250-016-0020
Definitions

(1) “Decal” is an identifying registration sticker or fabric tag visibly displayed on a vessel, vehicle, pack or other equipment.

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

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

(4) “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.

(5) “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.

(6) “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.

(7) “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.

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

(9) “Resident”, as it pertains to this division, is an individual who has physically resided in the State of Oregon for a period of not less than six consecutive months immediately prior to the date of submitting an application to be registered as an Outfitter and Guide in the State of Oregon.  Mere ownership of real property or payment of property taxes in the State of Oregon does not establish residency. A “resident” shall not hold or claim any resident privileges in any other state or country for any purpose.  Resident privileges include, but are not limited to:

(a) A valid state driver’s license;

(b) A state voter registration; or

(c) Filing of resident state income taxes.

(10) “Serious” violation is:

(a) A Felony or Class A, B or C misdemeanor conviction for a violation of any requirements listed in ORS 704.040(5) or any rules adopted pursuant to those Chapters; or

(b) An action that results in a fishing or hunting license or permit to be suspended, revoked, canceled or denied by the courts or by a state or federal agency with appropriate jurisdiction; or

(c) Any violation of the requirements in ORS 704.040(5)(b), or any rules adopted pursuant to those Chapters, while the guide was operating with a conditional registration.

(11) “Repeated” violation is:

(a) Any combination of three Class A, B, C or D infractions, or violations of ethical or professional standards in OAR 250-016-0060, during a five year period; or

(b) Any two felony or Class A, B or C misdemeanor convictions within a period of ten (10) years.

Statutory/Other Authority: ORS 704.040 & ORS 704.500
Statutes/Other Implemented: ORS 704.010
History:
OSMB 15-2018, amend filed 12/03/2018, effective 01/01/2019
OSMB 17-2016, f. 11-2-16, cert. ef. 1-1-17
OSMB 7-2015, f. 6-26-15, cert. ef. 7-1-15
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)(d), 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, and include the:

(a) Outfitter and Guide's name and address;

(b) Deleted employee’s full name; and

(c) Added employee’s full name, including residential address, and date of birth.

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

(5) Outfitter and Guides shall maintain records of all current employees' First Aid/CPR certifications for periodic review by the Marine Board.

Statutory/Other Authority: ORS 704.020 & ORS 704.500
Statutes/Other Implemented: ORS 704.020
History:
OSMB 9-2020, amend filed 05/21/2020, effective 06/01/2020
OSMB 15-2018, amend filed 12/03/2018, effective 01/01/2019
OSMB 9-2018, minor correction filed 07/19/2018, effective 07/19/2018
OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0031
Incident Reporting Requirements

(1) Notwithstanding OAR 250-010-0110, Outfitters and Guides shall notify the Marine Board within 48 hours for each incident resulting in:

(a) Death or disappearance of any person;

(b) Injury or illness of any person requiring medical treatment beyond minor first aid;

(c) Damage exceeding $500 to public, private, or guide property, excluding loss of or damage to personal-use items, or

(d) Emergency response from local, state or federal agency.

(2) The Marine Board will provide notification to the Outfitter and Guide if additional reporting is required.

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.500
History:
OSMB 3-2017, adopt filed 12/04/2017, effective 01/01/2018

250-016-0035
Registration Requirement

(1) The completed and signed application, with all required attachments and the fee required by ORS 704.020 must be submitted to the Marine Board. The required fee is nonrefundable. The required attachments are:

(a) A copy of the certificate of first aid and CPR training (American Red Cross or equivalent); or

(A) A copy of training and certification as an Emergency Medical Technician I, II or III; or

(B) A copy of licensure as a registered nurse or medical doctor.

(b) Certificate of insurance;

(c) Proof of surety bond or letter of credit, if applicable; and

(d) Copy of US Coast Guard Operator's license, if applicable.

