justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.015. Definitions. As used in this chapter, unless the context requires otherwise: (1) Board means the Oregon Board of Maritime Pilots. (2) Licensee means an individual licensed under ORS 776.115. (3) Organization of pilots means any legal entity or association to which licensees belong as members, or with which licensees are associated, that is formed for cooperative performance of functions including, but not limited to, the dispatching of licensees and trainees, collection of pilotage fees, ownership and operation of pilot boats, distribution of earnings of licensees and trainees, and education and training so as to facilitate the rendition of pilotage services by individual licensees and trainees. (4) Pilotage, piloting or to pilot means the actions of a licensee or trainee in assisting the master of a vessel under ORS 776.405 while the vessel is on, approaching or departing a pilotage ground, and the associated communication with the vessel. (5) Trainee means a person the board has licensed under ORS 776.300 and who has met the requirements of ORS 776.540.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.020. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.025. (4) In accordance with the applicable provisions of ORS chapter 183, establish by rule a licensing system for persons licensed to pilot, for persons licensed as trainees and for pilot organizations who train persons to pilot, including but not limited to provisions prescribing: (a) The form and content of and the times and procedures for submitting an application for license issuance and renewal. The pendency of an investigation shall not affect the renewal process. (b) The term of license of a pilot and the annual license fee, subject to the maximum annual license fee established pursuant to ORS 776.357. (c) The requirements for and the manner of testing competency of license applicants. (d) Those actions or circumstances that constitute failure to achieve or maintain competency or that otherwise constitute a danger to public health and safety and for which the board may refuse to issue or renew a license, may suspend or revoke a license or may reprimand a licensee. (e) Classes of licenses that specify the size of vessels the licensee is authorized to be trained to pilot or to pilot on those river pilotage grounds for which the trainee or pilot is licensed. (5)(a) Fix, at reasonable and just rates, pilotage fees, extra fees for vessels in distress, fees for extraordinary pilotage services, fees for a licensee or trainee being carried to sea unwillingly and reimbursement for the return to station or for the detention of a licensee or trainee, except that pilotage fees shall not be less inbound or outbound on vessels, propelled in whole or in part by their own power, than the following: (A) Between Astoria and Portland or Vancouver, $2.50 per foot draft and 2 cents per net ton; (B) Between Astoria or Knappton and the sea, $3 per foot draft and 2 cents per net ton; (C) Between Yaquina Bay and the sea, $3 per foot draft and 2 cents per ton; and (D) Between Coos Bay and the sea, $2.50 per foot draft and 2 cents per ton. (b) In fixing fees pursuant to paragraph (a) of this subsection, the board shall give due regard to the following factors: (A) The length and net tonnage of the vessels to be piloted. (B) The difficulty and inconvenience of the particular service and the skill required to render it. (C) The supply of and demand for pilotage services. (D) The public interest in maintaining efficient, economical and reliable pilotage service. (E) Other factors relevant to the determination of reasonable and just rates. (6) Conduct or authorize the holding of hearings. In so doing the board or the administrative law judge may issue subpoenas pursuant to ORS 776.123, conduct investigations pursuant to ORS 776.126, administer oaths, take depositions and fix the fees and mileage of witnesses. (7) Adopt any rule or make any order, as set forth in ORS chapter 183, for the effective administration and enforcement of this chapter. (8) Establish rates pursuant to subsection (5) of this section, for a period of not less than two years, that continue in effect until a subsequent hearing process. Rates may include automatic adjustment provisions to reflect changing economic conditions.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.028. Columbia River bar precautionary zone. The Columbia River bar precautionary zone is established. The Columbia River bar precautionary zone extends seaward of the Columbia River bar pilotage ground, lying between the western boundary of the Columbia River bar pilotage ground, and the line drawn as follows: Beginning on shore at a point that is 46 26 00 north latitude, 124 03 24 west longitude; then proceeding due west to a point that is 46 26 00 north latitude, 124 20 48 west longitude; then proceeding southwesterly and then southeasterly along the United States 12 nautical mile territorial sea boundary line to a point on that boundary that is 46 04 18 north latitude, 124 14 06 west longitude; then due east to shore.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.030. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.035. Findings. The Legislative Assembly finds that: (1) In order to implement the policies described and inherent in ORS 196.420, 273.553, 465.205, 466.010 and 468B.015 and ORS chapter 274, it is necessary to establish precautionary measures. (2) Only individuals who have experience and can demonstrate knowledge of currents, tides, soundings, bearings and distances of the shoals, rocks, bars, points of landings, lights and fog signals should direct a large vessel on certain waters of this state.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.040. