Oregon Administrative Rules › Chapter 736 - PARKS AND RECREATION DEPARTMENT › Division 40 - OREGON SCENIC WATERWAYS › Section 736-040-0055 - Owyhee River Scenic Waterway

Current through Register Vol. 63, No. 7, July 1, 2024
Natural River Area:
(1) The entire Owyhee River Scenic Waterway,
			 in its two segments, is classified as a Natural River Area.
(2) In order to preserve the river and
			 related adjacent lands in an essentially primitive condition, no new structures
			 or improvements which are visible from the river, other than those erected or
			 made in connection with the existing agricultural uses, or those needed for
			 public outdoor recreation or for resource protection will be permitted.
			 Commercial public service facilities, including resorts and motels, lodges and
			 trailer parks, and additional dwellings which are visible from the river will
			 not be permitted.
(3) Public Use of
			 the Owyhee River Scenic Waterway
(a) Policy:
			 The Commission finds that it is necessary to adopt rules for public recreation
			 use of the lands and waters within this scenic waterway area in order to
			 protect and enhance the Owyhee River Scenic Waterway's unique aesthetic,
			 scenic, fish and wildlife, scientific and recreational features, and because
			 these outstanding and unique features caused the people of Oregon to designated
			 these river segments as a scenic waterway. The Commission bases this rule upon
			 the need to protect and preserve the waterway's outstanding scenic beauty and
			 natural features while maintaining the river's wide range of recreational
			 opportunities. Therefore, in accordance with the management provisions of ORS
			 390.845, person using the Owyhee
			 River Scenic Waterway for recreation purposes shall comply with this rule.
			 Where more restrictive or specific than the general rules of this division,
			 this rule will prevail over the general rules.
(b) Definitions: For purposes of this rule,
			 the following definitions apply:
(A)
			 "Approved portable toilet" means any non-biodegradable, reusable, rigid,
			 durable container designed to receive and hold human waste, in any container
			 position without leaking, large enough to service the entire party for the
			 length of the trip, and equipped with a dumping system that allows the
			 container to be emptied and rinsed into a standard receiving or dump system
			 designed for that purpose, without spills, seepage or human exposure to human
			 waste; or at least one WAG bag manufactured by Phillips Environmental Products
			 or other similar approved product, for each person in the boating party,
			 carried in a leak-proof container and disposed of in a trash receptacle
			 according to manufacturer instructions, without spills, seepage or human
			 exposure to human waste.
(B) "Boat"
			 means every watercraft or device used as a means of transport on the
			 water.
(C) "Camping" means erecting
			 a tent or shelter of natural or synthetic material, preparing a sleeping bag or
			 other bedding material, parking a motor vehicle, motor home or trailer, or
			 mooring of a vessel, or other action for the apparent purpose of overnight
			 occupancy.
(D) "Designated
			 Campsite" means a public designated campsite within a developed campground,
			 marked with a visible number painted on a picnic table or mounted on a post or
			 placard.
(E) "Developed Toilet
			 Facility" means a vault type toilet provided by the Bureau of Land Management
			 or the department.
(F) "Display
			 Intent To Remain Overnight" means any off-loading onto the riverbank, or
			 preparing for use, common overnight camping equipment such as tents, sleeping
			 bags or bedding, food, cooking or dining equipment, or lighting equipment, or
			 to prepare common camping equipment for use in or on any boat.
(G) "Group" means any number of persons
			 affiliated together with a common goal to recreate with each other in
			 activities such as rafting, eating, camping, or swimming.
(H) "Group Size Limit" means a boating party
			 not to exceed 15 persons between the Idaho state line to Three Forks, and not
			 to exceed 20 persons between Crooked Creek to Birch Creek regardless of the
			 number of persons covered by each boater registration form.
(I) "Owyhee River Scenic Waterway" means that
			 portion of the Owyhee River designated in ORS
			 390.826(15) as
			 a State Scenic Waterway. The portion of the Owyhee River Scenic Waterway
			 affected by this rule covers the section of the South Fork Owyhee River from
			 the Idaho border downstream to Three Forks, and the maintsem Owyhee River from
			 Crooked Creek downstream to Leslie Gulch. The Owyhee River Scenic Waterway also
			 includes all water and lands within one-quarter mile of the bank on either side
			 of the river.
