011-0200(3)(a) and(b), and take steps to permit safe passing. The overtaken vessel, if in agreement, shall sound the same signal. If in doubt it shall sound the danger signal prescribed in OAR 250-011-0200(4). This does not relieve the overtaking vessel of its obligation under OAR 250-011-0060(2);

(e) A vessel nearing a bend or an area of a narrow channel or fairway where other vessel may be obscured by an intervening obstruction shall navigate with particular alertness and caution and shall sound the appropriate signal prescribed in OAR 250-011-0200(5);

(f) Every vessel shall, if the circumstances of the case admit, avoid anchoring in a narrow channel.

(6) Any vessel approaching, overtaking, being approached, or being overtaken by a moving law enforcement vessel operating with a siren or an illuminated flashing blue light, or any vessel approaching a stationary law enforcement vessel displaying an illuminated blue light, shall:

(a) Immediately slow to a speed sufficient to maintain steerage only, shall alter its course, within its ability, so as not to inhibit or interfere with the operation of the law enforcement vessel, and shall proceed, unless otherwise directed by the operator of the law enforcement vessel, at the reduced speed until beyond the area of operation of the law enforcement vessel;

(b) Notwithstanding the operational requirements of section 6 (a) of this rule, vessels shall not be required to operate in a manner that would endanger or be likely to endanger that craft, other nearby watercraft, or other persons or property.

History

Statutory/Other Authority: ORS 830.110 & 830.175
Statutes/Other Implemented: ORS 830.335 & 830.340
OSMB 7-2016, f. 6-30-16, cert. ef. 7-1-16
OSMB 4-2016(Temp), f. & cert. ef. 5-2-16 thru 8-31-16
Renumbered from 250-011-0005, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 4-1993, f. & cert. ef. 3-16-93
MB 14-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-011-0060 Conduct of Vessels in Sight of One Another

(1) When two sailing vessels are approaching one another, so as to involve risk of collision, one of them shall keep out of the way of the other as follows:

(a) When each has the wind on a different side, the vessel which has the wind on the port side shall keep out of the way of the other;

(b) When both have the wind on the same side, the vessel which is to windward shall keep out of the way of the vessel which is to leeward; and

(c) If a vessel with the wind on the port side sees a vessel to windward and cannot determine with certainty whether the other vessel has the wind on the port or on the starboard side, it shall keep out of the way of the other;

(d) For the purpose of this section the windward side shall be deemed to be the side opposite to that on which the mainsail is carried or, in the case of a square-rigged vessel, the side opposite to that on which the largest fore-and-aft sail is carried.

(2) Notwithstanding anything contained in OAR 250-011-0050 through 250-011-0060 any vessel overtaking any other shall keep out of the way of the vessel being overtaken. A vessel shall be deemed to be overtaking when coming up with another vessel from a direction more than 22.5 degrees abaft its beam; that is, in such a position with reference to the vessel it is overtaking, that at night it would be able to see only the sternlight of that vessel but neither of its sidelights. When a vessel is in any doubt as to whether it is overtaking another, it shall assume that this is the case and act accordingly. Any subsequent alteration of the bearing between the two vessels shall not make the overtaking vessel a crossing vessel within the meaning of these rules or relieve it of the duty of keeping clear of the overtaken vessel until it is finally past and clear.

(3) Unless otherwise agreed, when two power-driven vessels are meeting on reciprocal or nearly reciprocal courses so as to involve risk of collision each shall alter its course to starboard so that each shall pass on the port side of the other. Such a situation shall be deemed to exist when a vessel sees the other ahead or nearly ahead and by night it could see the masthead lights of the other in a line or nearly in a line or both sidelights and by day it observes the corresponding aspect of the other vessel. When a vessel is in any doubt as to whether such a situation exists it shall assume that it does exist and act accordingly.

(4) When two power-driven vessels are crossing so as to involve risk of collision, the vessel which has the other on its starboard side shall keep out of the way and shall, if the circumstances of the case admit, avoid crossing ahead of the other vessel.

(5) Every vessel which is directed to keep out of the way of another vessel shall, so far as possible, take early and substantial action to keep well clear.

(6) Where one of two vessels is to keep out of the way, the other shall keep its course and speed:

(a) The latter vessel may, however, take action to avoid collision by its maneuver alone, as soon as it becomes apparent to it that the vessel required to keep out of the way is not taking appropriate action in compliance with these rules;

(b) When, from any cause, the vessel required to keep its course and speed finds itself so close that collision cannot be avoided by the action of the give-way vessel alone, it shall take such action as will best aid to avoid collision. A power-driven vessel which takes action in a crossing situation in accordance with section (7)(a) of this rule to avoid collision with another power-driven vessel shall, if the circumstances of the case admit, not alter course to port for a vessel on its own port side. This rule does not relieve the give-way vessel of its obligation to keep out of the way.

(7) Except where OAR 250-011-0050(5) and section (2) of this rule otherwise require:

(a) A power-driven vessel underway shall keep out of the way of:

(A) A vessel not under command;

(B) A vessel restricted in its ability to maneuver;

(D) A sailing vessel.

(b) A sailing vessel underway shall keep out of the way of:

(A) A vessel not under command;

(B) A vessel restricted in its ability to maneuver; and

(A) A vessel not under command; and

(B) A vessel restricted in its ability to maneuver.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
OSMB 7-2016, f. 6-30-16, cert. ef. 7-1-16
OSMB 4-2016(Temp), f. & cert. ef. 5-2-16 thru 8-31-16
Renumbered from 250-011-0010, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 1-1985, f. & ef. 1-29-85
MB 14-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-011-0070 Conduct of Vessels in Restricted Visibility

Every vessel shall proceed at a safe speed adapted to the prevailing circumstances and conditions of restricted visibility. A power-driven vessel shall have its engines ready for immediate maneuver:

(1) Every vessel shall have due regard to the prevailing circumstances and conditions of restricted visibility when complying with OAR 250-011-0050.

(2) A vessel which detect by radar alone the presence of another vessel shall determine if a close-quarters situation is developing or risk of collision exists. If so, it shall take avoiding action in ample time, provided that when such action consists of an alteration of course, so far as possible the following shall be avoided:

(a) An alteration of course to port for a vessel forward of the beam, other than for a vessel being overtaken; and

(b) An alteration of course toward a vessel abeam or abaft the beam.

(3) Except where it has been determined that a risk of collision does not exist, every vessel which hears, apparently forward of its beam the fog signal of another vessel, or which cannot avoid a close-quarters situation with another vessel forward of its beam, shall reduce its speed to the minimum at which it can be kept on course. The vessel shall, if necessary, take all its way off and, in any event, navigate with extreme caution until danger of collision is over.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.110
Renumbered from 250-011-0015, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 1-1985, f. & ef. 1-29-85
MB 14-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-011-0080 Lights and Shapes; Application

(1) The rules in this section shall be complied with in all weathers.

(2) Light requirements apply from sunset to sunrise, during which time, no other lights shall be exhibited, except for such lights which cannot be mistaken for the lights described in this division, do not impair their visibility, distinctive character, or interfere with the keeping of a proper look-out.

(3) The prescribed lights, shall, if carried, also be exhibited from sunrise to sunset in restricted visibility and may be exhibited in all other circumstances when it is deemed necessary.

(4) The rules concerning shapes shall be complied with by day.

(5) A vessel’s navigation lights and shapes may be lowered if necessary to pass under a bridge.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.250
Statutes/Other Implemented: ORS 830.225
Renumbered from 250-012-0005, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 16-1992, f. & cert. ef. 11-24-92
MB 15-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-011-0090 Visibility of Lights

(1) Vessel lights as prescribed herein shall have visible intensity.

(2) In a vessel of 50 meters or more in length:

(a) A masthead light, six miles;

(b) A sidelight, three miles;

(d) A towing light, three miles;

(e) A white, red, green or yellow all-round light, three miles; and a special flashing light, two miles.

(3) In a vessel of 12 meters or more in length but less that 50 meters in length:

(a) A masthead light, five miles; except that where the length of the vessel is less than 20 meters, three miles;

(b) A sidelight, two miles;

(d) A towing light, two miles;

(e) A white, red, green or yellow all-round light, two miles; and a special flashing light, two miles.

(4) In a vessel of less than 12 meters in length:

(a) A masthead light, two miles;

(b) A sidelight, one mile;

(d) A towing light, two miles;

(e) A white, red, green or yellow all-round light, two miles; and a special flashing light, two miles.

(5) In an inconspicuous, partly submerged vessel or object being towed, a white all-round light, three miles.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.225
Renumbered from 250-012-0003, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 15-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-011-0100 Power-driven Vessels Underway

(1) A power-driven vessel underway shall exhibit:

(a) A masthead light forward; except that a vessel of less than 20 meters in length need not exhibit this light forward of amidships but shall exhibit it as far forward as is practicable;

(b) A second masthead light abaft of and higher than the forward one; except that a vessel of less than 50 meters in length shall not be obliged to exhibit such light but may do so;

(d) A sternlight.

(2) An air-cushion vessel when operating in the non-displacement mode shall, in addition to the lights prescribed in section (1) of this rule, exhibit an all-round flashing yellow light where it can best be seen.

(3) A WIG craft only when taking off, landing and in flight near the surface shall, in addition to the lights prescribed in section (1) of this rule, exhibit a high intensity all-round flashing red light.

(4) A power-driven vessel of less than 12 meters in length may, in lieu of the lights prescribed in section (1) of this rule, exhibit an all-round white light and sidelights.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.225 & ORS 830.250
Renumbered from 250-012-0010, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 15-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-011-0110 Towing and Pushing

(1) A power-driven vessel when towing astern shall exhibit:

(a) Instead of the light prescribed either in OAR 250-011-0100(1)(a) or (b) two masthead lights in a vertical line. When the length of the tow, measuring from the stern of the towing vessel to the after end of the tow exceeds 200 meters, three such lights in a vertical line;

(b) Sidelights;

(d) A towing light in a vertical line above the sternlight; and

(e) When the length of the tow exceeds 200 meters, a diamond shape where it can best be seen.

(2) When a pushing vessel and a vessel being pushed ahead are rigidly connected in a composite unit they shall be regarded as a power-driven vessel and exhibit the lights prescribed in OAR 250-011-0100.

(3) A power-driven vessel when pushing ahead or towing alongside, except as required by sections (2) and (9) of this rule, shall exhibit:

(a) Instead of the light prescribed either in OAR 250-011-0100(1)(a) or (b), two masthead lights in a vertical line;

(b) Sidelights; and

(4) A power-driven vessel to which sections (1) and (3) of this rule apply shall also comply with OAR 250-011-0100(1)(a) or (b).

(5) A vessel or object other than those referred to in section (7) of this rule being towed shall exhibit:

(a) Sidelights;

(b) A sternlight; and

(6) Provided that any number of vessels being towed alongside or pushed in a group shall be lighted as one vessel, except as provided in section 6(c) of this rule:

(a) A vessel being pushed ahead, not being part of a composite unit, shall exhibit at the forward end sidelights, and a special flashing light; and

(b) A vessel being towed alongside shall exhibit a sternlight and at the forward end sidelights

(c) When vessels are towed alongside on both sides of the towing vessel, a sternlight shall be exhibited on the stern of the outboard vessel on each side of the towing vessel, and a single set of sidelights as far forward and as far outboard as is practicable, and a single special flashing light.

(7) An inconspicuous, partly, submerged vessel or object being towed shall exhibit:

(a) If it is less than 25 meters in breadth, one all-round white light at or near each end;

(b) If it is 25 meters or more in breadth, four all-round white lights to mark its length and breadth;

(c) If it exceeds 100 meters in length, additional all-round white lights between the lights prescribed in sections (7)(a) and (b) of this rule so that the distance between the lights shall not exceed 100 meters: Provided, that any vessels or objects being towed alongside each other shall be lighted as one vessel or object;

(d) A diamond shape at or near the aftermost extremity of the last vessel or object being towed; and

(e) The towing vessel may direct a searchlight in the direction of the tow to indicate its presence to an approaching vessel.

(8) Where from any sufficient cause it is impracticable for a vessel or object being towed to exhibit the lights prescribed in sections (5) and (7) of this rule, all possible measures shall be taken to light the vessel or object towed or at least to indicate the presence of the unlighted vessel or object.

(9) Notwithstanding section (3) of this rule, on the Western Rivers and on waters specified by the U.S. Secretary of Transportation, a power-driven vessel when pushing ahead or towing alongside, except as section (2) of this rule applies, shall exhibit:

(a) Sidelights; and

(b) Two towing lights in a vertical line.

(10) Where from any sufficient cause it is impracticable for a vessel not normally engaged in towing operations to display the lights prescribed by sections (1), (3) and (9) of this rule, such vessel shall not be required to exhibit those lights when engaged in towing another vessel in distress or otherwise in need of assistance. All possible measures shall be taken to indicate the nature of the relationship between the towing vessel and the vessel being assisted. The searchlight authorized in OAR 250-011-0230 may be used to illuminate the tow.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.250
Statutes/Other Implemented: ORS 830.250
Renumbered from 250-012-0015, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 16-1992, f. & cert. ef. 11-24-92
MB 15-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-011-0120 Sailing Vessels Underway and Vessels Manually Propelled

(1) A sailing vessel underway shall exhibit:

(a) Sidelights; and

(b) A sternlight.

(2) In a sailing vessel of less than 20 meters in length the lights prescribed in section (1) of this rule may be combined in one lantern carried at or near the top of the mast where it can best be seen.

(3) A sailing vessel underway may, in addition to the lights prescribed in section (1) of this rule, exhibit at or near the top of the mast, where they can best be seen, two all-round lights in a vertical line, the upper being red and the lower green, but these lights shall not be exhibited in conjunction with the combined lantern permitted by section (2) of this rule.

(4)(a) A sailing vessel of less than seven meters in length shall, if practicable, exhibit the lights prescribed in section (1) or (2) of this rule, but if it does not, the vessel shall exhibit an all-round white light or have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision;

(b) A vessel under oars may exhibit the lights prescribed in this rule for sailing vessels, but if it does not, the vessel shall exhibit an all-round white light or have ready at hand an electric torch or lighted lantern showing a white light which shall be exhibited in sufficient time to prevent collision.

(5) A vessel proceeding under sail when also being propelled by machinery shall exhibit forward where it can best be seen a conical shape, apex downward. A vessel of less than 12 meters in length is not required to exhibit this shape, but may do so.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.250
Renumbered from 250-012-0020, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 15-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-011-0130 Fishing Vessels

(1) A vessel engaged in fishing, whether underway or at anchor, shall exhibit only the lights and shapes prescribed in this rule.

(2) A vessel when engaged in trawling, by which is meant the dragging through the water of a dredge net or other apparatus used as a fishing appliance, shall exhibit:

(a) Two all-round lights in a vertical line, the upper being green and the lower white, or a shape consisting of two cones with their apexes together in a vertical line one above the other; a vessel of less than 20 meters in length may instead of this shape exhibit a basket;

(b) A masthead light abaft of and higher than the all-round green light; a vessel of less than 50 meters in length shall not be obliged to exhibit such a light but may do so; and

(c) When making way through the water, in addition to the lights prescribed in this paragraph, sidelights and a sternlight.

(3) A vessel engaged in fishing, other than trawling, shall exhibit:

(a) Two all-round lights in a vertical line, the upper being red and the lower white, or a shape consisting of two cones with apexes together in a vertical line one above the other; a vessel of less than 20 meters in length may instead of this shape exhibit a basket;

(b) When there is outlying gear extending more than 150 meters horizontally from the vessel, an all-round white light or a cone apex upward in the direction of the gear; and

(c) When making way through the water, in addition to the lights prescribed in this section, sidelights and a sternlight.

(4) A trawler or purse seiner engaged in fishing in close proximity to other vessels engaged in fishing may exhibit such additional signals as may be promulgated by the U.S. Secretary of Transportation.

(5) A vessel when not engaged in fishing shall not exhibit the lights or shapes prescribed in this rule, but only those prescribed for a vessel of its length.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.250
Renumbered from 250-012-0025, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 15-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-011-0140 Vessels Not Under Command or Restricted in Their Ability to Maneuver

(1) A vessel not under command shall exhibit:

(a) Two all-round red lights in a vertical line where they can best be seen;

(b) Two balls or similar shapes in a vertical line where they can best be seen; and

(c) When making way through the water, in addition to the lights prescribed in this section, sidelights and a sternlight.

(2) A vessel restricted in its ability to maneuver, except a vessel engaged in mine-sweeping operations, shall exhibit:

(a) Three all-round lights in a vertical line where they can best be seen. The highest and lowest of these lights shall be red and the middle light shall be white;

(b) Three shapes in a vertical line where they can best be seen. The highest and lowest of these shapes shall be balls and the middle one a diamond;

(c) When making way through the water, masthead lights, sidelights and a sternlight, in addition to the lights prescribed in section, (2)(a) of this rule; and

(d) When at anchor, in addition to the lights or shapes prescribed in sections, (2)(a) and (b) of this rule, the light, lights or shapes prescribed in OAR 250-011-0160.

(3) A vessel engaged in a towing operation which severely restricts the towing vessel and its tow in their ability to deviate from their course shall, in addition to the lights or shapes prescribed in in sections, (2)(a) and (b) of this rule, exhibit the lights or shape prescribed in OAR 250-011-0110.

(4) A vessel engaged in dredging or underwater operations, when restricted in its ability to maneuver, shall exhibit the lights and shapes prescribed in sections, (2)(a), (b), and (c) of this rule and shall in addition, when an obstruction exists, exhibit:

(a) Two all-round red lights or two balls in a vertical line to indicate the side on which the obstruction exists;

(b) Two all-round green lights or two diamonds in a vertical line to indicate the side on which another vessel may pass; and

(c) When at anchor, the lights or shape prescribed by this section, instead of the lights or shapes prescribed in OAR 250-011-0160 for anchored vessels.

(d) Dredge pipelines that are floating or supported on trestles shall display the following lights at night and in periods of restricted visibility:

(A) One row of yellow lights. The lights must be: Flashing 50 to 70 times per minute, visible all around the horizon, visible for at least 2 miles, not less than 1 and not more than 3.5 meters above the water, approximately equally spaced, and not more than 10 meters apart where the pipeline crosses a navigable channel. Where the pipeline does not cross a navigable channel the lights must be sufficient in number to clearly show the pipeline’s length and course.

(B) Two red lights on each end of the pipeline, including the ends in a channel where the pipeline is separated to allow vessels to pass (whether open or closed). The lights must be: Visible for all around the horizon, visible for at least 2 miles, and one meter apart in a vertical line with the lower light at the same height above the water as the flashing yellow light.

(5) Whenever the size of a vessel engaged in diving operations makes it impracticable to exhibit all lights and shapes prescribed in section (4) of this rule, the following shall instead be exhibited:

(a) Three all-round lights in a vertical line where they can best be seen. The highest and lowest of these lights shall be red and the middle light shall be white;

(b) A rigid replica of the international code flag "A" not less than one meter in height. Measures shall be taken to insure its all-round visibility.

(6) A vessel engaged in minesweeping operations shall, in addition to the lights prescribed for a power-driven vessel in OAR 250-011-0100, exhibit three all-round green lights or three balls. One of these lights or shapes shall be exhibited near the foremast head and one at each end of the fore yard. These lights or shapes indicate that it is dangerous for another vessel to approach closer than 1,000 meters a stern or 500 meters on either side of the minesweeper.

(7) A vessel of less than 12 meters in length, except when engaged in diving operations, is not required to exhibit the lights or shapes prescribed in this rule.

(8) The signals prescribed in this rule are not signals of vessels in distress and requiring assistance.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.250
Renumbered from 250-012-0030, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 15-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-011-0150 Pilot Vessels

(1) A vessel engaged on pilotage duty shall exhibit:

(a) At or near the masthead, two all-round lights in a vertical line, the upper being white and the lower red;

(b) When underway, in addition, sidelights and a sternlight; and

(c) When at anchor, in addition to the lights prescribed in section (1)(a) of this rule, the anchor light, lights, or shape prescribed in OAR 250-011-0160 for anchored vessels.

(2) A pilot vessel when not engaged on pilotage duty shall exhibit the lights or shapes prescribed for a vessel of its length.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.250
Renumbered from 250-012-0035, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 15-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-011-0160 Anchored Vessels and Vessels Aground

(1) A vessel at anchor shall exhibit where it can best be seen:

(a) In the fore part, an all-round white light or one ball; and

(b) At or near the stern and at a lower level than the light prescribed in section (1)(a) of this rule, an all-round white light.

(2) A vessel of less than 50 meters in length may exhibit an all-round white light where it can best be seen instead of the lights prescribed in section (1) of this rule.

(3) A vessel at anchor may, and a vessel of 100 meters or more in length shall, also use the available working or equivalent lights to illuminate its [decks.

(4) A vessel aground shall exhibit the lights prescribed in section (1) or (2) of this rule and in addition, if practicable, where they can best be seen:

(a) Two all-round red lights in a vertical line; and

(b) Three balls in a vertical line.

(5) A vessel of less than seven meters in length, when at anchor, not in or near a narrow channel, fairway, anchorage, or where other vessels normally navigate, shall not be required to exhibit the lights or shape prescribed in sections (1) and (2) of this rule.

(6) A vessel of less than 12 meters in length when aground shall not be required to exhibit the lights or shapes prescribed in sections (4)(a) and (b) of this rule.

(7) A vessel of less than 20 meters in length, when at anchor in a special anchorage area designated by the United States Secretary of Transportation, shall not be required to exhibit the anchor lights and shapes required by this rule.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.250
Renumbered from 250-012-0040, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 15-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-011-0170 Law Enforcement Vessels

(1) Law enforcement vessels may display a flashing blue light when engaged in direct law enforcement or public safety activities. This light must be located so that it does not interfere with the visibility of the vessel's navigation lights.

(2) The blue light described in this section may be displayed only by law enforcement vessels of the United States, Oregon and its political subdivisions.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.250
Statutes/Other Implemented: ORS 830.035
Renumbered from 250-012-0045, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 16-1992, f. & cert. ef. 11-24-92

Or. Admin. R. 250-011-0180 Public Safety Activities

(1) Vessels engaged in government sanctioned public safety activities, and commercial vessels performing similar functions, may display an alternately flashing red and yellow light signal. This identification light signal must be located so that it does not interfere with the visibility of the vessel's navigation lights. The identification light signal may be used only as an identification signal and conveys no special privilege. Vessels using the identification light signal during public safety activities must abide by the Inland Navigation Rules and OAR Chapter 250, Division 11, and must not presume that the light or the exigency gives them precedence or right of way.

(2) Public safety activities include but are not limited to patrolling marine parades, regattas, or special water celebrations; traffic control; salvage; firefighting; medical assistance; assisting disabled vessels; and search and rescue.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.250
Statutes/Other Implemented: ORS 830.035
Renumbered from 250-012-0050, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 16-1992, f. & cert. ef. 11-24-92

Or. Admin. R. 250-011-0190 Equipment for Sound Signals

(1) A vessel of 12 meters or more in length shall be provided with a whistle, a vessel of 20 meters or more in length shall be provided with a bell in addition to a whistle, and a vessel of 100 meters or more in length shall, in addition, be provided with a gong, the tone and sound of which cannot be confused with that of the bell. The whistle, bell and gong shall comply with current U.S. Coast Guard specifications. The bell or gong or both may be replaced by other equipment having the same respective sound characteristics, provided that manual sounding of the prescribed signals shall always be possible.

(2) A vessel of less than 12 meters in length shall not be obliged to carry the sound signaling appliances prescribed in section (1) of this rule but if it does not, the vessel shall be provided with some other means of making an efficient sound signal.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.230
Renumbered from 250-013-0005, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 15-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-011-0200 Maneuvering and Warning Signals

(1) When power-driven vessels are in sight of one another and meeting or crossing at a distance within half a mile of each other, each vessel underway, when maneuvering as authorized or required by these rules:

(a) Shall indicate that maneuver by the following signals on its whistle: one short blast to mean "I intend to leave you on my port side"; two short blasts to mean "I intend to leave you on my starboard side"; and three short blasts to mean "I am operating astern propulsion";

(b) Upon hearing the one or two blast signal the other shall, if in agreement, sound the same whistle signal and take the steps necessary to effect a safe passing. If, however, from any cause, the vessel doubts the safety of the proposed maneuver, it shall sound the danger signal specified in section (4) of this rule and each vessel shall take appropriate precautionary action until a safe passing agreement is made.

(2) A vessel may supplement the whistle signals prescribed in section (1) of this rule by light signals:

(a) These signals shall have the following significance: one flash to mean "I intend to leave you on my port side"; two flashes to mean "I intend to leave you on my starboard side"; three flashes to mean "I am operating astern propulsion";

(b) The duration of each flash shall be about one second; and

(c) The light used for this signal shall, if fitted, be one all-round white or yellow light, visible at a minimum range of two miles, synchronized with the whistle, and shall comply with current U.S. Coast Guard specifications.

(3) When in sight of one another:

(a) A power-driven vessel intending to overtake another power-driven vessel shall indicate its intention by the following signals on its whistle: one short blast to mean "I intend to overtake you on your starboard side"; two short blasts to mean "I intend to overtake you on your port side"; and

(b) The power-driven vessel about to be overtaken shall, if in agreement, sound a similar sound signal. If in doubt it shall sound the danger signal prescribed in section (4) of this rule.

(4) When vessels in sight of one another are approaching each other and from any cause either vessel fails to understand the intentions or actions of the other, or is in doubt whether sufficient action is being taken by the other to avoid collision, the vessel in doubt shall immediately indicate such doubt by giving at least five short and rapid blasts on the whistle. This signal may be supplemented by a light signal of at least five short and rapid flashes.

(5) A vessel nearing a bend or an area of a channel or fairway where other vessels may be obscured by an intervening obstruction shall sound one prolonged blast. This signal shall be answered with a prolonged blast by an approaching vessel that may be within hearing around the bend or behind the intervening obstruction.

(6) If whistles are fitted on a vessel at a distance apart of more than 100 meters, one whistle only shall be used for giving maneuvering and warning signals.

(7) When a power-driven vessel is leaving a dock or berth, it shall sound one prolonged blast

(8) A vessel that reaches agreement with another vessel in a meeting, crossing, or overtaking situation by using the radiotelephone as prescribed by the Federal Bridge-to-Bridge Radio-Telephone Act (85 Stat. 165; 33 U.S.C. 1207), is not obliged to sound the whistle signals prescribed by this rule, but may do so. If agreement is not reached, then whistle signals shall be exchanged in a timely manner and shall prevail.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.230 & ORS 830.250
Renumbered from 250-013-0010, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 15-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-011-0220 Sound Signals in Restricted Visibility

In or near an area of restricted visibility, whether by day or night, the signals prescribed in this rule shall be used as follows:

(1) A power-driven vessel making way through the water shall sound at intervals of not more than two minutes one prolonged blast.

(2) A power-driven vessel underway but stopped and making no way through the water shall sound at intervals of not more than two minutes two prolonged blasts in succession with an interval of about two seconds between them.

(3) A vessel not under command; a vessel restricted in its ability to maneuver, whether underway or at anchor; a sailing vessel; a vessel engaged in fishing, whether underway or at anchor; and a vessel engaged in towing or pushing another vessel shall, instead of the signals prescribed in section (1) or (2) of this rule, sound at intervals of not more than two minutes, three blasts in succession; namely, one prolonged followed by two short blasts.

(4) A vessel towed or if more than one vessel is towed the last vessel of the tow, if manned, shall at intervals of not more than two minutes sound four blasts in succession; namely, one prolonged followed by three short blasts. When practicable, this signal shall be made immediately after the signal made by the towing vessel.

(5) When a pushing vessel and a vessel being pushed ahead are rigidly connected in a composite unit they shall be regarded as a power-driven vessel and shall give the signals prescribed in section (1) or (2) of this rule.

(6) A vessel at anchor shall at intervals of not more than one minute ring the bell rapidly for about five seconds. In a vessel of 100 meters or more in length the bell shall be sounded in the forepart of the vessel and immediately after the ringing of the bell the gong shall be sounded rapidly for about five seconds in the after part of the vessel. A vessel at anchor may in addition sound three blasts in succession; namely, one short, one prolonged and one short blast, to give warning of its position and of the possibility of collision to an approaching vessel.

(7) A vessel aground shall give the bell signal and if required the gong signal prescribed in section (6) of this rule and shall, in addition, give three separate and distinct strokes on the bell immediately before and after the rapid ringing of the bell. A vessel aground may in addition sound an appropriate whistle signal.

(8) A vessel of less than 12 meters in length shall not be obliged to give the above-mentioned signals but, if it does not, shall make some other efficient sound signals at intervals of not more than two minutes.

(9) A pilot vessel when engaged on pilotage duty may in addition to the signals prescribed in section (1), (2) or (6) of this rule sound an identity signal consisting of four short blasts.

(10) The following vessels shall not be required to sound signals as prescribed in section (6) of this rule when anchored in a special anchorage area designated by the United States Secretary of Transportation:

(a) A vessel of less than 20 meters in length; and

(b) A barge, canal boat, scow, or other nondescript craft.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.230
Renumbered from 250-013-0015, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 15-1983, f. 11-29-83, ef. 12-1-83

Or. Admin. R. 250-011-0230 Signals to Attract Attention

If necessary to attract the attention of another vessel, any vessel may make light or sound signals that cannot be mistaken for any signal authorized elsewhere in this division, or may direct the beam of its searchlight in the direction of the danger, in such a way as not to embarrass any vessel.

History

Statutory/Other Authority: ORS 830
Statutes/Other Implemented: ORS 830.225, ORS 830.230 & ORS 830.250
Renumbered from 250-013-0020, OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
MB 15-1983, f. 11-29-83, ef. 12-1-83

Division 14 MARINE FACILITY PROGRAM RULES

Or. Admin. R. 250-014-0001 Definitions

For the purposes of this chapter, the following definitions shall apply:

(1) "Annual Maintenance" means routine maintenance and operation activities performed by the participant during the one-year allocation period.

(2) "Biennium" means the 24-month period beginning July 1 of each odd numbered year and ending June 30 of the next odd numbered year.

(3) "Board" means the State Marine Board.

(4) "Boarding Float" means a floating structure on or adjacent to a launch ramp that provides temporary short term use for loading or off- loading from a boat. Floats are normally 6 to 8 feet wide.

(5) "Boating Facility Grant Program" means the program authorized by ORS 830.150. Funds are available for the acquisition, development and rehabilitation of public boating facilities available to, and ordinarily used by, motorized boats.

(6) "Boating Infrastructure Grants Program" (BIG) means the federal program authorized by 50 CFR Part 80 and ORS 830.150. Funds are available for the development and rehabilitation of non-home port transient tie-up facilities at public and private facilities used principally by non-trailered recreational boats.

(7) "Clean Vessel Act (CVA) Grant Program" means the federal program authorized by 50 CFR Part 85 and ORS 830.150. Clean Vessel Act grants can be used to develop, refurbish, or maintain floating restrooms and vessel waste collection systems ordinarily used by recreational boats at public and private boating facilities.

(8) "Director" means the State Marine Board Director.

(9) "Fiscal Year" means the twelve-month period beginning July 1 of any year and ending June 30 of the next year.

(10) "Floating Restroom" means a floating structure moored in open water that is not connected to shore and provides toilet facilities to boaters.

(11) “Grant Procedure Guide” means the document containing grant program policies, grant application forms, sample cooperative agreements, project prioritization and scoring criteria, and general applicant guidance that is developed and maintained by the Board.

(12) “Grounds" includes the area at or immediately adjacent to an improved boating facility where garbage pickup and maintenance of turf, vegetation, trees/shrubs, bank stabilization and small picnic areas occurs.

(13) "Improved Public Boating Facility" means developed public facilities with hard surface launch ramps, boarding floats, parking areas, access roads, restrooms, grounds, transient tie-up floats or vessel waste collection facilities.

(14) "Launch Ramp" is an inclined hard surface consisting of asphalt or concrete used to launch and retrieve boats. A launch ramp consists of one or more launch lanes. Each launch lane is normally 15 to 20 feet wide.

(15) "Maintenance Assistance Grant Program" means funding assistance to eligible public participants for the routine maintenance and operations of improved public boating facilities.

(16) "Mixed Use Site" means a boating facility where annual use is mixed (31%-69%) between motorized (or registered) and non-motorized (or non-registered boats).

(17) "Motorized Use Site" means a boating facility where annual use by motorized (or registered) boats is 70% or more of all boat use.

(18) "Non-Motorized Use Site" means a boating facility where the annual use by motorized (or registered) boats is 30% or less of all boat use.

(19) "Off-Season" means the six-month period of lowest motorized (or registered) boat use generally the period from October 15 to April 15.

(20) "Parking Area" means a developed gravel or asphalt surface with a least six boat trailer spaces (10' x 40') and two single car spaces (10' x 20') associated with a launch ramp. This includes any required accessible parking spaces.

(21) “Participant” means any public or private party that qualifies to receive funds from the Boating Facility Grant Program or Maintenance Assistance Program and voluntarily participates in either program.

(22) "Peak Season" means the three month period of heaviest boat use generally the period from June 1 to August 31.

(23) "Public Boating Facility Grant Project" means a project to develop, improve, rehabilitate or replace public boating facilities or to acquire property for the development of an improved boating facility.

