reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0700 - Flotation Encapsulation Rules; Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of OAR 250-010-0700  to 250-010-0715 the
				following definitions shall apply:
(1)
			 "Bonded" means an effective and permanent means of physical or chemical
			 adhesion.
(2) "Dock" means an
			 individual, unenclosed, structure, which may either be secured to the adjacent
			 or underlying land or that floats, that is used for mooring boats and for
			 similar recreational uses such as sunbathing or as a swimming platform. A
			 structure does not lose its designation as a dock if it has an unenclosed
			 recreation area, or includes a second level that may be used for a recreational
			 purpose such as a viewing platform or sunbathing deck.
(3) "Float" or "Floating Structure" means a
			 structure supported by polystyrene foam flotation and held in place by piling
			 and mooring devices, including but not limited to boathouses, floating homes,
			 marinas, and walkways, boarding floats or combination thereof.
(4) "Fuel Float" means any floating structure
			 used to dispense any form of fuel or any floating structure used to store,
			 maintain or repair boat engines.
(5) "Mil" means one-one thousand of an inch
			 of thickness or 0.001 of an inch.
(6) "Repair or Maintenance" means the
			 reconstruction or renewal of any part of an existing floating structure for the
			 purpose of its maintenance.
(7)
			 "Polystyrene Foam Flotation" means all products manufactured from expanded
			 polystyrene foam beads with cell diameters of 0.125" or larger used as
			 flotation.
Statutory/Other Authority: ORS
				  830.110
Statutes/Other Implemented: ORS
				  830.110  & ORS
				  830.955
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0705 - Materials and Methods of Encapsulation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As of January 1, 1992, when a person
			 installs a submersible polystyrene device on a dock, buoy, or float on the
			 waters of this state the device must be encapsulated by a protective covering
			 or be designed to prevent the polystyrene from disintegrating into the
			 water.
(2) Effective methods of
			 encapsulation shall completely cover or be a physical barrier between the
			 polystyrene foam flotation and the water. Small gaps up to 0.75 inch diameter
			 ballast holes are permitted in the physical barrier or covering provided they
			 are 0.1% or less of the square footage of the floating structure.
(3) All materials and methods of
			 encapsulation shall comply with all requirements specified in OAR 250-010-0705  and provide an effective physical barrier between the polystyrene foam
			 flotation and the water for a period not less than ten (10) years. Any
			 fasteners used to hold encapsulation materials together shall be effectively
			 treated or be of such form as to reduce corrosion and decay.
(4) Any polystyrene foam flotation or part
			 thereof installed, removed, replaced, or repaired during construction or
			 maintenance activities shall be effectively contained. All unused or replaced
			 polystyrene foam shall be removed from the waters of this state and disposed of
			 in an approved manner at an upland disposal site or recycled.
(5) The Board may formally approve other
			 encapsulation materials or methods, if based on their judgment the proposed
			 alternatives meet or exceed the provision of this rule. The Board shall not
			 approve or endorse specific products of any person or firm.
(6) In the absence of local ordinances
			 exceeding the provisions of this rule, the following materials or methods of
			 encapsulation are approved:
(a) Concrete 1.0
			 inch or more in thickness.
(b)
			 Galvanized steel 0.065 inch or 16 gauge or more in thickness.
(c) Liquid coatings, 30 mils or more in
			 thickness, chemically or securely bonded.
(d) Rigid (hard) plastics, 50 mils or more in
			 thickness.
(e) Fiberglass and
			 plastic resins, 30 mils or more in thickness, chemically or securely
			 bonded.
(f) Pliable (soft) plastic
			 sheets, 10 mils or more in thickness, chemically or securely bonded. Multiple
			 layers of single plastic sheets less than 10 mils in thickness are not
			 permitted. The process of using shrink-wrap, with shrink-wrap sheets 10 mil or
			 more in thickness, is permitted.
(g) Non-treated dimensional wood 4.0 inches
			 or more in thickness and round wood logs.
(h) Non-treated marine grade plywood 0.5
			 inches or more in thickness.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0750 - Marine Sanitation Device Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All boats with permanently installed boat
			 toilet fixtures shall utilize an effective means to collect, treat or dispose
			 of black waste and sewage in an approved manner as follows:
(a) When underway or moored on "navigable
			 waters of the United States" as defined in ORS
			 830.005,
			 a U.S. Coast Guard approved Type I, II or III Marine Sanitation Device (MSD)
			 must be used to treat, or retain in a holding tank, all generated black
			 waste.
(b) When underway or moored
			 on inland "state waters" as defined in ORS
