justicedao/ipfs_state_laws huggingface dataset:
250-015-0026 Light/Smoke Flares Vessels operating in ocean or coastal waters and bays/rivers, with an opening to the seas of 2 miles or more, are required to carry light and or smoke flares as follows: (1) One electronic distress light, or 3 approved flares; and (2) One distress flag or 3 approved flares or 3 approved smoke signals. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.430 - 830.460 History: OSMB 5-2014, f. & cert. ef. 1-15-14 OSMB 3-2005, f. & cert, ef, 1-24-05
250-016-0025 Crew Members, Employees, Agents or Parties in Interest (1) At the time of application, the Outfitter and Guide will supply the Marine Board a current record of all employees, including agents and parties in interest, as outlined in ORS 704.020(1)(d), and crew members as defined in 704.010(2) of 2025 HB2558, who physically provide, or directly assist in physically providing Outfitting and Guiding services in Oregon. (2) The Marine Board shall be notified of all changes to the record before any Outfitting and Guiding services are provided. (3) Written change notifications will be dated, and include the: (a) Outfitter and Guide's name and address; (b) Deleted employee’s or crew member's full name; and (c) Added employee’s or crew member's full name, including residential address, and date of birth. (4) The change notification must be received by the Marine Board by email or U.S. mail. (5) Outfitter and Guides shall maintain records of all current employees' First Aid/CPR certifications for periodic review by the Marine Board. Statutory/Other Authority: ORS 704.020 & ORS 704.500 Statutes/Other Implemented: ORS 704.020 History: OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025 OSMB 9-2020, amend filed 05/21/2020, effective 06/01/2020 OSMB 15-2018, amend filed 12/03/2018, effective 01/01/2019 OSMB 9-2018, minor correction filed 07/19/2018, effective 07/19/2018 OSMB 15-2011, f. & cert. ef. 11-1-11
250-016-0031 Incident Reporting Requirements (1) Notwithstanding OAR 250-010-0110, Outfitters and Guides shall notify the Marine Board 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 guide property, excluding loss of or damage to personal-use items, or (d) Emergency response from local, state or federal agency. (2) The Marine Board will provide notification to the Outfitter and Guide if additional reporting is required. Statutory/Other Authority: ORS 704.500 Statutes/Other Implemented: ORS 704.500 History: OSMB 3-2017, adopt filed 12/04/2017, effective 01/01/2018
250-016-0035 Registration Requirement (1) The completed and signed application, with all required attachments and the fee required by ORS 704.020 must be submitted to the Marine Board. The required fee is nonrefundable. The required attachments are: (a) A copy of the certificate of first aid and CPR training (American Red Cross or equivalent); or (A) A copy of training and certification as an Emergency Medical Technician I, II or III; or (B) A copy of licensure as a registered nurse or medical doctor. (b) Certificate of insurance; (c) Proof of surety bond or letter of credit, if applicable; and (d) Copy of US Coast Guard Operator's license, if applicable. (2) The first aid and CPR training certificate or medical license as defined in (1)(a)(A)(B) of this rule shall remain current. If the first aid and CPR training certificate or medical license expires, the Outfitter and Guide's registration is automatically suspended. (3) The certificate of insurance shall: (a) Be issued in the applicant's name; (b) Reflect all insured business names; and (c) Reflect the lawfully required insurance minimum amounts. (d) Remain current. If the certificate of insurance expires, the Outfitter and Guide's registration is automatically suspended. (4) An incomplete application will not be processed. An incomplete application will be deemed inactive following twelve (12) months from date of receipt and lacking any action on the applicant’s part to complete. (5) Applications for non-boating related outfitter and guide licenses issued between July 1 and December 31 of each year will expire on June 30 of the following year. (6) For a crew member, (a) The completed and signed application, with all required attachments and the fee required by ORS 704 Section 5 of 2025 HB2558 must be submitted to the Marine Board. The required $50 fee per year is nonrefundable. The required attachments are: (A) A copy of the certificate of first aid and CPR training as defined in (1)(a)(A)(B) and (2) of this rule; (B) Certificate of employer's insurance; (b) An incomplete application will not be processed. An incomplete application will be deemed inactive following twelve (12) months from date of receipt and lacking any action on the applicant's part to complete. Statutory/Other Authority: ORS 704.500 & ORS 704.020 Statutes/Other Implemented: ORS 704.020 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 OSMB 7-2015, f. 6-26-15, cert. ef. 7-1-15 OSMB 15-2011, f. & cert. ef. 11-1-11
