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Oregon Bulletin

June 1, 2011

Oregon State Marine Board
Chapter 250

Rule Caption: Eliminate reference to removed Gold Ray and Savage Rapids dams.

Adm. Order No.: OSMB 6-2011

Filed with Sec. of State: 4-25-2011

Certified to be Effective: 5-2-11

Notice Publication Date: 2-1-2011

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

Rules Repealed: 250-020-0151(T), 250-021-0040(T)

Subject: This rule action will eliminate rule language to reflect the removal of the Gold Ray and Savage Rapids 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;

(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;

(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;

(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 1000Æ 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 122º 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; OSMB 6-2011, f. 4-25-11, cert. ef. 5-2-11

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 the former location of Gold Ray Dam. All other areas open;

(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; OSMB 6-2011, f. 4-25-11, cert. ef. 5-2-11

Rule Caption: Establish a speed restriction zone on Foster Reservoir.

Adm. Order No.: OSMB 7-2011

Filed with Sec. of State: 4-25-2011

Certified to be Effective: 5-2-11

Notice Publication Date: 2-1-2011

Rules Amended: 250-020-0241

Subject: This rule action establishes a speed restriction of 5 MPH within 100 feet of the Edgewater RV Resort and Marina on Foster Lake in Linn County.

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

250-020-0241

Boat Operations on Foster Reservoir in Linn County

(1) Except on safe take-offs and landings, boats with skiers under tow must keep 200 feet or more from shore. A safe take-off or landing will not be considered “safe” unless it can be accomplished without risk to any swimmer or craft within 200 feet from shore line. If a safe landing as thus defined is not possible, skiers must be picked up by the boat before coming within 200 feet from shore line and brought to shore under the usual speed restrictions (5 MPH within 200 feet of shore). Boats towing skiers may exceed 5 MPH to the extent necessary to maintain the skier in a skiing position, within the 200 feet from shore line only when taking off or landing as outlined in this section.

(2) All take-offs and landings shall be made at a 45° angle to the shore.

(3) No boat shall follow behind a skier closer than 300 feet nor cross the towing boat’s bow less than 200 feet nor alongside a skier closer than 100 feet.

(4) All boats towing water skiers or other towed equipment shall proceed on a counter-clockwise course about the lake.

(5) No person shall operate a motorboat at speeds in excess of 5 MPH in the following areas:

(a) Within 200 feet of the shore, subject to section (1) of this rule;

(b) Upstream from the highway bridge crossing the Middle Santiam Arm;

(d) Within 200 feet of any designated swimming area;

(e) Within the posted areas surrounding the Gedney Creek and Lewis Creek Boat Landings,

(f) Within 100 feet of the Edgewater RV Resort and Marina, as marked.

(6) No person shall operate a boat in the area between the trash boom and the dam.

Stat. Auth.: ORS 830

Stats. Implemented: ORS 830.110 & 830.175

Hist.: MB 43, f. 7-18-69; Renumbered from 250-020-0181; OSMB 12-2010(Temp), f. 5-28-10, cert. ef. 6-1-10 thru 10-31-10; Administrative correction 11-23-10; OSMB 7-2011, f. 4-25-11, cert. ef. 5-2-11

Rule Caption: Establishes an in-construction no-wake and no boating zone on the Willamette River.

Adm. Order No.: OSMB 8-2011

Filed with Sec. of State: 4-25-2011

Certified to be Effective: 6-1-11

Notice Publication Date: 3-1-2011

Rules Amended: 250-020-0280

Subject: In conjunction with the Portland-Milwaukie Light Rail Project construction, this rule establishes a bank-to-bank, slow-no-wake zone for 500 feet on either side of the bridge project effective June 15, 2011 through December 31, 2012 and an exclusion zone beneath the construction area near river mile 13.8 on the Willamette River.

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

250-020-0280

Boat Operations in Multnomah County

(1) No person shall operate a boat in excess of 5 MPH:

(a) In North Portland Harbor (Oregon Slough):

(A) From the east end of North Portland Harbor (Oregon Slough) to a point 800 yards west of the Burlington Northern Railroad Bridge, as marked;

(B) Within 200 feet of a launching ramp, moorage or houseboat from the east end of North Portland Harbor (Oregon Slough) eastward along the south shore to the Lower Airport wing dike.