			 830.005,
			 a U.S. Coast Guard approved Type III MSD shall be used to contain all
			 permanently installed boat toilet fixture black waste and sewage. A Type I or
			 II MSD cannot be discharged while underway or moored on inland "state
			 waters".
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0760 - Waterway Access Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following
			 vessels or classifications are exempt from the requirement to carry a Waterway
			 Access Permit:
(a) Eleemosynary-owned boats
			 which a supervising adult can confirm through documentation are engaged in an
			 organization-related activity.
(b)
			 A ship's lifeboat used solely for lifesaving purposes.
(c) Surfboards, sailboards and
			 kiteboards.
(d) Boats owned and
			 operated by liveries and those used for group-guided activities by Outfitters
			 and Guides which have purchased discounted permits and have received a
			 certificate of compliance from the Board.
(e) Nonmotorized boats operating on the Snake
			 River with a valid Idaho Invasive Species Permit.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 10 - STATEWIDE RULES › Section 250-010-0800 - Livery Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 livery operator must present their livery registration certificate for
			 inspection upon request by a law enforcement officer.
(2) Livery registration certificates are
			 valid for two calendar years from the date of issuance.
Statutory/Other Authority: ORS
				  830.110
Statutes/Other Implemented: 2019 HB
				  2077
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0005 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  830.110 & ORS
				  830.175
Stats. Implemented: ORS
				  830.335 & ORS
				  830.340
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0020 - Division Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 division applies to all vessels upon waters of this state shoreward of the
			 navigational demarcation lines dividing the high seas from harbors, rivers, and
			 other inland waters.
(2) All
			 vessels operating on the high seas seaward of the navigational demarcation
			 lines fall under the authority of the International Rules, 72 COLREGS, as
			 amended November 19, 1989.
Stat. Auth.: ORS
				  830.110 & ORS
				  830.175
Stats. Implemented: ORS
				  830.335 & ORS
				  830.340
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0030 - Division Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Nothing in this division shall exonerate any vessel, or the owner, master, or
			 crew thereof, from the consequences of any neglect to comply with this division
			 or of the neglect of any precaution which may be required by the ordinary
			 practice of seamen, or by the special circumstance of the case.
(2) In construing and complying with this
			 division, due regard shall be had to all dangers of navigation and collision
			 and to any special circumstances, including the limitation of the vessels
			 involved, which may make a departure from this division necessary to avoid
			 immediate danger.
Stat. Auth.: ORS
				  830.110 & ORS
				  830.175
Stats. Implemented: ORS
				  830.335 & ORS
				  830.340
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0050 - Conduct of Vessels in Any Condition of Visibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every vessel shall at all times maintain
			 a proper lookout by sight and hearing as well as by all available means
			 appropriate in the prevailing circumstances and conditions so as to make a full
			 appraisal of the situation and of the risk of collision.
(2) Every vessel shall at all times proceed
			 at a safe speed so that it can take proper and effective action to avoid
			 collision and be stopped within a distance appropriate to the prevailing
			 circumstances and conditions. In determining a safe speed the following factors
			 shall be among those taken into account by all vessels:
(a) The state of visibility;
(b) The traffic density including
			 concentration of fishing vessels or any other vessels;
(c) The maneuverability of the vessel with
			 special reference to stopping distance and turning ability in the prevailing
			 conditions;
(d) At night the
			 presence of background light such as from shore lights or from back scatter of
			 its own lights;
(e) The state of
			 wind, sea, and current, and the proximity of navigational hazards;
(f) The draft in relation to the available
			 depth of water;
(g) The
			 characteristics, efficiency and limitations of the radar equipment;
(h) Any constraints imposed by the radar
			 range scale in use;
(i) The effect
			 on radar detection of the sea state, weather, and other sources of
			 interference;
(j) The possibility
			 that small vessels, ice and other floating objects may not be detected by radar
			 at an adequate range;
(k) The
			 number, location, and movement of vessels detected by radar; and
(l) The more exact assessment of the
			 visibility that may be possible when radar is used to determine the range of
			 vessels or other objects in the vicinity.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0060 - Conduct of Vessels in Sight of One Another

