| Proposed & Adopted Regulations 2006-2007 |
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| Background: |
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To keep waterways safe and to minimize conflicts among users, the Marine Board occasionally enacts boat operation rules. The board involves boaters, local officials, the public and law enforcement in determining whether rules are necessary and in being sure rules are enacted fairly. Proposals are posted on the What's New page in press release form.
To Comment: The Oregon State Marine Board invites public opinion on these proposed boating regulations and will accept written comments up to the noted deadline. Comments may be mailed, faxed or e-mailed, or given orally or in writing at the appropriate public meetings.
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| Boating Related Rules Adopted in 2007 |
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Siltcoos Lake, Lane County
Location: Adjacent toCamp Baker, Kiechle Arm, Siltcoos Lake
Adopted: April, 2007
Rule Summary: Slow-no wake zone within buoyed area.
Background: Address safety concerns between boaters and swimmers participating in long-distance swim exercises.
Administrative rule: 250-020-0221 - Boat Operations on Certain Waters in Lane County.
…(B) Between shore and buoy line at the mouth if Kiechle Arm beginning at a point at the east shoreline of Arrowhead Point and extending northerly approximately 900 yards to a point approximately 100 yards off shore of Camp Baker during the period of June 1 through September 30.
Willamette River, Clackamas County
Location: The area behind the “Green Bridge” adjacent to the Cul de Sac of Willamette Falls.
Rule Summary: No new rule was adopted, but it was discovered during the process that law enforcement wasn’t enforcing the current deadline of the Green Bridge. Bridge will be signed and enforced to address safety concerns.
Administrative rule:250-020-0032 - Boat Operations on the Willamette River in Clackamas County
(2) No person shall operate a boat:
(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.
Lake Billy Chinook
Location: Pelton Dam forebay
Rule Summary: Area within Pelton Dam forebay log boom is closed to recreational boating
Adopted: September 2007
Background: PGE is installing a large selective water withdrawal device in forebay of dam to promote fish passage. The structure represents significant safety concerns.
Administrative rule: 250-020-0161 - Boat Operations in Jefferson County
(4) Lake Billy Chinook:
(c) No person shall operate a boat inside the log boom enclosure around Round Butte Dam.
Pacific Ocean
Location: Pacific Ocean beyond territorial waters.
Rule Summary: New, less expensive and more reliable satellite phones are available and may now be used in place of single sideband radios on charter boats, but only if used in conjunction with EPERBs and VHF radio telephones.
Adopted: June 2007
Background: To address changing communications technology - allows Satellite Telephones as a substitute for Single Sideband Radio by active ocean charter boat operators, with the condition that in addition to a satellite phone, a Class A, 406 EPIRB from shore to 3 miles out (for all charter vessels) and a VHF radio telephone is also be required.
Administrative rule: 250-015-0033 - Additional Equipment
Vessels operating more than 20 miles from the nearest port, in addition to the equipment previously specified, must also carry:
(1) Single Sideband Radio (Title 47 CFR Parts 80.901 & 80.905 (a)(2)). Vessels must be equipped with a medium frequency transmitter capable of transmitting J3E emissions and a receiver capable of reception of J3E emissions within the band of 1710 to 2850 kHz and be capable of operation on 2670 kHz, or:
(2) All of the following:
(a) Satellite Telephone;
(A) Hard-wired for a constant charge, with charging indicator light;
(B) Portable, removable from charging base, able to operate independently;
(C) Mounted within reach of the boat operator, at the pilot station; and
(D) Programmable, emergency numbers programmed for speed-dial.
(b) 406 MHz Emergency Positioning Indicating Radio Beacon (EPIRB), and a
(c) VHF Radiotelephone
Plat I Reservoir, Douglas County
Location: Sutherlin
Rule Summary: Small, shallow reservoir is now limited to 10 mph all times.
Adopted: June 2007
Background: Primarily a small-boat fishing reservoir. When at full pool, wakes can sweep over the banks affecting bank angling.
Administrative rule: 250-020-0102 - Boat Operations in Douglas County
(1) No person shall operate a motorboat at a speed in excess of 10 MPH in the following areas:
(b) On Plat I Reservoir.
Lower Columbia River -Guide Operation
Location: Columbia & Clatsop Counties
Adopted: June 2007
Background: The rules provide consistency between Washington and Oregon pertaining to outfitter and guide operations.
Administrative rule: 250-016-0014
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) provides authority for the State Marine Board to adopt rules allowing 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 if the State of Washington adopts provisions that allow vessels with an Oregon ocean charter vessel license 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 State Marine Board finds that a Washington charter license issued under RCW 77.65.150 is comparable to an Oregon Ocean Charter license 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) Outfitters and Guides registered under ORS Chapter 704 may obtain an Ocean Charter Vessel license in addition to their outfitter and guide registration. As authorized by the Oregon Legislature, the Marine Board waives the fee for an Ocean Charter Vessel License for Oregon resident outfitters and guides who conduct activities on the Lower Columbia River downstream of the Lewis and Clark bridge.
(7) Oregon Outfitters and Guides who choose not to obtain an Ocean Charter Vessel License for operations on the Columbia downstream of the Lewis and Clark bridge at Longview -- Rainier must ensure that their operations remain in Oregon waters at all times.
(8) 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 and/or charter vessel is licensed.
250-016-0015
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 and/or licensed.
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| Rules Denied or Underway: |
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Illinois River
Gold Beach, Agness -Propoal denied to prohibit motors between mouth and RM 3.7. A working group will instead be formed to implement enforcement/education/outreach plan. The process is on-going.
Lower Willamette River
The Marine board is proposing a “congestion zone” designation on the Willamette River from river mile 31.5 at the upper end of Willow Island (near Canby) to the Highway 219 Bridge at river mile 48.5, and a slow-no-wake zone between the I-5 Bridge at river mile 38 to the railroad bridge immediately upriver. Within the congestion zone, boats pulling recreational devices such as wakeboards, water skis and inflatable toys, would be prohibited from operating within 200 feet behind other boats pulling recreational devices, must operate at least 100 feet away from docks, and must avoid power-on “u-turns” or figure eights.
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