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.045. Deck officer requirements. (1) All vessels required by ORS 776.405 (1) to engage a licensee under this chapter shall, at all times while underway upon any of the pilotage grounds established under ORS 776.025 or 776.115, have at least two licensed deck officers on the navigation bridge of the vessel, one of whom meets the requirements of ORS 776.405 (1). (2) The only duties of the licensed deck officer required under ORS 776.405 (1) shall be to monitor and direct safe navigation of the vessel during transit on the waters of this state.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.050. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.060. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.070. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.080. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.090. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.100. [Repealed by 1957 c.448 27] OREGON BOARD OF MARITIME PILOTS
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.110. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.115. Powers and duties of board; rules; fees. The Oregon Board of Maritime Pilots shall: (1) Fix the manner of calling and fixing the places of meetings and hold at least one meeting each calendar year. (2) Provide for efficient and competent pilotage service on all pilotage grounds, and regulate and limit the number of licensees and trainees under this chapter, such number of licensees and trainees to be regulated and limited to the number found by the board to be required to render efficient and competent pilotage service. The primary consideration of the board is public safety. If a proposed rule would result in the significant limitation of competition among licensees or pilot organizations that exist in this state on January 1, 1991, the board shall first make a determination that the proposed rule is essential to protect the safety of the public. (3) Establish and fix the boundaries of pilotage grounds not described in ORS
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.118. Additional authority of board. In addition to its authority under ORS
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.120. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.123. Subpoenas. (1) The Oregon Board of Maritime Pilots may issue subpoenas to compel the attendance of witnesses and the production of records, documents, books, papers, memoranda or other information necessary to conduct an investigation under ORS 776.115, 776.375 or 776.405. (2) If a person fails to comply with a subpoena issued under this section, a judge of the circuit court, on the application of the board, shall compel obedience by instituting proceedings for contempt in the same manner that the court would institute proceedings for contempt when a person fails to comply with a subpoena in a civil action.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.126. Inspection of premises, ship or facility. (1) When conducting an investigation under ORS 776.115, 776.375 or 776.405, the Oregon Board of Maritime Pilots or its authorized representative may enter and investigate a premises, ship or facility. (2) When conducting an investigation under subsection (1) of this section, the board or its authorized representative may: (a) Examine the records, documents, books, papers, memoranda or other information kept at the premises, ship or facility. (b) Examine under oath an officer, agent or employee of the premises, ship or facility. (3) If the board or its authorized representative is inspecting a premises, ship or facility that is not open to the public, the board or the representative shall present credentials to the owner or occupant of the premises, ship or facility and obtain the consent of the owner or occupant before conducting the inspection. If the owner or occupant denies entry to the premises, ship or facility, the board or the representative must obtain a warrant to conduct the inspection. (4) The board or its authorized representative may use information obtained during an investigation only to fulfill the boards duties under ORS 776.115, 776.375 or 776.405.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.129. Administrative law judge for rate hearings; recommendations from other agencies; assessing costs and expenses of hearing. (1) When the Oregon Board of Maritime Pilots establishes rates described in ORS 776.115 (5), the board shall contract with and compensate the Public Utility Commission of Oregon for the use of administrative law judges assigned by the commission to conduct the rate proceeding. Notwithstanding ORS 183.413 to 183.470, an administrative law judge shall conduct the proceeding in compliance with procedures adopted by the board by rule. The administrative law judge and the board may receive and consider recommendations made by the Oregon Business Development Department and the Port of Portland. (2) The board may defray the costs and expenses of the hearing by assessing, in its final order, all or a portion of the costs and expenses of the hearing to a party to the hearing.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.130. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.140. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.150. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.160. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.170. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.205. [1957 c.448 12; repealed by 1971 c.734 21] LICENSING; COMPENSATION; LIABILITY