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When two sailing vessels are approaching
			 one another, so as to involve risk of collision, one of them shall keep out of
			 the way of the other as follows:
(a) When
			 each has the wind on a different side, the vessel which has the wind on the
			 port side shall keep out of the way of the other;
(b) When both have the wind on the same side,
			 the vessel which is to windward shall keep out of the way of the vessel which
			 is to leeward; and
(c) If a vessel
			 with the wind on the port side sees a vessel to windward and cannot determine
			 with certainty whether the other vessel has the wind on the port or on the
			 starboard side, it shall keep out of the way of the other;
(d) For the purpose of this section the
			 windward side shall be deemed to be the side opposite to that on which the
			 mainsail is carried or, in the case of a square-rigged vessel, the side
			 opposite to that on which the largest fore-and-aft sail is
			 carried.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0070 - Conduct of Vessels in Restricted Visibility

Current through Register Vol. 63, No. 7, July 1, 2024
Every vessel shall proceed at a safe speed adapted to the
				prevailing circumstances and conditions of restricted visibility. A
				power-driven vessel shall have its engines ready for immediate maneuver:
(1) Every vessel shall have due
			 regard to the prevailing circumstances and conditions of restricted visibility
			 when complying with OAR 250-011-0050.
(2) A vessel which detect by radar alone the
			 presence of another vessel shall determine if a close-quarters situation is
			 developing or risk of collision exists. If so, it shall take avoiding action in
			 ample time, provided that when such action consists of an alteration of course,
			 so far as possible the following shall be avoided:
(a) An alteration of course to port for a
			 vessel forward of the beam, other than for a vessel being overtaken; and
(b) An alteration of course toward
			 a vessel abeam or abaft the beam.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0080 - Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules in
			 this section shall be complied with in all weathers.
(2) Light requirements apply from sunset to
			 sunrise, during which time, no other lights shall be exhibited, except for such
			 lights which cannot be mistaken for the lights described in this division, do
			 not impair their visibility, distinctive character, or interfere with the
			 keeping of a proper look-out.
(3)
			 The prescribed lights, shall, if carried, also be exhibited from sunrise to
			 sunset in restricted visibility and may be exhibited in all other circumstances
			 when it is deemed necessary.
(4)
			 The rules concerning shapes shall be complied with by day.
(5) A vessel's navigation lights and shapes
			 may be lowered if necessary to pass under a bridge.
Stat. Auth.: ORS
				  830.110 &
				  830.250
Stats. Implemented: ORS
				  830.225
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0090 - Visibility of Lights

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Vessel lights as prescribed herein shall have visible intensity.
(2) In a vessel of 50 meters or more in
			 length:
(a) A masthead light, six miles;
(b) A sidelight, three miles;
(c) A sternlight, three miles;
(d) A towing light, three miles;
(e) A white, red, green or yellow
			 all-round light, three miles; and a special flashing light, two miles.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0100 - Power-driven Vessels Underway

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A power-driven vessel underway shall exhibit:
(a) A masthead light forward; except that a
			 vessel of less than 20 meters in length need not exhibit this light forward of
			 amidships but shall exhibit it as far forward as is practicable;
(b) A second masthead light abaft of and
			 higher than the forward one; except that a vessel of less than 50 meters in
			 length shall not be obliged to exhibit such light but may do so;
(c) Sidelights; and
(d) A sternlight.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0110 - Towing and Pushing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 power-driven vessel when towing astern shall exhibit:
(a) Instead of the light prescribed either in
			 OAR 250-011-0100(1)(a) or (b)  two masthead lights in a vertical line. When the
			 length of the tow, measuring from the stern of the towing vessel to the after
			 end of the tow exceeds 200 meters, three such lights in a vertical line;
(b) Sidelights;
(c) A sternlight;
(d) A towing light in a vertical line above
			 the sternlight; and
(e) When the
			 length of the tow exceeds 200 meters, a diamond shape where it can best be
			 seen.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0120 - Sailing Vessels Underway and Vessels Manually Propelled

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A sailing
			 vessel underway shall exhibit:
(a)
			 Sidelights; and
(b) A sternlight.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0130 - Fishing Vessels

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 vessel engaged in fishing, whether underway or at anchor, shall exhibit only
			 the lights and shapes prescribed in this rule.
(2) A vessel when engaged in trawling, by
			 which is meant the dragging through the water of a dredge net or other
			 apparatus used as a fishing appliance, shall exhibit:
(a) Two all-round lights in a vertical line,
			 the upper being green and the lower white, or a shape consisting of two cones
			 with their apexes together in a vertical line one above the other; a vessel of
			 less than 20 meters in length may instead of this shape exhibit a basket;
(b) A masthead light abaft of and
			 higher than the all-round green light; a vessel of less than 50 meters in
			 length shall not be obliged to exhibit such a light but may do so; and
(c) When making way through the
			 water, in addition to the lights prescribed in this paragraph, sidelights and a
			 sternlight.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0140 - Vessels Not Under Command or Restricted in Their Ability to Maneuver

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A vessel not
			 under command shall exhibit:
(a) Two
			 all-round red lights in a vertical line where they can best be seen;
(b) Two balls or similar shapes in a vertical
			 line where they can best be seen; and
(c) When making way through the water, in
			 addition to the lights prescribed in this section, sidelights and a sternlight.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0150 - Pilot Vessels

