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Oregon Bulletin

February 1, 2014

Oregon State Marine Board, Chapter 250

Rule Caption: Repeal Division 19: Procedures for Adopting, Amending and Repealing Local and Special Rules

Adm. Order No.: OSMB 1-2014

Filed with Sec. of State: 1-15-2014

Certified to be Effective: 1-15-14

Notice Publication Date: 12-1-2013

Rules Repealed: 250-019-0010, 250-019-0020, 250-019-0030, 250-019-0040, 250-019-0050, 250-019-0060, 250-019-0070, 250-019-0080

Subject: The agency repealed Division 019. Definitions and procedures previously outlined in Division 019 were amended and included, as necessary, within Division 001.

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


Rule Caption: Amend petition request procedure, consolidate definitions, define scope and authority, reference Attorney General’s Model Rules

Adm. Order No.: OSMB 2-2014

Filed with Sec. of State: 1-15-2014

Certified to be Effective: 1-15-14

Notice Publication Date:

Rules Adopted: 250-001-0040, 250-001-0050, 250-001-0060

Rules Amended: 250-001-0000, 250-001-0005

Subject: The agency adopted and amended rules in Division 001 to establish a procedure for submitting and accepting public petitions to modify or request boating regulations, identify authority, consolidate terms and definitions, and streamlined its rulemaking notification procedure.

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

250-001-0000

Notice of Proposed Rule

Prior to adopting, amending, or repealing a permanent rule, the State Marine Board will give notice of the intended action:

(1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days prior to the effective date of the rule.

(2) By mailing or emailing notice to persons on the State Marine Board’s interested parties list established pursuant to ORS 183.335(8) at least 28 days before the effective date of the rule.

(3) By emailing a copy of the notice to the legislators as specified in ORS 183.335(15) at least 49 days before the effective date of the rule.

(4) By sending notice to the following persons and organizations:

(a) State and federal agencies, if affected;

(b) Port and park and recreation districts in the area affected; and

(c) City and county officials in the area affected.

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 183.335

Hist.: MB 72, f. & ef. 11-4-75; MB 2-1985, f. & ef. 1-29-85; MB 7-1994, f. & cert. ef. 6-1-94; OSMB 2-2014, f. & cert. ef. 1-15-14

250-001-0005

Model Rules of Practice and Procedure

The 2012 edition of the Oregon Attorney General’s Model Rules and Uniform Rules of Procedure are by this reference adopted as the rules of practice and procedure of the Marine Board.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or the Marine Board.]

Stat. Auth.: ORS 830

Stats. Implemented: ORS 183.341

Hist.: MB 68, f. 5-19-75, ef. 6-11-75; MB 78, f. & ef. 8-27-76; MB 3-1978, f. & ef. 4-5-78; MB 1-1982, f. & ef. 3-1-82; MB 4-1984, f. & ef. 1-19-84; MB 4-1986, f. 4-15-86, ef. 4-18-86; OSMB 2-2014, f. & cert. ef. 1-15-14

250-001-0040

Petition to Promulgate, Amend, or Repeal Rule: Contents of Petition, Filing of Petition

The filing of petitions for rulemaking action by the Board shall be in accordance with the Attorney General’s Uniform Rule of Procedure set forth in OAR 137-001-0070.

Stat. Auth.: ORS 830

Stats. Implemented: ORS 183.390

Hist.: OSMB 2-2014, f. & cert. ef. 1-15-14

250-001-0050

Policy

(1) It is the policy of the State Marine Board to promote multiple use and enjoyment of waters of the state for a variety of boating activities. The Board recognizes and will uphold to the extent practicable the universal right of the public to navigate and use the waters of the state for boating.

(2) The Board is authorized to regulate through administrative rules boating in specific locations or on specific waterways in the interest of protecting public safety, property, water quality, fish and wildlife resources or for the purpose of reducing excessive congestion and conflict between users, and promoting uniformity of laws pertaining to such use.

(3) The Board will seek to resolve problems arising from or between boating activities on a waterway by using a variety of management measures including education, information, signing, voluntary restrictions or increased law enforcement of existing laws before acting to restrict public use and enjoyment of boats.