(2) The first aid and CPR training certificate or medical license as defined in (1)(a)(A)(B) of this rule shall remain current. If the first aid and CPR training certificate or medical license expires, the Outfitter and Guide's registration is automatically suspended.

(3) The certificate of insurance shall:

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

(b) Reflect all insured business names; and

(c) Reflect the lawfully required insurance minimum amounts.

(d) Remain current. If the certificate of insurance expires, the Outfitter and Guide's registration is automatically suspended.

(4) 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.

(5) Applications for non-boating related outfitter and guide licenses issued between July 1 and December 31 of each year will expire on June 30 of the following year.

Statutory/Other Authority: ORS 704.500 & 704.020
Statutes/Other Implemented: ORS 704.020
History:
OSMB 17-2016, f. 11-2-16, cert. ef. 1-1-17
OSMB 7-2015, f. 6-26-15, cert. ef. 7-1-15
OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0036
Motorized Passenger Boat Operator's Certification

(1) An Outfitter and Guide or an employee of an Outfitter and Guide operating a motorized boat carrying passengers for hire on the waters of this state must possess a valid United States Coast Guard Operator’s license, or obtain a Motorized Passenger Boat Operator’s Certification.

(2) The Motorized Passenger Boat Operator’s Certification is valid for five years from the date of issuance.

(3) The following documentation must be submitted to the Marine Board at the time of application:

(a) Proof of completion of the Marine Board approved guide boat operator’s knowledge examination as defined in OAR 250-016-0038.

(b) Medical practitioner’s certification of completion of the Health Screening as defined in OAR 250-016-0038.

(c) Completion of pre-employment drug screening or proof of participation in a random drug screening program as defined in OAR 250-016-0038.

(4) No person shall employ any person to operate a motorized boat as an Outfitter and Guide or an employee of an Outfitter and Guide who does not possess a valid United States Coast Guard Operator’s license or is not certified as a Motorized Passenger Boat Operator in accordance with ORS 704.020, OAR 250-016-0036 and OAR 250-016-0038.

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.020
History:
OSMB 3-2017, adopt filed 12/04/2017, effective 01/01/2018

250-016-0038
Knowledge Examination, Health Screen, and Drug testing

(1) Guide Boat Operator’s Knowledge Examination:

(a) An examination must be completed every five years.

(b) The passing score is 75 percent.

(c) If the applicant fails the examination, they may retake it after a thirty (30) day waiting period.

(2) Health Screenings shall:

(a) Be of such scope to ensure that there are no conditions that pose significant risk of a sudden incapacitation or debilitating complication. This screening must also consider any condition requiring medication that impairs cognitive ability, judgment, or reaction time,

(b) Be based on Title 49 Code of Federal Regulations (CFR) part 391.41-391.49 as stated on 01/01/2016 (US Department of Transportation (DOT) requirements)) as the recommended guideline for health screening requirements and limitations, and

(c) Include documented proof of compliance from a medical practitioner certifying that the applicant’s health poses no significant risk as described in the Health Screening.

(3) If at any time there is any medical condition that could impair one’s ability to operate a boat, the individual must:

(a) Stop providing all Outfitter and Guide motorboat operations;

(b) Notify the Marine Board within 48 hours; and

(c) Submit documentation from a medical practitioner certifying that the applicant’s health poses no significant risk as described in the Health Screening prior to providing Outfitter and Guide boat operations.

(4) Drug testing program shall include:

(a) Pre-employment drug testing. Drug testing must be completed within 60 days prior to initial application for a Motorized Passenger Boat Operator’s Certification or prior to a renewal as an Outfitter and Guide or employee after a lapse in registration of one year or greater.

(b) Participation in a drug consortium. The consortium is defined as a service agent that provides or coordinates a variety of drug and alcohol testing programs including random testing.

(c) Testing for drug presence including cocaine, amphetamines, phencyclidine (PCP), and opiates. Title 49 CFR part 40 as established 01/01/2016 sets the predetermined levels which determine a test to be positive or negative for the presence of dangerous drugs.

