Loading

Oregon Bulletin

February 1, 2011

 

Oregon State Marine Board
Chapter 250

Rule Caption: Removal of references to Gold Rey and Savage dams on the Rogue River.

Adm. Order No.: OSMB 1-2011(Temp)

Filed with Sec. of State: 1-3-2011

Certified to be Effective: 1-3-11 thru 6-30-11

Notice Publication Date:

Rules Amended: 250-020-0151, 250-021-0040

Subject: This rule action will temporarily remove the language to reflect the removal of Gold Rey and Savage Rapid dams on the Rogue River.

Rules Coordinator: June LeTarte—(503) 378-2617

250-020-0151

Boat Operations in Jackson County

(1) No person shall operate a motorboat, except those propelled by electric motors on Agate Reservoir.

(2) No person shall operate a motorboat in excess of 10 MPH on:

(a) Applegate Reservoir;

(b) Fish Lake;

(c) Hyatt Lake;

(d) Willow Lake — Southern portion as denoted by the Uniform Waterway Marker buoys.

(3) The following areas are “designated moorage areas”:

(a) Willow Lake — Southwest Cove;

(b) Howard Prairie Lake — Howard Prairie Resort Marina and Klum Landing;

(c) Emigrant Lake — Spillway Cove area at the northwest corner of the lake.

(4) No person shall operate a motorboat in excess of “Slow–No Wake” speed in the moorage areas designated in section (3) of this rule. (For the purposes of this rule “Slow–No Wake” speed means the speed of the boat shall not exceed 5 MPH.)

(5) No person shall moor a boat outside the designated moorage areas set forth in section (3) of this rule for more than 48 hours without obtaining a permit from the Jackson County Parks Department.

(6) Lost Creek Lake:

(a) No person shall operate a motorboat between the breakwaters designating the Steward State Park swimming area;

(b) No person shall operate a motorboat in excess of a 5 MPH, “Slow–No Wake” speed:

(A) In the Lost Creek Arm upstream of the “narrows” as marked;

(B) Within the cove area of the Takelma Park Boat Ramp from the intake tower to shore as marked;

(C) Upstream of the Peyton Bridge.

(7) Emigrant Lake:

(a) No person shall operate a boat in excess of a “Slow–No Wake,” Maximum 5 MPH speed in the Hill Creek Arm upstream of a line beginning at a point on the west shore of the Arm that is approximately 1000’ southeast from the area of the point known as the Quarry and extending northeast across the arm to the nearest point of land on the east shore of the arm, as marked;

(b) No person shall operate a boat in excess of a “Slow–No Wake,” Maximum 5 MPH speed in the Emigrant Creek Arm upstream of a line extending north and south across the arm that approximately coincides with the meridian of longitude equal to 122¼ 37’ 34” North, as marked.

Stat Auth.: ORS 830.110 & 830.175

Stats. Implemented: ORS 830.110 & 830.175

Hist.: MB 30, f. 6-17-66; MB 39, f. 4-5-68; MB 84(Temp), f. & ef. 5-20-77; MB 86, f. & ef. 7-20-77; MB 87, f. & ef. 9-16-77; MB 5-1978, f. & ef. 6-15-78; Renumbered from 250-020-0175; MB 1-1980, f. 4-1-80, ef. 5-1-80; MB 2-1981, f. & ef. 3-3-81; MB 6-1984, f. 2-14-84, ef. 2-15-84; MB 2-1990, f. & cert. ef. 2-22-90; OSMB 5-1999, f. & cert. ef. 7-1-99; OSMB 7-2002, f. & cert. ef. 10-15-02; OSMB 11-2010(Temp), f. 5-28-10, cert. ef. 6-15-10 thru 10-15-10; Administrative correction 10-26-10; OSMB 1-2011(Temp), f. & cert. ef. 1-3-11 thru 6-30-11

250-021-0040

Special Local Restrictions — Applicability

The following rules for personal watercraft are in addition to the local operating rules found in OAR chapter 250, division 20:

