Oregon Bulletin
February 1, 2011
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.
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