(d) Testing procedures in accordance with Title 49 CFR part 40 as established on 01/01/2016. The analysis will be performed at laboratories certified and monitored by the Department of Health and Human Services (DHHS).

(5) Individuals receiving a verified positive, adulterated, or substituted drug test result must:

(a) Stop providing all Outfitter and Guide services.

(b) Notify the Marine Board within 48 hours.

(c) Successfully complete the following return-to-duty process:

(A) Submit to evaluation and treatment from a Substance Abuse Professional (SAP). SAP professional shall be as defined in Title 49 CFR part 40 as established on 01/01/2016.

(B) Provide documentation of compliance with the SAP recommendations to the Marine Board.

(C) Upon successful completion, submit proof of drug testing once a month for the next 12 months. The results of this screening shall be submitted to the Marine Board by the fifteenth day of each month.

(D) Desist from providing any Outfitter and Guide services until return to work approval is obtained from the Marine Board.

(d) Provide proof of compliance in the form of a letter from the service provider attesting to participation in a drug consortium.

(6) A violation of any of the provisions of this section shall result in a suspension, revocation or denial of an Outfitter and Guide registration and Motorized Passenger Boat Operator Certification.

(a) A violation of drug testing provisions shall include civil penalties not to exceed $500.

(b) Refusal to take a drug test, refusing to comply with SAP recommendations, or tampering with or attempting to alter a test shall result in an immediate revocation of an Outfitter and Guide registration and motorized passenger boat operator certification for up to 24 months.

(7) All associated costs of health and drug screening relating to the provisions of this section shall be the responsibility of the Outfitter and Guide or the Outfitter and Guide employee.

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.020
History:
OSMB 3-2017, adopt filed 12/04/2017, effective 01/01/2018

250-016-0040
Proof of Registration Compliance

(1) Outfitter and Guide registration certificate:

(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 certificate to the applicant. This registration certificate will contain the applicant's:

(A) Name and address;

(B) Registration number;

(C) Business name (if any) and

(D) Expiration date.

(b) A decal will be issued for each boat used in the Outfitter and Guide business with the following information:

(A) For motorized boats used on federally navigable waters, an oval decal shall show 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) 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.

(2) Duplicate Fees:

(a) An Outfitter and Guide may apply to the Marine Board for a duplicate registration certificate 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 registration certificate shall be carried at all times while providing outfitting or guiding services and shall be presented to any peace officer upon demand.

Statutory/Other Authority: ORS 704.500, ORS 704.020 & ORS 704.060
Statutes/Other Implemented: ORS 704.021 & ORS 704.060
History:
OSMB 15-2018, amend filed 12/03/2018, effective 01/01/2019
OSMB 2-2018, amend filed 02/13/2018, effective 03/01/2018
OSMB 17-2016, f. 11-2-16, cert. ef. 1-1-17
OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0041
Non-Resident Hunt Tag Program

(1) An Outfitter and Guide seeking to participate in the Oregon Department of Fish and Wildlife allocation of non-resident tags for Outfitter and Guides established under ORS 496.151 must be certified.

(2) To apply for the Non-Resident Hunt Tag Program, an Outfitter and Guide, must:

(a) Be a currently registered Outfitter Guide in good standing by the Oregon State Marine Board.  In order to be considered in good standing the applicant must:

(A) Have no prior Outfitter Guide registration suspension, revocation or denial, or wait three years past the expiration date of the last suspension, revocation or denial, and

(B) Have no prior conviction for a fish and wildlife offense for taking a game mammal in any state, or wait one year past the expiration date of the last conviction, and

(C) Not hold a current Outfitter Guide conditional status.            

(b) Provide verification that they have three (3) years hunting experience working as a registered Outfitter and Guide in Oregon, or submit a signed affidavit stating that they have three (3) years hunting experience working as an employee of an Outfitter and Guide registered in Oregon.

