250-015-0001
Definitions

As used in this Division:

(1) “Approved” means those items accepted and formally approved for use by the U.S. Coast Guard.

(2) “Open Boat(s)” means motorboats with engine and fuel tank compartments and other spaces so constructed as to be open to the atmosphere thereby preventing entrapment of flammable gases.

(3) “Passenger Vessel” has the meaning prescribed in Title 46.70.10-1 of the Code of Federal Regulations (CFR), effective January 1, 2014.

(4) “Small Passenger Vessel” has the meaning prescribed in Title 46.170.055(y) of the Code of Federal Regulations (CFR), effective January 1, 2014.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.430 - 830.460
History:
OSMB 11-2021, amend filed 12/20/2021, effective 01/01/2022
OSMB 4-2017, amend filed 12/04/2017, effective 01/01/2018
OSMB 5-2014, f. & cert. ef. 1-15-14
Reverted to MB 6-1989, f. 12-20-89, cert. ef. 1-1-90
OSMB 4-2008(Temp), f. & cert. ef. 5-7-08 thru 10-31-08
MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

250-015-0002
Applicability

(1) This division is applicable to all charter boats, carrying passengers for hire, on waters of this state.

(2) The rules in this Division are in addition to and not in lieu of any other applicable federal laws or regulations.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.430 - 830.460
History:
OSMB 5-2014, f. & cert. ef. 1-15-14
MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

250-015-0004
Optional Charter Licensing for Uninspected Passenger Vessels

A boat carrying fewer than seven passengers for hire for angling, sightseeing, or other recreational purposes may be issued a charter boat license if the boat owner completes the charter boat application process and satisfies requirements for charter boats operating on sole state waters laid out in 250-015-0035(5).

Statutory/Other Authority: ORS 830.430
Statutes/Other Implemented: ORS 830.430
History:
OSMB 6-2022, amend filed 10/06/2022, effective 10/06/2022
OSMB 11-2021, adopt filed 12/20/2021, effective 01/01/2022

250-015-0005
License Application and Fees

(1) An owner shall make application to the Board by completing and signing the Charter Boat License application as provided by the Board.

(2) The applicant must certify in the space provided that the boat complies with the equipment requirements established by the Board.

(3) The completed application must be accompanied by copies of:

(a) The current U.S. Coast Guard “Certificate of Inspection” (if an inspected boat); or

(b) Documents prescribed in OAR 250-015-0035.

(4) The charter boat operator must be in possession of a valid USCG Operators License appropriate for the area of operation.

(5) Upon approval of the application a charter boat license, decal and validation sticker shall be provided to the applicant:

(a) The Oregon charter boat license issued shall identify the applicant, the boat, whether or not the boat operates on sole state waters or within 20 or less miles from shore, the license expiration and such other items as deemed appropriate by the Board. It shall be carried on board and made available upon demand of a peace officer;

(b) The charter boat decals shall be of such size and color as designated by the Board and shall be displayed in any visually unobstructed location on the boat’s port and starboard cabin sides or windows, or in the case of an open boat, at or near the operator's position, port and starboard, in as highly visible a location as possible. The validation sticker shall be affixed to this decal in the space provided.

(6) A Charter Boat license may be issued either as an annual or biennial license. The fee for a two-year biennial license is double the amount of an annual license fee as described in ORS 830.440(3).

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.430 - 830.460
History:
OSMB 11-2021, amend filed 12/20/2021, effective 01/01/2022
OSMB 14-2016, f. 10-27-16, cert. ef. 11-1-16
OSMB 5-2014, f. & cert. ef. 1-15-14
MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

250-015-0006
Reciprocity Provisions for Charter Boats on the Columbia River

(1) The purpose of this rule is to implement reciprocity between Oregon and Washington regarding the licensing of charter boats on the Columbia River downstream of the bridge at Longview, Washington. 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 when carrying passengers for hire for angling, sightseeing or other recreational purposes on licensed charter boats.

(2) The reciprocity provisions of this rule and the reciprocity provisions adopted by 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 charter boat is licensed.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 704.025 & 830.435
History:
OSMB 5-2014, f. & cert. ef. 1-15-14
OSMB 3-2007, f. & cert. ef. 3-21-07

250-015-0008
License Transfer, Cancellation or Suspension

(1) When a licensed charter boat is sold or otherwise transferred to new ownership the former owner(s) must notify the Board within 15 days of such ownership change by completing the license transfer portion of the charter boat license and submitting it to the Board with the application.

(2) The license transfer portion shall contain such information as is needed to determine whether the valid charter boat license:

(a) Is transferred to the new owner upon sale or transfer of the boat;

(b) Remained with the former owner and will be assigned to a replacement boat; and

(c) The identifying number of such replacement boat.