(4) It is the policy of the Board to exercise its regulatory authority based upon sufficient information, public testimony or evidence that establishes a demonstrated need to enact administrative rules.

(5) The Board will seek the concurrence and recommendations of affected local jurisdictions and authorities before adopting regulations for local waterways.

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.175

Hist.: OSMB 2-2014, f. & cert. ef. 1-15-14

250-001-0060

Scope of Rules

(1) The Board may regulate watercraft on all waters of this state. The Board’s primary interest lies in waterways where public access for boating is provided, available, allowed, or reasonably accomplishable and is commonly or frequently used by the general boating public.

(2) The Board will not normally regulate waters of this state which are surrounded exclusively by privately owned lands, are sufficiently small so as to preclude access or severely limit public boating use, or are inaccessible to the general boating public by ordinary and usual means.

(3) Restrictions on boats and boat operations adopted by the Board in compliance with statutory authorization shall apply to all watercraft including boats used for commercial activities, excluding:

(a) Watercraft used for the law enforcement activities of authorized public safety agencies;

(b) Search and rescue activities conducted by or under the direction of these agencies; and

(c) Watercraft used for administrative or management functions performed by public agencies with jurisdiction over the subject waters or adjacent lands.

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.175

Hist.: OSMB 2-2014, f. & cert. ef. 1-15-14


Rule Caption: Move the western deadline of the wake-enhancing device exclusion zone on the Willamette River.

Adm. Order No.: OSMB 3-2014

Filed with Sec. of State: 1-15-2014

Certified to be Effective: 1-15-14

Notice Publication Date: 9-1-2013

Rules Amended: 250-020-0032, 250-020-0385

Subject: The agency modified the rule to shorten the wake enhancing device exclusion zone area by moving the deadline from the Hwy. 219 Bridge to RM 47. This rule is effective May 1, 2014 and will sunset October 31, 2014

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

250-020-0032

Boat Operations on the Willamette River in Clackamas County

(1) No person shall operate a motorboat in excess of 10 MPH in the following areas:

(a) Between the southern shore of Hog Island and the mainland;

(b) Within 100 feet of the west shore, between RM 30.0 and 30.5.

(2) No person shall operate a boat:

(a) Downstream from Oregon City Falls in an area from the base of the falls to a line across the river between the northeast corner of the Crown Zellerbach’s Mill A Grinder Room on the west bank of the river to the southwest corner of Publisher’s Paper Company Power Plant on the east bank of the river as marked;

(b) In the area commonly known as the “cul-de-sac” or the Simpson Paper Company tailrace; beginning at the mouth of the tailrace on the south bank then extending across the tailrace following the line established by the bridge across the tailrace to the north bank, then in a westerly, southerly, and easterly direction around the bank of the tailrace to the place of beginning.

(c) Exceptions:

(A) Boats of any federal, state, county, or local governmental agency and Portland General Electric Sullivan Plant and Crown Zellerbach Corporation Mill maintenance crews may operate in the closed area when on official business;

(B) Boats used in taking lamprey under a permit issued by the State Department of Fish and Wildlife may operate in the closed area subject to the conditions specified in the permit.

(3) No person shall operate a boat at a speed in excess of a “Slow — No Wake” maximum 5 MPH speed on the following waters:

(a) Cedar Island lagoon;

(b) From the north point of the eastern spit of Cedar Island 100 yards due north and thence due west to the shore line;

(c) Within 200 feet of a designated public launching ramp and/or marked swimming area;

(d) Within 200 feet of shore adjacent to George Rogers Park (Lake Oswego), from the southern bank of Sucker Creek north along the west bank of the Willamette, to a point 200 yards north of the boat ramp, as posted;

(e) From the I-5 Boones Bridge west approximately 1,700 feet to the Railroad Bridge.

(4) No person shall operate a personal watercraft in continuous operation on the Willamette River between Hog Island and the Union Pacific Railroad Bridge during the period from May 1 through September 30, except to transit through this zone.

