justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 704.500 & 704.025 Statutes/Other Implemented: ORS 704.025 History: OSMB 4-2014, f. & cert. ef. 1-15-14 OSMB 15-2011, f. & cert. ef. 11-1-11
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. Statutory/Other Authority: ORS 704.500 & 704.025 Statutes/Other Implemented: ORS 704.025 History: OSMB 15-2011, f. & cert. ef. 11-1-11
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 (c) Has a charter or bylaws by which it conducts its regular business. (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. Statutory/Other Authority: ORS 830.110 & 704.500 Statutes/Other Implemented: ORS 704.525 History: OSMB 4-2014, f. & cert. ef. 1-15-14
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. Statutory/Other Authority: ORS 183 & 704 Statutes/Other Implemented: ORS 183 & 704 History: OSMB 17-2016, f. 11-2-16, cert. ef. 1-1-17
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. Statutory/Other Authority: ORS 704.500 & ORS 704.900 Statutes/Other Implemented: ORS 704.900 History: OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025 OSMB 17-2016, f. 11-2-16, cert. ef. 1-1-17
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.055 History: OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12 MB 1-1994, f. & cert. ef. 2-23-94
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.055 History: OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12 MB 1-1994, f. & cert. ef. 2-23-94
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.055 History: OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12 MB 1-1994, f. & cert. ef. 2-23-94
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.055 History: OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12 MB 1-1994, f. & cert. ef. 2-23-94
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.082 - 830.096 History: 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
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.082 - 830.096 History: 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
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.082 - 830.096 History: 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
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.082 - 830.096 History: 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
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.082 - 830.096 History: 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
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.082 - 830.096 History: 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
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.082 - 830.096 History: 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