(c) Pass a written examination on the Outfitter and Guide program and Oregon Department of Fish and Wildlife laws and rules. The passing score is (75) seventy five percent.

(A) If the applicant fails the test, they may retake it after a thirty (30) day waiting period.

(B) If the applicant fails it a second time, the hunting certification for that year will be denied.

(C) Previous program participants with a lapse of Outfitter Guide registration of five years or longer are required to reapply and retake the test.

(d) Submit documentation from the issuing authority confirming that the applicant has applied for the necessary federal government permits (U.S. Forest Service, Bureau of Land Management), 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.

(e) Submit a copy of the federal government permits, private land leases or authorizations to the Marine Board prior to June 1 of the hunt year.

(3) Hunt Tag Program Certification Fees:

(a) A nonrefundable $75.00 certification application fee.

(b) An annual application renewal fee of $25.00.

(4) As a Non-Resident Hunt Tag Program participant:

(a) Certification may be denied for the following situations and time periods:

(A) Participants receiving an Outfitter Guide conditional status will be denied certification for one year.

(B) Convictions of a fish and wildlife offense for taking a game mammal in any state, illegal transfer of tags, or drawing tags without appropriate permits will result in the following:

(i) One year denial of certification for first offense;

(ii) Five years denial of certification for second offense; and

(iii) Lifetime denial of certification for third offense.

(b) Program participants shall be held responsible for their employees’ actions while under their direction or supervision.  Any employee convicted of a fish and wildlife offense for taking a game mammal in any state may result in the following:

(A) Employer receives a written warning for first offense;

(B) Employer receives one year program conditional status for second offense within 10 years; and

(C) One year denial of employer’s certification for third offense within 10 years.

Statutory/Other Authority: ORS 704.020, ORS 704.060 & ORS 704.500
Statutes/Other Implemented: ORS 704.060
History:
OSMB 15-2018, adopt filed 12/03/2018, effective 01/01/2019

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.

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.020 & 704.050
History:
OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0050
Process 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 will notify the outfitter and guide by registered letter of the agency’s decision to reprimand, suspend, revoke or deny for a period of up to 60 months the registration of an outfitter and guide for conduct noted in ORS 704.040(4).

(3) For the purpose of ORS 704.040(4)(a), convictions related to the provisions of services regulated by this chapter would be criminal offenses under ORS 163, 166, or 475.

(4) For the purpose of ORS 704.040(4)(b)and(4)(c), serious and repeated violation shall be defined by OAR 250-016-0020.

(5) 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.

(6) 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.

(7) 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.

Statutory/Other Authority: ORS 704.500 & ORS 704.040
Statutes/Other Implemented: ORS 704.040
History:
OSMB 15-2018, amend filed 12/03/2018, effective 01/01/2019
OSMB 10-2018, minor correction filed 07/19/2018, effective 07/19/2018
OSMB 7-2015, f. 6-26-15, cert. ef. 7-1-15
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.

Statutory/Other Authority: ORS 704.500 & 704.040
Statutes/Other Implemented: ORS 704.035 & 704.040
History:
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.

Statutory/Other Authority: ORS 830.110 & 704.040
Statutes/Other Implemented: ORS 704.040
History:
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.

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.020
History:
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.

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.040
History:
OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0075
Safety and Equipment Requirements for Whitewater River Outfitter and Guides

(1) Registered Outfitters and Guides who carry passengers for consideration 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 on a commonly accepted scale of river difficulty.

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

(a) Be approved by the U.S. Coast Guard as a wearable personal flotation device.

(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.

(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.