250-016-0036 Motorized Passenger Boat Operator's Certification (1) An Outfitter and Guide or an employee of an Outfitter and Guide operating a motorized boat carrying passengers for hire on the waters of this state must possess a valid United States Coast Guard Operator’s license, or obtain a Motorized Passenger Boat Operator’s Certification. (2) The Motorized Passenger Boat Operator’s Certification is valid for five years from the date of issuance. (3) The following documentation must be submitted to the Marine Board at the time of application: (a) Proof of completion of the Marine Board approved guide boat operator’s knowledge examination as defined in OAR 250-016-0038. (b) Medical practitioner’s certification of completion of the Health Screening as defined in OAR 250-016-0038. (c) Completion of pre-employment drug screening or proof of participation in a random drug screening program as defined in OAR 250-016-0038. (4) No person shall employ any person to operate a motorized boat as an Outfitter and Guide or an employee of an Outfitter and Guide who does not possess a valid United States Coast Guard Operator’s license or is not certified as a Motorized Passenger Boat Operator in accordance with ORS 704.020, OAR 250-016-0036 and OAR 250-016-0038. Statutory/Other Authority: ORS 704.500 Statutes/Other Implemented: ORS 704.020 History: OSMB 3-2017, adopt filed 12/04/2017, effective 01/01/2018
250-016-0040 Proof of Registration Compliance (1) Outfitter and Guide registration certificate: (a) Upon meeting the registration requirements as outlined in ORS 704.020, the Marine Board will issue proof of compliance in the form of a registration certificate to the applicant. This registration certificate will contain the applicant's: (A) Name and address; (B) Registration number; (C) Business name (if any) and (D) Expiration date. (b) A decal will be issued for each boat used in the Outfitter and Guide business with the following information: (A) For motorized boats used by Charter Guides on federally navigable waters, an oval decal shall show the area of operation allowed by United States Coast Guard operator's license, and the passenger carrying capacity. (B) For all non-motorized and motorized boats where the operator does not have a US Coast Guard license, a square decal shall be issued (C) Boats not under the direct operation of an Outfitter and Guide or employee of an Outfitter and Guide are exempt from the decal requirement. Boats operated exclusively by the client of an Outfitter and Guide are exempt from the decal requirement. (2) Crew member registration certificate: Upon meeting the registration requirements as outlined in ORS 704 Section 5 of 2025 HB2558, the Marine Board will issue proof of compliance in the form of a registration certificate to the applicant. This registration certificate will contain the applicant's: (a) Name and address; (b) Registration number; and (c) Expiration date. (3) Duplicate Fees: (a) An Outfitter and Guide or crew member may apply to the Marine Board for a duplicate registration certificate when an original has been lost, stolen or mutilated; (b) A duplication fee of $20.00 shall be paid for each replacement requested. (4) The Outfitter and Guide and crew member registration certificate shall be carried at all times while providing outfitting or guiding services and shall be presented to any peace officer upon demand. Statutory/Other Authority: ORS 704.500, ORS 704.020 & ORS 704.060 Statutes/Other Implemented: ORS 704.021 & ORS 704.060 History: OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025 OSMB 15-2018, amend filed 12/03/2018, effective 01/01/2019 OSMB 2-2018, amend filed 02/13/2018, effective 03/01/2018 OSMB 17-2016, f. 11-2-16, cert. ef. 1-1-17 OSMB 15-2011, f. & cert. ef. 11-1-11
250-016-0041 Non-Resident Hunt Tag Program (1) An Outfitter and Guide seeking to participate in the Oregon Department of Fish and Wildlife allocation of non-resident tags for Outfitter and Guides established under ORS 496.151 must be certified. (2) To apply for the Non-Resident Hunt Tag Program, an Outfitter and Guide, must: (a) Be a currently registered Outfitter Guide in good standing by the Oregon State Marine Board. In order to be considered in good standing the applicant must: (A) Have no prior Outfitter Guide registration suspension, revocation or denial, or wait three years past the expiration date of the last suspension, revocation or denial, and (B) Have no prior conviction for a fish and wildlife offense for taking a game mammal in any state, or wait one year past the expiration date of the last conviction, and (C) Not hold a current