(b) Within 300 feet of the entrance to and in Rooster Rock boat channel;

(c) Within 200 feet of west shore, as buoyed, between the southern boundary of Willamette Park Launch Ramp and the northern boundary of the Willamette Sailing Club;

(d) Within Hayden Bay. The Bay is considered to be all waters south and west of a line 200 feet north of the Northeast point of Hayden Island and 200 feet north of the Northwest point of Tomahawk Island as marked;

(e) Within 200 feet of the Oregon Yacht Club floating home moorage as buoyed (a distance of approximately 1,5000 feet);

(f) Within 200 feet of houseboat moorages in the Government Island South Channel;

(g) No person shall operate a boat in excess of a maximum 5 MPH, “Slow — No Wake” speed on the Columbia River south of the buoys along the northern shore of Government Island in the waters adjacent to the I-205 Bridge, commonly referred to as Commodore’s Cove, as marked;

(h) Within 100 feet of the Landing Boat Club at RM 15, Willamette River.

(2) No person shall operate a recreational watercraft in excess of slow-no-wake in:

(a) The Ross Island Lagoon; and

(b) The Holgate Channel from a line extending northeast from the north side of the Ross Island Lagoon mouth to the east side of the channel, and to a line extending from the southern (upstream) tip of Ross Island due south to the Oregon Yacht Club.

(c) This restriction does not apply to commercially operated vessels including those owned or operated for sand and gravel operations, nor to safety launches while accompanying an organized rowing or paddling program, club or school.

(3) No person shall operate a boat in excess of a maximum 5 MPH, “Slow — No Wake” speed on the Columbia River within 300 feet of shore between the Big Eddy Wing dike and the wing dike east of the entrance to the Chinook Landing boat Basin and within the Chinook Landing Boat Basin, as marked.

(4) A “pass-through” zone is established in the south channel of the Columbia River, adjacent to McGuire Island between the east end of Big Eddy Marina and the west end of McGuire Point Marina as marked.

(a) No person shall operate a motorboat pulling a water skier or towed device in this zone.

(b) No person shall operate a personal watercraft, as defined in OAR 250-021-0020, in continuous operation above 5 MPH in this area, except to transit directly through this zone.

(c) No person shall operate any motorboat in excess of slow-no wake maximum 5 MPH speed within 200 feet of any houseboat moorage within the “pass-through” zone.

(5) No person shall operate a boat in excess of 3 MPH in Rooster Rock Boat Basin.

(6) The following locations are designated racing motorboat testing areas:

(a) On the Willamette River in Swan Island Lagoon. Testing is limited to the hours of 3û6 p.m. on Thursdays, Fridays, and Saturdays;

(b) On the Columbia River between the county launching ramp at 43rd Street and Buoy #18 (NOS Chart #18531). Testing is limited to the hours of 8 a.m.–12 noon, Tuesday through Friday.

(7) No person shall operate a motorboat on Benson Lake.

(8) No person shall operate a boat for any reason within any restricted area at any time without first obtaining permission from the District Engineer, Corps of Engineers, U.S. Army, or his duly authorized representative.

(9) At Bonneville Dam.

(a) The Waters restricted to only Government vessels are described as all waters of the Columbia River and Bradford Slough within 1,000 feet above and 2,000 feet below the powerhouse. The restricted areas will be designated by signs;

(b) No person shall operate a boat, including a commercial recreational tour boat subject to inspection and licensing by the U.S. Coast Guard, within the Boating Restricted Zone located below Bonneville lock and dam bounded by a line commencing from the westernmost tip of Robins Island on the Oregon side of the Columbia River and running at a South 65 degrees West direction a distance of approximately 2100 feet to a point 50 feet upstream of the Hamilton Island Boat Ramp on the Washington side of the Columbia River, as marked.

