Caption: Removes violation language from
Order No.: OSMB 12-2011(Temp)
Filed with Sec. of
Certified to be
Effective: 8-18-11 thru 1-31-12
Rules Amended: 250-010-0650
Subject: This temporary rulemaking will remove statutory
language citing violation provisions from administrative rule.
Rules Coordinator: June LeTarte—(503) 378-2617
Aquatic Invasive Species
(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
(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
(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
(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
(A) Alter an aquatic invasive species prevention
(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
confirm through documentation are engaged in an organization-related activity.
(E) A ship’s lifeboat used solely for lifesaving
(G) Federal government-owned boats
(H) Surfboards, sailboards and kite boards.
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; OSMB
12-2011(Temp), f. & cert. ef. 8-18-11 thru 1-31-12
Caption: Establish procedures for
mandatory aquatic invasive species watercraft inspection stations.
Order No.: OSMB 13-2011(Temp)
Filed with Sec. of
Certified to be
Effective: 8-23-11 thru 1-31-12
Rules Adopted: 250-010-0660
Subject: The purpose of this temporary rule is to implement
House Bill 3399, which establishes authority to conduct mandatory watercraft
inspection check stations for recreational or commercial watercraft being
transported over roads within Oregon. The purpose of the administrative search
authorized by HB 3399 is to prevent and limit the spread of aquatic invasive
species within Oregon.
Rules Coordinator: June LeTarte—(503) 378-2617
Watercraft Inspection Stations
(1) For the purpose of this rule, the following
(a) “Check Station” is a location in Oregon that a
watercraft inspection team has designated for conducting watercraft inspections
for aquatic invasive species.
(b) “Decontamination” is the removal of aquatic
invasive species from a watercraft.
(c) “Inspector” is an individual certified and
authorized by the Oregon Department of Fish and Wildlife to conduct boat
inspections for aquatic invasive species.
(d) “Inspection Certificate” is a form used by the
inspector to conduct and record watercraft inspection information.
(e) “Seal” is a plastic zip tie or cable with a unique
number that is affixed to the trailer or other device to carry or convey the
(f) “Watercraft Inspection Team” is one or more
inspectors authorized to inspect for aquatic invasive species on all types of
watercraft being transported over roads.
(g) “Watercraft” are recreational or commercial,
motorized and non-motorized boats, including canoes, kayaks and rafts, as
provided in ORS 830.005, and any equipment used to transport a boat and any
auxiliary equipment, as provided in ORS 570.850.
(2) The watercraft inspection team will select Oregon
locations to conduct mandatory watercraft inspections as described in the
Oregon Department of Fish and Wildlife Aquatic Invasive Species Watercraft
Inspection Handbook. Signs will be placed along roads, as prescribed by the
Oregon Department of Transportation, directing motorists transporting a
watercraft over roads to a designated inspection station.
(3) The watercraft inspection team will inspect every
watercraft that enters the check station for the presence of aquatic invasive
species and may order decontamination of the watercraft. The inspection will
include the hull, motor, propulsion system or component, anchor or other
attached apparatus, trailer or other device used to transport the boat, and the
bilge, live-well, motor-well and other interior locations that could harbor
aquatic plants or animals.
(4) The watercraft inspection team will complete,
submit and file an inspection certificate with the Oregon Department of Fish
and Wildlife for each watercraft inspection conducted.
(5) The watercraft owner, operator or carrier must
provide to the inspector, on request, his or her name and ZIP code. If an
inspector determines that decontamination is required, the owner, operator or
carrier must provide the additional information requested on the inspection
certificate form including contact information.
(a) The decontamination process will include the hull,
motor, propulsion system or component, anchor or other attached apparatus,
trailer or other device used to transport the watercraft, bilge, live-well,
motor-well or other interior location that could harbor aquatic plants or
(b) Means of decontamination include, but are not
limited to, one or more of the following: hot water washing or flushing,
high-pressure water jets, hand removal and chemical treatment as determined
necessary by the watercraft inspection team.
(6) The inspector will determine that the watercraft is
a severe risk if the boat contains quagga or zebra mussels or other high risk
aquatic invasive species, or is of a design that prevents or inhibits effective
on-site decontamination. In such cases, the inspector will place a seal on the
watercraft indicating potential contamination. Only the inspector may attach this
seal. Tampered, broken or removed seals are void.
(7) When the inspector determines the watercraft is
clean or fully decontaminated, the inspector will attach a seal between the
watercraft and trailer or other carriage device indicating a completed inspection.
Only the inspector may attach this seal. Tampered, broken or removed seals are
Stat. Auth.: ORS 830.110
Stats. Implemented: HB3399, ORS
Hist.: OSMB 13-2011(Temp), f.
& cert. ef. 8-23-11 thru 1-31-12
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.