Outfitter Guide conditional status. (b) Provide verification that they have three (3) years hunting experience working as a registered Outfitter and Guide in Oregon. (c) Pass a written examination on the Outfitter and Guide program and Oregon Department of Fish and Wildlife laws and rules. The passing score is (75) seventy five percent. (A) If the applicant fails the test, they may retake it after a thirty (30) day waiting period. (B) If the applicant fails it a second time, the hunting certification for that year will be denied. (C) Previous program participants with a lapse of Outfitter Guide registration of five years or longer are required to reapply and retake the test. (3) Hunt Tag Program Certification Fees: (a) A nonrefundable $150.00 certification application fee. (b) An annual application renewal fee of $50.00. (4) As a Non-Resident Hunt Tag Program participant: (a) Certification may be denied for the following situations and time periods: (A) Participants receiving an Outfitter Guide conditional status will be denied certification for one year. (B) Convictions of a fish and wildlife offense for taking a game mammal in any state, illegal transfer of tags, or drawing tags without appropriate permits will result in the following: (i) One year denial of certification for first offense; (ii) Five years denial of certification for second offense; and (iii) Lifetime denial of certification for third offense. (b) Program participants shall be held responsible for their employees’ actions while under their direction or supervision. Any employee convicted of a fish and wildlife offense for taking a game mammal in any state may result in the following: (A) Employer receives a written warning for first offense; (B) Employer receives one year program conditional status for second offense within 10 years; and (C) One year denial of employer’s certification for third offense within 10 years. Statutory/Other Authority: ORS 704.020, ORS 704.060 & ORS 704.500 Statutes/Other Implemented: ORS 704.060 History: OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025 OSMB 15-2018, adopt filed 12/03/2018, effective 01/01/2019
250-016-0045 Registration Requirements (1) Registration Renewal: (a) The Marine Board will notify all registered Outfitter and Guide and crew members, in writing, no later than thirty (30) days in advance of the impending registration expiration. (b) The notification will include instructions for registration renewal and identify the required forms. (2) Registration Cancellation: (a) An Outfitter and Guide or crew member registration will be cancelled upon notification from an insurance company that such Outfitter and Guide’s required insurance has been suspended or cancelled. (b) The Marine Board will give written notice to such Outfitter and Guide and their crew member(s) of the effective date of such insurance suspension or cancellation. (c) The affected Outfitter and Guide and crew member(s) shall, within ten working days of receipt of such registration suspension or cancellation notice, return the previously issued Outfitter and Guide or crew member's identification card(s) to the Marine Board. (3) Registration Reinstatement: (a) A previously cancelled Outfitter and Guide or crew member registration will be reinstated upon receipt of notification (certificate of insurance) from an insurance company. (b) The Marine Board will return the previously surrendered Outfitter and Guide or crew member identification card(s) and they will remain effective for the unexpired duration of its issuance. Statutory/Other Authority: ORS 704.500 Statutes/Other Implemented: ORS 704.020 & ORS 704.050 History: OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025 OSMB 15-2011, f. & cert. ef. 11-1-11
250-016-0050 Process to Reprimand an Outfitter and Guide or Crew Member or Suspend, Revoke, or Deny a Registration (1) The Marine Board, with input from the Guide Advisory Committee, will monitor application of statute and rule and modify, as recommended, to encourage high standards of ethical conduct, customer service, safety and natural resource protection. (2) The Marine Board Director will notify the outfitter and guide or crew member by registered letter of the agency’s decision to reprimand, suspend, revoke or deny for a period of up to 60 months the registration of an outfitter and guide or crew member for conduct noted in ORS 704.040(4)(5)(6). (3) For the purpose of ORS 704.040(4)(a), convictions related to the provisions of services regulated by this chapter would be criminal offenses under ORS 163, 166, or 475. (4) For the purpose of ORS 704.040(4)(b)and(4)(c), serious and repeated violation shall be defined by OAR 250-016-0020. (5) The Marine Board may issue conditional registrations contingent on the Outfitter and Guide or crew member not having any