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OREGON STATE MARINE BOARD

 

DIVISION 16

OUTFITTER/GUIDE REGISTRATION

250-016-0020

Definitions

(1) “Deposit” is a collection of fees prior to providing outdoor recreational activities.

(2) “Drop Camp” is a site whose location is chosen either by the Outfitter and Guide or the client but where no guided hunt services are provided to the client.

(3) “Guide Boatsman Trainee” is an individual who is an Outfitter and Guide or an employee of an Outfitter and Guide who is receiving experience on whitewater as required in ORS 704.070.

(4) “Outfitter and Guide Hunt” is an outdoor recreational activity in which the client is physically accompanied in the field by the registered Outfitter and Guide or the employee(s) of the registered Outfitter and Guide during the hunt.

(5) “Owned or Controlled” land means any lands owned or under a formal leasing giving the individual as a sole-proprietor, partnership, or other corporation exclusive control of the use of the lands.

(6) “Packing” is the act by the registered Outfitter and Guide or the employee(s) of the registered Outfitter and Guide to lead clients in overland outdoor recreational activities including but not limited to the transportation of client, equipment and supplies, harvested game, by machine, boat, animal or guide.

(7) "Person" means an individual, partnership, corporation or non-profit organization.

(8) “Resident” is a person who permanently or continuously resides in Oregon.

Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704 & 705
Hist.: OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0025

Employees, Agents or Parties in Interest

(1) At the time of application, the Outfitter and Guide will supply the Marine Board a current record of all employees, including agents and parties in interest, as outlined in ORS 704.020(1)(c), who physically provide, or directly assist in physically providing Outfitting and Guiding services in Oregon.

(2) The Marine Board shall be notified of all changes to the record before any Outfitting and Guiding services are provided.

(3) Written change notifications will be dated, include the Outfitter and Guide's name and address, and indicate the added or deleted employee’s full name.

(4) The change notification must be received by the Marine Board by email, facsimile or U.S. mail.

Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704 & 705
Hist.: OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0030

Exclusions

Outfitter and Guide services do not include:

(1) Services provided by governmental agencies that conduct outdoor recreational activities.

(2) Services provided by state or private colleges and universities that teach outdoor recreational activities as part of their curriculum open only to enrolled students and faculty members.

(3) Services provided by schools that teach outdoor recreational activities including but not limited to equestrian, swimming, scuba, sailing, flying, photography or other outdoor activities that accompany the primary course of instruction or study.

(4) Services provided by non-profit organizations that meet the criteria in 250-016-0030(2) and 250-016-0030(3).

(5) Services provided by Outfitter and Guide employees who work as office staff, shuttle staff, warehouse worker, lunch packer or other capacity not directly involved with leading or assisting clients in outdoor recreation activities.

Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704 & 705
Hist.: OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0035

Registration Requirement

(1) The completed and signed application, with all required attachments, original first aid card if applicable, certificate of insurance, proof of surety bond or letter of credit if applicable, copy of US Coast Guard Operator's license if applicable and the fee required by ORS 704.020 must be submitted to the Marine Board. The required fee is non-refundable. Where an application is submitted for a partnership, one partner must sign the application and provide their proof of first aid. For a corporation or non-profit organization, the application must be signed by an authorized officer of the corporation or organization. The authorized officer of the corporation or organization must sign a statement certifying that all their employees possess in their name a current standard first aid card or a medical equivalent. The certificate of insurance shall be:

(a) Provided by fax, e-mail or US Mail to the Marine Board;

(b) Be issued in the applicant's name;

(c) Reflect all insured business names;

(d) Reflect the lawfully required insurance minimum amounts.

(2) Proof of first aid training and CPR shall consist of one of the following:

(a) The original card or certificate issued by the American Red Cross showing completion of a standard or multimedia first aid course or equivalent including CPR (original card will be returned to the applicant);

(b) Proof of training and certification as an Emergency Medical Technician I, II, or III (original card will be returned to applicant), or licensed or registered nurse or medical doctor (copy of license is acceptable).

(c) Should an Outfitter and Guide's first aid card, CPR, or the equivalent expire, the Outfitter and Guide is responsible for submitting the original updated card to the Marine Board. If there is a lapse of time between expiration and renewal, the Outfitter and Guide's registration is automatically suspended during that period of time.

(3) An incomplete application will not be processed. An incomplete application will be deemed inactive following twelve (12) months from date of receipt and lacking any action on the applicant’s part to complete.

Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704 & 705
Hist.: OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0040

Proof of Registration Compliance

(1) Outfitter and Guide certificate of registration:

(a) Upon meeting the registration requirements as outlined in ORS 704.020, the Marine Board will issue proof of compliance in the form of a registration card to the applicant. This card will contain the applicant's:

(A) Name and address;

(B) Registration number;

(C) Business name (if any)

(D) Expiration date; and

(E) Area of operation as defined by permits or licenses issued by the federal government, including but not limited to the US Coast Guard, US Forest Service, Bureau of Land Management or others.

(b) When the registration is for a corporation or non-profit organization, the provided Outfitter and Guide certificate of registration shall contain:

(A) Registration number;

(B) Corporation or non-profit organization name and address;

(C) Expiration date; and

(D) The Statement "Corporation (or Non-Profit Organization) Identification Only — Not for personal identification."

(E) Area of operation as defined by permits or licenses issued by the federal government, including but not limited to the US Coast Guard, US Forest Service, Bureau of Land Management or others.

(c) If the Outfitter and Guide uses boat(s) in their business, a decal will be issued with the following information:

(A) For motorized boats used on federally navigable waters, an oval decal shall show the type of US Coast Guard operator's license the Outfitter and Guide possesses, the area of operation allowed by the license, and the passenger carrying capacity.

(B) For all non-motorized and motorized boats where the operator does not have a US Coast Guard license, a square decal shall show the passenger carrying capacity.

(C) Passenger carrying capacity information shall not be required on the decal for non-motorized boats.

(D) Boats not under the direct operation of an Outfitter and Guide or employee of an Outfitter and Guide are exempt from the decal requirement. Boats operated exclusively by the client of an Outfitter and Guide are exempt from the decal requirement.

(d) If an Outfitter and Guide want to participate in Oregon Department of Fish & Wildlife allocation of non-resident tags for outfitter and guides established under ORS 496.151, the individual must obtain a hunting certification in addition to Outfitter and Guide registration. To be certified, an Outfitter and Guide must:

(A) Certify that they have three (3) years hunting experience working as a registered Outfitter and Guide in Oregon or another state, or working as an employee of an Outfitter and Guide registered or licensed in Oregon or another state. If the experience has been gained working as an employee, the Outfitter and Guide must submit a signed affidavit outlining the employee's experience. Outfitter and Guides who participated in the Oregon Department of Fish and Wildlife Outfitter and Guides Hunting Tag Program in 1998 are exempt from the experience requirement.

(B) Pass a written examination on the Outfitter and Guide program and Oregon Department of Fish and Wildlife laws and rules. If the applicant fails the test, they may retake it after a thirty (30) day waiting period. If the applicant fails it a second time, the hunting certification for that year will be denied. The passing score is (75) seventy five percent.

(C) Provide, along with their application, proof that the Outfitter and Guide has the necessary federal government permits (U.S. Forest Service and/or Bureau of Land Management) or private land leases or authorizations of not less than 1,280 contiguous acres for the area in which the Department of Fish and Wildlife hunting tags are to be requested. Proof shall be a copy of the federal permit, or for Land Owner Preference tags issued for private land leases, a map of the area and the applicable lease agreement.

(D) Submit a $75.00 certification fee. The renewal fee is $25.00.

(2) Duplicates:

(a) A duly registered Outfitter and Guide may apply to the Marine Board for a duplicate proof of compliance card when an original has been lost, stolen or mutilated;

(b) A duplication fee of $5.00 shall be paid for each replacement requested.

(3) The Outfitter and Guide identification card issued shall be carried at all times while providing outfitting or guiding services and shall be presented to any peace officer upon demand.

Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704 & 705
Hist.: OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0045

Registration Requirements

(1) Registration Renewal:

(a) The Marine Board will notify a registered Outfitter and Guide, in writing, no later than thirty (30) days in advance of the impending registration expiration.

(b) The notification will include instructions for registration renewal and identify the required forms.

(2) Registration Cancellation:

(a) An Outfitter and Guide registration will be cancelled upon notification from an insurance company that such Outfitter and Guide’s required insurance has been suspended or cancelled.

(b) The Marine Board will give written notice to such Outfitter and Guide of the effective date of such insurance suspension or cancellation.

(c) The affected Outfitter and Guide shall, within ten working days of receipt of such registration suspension or cancellation notice, return the previously issued Outfitter and Guide identification card to the Marine Board.

(3) Registration Reinstatement:

(a) A previously cancelled Outfitter and Guide registration will be reinstated upon receipt of notification (certificate of insurance) from an insurance company.

(b) The Marine Board will return the previously surrendered Outfitter and Guide identification card and it will remain effective for the unexpired duration of its issuance.

Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704 & 705
Hist.: OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0050

Marine Board's Authority to Reprimand an Outfitter and Guide or Suspend, Revoke, or Deny a Registration

(1) The Marine Board, with input from the Guide Advisory Committee, will monitor application of statute and rule and modify, as recommended, to encourage high standards of ethical conduct, customer service, safety and natural resource protection.

(2) The Marine Board Director may reprimand, suspend, revoke, or deny for a period of up to twenty-four (24) months the registration of an outfitter and guide for:

(a) Any serious or repeated violation of ORS Chapter 477, 496, 497,498, 501, 506, 508, 509, 511, 704 or 830, or any rule adopted pursuant thereto;

(b) Any serious or repeated violation of the fish and wildlife laws or regulations of the Federal Government or of another state for committing or omitting acts which, if committed or omitted in this State, would be a violation of ethical or professional standards established by the Marine Board. A certified copy of the record of suspension or revocation of the state making such suspension or revocation is conclusive evidence thereof;

(c) Having an Outfitter and Guide registration, license, permit or certificate suspended, revoked, canceled, or denied by another state or by an agency of the United States for committing or omitting acts which, if committed or omitted in this State, would be a violation of ethical or professional standards established by the Marine Board;

(d) Having a US Coast Guard operator license revoked, suspended, or canceled by the United States Coast guard for committing or omitting acts that if committed or omitted in this state would be a violation of standards established by the Marine Board; or

(e) Engaging in fraudulent, untruthful, or seriously misleading advertising in the conduct of the outfitting and guiding services.

(f) Convictions of crimes under ORS 166 while in the conduct of outfitting and guiding services.

(g) Repeated violations of Outfitter and Guide Ethical and Professional Standards in OAR 250-016-0060.

(3) Upon receipt of notice of conviction from the court of a certified copy of a record of suspension, revocation, or cancellation, it will be the discretion of the Marine Board Director to determine to reprimand an Outfitter and Guide or suspend, revoke, or deny the Outfitter and Guide registration based on the following criteria:

(a) Serious violation shall be conviction of a Class A or B misdemeanor or three Class A or B infractions in a three (3) year period;

(b) Repeated violations shall constitute two Class A or B misdemeanor convictions within a period of ten (10) years;

(4) The Marine Board may issue conditional registrations contingent on the Outfitter and Guide not having any violations or convictions as defined in this section for a period of twenty-four (24) months from issue.

(5) The Marine Board may seek advice from the Guide Advisory Committee prior to taking action under 250-016-0050(2), and will provide an annually summary report to the Guide Advisory Committee of all said action.

(6) Any actions taken under 250-016-0050(2) that are not reversed through a contested case hearing shall be made a part of the public record.

Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704 & 705
Hist.: OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0055

Contested Case Hearings

The Marine Board will accord opportunity for a hearing as provided in ORS 183.310 to 183.550. The Marine Board has adopted the current edition of the Attorney General's Model Rules of Procedure, as referenced in OAR 250-001-0005.

Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704 & 705
Hist.: OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0060

Outfitter and Guide Ethical and Professional Standards

(1) All Outfitter and Guides shall:

(a) Make every effort to operate with respect for the rights of others, private and public property, and provide for the health, safety, and well-being of their clients, employees, and the general public;

(b) Provide services on public land in a manner such that they do not interfere with the general public access to public land or waterways or access to wildlife on public land;

(c) Leave clean camps, striving to maintain the environment in as good or better condition than before and dispose of all garbage, debris, and human waste in a proper, approved manner;

(d) Cooperate with Federal, State, and local fish and wildlife officials; advise clients of all applicable conservation standards, fish and game laws, license requirements, statutes and regulations and not condone their violation;

(e) Not use any illegal drug, or excessively use alcohol, or any other drug or substance, to the extent that the use impairs the user physically or mentally while engaged by a client;

(f) Not violate any law, rule, or policy of the Oregon Department of Fish and Wildlife concerning the certification of residents and nonresidents for procuring hunting and fishing licenses;

(g) Not engage in fraud, deceit, misrepresentation, or concealment of any material fact in advertising, soliciting, or providing professional services to members of the public;

(h) Provide any animal used in the conduct of business with proper food, water, and shelter and not subject any animal to needless abuse or cruel and inhuman treatment;

(i) Not solicit clients or another Outfitter and Guide while client is engaging in an outfitting activity;

(j) Promptly refund deposits paid by participants upon request if such deposits are due to the participant in accordance with the Outfitter and Guide’s written deposit refund policy;

(k) Not substantially breach a contract with any person using guiding services of the Outfitter and Guide;

(l) Treat clients, employees, and the general public in a fair and professional manner.

