reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 15 - OCEAN CHARTER VESSELS › Section 250-015-0005 - License Application and Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An owner shall make application to the
			 Board by completing and signing the Charter Boat License application as
			 provided by the Board.
(2) The
			 applicant must certify in the space provided that the boat complies with the
			 equipment requirements established by the Board.
(3) The completed application must be
			 accompanied by copies of:
(a) The current
			 U.S. Coast Guard "Certificate of Inspection" (if an inspected boat);
			 or
(b) Documents prescribed in OAR
			 250-015-0035.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 15 - OCEAN CHARTER VESSELS › Section 250-015-0006 - Reciprocity Provisions for Charter Boats on the Columbia River

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 this rule is to implement reciprocity between Oregon and Washington regarding
			 the licensing of charter boats on the Columbia River downstream of the bridge
			 at Longview, Washington. 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 when carrying passengers for hire for
			 angling, sightseeing or other recreational purposes on licensed charter boats.
(2) The reciprocity provisions of
			 this rule and the reciprocity provisions adopted by 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 charter boat is licensed.
Stat. Auth.: ORS
				  830.110
Stats. Implemented: ORS
				  704.025 &
				  830.435
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 15 - OCEAN CHARTER VESSELS › Section 250-015-0008 - License Transfer, Cancellation or Suspension

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a licensed charter boat is sold or
			 otherwise transferred to new ownership the former owner(s) must notify the
			 Board within 15 days of such ownership change by completing the license
			 transfer portion of the charter boat license and submitting it to the Board
			 with the application.
(2) The
			 license transfer portion shall contain such information as is needed to
			 determine whether the valid charter boat license:
(a) Is transferred to the new owner upon sale
			 or transfer of the boat;
(b)
			 Remained with the former owner and will be assigned to a replacement boat; and
(c) The identifying number of such
			 replacement boat.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 15 - OCEAN CHARTER VESSELS › Section 250-015-0010 - Equipment Requirements for Charter Boats and Charter Guides

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 requirements apply to Charter Boats operating on US navigable waters:
(a) Navigation Lights as prescribed in Title
			 33 CFR
			 83.20-
			 83.31 of the
			 Code of Federal Regulations (CFR), effective 01/01/2016.
(b) Personal Flotation Devices as prescribed
			 in Title
			 46
			 CFR 180.71-
			 180.72,
			 effective 01/01/2016.
(c) Life
			 Jacket Lights as prescribed in Title
			 46 CFR 180.75,
			 effective 01/01/2016.
(d) Visual
			 Distress Signals as prescribed in Title
			 46 CFR
			 180.68, effective 01/01/2016.
(e) Distress Signals Storage as prescribed in
			 Title
			 46
			 CFR 185.614, effective 01/01/2016.
(f) Sound Signals as prescribed in  Title 33
			 CFR 86.33, effective 01/01/2016.
(g) Survival Craft as prescribed in Title
			 46 CFR
			 180.200, effective 01/01/2016.
(h) Life Saving Equipment Markings as
			 prescribed in Title
			 46 CFR
			 185.604, effective 01/01/2016.
(i) Merchant Marine Credential (MMC) as
			 prescribed in Title
			 46 CFR
			 15.401, effective 01/01/2016.
(j) Charts and Publications as prescribed in
			 Title
			 46 CFR
			 130.330, effective 01/01/2016.
(k) First Aid Kits as prescribed in Title
			 46 CFR 184.710,
			 effective 01/01/2016.
(l) EPIRB as
			 prescribed in Title
			 46 CFR
			 180.64, effective 01/01/2016.
(m) Life Ring Buoys as prescribed in Title
			 46 CFR 180.70,
			 effective 01/01/2016.
(n) Fire
			 Extinguishers as prescribed in Title
			 46 CFR
			 181.500 to
			 181.520,
			 effective 08/22/2016.
(o) Bilge
			 Pumps as prescribed in Title
			 46
			 CFR 182.520, effective 01/01/2016.
(p) Bilge High Level Alarm as prescribed in
			 Title
			 46 CFR
			 182.530, effective 01/01/2016.
(q) Ground Tackle and Mooring Lines as
			 prescribed in Title
			 46 CFR
			 184.300, effective 01/01/2016.
(r) Compasses as prescribed in Title
			 46 CFR
			 184.402, effective 01/01/2016.
(s) Radar as prescribed in Title
			 46 CFR
			 184.404, effective 01/01/2016.
(t) Passenger Safety Orientation as
			 prescribed in Title
			 46 CFR
			 185.506 effective 01/01/2016.
(u) Electronic Position Fixing as prescribed
			 in Title
			 46 CFR
			 184.410, effective 01/01/2016.
(v) Emergency Instructions Placard as
			 prescribed in Title
			 46 CFR
			 185.510, effective 01/01/2016.
(w) Vessel Radio Equipment as prescribed in
			 Title
			 47 CFR
			 80.905(a)(1) & (2),
			 effective 01/01/2016.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 15 - OCEAN CHARTER VESSELS › Section 250-015-0012 - Safety and Equipment Requirements for Charters on Sole State Waters