violations or convictions as defined in this section for a period of twenty-four (24) months from issue. (6) The Marine Board may seek advice from the Guide Advisory Committee prior to taking action under 250-016-0050(2), and will provide an annually summary report to the Guide Advisory Committee of all said action. (7) Any actions taken under 250-016-0050(2) that are not reversed through a contested case hearing shall be made a part of the public record. Statutory/Other Authority: ORS 704.500 & ORS 704.040 Statutes/Other Implemented: ORS 704.040 History: OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025 OSMB 15-2018, amend filed 12/03/2018, effective 01/01/2019 OSMB 10-2018, minor correction filed 07/19/2018, effective 07/19/2018 OSMB 7-2015, f. 6-26-15, cert. ef. 7-1-15 OSMB 15-2011, f. & cert. ef. 11-1-11
250-016-0055 Contested Case Hearings The Marine Board will accord opportunity for a hearing as provided in ORS 183.310 to 183.550. The Marine Board has adopted the current edition of the Attorney General's Model Rules of Procedure, as referenced in OAR 250-001-0005. Statutory/Other Authority: ORS 704.500 & 704.040 Statutes/Other Implemented: ORS 704.035 & 704.040 History: OSMB 15-2011, f. & cert. ef. 11-1-11
250-016-0060 Outfitter and Guide Ethical and Professional Standards (1) All Outfitter and Guides shall: (a) Make every effort to operate with respect for the rights of others, private and public property, and provide for the health, safety, and well-being of their clients, employees, and the general public; (b) Provide services on public land in a manner such that they do not interfere with the general public access to public land or waterways or access to wildlife on public land; (c) Leave clean camps, striving to maintain the environment in as good or better condition than before and dispose of all garbage, debris, and waste in a proper, approved manner; (d) Cooperate with Federal, State, and local fish and wildlife officials; advise clients of all applicable conservation standards, fish and game laws, license requirements, statutes and regulations and not condone their violation; (e) Not use any illegal drug, or use alcohol, or any other drug or substance, that may be in violation of ther user's federal credentials, or to the extent that the use impairs the user physically or mentally while engaged by a client; (f) Not violate any law, rule, or policy of the Oregon Department of Fish and Wildlife concerning the certification of residents and nonresidents for procuring hunting and fishing licenses; (g) Not engage in fraud, deceit, misrepresentation, slander, or concealment of any material fact in advertising, soliciting, social media postings, or providing professional services to members of the public; (h) Provide any animal used in the conduct of business with proper food, water, and shelter and not subject any animal to needless abuse or cruel and inhumane treatment; (i) Not solicit clients or another Outfitter and Guide while client is engaging in an outfitting activity; (j) Promptly refund deposits paid by participants upon request if such deposits are due to the participant in accordance with the Outfitter and Guide’s written deposit refund policy; (k) Not substantially breach a contract with any person using guiding services of the Outfitter and Guide; (l) Treat clients, employees, and the general public in a fair and professional manner. (2) It is unprofessional and unethical to have an Outfitter and Guide registration, license, permit or certificate suspended, revoked, canceled, or denied by another state or by an agency of the United States. Statutory/Other Authority: ORS 830.110 & ORS 704.040 Statutes/Other Implemented: ORS 704.040 History: OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025 OSMB 15-2011, f. & cert. ef. 11-1-11
250-016-0065 Surety Bond (1) Outfitter and Guides who collect deposits in excess of $100.00 per person for a trip are required to furnish proof of a $5,000.00 surety bond or a fully-executed Letter of Credit issued by a financial institution licensed to do business in Oregon in the amount of $5,000.00. (2) Proof shall consist of a fully executed Surety Bond or a Letter of Credit. Statutory/Other Authority: ORS 704.500 Statutes/Other Implemented: ORS 704.020 History: OSMB 15-2011, f. & cert. ef. 11-1-11