(5) On the Willamette River from the Hwy 219 Bridge at RM 48.5 to the upper end of Willow Island at RM 31.5, the following rules apply:

(a) No person shall operate a motorboat at a speed in excess of a “Slow — No Wake” maximum 5 mph speed within 100 feet of private docks, boathouses or moorages legally permitted by the Oregon Department of State Lands.

(b) No person shall use wake-enhancing devices, including ballast tanks, wedges or hydrofoils or other mechanical devices, or un-even loading of persons or gear, to artificially operate bow-high.

(c) Effective 12:01 am, May 1, 2014 and ending October 31, 2014, 11:59 pm, the use of wake-enhancing devices from the Hwy 219 Bridge at RM 48.5 to RM 47 are allowed.

Stat. Auth.: ORS 830

Stats. Implemented: ORS 830.110 & 830.175

Hist.: MB 26, f. 7-20-64; MB 80, f. & ef. 4-19-77; MB 83, f. & ef. 4-22-77; Renumbered from 250-020-0142; MB 9-1982, f. 10-13-82, ef. 10-15-82; MB 6-1986, f. & ef. 5-23-86; MB 1-1987, f. & ef. 2-4-87; MB 13-1987, f. & ef. 6-15-87; MB 3-1996, f. & cert. ef. 2-22-96; OSMB 5-2000, f. & cert. ef. 10-30-00; OSMB 5-2007(Temp), f. & cert. ef. 6-18-07 thru 12-13-07; Administrative correction 12-20-07; OSMB 5-2008, f. & cert. ef. 7-11-08; OSMB 9-2008, f. 10-22-08, cert. ef. 1-1-09; OSMB 3-2014, f. & cert. ef. 1-15-14

250-020-0385

Boat Operations in Yamhill and Marion Counties

(1) No person shall operate a motorboat in excess of 5 MPH during July and August between river miles 44.5 and 45.0, as marked during the hours of 7–10 p.m. Thursdays through Sundays, during evenings on which the historic Champoeg Pageant is performed.

(2) On the Willamette River from the Hwy 219 Bridge at RM 48.5 to the upper end of Willow Island at RM 31.5, the following rules apply:

(a) No person shall operate a motorboat at a speed in excess of a “Slow-No-Wake” maximum 5 mph speed within 100 feet of private docks, boathouses or moorages legally permitted by the Oregon Department of State Lands.

(b) No person shall use wake-enhancing devices, including ballast tanks, wedges or hydrofoils or other mechanical devices, or un-even loading of persons or gear, to artificially operate bow-high.

(c) Effective 12:01 am, May 1, 2014 and ending October 31, 2014, 11:59 pm, the use of wake-enhancing devices from the Hwy 219 Bridge at RM 48.5 to RM 47 are allowed.

Stat. Auth.: ORS 830

Stats. Implemented: ORS 830.110 & 830.175

Hist.: MB 9-1987, f. 4-20-87, ef. 5-1-87; OSMB 9-2008, f. 10-22-08, cert. ef. 1-1-09; OSMB 3-2014, f. & cert. ef. 1-15-14


Rule Caption: Amend Guide Advisory Committee membership rules and maintain Columbia River reciprocity

Adm. Order No.: OSMB 4-2014

Filed with Sec. of State: 1-15-2014

Certified to be Effective: 1-15-14

Notice Publication Date: 12-1-2013

Rules Adopted: 250-016-0090

Rules Amended: 250-016-0080

Subject: This rule established a new process of Guide Advisory Committee membership appointment and maintained reciprocal operations on the Columbia River with the state of Washington in compliance with 2013 Oregon Legislative action, HB 2039.

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

250-016-0080

Reciprocity Provisions for Outfitters and Guides on the lower Columbia River downstream of the bridge at Longview — Rainier

(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

Hist.: OSMB 15-2011, f. & cert. ef. 11-1-11; OSMB 4-2014, f. & cert. ef. 1-15-14

250-016-0090

Guide Advisory Committee; Charter Representation

(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.

(4) Members shall represent outfitters and guides but do not need to be a currently licensed outfitter and guide.

(5) GAC members shall serve no more than two consecutive four-year terms.

