736-040-0055 Owyhee River Scenic Waterway Natural River Area: (1) The entire Owyhee River Scenic Waterway, in its two segments, is classified as a Natural River Area. (2) In order to preserve the river and related adjacent lands in an essentially primitive condition, no new structures or improvements which are visible from the river, other than those erected or made in connection with the existing agricultural uses, or those needed for public outdoor recreation or for resource protection will be permitted. Commercial public service facilities, including resorts and motels, lodges and trailer parks, and additional dwellings which are visible from the river will not be permitted. (3) Public Use of the Owyhee River Scenic Waterway (a) Policy: The Commission finds that it is necessary to adopt rules for public recreation use of the lands and waters within this scenic waterway area in order to protect and enhance the Owyhee River Scenic Waterway’s unique aesthetic, scenic, fish and wildlife, scientific and recreational features, and because these outstanding and unique features caused the people of Oregon to designated these river segments as a scenic waterway. The Commission bases this rule upon the need to protect and preserve the waterway’s outstanding scenic beauty and natural features while maintaining the river’s wide range of recreational opportunities. Therefore, in accordance with the management provisions of ORS 390.845, person using the Owyhee River Scenic Waterway for recreation purposes shall comply with this rule. Where more restrictive or specific than the general rules of this division, this rule will prevail over the general rules. (b) Definitions: For purposes of this rule, the following definitions apply: (A) “Approved portable toilet” means any non-biodegradable, reusable, rigid, durable container designed to receive and hold human waste, in any container position without leaking, large enough to service the entire party for the length of the trip, and equipped with a dumping system that allows the container to be emptied and rinsed into a standard receiving or dump system designed for that purpose, without spills, seepage or human exposure to human waste; or at least one WAG bag manufactured by Phillips Environmental Products or other similar approved product, for each person in the boating party, carried in a leak-proof container and disposed of in a trash receptacle according to manufacturer instructions, without spills, seepage or human exposure to human waste. (B) “Boat” means every watercraft or device used as a means of transport on the water. (C) “Camping” means erecting a tent or shelter of natural or synthetic material, preparing a sleeping bag or other bedding material, parking a motor vehicle, motor home or trailer, or mooring of a vessel, or other action for the apparent purpose of overnight occupancy. (D) “Designated Campsite” means a public designated campsite within a developed campground, marked with a visible number painted on a picnic table or mounted on a post or placard. (E) “Developed Toilet Facility” means a vault type toilet provided by the Bureau of Land Management or the department. (F) “Display Intent To Remain Overnight” means any off-loading onto the riverbank, or preparing for use, common overnight camping equipment such as tents, sleeping bags or bedding, food, cooking or dining equipment, or lighting equipment, or to prepare common camping equipment for use in or on any boat. (G) “Group” means any number of persons affiliated together with a common goal to recreate with each other in activities such as rafting, eating, camping, or swimming. (H) “Group Size Limit” means a boating party not to exceed 15 persons between the Idaho state line to Three Forks, and not to exceed 20 persons between Crooked Creek to Birch Creek regardless of the number of persons covered by each boater registration form. (I) “Owyhee River Scenic Waterway” means that portion of the Owyhee River designated in ORS 390.826(15) as a State Scenic Waterway. The portion of the Owyhee River Scenic Waterway affected by this rule covers the section of the South Fork Owyhee River from the Idaho border downstream to Three Forks, and the maintsem Owyhee River from Crooked Creek downstream to Leslie Gulch. The Owyhee River Scenic Waterway also includes all water and lands within one-quarter mile of the bank on either side of the river. (J) “Refuse” includes, but is not limited to, wastewater, sewage, litter, trash, garbage, scraps, remnants of water balloons or clay pigeons, remnants of a campfire including charcoal, ash, or burned debris, or other useless or worthless parts of things. (K) “Remain Overnight” means human presence in the Owyhee River Scenic Waterway on a boat-in basis for any period of time from one hour after legal sunset to one hour before legal sunrise. (L) “Trip Leader” means a person who completes and signs an Owyhee River Boater Registration Form on behalf of a boating group. By signing the boater registration form, the group leader accepts legal responsibility for the leader's and group members' compliance with all applicable Department, Oregon State Marine Board, and Oregon Liquor Control Commission administrative rules; controlled substance, juvenile and criminal laws; and this rule. (c) Boating and Registration: (A) All boats shall carry at least one United States Coast Guard approved personal flotation device in good and serviceable condition for each person on board. Each device shall be of an appropriate size for the person for whom it is intended and shall be readily accessible whenever the boat is in use. As used in this paragraph, a personal flotation device is not “readily accessible” if it is stowed in a locked compartment or locker or is otherwise not immediately, physically available to persons on board the boat in case of an emergency. (B) Every boater or boating group shall register their party and trip prior to launching. The boater or trip leader must completely and accurately provide all information requested on the registration form and must sign the registration form prior to launch in order to be valid. (C) Every boater or boating group shall abide by the requirements of the registration form stipulations. (D) The boater or group leader must carry their valid registration and it must be readily available for inspection upon request by authorized agency and law enforcement personnel. (d) Campfires, Fuel, Firepans and Smoking: (A) When fire is not prohibited, a person must contain fire in a firepan or similar device of metal. A firepan is a metal container with sides at least two inches high to prevent ashes or burning material from spilling onto the ground. (B) A person may use commercially manufactured metal camp stoves and lanterns for outdoor use only when fueled with bottled liquefied petroleum gas (e.g. propane) or liquid gas. A person must operate such stove or lanterns in a responsible manner at all times. (C) A person may not chop, saw, break, cut, burn or gather wood or other combustible material from any live or standing tree. (D) A person must completely extinguish all fires after use. A person must take the extinguished remains, including all ash, wood or charcoal residues, partially consumed briquettes, and burned refuse out of the scenic waterway for disposal or deposit in a proper garbage receptacle provided at recreation sites or litter collection stations. (E) A person may only smoke in non-public buildings, closed vehicles, while in boats on the water or while standing in the water. (e) Camping: (A) Groups occupying any campsite shall not exceed either the maximum number of persons or vehicles allowed for that campsite. (B) A person may not occupy any campsite or area posted as “Closed” to that use. (C) A person may not possess or leave refuse, debris, or litter in an exposed, unsightly, or unsanitary condition. (f) Litter and Personal Sanitation: (A) All persons shall remove refuse or similar materials from of the scenic waterway for proper disposal. (B) Boating individuals and groups that remain, intend to remain, or display intent to remain overnight within the Owyhee River Scenic Waterway must carry and use an approved portable toilet. (C) All persons who remain, intend to remain, or display intent to remain overnight in an undeveloped camp site shall set up an approved portable toilet, ready for use, as soon as practical upon landing at the camping site to be occupied. (D) A person may not leave, deposit, or scatter human waste, toilet paper, or items used as toilet paper, on the ground within the Owyhee River Scenic Waterway. (E) While within the Owyhee River Scenic Waterway, a person may only dump portable toilets at facilities developed and identified especially for that purpose. Statutory/Other Authority: ORS 390.845(2) Statutes/Other Implemented: ORS 390.845(2) History: PRD 8-2010, f. & cert. ef. 6-16-10 HC 1285, f. 6-27-72