250-016-0070 Requirements of Recreational Activities (1) An “Outdoor Recreational Activity” as defined in ORS 704.010(5)(a) begins at the time the Outfitter and Guide provides direct service to the client. This time period excludes any preparation activities by the Outfitter and Guide including transportation of equipment. (2) The Outfitter and Guide and client will complete a written and signed contract outlining the packing services the Outfitter and Guide will provide a client to a drop camp. These services will include but are not limited to: (a) Transportation of the client and equipment to and from the drop camp; (b) A basic description of the drop camp, camp amenities and equipment provided; (c) Pack-out of harvested game animal and gear; (d) Maintaining regular communication with client via cell or satellite telephone or other communication device and be ready to provide services, as needed; (e) Other services the Outfitter and Guide and client agree upon. (3) The Outfitter and Guide and client will complete a written and signed contract outlining the packing services the Outfitter and Guide will provide in an Outfitter and Guide Hunt. These services will include but are not limited to: (a) The physical accompaniment of the client in the field by the registered Outfitter and Guide or the employee(s) of the registered Outfitter and Guide during the hunt. (b) Transportation of the client and equipment to and from the camp site; (c) A basic description of the camp site, camp amenities and equipment provided; (d) Pack-out of harvested game animal and gear; (e) Maintaining regular communication with client via cell or satellite telephone or other communication device and be ready to provide services, as needed; (f) Other services the Outfitter and Guide and client agree upon. Statutory/Other Authority: ORS 704.500 Statutes/Other Implemented: ORS 704.040 History: OSMB 15-2011, f. & cert. ef. 11-1-11
250-016-0075 Safety and Equipment Requirements for Whitewater River Outfitter and Guides (1) Registered Outfitters and Guides who carry passengers for compensation are required to have all crew members, employees and passengers wear a properly secured personal flotation device on those sections of river that are rated Class III or higher on a commonly accepted scale of river difficulty. (2) The personal flotation devices used by outfitters and guides must: (a) Be approved by the U.S. Coast Guard as a wearable personal flotation device. (b) Not have a limitation or restriction on its approval that would prevent its use on whitewater rivers. (c) Not be an inflatable personal flotation device. (3) A Guide Boatsman Trainee may operate a boat to transport equipment and gear, but not passengers for compensation, on those sections of rivers rated as Class III or higher. The Guide Boatsman must be either a registered Outfitter and Guide, or a listed employee of a registered Outfitter and Guide. (4) To meet requirements of ORS 704.070(1)(e), helmets made available to passengers must meet the CE EN (European Committee for Standardization) 1385 standard. Helmets are considered to be available when the Outfitter and Guide: (a) Sells or rents helmets, or otherwise causes the availability of helmets, at or near the watercraft rental location; or (b) Provides notification to potential customers that Class III or higher waters will be encountered and allows the customer to decline the offer of a helmet verbally or in writing, or to otherwise obtain a helmet for use during the activity. Statutory/Other Authority: ORS 704.500 Statutes/Other Implemented: ORS 704.070 History: OSMB 3-2025, amend filed 10/30/2025, effective 11/01/2025 OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020 OSMB 11-2019, amend filed 11/26/2019, effective 01/01/2020 OSMB 3-2017, amend filed 12/04/2017, effective 01/01/2018 OSMB 15-2011, f. & cert. ef. 11-1-11
250-016-0076 Safety and Equipment Requirements for Non-Boating Guides (1) All non-boating Outfitter and Guides shall possess the following safety equipment while performing guiding services: (a) First aid kits shall be in accordance with Title 29 Code of Federal Regulations (CFR) 1910.151, American National Standard (ANSI) Z308.1-2015, as established on 01/01/2016, or the National Outdoor Leadership (NOLS) Med Kit 2.0 as listed on 03/21/2017. (A) First aid kit contents shall be based on the guide’s training, group size and shall be appropriate for the activity provided. (B) First aid kits must be stored in a box or container and clearly marked as “First-Aid Kit.” (b) A communication device capable of sending an emergency distress signal and appropriate for the area of operation. (c) Acceptable devices include but are not limited to: (A) Personal Location Beacon (PLB); (B) Satellite Telephone; (C) VHF Radio or equivalent; or (D) Cellular Telephone (2) If operating in a wilderness area a guide shall have a functioning global positioning device and topographical maps appropriate for the area of operation. (3) For groups with multiple guides, the above requirements may be met by possession one first aid kit, one emergency communication device and one global positioning device per group. Statutory/Other Authority: ORS 704.500 Statutes/Other Implemented: ORS 704.500 History: OSMB 3-2017, adopt filed 12/04/2017, effective 01/01/2018