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Boats operating
			 on sole state waters shall not exceed designed seating capacity unless
			 certified by a United States Coast Guard (USCG) Certificate of Inspection, the
			 National Association of Marine Surveyors (NAMS), or the Society of Marine
			 Surveyors (SAMS). The seating capacity includes the total number of passengers
			 and crew.
(2) Each boat shall carry
			 on board an approved first aid kit.
(a) First
			 aid kits shall be in accordance with  Title 46 CFR 160.054  as established on
			 01/01/2016.
(b) Kits must be stored
			 in a waterproof container and clearly marked as "First-Aid Kit".
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 15 - OCEAN CHARTER VESSELS › Section 250-015-0018 - Depth Finder

Current through Register Vol. 63, No. 7, July 1, 2024
An installed (not portable), functioning depth finding unit
				shall be at or near the vessel's primary steering station. The equipment shall
				provide an adequate range of depth scales allowing the operator to select
				scales that provide ample safety warning of abrupt ocean bottom contour
				changes.
Stat. Auth.: ORS
				  830.110
Stats. Implemented: ORS
				  830.450
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 15 - OCEAN CHARTER VESSELS › Section 250-015-0022 - Navigation Equipment

Current through Register Vol. 63, No. 7, July 1, 2024
Each vessel shall have installed a RADAR or a GLOBAL
				POSITIONING SYSTEM (GPS) navigation system. It shall be capable of providing
				the operator with rapid, reliable vessel positioning information. Portable or
				hand-held GPS is allowable on uninspected vessels less than 26 feet of open
				construction as an alternative means of compliance.
Stat. Auth.: ORS
				  830.110 &
				  830.175
Stats. Implemented: ORS
				  830.450
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 15 - OCEAN CHARTER VESSELS › Section 250-015-0026 - Light/Smoke Flares

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  830.110
Stats. Implemented: ORS
				  830.430 -
				  830.460
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 15 - OCEAN CHARTER VESSELS › Section 250-015-0035 - Charter Boats Operating on Sole State Waters

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Charter boat may not be operated on
			 sole state waters unless the vessel is:
(a)
			 Licensed by the US Coast Guard and is operated within the specifications of the
			 vessel's Certificate of Inspection; or
(b) Licensed as a Charter boat by the Oregon
			 State Marine Board.
(c) Operated by
			 a USCG-licensed mariner with an Operator's License appropriate to the type of
			 operation conducted.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Decal" is an
			 identifying registration sticker or fabric tag visibly displayed on a vessel,
			 vehicle, pack or other equipment.
(2) "Deposit" is a collection of fees prior
			 to providing outdoor recreational activities.
(3) "Drop Camp" is a site whose location is
			 chosen either by the Outfitter and Guide or the client but where no guided hunt
			 or fishing services are provided to the client.
(4) "Guide Boatsman Trainee" is an individual
			 who is an Outfitter and Guide or an employee of an Outfitter and Guide who is
			 receiving experience on whitewater as required in ORS
			 704.070.
(5) "Outfitter and Guide Hunt" is an outdoor
			 recreational activity in which the client is physically accompanied in the
			 field by the registered Outfitter and Guide or the employee(s) of the
			 registered Outfitter and Guide during the hunt.
(6) "Owned or Controlled" land means any
			 lands owned or under a formal leasing giving the individual as a
			 sole-proprietor, partnership, or other corporation exclusive control of the use
			 of the lands.
(7) "Packing" is the
			 act by the registered Outfitter and Guide or the employee(s) of the registered
			 Outfitter and Guide to lead clients in overland outdoor recreational activities
			 including but not limited to the transportation of client, equipment and
			 supplies, harvested game, by machine, boat, animal or guide.
(8) "Person" means an individual,
			 partnership, corporation or non-profit organization.
(9) "Resident", as it pertains to this
			 division, is an individual who has physically resided in the State of Oregon
			 for a period of not less than six consecutive months immediately prior to the
			 date of submitting an application to be registered as an Outfitter and Guide in
			 the State of Oregon. Mere ownership of real property or payment of property
			 taxes in the State of Oregon does not establish residency. A "resident" shall
			 not hold or claim any resident privileges in any other state or country for any
			 purpose. Resident privileges include, but are not limited to:
(a) A valid state driver's license;
(b) A state voter registration; or
(c) Filing of resident state income
			 taxes.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0025 - Employees, Agents or Parties in Interest