(4) To meet requirements of ORS 704.070(1)(e), helmets made available to passengers must meet the CE EN (European Committee for Standardization) 1385 standard. Helmets are considered to be available when the Outfitter and Guide:

(a) Sells or rents helmets, or otherwise causes the availability of helmets, at or near the watercraft rental location; or

(b) Provides notification to potential customers that Class III or higher waters will be encountered and allows the customer to decline the offer of a helmet verbally or in writing, or to otherwise obtain a helmet for use during the activity.

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.070
History:
OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020
OSMB 11-2019, amend filed 11/26/2019, effective 01/01/2020
OSMB 3-2017, amend filed 12/04/2017, effective 01/01/2018
OSMB 15-2011, f. & cert. ef. 11-1-11

250-016-0076
Safety and Equipment Requirements for Non-Boating Guides

(1) All non-boating Outfitter and Guides shall possess the following safety equipment while performing guiding services:

(a) First aid kits shall be in accordance with Title 29 Code of Federal Regulations (CFR) 1910.151, American National Standard (ANSI) Z308.1-2015, as established on 01/01/2016, or the National Outdoor Leadership (NOLS) Med Kit 2.0 as listed on 03/21/2017.

(A) First aid kit contents shall be based on the guide’s training, group size and shall be appropriate for the activity provided.

(B) First aid kits must be stored in a box or container and clearly marked as “First-Aid Kit.”

(b) A communication device capable of sending an emergency distress signal and appropriate for the area of operation.

(c) Acceptable devices include but are not limited to:

(A) Personal Location Beacon (PLB);

(B) Satellite Telephone;

(C) VHF Radio or equivalent; or

(D) Cellular Telephone

(2) If operating in a wilderness area a guide shall have a functioning global positioning device and topographical maps appropriate for the area of operation.

(3) For groups with multiple guides, the above requirements may be met by possession one first aid kit, one emergency communication device and one global positioning device per group.

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.500
History:
OSMB 3-2017, adopt filed 12/04/2017, effective 01/01/2018

250-016-0077
Safety and Equipment Requirements for Inland Outfitter and Guide Boats

(1) Boats operating on sole state waters shall not exceed designed seating capacity unless certified by a United States Coast Guard Certificate of Inspection, the National Association of Marine Surveyors (NAMS) or the Society of Marine Surveyors (SAMS). The seating capacity will include the total number of passengers and crew.

(2) Each boat shall carry on board an approved first aid kit.

(a) First aid kits shall be in accordance with Title 29 Code of Federal Regulations (CFR) 1910.151, American National Standard (ANSI) Z308.1-2015, as established on 01/01/2016, or the National Outdoor Leadership (NOLS) Med Kit 2.0 as listed on 03/21/2017.

(b) First aid kits shall be based on the guide’s training and shall be appropriate for the activity and environment.

(c) Kits must be stored in a waterproof contained and clearly marked as “First Aid Kit”.

(d) Non-motorized boats traveling in a group, the above requirement may be met by possessing one first aid kit.

(3) Each boat must possess and have readily available one wearable personal flotation device of the appropriate size for each passenger and crew.

(a) Each boat carrying five or more passengers shall have one spare wearable personal flotation device. Boats less than 17 feet in length are exempted from this requirement.

(b) On river sections rated as Class III or higher on a commonly accepted scale of river difficulty, all employees and passengers are required to wear a properly secured personal flotation device. The personal flotation devices used on those sections of river must:

(A) Be approved by the U.S. Coast Guard as a wearable 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.

(4) Each boat must possess a readily accessible throwable personal flotation device, life ring or throw bag with 40 feet of line.

(5) Each boat shall have an effective means of dewatering.

(a) Motorized boats shall have on board an adequate fixed power bilge pump, a bilge alarm, and a bailing bucket or manual bilge pump per Title 46 CFR 182.520 as established on 01/01/2016.

(b) Motorized boats of open construction where the bilge is readily visible, a fixed power bilge pump and bilge alarm are not required.

(c) Non-motorized boats not of self-bailing design shall have on board an adequate bailing bucket or manual bilge pump.