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 vessel engaged on pilotage duty shall exhibit:
(a) At or near the masthead, two all-round
			 lights in a vertical line, the upper being white and the lower red;
(b) When underway, in addition, sidelights
			 and a sternlight; and
(c) When at
			 anchor, in addition to the lights prescribed in section (1)(a) of this rule,
			 the anchor light, lights, or shape prescribed in OAR 250-011-0160  for anchored
			 vessels.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0160 - Anchored Vessels and Vessels Aground

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A vessel at anchor shall exhibit where it
			 can best be seen:
(a) In the fore part, an
			 all-round white light or one ball; and
(b) At or near the stern and at a lower level
			 than the light prescribed in section (1)(a) of this rule, an all-round white
			 light.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0170 - Law Enforcement Vessels

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Law enforcement vessels may display a
			 flashing blue light when engaged in direct law enforcement or public safety
			 activities. This light must be located so that it does not interfere with the
			 visibility of the vessel's navigation lights.
(2) The blue light described in this section
			 may be displayed only by law enforcement vessels of the United States, Oregon
			 and its political subdivisions.
Stat. Auth.: ORS
				  830.110 & ORS
				  830.250
Stats. Implemented: ORS
				  830.035
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0180 - Public Safety Activities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Vessels engaged in government sanctioned
			 public safety activities, and commercial vessels performing similar functions,
			 may display an alternately flashing red and yellow light signal. This
			 identification light signal must be located so that it does not interfere with
			 the visibility of the vessel's navigation lights. The identification light
			 signal may be used only as an identification signal and conveys no special
			 privilege. Vessels using the identification light signal during public safety
			 activities must abide by the Inland Navigation Rules and OAR Chapter 250,
			 Division 11, and must not presume that the light or the exigency gives them
			 precedence or right of way.
(2)
			 Public safety activities include but are not limited to patrolling marine
			 parades, regattas, or special water celebrations; traffic control; salvage;
			 firefighting; medical assistance; assisting disabled vessels; and search and
			 rescue.
Stat. Auth.: ORS
				  830.110 & ORS
				  830.250
Stats. Implemented: ORS
				  830.035
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0190 - Equipment for Sound Signals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A vessel of 12 meters or more in length
			 shall be provided with a whistle, a vessel of 20 meters or more in length shall
			 be provided with a bell in addition to a whistle, and a vessel of 100 meters or
			 more in length shall, in addition, be provided with a gong, the tone and sound
			 of which cannot be confused with that of the bell. The whistle, bell and gong
			 shall comply with current U.S. Coast Guard specifications. The bell or gong or
			 both may be replaced by other equipment having the same respective sound
			 characteristics, provided that manual sounding of the prescribed signals shall
			 always be possible.
(2) A vessel
			 of less than 12 meters in length shall not be obliged to carry the sound
			 signaling appliances prescribed in section (1) of this rule but if it does not,
			 the vessel shall be provided with some other means of making an efficient sound
			 signal.
Stat. Auth: ORS 830
Stats. Implemented: ORS
				  830.230
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0200 - Maneuvering and Warning Signals

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When power-driven vessels are in sight of
			 one another and meeting or crossing at a distance within half a mile of each
			 other, each vessel underway, when maneuvering as authorized or required by
			 these rules:
(a) Shall indicate that maneuver
			 by the following signals on its whistle: one short blast to mean "I intend to
			 leave you on my port side"; two short blasts to mean "I intend to leave you on
			 my starboard side"; and three short blasts to mean "I am operating astern
			 propulsion";
(b) Upon hearing the
			 one or two blast signal the other shall, if in agreement, sound the same
			 whistle signal and take the steps necessary to effect a safe passing. If,
			 however, from any cause, the vessel doubts the safety of the proposed maneuver,
			 it shall sound the danger signal specified in section (4) of this rule and each
			 vessel shall take appropriate precautionary action until a safe passing
			 agreement is made.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 11 - STEERING AND SAILING RULES › Section 250-011-0230 - Signals to Attract Attention

