justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.110 & ORS 830.955 History: OSMB 16-2018, adopt filed 12/05/2018, effective 01/01/2019
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. (c) Pliable (soft) plastic sheets, 7 mils or more in thickness, chemically or securely bonded. (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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.110 & ORS 830.955 History: OSMB 17-2018, adopt filed 12/05/2018, effective 01/01/2019
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.110 & ORS 830.955 History: OSMB 17-2018, adopt filed 12/05/2018, effective 01/01/2019
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.110 History: OSMB 3-2019, adopt filed 01/28/2019, effective 02/01/2019
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. (c) Surfboards, sailboards and kiteboards. (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 (c) Exhibit an altered Waterway Access Permit to a peace officer. (5) The Waterway Access Permit expires on December 31 of the year indicated on the permit. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: 2019 SB 47 & 2025 HB 2982 History: 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
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: 2019 HB 2077 History: OSMB 10-2019, adopt filed 11/26/2019, effective 01/01/2020
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. Statutory/Other Authority: ORS 830.110 & ORS 830.175 Statutes/Other Implemented: ORS 830.335 & ORS 830.340 History: OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
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. Statutory/Other Authority: ORS 830.110 & ORS 830.175 Statutes/Other Implemented: ORS 830.335 & ORS 830.340 History: OSMB 5-2015, f. 6-26-15, cert. ef. 7-1-15
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. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110 History: 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
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. Statutory/Other Authority: ORS 830.110 & ORS 830.250 Statutes/Other Implemented: ORS 830.225 History: 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
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; (c) A sternlight, 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; (c) A sternlight, 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; (c) A sternlight, 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. (5) In an inconspicuous, partly submerged vessel or object being towed, a white all-round light, three miles. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.225 History: 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
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; (c) Sidelights; and (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. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.225 & ORS 830.250 History: 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
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. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.250 History: 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
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. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.250 History: 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
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. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.250 History: 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
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. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.250 History: 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
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. Statutory/Other Authority: ORS 830.110 & ORS 830.250 Statutes/Other Implemented: ORS 830.035 History: 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
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. Statutory/Other Authority: ORS 830.110 & ORS 830.250 Statutes/Other Implemented: ORS 830.035 History: 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
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. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.230 History: 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