(d) Non-motorized boats of self-bailing design and boats with watertight closures are exempt from this requirement.

(6) Each motorized boat shall have on board no less than one fire extinguisher in each operating station, machinery space, accommodation space and galley, pantry or concession per the table on Title 46 CFR 25.30-20 as established on 01/01/2016.

(7) Each boat shall carry a communication device capable of sending an emergency distress signal and shall be appropriate for the area of operation.

(a) Acceptable devices include but are not limited to:

(A) Personal Locator Beacon;

(B) Satellite Telephone;

(C) Marine VHF Radio or equivalent; or

(D) Cellular Telephone.

(b) For non-motorized boats traveling in a group, the above requirement may be met by possessing one communication device.

(8) Each motorized boat shall be equipped with a suitable magnetic compass designed for marine use.

(9) All boats are required to have one spare oar or paddle capable of maneuvering the boat on board.

(a) Non-motorized boats less than 17 feet in length are exempt from this requirement.

(b) For non-motorized boats 17 feet or longer traveling in a group, the above requirement may be met by the group possessing one spare oar or paddle per group.

(10) All closed compartments containing personal flotation devices, first aid kits and fire extinguishers shall be clearly labeled with their content, as follows:

(a) One inch high block letters indicating what the compartment contains;

(b) Be of a color that will contrast with the color of the background, and

(c) Be clearly visible and legible.

(11) Each motorized boat shall be equipped with a sound signaling appliance. The appliance shall be a horn, bell or whistle capable of making an efficient sound.

Statutory/Other Authority: ORS 704.500
Statutes/Other Implemented: ORS 704.070
History:
OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020
OSMB 3-2017, adopt filed 12/04/2017, effective 01/01/2018

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.

Statutory/Other Authority: ORS 704.500 & 704.025
Statutes/Other Implemented: ORS 704.025
History:
OSMB 4-2014, f. & cert. ef. 1-15-14
OSMB 15-2011, f. & cert. ef. 11-1-11

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.

Statutory/Other Authority: ORS 704.500 & 704.025
Statutes/Other Implemented: ORS 704.025
History:
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.

Statutory/Other Authority: ORS 830.110 & 704.500
Statutes/Other Implemented: ORS 704.525
History:
OSMB 4-2014, f. & cert. ef. 1-15-14

250-016-0095
Civil Penalties, Procedures

(1) When the State Marine Board proposes to impose a civil penalty for failure to comply with ORS 704.020, 704.021, 704.065, or 704.070, or for violation of ORS 704.030, the penalty shall be imposed pursuant to ORS 183.745.

(2) If a hearing is requested, the hearing shall be conducted as a contested case hearing through the Office of Administrative Hearings pursuant to the applicable provisions of ORS 183.411 to 183.470.

(3) A Marine Board employee is authorized to appear on behalf of the Marine Board in a hearing or in a class of contested hearings as provided by OAR 250-001-0035.

Statutory/Other Authority: ORS 183 & 704
Statutes/Other Implemented: ORS 183 & 704
History:
OSMB 17-2016, f. 11-2-16, cert. ef. 1-1-17

250-016-0100
Schedule of Civil Penalties

(1) Penalties for first violations of ORS 704.020, 704.021, 704.030, or 704.065 are $200 per violation.

(2) The penalty for the first violation of 704.070 is $250.

(3) Penalties for violations of ORS 704.020, 704.021, 704.030, or 704.065, when a person has previously been found guilty of a violation of ORS 704.020, 704.021, 704.030, or 704.065, are $400 per violation.

(4) The penalty for a violation of 704.070, when a person has previously been found guilty of a violation of ORS 704.020, 704.021, 704.030, 704.065, or 704.070, is $500.

Statutory/Other Authority: ORS 704.500 & 704.900
Statutes/Other Implemented: ORS 704.900
History:
OSMB 17-2016, f. 11-2-16, cert. ef. 1-1-17