(6) Vacancies shall be filled through a process described by a GAC charter agreement and will include a process to limit annual turnover to less than half the GAC.

(7) One of the three public members selected by the Board for the GAC may represent charter boats as defined in ORS 830.430.

(8) The GAC will be chaired by a non-voting employee of the Oregon State Marine Board.

(9) The GAC will have no fewer than two meetings annually; timing will be determined through GAC charter agreement.

Stat. Auth.: ORS 830.110, 830.435, 830.430 & 830.440

Stats. Implemented: ORS 704.525

Hist.: OSMB 4-2014, f. & cert. ef. 1-15-14


Rule Caption: Amend Ocean Charter Vessel License requirements, update definitions and eliminate duplicity with statutory language.

Adm. Order No.: OSMB 5-2014

Filed with Sec. of State: 1-15-2014

Certified to be Effective: 1-15-14

Notice Publication Date: 12-1-2013

Rules Adopted: 250-015-0035

Rules Amended: 250-015-0001, 250-015-0002, 250-015-0005, 250-015-0006, 250-015-0008, 250-015-0010, 250-015-0022, 250-015-0026

Rules Repealed: 250-015-0011, 250-015-0015, 250-015-0016, 250-015-0017, 250-015-0019, 250-015-0020, 250-015-0021, 250-015-0023, 250-015-0024, 250-015-0025, 250-015-0027, 250-015-0028, 250-015-0029, 250-015-0031, 250-015-0032, 250-015-0033

Subject: The rule amendments updated definitions, eliminated statutory language duplicity, removed state-specific carriage requirements and established consistency with US Coast Guard license requirements in compliance with the 2013 Oregon Legislative action, Senate Bill 25

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

250-015-0001

Definitions

As used in this Division:

(1) “Approved” means those items accepted and formally approved for use by the U.S. Coast Guard.

(2) “Inland Charter Boat” means a vessel used in the business of carrying passengers for hire for angling, sightseeing or other recreational purposes solely on state waters.

(3) “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.

(4) “Passenger Vessel” has the meaning prescribed in Title 46.70.10-1 of the Code of Federal Regulations (CFR), effective January 1, 2014.

(5) “Small Passenger Vessel” has the meaning prescribed in Title 46.170.055(y) of the Code of Federal Regulations (CFR), effective January 1, 2014.

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.430 - 830.460

Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90; OSMB 4-2008(Temp), f. & cert. ef. 5-7-08 thru 10-31-08; Administrative correction 11-18-08; OSMB 5-2014, f. & cert. ef. 1-15-14

250-015-0002

Applicability

(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

Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90; OSMB 5-2014, f. & cert. ef. 1-15-14

250-015-0005

License Application and Fees

(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.

(4) The charter boat operator must be in possession of a valid USCG Operators License appropriate for the area of operation.

(5) Upon approval of the application a charter boat license, decal and validation sticker shall be provided to the applicant:

(a) The Oregon charter boat license issued shall identify the applicant, the boat, whether or not the boat operates within 20 or less miles from shore, the license expiration and such other items as deemed appropriate by the Board. It shall be carried on board and made available upon demand of a peace officer;

(b) The charter boat decals shall be of such size and color as designated by the Board and shall be displayed in any visually unobstructed location on the boat’s port and starboard cabin sides or windows, or in the case of an open boat, at or near the operator’s position, port and starboard, in as highly visible a location as possible. The validation sticker shall be affixed to this decal in the space provided.

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.430 - 830.460

Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90; OSMB 5-2014, f. & cert. ef. 1-15-14

250-015-0006

Reciprocity Provisions for Charter Boats on the Columbia River

(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

Hist.: OSMB 3-2007, f. & cert. ef. 3-21-07; OSMB 5-2014, f. & cert. ef. 1-15-14

250-015-0008

License Transfer, Cancellation or Suspension

(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.

(3) It shall be the responsibility of the former owner to remove or have removed the assigned charter boat license decals and validation stickers when the license is not transferred with the boat.

(4) Upon determination of the license disposition a new or replacement license will be issued to the appropriate licensee.

(5) A charter boat license may be suspended when a licensee fails to maintain, in full force and effect, the required liability insurance.