(24) "Private Boating Facility Grant Project" means a project to develop, improve, rehabilitate or replace private marina facility vessel waste collection systems and transient tie-up facilities that are available/open for public use.

(25) "Public Boating Facility" or "Public Marine Facility" means public launch ramps, parking, boarding floats, transient tie-up facilities, restrooms, access roads, floating restrooms, vessel waste collection systems, signing and water markers, potable water systems and related facilities for the use and convenience of the boating public.

(26) "Private Marine Facility" or "Private Marina Facility" means private facilities that have the capability to provide vessel waste collection systems or transient tie-up facilities that are open and available for public use.

(27) "Public Project Sponsor," "Eligible Public Participants," or "Public Entity" means cities, counties, park and recreation districts, port districts and state or federal agencies that own and or operate public boating facilities as specified in these rules.

(28) "Private Project Sponsor," "Eligible Private Participants," or "Private Entity" means any individual firm, corporation, association, partnership, consortium, joint venture, industry, or any other nonpublic entity that operates a marina facility as specified in these rules.

(29) "Restroom" means all types of landside facilities used to collect human waste to include flush, vault, composting and portable toilets. A restroom may include one or more stalls (urinal or toilet).

(30) "Routine Maintenance" means all types of ordinary maintenance activities completed on a regular basis (daily, weekly or monthly).

(31) "Shoulder Season" means the three month period of moderate boat use generally the period from April 15 to May 31 and September 1 to October 15.

(32) "Transient Tie-Up" means a floating structure at least 100 feet in length used for short term boat tie-up and broadside tie-up or space for mooring at least six non-trailered boats. Transient tie-up does not include tenant based moorage or facilities that allow stays longer than ten consecutive days.

(33) "Use Fee" means any form of user fee charged to boaters for access or use of a boating facility. This includes day use, launch, parking, tie-up or any other general entrance or use fee.

(34) "Vessel Waste Collection System" means all types of stationary or portable systems that pump or remove human waste from a recreational boat holding tank or portable potties. This includes pumpouts, dump stations, related forward sewage lift stations, necessary floats, piles, and gangways, and related facilities.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.150
Statutes/Other Implemented: ORS 830.150
OSMB 4-2021, amend filed 04/26/2021, effective 05/01/2021
OSMB 8-2020, amend filed 05/21/2020, effective 06/01/2020
OSMB 7-2013, f. 10-28-13, cert. ef. 1-1-14
OSMB 6-2012, f. 4-20-12, cert. ef 5-1-12
OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07
OSMB 8-2001, f. & cert. ef. 7-30-01
OSMB 6-1998, f. & cert. ef. 4-15-98
MB 8-1995, f. & cert. ef. 11-6-95
MB 7-1992, f. & cert. ef. 5-15-92
MB 12-1987, f. & ef. 6-15-87
MB 11-1987, f. 5-20-87, ef. 6-1-87
MB 18-1985, f. & ef. 10-21-85

Or. Admin. R. 250-014-0002 Eligibility

(1) The Boating Facility Grant Program is available to eligible public project sponsors.

(2) The Clean Vessel Act and Boating Infrastructure Grant programs are available to eligible public and private project sponsors.

(3) The Maintenance Assistance Program is available to eligible public project sponsors excluding federal agencies.

History

Statutory/Other Authority: ORS 830.110 & 830.150
Statutes/Other Implemented: ORS 830.150
OSMB 7-2013, f. 10-28-13, cert. ef. 1-1-14
OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07
OSMB 8-2001, f. & cert. ef. 7-30-01
OSMB 6-1998, f. & cert. ef. 4-15-98
MB 8-1995, f. & cert. ef. 11-6-95
MB 7-1992, f. & cert. ef. 5-15-92
MB 12-1987, f. & ef. 6-15-87
MB 11-1987, f. 5-20-87, ef. 6-1-87
MB 18-1985, f. & ef. 10-21-85

Or. Admin. R. 250-014-0003 Boating Facility Grant Program

(1) Program Description:

(a) The Board is authorized by ORS 830.150(2)(a) to provide funds for the construction, rehabilitation, and replacement of boating facilities. The program can provide for the acquisition of property and related development projects such as ramps, parking, potable water, sanitation, docks, and other facilities for the convenience and safety of recreational boaters. The Board may adopt other policies, guidelines, and procedure manuals as necessary to implement these rules. The funds are available to eligible participants on a full grant or matching basis. Applicants are strongly encouraged to provide some form of matching funds. This will enhance a project's potential for funding. The applicant's match may be a hard match of cash or a soft match of "in-kind" materials or services such as project administration, design, engineering, force-account labor and permit fees specifically related to the Boating Facility Grant as set forth in the Procedure Guide. Eligible permit fees include application fees for US Army Corps of Engineers and Department of State Lands section 404 and section 10 permits, other state and local government permit fees required for construction or other activities associated with the grant, but not system development charges, impact fees, and general government overhead charges, or waterway leases and licenses associated with ownership of property.

(b) In granting funds, ORS 830.150(2)(a), requires the Board to give first priority to applications for facilities designed to control water pollution or otherwise enhance water quality, including but not limited to, pumping stations for recreational boat holding tanks, and to those other facilities for which there appears the greatest public need. Funds may also be granted for removal of obsolete and abandoned dock or mooring facilities, if these constitute a boating or navigational hazard.

(A) Cities;

(B) Counties;

(D) Port Districts;

(E) State Agencies; and

(F) Federal Agency participants such as U.S. Forest Service, Bureau of Land Management and the Corps of Engineers.

(d) Prior to issuing any grant, the Board shall hold a public hearing in the area where a facility is to be constructed or land acquired if, in the judgment of the Board, use of the facility would stimulate significant change in the character of the recreational use of the waters.

(e) Cities, counties, park and recreation districts, port districts, and state or federal agencies that have developed long-range plans for development of boating facilities are encouraged to file a copy with the State Marine Board.

(2) Procedures:

(a) Pre-Application: Prior to submitting an application for a Marine Board boating facility grant, the applicant should contact the Marine Board for a pre-application conference to discuss the proposed project. This will provide applicants with an opportunity to ask any questions regarding the grant program, and will permit the Marine Board staff to assist the applicant in the early planning stages of a project. Requests for application forms, guidance, and assistance may be obtained from: Boating Facilities Section, Oregon State Marine Board.

(b) Application: When an applicant for a grant has completed the planning phase, application shall be made to the Board on such forms as described in the Procedure Guide. A complete application must include the following enclosures:

(A) Completed original application form.

(B) A resolution or statement from the governing body authorizing the project.

(C) Certification from the local city or county planning agency that the project is in compliance with local comprehensive plans and zoning ordinances or not subject to local plans and ordinances.

(D) The following supporting documents must be submitted:

(i) Location map of the city or county, showing geographic reference location of the project.

(ii) A vicinity map showing the entire facility, boundaries, geographical features and land use adjacent to the project.

(iii) A site plan showing the area to be developed with this grant. All items should be clearly labeled on the plan as existing or proposed development. The plan should show appropriate dimensions to scale.

(iv) Photographs of the existing project site. These should be sufficient to show major site features and any special characteristics. (An aerial photo is desirable if available).

(v) A preliminary cost estimate, with calculations and quantities, including all proposed facilities and work tasks. Where marine facilities are only a portion of the total project cost, indicate the boating related facilities to be developed with Marine Board funds.

(vi) Preliminary Plans of all proposed structures, including a plan view (top) and elevation view (side) of each proposed structure.

(vii) Third Party Agreements including copies of leases, special use permits, or intergovernmental agreements if the applicant manages but does not own the project site. If applicable, a cooperative agreement between the eligible applicant and a third party participant outlining scope and nature of the project should be included.

(viii) A description and chronology of notice given to the public of the application or proposed project and the opportunities for public input and the comments received.

(E) If lands are to be acquired, complete information pertaining to description, present ownership, appraised value, etc. is required.

(F) For all applications, a brief Environmental Checklist describing the anticipated environmental impacts of the project is required.

(G) For certain projects, various regulatory permits, leases, licenses, certifications, and plan reviews must be obtained. It is the responsibility of the applicant to secure the necessary clearances prior to implementing any project. The applicant shall indicate to the Board the status of any such permits, etc., as part of its application.

(H) The Board will not consider incomplete applications.

(c) Notice to Applicants: Following Board consideration, the applicant shall be advised in writing of the Board's decision. If a denial is made based on the protection of water quality, specific notice shall be provided indicating the point or points of the plan which are inadequate ORS 830.150(4).

(d) Approval of Boating Facility Grant: In order to approve a Boating Facility Grant, the Board shall assure that the project complies with the statewide planning goals and is compatible with applicable acknowledged comprehensive plans by following the procedures set out in the Board's state agency coordination program adopted pursuant to ORS 197.180.

(e) Approved Boating Facility Grants: Following Board approval of a Boating Facility Grant, a special cooperative agreement shall be entered into between the applicant and the Board. This agreement shall describe the responsibilities of both participants. Failure by the applicant to execute the grant agreement within 90 calendar days of project approval by the Board may result in the cancellation of the Boating Facility Grant.

(f) Completion and Final Reimbursement: Upon completion of the project, the sponsor shall notify the Board. A final billing with cost documentation shall be provided to the Board. After a satisfactory review of billing documents and final inspection by Marine Board staff, final reimbursement will be authorized.

(g) Boating Facilities Grant Procedure Guide: The Procedure Guide, adopted by the Board shall set forth policies, application form, billing form and sample cooperative agreement for use by all eligible participants.

(h) Boating Facility Grant Availability: Boating Facility Grants are available each biennial period as prescribed by the Board. Large projects may be phased in over a period of years or bienniums to maximize leverage, distribution and availability of funds. Notice of grant fund availability will be given once to all interested applicants on or about February 15 for the ensuing new biennial period.

(3) Priorities:

(a) The Board shall provide grants for boating facilities as the need for facilities appear to the Board as authorized by ORS 830.150(1).

(b) Since funding for the program is derived from boat registration fees and state motorboat gas tax, the highest priorities will go to projects that serve registered motorboats and sailboats.

(c) When applications for grants exceed funds available, the Marine Board will, pursuant to ORS 830.150(2), consider the results of the Boating Survey conducted in accordance with ORS 830.115 in determining areas of greatest need. The Statewide Six Year Boating Facilities Plan, prepared under ORS 830.110(6), with input from cities, counties, park districts, port districts, state and federal agencies, shall also be used to guide the allocation of funds to priority needs.

(d) The Board in its Procedure Guide shall prescribe specific ranking criteria for grant applications. The Board may convene an advisory committee to assist in the review grant project requests.

(4) Policies:

(a) It is the policy of the Board to encourage applicants to make use of matching funds. As a part of this policy, applicants will be encouraged to seek other sources of matching monies or provide some form of local matching contribution. This local matching contribution may be a "hard" match of cash and a "soft" match of "in-kind" materials or services such as project administration, design, engineering, force account labor, and permit fees specifically related to the Boating Facility Grant. The Board recognizes that, in some instances, this local matching contribution may be beyond the applicant's capabilities. In such cases, the Board may provide a grant covering the full eligible costs. The availability of matching funds or local participation, while not the primary factor in considering a grant application will be examined as one aspect of the project in the decision-making process. The Board in its Procedure Guides shall develop a general policy on applicant matching funds.

(b) Grants will be limited to actual certified expenditures for materials, equipment, labor, and services directly related to construction. Applicants are encouraged to supply "in-house" administration, labor, equipment and services as a form of match to the Marine Board grant. "In-kind" participation shall be documented to the maximum extent possible.

(c) The Board requires project sponsors to place a credit sign at facilities developed with a Marine Board grant. This sign shall indicate that the facility was developed with assistance from the Marine Board. The credit sign shall also recognize grant funding received through the U.S. Fish & Wildlife Services Clean Vessel Act, Boating Infrastructure, or Sport Fish Restoration programs, or other funding sources as appropriate. The cost of design, fabrication and installation is an eligible cost and may be included in the construction contract. The sponsor shall place the required sign in a suitable location at the facility.

(d) In determining approval of the grants, the Board will give priority to those facilities providing free services to the general public.

(e) Marine Board staff will, within budgetary limitations, inspect each proposed facility site with the grant applicant prior to Board consideration of any grant. On-site visits shall be made to assure that the facts presented in the application are correct and to furnish Board members such additional data as may be desired. A final inspection will, within budgetary limitations, also be made prior to the final grant reimbursement.

(f) Grant applications must be received 30 calendar days or more prior to scheduled State Marine Board meetings to be considered by the Board. Applicants should contact the Boating Facilities Section Manager concerning grant application deadlines and availability of funds.

(g) It is the policy of the Board to require that projects be completed within a biennial budget period or less from the date of grant approval. Exceptions may be allowed by the Director if warranted by extraordinary circumstances. The Director is authorized to approve project time extensions up to 90 days, provided this is reported to the Board or as provided by state rule.

(h) Partial reimbursement can be made based upon percentage of project completion with submittal of appropriate documentation (invoices, receipts, photographs, etc.). Final reimbursement will be forwarded upon receipt and approval of appropriate final billing documentation, and a satisfactory final inspection by Board staff. Project sponsors must inform the staff of any alterations to the project, and should provide an early indication of any possible cost overruns or delays which will necessitate a time extension beyond the two year limit.

(i) Except as provided in the Consent Agenda Grant Consideration Policy applicants shall attend the Marine Board meeting at which their facility grant request is being considered. The Marine Board staff shall inform applicants as to the date, time, and location of the Board meeting. Failure to appear at the meeting may result in a deferral of the grant request. The Director may waive this requirement for smaller projects or if special conditions prevent the applicant from being present.

(j) Reimbursement will not be made for projects initiated or completed prior to approval by the Board and federal granting agency. Recognizing that emergencies may arise necessitating quick action, applicants with emergencies should contact the Boating Facilities Section Manager for instructions before initiating any improvements.

(k) Grants will not be approved for the routine maintenance of facilities (e.g., cleaning, litter pickup, lawn care, painting, etc.). These items may be eligible for funding through the Maintenance Assistance Program.

(l) The Director is authorized to approve minor cost overruns (less than $10,000). Applicants must notify the Board of possible cost overruns prior to incurring them in order to be eligible for possible reimbursement.

(m) In submitting the Grant Application and by execution of the Cooperative Grant Agreement the Applicant certifies that all developments will occur on property owned, leased or controlled by Applicant during the term of the agreement. All property or facilities developed with Facilities Grant funds must be dedicated for public use and maintained for a period not less than twenty (20) years. In the event the applicant fails to maintain the facility, or converts the use of the facility, the applicant shall promptly reimburse the Board for all improvement costs provided by the Board.

(n) All projects must comply with "Uniform Sign Guidelines" as published by the Board. All launch ramp facilities developed with Marine Board funds must have at least one uniform boat ramp sign placed on roads leading to the facility in order to direct the public.

(o) All projects must be designed and engineered by a registered engineer or architect unless completed using force account labor or otherwise provided by law. This will assure the applicant and the Board that proper and necessary provisions are being met with respect to public health, life and safety through the best use of materials and labor at a minimal cost.

(p) A publication by the Board titled “Design Guidelines for Recreational Boating Facilities" provides basic technical specifications and design criteria for the development of facility grant projects. All projects must comply with these guidelines or other approved methods.

(q) Applicants shall forward one copy of the final plans and specifications to the Board for review, prior to procuring any contractor, material supplier or commencing any work at the project site. Marine Board staff will notify applicants of plan approval, at which time they may commence implementation of the approved plan.

(r) The Board has the capability to provide some design-engineering services for grant applicants. Requests for technical engineering assistance should be directed to the Boating Facilities Section Manager.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 830.110 & ORS 830.150
Statutes/Other Implemented: ORS 830.150
OSMB 1-2022, amend filed 03/08/2022, effective 03/09/2022
OSMB 7-2013, f. 10-28-13, cert. ef. 1-1-14
OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07
OSMB 8-2001, f. & cert. ef. 7-30-01
OSMB 6-1998, f. & cert. ef. 4-15-98
MB 8-1995, f. & cert. ef. 11-6-95
MB 9-1994, f. & cert. ef. 8-5-94
MB 7-1992, f. & cert. ef. 5-14-92
MB 4-1988, f. 4-21-88, cert. ef. 5-15-88
MB 12-1987, f. & ef. 6-15-87
MB 11-1987, f. 5-20-87, ef. 6-1-87
MB 18-1985, f. & ef. 10-21-85

Or. Admin. R. 250-014-0005 Vessel Waste Collection and Boating Infrastructure Grant Program

(1) Program Descriptions:

(a) The Board is authorized to provide federal Clean Vessel Act and Boating Infrastructure Grant funds made available through the U.S. Fish and Wildlife Service, in the form of grants in accordance with ORS 830.137 for the construction, rehabilitation or replacement of facilities, such as vessel waste collection systems, transient tie-ups and related support facilities.

(b) Federal Clean Vessel Act and Boating Infrastructure Grant funds are provided to the Board contingent on availability and approval by the U.S. Fish and Wildlife Service. Federal Clean Vessel Act and Boating Infrastructure Grant funds require at least a 25% non-federal match. For Clean Vessel Act projects, the required non-federal matching funds are generally provided by the Board. All participants must agree to comply with any and all federal funding requirements including but not limited to compliance with the Single Audit Act. federal OMB Circular A-133.

(c) Clean Vessel Act Grant Funds may be used for the construction/renovation of pumpouts, dump stations and floating restrooms.

(d) Clean Vessel Act Grant Funds may not be used for the construction/renovation of upland restroom facilities; or the construction/renovation, operation and maintenance of onsite sewage treatment plants such as package treatment plants and septic systems, or municipal sewage treatment plants for primary and secondary treatment.

(e) Boating Infrastructure Grant funds may be used for the construction/renovation of docks and piers, gangways, fixed and floating breakwaters, debris booms, vessel waste collection systems, utilities and restrooms that principally support tie-up facilities serving non-trailered boats.

(f) Boating Infrastructure Grant funds may not be used for the construction/renovation of any trailered boat facilities, routine maintenance activities, dry stack storage, annual, seasonal or homeport moorage or other related facilities.

(g) Cities, counties, parks and recreation districts, port districts, state agencies, federal agency participants such as U.S. Forest Service, Bureau of Land Management, the Corps of Engineers and private project sponsors are eligible to submit applications for grants.

(2) Procedures:

(a) Pre Application:

(A) Cities, counties, park and recreation districts, port districts, state and federal agencies and private project sponsors that have developed long-range plans for development of boating facilities are encouraged to file a copy with the State Marine Board.

(B) Prior to submitting an application for a Marine Board facility grant, the applicant should contact the Marine Board for a pre-application conference to discuss the proposed project. This will provide applicants with an opportunity to ask any questions regarding the grant program, and will permit the Marine Board staff to assist the applicant in the early planning stages of a project. Requests for application forms, guidance, and assistance may be obtained from: Boating Facilities Section, Oregon State Marine Board.

(C) The Public Boating Facility Grant Procedure Guide, adopted by the Board shall set forth policies, application form and sample cooperative agreement for use by all eligible public participants.

(D) The Private Grant Procedure Guide shall set forth polices, application form and sample cooperative agreement for use by all eligible private participants.

(b) Application: When an applicant for a grant has completed the planning phase, application shall be made to the Board on such forms and manner as described in the Public or Private Procedure Guide. The application must include the following enclosures:

(A) A completed original application form and enclosures.

(B) For Public Project Sponsors, a resolution or statement from the governing body authorizing the project.

(D) Permits and Environmental Assessment:

(i) Certification is from the local city or county planning agency that the project is in compliance with local comprehensive plans and zoning ordinances or statement that the project is not subject to these.

(ii) For certain projects, various regulatory permits, leases, licenses, certifications, and plan reviews must be obtained. It is the responsibility of the applicant to secure the necessary clearances prior to implementing any project. The applicant shall indicate to the Board the status of any such permits, etc., as part of its application.

(iii) For all projects, a brief Environmental Checklist describing the anticipated environmental impacts of the project is required.

(E) The following planning attachments must be submitted:

(i) Location map of the city or county, showing geographic reference location of the project.

(ii) Vicinity map showing entire facility, boundaries, geographical features and land use adjacent to the project.

(iii) Site Plan showing the area to be developed with the grant. All items should be clearly labeled on the plan as existing or proposed development including dimensions to scale.

(iv) Photographs of the existing project site. These should be sufficient to show major site features and any special characteristics. (An aerial photo is desirable if available).

(v) A preliminary cost estimate, with calculations and quantities, including all proposed facilities and work tasks. For projects where proposed boating facilities are only a portion of the total cost, the estimate must indicate the boating related facilities to be developed with Marine Board funds.

(vi) Preliminary Plans of all proposed structures, including a plan view (top) and elevation view (side) of each proposed structure.

(vii) Third Party Agreements including copy of leases, special use permits, or intergovernmental agreements if the applicant manages but does not own the project site. If applicable, a cooperative agreement between the eligible applicant and a third party participant outlining scope and nature of the project should be included.

(viii) A description and chronology of notice given to the public of the application or proposed project and the opportunities for public input and the comments received.

(A) Marine Board staff shall evaluate each and every complete grant application using evaluation criteria as established by the Board.

(B) Marine Board staff shall prepare a report and funding recommendation for the Board. A copy of this report will be forwarded to the applicant prior to the Board meeting when the application will be considered.

(D) Board Consideration:

(a) Except as provided in the Consent Agenda Grant Consideration Policy applicants shall plan to attend the Marine Board meeting at which their facility grant request is being considered. The Marine Board staff shall inform applicants as to the date, time, and location of the Board meeting. Failure to appear at the meeting may result in a deferral of the grant request. The Director may waive this requirement for smaller projects or if special conditions prevent the applicant from being present.

(b) Following Board consideration, the applicant shall be advised in writing of the Board's decision. If a denial is made based on the protection of water quality, specific notice shall be provided indicating the point or points of the plan which are inadequate (ORS 830.150(4)).

(c) Prior to issuing any grant, the Board shall hold a public hearing in the area where a facility is to be constructed or land acquired if, in the judgment of the Board, use of the facility would stimulate significant change in the character of the recreational use of the waters.

(d) In order to approve a Facility Grant, the Board shall assure that the project complies with the statewide planning goals and is compatible with applicable acknowledged comprehensive plans by following the procedures set out in the Board's state agency coordination program adopted pursuant to ORS 197.180.

(E) Approved Projects:

(a) Following Board approval of a grant, a special cooperative agreement shall be entered into between the applicant and the Board. This agreement shall describe the responsibilities of all parties. Failure by the applicant to execute the grant agreement within 90 calendar days of project approval by the Board may result in the cancellation of the grant.

(b) The Board requires that projects be completed within a biennial budget period or less from the date of grant approval. Exceptions may be allowed by the Director if warranted by extraordinary circumstances. The Director is authorized to approve project time extensions up to 90 days, provided this is reported to the Board.

(F) Project Closeouts:

(a) The public or private project sponsor shall notify the Board of projection completion. A final billing with cost documentation shall be provided to the Board. After a satisfactory review of billing documentation and final inspection by Marine Board staff, final reimbursement will be authorized.

(B) Upon final approval and inspection by the Marine Board staff, ownership of all facilities (and components) developed with partial or full grant funds shall remain with the public or private project sponsor subject to the terms of the Cooperative Agreement.

(3) Priorities:

(A) Funding:

(a) The funds are available to eligible participants on a full grant or matching basis.

(b) In granting funds, the Board shall give first priority to applications for public facilities and to those facilities which appear to have the greatest public need as determined by the Marine Board.

(c) Grant funds are available each biennial period as prescribed by the Board. Large projects may be phased in over a period of years or bienniums to maximize leverage, distribution and availability of funds.

(d) Notice of grant fund availability will be given once to all interested applicants on or about February 15 for the ensuing new biennial period.

(B) Need:

(a) The Board shall provide grants for Marine facilities as the need for facilities appear to the Board ORS 830.150(2).

(b) When applications for grants exceed funds available, the Marine Board will, pursuant to ORS 830.150(2), consider the results of the Boating Survey conducted in accordance with ORS 830.115 in determining areas of greatest need. The Statewide Six Year Boating Facilities Plan, prepared under ORS 830.110(6), with input from cities, counties, park districts, port districts, state and federal agencies, and private project sponsors, shall also be used to guide the allocation of funds for boat waste collection facilities.

(4) Policies:

(A) Matching Funds:

(a) It is the policy of the Board to encourage applicants to make use of matching funds. As a part of this policy, applicants will be encouraged to seek other sources of matching monies or to provide some form of matching contribution. This public or private matching contribution may be a "hard" match of cash or a "soft" match may consist of "in-kind' materials such as project administration, design, engineering, force account labor, permit fees exclusively related to the eligible grant component, and in the case of private participants long term maintenance costs. The Board recognizes that, in some instances, this matching contribution may be beyond the applicant's capabilities. In such cases, the Board may provide a grant covering the full eligible project costs.

(b) Grants will be limited to actual certified expenditures for materials, equipment, labor, and services directly related to construction. Applicants are encouraged to supply "in-house" administrative, design, labor, equipment and engineering services as a form of match to the Marine Board grant. "In-kind" participation shall be documented to the maximum extent possible.

(B) Fees:

(a) Since the Board intends to provide the majority of capital development costs in the form of grants, public and private project sponsors shall not charge any type of user fee for the use of vessel waste collection facilities during the term of the Agreement.

(b) To encourage public use, all public and private vessel waste collection facilities developed in whole or in part by grant funds shall be available free for public use during the term of the Agreement.

(c) Approval must be obtained by the Board prior to charging any user fees for all facilities funded by Boating Infrastructure Grant funds. Any fees charged shall be reasonable and based on the prevailing rate charged by other public and private facilities in the area.

(a) The Board requires public and private project sponsors to place a credit sign at facilities developed with a Marine Board grant. The use of any federal Clean Vessel Act or Boating Infrastructure Grant funds requires placement of a credit sign at the facility indicating use of federal funds.

(b) The sponsor shall place a standard logo pumpout or dump station sign at each facility developed with federal Clean Vessel Act grant funds.

(c) The cost of design, fabrication and installation of required signs is an eligible cost and may be included in the construction contract.

(D) Applications:

(a) Grant applications must be received 30 calendar days or more prior to scheduled State Marine Board meetings to be considered by the Board. Applicants should contact the Boating Facilities Section Manager concerning grant application deadlines and availability of funds.

(b) Applications will be considered by the Board at regular or special meetings as determined by the Board. Funding periods (rounds) shall be established on or about February 15 for the ensuing new biennium period. Notice will be given to any interested applicant.

(E) Public Use and Access:

(a) All vessel waste collection and transient tie-up facilities developed with Boating Facility Grant funds must be open and available for public use. Reasonable hours of operation may be prescribed if necessary. The facility may be closed for short periods to protect against cold weather damage.

(b) Public and private project sponsors shall agree to provide unrestricted and unencumbered access to the general public by either land or water to vessel waste collection facilities or Boating Infrastructure Grant facilities developed in whole or part with Facility Grants or federal funds.

(F) Cooperative Agreements:

(a) Public and private project sponsors shall enter into an agreement with the Board in the manner and form prescribed by the Board. This agreement, which outlines the terms and conditions of funding and other obligations by all parties, must be executed by the Director and the project sponsor prior to commencing any project work. Failure by the applicant and to execute the agreement within 90 calendar days of project approval by the Board may result in the cancellation of the grant.

(b) The term of the Cooperative agreement for Vessel Waste Collection Systems shall be 10 years and Boating Infrastructure Grant facilities shall be 20 years, the assumed average useful life span of these facilities.

(c) The public or private project sponsor shall provide ordinary and routine maintenance activities during the term of this agreement.

(d) The public or private sponsor shall agree to allow unencumbered facility access to the Board or its authorized agents during the term of the Cooperative Agreement.

(e) Funding recipients shall maintain accurate records on the expenditure of project funds, provide the Board with these records consistent with the agreement and upon request, and permit the Board to audit the use of grant funds in accordance with generally accepted audit practices and standards.

(f) Private project sponsors are not required to follow State of Oregon Public Contract Laws but must procure goods and services at reasonable cost and avoid any favoritism with contractors, vendors or suppliers.

(g) In the event the public or private project sponsor fails to maintain the facility or converts the use of the facility, the public or private project sponsor shall reimburse the Board for all grant funds provided by the Board.

(G) Operation and Maintenance:

(a) Grants will not be approved for the routine maintenance of facilities.

(b) Private Project Sponsors -- Since the Board intends to provide the majority of all capital development costs in the form of grants, the private project sponsor shall agree to furnish long term ordinary and routine operation and maintenance costs as "match" to the project. Annual usage reports will be submitted to the Marine Board in the manner and form described.

(H) Engineering and Design Criteria:

(a) All projects must be designed and engineered by a registered engineer or architect unless completed using force account labor or otherwise provided by law. This will assure the applicant and the Board that proper and necessary provisions are being met with respect to public health, life and safety through the best use of materials and labor at a minimal cost.

(b) Applicants shall forward one copy of the final plans and specifications to the Marine Board staff for review, prior to procuring any contractor or material supplier or commencing any work at the project site. Marine Board staff will notify applicants of plan approval, at which time they may commence implementation of the approved plan.

(c) The Marine Board staff has the capability to provide some design-engineering services for grant applicants. Requests for technical engineering assistance should be directed to the Boating Facilities Section Manager.

(d) A publication by the Board titled Vessel Waste Collection System Guidelines or Layout and Design Guidelines for Recreational Boat Launching and Transient Tie-up Facilities provides basic technical specifications and design criteria for the development of facility grant projects. All projects must comply with these guidelines or other approved methods.

(I) Payments and Inspection:

(a) Partial reimbursement can be made monthly based upon percentage of project completion with submittal of appropriate documentation (invoices, receipts, photographs, etc.). Final reimbursement will be forwarded upon receipt and approval of appropriate final billing documentation, and a satisfactory final inspection by Board staff;

(b) Project sponsors must inform the staff of any alterations to the project, and should provide an early indication of any possible cost overruns or delays which will necessitate a time extension beyond the two year limit;

(c) Reimbursement will not be made for projects initiated or completed prior to approval by the Board and federal granting agency. Recognizing that emergencies may arise, necessitating quick action, applicants with emergencies should contact the Boating Facilities Section Manager for instructions before initiating any improvements;

(d) The Director is authorized to approve minor cost overruns (not to exceed $10,000). Project sponsors must notify the Board of possible overruns prior to incurring them in order to be eligible for possible reimbursement;

(e) Marine Board staff will, within budgetary limitations, inspect each proposed facility site with the grant applicant prior to Board consideration of any grant. A final inspection will, within budgetary limitations, also be made by Marine Board staff prior to the final grant reimbursement;

(f) On-site visits by Marine Board staff shall be made to assure that the facts presented in the application are correct, to furnish Board members such additional data as may be desired, to inspect work in progress, and to perform final project inspections. The public or private project sponsor or third party participant shall agree to give the Board and its authorized agents unrestricted access to the project at all times during the term of the Cooperative Agreement.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 830.110 & 830.150
Statutes/Other Implemented: ORS 830.150
OSMB 7-2013, f. 10-28-13, cert. ef. 1-1-14
OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07
OSMB 8-2001, f. & cert. ef. 7-30-01
OSMB 6-1998, f. & cert. ef. 4-15-98
MB 8-1995, f. & cert. ef. 11-6-95

Or. Admin. R. 250-014-0300 Maintenance Assistance Grant Program Administration

(1) Maintenance Assistance Grants are available to assist in the maintenance of motorized and mixed-use boating access sites, pumpout and dump stations, and floating restrooms.

(2) Applicants must submit a grant application as described in the Maintenance Assistance Grant Procedure Guide.

(3) Prior to the disbursement of funds, successful applicants must enter into a signed agreement with the State Marine Board.

(4) Funds are awarded through reimbursement only and will not be provided in advance of project expenditures.

(5) Recipients are required to submit grant progress reports as described in the Maintenance Assistance Grant Procedure Guide prior to receiving reimbursement. Reimbursement of grant funds can be made on partial or final reimbursement basis.

(6) The Board may revoke grant awards if agreements are not signed by both parties within 90 days.

(7) Recipients may receive one award per biennium. The recipient may use those funds at any eligible access sites identified in the grant agreement.

(8) Funds allocated for the maintenance of a pumpout station, dump station, or floating restroom may only be used for the maintenance of the facilities specified in the grant agreement. These funds may not be used to supplement other maintenance needs.

History

Statutory/Other Authority: ORS 830.150
Statutes/Other Implemented: ORS 830.137
OSMB 4-2021, adopt filed 04/26/2021, effective 05/01/2021

Or. Admin. R. 250-014-0305 Maintenance Assistance Grant Program Eligibility and Requirements

(1) Eligible applicants include cities, counties, park and recreation districts, port districts, and state agencies.

(2) Only motorized and mixed-use access sites are eligible for Maintenance Assistance Grants through this program.

(3) To be eligible, an access site must have a single-lane launch ramp with at least six vehicle/boat trailer and two single-car parking spaces, or at least 100 linear feet of short-term tie-up docks. During the peak season, at a minimum, the access site must have at least one single-stall restroom and one garbage can.

(4) To be eligible, a pumpout station, dump station, or floating restroom must provide free use to the public during the peak season.