Current through Register Vol. 63, No. 7, July 1, 2024
If necessary to attract the attention of another vessel, any
				vessel may make light or sound signals that cannot be mistaken for any signal
				authorized elsewhere in this division, or may direct the beam of its
				searchlight in the direction of the danger, in such a way as not to embarrass
				any vessel.
Stat. Auth: ORS 830
Stats. Implemented: ORS
				  830.225, ORS
				  830.230 & ORS
				  830.250
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 12 - LIGHTS AND SHAPES › Section 250-012-0005 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  830.110 & ORS
				  830.250
Stats. Implemented: ORS
				  830.225
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 12 - LIGHTS AND SHAPES › Section 250-012-0015 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  830.110 & ORS
				  830.250
Stats. Implemented: ORS
				  830.250
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 12 - LIGHTS AND SHAPES › Section 250-012-0045 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  830.110 & ORS
				  830.250
Stats. Implemented: ORS
				  830.035
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 12 - LIGHTS AND SHAPES › Section 250-012-0050 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  830.110 & ORS
				  830.250
Stats. Implemented: ORS
				  830.035
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 13 - SOUND AND LIGHT SIGNALS › Section 250-013-0001 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth: ORS 830
Stats. Implemented: ORS
				  830.210, ORS
				  830.230 & ORS
				  830.250
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 13 - SOUND AND LIGHT SIGNALS › Section 250-013-0020 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth: ORS 830
Stats. Implemented: ORS
				  830.225, ORS
				  830.230 & ORS
				  830.250
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 14 - MARINE FACILITY PROGRAM RULES › Section 250-014-0002 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Boating
			 Facility Grant Program is available to eligible public project sponsors.
(2) The Clean Vessel Act and
			 Boating Infrastructure Grant programs are available to eligible public and
			 private project sponsors.
(3) The
			 Maintenance Assistance Program is available to eligible public project sponsors
			 excluding federal agencies.
Stat. Auth.: ORS
				  830.110 &
				  830.150
Stats. Implemented: ORS
				  830.150
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 14 - MARINE FACILITY PROGRAM RULES › Section 250-014-0003 - Boating Facility Grant Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Program Description:
(a) The Board is authorized by ORS
			 830.150(2)(a)
			 to provide funds for the construction, rehabilitation, and replacement of
			 boating facilities. The program can provide for the acquisition of property and
			 related development projects such as ramps, parking, potable water, sanitation,
			 docks, and other facilities for the convenience and safety of recreational
			 boaters. The Board may adopt other policies, guidelines, and procedure manuals
			 as necessary to implement these rules. The funds are available to eligible
			 participants on a full grant or matching basis. Applicants are strongly
			 encouraged to provide some form of matching funds. This will enhance a
			 project's potential for funding. The applicant's match may be a hard match of
			 cash or a soft match of "in-kind" materials or services such as project
			 administration, design, engineering, force-account labor and permit fees
			 specifically related to the Boating Facility Grant as set forth in the
			 Procedure Guide. Eligible permit fees include application fees for US Army
			 Corps of Engineers and Department of State Lands section 404 and section 10
			 permits, other state and local government permit fees required for construction
			 or other activities associated with the grant, but not system development
			 charges, impact fees, and general government overhead charges, or waterway
			 leases and licenses associated with ownership of property.
(b) In granting funds, ORS
			 830.150(2)(a),
			 requires the Board to give first priority to applications for facilities
			 designed to control water pollution or otherwise enhance water quality,
			 including but not limited to, pumping stations for recreational boat holding
			 tanks, and to those other facilities for which there appears the greatest
			 public need. Funds may also be granted for removal of obsolete and abandoned
			 dock or mooring facilities, if these constitute a boating or navigational
			 hazard.
(c) Applications for grants
			 may be submitted by:
(A) Cities;
(B) Counties;
(C) Park and Recreation Districts;
(D) Port Districts;
(E) State Agencies; and
(F) Federal Agency participants such as U.S.
			 Forest Service, Bureau of Land Management and the Corps of Engineers.
(d) Prior to issuing any grant,
			 the Board shall hold a public hearing in the area where a facility is to be
			 constructed or land acquired if, in the judgment of the Board, use of the
			 facility would stimulate significant change in the character of the
			 recreational use of the waters.
(e)
			 Cities, counties, park and recreation districts, port districts, and state or
			 federal agencies that have developed long-range plans for development of
			 boating facilities are encouraged to file a copy with the State Marine
			 Board.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 14 - MARINE FACILITY PROGRAM RULES › Section 250-014-0005 - Vessel Waste Collection and Boating Infrastructure Grant Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Program
			 Descriptions:
(a) The Board is authorized to
			 provide federal Clean Vessel Act and Boating Infrastructure Grant funds made
			 available through the U.S. Fish and Wildlife Service, in the form of grants in
			 accordance with ORS 830.137 for the construction,
			 rehabilitation or replacement of facilities, such as vessel waste collection
			 systems, transient tie-ups and related support facilities.
(b) Federal Clean Vessel Act and Boating
			 Infrastructure Grant funds are provided to the Board contingent on availability
			 and approval by the U.S. Fish and Wildlife Service. Federal Clean Vessel Act
			 and Boating Infrastructure Grant funds require at least a 25% non-federal
			 match. For Clean Vessel Act projects, the required non-federal matching funds
			 are generally provided by the Board. All participants must agree to comply with
			 any and all federal funding requirements including but not limited to
			 compliance with the Single Audit Act. federal OMB Circular A-133.
(c) Clean Vessel Act Grant Funds may be used
			 for the construction/renovation of pumpouts, dump stations and floating
			 restrooms.
(d) Clean Vessel Act
			 Grant Funds may not be used for the construction/renovation of upland restroom
			 facilities; or the construction/renovation, operation and maintenance of onsite
			 sewage treatment plants such as package treatment plants and septic systems, or
			 municipal sewage treatment plants for primary and secondary treatment.
(e) Boating Infrastructure Grant
			 funds may be used for the construction/renovation of docks and piers, gangways,
			 fixed and floating breakwaters, debris booms, vessel waste collection systems,
			 utilities and restrooms that principally support tie-up facilities serving
			 non-trailered boats.
(f) Boating
			 Infrastructure Grant funds may not be used for the construction/renovation of
			 any trailered boat facilities, routine maintenance activities, dry stack
			 storage, annual, seasonal or homeport moorage or other related facilities.
(g) Cities, counties, parks and
			 recreation districts, port districts, state agencies, federal agency
			 participants such as U.S. Forest Service, Bureau of Land Management, the Corps
			 of Engineers and private project sponsors are eligible to submit applications
			 for grants.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 14 - MARINE FACILITY PROGRAM RULES › Section 250-014-0060

