Date: Thursday, February 17, 2000
For Immediate Release

Diamond Lake, Tualatin River Boating Rules Change

Recreational boaters will have a new waterskiing opportunity this year - if they're willing to brave the wind and chop of a high mountain lake. At the direction of the 1999 Oregon Legislature, the Oregon State Marine Board adopted rules temporarily lifting the decades-old 10 mph speed limit on Diamond Lake to a 45 mph maximum speed between 9 a.m. and 6 p.m. daily.

The decision, along with a rule prohibiting water skiing on the Tualatin River near Portland, was made during the regular board meeting held Thursday in Salem. Other items on the agenda included grant requests for boating facilities development, review of the Mandatory Boater Education Program development process, proposed rules for Detroit Lake, Fern Ridge Reservoir and other water bodies.

Diamond Lake Speed Rule Changed

Since the early 1900s when Diamond Lake was first stocked with trout, it has served tens of thousands of anglers as a highly productive and popular fishing lake. U.S. Forest Service campgrounds were populated by eager anglers throughout the spring, summer and fall. But with the introduction and proliferation of tui chub, a small, bony non-game fish, the fishery crashed and very few anglers now visit the lake. In an effort to bring customers to the lake's campgrounds and resort facilities, the legislature directed the Marine Board to liberalize the speed limit until the fishery is restored.

The new rule is as follows: Boat speed may not exceed 45 miles per hour between the hours of 9 a.m. and 6 p.m.; may not exceed 10 miles per hour between the hours of 6 p.m. and 9 a.m.; shall be restricted to 10 miles per hour at all times in any area within 200 yards of any boat ramp, boat dock, swimming area, inlet or outlet of the lake, designated campground or summer home. In addition, personal watercraft such as Jet Skis or Waverunners may not be operated on the lake The rule is scheduled to go into effect April 1.

Waterskiing Prohibited on the Tualatin River

Waterskiing on the Tualatin River, located in Washington and Clackamas counties, will no longer be allowed under rules adopted at the Marine Board meeting. The decision was the end product of a Tualatin Riverkeepers petition which originally sought to limit recreational boat traffic to a 5 mph maximum on the length of the river.

The Tualatin is a small Willamette River tributary dotted with fallen trees, shallow riffles and numerous privately owned docks. Because it is narrow and has these hazards, the Board agreed with a staff recommendation that waterskiing is an inappropriate activity for the waterway. The petition to reduce the speed was rejected. "The 5 mph restriction had mixed support from the public and would have been difficult to enforce," said Wayne Shuyler, assistant director of the Marine Board. "However, a ban on water skiing, coupled with the appropriate signs at put-ins, along with the existing ban on personal watercraft and a message about boaters' responsibility for their wake, may help resolve some of the issues. Personal watercraft or boats pulling skiers are likely to be infrequent, easily identifiable and easily apprehended by law enforcement."

Marine Board staff will work with access managers and county law enforcement to post signs at access points noting the new rules and encouraging safe, courteous behavior on the river.

Proposed Rule Making Begins on Four Water Bodies

Several petitions and requests to restrict boating activities on Detroit Lake and Fern Ridge Reservoir in northwest Oregon, and Balm Creek and Higgins reservoirs in northeast Oregon, were brought to the Board to begin a rule making process.

The Detroit Lake petition seeks to change the pass-through zone in the Breitenbush Arm of Detroit Lake to a 5 mph slow-no wake zone. The zone is adjacent to Kane's Marina near the Highway 22 Bridge at the town of Detroit. The lake above the bridge is already a 5 mph zone. The Board accepted the petition and directed staff to place notice in the Secretary of State's Bulletin and gather public input. Action will be taken at a future meeting.

The U.S. Army Corps of Engineers is requesting rules for Fern Ridge Reservoir on the area south of State Highway 126. In this area, the Corps is seeking to limit engine size to electric motors of 30 pounds thrust or less. The Corps is also requesting restriction on propeller-driven air boats and non-displacement hull hover craft in areas where the Corps is concerned the craft may damage emergent vegetation, nesting waterfowl and foraging raptors. The Board accepted the petition and directed staff to place notice in the Secretary of State's Bulletin and gather public input. Action will be taken at a future meeting.

The Marine Board also accepted a request for rule making from the Oregon Department of Fish and Wildlife (ODFW). The request seeks restrictions on motorized boats on 110-acre Balm Creek Reservoir and 100-acre Higgins Reservoirs, both in Baker County. On Balm Creek Reservoir, ODFW is requesting the Board to allow electric motors only. The department is asking the Board to prohibit the use of motors altogether on Higgins Reservoir. Both reservoirs are primarily surrounded by private land with the landowners providing public access to quality fishing opportunity. The landowners who control public access suggested the restrictions to combat litter, vandalism and shoreline erosion.