(5) Maintenance Assistance Grant funds for access sites may not exceed 60 percent of overall maintenance costs. Maintenance Assistance Grant funds for a pumpout station, dump station, or floating restroom may not exceed 75 percent of overall costs. Participant match may not include certain ineligible activities.

(6) Maintenance Assistance Grant funds may not be used for operation, maintenance or overhead costs associated with fish cleaning stations, boat wash stations, marine fuel stations, long-term marina or moorage facilities, campgrounds, trails, picnic areas or shelters, swim areas, other large day-use components. Maintenance Assistance Grant funds may also not be used for the operation, maintenance or overhead of any eligible improved boating facility or portion of eligible improved boating facility used for commercial activities that limit public recreational boating use or access, unless the commercial activities are incidental.

(7) Participants may not use Maintenance Assistance Grant funds for capital projects or match for other grants.

History

Statutory/Other Authority: ORS 830.150
Statutes/Other Implemented: ORS 830.137
OSMB 4-2021, adopt filed 04/26/2021, effective 05/01/2021

Or. Admin. R. 250-014-0500 Waterway Access Grant Program

(1) The purpose of the Waterway Access Grant Program is to provide access, education, and services to boaters through grants from the Waterway Access Fund.

(2) Priority will be given to projects that provide physical non-motorized access to areas with limited accessibility, provide or promote recreational boating opportunities to communities with limited access, or promote boating safety through education. The Board will also prioritize projects that provide free services to the general public and those that disperse use.

(3) Projects that include both access and educational components will be given the highest priority.

History

Statutory/Other Authority: ORS 830.618
Statutes/Other Implemented: ORS 830.621
OSMB 8-2020, adopt filed 05/21/2020, effective 06/01/2020

Or. Admin. R. 250-014-0505 Waterway Access Grant Eligibility

(1) For the development of access facilities, all public bodies, federal agencies, and federally recognized Oregon Indian tribes are eligible to apply for funds.

(a) Private entities are not eligible to receive funds for access facility development.

(b) Eligible projects must provide access to the general public for the purpose of recreational boating.

(c) Aquatic invasive species spread prevention projects, environmental restoration and mitigation projects, and law enforcement facility development projects will not be considered.

(2) All public bodies, federally recognized Oregon Indian tribes, and private entities may apply for funds for the purposes of boating safety education and to allow for and promote waterway access to underserved communities. Eligible private entities may include but are not limited to utilities, irrigation districts, limited liability companies, corporations, non-profit organizations, and non-governmental organizations.

(3) Commercial projects related to boating may be considered.

(4) Grants will not be awarded for the routine maintenance of facilities or to provide perpetual support of education or safety programs.

History

Statutory/Other Authority: ORS 830.618
Statutes/Other Implemented: ORS 830.621
OSMB 8-2020, adopt filed 05/21/2020, effective 06/01/2020

Or. Admin. R. 250-014-0510 Waterway Access Grant Administration

(1) The Board shall review applications and determine awards. The Director may approve cost overruns up to but not to exceed $10,000.

(2) Specific grant application scoring criteria shall be prescribed in the Grant Procedure Guide.

(3) Public comment on received grant applications shall be solicited for a minimum of 14 days.

(4) Successful grant applicants must provide some form of matching contribution, which may include but is not limited to cash, in-kind labor, and other in-kind resources. Eligible matching contributions are listed in the Grant Procedure Guide and proposed matching contributions will be considered during the application review process.

(5) Prior to the disbursement of funds, successful applicants must enter into a signed agreement with the State Marine Board.

(6) Funds are awarded through reimbursement only. Funds will not be provided in advance of project expenditures.

(7) The Board may revoke grant awards if agreements are not signed by both parties within 90 days.

(8) Projects must be completed within the same biennium as the date of grant approval.

(9) Record of State’s property interest shall be a requirement in all agreements involving the acquisition of real estate.

(10) For the duration of a Waterway Access Grant agreement, conversion of a project to an ineligible use is prohibited and shall void the agreement and result in the repayment of awarded funds by the recipient.

(11) Recognition of receipt of Marine Board funds must be displayed on lands and products purchased or developed using Waterway Access Grants. Acceptable recognition may include access area signs and decals on purchased watercraft or other equipment.

History

Statutory/Other Authority: ORS 830.618
Statutes/Other Implemented: ORS 830.621
OSMB 1-2022, amend filed 03/08/2022, effective 03/09/2022
OSMB 8-2020, adopt filed 05/21/2020, effective 06/01/2020

Or. Admin. R. 250-014-0550 Small Grant Program

(1) The purpose of the Small Grant Program is to provide a streamlined process to assist applicants with minor or emergency repairs at public boating access sites, nonmotorized boating safety education, and promotion of waterway access to underserved communities.

(2) Priority will be given to projects that keep boating access sites open, in usable condition and improves accessibility for recreational boaters, promotes boating opportunities to communities with limited access or provide free services to the general public.

History

Statutory/Other Authority: ORS 830.150
Statutes/Other Implemented: ORS 830.150
OSMB 1-2022, adopt filed 03/08/2022, effective 03/09/2022

Or. Admin. R. 250-014-0555 Small Grant Eligibility

(1) Public bodies, federal agencies, and federally recognized Oregon Indian tribes are eligible to apply for funds for minor repairs of boating access sites or technical reports necessary for future access site renovation or development.

(2) Public bodies, federal agencies, federally recognized Oregon Indian tribes, and private entities are eligible to apply for funds for nonmotorized boating safety education and to allow for and promote waterway access to underserved communities. Eligible private entities may include but are not limited to utilities, irrigation districts, limited liability companies, corporations, non-profit organizations, and nongovernmental organizations.

(3) Small grant funds shall not be used for routine maintenance of a site, aquatic invasive species spread prevention projects, environmental restoration or mitigation projects, development of law enforcement facilities, perpetual support of an ongoing outreach program, or for work completed prior to grant approval.

(4) Small Grant funds shall not be used to pay for a fragment of a larger project so as to stay below the maximum Small Grant funding threshold.

History

Statutory/Other Authority: ORS 830.150, ORS 830.618 & ORS 830.621
Statutes/Other Implemented: ORS 830.150
OSMB 1-2022, adopt filed 03/08/2022, effective 03/09/2022

Or. Admin. R. 250-014-0560 Small Grant Administration

(1) The Director may be authorized each biennium to approve Small Grants up to $30,000, with a total project cost not to exceed $50,000.

(2) Applications are accepted on the first day of the biennium until 45 days prior to the close of the biennium.

(3) Public comment on applications for boating safety education and to allow for and promote waterway access to underserved communities shall be solicited for a minimum of 14 days.

(4) Successful grant applicants must provide a minimum of 25 percent matching contribution, which may include but is not limited to cash, in-kind labor and other in-kind resources. Eligible matching contributions are listed in the Grant Procedure Guide and proposed matching contributions will be considered during the application review process.

(5) Prior to the disbursement of funds, successful applicants must enter into a signed agreement with the State Marine Board.

(6) Funds are awarded through reimbursement only. Funds will not be provided in advance of project expenditures.

(7) The Director may revoke grant awards if agreements are not signed by both parties within 90 days.

(8) Projects must be completed within the same biennium as the date of grant approval.

(9) For the duration of a Small Grant agreement, conversion of a project to an ineligible use is prohibited and shall void the agreement and result in repayment of awarded funds by the recipient.

(10) Recognition of receipt of Marine Board funds must be displayed on lands and products purchased or developed using Small Grants. Acceptable recognition is listed in the Grant Procedure Guide.

History

Statutory/Other Authority: ORS 830.150, ORS 830.618 & ORS 830.621
Statutes/Other Implemented: ORS 830.150
OSMB 2-2025, temporary amend filed 01/24/2025, effective 02/01/2025 through 06/30/2025
OSMB 1-2022, adopt filed 03/08/2022, effective 03/09/2022

Division 15 OCEAN CHARTER VESSELS

Or. Admin. R. 250-015-0001 Definitions

As used in this Division:

(1) “Approved” means those items accepted and formally approved for use by the U.S. Coast Guard.

(2) “Open Boat(s)” means motorboats with engine and fuel tank compartments and other spaces so constructed as to be open to the atmosphere thereby preventing entrapment of flammable gases.

(3) “Passenger Vessel” has the meaning prescribed in Title 46.70.10-1 of the Code of Federal Regulations (CFR), effective January 1, 2014.

(4) “Small Passenger Vessel” has the meaning prescribed in Title 46.170.055(y) of the Code of Federal Regulations (CFR), effective January 1, 2014.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.430 - 830.460
OSMB 11-2021, amend filed 12/20/2021, effective 01/01/2022
OSMB 4-2017, amend filed 12/04/2017, effective 01/01/2018
OSMB 5-2014, f. & cert. ef. 1-15-14
Reverted to MB 6-1989, f. 12-20-89, cert. ef. 1-1-90
OSMB 4-2008(Temp), f. & cert. ef. 5-7-08 thru 10-31-08
MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

Or. Admin. R. 250-015-0002 Applicability

(1) This division is applicable to all charter boats, carrying passengers for hire, on waters of this state.

(2) The rules in this Division are in addition to and not in lieu of any other applicable federal laws or regulations.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.430 - 830.460
OSMB 5-2014, f. & cert. ef. 1-15-14
MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

Or. Admin. R. 250-015-0004 Optional Charter Licensing for Uninspected Passenger Vessels

A boat carrying fewer than seven passengers for hire for angling, sightseeing, or other recreational purposes may be issued a charter boat license if the boat owner completes the charter boat application process and satisfies requirements for charter boats operating on sole state waters laid out in 250-015-0035(5).

History

Statutory/Other Authority: ORS 830.430
Statutes/Other Implemented: ORS 830.430
OSMB 6-2022, amend filed 10/06/2022, effective 10/06/2022
OSMB 11-2021, adopt filed 12/20/2021, effective 01/01/2022

Or. Admin. R. 250-015-0005 License Application and Fees

(1) An owner shall make application to the Board by completing and signing the Charter Boat License application as provided by the Board.

(2) The applicant must certify in the space provided that the boat complies with the equipment requirements established by the Board.

(3) The completed application must be accompanied by copies of:

(a) The current U.S. Coast Guard “Certificate of Inspection” (if an inspected boat); or

(b) Documents prescribed in OAR 250-015-0035.

(4) The charter boat operator must be in possession of a valid USCG Operators License appropriate for the area of operation.

(5) Upon approval of the application a charter boat license, decal and validation sticker shall be provided to the applicant:

(a) The Oregon charter boat license issued shall identify the applicant, the boat, whether or not the boat operates on sole state waters or within 20 or less miles from shore, the license expiration and such other items as deemed appropriate by the Board. It shall be carried on board and made available upon demand of a peace officer;

(b) The charter boat decals shall be of such size and color as designated by the Board and shall be displayed in any visually unobstructed location on the boat’s port and starboard cabin sides or windows, or in the case of an open boat, at or near the operator's position, port and starboard, in as highly visible a location as possible. The validation sticker shall be affixed to this decal in the space provided.

(6) A Charter Boat license may be issued either as an annual or biennial license. The fee for a two-year biennial license is double the amount of an annual license fee as described in ORS 830.440(3).

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.430 - 830.460
OSMB 11-2021, amend filed 12/20/2021, effective 01/01/2022
OSMB 14-2016, f. 10-27-16, cert. ef. 11-1-16
OSMB 5-2014, f. & cert. ef. 1-15-14
MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

Or. Admin. R. 250-015-0006 Reciprocity Provisions for Charter Boats on the Columbia River

(1) The purpose of this rule is to implement reciprocity between Oregon and Washington regarding the licensing of charter boats on the Columbia River downstream of the bridge at Longview, Washington. Reciprocity avoids the conflict, confusion and difficulty of attempting to find the exact location of the state boundary in or on the waters of the Columbia River when carrying passengers for hire for angling, sightseeing or other recreational purposes on licensed charter boats.

(2) The reciprocity provisions of this rule and the reciprocity provisions adopted by the State of Washington, do not authorize the launching, pick-up or discharge of passengers for any purpose in a state other than the state where the charter boat is licensed.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 704.025 & 830.435
OSMB 5-2014, f. & cert. ef. 1-15-14
OSMB 3-2007, f. & cert. ef. 3-21-07

Or. Admin. R. 250-015-0008 License Transfer, Cancellation or Suspension

(1) When a licensed charter boat is sold or otherwise transferred to new ownership the former owner(s) must notify the Board within 15 days of such ownership change by completing the license transfer portion of the charter boat license and submitting it to the Board with the application.

(2) The license transfer portion shall contain such information as is needed to determine whether the valid charter boat license:

(a) Is transferred to the new owner upon sale or transfer of the boat;

(b) Remained with the former owner and will be assigned to a replacement boat; and

(3) It shall be the responsibility of the former owner to remove or have removed the assigned charter boat license decals and validation stickers when the license is not transferred with the boat.

(4) Upon determination of the license disposition a new or replacement license will be issued to the appropriate licensee.

(5) A charter boat license may be suspended when a licensee fails to maintain, in full force and effect, the required liability insurance.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.430 - 830.460
OSMB 5-2014, f. & cert. ef. 1-15-14
MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

Or. Admin. R. 250-015-0009 Incident Reporting Requirements

(1) Notwithstanding OAR 250-010-0110, operators shall notify the Marine Board of all Charter Boat incidents.

(2) Notification shall be made within 48 hours for each incident resulting in:

(a) Death or disappearance of any person;

(b) Injury or illness of any person requiring medical treatment beyond minor first aid;

(c) Damage exceeding $500 to public, private, or charter operator property, excluding loss of or damage to personal-use items; or

(d) Emergency response from local, state or federal agency.

(3) The Marine Board will provide instruction to the operator if additional reporting is required.

History

Statutory/Other Authority: ORS 830.437
Statutes/Other Implemented: ORS 830.437 & ORS 830.450
OSMB 4-2017, adopt filed 12/04/2017, effective 01/01/2018

Or. Admin. R. 250-015-0010 Equipment Requirements for Charter Boats and Charter Guides

(1) The following requirements apply to Charter Boats operating on US navigable waters:

(a) Navigation Lights as prescribed in Title 33 CFR 83.20 – 83.31 of the Code of Federal Regulations (CFR), effective 01/01/2016.

(b) Personal Flotation Devices as prescribed in Title 46 CFR 180.71 – 180.72, effective 01/01/2016.

(d) Visual Distress Signals as prescribed in Title 46 CFR 180.68, effective 01/01/2016.

(e) Distress Signals Storage as prescribed in Title 46 CFR 185.614, effective 01/01/2016.

(f) Sound Signals as prescribed in Title 33 CFR 86.33, effective 01/01/2016.

(g) Survival Craft as prescribed in Title 46 CFR 180.200, effective 01/01/2016.

(h) Life Saving Equipment Markings as prescribed in Title 46 CFR 185.604, effective 01/01/2016.

(i) Merchant Marine Credential (MMC) as prescribed in Title 46 CFR 15.401, effective 01/01/2016.

(j) Charts and Publications as prescribed in Title 46 CFR 130.330, effective 01/01/2016.

(k) First Aid Kits as prescribed in Title 46 CFR 184.710, effective 01/01/2016.

(l) EPIRB as prescribed in Title 46 CFR 180.64, effective 01/01/2016.

(m) Life Ring Buoys as prescribed in Title 46 CFR 180.70, effective 01/01/2016.

(n) Fire Extinguishers as prescribed in Title 46 CFR 181.500 to 181.520, effective 08/22/2016.

(o) Bilge Pumps as prescribed in Title 46 CFR 182.520, effective 01/01/2016.

(p) Bilge High Level Alarm as prescribed in Title 46 CFR 182.530, effective 01/01/2016.

(q) Ground Tackle and Mooring Lines as prescribed in Title 46 CFR 184.300, effective 01/01/2016.

(r) Compasses as prescribed in Title 46 CFR 184.402, effective 01/01/2016.

(s) Radar as prescribed in Title 46 CFR 184.404, effective 01/01/2016.

(t) Passenger Safety Orientation as prescribed in Title 46 CFR 185.506 effective 01/01/2016.

(u) Electronic Position Fixing as prescribed in Title 46 CFR 184.410, effective 01/01/2016.

(v) Emergency Instructions Placard as prescribed in Title 46 CFR 185.510, effective 01/01/2016.

(w) Vessel Radio Equipment as prescribed in Title 47 CFR 80.905(a)(1) & (2), effective 01/01/2016.

(2) Any discrepancies with the equipment requirements as outlined in (1)(a)-(w) are satisfied in favor of the Titles and Parts of the Code of Federal Regulations (CFR) as stated on 01/01/2016.

(3) The following requirements apply to Charter Guides defined in ORS 704.010(1) operating on US navigable waters:

(a) Navigation Lights as prescribed in Title 33 CFR 83.20 – 83.31, effective 01/01/2016.

(b) Sound Signals as prescribed in Title 33 CFR 83.33, effective 01/01/2016.

(d) MMC Employment and Service as prescribed in Title 46 CFR 15.401, effective 01/01/2016.

(e) Personal Flotation Devices as prescribed in Title 46 CFR 25.25-5, effective 01/01/2016.

(f) Personal Flotation Device Lights as prescribed in Title 46 CFR 25.25-13, effective 01/01/2016.

(g) Retroreflective Material for Personal Flotation Devices as prescribed in Title 46 CFR 25.25-15, effective 01/01/2016.

(h) Life Ring as prescribed in Title 46 CFR 25.25-5(b)(3), effective 01/01/2016.

(i) Lifesaving equipment accessibility as prescribed in Title 46 CFR 25.25-9(b), effective 01/01/2016.

(j) Fire Extinguishers as prescribed in Title 46 CFR 25.30-1 to 25.30-80 , effective 01/18/2017.

(k) Backfire Flame Control as prescribed in Title 46 CFR 25.35-1, effective 01/01/2016.

(l) Ventilation as prescribed in Title 46 CFR 25.40, effective 01/01/2016.

(m) Safety Orientation as prescribed in Title 46 CFR 26.03-1, effective 01/01/2016.

(n) Emergency Instructions Placard as prescribed in Title 46 CFR 26.03-2, effective 01/01/2016.

(o) Charts and Publications as prescribed in Title 46 CFR 26.03-4, effective 01/01/2016.

(p) Exhibition of MMC as prescribed in Title 46 CFR 26.20-1, effective 01/01/2016.

(4) Any discrepancies with the equipment requirements as outlined in (3)(a)-(p) are satisfied in favor of the Titles and Parts of the Code of Federal Regulations (CFR) as stated on 01/01/2016.

History

Statutory/Other Authority: ORS 830.437, ORS 830.450 & ORS 830.420
Statutes/Other Implemented: ORS 830.450
OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020
OSMB 4-2017, amend filed 12/04/2017, effective 01/01/2018
OSMB 5-2014, f. & cert. ef. 1-15-14
OSMB 3-2005, f. & cert, ef, 1-24-05
MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

Or. Admin. R. 250-015-0012 Safety and Equipment Requirements for Charters on Sole State Waters

(1) Boats operating on sole state waters shall not exceed designed seating capacity unless certified by a United States Coast Guard (USCG) Certificate of Inspection, the National Association of Marine Surveyors (NAMS), or the Society of Marine Surveyors (SAMS). The seating capacity includes the total number of passengers and crew.

(2) Each boat shall carry on board an approved first aid kit.

(a) First aid kits shall be in accordance with Title 46 CFR 160.054 as established on 01/01/2016.

(b) Kits must be stored in a waterproof container and clearly marked as “First-Aid Kit”.

(3) Each boat must possess and have readily available one USCG approved personal flotation device of the appropriate type and size for each passenger and crew.

(a) Each boat carrying five or more passengers shall have one spare personal flotation device.

(b) On river sections rated as Class III or higher on a commonly accepted scale of river difficulty, all employees and passengers are required to wear a properly secured personal flotation device. The personal flotation device must;

(A) Be approved for use on whitewater rivers per the label.

(B) Not be an inflatable personal flotation device, regardless of rating type.

(4) Each boat shall have on board and immediately available one USCG approved throwable life ring buoy. A throw bag with 40 feet of line may be carried in lieu of this requirement.

(5) Each boat shall have on board at least one paddle or oar.

(6) Each boat shall have on board an adequate power bilge pump and a bailing bucket or manual bilge pump. Bilge pumps shall be in accordance with Title 46 CFR 182.520 as established on 01/01/2016.

(7) Each boat shall have on board no less than one fire extinguisher in each operating station, machinery space, accommodation space and galley, pantry or concession per the table on 46 CFR 25.30-20 as established on 01/01/2016.

(8) Each boat shall carry a communication device capable of sending an emergency distress signal.

(a) The device shall be appropriate for the area of operation.

(b) Acceptable devices include but are not limited to:

(A) Personal Locator Beacon (PLB);

(B) Satellite Telephone;

(D) Cellular Telephone.

(9) Each boat shall be equipped with a suitable magnetic compass designed for marine use.

(10) All closed compartments containing personal flotation devices, first aid kits, emergency communication devices and fire extinguishers shall be clearly labeled with their content, as follows:

(a) One (1) inch high block letters indicating what the closed compartment contains;

(b) Be of a color that will contrast with the color of the background; and

(11) Each boat shall be equipped with a sound signaling appliance. The appliance shall be a horn, bell or whistle capable of making an efficient sound.

History

Statutory/Other Authority: ORS 830.437, ORS 830.450 & ORS 830.420
Statutes/Other Implemented: ORS 830.450
OSMB 11-2021, amend filed 12/20/2021, effective 01/01/2022
OSMB 4-2017, adopt filed 12/04/2017, effective 01/01/2018

Or. Admin. R. 250-015-0018 Depth Finder

An installed (not portable), functioning depth finding unit shall be at or near the vessel’s primary steering station. The equipment shall provide an adequate range of depth scales allowing the operator to select scales that provide ample safety warning of abrupt ocean bottom contour changes.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.450
MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

Or. Admin. R. 250-015-0022 Navigation Equipment

Each vessel shall have installed a RADAR or a GLOBAL POSITIONING SYSTEM (GPS) navigation system. It shall be capable of providing the operator with rapid, reliable vessel positioning information. Portable or hand-held GPS is allowable on uninspected vessels less than 26 feet of open construction as an alternative means of compliance.

History

Statutory/Other Authority: ORS 830.110 & 830.175
Statutes/Other Implemented: ORS 830.450
OSMB 5-2014, f. & cert. ef. 1-15-14
MB 5-1994, f. & cert. ef. 4-28-94
MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

Or. Admin. R. 250-015-0026 Light/Smoke Flares

Vessels operating in ocean or coastal waters and bays/rivers, with an opening to the seas of 2 miles or more, are required to carry light and or smoke flares as follows:

(1) One electronic distress light, or 3 approved flares; and

(2) One distress flag or 3 approved flares or 3 approved smoke signals.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.430 - 830.460
OSMB 5-2014, f. & cert. ef. 1-15-14
OSMB 3-2005, f. & cert, ef, 1-24-05

Or. Admin. R. 250-015-0035 Charter Boats Operating on Sole State Waters

(1) A Charter boat may not be operated on sole state waters unless the vessel is:

(a) Licensed by the US Coast Guard and is operated within the specifications of the vessel’s Certificate of Inspection; or

(b) Licensed as a Charter boat by the Oregon State Marine Board.

(2) A Charter License will not be issued until the following documents, in addition to the charter boat application documents, have been provided and approved by the Marine Board:

(a) A Marine Survey conducted by a person certified by the National Association of Marine Surveyors (NAMS) or accredited by the Society of Marine Surveyors (SAMS).

(A) The Marine Survey must be complete as per NAMS or SAMS professional standards.

(B) Marine Survey will be completed out of water except by special exemption of the Board and must include a sea trial.

(C) All issues, problems, concerns or recommendations noted in the Marine Survey must be addressed to the satisfaction of the Surveyor before the Marine Board can approve the Marine Survey.

(D) Marine Survey report shall include internal and external pictures of the vessel, its machinery and furnishings.

(b) A stability test and capacity designation signed by a certified Naval Architect who is a registered professional engineer, except as provided in paragraphs (2)(b)(A) and (2)(b)(B) of this section.

(A) The stability test may be dispensed with, or a deadweight survey may be substituted for the stability test, if the Marine Board has a record of, or is provided with, the approved results of a stability test of a sister vessel.

(B) The stability test of a vessel may be dispensed with if the Marine Surveyor determines that an accurate estimate of the vessel's lightweight characteristics can be made and that locating the precise position of the vessel's vertical center of gravity is not necessary to ensure that the vessel has adequate stability in all probable loading conditions.

(3) The Marine Survey for a Charter License must be successfully completed every three years before a new charter license will be issued.

(4) A dock-side inspection will be conducted annually by a Marine Board designated law enforcement officer to ensure the vessel complies with life jacket, sound-making device, fire extinguisher and vessel lighting requirements.

(5) Before getting underway on a voyage or as soon as practicable thereafter, the operator of a Charter boat shall ensure that suitable public announcements are made informing all passengers of the following:

(a) The location of emergency exits, survival craft embarkation areas, and life ring buoys;

(b) The stowage location(s) of life jackets;

(c) The proper method of donning and adjusting life jackets of the type(s) carried on the vessel including a demonstration of the proper donning of a life jacket;

(d) The location of the instruction placards for life jackets and other lifesaving devices; and

(e) That all passengers will be required to don life jackets when possible hazardous conditions exist as directed by the operator.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.430 - 830.460
OSMB 11-2021, amend filed 12/20/2021, effective 01/01/2022
OSMB 5-2014, f. & cert. ef. 1-15-14

Division 16 OUTFITTER/GUIDE REGISTRATION

Or. Admin. R. 250-016-0020 Definitions

(1) “Decal” is an identifying registration sticker or fabric tag visibly displayed on a vessel, vehicle, pack or other equipment.

(2) “Deposit” is a collection of fees prior to providing outdoor recreational activities.

(3) “Drop Camp” is a site whose location is chosen either by the Outfitter and Guide or the client but where no guided hunt or fishing services are provided to the client.

(4) “Guide Boatsman Trainee” is an individual who is an Outfitter and Guide or an employee of an Outfitter and Guide who is receiving experience on whitewater as required in ORS 704.070.

(5) “Outfitter and Guide Hunt” is an outdoor recreational activity in which the client is physically accompanied in the field by the registered Outfitter and Guide or the employee(s) of the registered Outfitter and Guide during the hunt.

(6) “Owned or Controlled” land means any lands owned or under a formal leasing giving the individual as a sole-proprietor, partnership, or other corporation exclusive control of the use of the lands.

(7) “Packing” is the act by the registered Outfitter and Guide or the employee(s) of the registered Outfitter and Guide to lead clients in overland outdoor recreational activities including but not limited to the transportation of client, equipment and supplies, harvested game, by machine, boat, animal or guide.

(8) "Person" means an individual, partnership, corporation or non-profit organization.

(9) “Resident”, as it pertains to this division, is an individual who has physically resided in the State of Oregon for a period of not less than six consecutive months immediately prior to the date of submitting an application to be registered as an Outfitter and Guide or crew member in the State of Oregon. Mere ownership of real property or payment of property taxes in the State of Oregon does not establish residency. A “resident” shall not hold or claim any resident privileges in any other state or country for any purpose. Resident privileges include, but are not limited to:

(a) A valid state driver’s license;

(b) A state voter registration; or

(10) “Serious” violation is:

(a) A Felony or Class A, B or C misdemeanor conviction for a violation of any requirements listed in ORS 704.040(5) or any rules adopted pursuant to those Chapters; or

(b) An action that results in a fishing or hunting license or permit to be suspended, revoked, canceled or denied by the courts or by a state or federal agency with appropriate jurisdiction; or

(c) Any violation of the requirements in ORS 704.040(5)(b), or any rules adopted pursuant to those Chapters, while the guide or crew member was operating with a conditional registration.

(11) “Repeated” violation is:

(a) Any combination of three Class A, B, C or D infractions, or violations of ethical or professional standards in OAR 250-016-0060, during a five year period; or

(b) Any two felony or Class A, B or C misdemeanor convictions within a period of ten (10) years.

History

Statutory/Other Authority: ORS 704.040 & ORS 704.500
Statutes/Other Implemented: ORS 704.010
OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025
OSMB 15-2018, amend filed 12/03/2018, effective 01/01/2019
OSMB 17-2016, f. 11-2-16, cert. ef. 1-1-17
OSMB 7-2015, f. 6-26-15, cert. ef. 7-1-15
OSMB 15-2011, f. & cert. ef. 11-1-11

Or. Admin. R. 250-016-0025 Crew Members, Employees, Agents or Parties in Interest

(1) At the time of application, the Outfitter and Guide will supply the Marine Board a current record of all employees, including agents and parties in interest, as outlined in ORS 704.020(1)(d), and crew members as defined in 704.010(2) of 2025 HB2558, who physically provide, or directly assist in physically providing Outfitting and Guiding services in Oregon.

(2) The Marine Board shall be notified of all changes to the record before any Outfitting and Guiding services are provided.

(3) Written change notifications will be dated, and include the:

(a) Outfitter and Guide's name and address;

(b) Deleted employee’s or crew member's full name; and

(4) The change notification must be received by the Marine Board by email or U.S. mail.

(5) Outfitter and Guides shall maintain records of all current employees' First Aid/CPR certifications for periodic review by the Marine Board.

History

Statutory/Other Authority: ORS 704.020 & ORS 704.500
Statutes/Other Implemented: ORS 704.020
OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025
OSMB 9-2020, amend filed 05/21/2020, effective 06/01/2020
OSMB 15-2018, amend filed 12/03/2018, effective 01/01/2019
OSMB 9-2018, minor correction filed 07/19/2018, effective 07/19/2018
OSMB 15-2011, f. & cert. ef. 11-1-11

Or. Admin. R. 250-016-0031 Incident Reporting Requirements

(1) Notwithstanding OAR 250-010-0110, Outfitters and Guides shall notify the Marine Board within 48 hours for each incident resulting in:

(a) Death or disappearance of any person;

(b) Injury or illness of any person requiring medical treatment beyond minor first aid;

(d) Emergency response from local, state or federal agency.

(2) The Marine Board will provide notification to the Outfitter and Guide if additional reporting is required.

History

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.500
OSMB 3-2017, adopt filed 12/04/2017, effective 01/01/2018

Or. Admin. R. 250-016-0035 Registration Requirement

(1) The completed and signed application, with all required attachments and the fee required by ORS 704.020 must be submitted to the Marine Board. The required fee is nonrefundable. The required attachments are:

(a) A copy of the certificate of first aid and CPR training (American Red Cross or equivalent); or

(A) A copy of training and certification as an Emergency Medical Technician I, II or III; or

(B) A copy of licensure as a registered nurse or medical doctor.

(b) Certificate of insurance;

(d) Copy of US Coast Guard Operator's license, if applicable.

(2) The first aid and CPR training certificate or medical license as defined in (1)(a)(A)(B) of this rule shall remain current. If the first aid and CPR training certificate or medical license expires, the Outfitter and Guide's registration is automatically suspended.

(3) The certificate of insurance shall:

(a) Be issued in the applicant's name;

(b) Reflect all insured business names; and

(d) Remain current. If the certificate of insurance expires, the Outfitter and Guide's registration is automatically suspended.

(4) An incomplete application will not be processed. An incomplete application will be deemed inactive following twelve (12) months from date of receipt and lacking any action on the applicant’s part to complete.

(5) Applications for non-boating related outfitter and guide licenses issued between July 1 and December 31 of each year will expire on June 30 of the following year.

(6) For a crew member,

(a) The completed and signed application, with all required attachments and the fee required by ORS 704 Section 5 of 2025 HB2558 must be submitted to the Marine Board. The required $50 fee per year is nonrefundable. The required attachments are:

(A) A copy of the certificate of first aid and CPR training as defined in (1)(a)(A)(B) and (2) of this rule;

(B) Certificate of employer's insurance;

(b) An incomplete application will not be processed. An incomplete application will be deemed inactive following twelve (12) months from date of receipt and lacking any action on the applicant's part to complete.

History

Statutory/Other Authority: ORS 704.500 & ORS 704.020
Statutes/Other Implemented: ORS 704.020
OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025
OSMB 17-2016, f. 11-2-16, cert. ef. 1-1-17
OSMB 7-2015, f. 6-26-15, cert. ef. 7-1-15
OSMB 15-2011, f. & cert. ef. 11-1-11

Or. Admin. R. 250-016-0036 Motorized Passenger Boat Operator's Certification

(1) An Outfitter and Guide or an employee of an Outfitter and Guide operating a motorized boat carrying passengers for hire on the waters of this state must possess a valid United States Coast Guard Operator’s license, or obtain a Motorized Passenger Boat Operator’s Certification.

(2) The Motorized Passenger Boat Operator’s Certification is valid for five years from the date of issuance.

(3) The following documentation must be submitted to the Marine Board at the time of application:

(a) Proof of completion of the Marine Board approved guide boat operator’s knowledge examination as defined in OAR 250-016-0038.

(b) Medical practitioner’s certification of completion of the Health Screening as defined in OAR 250-016-0038.

(c) Completion of pre-employment drug screening or proof of participation in a random drug screening program as defined in OAR 250-016-0038.

(4) No person shall employ any person to operate a motorized boat as an Outfitter and Guide or an employee of an Outfitter and Guide who does not possess a valid United States Coast Guard Operator’s license or is not certified as a Motorized Passenger Boat Operator in accordance with ORS 704.020, OAR 250-016-0036 and OAR 250-016-0038.