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  830.110 &
				  830.950
Stats. Implemented: ORS
				  830.110 &
				  830.950
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 14 - MARINE FACILITY PROGRAM RULES › Section 250-014-0070

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  830.110 &
				  830.950
Stats. Implemented: ORS
				  830.110 &
				  830.950
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 14 - MARINE FACILITY PROGRAM RULES › Section 250-014-0080

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  830.110 &
				  830.950
Stats. Implemented: ORS
				  830.110 &
				  830.950
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 14 - MARINE FACILITY PROGRAM RULES › Section 250-014-0090

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  830.110 &
				  830.950
Stats. Implemented: ORS
				  830.110 &
				  830.950
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 14 - MARINE FACILITY PROGRAM RULES › Section 250-014-0300 - Maintenance Assistance Grant Program Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Maintenance Assistance Grants are
			 available to assist in the maintenance of motorized and mixed-use boating
			 access sites, pumpout and dump stations, and floating restrooms.
(2) Applicants must submit a grant
			 application as described in the Maintenance Assistance Grant Procedure
			 Guide.
(3) Prior to the
			 disbursement of funds, successful applicants must enter into a signed agreement
			 with the State Marine Board.
(4)
			 Funds are awarded through reimbursement only and will not be provided in
			 advance of project expenditures.
(5) Recipients are required to submit grant
			 progress reports as described in the Maintenance Assistance Grant Procedure
			 Guide prior to receiving reimbursement. Reimbursement of grant funds can be
			 made on partial or final reimbursement basis.
(6) The Board may revoke grant awards if
			 agreements are not signed by both parties within 90 days.
(7) Recipients may receive one award per
			 biennium. The recipient may use those funds at any eligible access sites
			 identified in the grant agreement.
(8) Funds allocated for the maintenance of a
			 pumpout station, dump station, or floating restroom may only be used for the
			 maintenance of the facilities specified in the grant agreement. These funds may
			 not be used to supplement other maintenance needs.
Statutory/Other Authority: ORS
				  830.150
Statutes/Other Implemented: ORS
				  830.137
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 14 - MARINE FACILITY PROGRAM RULES › Section 250-014-0305 - Maintenance Assistance Grant Program Eligibility and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Eligible
			 applicants include cities, counties, park and recreation districts, port
			 districts, and state agencies.
(2)
			 Only motorized and mixed-use access sites are eligible for Maintenance
			 Assistance Grants through this program.
(3) To be eligible, an access site must have
			 a single-lane launch ramp with at least six vehicle/boat trailer and two
			 single-car parking spaces, or at least 100 linear feet of short-term tie-up
			 docks. During the peak season, at a minimum, the access site must have at least
			 one single-stall restroom and one garbage can.
(4) To be eligible, a pumpout station, dump
			 station, or floating restroom must provide free use to the public during the
			 peak season.
(5) Maintenance
			 Assistance Grant funds for access sites may not exceed 60 percent of overall
			 maintenance costs. Maintenance Assistance Grant funds for a pumpout station,
			 dump station, or floating restroom may not exceed 75 percent of overall costs.
			 Participant match may not include certain ineligible activities.
(6) Maintenance Assistance Grant funds may
			 not be used for operation, maintenance or overhead costs associated with fish
			 cleaning stations, boat wash stations, marine fuel stations, long-term marina
			 or moorage facilities, campgrounds, trails, picnic areas or shelters, swim
			 areas, other large day-use components. Maintenance Assistance Grant funds may
			 also not be used for the operation, maintenance or overhead of any eligible
			 improved boating facility or portion of eligible improved boating facility used
			 for commercial activities that limit public recreational boating use or access,
			 unless the commercial activities are incidental.
(7) Participants may not use Maintenance
			 Assistance Grant funds for capital projects or match for other
			 grants.
Statutory/Other Authority: ORS
				  830.150
Statutes/Other Implemented: ORS
				  830.137
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 14 - MARINE FACILITY PROGRAM RULES › Section 250-014-0500 - Waterway Access Grant Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of the Waterway Access Grant