(1) No person shall operate a personal watercraft on the following rivers, or sections of rivers, that flow to the Pacific Ocean, with the exception of the Columbia River which is open. This restriction does not apply to reservoir impoundments on these rivers, unless otherwise noted:

(a) Chetco, above the head of tide;

(b) Rogue, closed between mouth of Snout Creek and the Applegate River. Closed above what was formally the location of Gold Rey Dam. All other areas open;

(c) Pistol, Sixes, Elk Rivers (use OAR 250-020-0082);

(d) Coos, above its confluence with the Millicoma River;

(e) Coquille, above the Highway 42S bridge in the City of Coquille;

(f) East and West Fork Millicoma (use OAR 250-020-0064);

(g) Umpqua, above Scottsburg Park, with exception of impoundments;

(h) Siuslaw, above Highway 126 bridge at Mapleton;

(i) Alsea, Salmon, Siletz Rivers (use OAR 2500-20-0231);

(j) Kilchis, Miami, Wilson, Tillamook, Trask (use OAR 250-020-0308);

(k) Nehalem (use OAR 250-020-0300);

(l) Necanicum (use OAR 250-020-0043);

(m) Yaquina River upstream of the Toledo Airport boat ramp at RM 9.5.

(2) No person shall operate a personal watercraft on the Willamette River above the Beltline Road overpass at RM 178. This does not apply to reservoir impoundments.

(3) No person shall operate a personal watercraft on the McKenzie River system. This does not apply to reservoir impoundments.

(4) No person shall operate a personal watercraft on any tributary stream or river entering the Willamette River.

EXCEPTION: Personal watercraft can use the Clackamas River downstream from Clackamette Lake (RM 0.7) to the Willamette. Clackamette Lake is open to personal watercraft.

(5) No person shall operate a personal watercraft on the Deschutes River above Heritage Landing boat ramp (RM 0.5).

(6) No person shall operate a personal watercraft on the John Day River (Sherman/Gilliam County) above Tumwater Falls (RM 10).

(7) No person shall operate a personal watercraft on the Snake River from the Washington border south to Hells Canyon Dam. Oxbow and Brown-lee Reservoirs are open. The Snake River above Brownlee Reservoir is open to personal watercraft.

(8) All other rivers of this state are closed to personal watercraft.

(9) Lakes and reservoirs are open to personal watercraft subject to local operating rules found in OAR chapter 250, division 20.

Stat. Auth.: ORS 830.110, 830.175 & 830.195

Stats. Implemented: ORS 830.110, 830.175 & 830.195

Hist.: MB 3-1990, f. 5-18-90, cert. ef. 6-1-90; MB 9-1990, f. & cert. ef. 11-16-90; MB 6-1992, f. & cert. ef. 4-30-92; OSMB 1-2011(Temp), f. & cert. ef. 1-3-11 thru 6-30-11

 

Rule Caption: Removal of specific model names to identify the breath testing devices utilized.

Adm. Order No.: OSMB 2-2011

Filed with Sec. of State: 1-14-2011

Certified to be Effective: 2-1-11

Notice Publication Date: 12-1-2010

Rules Amended: 250-010-0430, 250-010-0450

Subject: Amend rules to remove specific model names to identify the breath testing devices utilized.

Rules Coordinator: June LeTarte—(503) 378-2617

250-010-0430

Chemical Analyses

(1) In accordance with ORS 830.535 the chemical analyses of a person’s blood shall be performed according to approved methods as contained in OAR chapter 333, division 13 of the Health Division, Department of Human Resources.

(2) The chemical analysis of a person’s breath shall be performed by an individual possessing a valid permit to perform such analyses issued by the Department of State Police under ORS 813.160 as contained in OAR chapter 257, division 30 or as approved by the Board in OAR 250-010-0440.