(10) No person shall operate or anchor a boat in the following described zone in Oregon Slough (North Portland Harbor):

(a) Commencing at the northwesterly corner of that tract of land described in a Bargain and Sale Deed to RHODIA, Inc., recorded as Document No. 98028586, Multnomah County Deed Records; Thence, along the northeasterly line of said tract, S 47º46’ E, 513.54 feet to the northwest corner of the Alexander Brown Donation Land Claim; Thence, along the north line of said Claim S 48º30’ E, 764.51 feet to the POINT OF BEGINNING of the SITE AREA being described herein; Thence, N 29º58’25” E, 133.84 feet; Thence, S 62º44’22” E, 461.47 feet; Thence, S 29º58’25” W, 227.76 feet to the northeasterly line of said tract; Thence, along said northeasterly line, N 61º15’ W, 60.85 feet; Thence, along said northeasterly line, N 52º30’ W, 115.5 feet; Thence, along said northeasterly line, N 48º30’ W, 291.49 feet to the POINT OF BEGINNING as marked.

(b) This area of land contains 2.0 acres (87,008 sq. Ft.), more or less.

(c) The intent of this description is to describe a line that surrounds the limits of the sediment cap location, plus a buffer zone.

(d) Bearings based on Document No. 98028586, Multnomah County Deed Records.

(11) No person shall anchor a boat at approximately River Mile 7 of the Willamette River in Multnomah County described in Department of State Lands Easement No. 31530-EA, Exhibit A — Legal Description — Permanent Easement.

(12) No person shall operate a boat in the Willamette River:

(a) Beginning June 15, 2011, in the area beneath the temporary construction bridges or lifting cranes used for construction of the Portland-Milwaukie Light Rail Bridge near river mile 13.8.

(b) In excess of 5 MPH Slow-No-Wake as marked 500 feet upriver and 500 feet downriver from the centerline of the bridge construction project from June 15, 2011 to December 31, 2012.

Stat. Auth.: ORS 830.110, 830.175 & 830.195

Stats. Implemented: ORS 830.110 & 830.175

Hist.: MB 23, f. 9-24-63; MB 26, f. 7-20-64; MB 51, f. 5-3-73, ef. 5-15-73; MB 61, f. 7-26-74, ef. 7-26-74(Temp) & 8-25-74(Perm); Renumbered from 250-020-0155; MB 10-1982, f. 10-13-82, ef. 10-15-82; MB 12-1982, f. 12-29-82, ef. 12-31-82; MB 6-1983, f. 9-28-83, ef. 10-3-83; MB 17-1984, f. & ef. 12-3-84; MB 6-1985, f. & ef. 2-5-85; MB 10-1985, f. & ef. 4-24-85; MB 15-1985, f. 10-18-85, ef. 10-21-85; MB 20-1987, f. 11-4-87, ef. 11-15-87; MB 5-1990, f. & cert. ef. 7-19-90; MB 11-1992, f. & cert. ef. 9-16-92; MB 2-1993, f. & cert. ef. 2-3-93; MB 13-1996, f. & cert. ef. 12-4-96; OSMB 7-1998(Temp), f. & cert. ef. 5-19-98 thru 11-15-98; OSMB 7-1999, f. & cert. ef. 6-18-99; OSMB 2-2005, f. & cert. ef. 1-20-05; OSMB 8-2006, f. & cert. ef. 10-12-06; OSMB 3-2009, f. 10-21-09, cert. ef. 1-1-10; OSMB 4-2011, f. 3-7-11, cert. ef. 5-25-11; OSMB 8-2011, f. 4-25-11, cert. ef. 6-1-11

Rule Caption: Establish a slow-no-wake zone on the Willamette River in Multnomah County.

Adm. Order No.: OSMB 9-2011(Temp)

Filed with Sec. of State: 5-13-2011

Certified to be Effective: 6-15-11 thru 10-31-11

Notice Publication Date:

Rules Amended: 250-020-0280

Subject: This rule will set a 5 mph-slow no wake zone within 200 feet of the Zidell Remediation Project in-water construction area.

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

250-020-0280

Boat Operations in Multnomah County

(1) No person shall operate a boat in excess of 5 MPH:

(a) In North Portland Harbor (Oregon Slough):

(A) From the east end of North Portland Harbor (Oregon Slough) to a point 800 yards west of the Burlington Northern Railroad Bridge, as marked;

(B) Within 200 feet of a launching ramp, moorage or houseboat from the east end of North Portland Harbor (Oregon Slough) eastward along the south shore to the Lower Airport wing dike.

