justicedao/ipfs_state_laws huggingface dataset:
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.] Statutory/Other Authority: ORS 830.110, ORS 830.195 & ORS 830.250 Statutes/Other Implemented: ORS 830.110 History: 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
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. Statutory/Other Authority: ORS 830.110, 830.210 & 830.990 Statutes/Other Implemented: ORS 830.990 History: OSMB 4-1998, f. & cert. ef. 4-3-98
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. Statutory/Other Authority: ORS 830.110, 830.210 & 830.990 Statutes/Other Implemented: ORS 830.990 History: OSMB 4-1998, f. & cert. ef. 4-3-98
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. Statutory/Other Authority: ORS 830.110, 830.210 & 830.990 Statutes/Other Implemented: ORS 830.990 History: OSMB 4-1998, f. & cert. ef. 4-3-98
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. Statutory/Other Authority: ORS 830.110, 830.210 & 830.990 Statutes/Other Implemented: ORS 830.990 History: OSMB 4-1998, f. & cert. ef. 4-3-98
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. Statutory/Other Authority: ORS 830.110, 830.210 & 830.990 Statutes/Other Implemented: ORS 830.990 History: OSMB 4-1998, f. & cert. ef. 4-3-98
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. Statutory/Other Authority: ORS 830.110, 830.210 & 830.990 Statutes/Other Implemented: ORS 830.990 History: OSMB 4-1998, f. & cert. ef. 4-3-98
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.948 History: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.948 History: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14
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; (c) The documentation number if the boat is a documented vessel; and (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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.948 History: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.948 History: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.948 History: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.948 History: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14
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 (c) Boats which are 200 gross tons or more. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.948 History: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.948 History: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14
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; (c) Storing a vessel for no more time than is required by ORS 830.908-944; (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; (c) Expenses for damages incurred to property belonging to an enforcement agency; (d) Expenses for new equipment or machinery purchased by an enforcement agency to complete a removal or cleanup. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.948 History: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14
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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.948 History: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14
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 (c) If the title is lost, sign an alternative release of interest document as approved by the Board. (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; (c) The location of 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. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.948 History: OSMB 9-2014, f. 5-12-14, cert. ef. 6-1-14
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. Statutory/Other Authority: ORS 830.110 & 830.175 Statutes/Other Implemented: ORS 830.110 History: OSMB 1-2015, f. 1-11-16, cert. ef. 2-1-16
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. Statutory/Other Authority: ORS 830.110 & 830.175 Statutes/Other Implemented: ORS 830.175 History: 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
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. Statutory/Other Authority: ORS 830.110 & 830.175 Statutes/Other Implemented: ORS 830.110 History: OSMB 1-2015, f. 1-11-16, cert. ef. 2-1-16
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; (c) Between Cottonwood Bridge on State Highway 206 and Tumwater Falls from May 1 to September 30; (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. Statutory/Other Authority: ORS 830.110 & 830.175 Statutes/Other Implemented: ORS 830.110 History: 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
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. Statutory/Other Authority: ORS 830.110 & 830.175 Statutes/Other Implemented: ORS 830.110 History: OSMB 1-2015, f. 1-11-16, cert. ef. 2-1-16
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. Statutory/Other Authority: ORS 830.110 & 830.175 Statutes/Other Implemented: ORS 830.110 History: OSMB 1-2015, f. 1-11-16, cert. ef. 2-1-16
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. (c) Highway Hole — A 200 foot segment located approximately 1/2 mile upstream of Robertson Bridge (RM 86.7), 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. Statutory/Other Authority: ORS 830.110 & 830.175 Statutes/Other Implemented: ORS 830.110 History: 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
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. Statutory/Other Authority: ORS 830.110 & 830.175 Statutes/Other Implemented: ORS 830.110 History: OSMB 1-2015, f. 1-11-16, cert. ef. 2-1-16
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. Statutory/Other Authority: ORS 830.110 & 830.175 Statutes/Other Implemented: ORS 830.110 History: OSMB 1-2015, f. 1-11-16, cert. ef. 2-1-16