History

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.020
OSMB 3-2017, adopt filed 12/04/2017, effective 01/01/2018

Or. Admin. R. 250-016-0038 Knowledge Examination, Health Screen, and Drug testing

(1) Guide Boat Operator’s Knowledge Examination:

(a) An examination must be completed every five years.

(b) The passing score is 75 percent.

(2) Health Screenings shall:

(a) Be of such scope to ensure that there are no conditions that pose significant risk of a sudden incapacitation or debilitating complication. This screening must also consider any condition requiring medication that impairs cognitive ability, judgment, or reaction time,

(b) Be based on Title 49 Code of Federal Regulations (CFR) part 391.41-391.49 as stated on 01/01/2016 (US Department of Transportation (DOT) requirements)) as the recommended guideline for health screening requirements and limitations, and

(c) Include documented proof of compliance from a medical practitioner certifying that the applicant’s health poses no significant risk as described in the Health Screening.

(3) If at any time there is any medical condition that could impair one’s ability to operate a boat, the individual must:

(a) Stop providing all Outfitter and Guide motorboat operations;

(b) Notify the Marine Board within 48 hours; and

(c) Submit documentation from a medical practitioner certifying that the applicant’s health poses no significant risk as described in the Health Screening prior to providing Outfitter and Guide boat operations.

(4) Drug testing program shall include:

(a) Pre-employment drug testing. Drug testing must be completed within 60 days prior to initial application for a Motorized Passenger Boat Operator’s Certification or prior to a renewal as an Outfitter and Guide or employee after a lapse in registration of one year or greater.

(b) Participation in a drug consortium. The consortium is defined as a service agent that provides or coordinates a variety of drug and alcohol testing programs including random testing.

(c) Testing for drug presence including cocaine, amphetamines, phencyclidine (PCP), and opiates. Title 49 CFR part 40 as established 01/01/2016 sets the predetermined levels which determine a test to be positive or negative for the presence of dangerous drugs.

(d) Testing procedures in accordance with Title 49 CFR part 40 as established on 01/01/2016. The analysis will be performed at laboratories certified and monitored by the Department of Health and Human Services (DHHS).

(5) Individuals receiving a verified positive, adulterated, or substituted drug test result must:

(a) Stop providing all Outfitter and Guide services.

(b) Notify the Marine Board within 48 hours.

(A) Submit to evaluation and treatment from a Substance Abuse Professional (SAP). SAP professional shall be as defined in Title 49 CFR part 40 as established on 01/01/2016.

(B) Provide documentation of compliance with the SAP recommendations to the Marine Board.

(C) Upon successful completion, submit proof of drug testing once a month for the next 12 months. The results of this screening shall be submitted to the Marine Board by the fifteenth day of each month.

(D) Desist from providing any Outfitter and Guide services until return to work approval is obtained from the Marine Board.

(d) Provide proof of compliance in the form of a letter from the service provider attesting to participation in a drug consortium.

(6) A violation of any of the provisions of this section shall result in a suspension, revocation or denial of an Outfitter and Guide registration and Motorized Passenger Boat Operator Certification.

(a) A violation of drug testing provisions shall include civil penalties not to exceed $500.

(b) Refusal to take a drug test, refusing to comply with SAP recommendations, or tampering with or attempting to alter a test shall result in an immediate revocation of an Outfitter and Guide registration and motorized passenger boat operator certification for up to 24 months.

(7) All associated costs of health and drug screening relating to the provisions of this section shall be the responsibility of the Outfitter and Guide or the Outfitter and Guide employee.

History

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.020
OSMB 3-2017, adopt filed 12/04/2017, effective 01/01/2018

Or. Admin. R. 250-016-0040 Proof of Registration Compliance

(1) Outfitter and Guide registration certificate:

(a) Upon meeting the registration requirements as outlined in ORS 704.020, the Marine Board will issue proof of compliance in the form of a registration certificate to the applicant. This registration certificate will contain the applicant's:

(A) Name and address;

(B) Registration number;

(D) Expiration date.

(b) A decal will be issued for each boat used in the Outfitter and Guide business with the following information:

(A) For motorized boats used by Charter Guides on federally navigable waters, an oval decal shall show the area of operation allowed by United States Coast Guard operator's license, and the passenger carrying capacity.

(B) For all non-motorized and motorized boats where the operator does not have a US Coast Guard license, a square decal shall be issued

(C) Boats not under the direct operation of an Outfitter and Guide or employee of an Outfitter and Guide are exempt from the decal requirement. Boats operated exclusively by the client of an Outfitter and Guide are exempt from the decal requirement.

(2) Crew member registration certificate: Upon meeting the registration requirements as outlined in ORS 704 Section 5 of 2025 HB2558, the Marine Board will issue proof of compliance in the form of a registration certificate to the applicant. This registration certificate will contain the applicant's:

(a) Name and address;

(b) Registration number; and

(3) Duplicate Fees:

(a) An Outfitter and Guide or crew member may apply to the Marine Board for a duplicate registration certificate when an original has been lost, stolen or mutilated;

(b) A duplication fee of $20.00 shall be paid for each replacement requested.

(4) The Outfitter and Guide and crew member registration certificate shall be carried at all times while providing outfitting or guiding services and shall be presented to any peace officer upon demand.

History

Statutory/Other Authority: ORS 704.500, ORS 704.020 & ORS 704.060
Statutes/Other Implemented: ORS 704.021 & ORS 704.060
OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025
OSMB 15-2018, amend filed 12/03/2018, effective 01/01/2019
OSMB 2-2018, amend filed 02/13/2018, effective 03/01/2018
OSMB 17-2016, f. 11-2-16, cert. ef. 1-1-17
OSMB 15-2011, f. & cert. ef. 11-1-11

Or. Admin. R. 250-016-0041 Non-Resident Hunt Tag Program

(1) An Outfitter and Guide seeking to participate in the Oregon Department of Fish and Wildlife allocation of non-resident tags for Outfitter and Guides established under ORS 496.151 must be certified.

(2) To apply for the Non-Resident Hunt Tag Program, an Outfitter and Guide, must:

(a) Be a currently registered Outfitter Guide in good standing by the Oregon State Marine Board. In order to be considered in good standing the applicant must:

(A) Have no prior Outfitter Guide registration suspension, revocation or denial, or wait three years past the expiration date of the last suspension, revocation or denial, and

(B) Have no prior conviction for a fish and wildlife offense for taking a game mammal in any state, or wait one year past the expiration date of the last conviction, and

(b) Provide verification that they have three (3) years hunting experience working as a registered Outfitter and Guide in Oregon.

(c) Pass a written examination on the Outfitter and Guide program and Oregon Department of Fish and Wildlife laws and rules. The passing score is (75) seventy five percent.

(A) If the applicant fails the test, they may retake it after a thirty (30) day waiting period.

(B) If the applicant fails it a second time, the hunting certification for that year will be denied.

(C) Previous program participants with a lapse of Outfitter Guide registration of five years or longer are required to reapply and retake the test.

(3) Hunt Tag Program Certification Fees:

(a) A nonrefundable $150.00 certification application fee.

(b) An annual application renewal fee of $50.00.

(4) As a Non-Resident Hunt Tag Program participant:

(a) Certification may be denied for the following situations and time periods:

(A) Participants receiving an Outfitter Guide conditional status will be denied certification for one year.

(B) Convictions of a fish and wildlife offense for taking a game mammal in any state, illegal transfer of tags, or drawing tags without appropriate permits will result in the following:

(i) One year denial of certification for first offense;

(ii) Five years denial of certification for second offense; and

(iii) Lifetime denial of certification for third offense.

(b) Program participants shall be held responsible for their employees’ actions while under their direction or supervision. Any employee convicted of a fish and wildlife offense for taking a game mammal in any state may result in the following:

(A) Employer receives a written warning for first offense;

(B) Employer receives one year program conditional status for second offense within 10 years; and

History

Statutory/Other Authority: ORS 704.020, ORS 704.060 & ORS 704.500
Statutes/Other Implemented: ORS 704.060
OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025
OSMB 15-2018, adopt filed 12/03/2018, effective 01/01/2019

Or. Admin. R. 250-016-0045 Registration Requirements

(1) Registration Renewal:

(a) The Marine Board will notify all registered Outfitter and Guide and crew members, in writing, no later than thirty (30) days in advance of the impending registration expiration.

(b) The notification will include instructions for registration renewal and identify the required forms.

(2) Registration Cancellation:

(a) An Outfitter and Guide or crew member registration will be cancelled upon notification from an insurance company that such Outfitter and Guide’s required insurance has been suspended or cancelled.

(b) The Marine Board will give written notice to such Outfitter and Guide and their crew member(s) of the effective date of such insurance suspension or cancellation.

(c) The affected Outfitter and Guide and crew member(s) shall, within ten working days of receipt of such registration suspension or cancellation notice, return the previously issued Outfitter and Guide or crew member's identification card(s) to the Marine Board.

(3) Registration Reinstatement:

(a) A previously cancelled Outfitter and Guide or crew member registration will be reinstated upon receipt of notification (certificate of insurance) from an insurance company.

(b) The Marine Board will return the previously surrendered Outfitter and Guide or crew member identification card(s) and they will remain effective for the unexpired duration of its issuance.

History

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.020 & ORS 704.050
OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025
OSMB 15-2011, f. & cert. ef. 11-1-11

Or. Admin. R. 250-016-0050 Process to Reprimand an Outfitter and Guide or Crew Member or Suspend, Revoke, or Deny a Registration

(1) The Marine Board, with input from the Guide Advisory Committee, will monitor application of statute and rule and modify, as recommended, to encourage high standards of ethical conduct, customer service, safety and natural resource protection.

(2) The Marine Board Director will notify the outfitter and guide or crew member by registered letter of the agency’s decision to reprimand, suspend, revoke or deny for a period of up to 60 months the registration of an outfitter and guide or crew member for conduct noted in ORS 704.040(4)(5)(6).

(3) For the purpose of ORS 704.040(4)(a), convictions related to the provisions of services regulated by this chapter would be criminal offenses under ORS 163, 166, or 475.

(4) For the purpose of ORS 704.040(4)(b)and(4)(c), serious and repeated violation shall be defined by OAR 250-016-0020.

(5) The Marine Board may issue conditional registrations contingent on the Outfitter and Guide or crew member not having any violations or convictions as defined in this section for a period of twenty-four (24) months from issue.

(6) The Marine Board may seek advice from the Guide Advisory Committee prior to taking action under 250-016-0050(2), and will provide an annually summary report to the Guide Advisory Committee of all said action.

(7) Any actions taken under 250-016-0050(2) that are not reversed through a contested case hearing shall be made a part of the public record.

History

Statutory/Other Authority: ORS 704.500 & ORS 704.040
Statutes/Other Implemented: ORS 704.040
OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025
OSMB 15-2018, amend filed 12/03/2018, effective 01/01/2019
OSMB 10-2018, minor correction filed 07/19/2018, effective 07/19/2018
OSMB 7-2015, f. 6-26-15, cert. ef. 7-1-15
OSMB 15-2011, f. & cert. ef. 11-1-11

Or. Admin. R. 250-016-0055 Contested Case Hearings

The Marine Board will accord opportunity for a hearing as provided in ORS 183.310 to 183.550. The Marine Board has adopted the current edition of the Attorney General's Model Rules of Procedure, as referenced in OAR 250-001-0005.

History

Statutory/Other Authority: ORS 704.500 & 704.040
Statutes/Other Implemented: ORS 704.035 & 704.040
OSMB 15-2011, f. & cert. ef. 11-1-11

Or. Admin. R. 250-016-0060 Outfitter and Guide Ethical and Professional Standards

(1) All Outfitter and Guides shall:

(a) Make every effort to operate with respect for the rights of others, private and public property, and provide for the health, safety, and well-being of their clients, employees, and the general public;

(b) Provide services on public land in a manner such that they do not interfere with the general public access to public land or waterways or access to wildlife on public land;

(c) Leave clean camps, striving to maintain the environment in as good or better condition than before and dispose of all garbage, debris, and waste in a proper, approved manner;

(d) Cooperate with Federal, State, and local fish and wildlife officials; advise clients of all applicable conservation standards, fish and game laws, license requirements, statutes and regulations and not condone their violation;

(e) Not use any illegal drug, or use alcohol, or any other drug or substance, that may be in violation of ther user's federal credentials, or to the extent that the use impairs the user physically or mentally while engaged by a client;

(f) Not violate any law, rule, or policy of the Oregon Department of Fish and Wildlife concerning the certification of residents and nonresidents for procuring hunting and fishing licenses;

(g) Not engage in fraud, deceit, misrepresentation, slander, or concealment of any material fact in advertising, soliciting, social media postings, or providing professional services to members of the public;

(h) Provide any animal used in the conduct of business with proper food, water, and shelter and not subject any animal to needless abuse or cruel and inhumane treatment;

(i) Not solicit clients or another Outfitter and Guide while client is engaging in an outfitting activity;

(j) Promptly refund deposits paid by participants upon request if such deposits are due to the participant in accordance with the Outfitter and Guide’s written deposit refund policy;

(k) Not substantially breach a contract with any person using guiding services of the Outfitter and Guide;

(l) Treat clients, employees, and the general public in a fair and professional manner.

(2) It is unprofessional and unethical to have an Outfitter and Guide registration, license, permit or certificate suspended, revoked, canceled, or denied by another state or by an agency of the United States.

History

Statutory/Other Authority: ORS 830.110 & ORS 704.040
Statutes/Other Implemented: ORS 704.040
OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025
OSMB 15-2011, f. & cert. ef. 11-1-11

Or. Admin. R. 250-016-0065 Surety Bond

(1) Outfitter and Guides who collect deposits in excess of $100.00 per person for a trip are required to furnish proof of a $5,000.00 surety bond or a fully-executed Letter of Credit issued by a financial institution licensed to do business in Oregon in the amount of $5,000.00.

(2) Proof shall consist of a fully executed Surety Bond or a Letter of Credit.

History

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.020
OSMB 15-2011, f. & cert. ef. 11-1-11

Or. Admin. R. 250-016-0070 Requirements of Recreational Activities

(1) An “Outdoor Recreational Activity” as defined in ORS 704.010(5)(a) begins at the time the Outfitter and Guide provides direct service to the client. This time period excludes any preparation activities by the Outfitter and Guide including transportation of equipment.

(2) The Outfitter and Guide and client will complete a written and signed contract outlining the packing services the Outfitter and Guide will provide a client to a drop camp. These services will include but are not limited to:

(a) Transportation of the client and equipment to and from the drop camp;

(b) A basic description of the drop camp, camp amenities and equipment provided;

(d) Maintaining regular communication with client via cell or satellite telephone or other communication device and be ready to provide services, as needed;

(e) Other services the Outfitter and Guide and client agree upon.

(3) The Outfitter and Guide and client will complete a written and signed contract outlining the packing services the Outfitter and Guide will provide in an Outfitter and Guide Hunt. These services will include but are not limited to:

(a) The physical accompaniment of the client in the field by the registered Outfitter and Guide or the employee(s) of the registered Outfitter and Guide during the hunt.

(b) Transportation of the client and equipment to and from the camp site;

(d) Pack-out of harvested game animal and gear;

(e) Maintaining regular communication with client via cell or satellite telephone or other communication device and be ready to provide services, as needed;

(f) Other services the Outfitter and Guide and client agree upon.

History

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.040
OSMB 15-2011, f. & cert. ef. 11-1-11

Or. Admin. R. 250-016-0075 Safety and Equipment Requirements for Whitewater River Outfitter and Guides

(1) Registered Outfitters and Guides who carry passengers for compensation are required to have all crew members, employees and passengers wear a properly secured personal flotation device on those sections of river that are rated Class III or higher on a commonly accepted scale of river difficulty.

(2) The personal flotation devices used by outfitters and guides must:

(a) Be approved by the U.S. Coast Guard as a wearable personal flotation device.

(b) Not have a limitation or restriction on its approval that would prevent its use on whitewater rivers.

(3) A Guide Boatsman Trainee may operate a boat to transport equipment and gear, but not passengers for compensation, on those sections of rivers rated as Class III or higher. The Guide Boatsman must be either a registered Outfitter and Guide, or a listed employee of a registered Outfitter and Guide.

(4) To meet requirements of ORS 704.070(1)(e), helmets made available to passengers must meet the CE EN (European Committee for Standardization) 1385 standard. Helmets are considered to be available when the Outfitter and Guide:

(a) Sells or rents helmets, or otherwise causes the availability of helmets, at or near the watercraft rental location; or

(b) Provides notification to potential customers that Class III or higher waters will be encountered and allows the customer to decline the offer of a helmet verbally or in writing, or to otherwise obtain a helmet for use during the activity.

History

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.070
OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025
OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020
OSMB 11-2019, amend filed 11/26/2019, effective 01/01/2020
OSMB 3-2017, amend filed 12/04/2017, effective 01/01/2018
OSMB 15-2011, f. & cert. ef. 11-1-11

Or. Admin. R. 250-016-0076 Safety and Equipment Requirements for Non-Boating Guides

(1) All non-boating Outfitter and Guides shall possess the following safety equipment while performing guiding services:

(a) First aid kits shall be in accordance with Title 29 Code of Federal Regulations (CFR) 1910.151, American National Standard (ANSI) Z308.1-2015, as established on 01/01/2016, or the National Outdoor Leadership (NOLS) Med Kit 2.0 as listed on 03/21/2017.

(A) First aid kit contents shall be based on the guide’s training, group size and shall be appropriate for the activity provided.

(B) First aid kits must be stored in a box or container and clearly marked as “First-Aid Kit.”

(b) A communication device capable of sending an emergency distress signal and appropriate for the area of operation.

(A) Personal Location Beacon (PLB);

(B) Satellite Telephone;

(D) Cellular Telephone

(2) If operating in a wilderness area a guide shall have a functioning global positioning device and topographical maps appropriate for the area of operation.

(3) For groups with multiple guides, the above requirements may be met by possession one first aid kit, one emergency communication device and one global positioning device per group.

History

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.500
OSMB 3-2017, adopt filed 12/04/2017, effective 01/01/2018

Or. Admin. R. 250-016-0077 Safety and Equipment Requirements for Inland Outfitter and Guide Boats

(1) Boats operating on sole state waters shall not exceed designed seating capacity unless certified by a United States Coast Guard Certificate of Inspection, the National Association of Marine Surveyors (NAMS) or the Society of Marine Surveyors (SAMS). The seating capacity will include the total number of passengers and crew.

(2) Each boat shall carry on board an approved first aid kit.

(b) First aid kits shall be based on the guide’s training and shall be appropriate for the activity and environment.

(d) Non-motorized boats traveling in a group, the above requirement may be met by possessing one first aid kit.

(3) Each boat must possess and have readily available one wearable personal flotation device of the appropriate size for each passenger and crew.

(a) Each boat carrying five or more passengers shall have one spare wearable personal flotation device. Boats less than 17 feet in length are exempted from this requirement.

(A) Be approved by the U.S. Coast Guard as a wearable personal flotation device that is suitable for use on whitewater rivers.

(B) Not have a limitation or restriction on its approval that would prevent its use on whitewater rivers.

(4) Each boat must possess a readily accessible throwable personal flotation device, life ring or throw bag with 40 feet of line.

(5) Each boat shall have an effective means of dewatering.

(a) Motorized boats shall have on board an adequate fixed power bilge pump, a bilge alarm, and a bailing bucket or manual bilge pump per Title 46 CFR 182.520 as established on 01/01/2016.

(b) Motorized boats of open construction where the bilge is readily visible, a fixed power bilge pump and bilge alarm are not required.

(d) Non-motorized boats of self-bailing design and boats with watertight closures are exempt from this requirement.

(6) Each motorized boat shall have on board no less than one fire extinguisher in each operating station, machinery space, accommodation space and galley, pantry or concession per the table on Title 46 CFR 25.30-20 as established on 01/01/2016.

(7) Each boat shall carry a communication device capable of sending an emergency distress signal and shall be appropriate for the area of operation.

(a) Acceptable devices include but are not limited to:

(A) Personal Locator Beacon;

(B) Satellite Telephone;

(D) Cellular Telephone.

(b) For non-motorized boats traveling in a group, the above requirement may be met by possessing one communication device.

(8) Each motorized boat shall be equipped with a suitable magnetic compass designed for marine use.

(9) All boats are required to have one spare oar or paddle capable of maneuvering the boat on board.

(a) Non-motorized boats less than 17 feet in length are exempt from this requirement.

(b) For non-motorized boats 17 feet or longer traveling in a group, the above requirement may be met by the group possessing one spare oar or paddle per group.

(10) All closed compartments containing personal flotation devices, first aid kits and fire extinguishers shall be clearly labeled with their content, as follows:

(a) One inch high block letters indicating what the compartment contains;

(b) Be of a color that will contrast with the color of the background, and

(11) Each motorized boat shall be equipped with a sound signaling appliance. The appliance shall be a horn, bell or whistle capable of making an efficient sound.

History

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.070
OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020
OSMB 3-2017, adopt filed 12/04/2017, effective 01/01/2018

Or. Admin. R. 250-016-0080 Reciprocity Provisions for Outfitters and Guides on the lower Columbia River downstream of the bridge at Longview — Rainier

(1) The purpose of this rule is to give outfitters and guides operating on the lower Columbia River downstream of the Lewis and Clark Bridge at Longview — Rainier the opportunity to share in the reciprocity between Oregon and Washington regarding the licensing of charter vessels. Reciprocity avoids the conflict, confusion and difficulty of attempting to find the exact location of the state boundary in or on the waters of the Columbia River downstream of the bridge at Longview — Rainier while operating on the lower Columbia River.

(2) ORS 830.435(2) allows persons with a license or registration issued by the State of Washington to engage in the business of carrying passengers for hire for angling, sightseeing or other recreational purposes in Oregon ocean waters north of Cape Falcon or in the Columbia River as long as the State of Washington maintains provisions that allow vessels with an Oregon charter guide registration to engage in these activities in Washington ocean waters south of Leadbetter Point and in the Columbia River.

(3) The Revised Code of Washington RCW 77.65.010(3) provides authority for reciprocity between Washington charter boat licenses and equivalent Oregon licenses on the Columbia River, if the director of the Washington Department of Fish and Wildlife identifies what Oregon licenses are equivalent to a Washington charter boat license, and if Oregon recognizes as valid the equivalent Washington license.

(4) ORS 704.025(1) provides that the State Marine Board may adopt rules that exempt persons possessing a valid Washington license, permit or registration from the outfitter and guide registration required under Chapter 704, if the Board determines the license, permit or registration requirements of Washington are comparable to those of Oregon. Washington has decided to grant reciprocity to Oregon Ocean Charter boats on the lower Columbia River (WAC 220-20-005).

(5) The Marine Board finds that a Washington charter license issued under RCW 77.65.150 is comparable to an Oregon Ocean Charter license and a charter guide registration for the carrying of passengers for hire for angling purposes on the lower Columbia River downstream of the Lewis and Clark bridge at Longview-Rainier.

(6) The reciprocity provisions of this rule, and those of the State of Washington, do not authorize the launching, pick-up or discharge of passengers for any purpose in a state other than the state where the outfitter and guide is registered or charter vessel is licensed.

History

Statutory/Other Authority: ORS 704.500 & 704.025
Statutes/Other Implemented: ORS 704.025
OSMB 4-2014, f. & cert. ef. 1-15-14
OSMB 15-2011, f. & cert. ef. 11-1-11

Or. Admin. R. 250-016-0085 Reciprocity Provisions for Outfitters and Guides on the Columbia River upstream of the bridge at Longview-Rainier

(1) The purpose of this rule is to give outfitters and guides operating on the Columbia River upstream of the Lewis and Clark bridge at Longview-Rainier the opportunity to share in reciprocity between Oregon and Washington regarding the registration of outfitters and guides. Reciprocity avoids the conflict, confusion and difficulty of attempting to find the exact location of the state boundary in or on the waters of the Columbia River upstream of the bridge at Longview-Rainier while operating on the Columbia River.

(2) ORS 704.025(1) provides that the State Marine Board may adopt rules that exempt persons possessing a valid Washington license, permit or registration from the outfitter and guide registration required under Chapter 704, if the Board determines the license, permit or registration requirements of Washington are comparable to those of Oregon. Washington has decided to grant reciprocity to Oregon Outfitters and Guides on the upper Columbia River (WAC 220-20-005(3)).

(3) The State Marine Board finds that a Washington Professional Salmon Guide License under RCW 77.65.370 or a Washington Professional Game Fish License under RCW 77.65.480(3) is comparable to an Oregon Outfitter and Guide registration for the carrying of passengers for hire for angling purposes on the Columbia River upstream of the Lewis and Clark bridge at Longview-Rainier.

(4) Oregon grants reciprocity for Washington fishing guides on the Columbia River upstream of the Lewis and Clark Bridge at Longview-Rainier, provided the Washington Department of Fish and Wildlife adopts regulations that provide the same reciprocity for Oregon Outfitters and Guides.

(5) The reciprocity provisions of this rule and those of the State of Washington do not authorize the launching, pick-up or discharge of passengers for any purpose in a state other than the state where the outfitter and guide is registered or licensed.

History

Statutory/Other Authority: ORS 704.500 & 704.025
Statutes/Other Implemented: ORS 704.025
OSMB 15-2011, f. & cert. ef. 11-1-11

Or. Admin. R. 250-016-0090 Guide Advisory Committee; Charter Representation

(1) The Guide Advisory Committee (GAC) shall be composed of eight members from seven active organizations that represent or include licensed outfitters and guides.

(2) Two GAC members shall be from the organization of outfitters and guides with the most documented members active at the time of appointment.

(3) An active organization is one that:

(a) Convened and recorded at least one meeting of the general membership in the previous 12 month period;

(b) Has a verifiable roster of members that includes currently registered outfitters and guides; and

(4) Members shall represent outfitters and guides but do not need to be a currently licensed outfitter and guide.

(5) GAC members shall serve no more than two consecutive four-year terms.

(6) Vacancies shall be filled through a process described by a GAC charter agreement and will include a process to limit annual turnover to less than half the GAC.

(7) One of the three public members selected by the Board for the GAC may represent charter boats as defined in ORS 830.430.

(8) The GAC will be chaired by a non-voting employee of the Oregon State Marine Board.

(9) The GAC will have no fewer than two meetings annually; timing will be determined through GAC charter agreement.

History

Statutory/Other Authority: ORS 830.110 & 704.500
Statutes/Other Implemented: ORS 704.525
OSMB 4-2014, f. & cert. ef. 1-15-14

Or. Admin. R. 250-016-0095 Civil Penalties, Procedures

(1) When the State Marine Board proposes to impose a civil penalty for failure to comply with ORS 704.020, 704.021, 704.065, or 704.070, or for violation of ORS 704.030, the penalty shall be imposed pursuant to ORS 183.745.

(2) If a hearing is requested, the hearing shall be conducted as a contested case hearing through the Office of Administrative Hearings pursuant to the applicable provisions of ORS 183.411 to 183.470.

(3) A Marine Board employee is authorized to appear on behalf of the Marine Board in a hearing or in a class of contested hearings as provided by OAR 250-001-0035.

History

Statutory/Other Authority: ORS 183 & 704
Statutes/Other Implemented: ORS 183 & 704
OSMB 17-2016, f. 11-2-16, cert. ef. 1-1-17

Or. Admin. R. 250-016-0100 Schedule of Civil Penalties

(1) Penalties for first violations of ORS 704.020, 704.021, 704.030, or 704.065 are $400 per violation.

(2) The penalty for the first violation of 704.070 is $500.

(3) Penalties for violations of ORS 704.020, 704.021, 704.030, or 704.065, when a person has previously been found guilty of a violation of ORS 704.020, 704.021, 704.030, or 704.065, are $800 per violation.

(4) The penalty for a violation of 704.070, when a person has previously been found guilty of a violation of ORS 704.020, 704.021, 704.030, 704.065, or 704.070, is $1000.

History

Statutory/Other Authority: ORS 704.500 & ORS 704.900
Statutes/Other Implemented: ORS 704.900
OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025
OSMB 17-2016, f. 11-2-16, cert. ef. 1-1-17

Division 17 ADOPT-A-RIVER PROGRAM

Or. Admin. R. 250-017-0000 Purpose

The purpose of this program is to provide volunteers an opportunity to remove litter and invasive species to improve the quality of the waters of this state in accordance with ORS 830.055.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.055
OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12
MB 1-1994, f. & cert. ef. 2-23-94

Or. Admin. R. 250-017-0010 Scope

Any applicant or person, as defined by ORS 174.100(4), may adopt a section of the rivers and waterbodies of this state for the purpose of picking up and removing litter and invasive species.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.055
OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12
MB 1-1994, f. & cert. ef. 2-23-94

Or. Admin. R. 250-017-0020 Definitions

As used in these rules:

(1) An "applicant" is an individual or individuals, group, corporation, company, business, partnership, adopting a section of river or waterbody.

(2) A "spokesperson" is one individual with the authority to speak on behalf of the applicant.

(3) A "participant" is an individual or member performing work on the river or waterbody as a representative of the applicant.

(4) “Invasive Species” are noxious weeds identified by the Oregon Department of Agriculture in OAR chapter 603, division 052 “Quarantine; Noxious Weeds” or the appropriate county governing body as described in ORS 569.

(5) “Litter” is any improperly discarded item including but not limited to wastepaper, garbage, cigarette butts, tires or appliances.

(6) “Director” is the Director of the State Marine Board or the appointed representative or organization administering the Adopt-A-River Program.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.055
OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12
MB 1-1994, f. & cert. ef. 2-23-94

Or. Admin. R. 250-017-0030 General Requirements

(1) The spokesperson must submit a written application to the Director requesting to adopt a river or waterbody and identifying the intended scope of work.

(2) An "Adopt-a-River" adoption will be executed between the spokesperson and the Director. The adoption will list the specific requirements and obligations of both the applicant and the Director.

(3) The section of river or waterbody being adopted shall be at least two miles in length for litter pickup work and can include shorelines of lakes and reservoirs. If unique situations exist then this requirement may be altered if approved by the Director.

(4) The term of the adoption will be for a period of at least two years.

(5) If more than one applicant requests the same section of waterbody, the Director may make the selection by earliest date of application or by a drawing.

(6) Assignment of a specific section of waterbody shall be at the discretion of the Director.

(7) The Director may consider factors such as land ownership, sensitive resource values, congestion, and size of waterway in determining which rivers or waterbody sections will be eligible for this program.

(8) Subcontracting or assigning the adopted section by the applicant is prohibited and will result in cancellation of the adoption.

(9) The Director may cancel an adoption for any reason including, but not limited to safety considerations, failure of the applicant to perform and failure of the applicant or its participants to comply with provisions of the adoption. This cancellation will be issued in writing.

(10) The spokesperson may cancel the adoption with 30 days written notice to the Director.

(11) A spokesperson has the option of renewing the adoption for subsequent terms, subject to the approval of the Director.

(12) The Director shall not issue an adoption under this program to any applicant whose objectives and values are determined to be inconsistent with the public interest and the Marine Board's charge and responsibilities under Oregon law. To make this determination, the Director will rely on:

(a) Oregon Marine Board published mission;

(b) All of the information provided in the application and any other information considered to be common knowledge of the general public in the geographic area of the waterbody section to be adopted and;

(c) Information which may be requested of the applicant by the Director. This information may include bylaws, articles of incorporation, or literature of the applicant. Failure to provide such information upon request may be grounds for denial of an adoption.

(13) If the intended scope of work, as identified on the written application, includes the removal of invasive species, the applicant must also complete a noxious weed removal plan and have it approved by the Director prior to the beginning of any invasive species removal work.

(a) A noxious weed removal plan shall include permission by a landowner for a project to proceed, the species of plant to be removed, the proposed project location, the method of removal, the timing and frequency of removal, how plant material will be disposed of and how any equipment used during the project will be decontaminated to prevent the spread of noxious weeds.

(b) Plans must be completed with direction from one of the following technical assistance agencies:

(A) Oregon Department of Agriculture;

(B) County Weed Control District;

(D) Another qualified technical assistance agency or business pre-approved by the Director.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.055
OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12
MB 1-1994, f. & cert. ef. 2-23-94

Or. Admin. R. 250-017-0040 Applicant and Participant Responsibilities

(1) Each participant will be required to execute a liability release form reflecting their awareness and acknowledgement of the potentially hazardous nature of the work involved.

(2) Each participant will be required to comply with and abide by all laws, rules, and regulations relating to safety and use of rivers and waterbodies, and such other terms and conditions as may be required by the Director for special conditions on a particular adopted waterbody section. Individual participants may be excluded from participation or the adoption cancelled, at the discretion of the Director for violation of this section.

(3) Adult supervision is required. Participation by or presence at the work site of individuals under 18 years of age without adult supervision is not permitted.

(4) Each applicant is required to conduct at least one safety meeting per year to inform each participant concerning personal, group and water safety. Each participant is required to attend a safety briefing before participating in the actual work.

(5) Each applicant is required to pick up litter a minimum of once a year. More frequent pick up is permissible.

(6) Each applicant will be responsible for appointing or selecting a spokesperson. The spokesperson's responsibilities include assuring compliance by participants with safety procedures, proper participant clothing and footwear, proper parking of vehicle(s), providing a first-aid kit and adequate drinking water, and arranging transportation of the participants to and from the work site.