(3) The chemical analysis of a person’s breath for alcohol can be performed using breath testing equipment as approved under OAR 257-030-0040

Stat. Auth.: ORS 830.110 & 830.505 - 830.550

Stats. Implemented: ORS 830.535

Hist.: MB 2-1992, f. & cert. ef. 3-13-92; OSMB 3-2001, f.& cert. ef. 3-29-01; OSMB 2-2011, f. 1-14-11, cert. ef. 2-1-11

250-010-0450

Training for Operators of Breath Test Equipment

(1) Upon request of the administrative head of a city, port or county law enforcement unit, as defined in ORS 181.610, the Oregon State Police, or the Board will provide training in the operation of approved breath test equipment for individuals qualified under OAR 250-010-0440.

(2) The Oregon State Police or the Board will provide a course of instruction covering the chemical analysis of a person’s breath to determine the alcohol content thereof, which instruction shall include, but not be limited to:

(a) Approved methods and techniques of chemical analyses;

(b) Use of approved equipment;

(c) Interpretation of test results.

(3) Upon completion of the course of instruction, a written examination will be given and a passing grade of 80 percent or above will be required.

(4) Upon receipt of a passing grade, a permit shall be issued by the Oregon State Police or the Board to the officer stating the methods and equipment the officer is qualified to use.

Stat. Auth.: ORS 830.110 & 830.505 - 830.550

Stats. Implemented: ORS 830.535

Hist.: MB 2-1992, f. & cert. ef. 3-13-92; MB 4-1995, f. & cert. ef. 7-14-95; OSMB 3-2001, f. & cert. ef. 3-29-01; OSMB 2-2011, f. 1-14-11, cert. ef. 2-1-11

 

Rule Caption: Changes to the Aquatic Invasive Species program.

Adm. Order No.: OSMB 3-2011

Filed with Sec. of State: 1-14-2011

Certified to be Effective: 2-1-11

Notice Publication Date: 12-1-2010

Rules Amended: 250-010-0650

Subject: Changes to the Aquatic Invasive Species program rule includes the sale of an annual or biennial tyvek tag and sticker as replacement to the paper permit issued. In addition, the agency will allow federally owned vessels exempt from the permit requirements. Boars registered in Washington or Idaho are exempt from the non-resident AIS permit. Housekeeping and technical corrections to the regulation.

Rules Coordinator: June LeTarte—(503) 378-2617

250-010-0650

Aquatic Invasive Species Prevention Permit

(1) Definitions:

(a) “Manually powered boat” means any watercraft as defined in ORS 830.005(2), but not a motorboat as defined in 830.005(6).

(b) “Aquatic Invasive Species Prevention Permit” is an authorization issued by the Oregon State Marine Board (Board) or through designated agents that certifies payment to the Aquatic Invasive Species Prevention Fund.

(c) “Board” means the Oregon State Marine Board.

(d) “Valid temporary permit” means a temporary aquatic invasive species prevention permit generated from a person purchasing a permit from a designated Internet agent.

(e) “Eleemosynary” means an organization supported by gifts or charity which is operated primarily as a part of organized activities for the purpose of teaching youth’s scout craft, camping, seamanship, self-reliance, patriotism, courage and kindred virtues.

(2) Permit Rules:

(a) A person may not operate a manually powered boat that is 10 feet or more in length, or a motorboat of any length, or a sailboat 12 feet or more in length, on the waters of this state without first obtaining an aquatic invasive species prevention permit from the Board or designated agent.

(b) The aquatic invasive species prevention permit for manually powered boats may be issued as either an annual or biennial permit to be carried or otherwise displayed on the boat. The biennial permit is valid for two calendar years and will cost double the annual permit as described in ORS 830.570 and 830.575.

(c) The owner of a boat for which fees for a certificate of number or registration under ORS 830.790(1)(a)(b)(c) are required will pay an aquatic invasive species prevention permit surcharge of $5 per biennium at the time of boat registration.

(A) The registration validation stickers are in lieu of an Aquatic Invasive Species Prevention Permit as described in (1)(c).

(B) The validation stickers are non-transferable.

(d) Persons age 14 and older operating manually powered boats that are 10 feet or more in length shall have a valid aquatic invasive species prevention permit or valid temporary permit on board when the boat is in use on the waters of this state.