Current through Register Vol. 63, No. 7, July 1, 2024
(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),
			 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 full name; and
(c) Added employee's full name, including
			 residential address, and date of birth.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0031 - Incident Reporting Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0035 - Registration Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0036 - Motorized Passenger Boat Operator's Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0038 - Knowledge Examination, Health Screen, and Drug testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Guide Boat Operator's Knowledge
			 Examination:
(a) An examination must be
			 completed every five years.
(b) The
			 passing score is 75 percent.
(c) If
			 the applicant fails the examination, they may retake it after a thirty (30) day
			 waiting period.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0040 - Proof of Registration Compliance

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0041 - Non-Resident Hunt Tag Program

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0045 - Registration Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Registration Renewal:
(a) The Marine Board
			 will notify a registered Outfitter and Guide, 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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0050 - Process to Reprimand an Outfitter and Guide or Suspend, Revoke, or Deny a Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(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 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 for conduct noted in ORS
			 704.040(4).
(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 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
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0055 - Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  830.110 &
				  830.435
Stats. Implemented: ORS 704 & 705
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0060 - Outfitter and Guide Ethical and Professional Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(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 human 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 excessively
			 use alcohol, or any other drug or substance, 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, or concealment of any material fact in advertising,
			 soliciting, 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 inhuman 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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0065 - Surety Bond

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  830.110 &
				  830.435
Stats. Implemented: ORS 704 & 705
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0070 - Requirements of Recreational Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0075 - Safety and Equipment Requirements for Whitewater River Outfitter and Guides

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Registered Outfitters and Guides who carry passengers for consideration are
			 required to have all 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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0076 - Safety and Equipment Requirements for Non-Boating Guides

Current through Register Vol. 63, No. 7, July 1, 2024
(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."
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0077 - Safety and Equipment Requirements for Inland Outfitter and Guide Boats

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Boats operating
			 on sole state waters shall not exceed designed seating capacity unless
			 certified by a United States Coast Guard Certificate of Inspection, the
			 National Association of Marine Surveyors (NAMS) or the Society of Marine
			 Surveyors (SAMS). The seating capacity will include the total number of
			 passengers and crew.
(2) Each boat
			 shall carry on board an approved first aid kit.
(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.
(b) First aid kits shall be based on the
			 guide's training and shall be appropriate for the activity and
			 environment.
(c) Kits must be
			 stored in a waterproof contained and clearly marked as "First Aid
			 Kit".
(d) Non-motorized boats
			 traveling in a group, the above requirement may be met by possessing one first
			 aid kit.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0080 - Reciprocity Provisions for Outfitters and Guides on the lower Columbia River downstream of the bridge at Longview - Rainier

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  830.110 &
				  830.435
Stats. Implemented: ORS
				  704.025
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0085 - Reciprocity Provisions for Outfitters and Guides on the Columbia River upstream of the bridge at Longview-Rainier

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  830.110 &
				  830.435
Stats. Implemented: ORS 704 & 705
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0090 - Guide Advisory Committee; Charter Representation

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0095 - Civil Penalties, Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 183, 704
Stats. Implemented: ORS 183,
				  704
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 16 - OUTFITTER/GUIDE REGISTRATION › Section 250-016-0100 - Schedule of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Penalties for first violations of ORS
			 704.020,
			 704.021,
			 704.030, or
			 704.065 are $200 per violation.
(2) The penalty for the first
			 violation of 704.070 is $250.
(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 $400 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 $500.
Stat. Auth.: ORS
				  704.500,
				  704.900
Stats. Implemented: ORS
				  704.900
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 17 - ADOPT-A-RIVER PROGRAM › Section 250-017-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  830.110
Stats. Implemented: ORS
				  830.055
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 17 - ADOPT-A-RIVER PROGRAM › Section 250-017-0010 - Scope