(7) Each participant will be responsible for placing litter in trash bags furnished by the Director. The applicant will be responsible for removal of the filled bags and proper disposal. The applicant agrees to coordinate their litter pickup activity with the designated managing agency if another federal, state or local agency is party to the agreement.

(8) If removal of large or heavy items from a river or waterbody is required then prior approval from the Director must be granted to the applicant before such items are removed.

(9) If the noxious weed removal plan is approved and a removal activity is scheduled then an applicant is required to:

(a) Implement the frequency schedule agreed upon in the conditions of the approved noxious weed removal plan;

(b) Review the approved noxious weed removal plan elements with participants;

(c) Follow the procedures identified within the approved noxious weed removal plan when removing noxious weeds from the site; and

(d) Confirm proper identification of noxious weeds as outlined in 250-017-0030(13) prior to removal.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.055
OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12
MB 1-1994, f. & cert. ef. 2-23-94

Division 18 PROCEDURES FOR IMPLEMENTING MANDATORY BOATING SAFETY EDUCATION PROGRAM

Or. Admin. R. 250-018-0010 Definitions

As used in this Division the following definitions apply:

(1) "Approved Course Provider" is any individual or organization who instructs or provides a National Association of State Boating Law Administrators (NASBLA) approved classroom course, Equivalency Exam, or Internet Course and has been approved by the Oregon State Marine Board.

(2) "Boating Safety Education Card" is the physical or digital card issued by the Marine Board which certifies that the person named on the card has passed a Boating Safety Education Course and is authorized to operate a boat with a motor greater than 10 horsepower in Oregon under ORS 830.082 to 830.096 when capable of presenting the card to a Peace Officer upon request.

(3) "Boating Safety Education Course" is any NASBLA approved course of instruction that is offered by an Approved Course Provider and concludes with an examination containing at least 50 questions including a minimum of 10 specific questions about Oregon boating laws.

(4) "Correspondence Course and Self-Test" means a Boating Safety Education Course and examination provided by the Marine Board that is taken at home without a proctor. This Correspondence Course and Self-Test will satisfy minimum standard of boating safety education completion only for those individuals who have qualified for hardship status.

(5) "Direct Supervision" as it pertains to ORS 830.088 – ORS 830.090 occurs when a person in possession of a Boating Safety Education Card issued to that person maintains close visual and verbal contact with, provides adequate direction to, and can immediately and lawfully assume control of the boat from the operator.

(a) A person who is not on board the boat, including while engaged in towed watersports, or is in the cabin of a boat is not considered to be providing Direct Supervision.

(b) A youth aged 12 to 15 operating a personal watercraft while training for or competing in a Marine Board-sanctioned event as described in OAR 250-021-0036 is considered to be under Direct Supervision.

(6) "Equivalency Exam" is a comprehensive written examination created by the Marine Board containing at least 75 questions including a minimum of 15 specific questions about Oregon boating laws. The Equivalency Exam is intended to provide experienced boat operators the opportunity to demonstrate the minimum standard of boating safety education without having to take a Boating Safety Education Course.

(7) "Hardship" means a situation or condition that prevents an individual from attending a Boating Safety Education Course, completing an approved Internet Course, or taking an Equivalency Exam in person within a reasonable amount of time or within close proximity to the individual's place of residence. A hardship situation may allow an individual to utilize a Correspondence Course and Self-Test provided by the Marine Board to meet the minimum standard of boating safety education. The Marine Board director or the director’s designee has the authority to grant or deny hardship status.

(8) "Internet Course" is any NASBLA-approved Boating Safety Education Course of instruction that is offered through the internet by an Approved Course Provider and concludes with an examination containing at least 75 questions including a minimum of 15 specific questions about Oregon boating laws.

(9) "Minimum Standard of Boating Safety Education" means a standard of proficiency established by the Marine Board based on the standards set by NASBLA that determine whether an applicant for a Boating Safety Education Card has met or exceeded the requirements of a boating safety education classroom course, Equivalency Exam, Internet Course, or Correspondence Course and Self-Test.

(10) “Motorboat loading weight” is the sum of the factory-specified dry gross weight of the motorboat and the factory-specified maximum factory ballast capacity of the motorboat.

(11) “National Association of State Boating Law Administrators (NASBLA)” is a national, nonprofit 501(c)(3) association of the recreational boating safety administrators from each state and territory in the United States.

(12) “NASBLA-approved Course” is a boating education course developed by following the American National Standards Institute (ANSI) standards. Such courses are nationally recognized and adopted by NASBLA.

(13) "Proctor" is an individual who is a member of the U. S. Coast Guard Auxiliary, U.S. Power Squadron, Marine Patrol, or other public safety organization or whose organization has been approved by the Marine Board to administer an Equivalency Exam. A "proctor" may also be a Marine Board staff member or a public official such as a librarian or community college instructor who has been approved by the Marine Board to administer an Equivalency Exam.

(14) "Proof of Completion" is a document verifying that an individual has achieved the minimum standard for boating safety education competency as determined by the Marine Board.

(15) "Temporary Boating Safety Education Card" is a physical or digital document issued by the Marine Board or an Approved Course Provider allowing the bearer to operate a motorboat with a motor greater than 10 horsepower in Oregon for a period not to exceed 30 days.

(16) “Towed watersports” means activities that involve being towed by a vessel such as, but not limited to, water skiing, wakeboarding, and tubing, as used in ORS 830.643, ORS 830.649, and this division.

(17) “Towed Watersports Education Card” is the endorsement issued by the Marine Board that certifies that the person named on the card has established proof of competency and is authorized to engage in towed watersports on the Willamette River between river miles 26.6 and 55.

(18) “Towed watersports boat decals” are the set of two decals issued by the Marine Board to boaters meeting application requirements that must be displayed on a boat engaged in towed watersports on the Willamette River between river miles 26.6 and 55.

(19) "Watercraft Rental Safety Checklist" means the dockside safety checklist referenced in ORS 830.092(1) which is provided by the Marine Board to livery operators.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.082 - ORS 830.096
OSMB 5-2023, amend filed 08/23/2023, effective 08/24/2023
OSMB 4-2022, amend filed 05/03/2022, effective 05/03/2022
OSMB 3-2020, amend filed 01/30/2020, effective 02/03/2020
OSMB 13-2019, amend filed 11/26/2019, effective 01/01/2020
OSMB 12-2019, amend filed 11/26/2019, effective 01/01/2020
OSMB 6-2019, temporary amend filed 07/17/2019, effective 07/17/2019 through 12/31/2019
OSMB 2-2007, f. & cert. ef. 3-21-07
OSMB 1-2007(Temp), f. & cert. ef. 1-9-07 thru 6-30-07
OSMB 3-2003, f. & cert. ef. 3-31-03
OSMB 10-2001, f. & cert. ef. 10-29-01
OSMB 6-2000, f. & cert. ef. 10-30-00

Or. Admin. R. 250-018-0020 Minimum Standards for Boating Safety Education Competency

(1) A person required to possess a Boating Safety Education Card to operate a motorboat in Oregon must demonstrate the following minimum standards for boating safety education:

(a) Successful completion of a Boating Safety Education Course in person and a passing score of at least 70 percent on a written test administered at the conclusion of the course by the instructor; or

(b) A score of at least 70 percent on a proctored Equivalency Exam. Individuals may take the Equivalency Exam no more than once within any 30-day period; or

(c) A score of at least 80 percent on a Correspondence Course and Self-Test provided by the Marine Board to individuals qualifying for hardship status; or

(d) A score of at least 80 percent on a test associated with an Internet Course;

(2) Suitable evidence of achieving the minimum standard for boating safety education completion may include:

(a) A certificate of completion issued by the U.S. Power Squadrons, U.S. Coast Guard Auxiliary, Marine Board or other Approved Course Provider; or

(b) A certificate of completion issued by a proctor stating that the individual passed the Equivalency Exam with a score of 70 percent or better; or

(c) A certificate of completion issued by the Oregon State Marine Board stating the individual passed a correspondence course and self-test and exam with a score of 80 percent or better; or

(d) A certificate of completion issued by an approved Internet Course provider stating that the individual passed the Internet Course with a score of 80 percent or better; or

(e) A certificate, card, or other official document issued by another state or Canada that is equivalent to Oregon's Boating Safety Education Card; or

(f) A U.S. Coast Guard operator's license either valid or expired. The following designations will be accepted: First Class Pilot; Master of Steam or Motor or Auxiliary Sail Vessels of not more than 25, 50, 100, 150, 200, 500, 1600 or any gross tons; Mate of Steam or Motor or Auxiliary Sail Vessels of not more than 25, 50, 100, 150, 200, 500, 1600 or any gross tons; Operator of Uninspected Towing Vessels Commercial Assistance Towing; Operator of Uninspected Passenger Vessels; or

(g) A letter from the unit Commanding Officer/Officer in Charge stating that the individual has achieved certification as a U.S. Coast Guard Crewman or Coxswain or similar classification within other branches of the armed forces; or

(h) In the event the original document establishing proof of completion is not available, a signed statement from an approved-course provider of a boating safety course stating that the individual has successfully completed a boating safety education course or equivalency exam will be accepted by the Marine Board.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.082 - 830.096
OSMB 5-2023, amend filed 08/23/2023, effective 08/24/2023
OSMB 12-2019, amend filed 11/26/2019, effective 01/01/2020
OSMB 2-2007, f. & cert. ef. 3-21-07
OSMB 1-2007(Temp), f. & cert. ef. 1-9-07 thru 6-30-07
OSMB 10-2001, f. & cert. ef. 10-29-01
OSMB 6-2000, f. & cert. ef. 10-30-00

Or. Admin. R. 250-018-0030 Boating Safety Education Card

(1) To obtain a Boating Safety Education Card, a person must provide to the Marine Board:

(a) A completed application on a form provided by the Marine Board;

(b) A copy of a proof of completion document. Proof of completion documents must contain the name of the individual applying for the Boating Safety Education Card. The Marine Board may require the applicant to provide the original document establishing proof of completion if the copy accompanying the application is illegible or the authenticity of the copy is not certain; and

(c) A $20 fee for a Boating Safety Education Card paid in full in a manner determined by the Marine Board and stated on the application form.

(2) A person required to possess a Boating Safety Education Card may use an original proof of completion as a temporary card and may operate a boat for no more than 30 days from date of issue provided the original proof of completion is carried on board the boat.

(3) Boating Safety Education Cards shall contain a unique number that corresponds to the individual named on the card. Boating safety education cards are not transferable.

(4) A person is considered in violation of the provisions contained in ORS 830.730 and subject to the penalties prescribed by law when they:

(a) Provide a false statement or information or assist another person in giving a false statement or information on any application, affidavit, document or statement used to obtain a Boating Safety Education Card, proof of completion of a Boating Safety Education Course, or replacement Boating Safety Education Card; or

(b) Exhibit an altered Boating Safety Education Card or any Boating Safety Education Safety card other than one issued to them to a peace officer; or

(c) Alter a Boating Safety Education Card, proof of completion of a Boating Safety Education Course, or replacement Boating Safety Education Card issued by the Marine Board or its authorized agent; or

(d) Produce or possess an unauthorized replica of a Boating Safety Education Card, proof of completion of a Boating Safety Education Course, or replacement Boating Safety Education Card.

(5) In addition to any penalties that may result from a violation of ORS 830.730, the Boating Safety Education Card of any person who provides a false statement or information or obtains a card to which the person is not entitled is invalid.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.082 - 830.096
OSMB 5-2023, amend filed 08/23/2023, effective 08/24/2023
OSMB 12-2019, amend filed 11/26/2019, effective 01/01/2020
OSMB 10-2001, f. & cert. ef. 10-29-01
OSMB 6-2000, f. & cert. ef. 10-30-00

Or. Admin. R. 250-018-0040 Replacement Boating Safety Education Card

To obtain a replacement or duplicate Boating Safety Education Card, a person must provide to the Marine Board:

(1) A completed application on a form provided by the Marine Board; and

(2) A $16 fee for a replacement or duplicate Boating Safety Education Card paid in full in a manner determined by the Marine Board.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.082 - 830.096
OSMB 5-2023, amend filed 08/23/2023, effective 08/24/2023
OSMB 12-2019, amend filed 11/26/2019, effective 01/01/2020
OSMB 2-2007, f. & cert. ef. 3-21-07
OSMB 1-2007(Temp), f. & cert. ef. 1-9-07 thru 6-30-07
OSMB 6-2000, f. & cert. ef. 10-30-00

Or. Admin. R. 250-018-0060 Watercraft Rental Safety Checklist

(1) Any person who provides boats for rent in Oregon must require that the operator of a rental boat with a motor greater than 10 horsepower show proof of possession of a Boating Safety Education Card or require the boat operator to review and sign a Watercraft Rental Safety Checklist in the presence of the person providing the boat for rent prior to operating the boat.

(a)The bottom portion of the Watercraft Rental Safety Checklist, signed by the livery operator and boat operator, must be carried by the boat operator on the boat and presented to any Peace Officer upon request.

(b)The remaining portion of the Watercraft Rental Safety Checklist must be retained by the livery operator with the records required to be retained by livery operators under ORS 830.415.

(2) The validity of the Watercraft Rental Safety Checklist is limited to the duration of the associated watercraft rental specified in a rental agreement.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.082 - 830.096
OSMB 5-2023, amend filed 08/23/2023, effective 08/24/2023
OSMB 12-2019, amend filed 11/26/2019, effective 01/01/2020
OSMB 2-2009, f. 6-25-09, cert. ef. 7-1-09
OSMB 2-2007, f. & cert. ef. 3-21-07
OSMB 1-2007(Temp), f. & cert. ef. 1-9-07 thru 6-30-07
OSMB 3-2003, f. & cert. ef. 3-31-03
OSMB 6-2000, f. & cert. ef. 10-30-00

Or. Admin. R. 250-018-0080 Exemptions

(1) ORS 830.092(4) states that non-resident boaters will be exempt from carrying an Oregon Boating Safety Education Card if the non-resident operator holds a boating safety education card, certificate or document approved by NASBLA from the state of residency and has the card, certificate, or document in the person’s possession while operating a boat with a motor greater than 10 horsepower in Oregon waters. This exemption applies to non-residents age 12 and older. No one age 11 and under, regardless of residency, may operate a power boat of any horsepower.

(2) In addition to the exemptions granted in ORS 830.092, a person is not required to carry a boating safety education card while operating a seaplane.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.082 - 830.096
OSMB 5-2023, amend filed 08/23/2023, effective 08/24/2023
OSMB 12-2019, amend filed 11/26/2019, effective 01/01/2020
OSMB 2-2007, f. & cert. ef. 3-21-07
OSMB 1-2007(Temp), f. & cert. ef. 1-9-07 thru 6-30-07
OSMB 3-2003, f. & cert. ef. 3-31-03
OSMB 10-2001, f. & cert. ef. 10-29-01
OSMB 6-2000, f. & cert. ef. 10-30-00

Or. Admin. R. 250-018-0090 Fees

(1) The Boating Safety Education Card fee is $20.

(2) The fee for a replacement or duplicate card is $16. The fee is waived for a replacement card if replacement is necessary because of a Marine Board error.

(3) Fees paid to the Marine Board for a Boating Safety Education Card, replacement card, or duplicate card are non-refundable.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.082 - 830.096
OSMB 5-2023, amend filed 08/23/2023, effective 08/24/2023
OSMB 12-2019, amend filed 11/26/2019, effective 01/01/2020
OSMB 2-2009, f. 6-25-09, cert. ef. 7-1-09
OSMB 2-2007, f. & cert. ef. 3-21-07
OSMB 1-2007(Temp), f. & cert. ef. 1-9-07 thru 6-30-07
OSMB 10-2001, f. & cert. ef. 10-29-01
OSMB 6-2000, f. & cert. ef. 10-30-00

Or. Admin. R. 250-018-0100 Approved Course Providers

(1) Individuals and organizations who teach a NASBLA-approved Boating Safety Education Course (i.e. U.S. Coast Guard Auxiliary, U.S. Power Squadron, American Power Boating Association) are considered Approved Course Providers and are not required to get authorization from the Marine Board.

(2) Individuals or private organizations who would like to teach the Oregon State Marine Board’s NASBLA-approved Boating Safety Education Card must apply to the Marine Board to become a volunteer instructor and complete all requirements.

(3) Public safety organizations or government agencies who would like to teach the Oregon State Marine Board’s NASBLA-approved boating safety course must apply with the Marine Board to become Approved Course Providers. Public safety organizations or government agencies may be given approval to screen their own instructors, but must:

(a) Meet with the Marine Board to discuss course outline and materials and

(b) Allow the Marine Board access to their classes for evaluation purposes.

(4) The Marine Board will issue approved individuals an Approved Course Provider number and place them in a database. A list of Approved Course Providers and boating safety courses shall be kept by the Marine Board and made available to the public. This list does not constitute an endorsement of any course or course provider by the Marine Board.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.082 - 830.096
OSMB 5-2023, amend filed 08/23/2023, effective 08/24/2023
OSMB 12-2019, amend filed 11/26/2019, effective 01/01/2020
OSMB 6-2000, f. & cert. ef. 10-30-00

Or. Admin. R. 250-018-0110 Approved Internet Course Providers

(1) Individuals and organizations who wish to provide an approved boating safety education Internet Course must apply to the Marine Board to become an approved internet course provider. To apply, each internet course provider must, in the following order:

(a) Obtain NASBLA approval; and then

(b) Complete and submitthe Marine Board Internet Course provider application and the course to the Marine Board for review.

(2) To meet the Marine Board's internet standards, Internet Course providers must:

(a) Be approved by NASBLA and have a signed Course Provider Contract with NASBLA;

(b) Meet the Oregon Internet Approval Standards provided by the Marine Board;

(c) Write state-specific information consistent with NASBLA Standards. A link to the Marine Board website will not be accepted; and

(d) Providestate-specific questions in accordance with NASBLA Testing Standards.

(3) An Internet Course provider who offers boaters the option to obtain a Boating Safety Education card online must:

(a) Provide the Marine Board compatible electronic data files, as specified by the Marine Board, containing data of individuals who are eligible for a Boating Safety Education Card. Files will be transmitted weekly on a day and in a manner determined by the Marine Board.

(b) Provide the Marine Board weekly deposits on a day determined by the Marine Board;

(c) Provide the Marine Board accounting section weekly reports indicating the cost of the card for each application and the total amount to be paid to the Marine Board;

(d) Provide to the students information regarding security measures that are in place for financial transactions before personal information is exchanged online. All transactions must follow industry security standards.

(4) All promotion materials and products to be used by the Internet Course provider to promote their website must be approved by the Marine Board before publishing and distribution to the public.

(5) An Internet Course provider may charge a fee at the discretion of the Internet Course provider. However, the fee must be clearly communicated to the person prior to take the provider’s Internet Course .

(6) The Marine Board may, upon evidence, place any approved Internet Course provider on probation or remove an approved Internet Course from the Marine Board website for any of the following reasons:

(a) Making false statements, misusing, or misrepresenting the Marine Board, its staff, or policies and procedures; or

(b) Misinforming boaters in advertising, marketing, or publishing efforts; or

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.082 – ORS 830.096
OSMB 5-2023, amend filed 08/23/2023, effective 08/24/2023
OSMB 12-2019, amend filed 11/26/2019, effective 01/01/2020
OSMB 2-2009, f. 6-25-09, cert. ef. 7-1-09
OSMB 2-2007, f. & cert. ef. 3-21-07
OSMB 1-2007(Temp), f. & cert. ef. 1-9-07 thru 6-30-07

Or. Admin. R. 250-018-0200 Towed Watersports Program Fees

(1) The following fees apply to the towed watersports program:

(a) The initial fee for the Towed Watersports Education Card and first set of towed watersports boat decals is $20.

(b) The biennial renewal fee for a Towed Watersports Education Card and first set of towed watersports boat decals is $20.

(d) The fee for each additional set of decals is $15 per boat.

(2) Fees paid to the Marine Board or agent of the Marine Board for Towed Watersports Education Cards and towed watersports boat decals, replacements, or renewals are nonrefundable.

(3) A Marine Board-approved course provider may charge a fee not to exceed $80 to recover costs associated with providing a towed watersports education course or equivalency exam.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.643
OSMB 4-2022, amend filed 05/03/2022, effective 05/03/2022
OSMB 13-2019, adopt filed 11/26/2019, effective 01/01/2020

Or. Admin. R. 250-018-0205 Towed Watersports Education Requirements

(1) A person required to possess a Towed Watersports Education Card must meet the following standards for towed watersports education:

(a) Successful completion of a towed watersports education course and a score of at least 70 percent on a test associated with a Marine Board-approved internet course; or

(b) A score of at least 70 percent on a proctored equivalency exam. Individuals may take the equivalency exam no more than once in a 14-day period.

(2) Suitable evidence of achieving the standard for towed watersports education must contain the name of the individual applying for the Towed Watersports Education Card and towed watersports boat decals, the date of the course completion, and the exam score.

(3) Towed watersports education cards earned from another state will not meet Marine Board standards.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.643
OSMB 4-2022, amend filed 05/03/2022, effective 05/03/2022
OSMB 13-2019, adopt filed 11/26/2019, effective 01/01/2020

Or. Admin. R. 250-018-0210 Towed Watersports Education Card and Boat Decals

(1) To obtain towed watersports education card and boat decals, a person must meet the requirements described in OAR 250-018-0205 and provide to the Marine Board:

(a) A completed application on a form provided by the Marine Board that includes the following information:

(A) Boating Safety Education Card number

(B) Boating Safety Education Card state of issue

(D) Boat registration number(s)

(E) Current boat registration expiration date

(F) Proof of ownership of boat(s)

(b) The fees for a Towed Watersports Education Card and towed watersports boat decals paid in full.

(2) An application for renewal of the Towed Watersports Education Card and towed watersports boat decals shall be made in the same manner as provided in section (1)(b) of this rule.

(3) The applicant may, at the time of application, order additional sets of decals for use on other boats owned by the applicant.

(4) Towed watersports boat decals must be affixed on each side of the vessel on the forward portion of the motorboat, above the waterline, 6 inches towards the bow in front of the registration numbers.

(5) The towed watersports boat decals are non-transferable. If the boat is sold, the boat decals shall be removed from the boat.

(6) The owner of a boat for which towed watersports boat decals have been issued shall notify the Board within 30 days of the transfer or sale of the boat.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.643
OSMB 4-2022, amend filed 05/03/2022, effective 05/03/2022
OSMB 13-2019, adopt filed 11/26/2019, effective 01/01/2020

Division 20 LOCAL AND SPECIAL RULES

Or. Admin. R. 250-020-0005 Applicability of Terms

(1) Notwithstanding any other provision of this division, prohibitions and/or speed limitations, where provided, shall not apply to vessels operated by federal, state or local governments, or their agents having jurisdiction and when operating in the conduct of official business on an otherwise regulated body of water.

(2) The Director may issue special exemption permits to allow limited research, commercial or marine event boat operations in areas closed to motorboat use or otherwise regulated by OAR 250, divisions 20, 21, and 30. These permits shall not be issued for normal recreational boating activities or for operations that can reasonably be carried out without use of a motorboat or within existing motorized restrictions. The Director may condition the permits to minimize the impacts to the waterway and other users.

(3) As used in this division, "towed watersports" means all activities in which one or more persons moves under or upon the surface of the water as a result of being towed by a motorboat or being propelled forward by the wake produced by a motorboat. Equipment used in towed watersports may include but is not limited to water skis, wake surf boards, wakeboards, knee boards, inflatable devices, stand-up paddleboards, and hydrofoils.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
MB 6-1993, f. & cert. ef. 8-16-93
MB 19-1985, f. & ef. 11-22-85
MB 5-1981, f. & ef. 8-31-81

Or. Admin. R. 250-020-0013 Boat Operations in Baker County

(1) Anthony Lake: A person must not use an internal combustion engine to propel a boat.

(2) Balm Creek Reservoir: A person must not use an internal combustion engine to propel a boat.

(3) Brownlee Reservoir: A person must not operate a motorboat in excess of a slow-no wake speed from a point 200 feet upstream of the west launching ramp to a point 200 feet downstream of the east launching ramp at Hewitt County Park.

(4) Higgins Reservoir: A person must not use an internal combustion engine to propel a boat.

(5) Phillips Lake: A person must not operate a motorboat in excess of a slow-no wake speed in the area known as the Union Creek Inlet, beginning at a point approximately 500 feet south of the Union Creek Boat Launching Ramp and proceeding easterly across the inlet to a point on the opposite shore as marked.

(6) Unity Reservoir: A person must not operate a boat below the buoy line near the spillway of Unity Dam.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 5-2006, f. & cert. ef. 7-3-06
OSMB 1-2000, f. & cert. ef. 7-14-00
MB 3-1997, f. & cert. ef. 4-4-97
MB 2-1987, f. 4-20-87, ef. 5-1-87
MB 5-1983, f. 9-13-83, ef. 9-16-83
MB 9-1978, f. & ef. 12-21-78, Renumbered from 250-020-0165
MB 50, f. 4-2-73, ef. 4-15-73
MB 45, f. 8-25-69
MB 26, f. 7-20-64

Or. Admin. R. 250-020-0031 Boat Operations on Lake Oswego in Clackamas County

(1) A person must not moor a boat more than 20 feet from shore and leave it unoccupied, except when secured to a dock.

(2) A person must not operate a boat in excess of:

(a) 6 MPH within 100 feet of the shore, a swimmer, a canoe, or within areas marked by buoys;

(b) 6 MPH through channels, canals, and bridges;

(d) 40 MPH in unrestricted areas during the time period ½ hour before sunrise to ½ hour after sunset.

(3) A person must not operate a paddleboard more than 100 feet from shore or under any bridge.

(4) A person must not moor a boat or raft to any navigation buoy or marker.

(5) A person operating a boat while picking up or standing by a person in the water must completely stop the boat’s motor.

(6) A person operating a boat towing a water skier must:

(a) Operate the boat so that the boat and skier in tow remain 100 feet or more from shore, except when performing a safe take-off or landing. A safe take-off is considered “safe” only when it is accomplished without risk to any swimmers or craft. A safe landing is considered “safe” on Lake Oswego when it is accomplished without risk to any swimmers or craft, the boat remains 100 feet or more from shore, and the skier remains in the area of water bounded by the extended property lines of the property from which the skier is skiing. The red buoys placed at intervals around the lake shall be deemed to mark a distance of 100 feet from shore;

(b) When performing a safe take-off, operate the boat as straight as practicable from shore;

(c) Proceed in a counter clockwise pattern, which is west on the north side of the lake, and east on the south of the lake;

(d) When undertaking a safe take-off or landing, keep as far distant as possible from adjoining docks, floats, and the shoreline;

(e) If a skier falls when more than 50 feet from shore or a float, return at once to the downed skier giving due regard to the safety of any other skiers it may be towing.

(7) A person must not operate a boat behind anyone being towed closer than 300 feet nor cross the towing boat's bow less than 200 feet nor alongside the towed person(s) closer than 100 feet.

(8) A person must not operate a motorboat for the purposes of towed watersports in the following locations:

(a) Under any bridge;

(b) South of the buoy at the entrance to, and within, Blue Heron Bay, except that families living on the Bay may tow surfboards or similar equipment at low speeds;

(c) West of the buoy at the entrance to, and within West Bay, except that families living on the Bay may tow surfboards or similar equipment at low speeds;

(d) On the inlet canal;

(e) On the canal leading from Main Lake to Lakewood Bay;

(f) At the east end of the Main Lake between the buoy and the swim resort;

(g) On Kelok Bay (between Alder and Maple Circles) southwest of buoy at mouth of bay;

(h) West of the buoy at the west end of Lakewood Bay.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 3-2019, amend filed 01/28/2019, effective 02/01/2019
MB 60-1974, f & ef. 7-25-74, Renumbered from 250-020-0012
MB 60-1974(Temp), f. & cert. ef. 7-2-74

Or. Admin. R. 250-020-0033 Boat Operations in Clackamas County

(1) Clackamas River: A person must not operate a motorboat in excess of a slow-no wake speed from the Highway 99 Bridge downstream to the Willamette River from May 1 through October 15.

(2) Molalla River: A person must not use a jet pump drive to propel a boat upstream of the Highway 99 Bridge.

(3) Tualatin River: A person must not operate a boat for the purpose of towed watersports.

(4) North Fork Reservoir:

(a) A person must not use a jet pump drive to propel a boat above a point 2.3 miles upstream of the North Fork Dam.

(b) A person must not operate a motorboat in excess of a slow-no wake speed on that portion of the reservoir north of Highway 224 known as North Arm or within 200 feet of the entrance to North Arm, as marked.

(5) Roslyn Lake: A person must not use a motor to propel a boat.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 5-2021, temporary amend filed 04/30/2021, effective 05/03/2021 through 06/18/2021
OSMB 7-2019, temporary amend filed 07/22/2019, effective 07/22/2019 through 12/31/2019
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
Reverted to OSMB 11-2001, f. & cert. ef. 10-29-01
Temporary suspended by OSMB 7-2014(Temp), f. & cert. ef. 3-13-14 thru 7-31-14
OSMB 6-2014(Temp), f. & cert. ef. 3-10-14 thru 7-31-14
Reverted to OSMB 11-2001, f. & cert. ef. 10-29-01
OSMB 8-2010(Temp), f. 5-6-10, cert. ef. 6-1-10 thru 8-31-10
Reverted to OSMB 11-2001, f. & cert. ef. 10-29-01
OSMB 3-2004(Temp), f. 7-14-04, cert. ef. 7-15-04 thru 8-31-04
OSMB 11-2001, f. & cert. ef. 10-29-01
OSMB 7-2000, f. & cert. ef. 12-1-00
Renumbered from 250-020-0143, MB 21-1987, f. 12-31-87, ef. 1-1-88
MB 6-1978, f. & ef. 7-31-78
MB 2-1978, f. & ef. 4-5-78

Or. Admin. R. 250-020-0041 Boat Operations in Clatsop County

(1) Coffenbury Lake: A person must not operate a motorboat in excess of 10 MPH.

(2) Cullaby Lake:

(a) A person must not operate a motorboat in excess of 10 MPH within the buoyed area at the north end.

(b) A person must not operate a motorboat in excess of a slow-no wake speed within 200 feet of a houseboat.

(3) Knappa Slough: A person must not operate a motorboat in excess of a slow-no wake speed within 200 feet of the Knappa Dock.

(4) Lewis and Clark River: A person must not operate a motorboat in excess of a slow-no wake speed from the mouth at Youngs Bay to the confluence with Green Slough, a distance of approximately 1.8 miles.

(5) Neacoxie (Sunset) Lake: A person must not operate a motorboat in excess of 10 MPH.

(6) Necanicum River: A person must not operate a motorboat in excess of a slow-no wake speed upstream of the First Avenue Bridge in Seaside.

(7) Nehalem River, North Fork: A person must not use a motor to propel a boat upstream of Aldervale (Tillamook County).

(8) Skipanon River: A person must not operate a motorboat in excess of a slow-no wake speed upstream of the slow-no wake sign at the Hampton Mill, including within the Warrenton Small Boat Basin.

(9) Svensen Slough: A person must not operate a motorboat in excess of a slow-no wake speed between the Svensen Island bridge and Bear Creek, as marked.

(10) Warren Slough: A person must not operate a motorboat in excess of a slow-no wake speed.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 1-2017, f. 4-24-17, cert. ef. 5-1-17
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
MB 10-1990, f. & cert. ef. 12-14-90
MB 8-1982, f. 10-13-82, cert. ef. 10-15-82, Renumbered from 250-020-0160
MB 63, f. 11-19-74, cert. ef. 12-11-74
MB 62, f. & cert. ef. 8-14-74 (Temp) & 9-11-74(Perm)
MB 25, f. 6-15-64; MB 43, f. 7-18-69

Or. Admin. R. 250-020-0051 Boat Operations in Columbia County

(1) Clatskanie River: A person must not operate a motorboat in excess of a slow-no wake speed upstream of a point approximately 300 feet north of Beaver Boat Ramp, as marked.

(2) Lake Vernonia: A person must not use a motor to propel a boat.

(3) Sauvie Island Wildlife Area:

(a) A person must not operate a boat within the Sauvie Island Wildlife Area from October 10 to January 20 unless they possess a valid Sauvie Island Hunt Permit. This restriction does not apply to the Gilbert River from a point 100 feet upstream of the Gilbert River Dock downstream to the mouth, as marked.

(b) A person must not operate a motorboat in excess of a slow–no wake speed on any waters within the Sauvie Island Wildlife Area.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
OSMB 7-2001, f. & cert. ef. 7-12-01
OSMB 9-1998, f. & cert. ef. 7-15-98
MB 7-1995, f. & cert. ef. 10-12-95
MB 5-1986, f. & ef. 4-17-86

Or. Admin. R. 250-020-0063 Boat Operations in Coos County

(1) Bradley Lake: A person must not operate a motorboat in excess of a slow-no wake speed

(2) Eel Lake: A person must not operate a motorboat in excess of 10 MPH.

(3) Empire Lakes (Upper, Middle, and Lower): A person must not use an internal combustion engine to propel a boat.