(J) "Refuse"
			 includes, but is not limited to, wastewater, sewage, litter, trash, garbage,
			 scraps, remnants of water balloons or clay pigeons, remnants of a campfire
			 including charcoal, ash, or burned debris, or other useless or worthless parts
			 of things.
(K) "Remain Overnight"
			 means human presence in the Owyhee River Scenic Waterway on a boat-in basis for
			 any period of time from one hour after legal sunset to one hour before legal
			 sunrise.
(L) "Trip Leader" means a
			 person who completes and signs an Owyhee River Boater Registration Form on
			 behalf of a boating group. By signing the boater registration form, the group
			 leader accepts legal responsibility for the leader's and group members'
			 compliance with all applicable Department, Oregon State Marine Board, and
			 Oregon Liquor Control Commission administrative rules; controlled substance,
			 juvenile and criminal laws; and this rule.
(c) Boating and Registration:
(A) All boats shall carry at least one United
			 States Coast Guard approved personal flotation device in good and serviceable
			 condition for each person on board. Each device shall be of an appropriate size
			 for the person for whom it is intended and shall be readily accessible whenever
			 the boat is in use. As used in this paragraph, a personal flotation device is
			 not "readily accessible" if it is stowed in a locked compartment or locker or
			 is otherwise not immediately, physically available to persons on board the boat
			 in case of an emergency.
(B) Every
			 boater or boating group shall register their party and trip prior to launching.
			 The boater or trip leader must completely and accurately provide all
			 information requested on the registration form and must sign the registration
			 form prior to launch in order to be valid.
(C) Every boater or boating group shall abide
			 by the requirements of the registration form stipulations.
(D) The boater or group leader must carry
			 their valid registration and it must be readily available for inspection upon
			 request by authorized agency and law enforcement personnel.
(d) Campfires, Fuel, Firepans and
			 Smoking:
(A) When fire is not prohibited, a
			 person must contain fire in a firepan or similar device of metal. A firepan is
			 a metal container with sides at least two inches high to prevent ashes or
			 burning material from spilling onto the ground.
(B) A person may use commercially
			 manufactured metal camp stoves and lanterns for outdoor use only when fueled
			 with bottled liquefied petroleum gas (e.g. propane) or liquid gas. A person
			 must operate such stove or lanterns in a responsible manner at all
			 times.
(C) A person may not chop,
			 saw, break, cut, burn or gather wood or other combustible material from any
			 live or standing tree.
(D) A person
			 must completely extinguish all fires after use. A person must take the
			 extinguished remains, including all ash, wood or charcoal residues, partially
			 consumed briquettes, and burned refuse out of the scenic waterway for disposal
			 or deposit in a proper garbage receptacle provided at recreation sites or
			 litter collection stations.
(E) A
			 person may only smoke in non-public buildings, closed vehicles, while in boats
			 on the water or while standing in the water.
(e) Camping:
(A) Groups occupying any campsite shall not
			 exceed either the maximum number of persons or vehicles allowed for that
			 campsite.
(B) A person may not
			 occupy any campsite or area posted as "Closed" to that use.
(C) A person may not possess or leave refuse,
			 debris, or litter in an exposed, unsightly, or unsanitary condition.
(f) Litter and Personal
			 Sanitation:
(A) All persons shall remove
			 refuse or similar materials from of the scenic waterway for proper
			 disposal.
(B) Boating individuals
			 and groups that remain, intend to remain, or display intent to remain overnight
			 within the Owyhee River Scenic Waterway must carry and use an approved portable
			 toilet.
(C) All persons who remain,
			 intend to remain, or display intent to remain overnight in an undeveloped camp
			 site shall set up an approved portable toilet, ready for use, as soon as
			 practical upon landing at the camping site to be occupied.
(D) A person may not leave, deposit, or
			 scatter human waste, toilet paper, or items used as toilet paper, on the ground
			 within the Owyhee River Scenic Waterway.
(E) While within the Owyhee River Scenic
			 Waterway, a person may only dump portable toilets at facilities developed and
			 identified especially for that purpose.