(e) Out-of-state motorboats and out-of-state sailboats 12 feet in length or more shall carry a non-resident aquatic invasive species prevention permit on board when in use on waters of the state.

(A) Motor boats and sailboats 12 feet in length or more, registered in Washington or Idaho, that launch directly into waters that form a common interstate boundary, or launch in Oregon tributaries within one mile of these waters, that have a current boat registration, Coast Guard documentation, or an aquatic invasive species prevention permit issued by the States of Idaho or Washington, are exempt from the non-resident Oregon aquatic invasive species prevention permit.

(B) Manually powered boats from Idaho that are 10 feet or longer and affixed with an Idaho Aquatic Invasive Species Prevention sticker, and all manually powered boats from Washington, are exempt from Oregon aquatic invasive species permit carriage requirements when launching into waters that form a common interstate boundary, or when launching into Oregon tributaries within one mile of these waters.

(f) Non-motorized and out-of-state resident permits are transferrable. The name on the permit does not need to match the name of the person operating the boat. Persons may purchase multiple permits for use by family and friends.

(g) Operators of manually powered boat liveries, and guides using manually powered watercraft for group-guided activities, may qualify to purchase aquatic invasive species prevention permits at a discounted rate described in ORS 830.575. To qualify for the discounted rate:

(A) These operators shall register with the Board by documenting current business status as a livery.

(B) All boats rented by the livery must be clearly labeled with the livery name.

(h) Clubs or organizations that possess or own boats for communal use by members, participants, racing teams, or for public educational purposes except as exempted under this rule, may purchase aquatic invasive species prevention permits under the name of the organization or the club’s presiding officer or secretary.

(A) For racing shells, dragon boats or resident boats exempt from registration under OAR 250-010-0150(2), aquatic invasive species prevention permits numbering not less than the maximum number of boats in use on the water at any given time during a planned event may be held by the event organizer, coach or other designated person at the event site as long as the permits are readily available for inspection by a peace officer.

(B) A $5 annual or $10 biennial aquatic invasive species permit may be held as described in (2)(h)(A) for events involving motorized race boats which are owned by Oregon residents but that are otherwise exempt from registration under OAR 250-010-0150(2).

 (i) The Board or designated agent may issue a temporary aquatic invasive species prevention permit to an individual who pays for the permit using a Board designated Internet agent.

(A) The temporary aquatic invasive species prevention permit will be valid for 14 days from the date of issue listed on the temporary permit.

(B) Each temporary permit shall contain a unique number that corresponds to the electronic record for the individual named on the permit and to the annual permit.

(j) A person is considered in violation of the provisions contained this rule and subject to the penalties prescribed by law when they:

(A) Alter an aquatic invasive species prevention permit; or

(B) Produce or possess an unauthorized replica of an aquatic invasive species prevention permit; or

(C) Exhibit an altered aquatic invasive species prevention permit to a peace officer.

(k) The aquatic invasive species prevention permit expires on December 31 of the year indicated on the permit.

(l) The following vessels or classifications are exempt from the requirement to carry an aquatic invasive species prevention permit:

(A) State-owned boats

(B) County-owned boats

(C) Municipality-owned boats

(D) Eleemosynary-owned boats which a supervising adult can confirm through documentation are engaged in an organization-related activity.

(E) A ship’s lifeboat used solely for lifesaving purposes

(F) Seaplanes

(G) Federal government-owned boats

(H) Surfboards, sailboards and kite boards.

(m) Violation of the provisions contained in this rule is punishable as a Class D Violation.

Stat. Auth.: ORS 830 & HB 2220

Stats. Implemented: ORS 830.110

Hist.: OSMB 4-2009, f. 10-30-09, cert. ef. 1-1-10; OSMB 1-2010(Temp), f. & cert. ef. 1-5-10 thru 6-30-10; OSMB 6-2010(Temp), f. & cert. ef. 1-15-10 thru 6-30-10; OSMB 7-2010, f. & cert. ef. 5-6-10; OSMB 3-2011, f. 1-14-11, cert. ef. 2-1-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.

2.) Copyright 2011 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​