(b) Within 300 feet of the entrance to and in Rooster Rock boat channel;

(c) Within 200 feet of west shore, as buoyed, between the southern boundary of Willamette Park Launch Ramp and the northern boundary of the Willamette Sailing Club;

(e) Within 200 feet of the Oregon Yacht Club floating home moorage as buoyed (a distance of approximately 1,5000 feet);

(f) Within 200 feet of houseboat moorages in the Government Island South Channel;

(g) No person shall operate a boat in excess of a maximum 5 MPH, “Slow-No Wake” speed on the Columbia River south of the buoys along the northern shore of Government Island in the waters adjacent to the I-205 Bridge, commonly referred to as Commodore’s Cove, as marked;

(h) Within 100 feet of the Landing Boat Club at RM 15, Willamette River.

(2) No person shall operate a recreational watercraft in excess of slow-no-wake in:

(a) The Ross Island Lagoon; and

(a) No person shall operate a motorboat pulling a water skier or towed device in this zone.

(b) No person shall operate a personal watercraft, as defined in OAR 250-021-0020, in continuous operation above 5 MPH in this area, except to transit directly through this zone.

(c) No person shall operate any motorboat in excess of slow-no wake maximum 5 MPH speed within 200 feet of any houseboat moorage within the “pass-through” zone.

(5) No person shall operate a boat in excess of 3 MPH in Rooster Rock Boat Basin.

(6) The following locations are designated racing motorboat testing areas:

(a) On the Willamette River in Swan Island Lagoon. Testing is limited to the hours of 3–6 p.m. on Thursdays, Fridays, and Saturdays;

(b) On the Columbia River between the county launching ramp at 43rd Street and Buoy #18 (NOS Chart #18531). Testing is limited to the hours of 8 a.m.–12 noon, Tuesday through Friday.

(7) No person shall operate a motorboat on Benson Lake.

(9) At Bonneville Dam.

(10) No person shall operate or anchor a boat in the following described zone in Oregon Slough (North Portland Harbor):

(a) Commencing at the northwesterly corner of that tract of land described in a Bargain and Sale Deed to RHODIA, Inc., recorded as Document No. 98028586, Multnomah County Deed Records; Thence, along the northeasterly line of said tract, S 47°46’ E, 513.54 feet to the northwest corner of the Alexander Brown Donation Land Claim; Thence, along the north line of said Claim S 48°30’ E, 764.51 feet to the POINT OF BEGINNING of the SITE AREA being described herein; Thence, N 29°58’25” E, 133.84 feet; Thence, S 62°44’22” E, 461.47 feet; Thence, S 29°58’25” W, 227.76 feet to the northeasterly line of said tract; Thence, along said northeasterly line, N 61°15’ W, 60.85 feet; Thence, along said northeasterly line, N 52°30’ W, 115.5 feet; Thence, along said northeasterly line, N 48°30’ W, 291.49 feet to the POINT OF BEGINNING as marked.

(b) This area of land contains 2.0 acres (87,008 sq. Ft.), more or less.

(c) The intent of this description is to describe a line that surrounds the limits of the sediment cap location, plus a buffer zone.

(d) Bearings based on Document No. 98028586, Multnomah County Deed Records.

(12) No person shall operate a boat in the Willamette River:

(a) Beginning June 15, 2011, in the area beneath the temporary construction bridges or lifting cranes used for construction of the Portland-Milwaukie Light Rail Bridge near river mile 13.8.

(b) In excess of 5 MPH Slow-No-Wake as marked 500 feet upriver and 500 feet downriver from the centerline of the bridge construction project from June 15, 2011 to December 31, 2012.

(13) No person shall operate a recreational watercraft in excess of slow-no-wake on the Willamette River within approximately 200 feet of the Zidell Remediation Project in-water construction zone, as marked, from June 15 to October 31, 2011. The construction zone extends from the Marquam Bridge to a point approximately 900 feet south of the Ross Island Bridge on the west side of the Willamette River.

Stat. Auth.: ORS 830.110, 830.175 & 830.195

Stats. Implemented: ORS 830.110 & 830.175

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.