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. (c) Operated by a USCG-licensed mariner with an Operator’s License appropriate to the type of operation conducted. (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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.430 - 830.460 History: OSMB 11-2021, amend filed 12/20/2021, effective 01/01/2022 OSMB 5-2014, f. & cert. ef. 1-15-14