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  830.110
Stats. Implemented: ORS
				  830.055
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 17 - ADOPT-A-RIVER PROGRAM › Section 250-017-0020 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  830.110
Stats. Implemented: ORS
				  830.055
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 17 - ADOPT-A-RIVER PROGRAM › Section 250-017-0030 - General Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 spokesperson must submit a written application to the Director requesting to
			 adopt a river or waterbody and identifying the intended scope of
			 work.
(2) An "Adopt-a-River"
			 adoption will be executed between the spokesperson and the Director. The
			 adoption will list the specific requirements and obligations of both the
			 applicant and the Director.
(3) The
			 section of river or waterbody being adopted shall be at least two miles in
			 length for litter pickup work and can include shorelines of lakes and
			 reservoirs. If unique situations exist then this requirement may be altered if
			 approved by the Director.
(4) The
			 term of the adoption will be for a period of at least two years.
(5) If more than one applicant requests the
			 same section of waterbody, the Director may make the selection by earliest date
			 of application or by a drawing.
(6)
			 Assignment of a specific section of waterbody shall be at the discretion of the
			 Director.
(7) The Director may
			 consider factors such as land ownership, sensitive resource values, congestion,
			 and size of waterway in determining which rivers or waterbody sections will be
			 eligible for this program.
(8)
			 Subcontracting or assigning the adopted section by the applicant is prohibited
			 and will result in cancellation of the adoption.
(9) The Director may cancel an adoption for
			 any reason including, but not limited to safety considerations, failure of the
			 applicant to perform and failure of the applicant or its participants to comply
			 with provisions of the adoption. This cancellation will be issued in writing.
(10) The spokesperson may cancel
			 the adoption with 30 days written notice to the Director.
(11) A spokesperson has the option of
			 renewing the adoption for subsequent terms, subject to the approval of the
			 Director.
(12) The Director shall
			 not issue an adoption under this program to any applicant whose objectives and
			 values are determined to be inconsistent with the public interest and the
			 Marine Board's charge and responsibilities under Oregon law. To make this
			 determination, the Director will rely on:
(a)
			 Oregon Marine Board published mission;
(b) All of the information provided in the
			 application and any other information considered to be common knowledge of the
			 general public in the geographic area of the waterbody section to be adopted
			 and;
(c) Information which may be
			 requested of the applicant by the Director. This information may include
			 bylaws, articles of incorporation, or literature of the applicant. Failure to
			 provide such information upon request may be grounds for denial of an
			 adoption.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 17 - ADOPT-A-RIVER PROGRAM › Section 250-017-0040 - Applicant and Participant Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 18 - PROCEDURES FOR IMPLEMENTING MANDATORY BOATING SAFETY EDUCATION PROGRAM › Section 250-018-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this Division the following definitions
				apply:
(1) "Approved Course Provider"
			 is any individual or organization who instructs or provides a National
			 Association of State Boating Law Administrators (NASBLA) approved classroom
			 course, Equivalency Exam, or Internet Course and has been approved by the
			 Oregon State Marine Board.
(2)
			 "Boating Safety Education Card" is the physical or digital card issued by the
			 Marine Board which certifies that the person named on the card has passed a
			 Boating Safety Education Course and is authorized to operate a boat with a
			 motor greater than 10 horsepower in Oregon under ORS
			 830.082 to
			 830.096 when capable of
			 presenting the card to a Peace Officer upon request.
(3) "Boating Safety Education Course" is any
			 NASBLA approved course of instruction that is offered by an Approved Course
			 Provider and concludes with an examination containing at least 50 questions
			 including a minimum of 10 specific questions about Oregon boating
			 laws.
(4) "Correspondence Course
			 and Self-Test" means a Boating Safety Education Course and examination provided
			 by the Marine Board that is taken at home without a proctor. This
			 Correspondence Course and Self-Test will satisfy minimum standard of boating
			 safety education completion only for those individuals who have qualified for
			 hardship status.
(5) "Direct
			 Supervision" as it pertains to ORS
			 830.088 - ORS
			 830.090 occurs when a person in
			 possession of a Boating Safety Education Card issued to that person maintains
			 close visual and verbal contact with, provides adequate direction to, and can
			 immediately and lawfully assume control of the boat from the operator.
(a) A person who is not on board the boat,
			 including while engaged in towed watersports, or is in the cabin of a boat is
			 not considered to be providing Direct Supervision.
(b) A youth aged 12 to 15 operating a
			 personal watercraft while training for or competing in a Marine
			 Board-sanctioned event as described in OAR 250-021-0036  is considered to be
			 under Direct Supervision.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 18 - PROCEDURES FOR IMPLEMENTING MANDATORY BOATING SAFETY EDUCATION PROGRAM › Section 250-018-0020 - Minimum Standards for Boating Safety Education Competency

Current through Register Vol. 63, No. 7, July 1, 2024
(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;
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 18 - PROCEDURES FOR IMPLEMENTING MANDATORY BOATING SAFETY EDUCATION PROGRAM › Section 250-018-0030 - Boating Safety Education Card

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 18 - PROCEDURES FOR IMPLEMENTING MANDATORY BOATING SAFETY EDUCATION PROGRAM › Section 250-018-0040 - Replacement Boating Safety Education Card

Current through Register Vol. 63, No. 7, July 1, 2024
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