(4) Fahy Lake: A person must not use an internal combustion engine to propel a boat.

(5) Millicoma River, East and West Forks: A person must not use a jet pump drive to propel a boat upstream of Allegany.

(6) New River: From March 1 through September 30, a person must not use an internal combustion engine to propel a boat.

(7) South Slough Estuarine Sanctuary: A person must not operate a motorboat in excess of a slow-no wake speed.

(8) Tenmile Lake, North Tenmile Lake, and Tenmile Creek:

(a) A person must not operate a motorboat in excess of a slow-no wake speed within 300 feet of the entrance to Tenmile Creek or on Tenmile Creek.

(b) A person must not operate a motorboat in excess of a slow-no wake speed on the North Lake Canal between North Tenmile and Tenmile Lake, or within 200 feet of each entrance to the canal, as marked.

History

Statutory/Other Authority: ORS 830.175 & ORS 830.110
Statutes/Other Implemented: ORS 830.175, ORS 830.110 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 4-2004, f. & cert. ef. 7-14-04
OSMB 5-2001, f. & cert. ef. 3-29-01
MB 1-1991, f. & cert. ef. 3-22-91
MB 10-1986, f. 7-29-86, ef. 8-1-86
MB 3-1983, f. & ef. 6-1-83

Or. Admin. R. 250-020-0074 Boat Operations in Crook County

(1) Ochoco Reservoir:

(a) A person must not operate a motorboat in excess of a slow-no wake speed:

(A) Within 200 feet of shore;

(B) Within the cove west of Ochoco Lake County Park.

(b) A person must not operate a boat behind anyone being towed closer than 300 feet nor cross the towing boat's bow less than 200 feet nor alongside the towed person(s) closer than 100 feet.

(2) Prineville Reservoir:

(a) A person must not operate a motorboat in excess of a slow-no wake speed:

(A) Within 200 feet of shore;

(B) East of a line between two markers at a point approximately 1/2 mile west of the entrance of Owl Hollow Creek;

(D) From May 1 through September 30, within the marked area which encompasses the Prineville Reservoir State Park Marina and extends across the reservoir to the opposite shore to encompass the Robert's Bay boat launch, with the southern boundary of the area beginning at a point on the shore 200 feet to the southwest of the marina, and extending across the reservoir to a point on the shore 200 feet to the southwest of the boat launch, and the northern boundary beginning at a point on the shore 200 feet to the northeast of the marina, and extending across the reservoir to a point on the opposite shore 200 feet to the northeast of the boat launch;

(E) From May 15 through September 15, adjacent to the Prineville Reservoir Resort Marina as marked by buoys beginning approximately 500 feet north of the Prineville Resort Marina and continuing 500 feet beyond the perimeter of the marina to a point approximately 500 feet south of the resort boat ramp.

(b) A person must not operate a boat behind anyone being towed closer than 300 feet nor cross the towing boat's bow less than 200 feet nor alongside the towed person(s) closer than 100 feet.

(3) Walton Lake: A person must not use an internal combustion engine to propel a boat.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 7-2002, f. & cert. ef. 10-15-02
MB 8-1985, f. & ef. 4-24-85

Or. Admin. R. 250-020-0082 Boat Operations in Curry County

(1) Elk River:

(a) A person must not use an internal combustion motor of any size to propel a boat upstream of the Ironhead ramp (RM 4.1) unless they own land fronting both sides of the river and have a permit issued by the Marine Board that allows them to operate a motorboat with a propeller-driven outboard motor rated 25 horsepower or less.

(b) A person must not use an internal combustion motor rated over 25 horsepower to propel a boat downstream of the Ironhead ramp.

(2) Floras Creek: A person must not use an internal combustion engine to propel a boat.

(3) New River: From March 1 through September 30, a person must not use an internal combustion engine to propel a boat.

(4) Pistol River: A person must not use a jet pump drive to propel a boat.

(5) Sixes River: A person must not use an internal combustion engine to propel a boat.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 4-2004, f. & cert. ef. 7-14-04
Reverted to OSMB 6-2001, f. & cert. ef. 3-29-01
OSMB 5-2003(Temp), f. 6-12-03, cert. ef. 7-1-03 thru 10-31-03
Reverted to OSMB 6-2001, f. & cert. ef. 3-29-01
OSMB 3-2002(Temp), f. 6-27-02, cert. ef. 7-1-02 thru 10-31-02
OSMB 6-2001, f. & cert. ef. 3-29-01
OSMB 1-2001, f. & cert. ef. 1-25-01
MB 21-1987, f. 12-31-87, ef. 1-1-88

Or. Admin. R. 250-020-0091 Boat Operations in Deschutes County

(1) Deschutes River:

(a) A person must not operate a motorboat for the purpose of towed watersports.

(b) A person must not operate a jet ski type boat on the Deschutes River. For the purposes of this rule, jet ski type boat means any motorized vessel or other description of watercraft which is generally less than ten feet in length and capable of exceeding a speed of 15 MPH, including but not limited to personal watercraft, wet bikes, and surf jets.

(c) A person must not operate a motorboat in excess of a slow-no wake speed from Wickiup Dam downstream to the Deschutes National Forest Boundary in Sec. 14.T.18.S., R.11.E., W.M.

(d) A person must not use a motor to propel a boat from Pringle Falls downstream to the LaPine State Recreation Area boat ramp.

(e) A person must not use a motor to propel a boat from Aspen Camp boat ramp downstream to the north end of Lava Island in Sec. 22.T.18.S.,R.11.E., W.M.

(f) A person must not use a motor to propel a boat from the Deschutes National Forest boundary in Sec. 14.T.18.S.,R.11.E., W.M. downstream to the Jefferson County line.

(2) Hosmer Lake: A person must not use an internal combustion engine to propel a boat.

(3) Meadow Lake: A person must not use an internal combustion engine to propel a boat.

(4) Torso Lake: A person must not use a motor to propel a boat.

(5) Twin Lakes, North and South: Notwithstanding ORS 830.180(1) and pursuant to ORS 830.180(3), a person may use an electric motor to propel a boat provided it is not operated in excess of a slow-no wake speed and the operator of the boat has a disability or operates the boat on behalf of a passenger who has a disability. Documentation of eligibility shall be produced at the request of any peace officer and includes any documentation of disability issued by a federal, state, or county governmental agency.

(6) Wickiup Reservoir: A person must not operate a motorboat in excess of 10 MPH on the Deschutes River and Davis Creek Arms of Wickiup Reservoir.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 12-2020, amend filed 10/27/2020, effective 01/01/2021
OSMB 3-2019, amend filed 01/28/2019, effective 02/01/2019
OSMB 19-2016(Temp), f. & cert. ef. 12-5-16 thru 3-15-17
OSMB 18-2016(Temp), f. & cert. ef. 12-5-16 thru 12-31-16
OSMB 13-2016(Temp), f. & cert. ef. 9-23-16 thru 12-31-16
OSMB 12-2016(Temp), f. 8-18-16, cert. ef. 8-21-16 thru 12-31-16
OSMB 11-2016(Temp), f. 8-11-16, cert. ef. 8-21-16 thru 12-31-16
OSMB 10-2015(Temp), f. & cert. ef. 10-19-15 thru 12-31-15
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
OSMB 11-1998(Temp), f. & cert. ef. 7-15-98 thru 12-31-98
MB 7-1997, f. & cert. ef. 7-17-97
MB 12-1996, f. & cert. ef. 12-4-96
MB 5-1993, f. & cert. ef. 7-14-93
MB 13-1988, f. 12-28-88, cert. ef. 1-1-89
MB 10-1988, f. & cert. ef. 6-28-88
MB 57, f. 7-2-74, cert. ef. 7-2-74(Temp) & 7-25-74(Perm), Renumbered from 250-020-0170
MB 52, f. 8-17-73, cert. ef. 9-1-73
MB 26, f. 7-20-64

Or. Admin. R. 250-020-0102 Boat Operations in Douglas County

(1) Amos Lake: A person must not use a motor to propel a boat.

(2) Andy Lake: A person must not use a motor to propel a boat.

(3) Ben Irving Reservoir:

(a) A person must not operate a motorboat at a speed in excess of 35 MPH from the markers (identified by the letter “A”) located where the reservoir narrows to the dam approximately 1.2 miles downstream.

(b) A person must not operate a motorboat in excess of a slow-no wake speed from the markers (identified by the letter “A”) located where the reservoir narrows, to the second set of markers (identified by the letter “B”) approximately one mile upstream.

(c) A person must not use an internal combustion engine to propel a boat in the area upstream from the second markers (identified by the letter “B”).

(d) A person must not operate a boat within the log-boomed area in the vicinity of the dam spillway.

(4) Buckeye Lake: A person must not use a motor to propel a boat.

(5) Calamut Lake: A person must not use a motor to propel a boat.

(6) Carter Lake: A person must not operate a motorboat in excess of 10 MPH.

(7) Cliff Lake: A person must not use a motor to propel a boat.

(8) Cooper Creek Reservoir:

(a) A person must not operate a motorboat in excess of 40 MPH on the main body of the reservoir.

(b) A person must not operate a motorboat in excess of a slow-no wake speed within the buoyed areas of Rachelle Inlet, Pierce Canyon Inlet, Sutherlin Inlet, and Douglas Inlet.

(c) The provisions of OAR 250-021-0030(7)(d) shall not apply in the area between the slow-no wake zones at Douglas Inlet and Sutherlin Inlet.

(9) Diamond Lake: A person must not operate a motorboat in excess of 10 MPH.

(10) Eel Lake: A person must not operate a motorboat in excess of 10 MPH.

(11) Faller Lake: A person must not use a motor to propel a boat.

(12) Fish Lake: A person must not use a motor to propel a boat.

(13) Ford’s Pond:

(a) A person must not use an internal combustion engine to propel a boat.

(b) A person must not operate a boat propelled by an electric motor in excess of a slow-no wake speed.

(14) Galesville Reservoir:

(a) A person must not operate a motorboat in excess of 40 MPH on the main body of the reservoir.

(b) A person must not operate a motorboat in excess of a slow-no wake speed along the north shore between the launch ramp and log boom in the buoyed areas.

(c) A person must not operate a motorboat in excess of a slow-no wake speed between the buoy line at the upper end of the lake to the powerboat deadline, as marked.

(d) A person must not use an internal combustion engine to propel a boat above the slow-no wake zone, as marked.

(e) A person operating a motorboat in excess of a slow-no wake speed in the otherwise unrestricted portions of the lake must proceed about the lake in a counter clockwise direction.

(15) Hemlock Lake:A person must not use an internal combustion engine to propel a boat.

(16) Indigo Lake: A person must not use a motor to propel a boat.

(17) June Lake: A person must not use a motor to propel a boat.

(18) Lake in the Woods: A person must not use a motor to propel a boat.

(19) Lemolo Lake:

(a) A person must not operate a motorboat in excess of a slow-no wake speed within 150 feet of the shore or pier line in a zone extending from the launch ramp at Lemolo Lake Resort south to Pool Creek Inlet, and from a point 200 feet south of Pool Creek Inlet south to the small unnamed island, and from there south from the southern tip of the island across to the nearest peninsula.

(b) A person must not operate a motorboat in excess of a slow-no wake speed in the area from where U.S. Forest Service Road Number 2614 crosses the North Umpqua River to a point 2,000 feet westward thereof.

(20) Loon Lake:

(a) A person operating a motorboat in excess of 10 MPH shall proceed in a counterclockwise direction in the otherwise unrestricted portions of the lake.

(b) A person must not operate a motorboat in excess of a slow-no wake speed within the buoyed area extending from the north shore of the cove at Fish Haven Resort in a southwest direction across the lake to the end of the prominent point of land on the south shore of the lake, as marked.

(21) Lower Twin Lake: A person must not use a motor to propel a boat.

(22) Lucile Lake: A person must not use a motor to propel a boat.

(23) Maidu Lake: A person must not use a motor to propel a boat.

(24) North Umpqua River: A person must not use a motor to propel a boat in the area between the boat ramp at Lone Rock Camp (approximate RM 32) upstream to Lemolo Lake.

(25) Plat I Reservoir: A person must not operate a motorboat in excess of 10 MPH.

(26) Skookum Lake: A person must not use a motor to propel a boat.

(27) Umpqua River: A person must not operate a motorboat in excess of a slow-no wake speed:

(a) In the vicinity of River Forks Park from a point 30 yards downstream (north) from the launching ramp to a point upstream 100 yards on both the North and South Fork of the Umpqua River;

(b) Within 300 feet of the boat launching ramp and designated swimming area at Scottsburg Park.

(28) Upper Twin Lake: A person must not use a motor to propel a boat.

(29) Winchester Bay: A person must not operate a motorboat in excess of a slow-no wake speed within the limits of Salmon Harbor.

(30) Wolf Lake: A person must not use a motor to propel a boat.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 7-2021, temporary amend filed 07/19/2021, effective 07/19/2021 through 07/28/2021
OSMB 6-2021, temporary amend filed 07/07/2021, effective 07/07/2021 through 07/18/2021
OSMB 8-2018, amend filed 07/16/2018, effective 07/16/2018
Reverted to OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
Temporary suspended by OSMB 9-2015(Temp), f. & cert. ef 8-25-15 thru 9-30-15
OSMB 8-2015(Temp), f. & cert. ef. 8-10-15 thru 9-30-15
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
Reverted to OSMB 3-2008, f. 4-11-08, cert. ef. 4-26-08
OSMB 11-2012(Temp), f. 8-24-12, cert. ef. 8-26-12 thru 8-31-12
OSMB 10-2012(Temp), f. 8-16-12, cert. ef. 8-19-12 thru 8-25-12
OSMB 3-2008, f. 4-11-08, cert. ef. 4-26-08
OSMB 7-2007, f. & cert. ef. 7-2-07
Reverted to OSMB 1-2006, f. & cert. ef. 3-28-06
OSMB 7-2006(Temp), f. 8-15-06, cert. ef. 9-5-06 thru 9-30-06
OSMB 1-2006, f. & cert. ef. 3-28-06
OSMB 7-2002, f. & cert. ef. 10-15-02
OSMB 8-2000, f. & cert. ef. 12-1-00
MB 5-1995, f. & cert. ef. 7-14-95
MB 21-1987, f. 12-31-87, ef. 1-1-88
MB 4-1987, f. 4-20-87, ef. 5-1-87
MB 7-1981, f. & ef. 11-16-81
Reverted to MB 82, f. & ef. 4-19-77, Renumbered from 250-020-0083
MB 4-1981(Temp), f. & ef. 4-17-81
MB 82, f. & ef. 4-19-77, Renumbered from 250-020-0083
Reverted to MB 47, f. 7-14-70, ef. 8-11-70
MB 74(Temp), f. 5-18-76, ef. 6-1-76 thru 9-28-76
MB 47, f. 7-14-70, ef. 8-11-70
MB 41, f. 9-18-68
MB 34, f. & ef. 6-2-67
MB 32, f. 9-14-66
MB 29, f. 6-17-66
MB 20, f. 3-20-63

Or. Admin. R. 250-020-0121 Boat Operations in Gilliam County

Earl Snell Memorial Park Lagoon, City of Arlington: A person must not use a motor to propel a boat.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
MB 18-1987, f. 11-4-87, ef. 11-15-87

Or. Admin. R. 250-020-0125 Boat Operations in Grant County

Bull Prairie Lake: A person must not use a motor to propel a boat.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
MB 6-1981, f. & ef. 8-31-81

Or. Admin. R. 250-020-0132 Boat Operations in Harney County

(1) Burns Gravel Pond (adjacent to Highway 78): A person must not operate a motorboat in excess of a slow-no wake speed.

(2) Delintment Lake: A person must not operate a motorboat in excess of a slow-no wake speed.

(3) Fish Lake: A person must not use a motor to propel a boat.

(4) Krumbo Reservoir: A person must not use an internal combustion engine to propel a boat.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
MB 5-1987, f. 4-20-87, ef. 5-1-87
MB 49, f. 8-14-72, ef. 9-1-72, Renumbered from 250-020-0150
MB 27, f. 6-3-65
MB 22, f. 8-20-63

Or. Admin. R. 250-020-0141 Boat Operations in Hood River County

(1) Badger Lake: A person must not use a motor to propel a boat.

(2) Green Point Reservoir (Kingsley Reservoir): A person must not operate a motorboat in excess of a slow-no wake speed.

(3) Laurance Lake: A person must not use an internal combustion engine to propel a boat.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 2-2013, f. 3-29-13, cert. ef. 4-1-13
MB 5-1988, f. 4-21-88, cert. ef. 5-15-88
MB 19-1987, f. 11-4-87, ef. 11-15-87
MB 49, f. 8-14-72, ef. 9-1-72, Renumbered from 250-020-0110
MB 45, f. 8-25-69
MB 16, f. 8-20-62

Or. Admin. R. 250-020-0151 Boat Operations in Jackson County

(1) Agate Reservoir: A person must not use an internal combustion engine to propel a boat.

(2) Applegate Reservoir: A person must not operate a motorboat in excess of 10 MPH.

(3) Emigrant Lake:

(a) A person must not operate a motorboat in excess of a slow-no wake speed in the Hill Creek Arm upstream of a line beginning at a point on the west shore of the Arm that is approximately 1000 feet southeast from the area of the point known as the Quarry and extending northeast across the arm to the nearest point of land on the east shore of the arm, as marked.

(b) A person must not operate a motorboat in excess of a slow-no wake speed in the Emigrant Creek Arm upstream of a line extending north and south across the arm that approximately coincides with the meridian of longitude equal to 122° 37’ 34” North, as marked.

(c) A person must not operate a motorboat in excess of a slow-no wake speed in the spillway cove area at the northwest end of the lake, which is designated as a moorage area. A person must not moor a boat outside of this area for more than 48 hours without obtaining a permit from the Jackson County Parks Department.

(4) Fish Lake: A person must not operate a motorboat in excess of 10 MPH.

(5) Howard Prairie Lake: Howard Prairie Resort Marina and Klum Landing are designated as moorage areas. A person must not moor a boat outside of these areas for more than 48 hours without obtaining a permit from the Jackson County Parks Department.

(6) Hyatt Lake: A person must not operate a motorboat in excess of 10 MPH.

(7) Lost Creek Lake:

(a) A person must not use a motor to propel a boat between the breakwaters designating the Stewart State Park swimming area.

(b) A person must not operate a motorboat in excess of a slow-no wake speed:

(A) In the Lost Creek Arm upstream of the “narrows” as marked;

(B) Within the cove area of the Takelma Park Boat Ramp from the intake tower to shore, as marked;

(8) Willow Lake:

(a) A person must not operate a motorboat in excess of 10 MPH south of the line of uniform waterway marker buoys.

(b) A person must not operate a motorboat in excess of a slow-no wake speed in the southwest cove of the lake, which is designated as a moorage area. A person must not moor a boat outside of this area for more than 48 hours without obtaining a permit from the Jackson County Parks Department.

(9) Upper Rogue River and its Tributaries:

(a) No person shall use a motor in excess of 15 horsepower to propel a boat on the main stem of the Rogue River above Dodge Bridge County Park and Rogue River tributaries, between Fishers Ferry County Park and William L. Jess Dam, (Lost Creek Dam).

(b) In the event that the river flow rate drops below a three day average flow of 1350 cubic feet per second, ("CFS"), or equivalent water level of 3.20 feet, as measured by the United State Geological Survey - USGS 14339000 Rogue River at Dodge Bridge, near Eagle Point, OR, use of a motor in excess of 15 horsepower shall be restricted between Fishers Ferry County Park and Dodge Bridge County Park. Restriction shall remain in place until the three-day average flow increases above 1350 CFS.

(A) Charter boats may not operate upstream of Table Rock Road Bridge.

(B) Charter boats may only operate between Table Rock Road Bridge and Fishers Ferry County Park between May 8 and September 10.

(C) For purposes of this section, a charter boat is a motorized boat used to carry seven or more passengers for hire for angling, sightseeing or other recreational purposes.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2025, amend filed 01/24/2025, effective 02/01/2025
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
OSMB 6-2011, f. 4-25-11, cert. ef. 5-2-11
OSMB 1-2011(Temp), f. & cert. ef. 1-3-11 thru 6-30-11
Reverted to OSMB 7-2002, f. & cert. ef. 10-15-02
OSMB 11-2010(Temp), f. 5-28-10, cert. ef. 6-15-10 thru 10-15-10
OSMB 7-2002, f. & cert. ef. 10-15-02
OSMB 5-1999, f. & cert. ef. 7-1-99
MB 2-1990, f. & cert. ef. 2-22-90
MB 6-1984, f. 2-14-84, ef. 2-15-84
MB 2-1981, f. & ef. 3-3-81
Renumbered from 250-020-0175, MB 1-1980, f. 4-1-80, ef. 5-1-80
MB 5-1978, f. & ef. 6-15-78
MB 87, f. & ef. 9-16-77
MB 86, f. & ef. 7-20-77
MB 84(Temp), f. & ef. 5-20-77
MB 39, f. 4-5-68
MB 30, f. 6-17-66

Or. Admin. R. 250-020-0161 Boat Operations in Jefferson County

(1) All lakes and reservoirs in Jefferson County:

(a) A person must not anchor or moor a boat outside of a marina or away from a dock for more than 30 consecutive days in one location and must not anchor or moor in the previously used location for 30 days thereafter. For the purpose of this rule, “location” is defined as an area within a 1/2 mile radius. This rule does not apply to a person anchoring or mooring a boat on privately owned submerged or submersible land with the permission of the landowner.

(b) A person must not anchor or moor a boat outside of a marina or away from a dock and leave the boat unattended for more than 7 consecutive days.

(2) Cache Lake: A person must not use a motor to propel a boat.

(3) Hand Lake: A person must not use a motor to propel a boat.

(4) Haystack Reservoir:

(a) A person must not operate a motorboat in excess of a slow-no wake speed in the western cove inside a buoy line approximately 500 feet from shore, as marked.

(b) A person must not operate a boat in excess of a slow-no wake speed in the southern cove inside a buoy line extending from south of the boat ramp on the east shore to a point south of the southeast peninsula, as marked.

(5) Island Lake: A person must not use a motor to propel a boat.

(6) Jack Lake: A person must not use a motor to propel a boat.

(7) Lake Billy Chinook:

(a) A person must not operate a motorboat in excess of 10 MPH on the:

(A) Crooked River Arm above the Crooked River Bridge;

(B) Deschutes River Arm above the Deschutes River Bridge;

(b) A person must not operate a motorboat in excess of a slow-no wake speed within:

(A) The buoyed areas at Cove Palisades State Park Marina;

(B) The buoyed areas at the Crooked River Launching Ramp;

(D) The buoyed areas at the Upper Deschutes River Day Use Area;

(E) 300 feet of a designated swimming area;

(F) The cove at Chinook Island (Metolius Arm) as marked;

(G) The cove at Camp Perry South (Metolius Arm) as marked;

(H) Fly Creek Inlet inside a line across the inlet from the apex of the bend between docks 3 and 4 on the western shore of the inlet to the point where the northern edge of dock 13’s walkway, as situated in 2018, joins the eastern shore of the inlet, as marked.

(d) Except for leased or rented spaces within established marinas or moorages, a person must not beach, anchor or moor a boat within 200 feet of shore between the hours of 10 p.m. and 5 a.m. in the following areas:

(A) The east shore of the Crooked River Arm between a point approximately 1,000 feet north of the cove Marina, as marked, and the Crooked River Bridge;

(B) The west shore of the Crooked River Arm from the State Park boundary north approximately 2,000 feet, as marked;

(C) The east shore of the Deschutes Arm between a point approximately 2,000 feet north of the northernmost boat launch, as marked, and the Deschutes River Bridge.

(8) Lake Simtustus:

(a) A person must not operate a motorboat in excess of a slow-no wake speed within 300 feet of a moorage.

(b) A person must not operate a boat within the restricted tailrace area enclosed by the log boom approximately 1200 feet downstream of Round Butte Dam.

(c) A person must not moor a boat to the log boom or operate a boat within the restricted intake area enclosed by the log boom located approximately 200 feet upstream of Pelton Dam.

(d) Boat access in the areas closed by subsections (8)(b) and (8)(c) of this rule is permitted for federal, state, local and tribal government agencies and Portland General Electric employees or their agents for official business.

(9) Link Lake: A person must not use a motor to propel a boat.

(10) Round Lake: A person must not use a motor to propel a boat.

(11) Scout Lake: A person must not use a motor to propel a boat.

(12) Suttle Lake:

(a) A person must not operate a motorboat for the purpose of towed watersports or in excess of 10 MPH in the buoyed area on the eastern portion of the lake.

(b) A person must not operate a motorboat for the purpose of towed watersports or in excess of 10 MPH between the hours of 8 p.m. and 9 a.m. in any portion of the lake.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 3-2026, temporary suspends temporary OSMB 2-2026, filed 07/31/2026, effective 07/31/2026 through 08/06/2026
OSMB 2-2026, temporary amend filed 07/31/2026, effective 07/31/2026 through 08/06/2026
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 3-2019, amend filed 01/28/2019, effective 02/01/2019
OSMB 5-2018, amend filed 04/24/2018, effective 05/01/2018
OSMB 8-2016, f. 6-30-16, cert. ef. 7-1-16
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
OSMB 12-2007, f. & cert. ef. 10-1-07
OSMB 10-2007(Temp), f. & cert. ef. 9-4-07 thru 12-31-07
OSMB 6-2006, f. & cert. ef. 7-3-06
OSMB 2-2004(Temp), f. & cert. ef. 5-20-04 thru 9-20-04
MB 10-1994, f. & cert. ef. 9-28-94
MB 8-1994(Temp), f. & cert. ef. 6-17-94 thru 12-17-94
MB 7-1993, f. & cert. ef. 10-11-93
MB 10-1992, f. & cert. ef. 8-21-92
MB 4-1990, f. & cert. ef. 7-13-90
MB 6-1987, f. 4-20-87, cert. ef. 5-1-87
MB 11-1986, f. & cert. ef. 10-30-86
MB 8-1986, f. & cert. ef. 7-28-86
MB 16-1985, f. & cert. ef. 10-21-85
MB 58, f. 7-2-74, cert. ef. 7-2-74(Temp) & 7-25-74(Perm), Renumbered from 250-020-0200
MB 43, f. cert. ef. 7-18-69

Or. Admin. R. 250-020-0171 Boat Operations in Josephine County

(1) Lake Selmac: A person must not operate a motorboat in excess of 10 MPH.

(2) Rogue River:

(a) The stretch of river 1/2 mile upstream from Findley Bend to a point one mile above the mouth of the Applegate River is designated as a racing motorboat testing area. An alternate racing motorboat testing area is designated between Flannegan’s Slough and Findley Bend.

(b) The primary testing area must be used at all times except when low water creates a hazardous condition, at which time the alternate area must be used. Water conditions in the primary area are considered hazardous when the water level measures 2.5 feet or less on the gauge at the City of Grants Pass Water Filtration Plant.

(c) Testing in the alternate area will be limited to Wednesdays between the hours of 6 p.m. and 8 p.m., and on Saturdays between the hours of 9 a.m. and 11 a.m.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 13-2018, temporary suspends temporary OSMB 12-2018, filed 08/08/2018, effective 08/08/2018 through 01/25/2019
OSMB 12-2018, temporary amend filed 08/03/2018, effective 08/03/2018 through 01/25/2019
OSMB 11-2018, temporary amend filed 07/30/2018, effective 07/30/2018 through 01/25/2019
Reverted to MB 43, f. 7-18-69
OSMB 6-2003(Temp), f. 6-30-03, cert. ef. 7-7-03 thru 8-31-03, Renumbered from 250-020-0060
MB 43, f. 7-18-69
MB 10, f. 11-14-61

Or. Admin. R. 250-020-0204 Boat Operations in Klamath County

(1) Crescent Lake: A person must not operate a motorboat in excess of a slow-no wake speed in the northwesternmost portion of the lake between the island and the northern shore (known as Tranquil Cove), as marked.

(2) Fourmile Lake: A person must not operate a motorboat in excess of 10 MPH.

(3) Lake of the Woods:

(a) A person must not operate a motorboat in excess of a slow-no wake speed or for the purpose of towed watersports within 200 feet of any dock or shore.

(b) A person must not operate a motorboat in excess of 20 MPH between the hours of one hour after sunset and one hour before sunrise.

(4) Miller Lake: A person must not operate a motorboat in excess of 10 MPH within 100 feet of the shoreline except on the northwest end of the lake designated "Water Ski Area."

(5) Spring Creek: A person must not use a motor to propel a boat within the boundaries of Collier State Park.

(6) Upper Klamath Lake:

(a) A person must not operate a motorboat at a speed in excess of 10 MPH in the portion of Upper Klamath Lake and Link River that lies east of a line projected from the west side of the Moore Park pumphouse north to the west boundary line of the Pelican Marina, except during such hours that authorized boat races are held.

(b) A racing motorboat testing area is designated between an east-west line from the south-east corner of Wocus Bay and 1/2 mile north of McCormack Point and west of Buck Island.

(7) Williamson River: A person must not operate a motorboat in excess of a slow-no wake speed within 200 feet of any dock from the mouth to State Highway 97.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 3-2021, amend filed 04/23/2021, effective 05/01/2021
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
OSMB 4-2005, f. & cert. ef. 8-4-05
OSMB 4-2003, f. & cert. ef. 6-12-03
OSMB 12-1998, f. 7-15-98, cert. ef. 8-1-98
OSMB 8-1998, f. & cert. ef. 5-21-98
MB 45, f. 8-25-69, Renumbered from 250-020-0024

Or. Admin. R. 250-020-0211 Boat Operations in Lake County

(1) Big Swamp Reservoir: A person must not use an internal combustion engine to propel a boat.

(2) Campbell Lake: A person must not use an internal combustion engine to propel a boat.

(3) Cottonwood Meadows Lake: A person must not use an internal combustion engine to propel a boat.

(4) Deadhorse Lake: A person must not use an internal combustion engine to propel a boat.

(5) Dog Lake: A person must not operate a motorboat in excess of a slow-no wake speed.

(6) Duncan Reservoir: A person must not operate a motorboat in excess of a slow-no wake speed.

(7) Heart Lake: A person must not use an internal combustion engine to propel a boat.

(8) Holbrook Reservoir: A person must not use an internal combustion engine to propel a boat.

(9) Lofton Reservoir: A person must not use an internal combustion engine to propel a boat.

(10) Mud Lake: A person must not use an internal combustion engine to propel a boat.

(11) Thompson Reservoir: A person must not operate a motorboat in excess of 10 MPH.

(12) Vee Lake: A person must not use an internal combustion engine to propel a boat.

(13) Withers Lake: A person must not use an internal combustion engine to propel a boat.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
MB 3-1989, f. & cert. ef. 7-6-89
MB 17-1985, f. & cert. ef. 10-21-85
MB 2-1983, f. & cert. ef. 6-1-83
MB 3-1982, f. & cert. ef. 6-1-82
MB 4-1979, f. 7-31-79, cert. ef. 8-1-79, Renumbered from 250-020-0215
MB 81, f. & cert. ef. 4-19-77
MB 49, f. 8-14-72, cert. ef. 9-1-72

Or. Admin. R. 250-020-0221 Boat Operations in Lane County

(1) Alameda Lake: A person must not use a motor to propel a boat.

(2) Betty Lake: A person must not use a motor to propel a boat.

(3) Blair Lake: A person must not use a motor to propel a boat.

(4) Blue River Reservoir: A person must not operate a motorboat in excess of a slow-no wake speed within 300 feet of a boat ramp or a boat moorage.

(5) Collard Lake: A person must not operate a motorboat in excess of a slow-no wake speed.

(6) Cottage Grove Reservoir: A person must not operate a motorboat in excess of a slow-no wake speed south of a line between a marker on the east shore, near the Wilson Creek area, and on the west shore near Cedar Creek.

(7) Cougar Reservoir: A person must not operate a motorboat in excess of a slow-no wake speed within 300 feet of a boat launching ramp or a boat moorage.

(8) Dexter Reservoir: A person must not operate a motorboat in excess of a slow-no wake speed within 50 feet of the causeway crossing the reservoir.

(9) Dorena Reservoir: A person must not operate a motorboat in excess of a slow-no wake speed southeast of a line between markers on Humphrey Point and the northeast shore.

(10) Eddeeleo Lake, Upper: A person must not use a motor to propel a boat.

(11) Erma Bell Lakes: A person must not use a motor to propel a boat.

(12) Fall Creek Reservoir: A person must not operate a motorboat in excess of a slow-no wake speed:

(a) Upriver of the buoys located approximately 200 feet downstream of Big Fall Creek Road;

(b) On Winberry Creek upriver from the buoys located approximately 1,800 feet downstream of the Winberry Creek Road bridge.

(13) Fern Ridge Reservoir:

(a) A person must not operate a motorboat in excess of a slow-no wake speed:

(A) In the Coyote Creek Channel;

(B) Between the shore and buoy line which extends southerly from the north shore to a point approximately 200 feet of the northernmost Eugene Yacht Club mooring dock thence generally south and west approximately 200 feet of the docks to a point approximately 200 feet south of the Tri Pass Club mooring dock thence generally west to the southern tip of the Tri Pass Club dock as buoyed except for the buoyed corridor immediately south of the Eugene Yacht Club southernmost dock;

(C) South of the buoy line which extends easterly from a point approximately 300 feet north of the Perkins Boat Ramp to the adjacent shoreline;

(D) In the main Long Tom River channel.