The Board agreed to open the rule-making process, but directed staff to study other potential points for public access or other, less restrictive rules.

Boating Access Projects Approved, Recently Completed

Media Contact: Dave Obern (503) 373-1405 x252 Funds for several restrooms, boat toilet pumpouts and portable toilet dump station projects were approved by the Board, making available more options for boaters to conveniently dispose of human waste in a sanitary and environmentally friendly manner.

The projects approved include the following:

These projects will be paid for with matching funds from the Clean Vessel Act with the Board providing 25 percent of the dollars. Other projects approved include a ski float at Irrigon Park District, Port of Umatilla parking lights, boarding floats at the James Gleason ramp for Metro, and replacement of the Empire float for City of Coos Bay. Combined cost of these projects is $399,103, with $311,391 coming from Marine Board grants.

In addition to these projects, the Board has already approved in this biennium 49 projects and obligated $2,188,469 in Facility Grant Funds and another $417,030 in Clean Vessel Act funds. Of the 49 projects, eight have been substantially completed since last October and many others are underway.

Board Terminates Coos Bay Grant Agreement on Pony Point Access

Two cooperative grant agreements that helped fund the Pony Point boat ramp and access point in Coos Bay were terminated by the Marine Board. The Board took the action because the North Bend Municipal Airport changes and federal regulations resulted in the facility being blocked off from public use.

After more than a year of study of the problem, including meetings with the FAA and Port of Coos Bay, North Bend found there was no feasible way to keep the access point open. The Board provided $145,590 in the past to fund Pony Point development and operation. In an agreement developed by Marine Board staff, the City of North Bend agreed to refocus efforts and funds on the California Street boat ramp. Floats and equipment from Pony Point will be reused at the California Street ramp. Developments are expected to begin later this year.

Other agenda items:

The Board, by resolution, delegated to the Marine Board director and assistant director the authority to adopt temporary boating closures or restrictions if a situation exists that seriously jeopardizes the safety of the boating public or other waterway users. The adoption of any rules must conform with the requirements of temporary rules contained in ORS 183.335 (5) and (6). The need for such closures is infrequent and sometimes without opportunity to notify the public in advance of such a decision. Staff agreed to notify board members when such closures become necessary.

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Mandatory Boater Education Rules In Development

Despite adoption by the 1999 Oregon Legislature more than a half year ago, boaters across the state are still surprised to find out about upcoming Mandatory Boater Education requirements. As a result, a steady stream of calls is still pouring into the Oregon State Marine Board phones and web site use has more than doubled in recent months with people seeking information on the program.

"We've had strong interest in the program," said Marty Law, Marine Board education program coordinator. "The key thing to know about this new law is that no identification cards will be required in 2000 or 2001. We are developing the rules to implement this program now and will take the draft out for public review this summer. The Board will set the rules to implement the program next fall."

Law provided an update on the rule making process to the Marine Board during their regular meeting Thursday, Feb. 17, in Salem. At the meeting, Law said rule development is going well with many key issues and details currently being explored. "We're trying to create a program that is easy to comply with, as unobtrusive as possible, but still provides the basic knowledge needed by boaters to operate safely and legally on Oregon waters."

Here are some other points Law made in his presentation:

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Oregon Boating Accidents Claim 16 Lives in 1999

Boating accidents claimed the lives of 16 people in Oregon in 1999. A total of 100 accidents were reported to the Oregon State Marine Board, down from 20 fatalities and 120 accidents in 1998.

According to the Marine Board, several common factors contributed to these fatalities, including failure to wear personal flotation devices and operating small craft in rough conditions.

Of the 16 fatalities:

"Sadly, most of these deaths would likely have been prevented if the victims had been wearing life jackets" said Marine Board Director Paul Donheffner. "Wearing PFDs continues to be the most effective step boaters can take to protect themselves on the water. Simply having them on board proved ineffective for most of these victims."

Most of the fatalities in 1999 involved small boats, including non-motorized craft such as canoes, kayaks and rafts. Small boats tip over easily and without warning, especially in rough water or rivers with swift currents, said Donheffner. "For example, in one drowning that occurred while crossing an ocean bar, the crafts capsized so quickly the boater didn't have time to grab the life jacket hanging on the seat. That's why we urge boaters to wear their life jackets at all times."

In another accident, a boater was wearing a PFD which was not buckled. Once the craft capsized, the PFD slipped off and the boater drowned. "It's not enough to be wearing a life jacket. You need to be sure it's the appropriate size and is buckled up," Donheffner noted.

This time of year officials are concerned about boaters' safety as rain and melting snow make for hazardous conditions on Oregon's waters. Boaters are encouraged to know the river conditions, check weather forecasts, be familiar with the river and always wear their life jacket and appropriate gear when boating.