(2) It is unprofessional and unethical to have an Outfitter and Guide registration, license, permit or certificate suspended, revoked, canceled, or denied by another state or by an agency of the United States.

Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704 & 705
Hist.: OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0065

Surety Bond

(1) Outfitter and Guides who collect deposits in excess of $100.00 per person for a trip are required to furnish proof of a $5,000.00 surety bond or a fully-executed Letter of Credit issued by a financial institution licensed to do business in Oregon in the amount of $5,000.00.

(2) Proof shall consist of a fully executed Surety Bond or a Letter of Credit.

Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704 & 705
Hist.: OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0070

Requirements of Recreational Activities

(1) An “Outdoor Recreational Activity” as defined in ORS 704.010(5)(a) begins at the time the Outfitter and Guide provides direct service to the client. This time period excludes any preparation activities by the Outfitter and Guide including transportation of equipment.

(2) The Outfitter and Guide and client will complete a written and signed contract outlining the packing services the Outfitter and Guide will provide a client to a drop camp. These services will include but are not limited to:

(a) Transportation of the client and equipment to and from the drop camp;

(b) A basic description of the drop camp, camp amenities and equipment provided;

(c) Pack-out of harvested game animal and gear;

(d) Maintaining regular communication with client via cell or satellite telephone or other communication device and be ready to provide services, as needed;

(e) Other services the Outfitter and Guide and client agree upon.

(3) The Outfitter and Guide and client will complete a written and signed contract outlining the packing services the Outfitter and Guide will provide in an Outfitter and Guide Hunt. These services will include but are not limited to:

(a) The physical accompaniment of the client in the field by the registered Outfitter and Guide or the employee(s) of the registered Outfitter and Guide during the hunt.

(b) Transportation of the client and equipment to and from the camp site;

(c) A basic description of the camp site, camp amenities and equipment provided;

(d) Pack-out of harvested game animal and gear;

(e) Maintaining regular communication with client via cell or satellite telephone or other communication device and be ready to provide services, as needed;

(f) Other services the Outfitter and Guide and client agree upon.

Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704 & 705
Hist.: OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0075

Requirements for Safety Equipment, Experience and Training

(1) Registered outfitters and guides who carry passengers for consideration on rivers rated as Class III or higher on a commonly accepted scale of river difficulty are required to have all employees and passengers wear a properly secured personal flotation device on those sections of river that are rated Class III or higher.

(2) The personal flotation devices used by outfitters and guides must:

(a) Be approved by the U.S. Coast Guard as a Type I, III, or V personal flotation device that is suitable for use on whitewater rivers.

(b) Not have a limitation or restriction on its approval that would prevent its use on whitewater rivers.

(c) Not be an inflatable personal flotation device, regardless of rating type.

(3) A Guide Boatsman Trainee may operate a boat to transport equipment and gear, but not passengers for consideration, on those sections of rivers rated as Class III or higher. The Guide Boatsman must be either a registered Outfitter and Guide, or a listed employee of a registered Outfitter and Guide.

Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704 & 705
Hist.: OSMB 15-2011, f. & cert. ef. 11-1-11

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

250-016-0085

Reciprocity Provisions for Outfitters and Guides on the Columbia River upstream of the bridge at Longview-Rainier

(1) The purpose of this rule is to give outfitters and guides operating on the Columbia River upstream of the Lewis and Clark bridge at Longview-Rainier the opportunity to share in reciprocity between Oregon and Washington regarding the registration of outfitters and guides. 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 upstream of the bridge at Longview-Rainier while operating on the Columbia River.

(2) 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 Outfitters and Guides on the upper Columbia River (WAC 220-20-005(3)).

(3) The State Marine Board finds that a Washington Professional Salmon Guide License under RCW 77.65.370 or a Washington Professional Game Fish License under RCW 77.65.480(3) is comparable to an Oregon Outfitter and Guide registration for the carrying of passengers for hire for angling purposes on the Columbia River upstream of the Lewis and Clark bridge at Longview-Rainier.

(4) Oregon grants reciprocity for Washington fishing guides on the Columbia River upstream of the Lewis and Clark Bridge at Longview-Rainier, provided the Washington Department of Fish and Wildlife adopts regulations that provide the same reciprocity for Oregon Outfitters and Guides.

(5) 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 licensed.

Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704 & 705
Hist.: OSMB 15-2011, f. & cert. ef. 11-1-11

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

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