(b) A person must not use an internal combustion engine to propel a boat:

(A) South of State Highway 126;

(B) In the old Long Tom River channel.

(c) A person must not operate a propeller-driven airboat or non-displacement hull type hovercraft where there is emergent vegetation present.

(14) Gold Lake: Notwithstanding ORS 830.180(1) and pursuant to ORS 830.180(3), a person may use an electric motor to propel a boat provided it is operated at a slow-no wake speed.

(15) Hidden Lake: A person must not use a motor to propel a boat.

(16) Hills Creek Reservoir:

(a) A person must not operate a motorboat in excess of a slow-no wake speed:

(A) On the Packard Creek arm west of Rigdon Road (USFS Road #21);

(B) South of the Hills Creek Crossing Bridge;

(b) A person must not use a motor to propel a boat on the Larison Creek arm west of Rigdon Road (USFS Road #21).

(17) Hult Reservoir: A person must not use an internal combustion engine to propel a boat.

(18) Kiwa Lake: A person must not use a motor to propel a boat.

(19) Leaburg Reservoir: A person must not operate a motorboat in excess of a slow-no wake speed.

(20) Lookout Point Reservoir:

(a) A person must not operate a motorboat in excess of a slow-no wake speed east of the Southern Pacific Railroad bridge.

(b) A person must not use a motor to propel a boat north and east of a line across the entrance of Bannister Cove, as marked.

(21) McKenzie River:

(a) A person must not use a motor to propel a boat upstream of Goodpasture Bridge except a representative of the Oregon State Police or the County Sheriff’s Office pursuant to a criminal investigation or search and rescue operation.

(b) A person must not operate a motorboat in excess of a slow-no wake speed from Leaburg Reservoir upstream to Goodpasture Bridge.

(22) Melakwa Lake: A person must not use a motor to propel a boat.

(23) Munsel Lake:

(a) A person must not operate a motorboat in excess of a slow-no wake speed west of the line of marker buoys.

(b) From October 1 through May 31, a person must not operate a motorboat in excess of 10 MPH east of the line of marker buoys between the hours of 5 p.m. and 10 a.m.

(24) Picket Lake: A person must not operate a motorboat in excess of a slow-no wake speed.

(25) Rigdon Lakes: A person must not use a motor to propel a boat.

(26) Round Lake: A person must not use a motor to propel a boat.

(27) Scott Lake: A person must not use a motor to propel a boat.

(28) Siltcoos Lake: A person must not operate a motorboat in excess of a slow-no wake speed:

(a) From June 1 through September 30, between shore and the buoy line at the mouth of the Kiechle Arm beginning at a point at the east shoreline of Arrowhead Point and extending northerly approximately 900 yards to a point approximately 100 yards off shore of Camp Baker;

(b) From May 1 through September 30, in the Miller Arm north of the buoy line located at the entrance near Nightingale’s Fishing Camp.

(29) Siuslaw River: A person must not operate a motorboat in excess of a slow-no wake speed within 300 feet of a boat launching ramp or a boat moorage from the mouth of the river to the Mapleton bridge.

(30) Torrey Lake: A person must not use a motor to propel a boat.

(31) Wahanna Lake: A person must not use a motor to propel a boat.

(32) Whig Lake: A person must not use a motor to propel a boat.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 8-2021, temporary amend filed 08/10/2021, effective 08/10/2021 through 08/20/2021
OSMB 11-2020, temporary amend filed 09/08/2020, effective 09/09/2020 through 09/13/2020
OSMB 10-2020, temporary amend filed 08/31/2020, effective 09/01/2020 through 09/13/2020
OSMB 2-2020, amend filed 01/27/2020, effective 02/03/2020
OSMB 2-2016(Temp), f. & cert. ef. 4-1-16 thru 4-18-16
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
OSMB 1-2015(Temp), f. 3-24-15, cert. ef. 4-10-15 thru 4-20-15
OSMB 8-2014(Temp), f. & cert. ef. 4-11-14 thru 5-3-14
OSMB 6-2013, f. 10-28-13, cert. ef. 11-1-13
OSMB 1-2013(Temp), f. 3-18-13, cert. ef. 4-12-13 thru 4-27-13
OSMB 8-2012, f. 4-24-12, cert. ef. 5-1-12
OSMB 4-2012(Temp), f. & cert. ef. 4-2-12 thru 4-30-12
OSMB 11-2011(Temp), f. & cert. ef. 8-5-11 thru 10-1-11
OSMB 10-2011(Temp). f. 6-30-11, cert. ef. 7-1-11 thru 10-1-11
OSMB 5-2011(Temp), f. 3-28-11, cert. ef. 4-8-11 thru 4-11-11
OSMB 13-2010, f. & cert. ef 11-1-10
OSMB 9-2010(Temp), f. & cert. ef. 5-6-10 thru 9-30-10
OSMB 3-2010, f. & cert. ef. 1-15-10
OSMB 1-2008, f. & cert. ef. 1-15-08
OSMB 2-2001, f. & cert. ef. 1-25-01
OSMB 2-2000, f. & cert. ef. 7-14-00
MB 9-1996, f. & cert. ef. 5-29-96
MB 6-1995, f. & cert. ef. 7-14-95
MB 15-1984, f. 11-30-84, cert. ef. 12-1-84
MB 6-1982, f. & cert. ef. 6-1-82
MB 5-1982, f. & cert. ef. 6-1-82
MB 8-1981, f. & cert. ef. 11-16-81
MB 5-1979, f. 7-31-79, cert. ef. 8-1-79, Renumbered from 250-020-0131
MB 3-1979(Temp), f. & cert. ef. 6-22-79
MB 49, f. 8-14-72, cert. ef. 9-1-72
MB 48, f. 6-28-71, cert. ef. 7-25-71
MB 44, f. & cert. ef. 8-21-69
MB 42, f. & cert. ef. 12-3-68
MB 31, f. & cert. ef. 6-20-66
MB 27, f. & cert. ef. 6-3-65
MB 21, f. & cert. ef. 8-23-63

Or. Admin. R. 250-020-0231 Boat Operations in Lincoln County

(1) Alsea River:

(a) A person must not use a jet pump drive to propel a boat upstream of Hatchery Creek (RM 12).

(b) A person must not operate a motorboat in excess of a slow-no wake speed within 200 feet of a dock.

(2) Depoe Bay. A person must not operate a motorboat in excess of a slow-no wake speed east of the Highway 101 Bridge.

(3) Devils Lake and adjacent waters:

(a) A person must not operate a motorboat in excess of a slow-no wake speed on the water adjacent to the "D" River, known locally as Hostetters Canal.

(b) A person must not operate a motorboat in excess of a slow-no wake speed on that part of the "D" River which is west of an established marker on the south bank of the river near the outlet from Devils Lake.

(4) Olalla Lake: A person must not use an internal combustion engine to propel a boat.

(5) Salmon River: A person must not use a motor rated greater than 15 horsepower to propel a boat upstream of River Mile 2, as marked, which is approximately 3/4 mile west of the Highway 101 bridge.

(6) Siletz River: A person must not use a jet pump drive to propel a boat upstream of Morgan's Park boat ramp.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
OSMB 13-2001, f. & cert. ef. 10-29-01
MB 11-1988, f. & cert. ef. 6-28-88
MB 21-1987, f. 12-31-87, ef. 1-1-88
Reverted to MB 16, f. 8-20-62, Renumbered from 250-020-0090
MB 23-1985(Temp), f. & ef. 12-10-85
MB 22-1985(Temp), f. & ef. 12-3-85
MB 16, f. 8-20-62, Renumbered from 250-020-0090
MB 15, f. 8-6-62

Or. Admin. R. 250-020-0240 Boat Operations in Linn County

(1) Big Cliff Reservoir: A person must not operate a boat in the area between the debris boom and the dam.

(2) Big Lake: A person must not operate a motorboat in excess of a slow-no wake speed within 200 feet of the shore.

(3) Carmen Reservoir: A person must not use a motor to propel a boat.

(4) Cheadle Lake: A person must not use an internal combustion engine to propel a boat.

(5) Detroit Reservoir:

(a) A person must not operate a boat for the purpose of towed watersports within 200 feet of shore and must operate in a counterclockwise pattern around the lake.

(b) A person must not operate a boat behind anyone being towed closer than 300 feet nor cross the towing boat's bow less than 200 feet nor alongside the towed person(s) closer than 100 feet.

(d) A person must not operate a motorboat in excess of a slow-no wake speed in the following areas:

(A) Within 200 feet of shore;

(B) Within 600 feet of the northwest shore of Piety Knob;

(C) In the Brietenbush Arm and Breitenbush River upstream of a point approximately 2000 feet downstream of the Highway 22 bridge, as marked;

(D) In the North Santiam River above a point 1,100 feet northwest of Hoover Rock, as marked.

(6) Foster Reservoir:

(a) A person must not operate a boat for the purpose of towed watersports within 200 feet of shore and must operate in a counterclockwise pattern around the lake.

(b) A person must not operate a boat behind anyone being towed closer than 300 feet nor cross the towing boat's bow less than 200 feet nor alongside the towed person(s) closer than 100 feet.

(d) A person must not operate a motorboat in excess of a slow-no wake speed in the following areas:

(A) Within 200 feet of shore;

(B) Upstream from the highway bridge crossing the South Santiam Arm;

(D) Within the posted area surrounding the Lewis Creek County Park.

(7) Freeway Lakes (East, West, and Middle): A person must not operate a motorboat in excess of 10 MPH.

(8) Green Peter Reservoir:

(a) A person must not operate a boat for the purpose of towed watersports within 200 feet of shore and must operate in a counterclockwise pattern around the lake.

(b) A person must not operate a boat behind anyone being towed closer than 300 feet nor cross the towing boat's bow less than 200 feet nor alongside the towed person(s) closer than 100 feet.

(d) A person must not operate a motorboat in excess of 10 MPH in the following areas:

(A) Within 200 feet of shore, except for within the Quartzville Arm downstream of Rocky Top Bridge;

(B) Within the Quartzville Creek Arm upstream from Rocky Top Bridge;

(D) Within the Whitcomb Creek Arm upstream from the highway bridge;

(E) Within the Middle Fork Santiam River Arm upstream from a point one mile below the Weyerhauser Bridge;

(F) Within the Tally Creek Arm upstream from the Weyerhauser Bridge;

(G) Within the Rumbaugh Creek Arm as marked.

(9) Lake Ann: A person must not use a motor to propel a boat.

(10) Lost Lake: A person must not operate a motorboat in excess of 10 MPH.

(11) Smith Reservoir: A person must not operate a motorboat in excess of 10 MPH.

(12) South Santiam River: A person must not use a jet pump drive to propel a boat upstream of the Lebanon Dam (approximate RM 21).

(13) Trail Bridge Reservoir: A person must not operate a motorboat in excess of 10 MPH.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 4-2023, temporary amend filed 08/15/2023, effective 08/15/2023 through 08/25/2023
OSMB 3-2023, temporary amend filed 08/08/2023, effective 08/08/2023 through 08/25/2023
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 4-2022, amend filed 05/03/2022, effective 05/03/2022
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
OSMB 4-2010, f. & cert. ef. 1-15-10
MB 12-1986, f. & ef. 12-8-86
MB 5-1980, f. & ef. 9-15-80
MB 50, f. 4-2-73, ef. 4-15-73, Renumbered from 250-020-0180
MB 47, f. 7-14-70, ef. 8-11-70
MB 34, f. & ef. 6-2-67

Or. Admin. R. 250-020-0250 Boat Operations in Malheur County

Lake Owyhee and Owyhee River:

(1) A person must not operate a motorboat in excess of a slow-no wake speed within Cherry Creek Inlet.

(2) A person must not operate a motorboat in excess of 15 MPH on Lake Owyhee or the mainstem Owyhee River within the designated boundary of the Owyhee Wild and Scenic River beginning at approximately RM 70, as marked.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
MB 6-1997, f. & cert. ef. 5-30-97
MB 7-1988, f. 4-21-88, cert. ef. 5-15-88
MB 21-1987, f. 12-31-87, ef. 1-1-88
MB 45, f. 8-25-69, Renumbered from 250-020-0210

Or. Admin. R. 250-020-0259 Boat Operations in Marion County

(1) Big Cliff Reservoir: A person must not operate a boat in the area between the debris boom and the dam.

(2) Detroit Reservoir:

(a) A person must not operate a boat for the purpose of towed watersports within 200 feet of shore and must operate in a counterclockwise pattern around the lake.

(b) A person must not operate a boat behind anyone being towed closer than 300 feet nor cross the towing boat's bow less than 200 feet nor alongside the towed person(s) closer than 100 feet.

(d) A person must not operate a motorboat in excess of a slow-no wake speed in the following areas:

(A) Within 200 feet of shore;

(B) Within 600 feet of the northwest shore of Piety Knob;

(C) In the Brietenbush Arm and Breitenbush River upstream of a point approximately 2000 feet downstream of the Highway 22 bridge, as marked;

(D) In the North Santiam River above a point 1,100 feet northwest of Hoover Rock, as marked.

(3) Elk Lake: A person must not use an internal combustion engine to propel a boat.

(4) Goose Lake: A person must not use an internal combustion engine to propel a boat.

(5) Mission Lake: A person must not use an internal combustion engine to propel a boat.

(6) Silverton Reservoir: A person must not use an internal combustion engine to propel a boat.

(7) Turner Lake:

(a) A person must not use an internal combustion engine to propel a boat.

(b) A person must not operate a motorboat in excess of slow-no wake speed.

(8) Walter Wirth Lake: A person must not use an internal combustion engine to propel a boat.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 2-2019, amend filed 01/28/2019, effective 02/01/2019
OSMB 7-2018, temporary amend filed 07/06/2018, effective 07/06/2018 through 01/01/2019
OSMB 14-2010, f. & cert. ef. 11-1-10
OSMB 9-2006, f. & cert. ef. 10-12-06
OSMB 7-2002, f. & cert. ef. 10-15-02
MB 11-1982, f. 10-13-82, ef. 10-15-82
MB 6-1980, f. & ef. 9-15-80

Or. Admin. R. 250-020-0270 Boat Operations in Morrow County

(1) Lake Penland: A person must not use an internal combustion engine to propel a boat.

(2) Willow Creek Lake:

(a) A person must not use an internal combustion engine to propel a boat on the Balm Fork Arm upstream of a point approximately 1,000 feet downstream of the Balm Fork bridge, as marked.

(b) A person must not operate a motorboat in excess of a slow-no wake speed on the Willow Creek Arm upstream of a point on the south shore approximately 1,000 feet east of the boat launching ramp, as marked.

(d) A person operating a boat in excess of a slow-no wake speed in the otherwise unrestricted portions of the lake must proceed about the lake in a counterclockwise direction.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
OSMB 7-2002, f. & cert. ef. 10-15-02
MB 5-1992, f. & cert. ef. 3-18-92
MB 9-1985, f. & ef. 4-24-85
MB 5-1985, f. & ef. 1-29-85
MB 49, f. 8-14-72, ef. 9-1-72, Renumbered from 250-020-0220

Or. Admin. R. 250-020-0280 Boat Operations in Multnomah County

(1) Benson Lake: A person must not use a motor to propel a boat on Benson Lake.

(2) Bybee Lake: A person must not use an internal combustion engine to propel a boat.

(3) Sauvie Island Wildlife Area:

(b) A person must not operate a motorboat in excess of a slow–no wake speed on any waters within the Sauvie Island Wildlife Area.

(4) Smith Lake: A person must not use an internal combustion engine to propel a boat.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 4-2022, amend filed 05/03/2022, effective 05/03/2022
OSMB 2-2021, amend filed 02/17/2021, effective 05/01/2021
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
OSMB 5-2013(Temp), f. & cert. ef. 7-1-13 thru 10-31-13
OSMB 4-2013, f. & cert. ef. 6-28-13
OSMB 3-2013(Temp), f. & cert. ef. 5-8-13 thru 10-31-13
OSMB 5-2012, f. & cert. ef. 4-20-12
OSMB 17-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 5-28-12
OSMB 16-2011(Temp), f. 11-22-11, cert. ef. 12-1-11 thru 5-28-12
OSMB 9-2011(Temp), f. 5-13-11, cert. ef. 6-15-11 thru 10-31-11
OSMB 8-2011, f. 4-25-11, cert. ef. 6-1-11
OSMB 4-2011, f. 3-7-11, cert. ef. 5-25-11
OSMB 3-2009, f. 10-21-09, cert. ef. 1-1-10
OSMB 8-2006, f. & cert. ef. 10-12-06
OSMB 2-2005, f. & cert. ef. 1-20-05
OSMB 7-1999, f. & cert. ef. 6-18-99
OSMB 7-1998(Temp), f. & cert. ef. 5-19-98 thru 11-15-98
MB 13-1996, f. & cert. ef. 12-4-96
MB 2-1993, f. & cert. ef. 2-3-93
MB 11-1992, f. & cert. ef. 9-16-92
MB 5-1990, f. & cert. ef. 7-19-90
MB 20-1987, f. 11-4-87, cert. ef. 11-15-87
MB 15-1985, f. 10-18-85, cert. ef. 10-21-85
MB 10-1985, f. & cert. ef. 4-24-85
MB 6-1985, f. & cert. ef. 2-5-85
MB 17-1984, f. & cert. ef. 12-3-84
MB 6-1983, f. 9-28-83, cert. ef. 10-3-83
MB 12-1982, f. 12-29-82, cert. ef. 12-31-82
MB 10-1982, f. 10-13-82, cert. ef. 10-15-82
MB 61, f. 7-26-74, ef. 7-26-74(Temp) & 8-25-74(Perm), Renumbered from 250-020-0155
MB 51, f. 5-3-73, cert. ef. 5-15-73
MB 26, f. & cert. ef. 7-20-64
MB 23, f. & cert. ef. 9-24-63

Or. Admin. R. 250-020-0308 Boat Operations in Tillamook County

(1) Cape Meares Lake: A person must not operate a motorboat in excess of a slow-no wake speed.

(2) Hoquarton Slough: A person must not operate a motorboat in excess of a slow-no wake speed.

(3) Kilchis River:

(a) A person must not operate a motorboat in excess of slow-no wake speed from RM 0 (as marked) to the Highway 101 Bridge Parks Boat Ramp.

(b) A person must not use an internal combustion engine to propel a boat upstream of the Highway 101 Bridge Parks Boat Ramp.

(4) Lake Lytle:

(a) A person must not operate a motorboat in excess of 10 MPH from one hour after sunset to 8 a.m.

(b) A person operating a boat for the purpose of towed watersports must proceed in a counterclockwise pattern.

(c) A person must not operate a boat behind anyone being towed closer than 200 feet nor alongside the towed person(s) closer than 100 feet.

(d) A person must not operate a motorboat in excess of a slow-no wake speed within 300 feet of the south end of the lake nor within 100 feet of the east shore.

(5) Miami River: A person must not use an internal combustion engine to propel a boat upstream of the Highway 101 Bridge.

(6) Nehalem River, South Fork: From September 1 through March 31, a person must not use a motor rated in excess of 15 HP to propel a boat from the mouth of Peterson Creek (RM 10.3) to Nehalem River Falls (RM 15.7).

(7) Nestucca River: From November 1 through March 31, a person must not use a motor to propel a boat upstream of Cloverdale.

(8) Netarts Bay: A person must not operate a motorboat in excess of a slow-no wake speed within the diked areas of the county boat landings on Bay Ocean Road.

(9) Smith Lake: A person must not operate a motorboat in excess of a slow-no wake speed.

(10) Three Arch Rocks National Wildlife Refuge:

(a) A person must not operate a boat for any purpose within 500 feet of the principal rocks at Three Arch Rocks National Wildlife Refuge during the period from May 1 to September 15. Vessel transit through the closed area, including the arches of the rocks, is prohibited. Storm Rock, to the west of Shag Rock, is the westerly boundary of the seasonal closed area.

(b) Persons operating boats near Three Arch Rocks National Wildlife Refuge should exercise caution to avoid any disturbance of nesting birds and marine mammals. Harassment of birds and marine wildlife is strictly prohibited under federal and state law.

(11) Tillamook Bay: A person must not operate a motorboat in excess of a slow-no wake speed within the Bay City Boat Basin.

(12) Tillamook River: A person must not operate a motorboat in excess of a slow-no wake speed above the 3rd Street Bridge.

(13) Trask River:

(a) A person must not operate a motorboat in excess of a slow-no wake speed from RM 0 upstream to the Highway 101 Bridge.

(b) A person must not use an internal combustion engine to propel a boat upstream of the Highway 101 Bridge.

(14) Wilson River:

(a) A person must not operate a motorboat in excess of slow-no wake speed from a point 500 feet downstream from the confluence with Hall Slough (as marked) to the Sollie Smith Bridge Boat Ramp.

(b) A person must not use an internal combustion engine to propel a boat upstream of the Sollie Smith Bridge Boat Ramp.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
MB 8-1993, f. 12-27-93, cert. ef. 1-1-94
MB 12-1992, f. & cert. ef. 9-16-92
MB 21-1987, f. 12-31-87, ef. 1-1-88

Or. Admin. R. 250-020-0323 Boat Operations in Umatilla County

Umatilla River: A person must not operate a motorboat in excess of a slow-no wake speed on the Umatilla River between its confluence with the Columbia River and the Three Mile Irrigation Dam.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
MB 7-1990, f. & cert. ef. 7-19-90
MB 16-1987, f. & ef. 6-15-87
MB 5-1984, f. 2-14-84, ef. 2-15-84

Or. Admin. R. 250-020-0330 Boat Operations in Union County

(1) Grande Ronde Lake: A person must not use a motor to propel a boat.

(2) Jubilee Lake: A person must not use an internal combustion engine to propel a boat.

(3) Little Morgan Lake: A person must not use a motor to propel a boat.

(4) Morgan Lake: A person must not use a motor to propel a boat.

(5) Mud Lake: A person must not use a motor to propel a boat.

(6) Pilcher Creek Reservoir: A person must not operate a motorboat in excess of a slow-no wake speed.

(7) Thief Valley Reservoir: A person must not operate a boat within 700 feet of Thief Valley Dam, as marked.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
MB 8-1988, f. 4-21-88, cert. ef. 5-15-88
MB 11-1985, f. & ef. 4-24-85
MB 7-1980, f. & ef. 12-31-80
MB 7-1978, f. 10-3-78, ef. 10-5-78, Renumbered from 250-020-0190
MB 40, f. 4-5-68

Or. Admin. R. 250-020-0340 Boat Operations in Wallowa County

(1) Grande Ronde River: A person must not use a motor to propel a boat between the Umatilla National Forest Boundary (1.5 miles below the confluence with the Wallowa River at approximately RM 80) downstream to the Oregon/Washington state line, except for landowner access for land management activities.

(2) Kinney Lake: A person must not use a motor to propel a boat.

(3) Snake River: A person must not use a motor to propel a boat between Wild Sheep Rapid and Kirkwood Historic Ranch without a valid permit from the Hells Canyon National Recreation Area or Wallowa-Whitman National forest.

(4) Wallowa Lake: A person must not operate a motorboat in excess of a slow-no wake speed within 200 feet from shore along the west side of the lake in the area bounded by the county boat ramp on the north and the mouth of the Wallowa River on the south.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 10-2016, f. 6-30-16, cert. ef. 7-1-16
MB 3-1995, f. & cert. ef. 5-31-95
MB 3-1985, f. & ef. 1-29-85

Or. Admin. R. 250-020-0350 Boat Operations in Wasco County

(1) Pine Hollow Reservoir: A person must not operate a motorboat in excess of 10 MPH in the area west of the buoy line from the day following Labor Day through June 30.

(2) Rock Creek Reservoir: A person must not use an internal combustion engine to propel a boat.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 4-2015, f. 4-30-15, cert. ef. 5-1-15
OSMB 3-2006, f. & cert. ef. 3-28-06
OSMB 3-1998, f. & cert. ef. 4-3-98
MB 8-1990, f. & cert. ef. 7-19-90
MB 46, f. 4-15-70, ef. 4-17-70, Renumbered from 250-020-0195
MB 41, f. 9-18-68

Or. Admin. R. 250-020-0370 Boat Operations in Washington County

(1) Henry Hagg Lake:

(a) A person must not operate a motorboat in excess of a slow-no wake speed within 200 feet of shore and on all waters of the lake lying west of a buoyed line located as follows: From a point on the north shore approximately 1,533 yards northwest of Scoggin Dam, to a point on the south shore approximately 2,465 yards northwest of Scoggin Dam.

(b) A person must not operate a motorboat in excess of 35 MPH east of the buoyed line and must operate in a counterclockwise direction.

(2) Tualatin River: A person must not operate a motorboat for the purpose of towed watersports.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 7-2000, f. & cert. ef. 12-1-00

Or. Admin. R. 250-020-0400 Boat Operations on the Willamette River

(1) A person must not operate a boat:

(a) Within a 150-foot semi-circle extending outwards toward the river channel from the southernmost end of the Sportcraft Marina dock from September 1 through May 31.

(b) Downstream from Willamette Falls in Oregon City in an area from the base of the falls to a line across the river between the northeast corner of the West Linn Paper Company Mill A Grinder Room on the west bank of the river to the southwest corner of the previous power plant associated with the previous Blue Heron Mill on the east bank of the river as marked.

(c) In the area commonly known as the "cul-de-sac" or the West Linn Paper Company tailrace; beginning at the mouth of the tailrace on the south bank then extending across the tailrace following the line established by the bridge across the tailrace to the north bank, then in a westerly, southerly, and easterly direction around the bank of the tailrace to the place of beginning.

(d) Closures described in (1)(b) and (1)(c) of this section do not apply to:

(A) Portland General Electric Sullivan Plant and West Linn Paper Company maintenance crews when on official business.

(B) Boats used in taking lamprey under a permit issued by the Oregon Department of Fish and Wildlife subject to the conditions specified in the permit.

(C) Holders of a Ceremonial Harvest Permit for activities conducted in accordance with OAR 635-041-0610 as adopted by the Oregon Department of Fish and Wildlife.

(D) To operate in the closed areas under special permits as prescribed in sections (1)(d)(A) and (1)(d)(B), each operator must hold a valid Oregon Boating Safety Education Card and each boat must pass an inspection by a Clackamas County Marine Law Enforcement officer for compliance with Oregon boating laws.

(2) A person must not operate a boat in excess of slow-no wake speed:

(a) From a point 50 feet south of the Center Street Bridge between Salem and West Salem and a point 50 feet north of the railroad bridge on Marion Street between Salem and West Salem.

(b) From the I-5 Boones Bridge west approximately 1,700 feet to the Railroad Bridge.

(d) From the north point of the eastern spit of Cedar Island 100 yards due north and then due west to the shoreline.

(e) Within 200 feet of shore adjacent to George Rogers Park (Lake Oswego), from the southern bank of Sucker Creek north along the west bank of the Willamette River, to a point 200 yards north of the boat ramp, as posted.

(f) Within 200 feet of west shore, as buoyed, between the southern boundary of Willamette Park Launch Ramp and the northern boundary of the Willamette Sailing Club.

(g) Within the Ross Island Lagoon and in the Holgate Channel from a line extending due east from the northern tip of Ross Island upstream to a line extending from the southern tip of Ross Island due south to the Oregon Yacht Club. These restrictions do not apply to:

(A) Federally documented commercial vessels required to be inspected under federal law, including those operated for sand and gravel operations, with the exception of passenger vessels of less than 100 gross tons, which are subject to the restriction.

(B) Safety launches while accompanying an organized rowing or paddling program, club, or school.

(3) A “Pass-through” zone is established in the Willamette River from the Hawthorne Bridge upriver to a line extending due west from the southernmost moorage in the Waverly Marina (River Mile 16.9). This pass-through zone is in effect from May 1 through September 30. In this zone, no person shall operate a motorboat pulling a water skier or towed device or engage in wake surfing as defined in OAR 250-010-0010. Additionally, a person must not operate a personal watercraft, as defined in OAR 250-021-0020, in continuous operation above 5 MPH in pass-through zones, except to transit directly through them.

(4) A person must not operate a motorboat on the Willamette River from the southernmost moorage of the Waverly Marina (River Mile 16.9) upriver to the mouth of the Yamhill River (River Mile 55.0):

(a) In excess of “slow-no wake” speed within 100 feet of a private dock, boathouse, moorage, or floating home legally permitted by the Oregon Department of State Lands.

(b) For the purposes of wakeboarding within 200 feet of a dock, boathouse, moorage, or floating home legally permitted by the Oregon Department of State Lands.

(c) In excess of “slow-no wake” speed for the purposes of towing an inflatable device within 200 feet of a dock, boathouse, moorage, or floating home legally permitted by the Oregon Department of State Lands.

(d) For the purpose of either wake surfing or maintaining a speed between “slow-no wake” and planing, where a motorboat operated at planing speed is riding on or near the water’s surface as a result of the hydrodynamic forces on the motorboat’s hull or other surface.

(5) A person must not operate a motorboat in excess of 10 MPH between the southern shore of Hog Island and the mainland in Clackamas County.

(6) A person must not operate a personal watercraft in continuous operation between Hog Island and the Union Pacific Railroad Bridge during the period from May 1 through September 30, except to transit through this zone.

(7) No person shall anchor a boat at approximately River Mile 7 in Multnomah County described in Department of State Lands Easement No. 31530-EA, Exhibit A — Legal Description — Permanent Easement.

(8) The following areas on the Willamette River are designated as racing motorboat testing areas:

(a) In Benton County, from the Harrison Street Bridge downstream 0.6 miles. Testing shall be limited to 7 pm to 9 pm on Tuesdays and Thursdays and 10 am to 12 pm on Saturdays.

(b) In Linn County, from the southern Pacific Railroad bridge to the east boundary of Bowman Park. Testing shall be limited to 8 am to 12 pm on Wednesdays.

(c) In Multnomah County in the Swan Island Lagoon. Testing shall be limited to 3 pm to 6 pm on Thursdays, Fridays, and Saturdays.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, amend filed 01/26/2023, effective 02/01/2023
OSMB 4-2022, adopt filed 05/03/2022, effective 05/03/2022

Or. Admin. R. 250-020-0410 Boat Operations on the Columbia River

(1) A person must not operate a boat within any restricted area associated with a Columbia River dam without first obtaining permission from the District Engineer, Corps. of Engineers, U.S. Army, or a duly authorized representative. These restricted areas include:

(a) Bonneville Dam:

(A) All waters of the Columbia River and Bradford Slough within 1,000 feet above and 2,000 feet below the powerhouse, as marked.

(B) The waters below Bonneville lock and dam bounded by a line commencing from the westernmost tip of Robins Island on the Oregon side of the river and running at a South 65 degrees West direction a distance of approximately 2,100 feet to a point 50 feet upstream of the Hamilton Island Boat Ramp on the Washington side of the river, as marked.

(b) The Dalles Dam: All downstream waters other than those of the navigation lock downstream approach channel which lie between The Dalles Bridge and the project axis including those waters between the powerhouse and the Oregon shore and all upstream waters other than those of the navigation lock upstream approach channel which lie between the project axis and a line projected from the upstream end of the navigation lock upstream guide wall to the junction of the concrete structure with the earth fill section of the dam near the upstream end of the powerhouse, as marked.

(c) John Day Dam: All of the waters within a distance of 1,000 yards above the dam lying south of the navigation lock channel leading to the lock and bounded by a line commencing at the upstream end of the guide wall and running in a direction 54°01'37" true for a distance of 771 yards, thence 144°01'37" true across the river to the south shoreline, as marked. The downstream limit is marked by orange and white striped monuments on both the north and south shores. These monuments are signs placed very nearly at the boat fishing deadline of 3,000 feet below the dam.

(d) McNary Dam: All waters commencing at the upstream end of the Oregon fish ladder thence running in the direction of 39°28' true for a distance of 540 yards; thence 7°49' true for a distance of 1,078 yards; thence 277°10' for a distance of 468 yards to the upstream end of the navigation lock guidewall. The downstream limits commence at the downstream end of the navigation lock guidewall thence to the Oregon shore at right angles and parallel to the axis of the dam, as marked.

(2) Approximate River Mile 7: A person must not operate a motorboat in excess of a slow-no wake speed in the Hammond Boat Basin.

(3) Approximate River Mile 11: A person must not operate a motorboat in excess of a slow-no wake speed in the East and West Mooring Basins (Astoria).

(4) Approximate River Mile 85: A person must not operate a motorboat in excess of a slow no wake speed between Sand Island and the City of St. Helens from a point 200 feet upstream of the Courthouse docks to a point 200 feet downstream of the public transient floats on Sand Island, as marked.

(5) Approximate River Mile 105: A person must not operate or anchor a boat in the following described zone in Oregon Slough (North Portland Harbor):

(a) Commencing at the northwesterly corner of that tract of land described in a Bargain and Sale Deed to RHODIA, Inc., recorded as Document No. 98028586, Multnomah County Deed Records; Thence, along the northeasterly line of said tract, S 47°46’ E, 513.54 feet to the northwest corner of the Alexander Brown Donation Land Claim; Thence, along the north line of said Claim S 48°30’ E, 764.51 feet to the POINT OF BEGINNING of the SITE AREA being described herein; Thence, N 29°58’25” E, 133.84 feet; Thence, S 62°44’22” E, 461.47 feet; Thence, S 29°58’25” W, 227.76 feet to the northeasterly line of said tract; Thence, along said northeasterly line, N 61°15’ W, 60.85 feet; Thence, along said northeasterly line, N 52°30’ W, 115.5 feet; Thence, along said northeasterly line, N 48°30’ W, 291.49 feet to the POINT OF BEGINNING as marked.