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.300. Trainee license; qualifications; assignment for training; rules. (1) No person shall be licensed as a trainee under this chapter unless the person meets the experience and educational requirements established by the Oregon Board of Maritime Pilots by rule including provisions pursuant to a program to carry out ORS 243.305 and 776.115 (2). (2) The board shall assign trainees to organizations of pilots licensed under ORS
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.310. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.311. Organizations licensed to train pilots. (1) No organization of pilots shall be licensed to train persons to be pilots under this chapter unless the organization: (a) Has members who are licensed to pilot under ORS 776.325; and (b) Meets other requirements established by the Oregon Board of Maritime Pilots. (2) The board shall license at least one pilot organization on each pilotage ground. (3) Organizations of pilots shall train only persons who are licensed as trainees and have been assigned for training by the board under ORS 776.300.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.320. [Amended by 1953 c.140 2; repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.325. Qualifications of licensees. (1) No person shall be licensed to pilot under this chapter unless the person: (a) Was licensed as a trainee or licensee prior to submitting an application to be licensed to pilot and has met the training requirements established by the Oregon Board of Maritime Pilots; and (b) Possesses the requisite skill and the experience as a navigator and pilot, as demonstrated by satisfactory performance on such written examinations as the board may prescribe, together with practical knowledge of the currents, tides, soundings, bearings and distances of the several shoals, rocks, bars, points of landings, lights and fog signals of or pertaining to the navigation of the pilotage ground for which application is made for a license to pilot. (2) An applicant for a license over any river pilotage ground must have at least six months continuous experience, as determined by the board, as a trainee on vessels subject to ORS 776.405 piloting oceangoing vessels over the pilotage ground for which application is made, prior to making application for a license, and must have had the necessary experience in handling oceangoing vessels through the bridges, under varying conditions with and without towboats. (3) An applicant for a license on bar pilotage grounds shall satisfy the board that the applicant has means available for boarding and leaving vessels which the applicant may be called upon to pilot.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.330. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.340. [Repealed by 1953 c.297 2]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.350. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.355. License fees; rules. (1) Except as provided in subsection (2) of this section, each licensee under this chapter shall pay an annual license fee to the Oregon Board of Maritime Pilots not to exceed the amount established under ORS 776.115. Subject to prior approval of the Oregon Department of Administrative Services, the amount of the fee shall be adjusted by the Oregon Board of Maritime Pilots to finance costs as defined by the legislatively approved budget, as it may be modified by the Emergency Board. (2) The Oregon Board of Maritime Pilots by rule may establish reduced license fees for those individuals who engage in pilotage activities on less than a full-time basis. However, in no event shall the fee be less than $50.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.357. Maximum maritime pilot license fee. (1) The maximum annual license fee for a maritime pilot is $2,500 for the biennium beginning July 1, 2007. (2) The Oregon Board of Maritime Pilots shall adjust the amount of the maximum annual license fee for a maritime pilot for each subsequent biennium by a proportional amount equal to the percentage change in the 24-month period prior to the beginning of the biennium in the Consumer Price Index for All Urban Consumers, West Region (All Items), as published by the Bureau of Labor Statistics of the United States Department of Labor. [2007 c.621 2; 2019 c.57 34] Note:
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.360. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.365. Pilot Account; uses. The Pilot Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the Oregon Board of Maritime Pilots under this chapter shall be deposited in the account. All moneys in the account are continuously appropriated to the board and the board may use the moneys only to carry out the duties, functions and powers of the board, for the administration and enforcement of this chapter and for expenses incurred by the Public Utility Commission in its oversight of the board.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.370. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.375. Disciplinary proceedings; administrative procedures; judicial review. (1) Where the Oregon Board of Maritime Pilots proposes to refuse to issue or renew a license to pilot, or proposes to revoke or suspend a license or proposes to issue a written reprimand, opportunity for hearing shall be accorded as provided in ORS chapter 183. (2) Adoption of rules, conduct of hearings, issuance of orders and judicial review of rules and orders shall be as provided in ORS chapter 183. Contested case hearings shall be conducted by an administrative law judge assigned from the Office of Administrative Hearings established under ORS 183.605.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.380. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.390. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.400. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.405. License required; exemptions. (1)(a) Except as set forth in paragraph (c) of this subsection, a person may not pilot any vessel upon any of the pilotage grounds established under ORS 776.025 or 776.115 without being a licensee under this chapter or a trainee under the onboard supervision of a licensee under this chapter. (b) Except as set forth in paragraph (c) of this subsection, a person may not pilot any vessel in the Columbia River bar precautionary zone, either to enter or depart the Columbia River bar pilotage ground, except pursuant to instructions from a licensee under this chapter for the Columbia River bar pilotage ground, provided however that the master of a vessel transiting the Columbia River bar precautionary zone remains at all times in full command of the vessel and is responsible to take all reasonable steps to safely navigate the Columbia River bar precautionary zone. (c) Paragraphs (a) and (b) of this subsection do not apply to: (A) The master of a vessel under fishery, recreational or coastwise endorsement provided under 46 U.S.C. chapter 121; (B) A vessel registered with the State Marine Board or a similar licensing agency of another state; (C) The master of a foreign registered fishing or recreational vessel, exempted by the Oregon Board of Maritime Pilots, of not more than 100 feet in length or 250 gross tons international; or (D) United States flag towing vessels under 200 gross tons domestic and their towed barges of 10,000 gross tons domestic or less, excluding tank vessels as defined by ORS 468B.300, that are engaged in the foreign trade between British Columbia and the Coos Bay bar pilotage ground established by ORS 776.025 (3), provided that the towing vessel is under the navigational control of a person holding the federal mariner license required for the towing vessel when operating under a coastwise endorsement. (2) A licensee under this chapter is at all times the servant of the vessel being piloted and its owners and operators.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.410. [Amended by 1955 c.558 1; repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.415. Compensation of licensees determined by law. No licensee shall demand or receive any greater, lesser or different compensation for piloting a vessel upon any of the pilotage grounds than is allowed by law.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.425. Authority of licensees generally; compensation. Within the scope of the license, a licensee may pilot any vessel and demand and receive therefor the compensation allowed by law.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.430. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.435. Refusing services of licensee; liability for pilotage fee. The master or person in charge of any vessel may refuse to accept the services of any particular licensee and shall call for another licensee, in which case the vessel and the owners, operators and agents of the vessel are liable only for the services of the licensee employed.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.440. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.445. Liability of certain persons for licensees compensation. In addition to the lien of the licensee upon the vessel for any sum due for piloting, the master, owner and consignee or agent are jointly and severally liable to the licensee therefor.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.450. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.455. Exhibition of license on boarding vessel. On boarding a vessel and if required by the master thereof, a licensee shall exhibit the license before the licensee is authorized to perform a piloting assignment.
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.460. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.470. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.480. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.490. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.500. [Repealed by 1957 c.448 27]
ORS Chapter 776 — Maritime Pilots and Pilotage

ORS 776.510. Declaration of legislative intent relating to liability of licensees, trainees and organizations. (1) The stimulation and preservation of maritime commerce on the bar and river pilotage grounds of this state are declared to be affected with the public interest and the limitation and regulation of liability of licensees, trainees and organizations of pilots are necessary to such stimulation and preservation of maritime commerce and are deemed to be in the public interest. (2) To accomplish the stimulation and preservation of maritime commerce it is necessary to establish an optional rate system whereby vessels and persons engaging the services of a licensee have the option of: (a) Agreeing not to assert any personal liability against any licensee, trainee and organization of pilots to which the licensee or trainee belongs, and to defend, indemnify and save harmless the licensee, trainee and organization of pilots against all claims and demands arising from acts or omissions of the licensee, trainee or organization of pilots which relate, directly or indirectly, to pilotage of the vessel; or (b) Directing licensees in writing and in sufficient time for insurance to be procured by them, on a trip basis, insuring such licensees, trainees and organizations of pilots to which they belong against all claims or demands arising from or relating to, directly or indirectly, pilotage of the vessel, the premium or cost of such insurance to be included in the charges for pilotage services and paid on demand by the vessel. (3) The Legislative Assembly hereby declares that to effect the ends and purposes listed in this section, and to maintain pilotage fees at reasonable levels on the bar and river pilotage grounds of this state, ORS 776.520, 776.530 and