			 Program is to provide access, education, and services to boaters through grants
			 from the Waterway Access Fund.
(2)
			 Priority will be given to projects that provide physical non-motorized access
			 to areas with limited accessibility, provide or promote recreational boating
			 opportunities to communities with limited access, or promote boating safety
			 through education. The Board will also prioritize projects that provide free
			 services to the general public and those that disperse use.
(3) Projects that include both access and
			 educational components will be given the highest priority.
Statutory/Other Authority: ORS 830.618
Statutes/Other Implemented: ORS
				  830.621
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 14 - MARINE FACILITY PROGRAM RULES › Section 250-014-0505 - Waterway Access Grant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the development of access facilities,
			 all public bodies, federal agencies, and federally recognized Oregon Indian
			 tribes are eligible to apply for funds.
(a)
			 Private entities are not eligible to receive funds for access facility
			 development.
(b) Eligible projects
			 must provide access to the general public for the purpose of recreational
			 boating.
(c) Aquatic invasive
			 species spread prevention projects, environmental restoration and mitigation
			 projects, and law enforcement facility development projects will not be
			 considered.
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 14 - MARINE FACILITY PROGRAM RULES › Section 250-014-0510 - Waterway Access Grant Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Board shall review applications and
			 determine awards. The Director may approve cost overruns up to but not to
			 exceed $10,000.
(2) Specific grant
			 application scoring criteria shall be prescribed in the Grant Procedure
			 Guide.
(3) Public comment on
			 received grant applications shall be solicited for a minimum of 14
			 days.
(4) Successful grant
			 applicants must provide some form of matching contribution, which may include
			 but is not limited to cash, in-kind labor, and other in-kind resources.
			 Eligible matching contributions are listed in the Grant Procedure Guide and
			 proposed matching contributions will be considered during the application
			 review process.
(5) Prior to the
			 disbursement of funds, successful applicants must enter into a signed agreement
			 with the State Marine Board.
(6)
			 Funds are awarded through reimbursement only. Funds will not be provided in
			 advance of project expenditures.
(7) The Board may revoke grant awards if
			 agreements are not signed by both parties within 90 days.
(8) Projects must be completed within the
			 same biennium as the date of grant approval.
(9) Record of State's property interest shall
			 be a requirement in all agreements involving the acquisition of real
			 estate.
(10) For the duration of a
			 Waterway Access Grant agreement, conversion of a project to an ineligible use
			 is prohibited and shall void the agreement and result in the repayment of
			 awarded funds by the recipient.
(11) Recognition of receipt of Marine Board
			 funds must be displayed on lands and products purchased or developed using
			 Waterway Access Grants. Acceptable recognition may include access area signs
			 and decals on purchased watercraft or other equipment.
Statutory/Other Authority: ORS
				  830.618
Statutes/Other Implemented: ORS
				  830.621
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 14 - MARINE FACILITY PROGRAM RULES › Section 250-014-0550 - Small Grant Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 purpose of the Small Grant Program is to provide a streamlined process to
			 assist applicants with minor or emergency repairs at public boating access
			 sites, nonmotorized boating safety education, and promotion of waterway access
			 to underserved communities.
(2)
			 Priority will be given to projects that keep boating access sites open, in
			 usable condition and improves accessibility for recreational boaters, promotes
			 boating opportunities to communities with limited access or provide free
			 services to the general public.
Statutory/Other Authority: ORS
				  830.150
Statutes/Other Implemented: ORS
				  830.150
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 14 - MARINE FACILITY PROGRAM RULES › Section 250-014-0555 - Small Grant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Public bodies, federal agencies, and federally recognized Oregon Indian tribes
			 are eligible to apply for funds for minor repairs of boating access sites or
			 technical reports necessary for future access site renovation or
			 development.
(2) Public bodies,
			 federal agencies, federally recognized Oregon Indian tribes, and private
			 entities are eligible to apply for funds for nonmotorized boating safety