(b) This area of land contains 2.0 acres (87,008 sq. Ft.). The intent of this description is to describe a line that surrounds the limits of the sediment cap location, plus a buffer zone. Bearings based on Document No. 98028586, Multnomah County Deed Records.

(6) Approximate River Mile 105: A person must not operate a motorboat in excess of a slow-no wake speed in North Portland Harbor (Oregon Slough) from a point 800 yards west of the Burlington Northern Railroad Bridge upstream to the east end of North Portland Harbor, as marked.

(7) Approximate River Mile 107: A person must not operate a motorboat in excess of a slow-no wake speed within Hayden Bay, which is defined as all waters south and west of a line 200 feet north of the Northeast point of Hayden Island and 200 feet north of the Northwest point of Tomahawk Island, as marked.

(8) Approximate River Mile 109: A racing motorboat testing area is designated from the M. James Gleason Boat Ramp upstream to Buoy #18 (NOS Chart #18531). Testing is limited to the hours of 8 a.m. to 12 p.m., Tuesday through Friday.

(9) Approximate River Mile 113: A person must not operate a motorboat in excess of a slow-no wake speed in the area commonly referred to as Commodore’s Cove, which is the area south of the buoys along the northern shore of Government Island in the waters adjacent to the I-205 Bridge, as marked.

(10) Approximate River Mile 117: A pass-through zone is established in the south channel adjacent to McGuire Island between the east end of Big Eddy Marina and the west end of McGuire Point Marina, as marked. In this zone, a person must not operate a boat for the purpose of towed watersports. Additionally, a person must not operate a personal watercraft as defined in OAR 250-021-0020 in continuous operation above 5 MPH, except to transit directly through the zone.

(11) Approximate River Mile 118: A person must not operate a boat in excess of a slow-no wake speed within 300 feet of shore between the Big Eddy Wing dike and the wing dike east of the entrance to the Chinook Landing Boat Basin and within the Chinook Landing Boat Basin, as marked.

(12) Approximate River Mile 128: A person must not operate a motorboat in excess of a slow-no wake speed within 300 feet of the entrance to and within the Rooster Rock boat channel and boat basin.

(13) Approximate River Mile 169: A person must not operate a motorboat in excess of a slow–no wake speed in the artificial lagoon by the Port of Hood River immediately to the west of the mouth of the Hood River and Nichols Boat Basin, as marked.

(14) Approximate River Mile 181: From May 1 through September 30, a person must not operate a motorboat in excess of a slow-no wake speed in Salisbury Slough at West Mayer State Park. This includes all waters west of a line originating at the east end of West Mayer State Park swimming beach and extending northeast across the slough to the east end of spit of land separating the slough from the main river, as marked.

(15) Approximate River Mile 298: A person must not operate a motorboat in excess of a slow-no wake speed on Hat Rock Creek Inlet from 300 feet south of the inlet's confluence with the Columbia River.

(16) Approximate River Mile 299: A person operating a motorboat from the Cold Springs and Sand Station Recreation areas must operate in a counterclockwise direction.

History

Statutory/Other Authority: ORS 830.110 & ORS 830.175
Statutes/Other Implemented: ORS 830.110, ORS 830.175 & ORS 830.195
OSMB 1-2023, adopt filed 01/26/2023, effective 02/01/2023

Division 21 PERSONAL WATERCRAFT RULES

Or. Admin. R. 250-021-0010 Scope

The following rules shall govern the operation of personal watercraft operating on the waters of this state. These rules are in addition to all other applicable laws, rules and regulations governing personal watercraft.

History

Statutory/Other Authority: ORS 830.110, 830.175 & 830.195
Statutes/Other Implemented: ORS 830.110
MB 3-1990, f. 5-18-90, cert. ef. 6-1-90

Or. Admin. R. 250-021-0020 Definitions

“Personal Watercraft” means a motorboat, less than 16 feet, propelled by machinery which:

(1) Uses an outboard motor or an inboard motor powering a water jet pump as its primary source of power;

(2) Is designed to be operated by a person sitting, standing or kneeling on, rather than in the conventional manner of sitting or standing inside the vessel.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.110
MB 8-1997, f. & cert. ef. 10-8-97
MB 3-1990, f. 5-18-90, cert. ef. 6-1-90

Or. Admin. R. 250-021-0030 Operating Rules

(1) A person must not operate a personal watercraft unless each person operating or riding on such vessel is wearing an inherently buoyant Coast Guard approved wearable personal flotation device (PFD) as defined in OAR 250-010-0010.

(2) A person operating a personal watercraft equipped by the manufacturer with a lanyard type engine cutoff switch must attach such lanyard to their person, clothing, or personal flotation device.

(3) A person must not operate a personal watercraft unless it is effectively muffled in accordance with OAR 250-010-0121.

(4) A person must not operate a personal watercraft at any time between sunset and sunrise unless equipped with lights as prescribed in OAR Chapter 250, Division 011.

(5) Every personal watercraft shall at all times be operated in a reasonable and prudent manner. Maneuvers which unreasonably or unnecessarily endanger life, limb or property, including but not limited to weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to said vessel or when visibility around said vessel is obstructed, and swerving at the last possible moment to avoid collision shall constitute unsafe or reckless operation of a vessel, as provided in ORS 830.305 or 830.315.

(6) The provisions of section (5) of this rule do not apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in an officially sanctioned regatta, race, marine parade, tournament, or exhibition.

(7) A person must not operate a personal watercraft in excess of a slow-no wake speed:

(a) Within 200 feet of a boat launch ramp, dock, swim float, pier, marina or moorage, floating home or boathouse, or locations where persons are working at water levels on floats, logs or waterway construction;

(b) Within 200 feet of a swimmer, surfer, diving flag, bank or wading angler;

(d) Except on safe take-offs and landings, a person must not operate a personal watercraft in excess of a slow-no wake speed within 200 feet of shoreline on all lakes, bays and reservoirs. A safe take-off or landing will not be considered "safe" unless it can be accomplished without risk to any swimmer or craft within 200 feet from shoreline.

(8) A person must not operate a personal watercraft in excess of 10 MPH when approaching within 100' of another motorized or sail vessel underway.

(9) A person must not operate a personal watercraft within 200 feet directly behind a water skier being towed.

(10) A person must not tow a water skier or any floating device with a personal watercraft unless:

(a) Another person on the personal watercraft is continuously observing the person being towed; and

(b) The personal watercraft is large enough to carry operator, observer and the person being towed; and

(c) The personal watercraft is equipped with a "skier-down" flag to be held aloft when the skier or person being towed is down in the water; and

(d) The personal watercraft is being operated between sunrise and sunset.

(11) Personal watercraft may be used to tow another vessel when rendering assistance.

(12) A person under the age of 16 must not operate a personal watercraft on the waters of this state, unless accompanied by a person 18 years of age or older on board, or as provided in OAR 250-021-0036.

(13) A person who owns a personal watercraft or who has charge over or control of a personal watercraft must not authorize or knowingly permit that personal watercraft to be operated by a person under 16 years of age, unless accompanied by a person 18 years of age or older, or as provided in OAR 250-021-0036.

(14) A person must not rent a personal watercraft to a person under the age of 18.

(15) A person must not chase, harass, molest, worry or disturb any wildlife with a personal watercraft except while engaged in lawfully angling for, hunting or trapping such wildlife (ORS 498.006).

History

Statutory/Other Authority: ORS 830.110, ORS 830.175, ORS 830.195 & ORS 830.250
Statutes/Other Implemented: ORS 830.110
OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020
OSMB 3-2020, amend filed 01/30/2020, effective 02/03/2020
OSMB 6-2019, temporary amend filed 07/17/2019, effective 07/17/2019 through 12/31/2019
OSMB 6-2015, f. 6-26-15, cert. ef. 7-1-15
OSMB 1-1999, f. & cert. ef. 1-26-99
MB 9-1997, f. & cert. ef. 10-8-97
MB 8-1996, f. 4-12-96, cert. ef. 7-1-96
MB 6-1994, f. & cert. ef. 4-28-94
MB 9-1990, f. & cert. ef. 11-16-90
MB 3-1990, f. 5-18-90, cert. ef. 6-1-90

Or. Admin. R. 250-021-0036 Youth Competitions and Training

(1) A youth age 12 to 15 may independently operate a personal watercraft when competing in a Marine Board-sanctioned competition per OAR 250-010-0095 when the following requirements are met.

(a) The youth holds a NASBLA-approved boating education card.

(b) The youth carries a license, certificate or membership issued through a race-sanctioning organization.

(2) If participating in training, in addition to the requirements of 250-021-0036(1), the following must occur:

(a) An on-site sponsor, age 18 or older and who holds a NASBLA-approved boating education card, must be present and be able to provide on-water assistance, as needed.

(b) The youth or the sponsor must carry a valid letter of approval issued by the Marine Board.

History

Statutory/Other Authority: ORS 830.110, ORS 830.375 & ORS 830.082 - ORS 830.096
OSMB 3-2020, adopt filed 01/30/2020, effective 02/03/2020

Or. Admin. R. 250-021-0040 Special Local Restrictions — Personal Watercraft Applicability

(1) Lakes and reservoirs (impoundments) are open to the operation of personal watercraft subject to local operating rules found in OAR chapter 250, division 20.

(2) All rivers of this state including any tributary streams or rivers entering the Willamette River are closed to the operation of personal watercraft, except as noted:

(a) Columbia River is open.

(b) Clackamas River is open only between the Willamette River and the lagoon (RM 0.7). The lagoon is open.

(d) Chetco is closed only in the area above the head of tide.

(e) Rogue is closed only in the area between mouth of Snout Creek and the Applegate River and the area above the former location of Gold Ray Dam.

(f) Yaquina River is closed only in the area upstream of the Toledo Airport boat ramp at RM 9.5.

(g) John Day River (Sherman/Gilliam County) is closed only in the area above Tumwater Falls (RM 10).

(h) Deschutes River is closed only in the area above Heritage Landing boat ramp (RM 0.5).

(i) Coos is closed only in the area above its confluence with the Millicoma River.

(j) Coquille is closed only in the area above the Highway 42S bridge in the City of Coquille.

(k) Umpqua is closed only in the area above Scottsburg Park.

(l) Siuslaw is closed only in the area above Highway 126 bridge at Mapleton.

(m) Pistol, Sixes, Elk Rivers as per OAR 250-020-0082.

(n) East and West Fork Millicoma as per OAR 250-020-0064.

(o) Alsea, Salmon and Siletz Rivers as per OAR 250-20-0231.

(p) Kilchis, Miami, Wilson, Tillamook, Trask Rivers as per OAR 250-020-0308.

(q) Nehalem as per OAR 250-020-0300.

(r) Necanicum as per OAR 250-020-0043.

(s) Snake River above Brownlee Reservoir is open.

(3) Notwithstanding the provisions of OAR 250-010-0121(c), a person must not operate a personal watercraft in a manner that exceeds 75 dBA measured as specified in the shoreline sound level measurement procedure for recreational motorboats J1970_201102 on the Willamette River from Willamette Falls (River Mile 26.6) downstream to the Waverly Marina (River Mile 16.9).

History

Statutory/Other Authority: ORS 830.110, ORS 830.175 & ORS 830.195
Statutes/Other Implemented: ORS 830.110, ORS 830.175, ORS 830.195 & ORS 830.260
OSMB 7-2022, minor correction filed 11/29/2022, effective 11/29/2022
OSMB 5-2022, amend filed 10/05/2022, effective 10/05/2022
OSMB 2-2022, temporary amend filed 04/07/2022, effective 04/08/2022 through 10/03/2022
OSMB 6-2015, f. 6-26-15, cert. ef. 7-1-15
OSMB 6-2011, f. 4-25-11, cert. ef. 5-2-11
OSMB 1-2011(Temp), f. & cert. ef. 1-3-11 thru 6-30-11
MB 6-1992, f. & cert. ef. 4-30-92
MB 9-1990, f. & cert. ef. 11-16-90
MB 3-1990, f. 5-18-90, cert. ef. 6-1-90

Or. Admin. R. 250-021-0100 Personal Watercraft Livery Operations

A person must not rent, lease or charter a personal watercraft unless the following equipment is provided:

(1) All equipment required by ORS 830.210, 830.410 and 830.420.

(2) An inherently buoyant wearable personal flotation device (PFD) must be provided for each person that will ride the personal watercraft. The PFD must be worn to meet OAR 250-021-0030(1). Inflatable PFDs are not acceptable for personal watercraft rentals.

(3) A decal explaining safe operation of personal watercraft must be affixed to every rental personal watercraft and displayed so it is clearly visible to the operator while at the controls. The decal must, at a minimum, contain information regarding proper use of controls, steering, speed and distance rules, rules of the road and required PFD wearing.

(4) A written copy of Oregon's personal watercraft rules must be provided to the renter, and any person who will operate the personal watercraft while rented, leased or chartered. The Watercraft Rental Safety Checklist (Checklist) shall be reviewed by the livery operator with the rental customer and signed by both parties. The bottom portion of the Checklist, signed by the livery operator and renter, must be carried by the operator on the personal watercraft as required by ORS 830.092. The rest of the Checklist must be retained by the livery operator with the record of the rental as required by ORS 830.415.

[ED. NOTE: Forms referenced are available from the agency.]

History

Statutory/Other Authority: ORS 830.110, ORS 830.195 & ORS 830.250
Statutes/Other Implemented: ORS 830.110
OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020
OSMB 6-2015, f. 6-26-15, cert. ef. 7-1-15
OSMB 13-1998, f. & cert. ef. 7-24-98
MB 10-1997, f. & cert. ef. 10-8-97

Division 22 KLAMATH LAKE PLANKTON HARVEST VESSEL RULES

Or. Admin. R. 250-022-0010 Purpose

This division prescribes minimum equipment and safety requirements for vessels engaged in the harvest of plankton from Klamath Lake. Authority for these rules is found in ORS 830.110 and Chapter 737, Oregon Laws 1997.

History

Statutory/Other Authority: ORS 830.110, 830.210 & 830.990
Statutes/Other Implemented: ORS 830.990
OSMB 4-1998, f. & cert. ef. 4-3-98

Or. Admin. R. 250-022-0020 Scope

This division contains minimum requirements for boats and associated equipment, but does not relieve vessel owners and operators from the need to comply with other federal, state or local regulations that may apply.

History

Statutory/Other Authority: ORS 830.110, 830.210 & 830.990
Statutes/Other Implemented: ORS 830.990
OSMB 4-1998, f. & cert. ef. 4-3-98

Or. Admin. R. 250-022-0030 Definitions

(1) For the purpose of this division and the applicability of ORS Chapter 830 and associated administrative rules found in OAR chapter 250, the terms “vessel” and “associated watercraft,” as used in Chapter 737, Oregon Laws 1997, have the same meaning as the term “boat” in ORS 830.005(2).

(2) For the purpose of this division and the applicability of ORS Chapter 830 and associated administrative rules found in OAR chapter 250, the terms “vessel” and “associated watercraft,” as used in Chapter 737, Oregon Laws 1997, have the same meaning as the term “motorboat” in ORS 830.005(4), if the vessel or associated watercraft is propelled, in whole, or in part, by machinery.

History

Statutory/Other Authority: ORS 830.110, 830.210 & 830.990
Statutes/Other Implemented: ORS 830.990
OSMB 4-1998, f. & cert. ef. 4-3-98

Or. Admin. R. 250-022-0040 Title and Registration Requirements

Unless documented with the U.S. Coast Guard, all vessels engaged in plankton harvest that are powered by machinery must be titled and numbered in accordance with ORS Chapter 830, and must comply with proper display of number as provided in ORS 830.780.

History

Statutory/Other Authority: ORS 830.110, 830.210 & 830.990
Statutes/Other Implemented: ORS 830.990
OSMB 4-1998, f. & cert. ef. 4-3-98

Or. Admin. R. 250-022-0050 Equipment Requirements

All vessels engaged in plankton harvest must comply with the provisions of the following statutes and related administrative rules: State Statute — Applicable to Klamath Plankton Harvest Vessels:

(1) ORS 830.210 — Yes — Operating improperly equipped boat prohibited.

(2) ORS 830.215 — Modified — Personal Flotation Devices. All vessels must carry one U.S. Coast Guard approved Type I Personal Flotation Devices for each crew member. In addition, there must be at least one U.S. Coast Guard approved throwable device (Type IV) in an accessible location on each vessel.

(3) ORS 830.220 — Modified — Fire Extinquishers. Must comply with U.S. Coast Guard standards for commercial vessels 46 CFR 28.160 and 46 CFR 25.30.

(4) ORS 830.225 — Modified — Lights. Must comply with U.S. Coast Guard regulations for inland navigation lights contained in 1972 COLREGS.

(5) ORS 830.230 — Modified — Sound signaling devices. Must comply with U.S. Coast Guard standards for sound signaling apparatus on inland waters.

(6) ORS 830.230 — Yes — Bell. Comply with requirements of 1972 COLREGS. Vessels les than 40 feet in length may in lieu of ringing a bell shall make some other efficient sound signal.

(7) ORS 830.235 — Yes — Carburetors. Must have approved backfire flame device.

(8) ORS 830.240 — Yes — Ventilation systems.

(9) ORS 830.260 — Yes — Muffling devices.

(10) ORS 830.250 — Yes — First aid kit (equivalent to requirement for ocean charter boats as per OAR 250-015-0016).

(11) OAR 830.250 — Yes — Communications. All vessels must have a VHF marine band radio, CB or cell phone on board when underway.

History

Statutory/Other Authority: ORS 830.110, 830.210 & 830.990
Statutes/Other Implemented: ORS 830.990
OSMB 4-1998, f. & cert. ef. 4-3-98

Or. Admin. R. 250-022-0060 Operating Requirements

The provisions of ORS 830.300 to 830.370, and 830.505 to 830.550 and any related administrative rules do apply to all vessels engaged in the harvest of plankton on Klamath Lake.

History

Statutory/Other Authority: ORS 830.110, 830.210 & 830.990
Statutes/Other Implemented: ORS 830.990
OSMB 4-1998, f. & cert. ef. 4-3-98

Division 26 SALVAGED VESSEL SUBACCOUNT

Or. Admin. R. 250-026-0005 Purpose of Rules

(1) The Oregon State Marine Board (Board) will establish and maintain a Salvaged Vessel Subaccount. Funds from this account will reimburse enforcement agencies for expenses related to the removal of abandoned and derelict vessels.

(2) The Board will provide vessel turn-in program grants to assist in the disposal of vessels at risk of abandonment on the waters of this state.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.948
OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

Or. Admin. R. 250-026-0010 Responsibility for Removal of Abandoned or Derelict Vessels

(1) The enforcement agency that has jurisdictional responsibility for the submerged or submersible land or water on which an abandoned vessel or a derelict vessel is located will take responsibility for its removal and disposal.

(2) The Board may enter into cooperative agreements to directly procure vessel salvage and removal services from contractors.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.948
OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

Or. Admin. R. 250-026-0015 Identification of Owners

(1) The enforcement agency must contact the Board to verify the ownership record of an abandoned or derelict vessel.

(2) If the vessel is a boat, an enforcement agency must provide the Board with:

(a) A description of the boat;

(b) The registration numbers and decal information affixed to the bow of the boat, if present;

(d) A hull identification number (HIN).

(3) If the vessel is a floating home, boathouse or other floating structure that is normally secured to a pier or pilings the enforcement agency must provide the identifying license plate number.

(4) The Board will attempt to verify ownership through registration documentation.

(5) The Board will search the Law Enforcement Database System (LEDS) to determine if the vessel has been reported stolen.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.948
OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

Or. Admin. R. 250-026-0020 Notification of Vessel Seizure

(1) Enforcement agencies that intend to seize an abandoned or derelict vessel under the authority of ORS 830.911 must provide the Board with a copy of the “pre-seizure notice” on the same date it’s sent to the owner.

(2) Enforcement agencies that immediately seize an abandoned or derelict vessel that presents a hazard to navigation or an imminent threat to public health or safety under the authority of ORS 830.923 must provide the Board with a copy of the “post-seizure notice” within seven days of the seizure.

(3) The Board may request additional information from the enforcement agency, i.e., location coordinates, photographs of the vessel, incident or other law enforcement reports.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.948
OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

Or. Admin. R. 250-026-0025 Availability of Funds

(1) Enforcement agencies are encouraged to verify the availability of funds in the Salvaged Vessel Subaccount prior to incurring salvage, towing, storage and disposal expenses.

(2) The Board will retain up to 20 percent of the Salvaged Vessel Subaccount until the beginning of the third quarter of the final year of each biennium; at which time, the funds could be disbursed.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.948
OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

Or. Admin. R. 250-026-0030 Expense Documentation

(1) The Board requires receipt of expense documentation from enforcement agencies prior to the release of funds from the Salvaged Vessel Subaccount:

(a) Pre-seizure: a written estimate of the salvage, towing, storage and disposal costs. This estimate must itemize expenses and include a description of how the salvage, towing, storage and disposal will be accomplished.

(b) Post-seizure: itemized expenses incurred by the enforcement agency by reason of the seizure, and the amount of those costs that have accrued as of the date of the post-seizure notice. The enforcement agency must also submit a complete estimate of remaining storage and disposal costs, and a description of how the storage and disposal will be accomplished.

(2) Expense documentation must be in writing and submitted by email or fax within ten days of seizure action.

(3) The Board will review documentation of incurred expenses and cost estimates to confirm eligibility and to ensure match requirements are met.

(4) The Board will prepare an Intergovernmental Project Agreement for signature by the parties prior to the reimbursement of eligible expenses.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.948
OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

Or. Admin. R. 250-026-0035 Vessels Eligible for Reimbursement

(1) Enforcement agencies are eligible for reimbursement from the Salvaged Vessel Subaccount for:

(a) Abandoned or derelict vessels that are seized under ORS 830.908 to 830.944 and are on the waters of this state; and

(b) Vessels surrendered by owners as part of a Board approved vessel turn-in program.

(2) Enforcement agencies may be eligible for reimbursement from the Salvaged Vessel Subaccount for vessels surrendered by owners independent of a Board approved vessel turn-in program.

(3) Enforcement agencies are not eligible for reimbursement from the Salvaged Vessel Subaccount for :

(a) Vessels that are abandoned on public or private land;

(b) Vessels which have been reported stolen; and

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.948
OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

Or. Admin. R. 250-026-0040 Match Requirements

(1) An enforcement agency must contribute a minimum of 10 percent of the total cost of salvage, towing, storage and disposal of an abandoned vessel or a derelict vessel that is or has been registered with the Board or is in the determination of the Board a recreational vessel.

(2) An enforcement agency must contribute a minimum of 25 percent of the total cost of salvage, towing, storage and disposal of an abandoned vessel or a derelict vessel that has never been registered with the Board and is or was a commercial vessel.

(3) Match may be cash or "in-kind" materials or services, i.e., use of enforcement agency equipment for towing and salvage, property for storage, enforcement agency staff time for investigation, identification of owners, contact with owners, preparation of pre and post seizure notices, hearings, and correspondence and coordination with the Board and other agencies.

(4) Matching funds may be provided by the enforcement agency or as part of a cooperative project with another enforcement agency.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.948
OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

Or. Admin. R. 250-026-0045 Eligible Expenses and Match

(1) An enforcement agency is eligible to receive reimbursements for expenses directly related to the salvage, towing, storage and disposal of an abandoned or derelict vessel. These expenses include but are not limited to:

(a) Salvaging a sunken vessel;

(b) Towing a vessel;

(d) Dismantling a vessel;

(e) Disposing of the vessel waste.

(2) The following types of expenses are not eligible for reimbursement and cannot be used for the matching funds requirements:

(a) Indirect costs such as overhead and administration not specifically related to vessel removal and disposal;

(b) Expenses related to tort claims or compensatory damages filed by third parties for lost or damaged personal or real property;

(d) Expenses for new equipment or machinery purchased by an enforcement agency to complete a removal or cleanup.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.948
OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

Or. Admin. R. 250-026-0050 Use of Contractors

Enforcement agencies must follow all applicable local and state laws, ordinances, and rules with respect to contracting for services.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.948
OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

Or. Admin. R. 250-026-0055 Vessel Turn-in Program Grants

(1) Grants are available to public agencies to sponsor a vessel turn-in program. These programs will allow owners to surrender vessels at risk of becoming abandoned or derelict before the vessels damage the environment or become a hazard to navigation.

(2) Recreational vessels, acknowledged by the Board, in danger of becoming abandoned or derelict are eligible for removal through a vessel turn-in grant. The owner of the vessel must:

(a) Surrender the vessel by signing a release of interest on the certificate of title;

(b) Provide the title to the public agency; or

(3) Any public agency may submit a proposal to the Board for a vessel turn-in grant to be funded in part from the Salvaged Vessel Subaccount. Proposals must be submitted in writing by mail, email, or fax.

(4) The proposal for a vessel turn-in program grant must include a description of:

(a) How the turn-in program will be advertised or how boats will be identified for surrender;

(b) The dates and times for any turn-in events;

(d) The criteria used by the public agency to determine if a vessel was in danger of being an abandoned vessel or a derelict vessel and was likely to cause damage to the environment or become a hazard to navigation;

(e) A description of how surrendered boats will be removed and disposed of;

(f) An estimate of the number of boats that will be surrendered;

(g) An itemized list of expenses associated with the turn-in program;

(h) The total amount of funds requested; and

(i) Any cash or in-kind match to be provided by the public agency.

(5) The Board will review the proposed vessel turn-in program. Grant decisions will be based upon criteria outlined in 250-026-0055(4)(a)–(i), as well as, funds available in the Salvaged Vessel Subaccount. The Board will provide its decision in writing.

(6) If the Board approves the vessel turn-in program grant, the Board will prepare an Intergovernmental Project Agreement for signature by the parties prior to the grant award.

History

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.948
OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14

Division 30 SCENIC WATERWAYS

Or. Admin. R. 250-030-0100 Restrictions for the Chetco River

A person must not use a motor for propelling a boat for any purpose above the Rogue-Siskiyou National Forest Boundary, as marked.

History

Statutory/Other Authority: ORS 830.110 & 830.175
Statutes/Other Implemented: ORS 830.110
OSMB 1-2015, f. 1-11-16, cert. ef. 2-1-16

Or. Admin. R. 250-030-0110 Restrictions for the Deschutes River

(1) A person must not use a motor for propelling a boat for any purpose:

(a) On the portion of the river bordering the Warm Springs Reservation, year round (ORS 830.180);

(b) Between the northern boundary of the Warm Springs Reservation and the mouth of Buckhollow Creek (downstream from Sherars Falls), year round, with the exception of a person who has been issued a Special Boater Pass under OAR 736-040-0071(10) by Oregon Parks and Recreation Department (ORPD) or its designated contractor;

(c) Between the mouth of Buckhollow Creek and Macks Canyon Campground from June 15 to September 30, with the exception of a person who has been issued a Special Boater Pass under OAR 736-040-0071(10) by ORPD or its designated contractor;

(2) In the area between Macks Canyon Campground and the Heritage Landing boat ramp:

(a) Use of motors is prohibited on alternating Thursday, Friday, Saturday and Sunday periods beginning with the first Thursday-Sunday period that falls on or after June 15 and continuing through September 30;

(b) There are no daily restrictions on motorized use from October 1 to June 14.

(3) A person must not operate a motorboat in excess of a "slow-no wake speed on the Deschutes River from the confluence with the Columbia River upstream to a point approximately 1,500 feet (500 yards) as marked.

(4) A person must not operate more than two round trips from Heritage Landing Boat Ramp or Macks Canyon Boat Ramp per day, except for emergencies.

(5) A person must not operate a motorboat with more than seven persons on board including the operator. The passenger capacity restriction does not apply to:

(a) Persons operating under a Special Boater Pass under OAR 736-040-0071(10) by ORPD or its designated contractor;

(b) U.S. Coast Guard certified tour boat with a maximum of 16 persons operating under BLM Special Use Permit between the confluence with the Columbia River and Sherars Falls.

(6) A special "pass through" zone is established from the "slow-no wake" zone below Moody Rapids and the upstream end of Rattlesnake Rapids, as posted. A person must not stop or anchor any boat for the purpose of picking up or discharging passengers in this zone, except in an emergency.

History

Statutory/Other Authority: ORS 830.110 & 830.175
Statutes/Other Implemented: ORS 830.175
OSMB 4-2020, temporary amend filed 03/26/2020, effective 03/28/2020 through 04/30/2020
OSMB 2-2017, f. 7-17-17, cert. ef. 8-1-17
OSMB 1-2015, f. 1-11-16, cert. ef. 2-1-16

Or. Admin. R. 250-030-0120 Restrictions for the Illinois River

A person must not use a motor for propelling a boat for any purpose from Deer Creek downstream to Nancy Creek, which is located in the area immediately upstream of Oak Flat.

History

Statutory/Other Authority: ORS 830.110 & 830.175
Statutes/Other Implemented: ORS 830.110
OSMB 1-2015, f. 1-11-16, cert. ef. 2-1-16

Or. Admin. R. 250-030-0130 Restrictions for the John Day River System

(1) A person must not use a motor for propelling a boat for any purpose:

(a) Between Service Creek and Clarno Bridge on State Highway 218 from May 1 to September 30 except for 250-030-0130(2);

(b) Between Clarno Bridge on State Highway 218 to Cottonwood Bridge on State Highway 206 year round;

(d) On the South Fork John Day River year round.

(2) Electric motors with 40 lbs. of trust or less may be used between Service Creek and Clarno Bridge on State Highway 218 year around.

History

Statutory/Other Authority: ORS 830.110 & 830.175
Statutes/Other Implemented: ORS 830.110
OSMB 5-2020, temporary amend filed 03/26/2020, effective 03/28/2020 through 04/30/2020
OSMB 1-2015, f. 1-11-16, cert. ef. 2-1-16

Or. Admin. R. 250-030-0140 Restrictions for the Minam River

A person must not use a motor for propelling a boat for any purpose from Minam Lake downstream to the Wallowa River.

History

Statutory/Other Authority: ORS 830.110 & 830.175
Statutes/Other Implemented: ORS 830.110
OSMB 1-2015, f. 1-11-16, cert. ef. 2-1-16

Or. Admin. R. 250-030-0150 Restrictions for the Owyhee River System

A person must not use a motor for propelling a boat for any purpose on the West Little Owyhee, North Fork Owyhee and the mainstem Owyhee River above approximately river mile 70 at Pinnacle Rock, as marked.

History

Statutory/Other Authority: ORS 830.110 & 830.175
Statutes/Other Implemented: ORS 830.110
OSMB 1-2015, f. 1-11-16, cert. ef. 2-1-16

Or. Admin. R. 250-030-0160 Restrictions for the Rogue River

(1) A person must not use a motor for propelling a boat for any purpose from Grave Creek downstream to the lowermost portion of Blossom Bar Rapids, approximately 250 feet upstream of the top of Devil’s Staircase Rapids, as marked, between May 15 and November 15.

(2) A person must not anchor a boat, except within ten feet of the shoreline, in the following river segments, which are designated "anchoring prohibited" zones, during the period August 1 to September 30:

(a) From a point approximately 100 yards upstream of the confluence with the Applegate River to a point approximately 450 yards downstream of that confluence at River Mile (RM) 94.8 as marked;

(b) From RM 93.5 to 94.5, as marked.

(3) A person must not anchor, stop or otherwise hold their boat’s position in such a manner as to impede the safe navigation of any other craft in the Brushy Chutes “pass through” zone, from a point approximately 200 feet upstream of the island at RM 88 to a point approximately 750 feet downstream of that island, as marked, during the period August 1 to September 30.

History

Statutory/Other Authority: ORS 830.110 & 830.175
Statutes/Other Implemented: ORS 830.110
OSMB 13-2018, temporary suspends temporary OSMB 12-2018, filed 08/08/2018, effective 08/08/2018 through 01/25/2019
OSMB 12-2018, temporary amend filed 08/03/2018, effective 08/03/2018 through 01/25/2019
OSMB 11-2018, temporary amend filed 07/30/2018, effective 07/30/2018 through 01/25/2019
OSMB 1-2015, f. 1-11-16, cert. ef. 2-1-16

Or. Admin. R. 250-030-0170 Restrictions for the Salmon River in Clackamas County

A person must not use a motor for propelling a boat for any purpose on the Salmon River in Clackamas County.

History

Statutory/Other Authority: ORS 830.110 & 830.175
Statutes/Other Implemented: ORS 830.110
OSMB 1-2015, f. 1-11-16, cert. ef. 2-1-16

Or. Admin. R. 250-030-0180 Restrictions for the Sandy River

A person must not use a motor for propelling a boat for any purpose From Dodge Park downstream to Dabney State Park.

History

Statutory/Other Authority: ORS 830.110 & 830.175
Statutes/Other Implemented: ORS 830.110
OSMB 1-2015, f. 1-11-16, cert. ef. 2-1-16