justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.225, ORS 830.230 & ORS 830.250 History: 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
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. Statutory/Other Authority: ORS 830.110 & 830.150 Statutes/Other Implemented: ORS 830.150 History: 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
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. Statutory/Other Authority: ORS 830.150 Statutes/Other Implemented: ORS 830.137 History: OSMB 4-2021, adopt filed 04/26/2021, effective 05/01/2021
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. Statutory/Other Authority: ORS 830.150 Statutes/Other Implemented: ORS 830.137 History: OSMB 4-2021, adopt filed 04/26/2021, effective 05/01/2021
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. Statutory/Other Authority: ORS 830.618 Statutes/Other Implemented: ORS 830.621 History: OSMB 8-2020, adopt filed 05/21/2020, effective 06/01/2020
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. Statutory/Other Authority: ORS 830.618 Statutes/Other Implemented: ORS 830.621 History: OSMB 8-2020, adopt filed 05/21/2020, effective 06/01/2020
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. Statutory/Other Authority: ORS 830.618 Statutes/Other Implemented: ORS 830.621 History: OSMB 1-2022, amend filed 03/08/2022, effective 03/09/2022 OSMB 8-2020, adopt filed 05/21/2020, effective 06/01/2020
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. Statutory/Other Authority: ORS 830.150 Statutes/Other Implemented: ORS 830.150 History: OSMB 1-2022, adopt filed 03/08/2022, effective 03/09/2022
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. Statutory/Other Authority: ORS 830.150, ORS 830.618 & ORS 830.621 Statutes/Other Implemented: ORS 830.150 History: OSMB 1-2022, adopt filed 03/08/2022, effective 03/09/2022
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. Statutory/Other Authority: ORS 830.150, ORS 830.618 & ORS 830.621 Statutes/Other Implemented: ORS 830.150 History: 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
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. 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 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
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.430 - 830.460 History: OSMB 5-2014, f. & cert. ef. 1-15-14 MB 6-1989, f. 12-20-89, cert. ef. 1-1-90
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). Statutory/Other Authority: ORS 830.430 Statutes/Other Implemented: ORS 830.430 History: OSMB 6-2022, amend filed 10/06/2022, effective 10/06/2022 OSMB 11-2021, adopt filed 12/20/2021, effective 01/01/2022
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). 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 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
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 704.025 & 830.435 History: OSMB 5-2014, f. & cert. ef. 1-15-14 OSMB 3-2007, f. & cert. ef. 3-21-07
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 (c) The identifying number of such replacement boat. (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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.430 - 830.460 History: OSMB 5-2014, f. & cert. ef. 1-15-14 MB 6-1989, f. 12-20-89, cert. ef. 1-1-90
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. Statutory/Other Authority: ORS 830.437 Statutes/Other Implemented: ORS 830.437 & ORS 830.450 History: OSMB 4-2017, adopt filed 12/04/2017, effective 01/01/2018
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; (C) Marine VHF Radio; or (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 (c) Be clearly visible and legible. (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. Statutory/Other Authority: ORS 830.437, ORS 830.450 & ORS 830.420 Statutes/Other Implemented: ORS 830.450 History: OSMB 11-2021, amend filed 12/20/2021, effective 01/01/2022 OSMB 4-2017, adopt filed 12/04/2017, effective 01/01/2018
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.450 History: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90
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. Statutory/Other Authority: ORS 830.110 & 830.175 Statutes/Other Implemented: ORS 830.450 History: 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