			 education and to allow for and promote waterway access to underserved
			 communities.Eligible private entities may include but are not limited to
			 utilities, irrigation districts, limited liability companies, corporations,
			 non-profit organizations, and nongovernmental organizations.
(3) Small grant funds shall not be used for
			 routine maintenance of a site, aquatic invasive species spread prevention
			 projects, environmental restoration or mitigation projects, development of law
			 enforcement facilities, perpetual support of an ongoing outreach program, or
			 for work completed prior to grant approval.
(4) Small Grant funds shall not be used to
			 pay for a fragment of a larger project so as to stay below the maximum Small
			 Grant funding threshold.
Statutory/Other Authority: ORS
				  830.150,
				  ORS
				  830.618  & ORS
				  830.621
Statutes/Other Implemented: ORS
				  830.150
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 14 - MARINE FACILITY PROGRAM RULES › Section 250-014-0560 - Small Grant Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Director may be authorized each biennium to approve Small Grants up to
			 $30,000, with a total project cost not to exceed $50,000.
(2) Applications are accepted on the first
			 day of the biennium until 45 days prior to the close of the biennium.
(3) Public comment on applications for
			 boating safety education and to allow for and promote waterway access to
			 underserved communities shall be solicited for a minimum of 14 days.
(4) Successful grant applicants must provide
			 a minimum of 25 percent matching contribution, which may include but is not
			 limited to cash, in-kind labor and other in-kind resources. Eligible matching
			 contributions are listed in the Grant Procedure Guide and proposed matching
			 contributions will be considered during the application review
			 process.
(5) Prior to the
			 disbursement of funds, successful applicants must enter into a signed agreement
			 with the State Marine Board.
(6)
			 Funds are awarded through reimbursement only. Funds will not be provided in
			 advance of project expenditures.
(7) The Director may revoke grant awards if
			 agreements are not signed by both parties within 90 days.
(8) Projects must be completed within the
			 same biennium as the date of grant approval.
(9) For the duration of a Small Grant
			 agreement, conversion of a project to an ineligible use is prohibited and shall
			 void the agreement and result in repayment of awarded funds by the
			 recipient.
(10) Recognition of
			 receipt of Marine Board funds must be displayed on lands and products purchased
			 or developed using Small Grants. Acceptable recognition is listed in the Grant
			 Procedure Guide.
Statutory/Other Authority: ORS
				  830.150,
				  ORS
				  830.618  & ORS
				  830.621
Statutes/Other Implemented: ORS
				  830.150
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 15 - OCEAN CHARTER VESSELS › Section 250-015-0001 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in this Division:
(1) "Approved" means those items accepted and
			 formally approved for use by the U.S. Coast Guard.
(2) "Open Boat(s)" means motorboats with
			 engine and fuel tank compartments and other spaces so constructed as to be open
			 to the atmosphere thereby preventing entrapment of flammable gases.
(3) "Passenger Vessel" has the meaning
			 prescribed in Title 46.70.10-1 of the Code of Federal Regulations (CFR),
			 effective January 1, 2014.
(4)
			 "Small Passenger Vessel" has the meaning prescribed in Title 46.170.055(y) of
			 the Code of Federal Regulations (CFR), effective January 1, 2014.
Statutory/Other Authority: ORS
				  830.110
Statutes/Other Implemented: ORS
				  830.430  - 830.460
Oregon Administrative Rules › Chapter 250 - OREGON STATE MARINE BOARD › Division 15 - OCEAN CHARTER VESSELS › Section 250-015-0002 - Applicability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This division
			 is applicable to all charter boats, carrying passengers for hire, on waters of
			 this state.
(2) The rules in this
			 Division are in addition to and not in lieu of any other applicable federal
			 laws or regulations.
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 250-015-0004 - Optional Charter Licensing for Uninspected Passenger Vessels

Current through Register Vol. 63, No. 7, July 1, 2024
A boat carrying fewer than seven passengers for hire for
				angling, sightseeing, or other recreational purposes may be issued a charter
				boat license if the boat owner completes the charter boat application process
				and satisfies requirements for charter boats operating on sole state waters
				laid out in 250-015-0035(5).
Statutory/Other Authority: ORS
				  830.430
Statutes/Other Implemented: ORS
				  830.430