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.430 - 830.460

Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90; OSMB 5-2014, f. & cert. ef. 1-15-14

250-015-0010

Equipment Requirements

(1) The following Titles and Parts of the Code of Federal Regulations (CFR), that are in effect on January 1, 2014, are by this reference hereby adopted and made part of this rule Title 46 CFR Parts 15.401; Title 46 CFR Parts 25.25-1, 25.25 -5, 25.30-10(d), 25.30-20(a), 25.35-1 & 25.40; Title 46 CFR Part 26.20-1Title 46 CFR Part 130.330; Title 46 CFR Part 160.054-4; Title 46 CFR Parts 180.15, 180.64 & 180.70; Title 46 CFR Parts 182.520, [182.520(a) & 180] 182.530; Title 46 CFR Parts 184.300, 184.402, 184.404 & 184.410; Title 47 CFR Parts 80.905(a)(1) & (2), 80.933(b) & 80.1051.

(2) Specific safety equipment requirements are dependent upon a vessel’s operational distance from shore. All required equipment shall be in proper working order. The Code of Federal Regulations is available online.

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.430 - 830.460

Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90; OSMB 3-2005, f. & cert, ef, 1-24-05; OSMB 5-2014, f. & cert. ef. 1-15-14

250-015-0022

Navigation Equipment

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

Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90; MB 5-1994, f. & cert. ef. 4-28-94; OSMB 5-2014, f. & cert. ef. 1-15-14

250-015-0026

Light/Smoke Flares

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

Hist.: OSMB 3-2005, f. & cert, ef, 1-24-05; OSMB 5-2014, f. & cert. ef. 1-15-14

250-015-0035

Charter Boats Operating on Sole State Waters

(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 an Inland 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.

(2) An Inland Charter License will not be issued until the following documents, in addition to the charter boat application documents, have been provided and approved by the Marine Board:

(a) A Marine Survey conducted by a person certified by the National Association of Marine Surveyors (NAMS) or accredited by the Society of Marine Surveyors (SAMS).

(A) The Marine Survey must be complete as per NAMS or SAMS professional standards.

(B) Marine Survey will be completed out of water except by special exemption of the Board and must include a sea trial.

(C) All issues, problems, concerns or recommendations noted in the Marine Survey must be addressed to the satisfaction of the Surveyor before the Marine Board can approve the Marine Survey.

(D) Marine Survey report shall include internal and external pictures of the vessel, its machinery and furnishings.

(b) A stability test and capacity designation signed by a certified Naval Architect who is a registered professional engineer, except as provided in paragraphs (2)(b)(A) and (2)(b)(B) of this section.

(A) The stability test may be dispensed with, or a deadweight survey may be substituted for the stability test, if the Marine Board has a record of, or is provided with, the approved results of a stability test of a sister vessel.

(B) The stability test of a vessel may be dispensed with if the Marine Surveyor determines that an accurate estimate of the vessel’s lightweight characteristics can be made and that locating the precise position of the vessel’s vertical center of gravity is not necessary to ensure that the vessel has adequate stability in all probable loading conditions.

(3) The Marine Survey for an Inland Charter License must be successfully completed every three years before a new charter license will be issued.

(4) A dock-side inspection will be conducted annually by a Marine Board designated law enforcement officer to ensure the vessel complies with life jacket, sound-making device, fire extinguisher and vessel lighting requirements.

(5) Before getting underway on a voyage or as soon as practicable thereafter, the operator of an Inland Charter shall ensure that suitable public announcements are made informing all passengers of the following:

(a) The location of emergency exits, survival craft embarkation areas, and ring life buoys;

(b) The stowage location(s) of life jackets;

(c) The proper method of donning and adjusting life jackets of the type(s) carried on the vessel including a demonstration of the proper donning of a life jacket;

(d) The location of the instruction placards for life jackets and other lifesaving devices; and

(e) That all passengers will be required to don life jackets when possible hazardous conditions exist as directed by the operator.

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.430 - 830.460

Hist.: OSMB 5-2014, f. & cert. ef. 1-15-14

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, 2013.

2.) Copyright 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

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