(3) It shall be the responsibility of the former owner to remove or have removed the assigned charter boat license decals and validation stickers when the license is not transferred with the boat.

(4) Upon determination of the license disposition a new or replacement license will be issued to the appropriate licensee.

(5) A charter boat license may be suspended when a licensee fails to maintain, in full force and effect, the required liability insurance.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.430 - 830.460
History:
OSMB 5-2014, f. & cert. ef. 1-15-14
MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

250-015-0009
Incident Reporting Requirements

(1) Notwithstanding OAR 250-010-0110, operators shall notify the Marine Board of all Charter Boat incidents.

(2) Notification shall be made 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 charter operator property, excluding loss of or damage to personal-use items; or

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

(3) The Marine Board will provide instruction to the operator if additional reporting is required.

Statutory/Other Authority: ORS 830.437
Statutes/Other Implemented: ORS 830.437 & ORS 830.450
History:
OSMB 4-2017, adopt filed 12/04/2017, effective 01/01/2018

250-015-0010
Equipment Requirements for Charter Boats and Charter Guides

(1) The following requirements apply to Charter Boats operating on US navigable waters:

(a) Navigation Lights as prescribed in Title 33 CFR 83.20 – 83.31 of the Code of Federal Regulations (CFR), effective 01/01/2016.

(b) Personal Flotation Devices as prescribed in Title 46 CFR 180.71 – 180.72, effective 01/01/2016.

(c) Life Jacket Lights as prescribed in Title 46 CFR 180.75, effective 01/01/2016.

(d) Visual Distress Signals as prescribed in Title 46 CFR 180.68, effective 01/01/2016.

(e) Distress Signals Storage as prescribed in Title 46 CFR 185.614, effective 01/01/2016.

(f) Sound Signals as prescribed in Title 33 CFR 86.33, effective 01/01/2016.

(g) Survival Craft as prescribed in Title 46 CFR 180.200, effective 01/01/2016.

(h) Life Saving Equipment Markings as prescribed in Title 46 CFR 185.604, effective 01/01/2016.

(i) Merchant Marine Credential (MMC) as prescribed in Title 46 CFR 15.401, effective 01/01/2016.

(j) Charts and Publications as prescribed in Title 46 CFR 130.330, effective 01/01/2016.

(k) First Aid Kits as prescribed in Title 46 CFR 184.710, effective 01/01/2016.

(l) EPIRB as prescribed in Title 46 CFR 180.64, effective 01/01/2016.

(m) Life Ring Buoys as prescribed in Title 46 CFR 180.70, effective 01/01/2016.

(n) Fire Extinguishers as prescribed in Title 46 CFR 181.500 to 181.520, effective 08/22/2016.

(o) Bilge Pumps as prescribed in Title 46 CFR 182.520, effective 01/01/2016.

(p) Bilge High Level Alarm as prescribed in Title 46 CFR 182.530, effective 01/01/2016.

(q) Ground Tackle and Mooring Lines as prescribed in Title 46 CFR 184.300, effective 01/01/2016.

(r) Compasses as prescribed in Title 46 CFR 184.402, effective 01/01/2016.

(s) Radar as prescribed in Title 46 CFR 184.404, effective 01/01/2016.

(t) Passenger Safety Orientation as prescribed in Title 46 CFR 185.506 effective 01/01/2016.

(u) Electronic Position Fixing as prescribed in Title 46 CFR 184.410, effective 01/01/2016.

(v) Emergency Instructions Placard as prescribed in Title 46 CFR 185.510, effective 01/01/2016.

(w) Vessel Radio Equipment as prescribed in Title 47 CFR 80.905(a)(1) & (2), effective 01/01/2016.

(2) Any discrepancies with the equipment requirements as outlined in (1)(a)-(w) are satisfied in favor of the Titles and Parts of the Code of Federal Regulations (CFR) as stated on 01/01/2016.

(3) The following requirements apply to Charter Guides defined in ORS 704.010(1) operating on US navigable waters:

(a) Navigation Lights as prescribed in Title 33 CFR 83.20 – 83.31, effective 01/01/2016.

(b) Sound Signals as prescribed in Title 33 CFR 83.33, effective 01/01/2016.

(c) Visual Distress Signals as prescribed in Title 46 CFR 25.25.19, effective 01/01/2016.

(d) MMC Employment and Service as prescribed in Title 46 CFR 15.401, effective 01/01/2016.

(e) Personal Flotation Devices as prescribed in Title 46 CFR 25.25-5, effective 01/01/2016.

(f) Personal Flotation Device Lights as prescribed in Title 46 CFR 25.25-13, effective 01/01/2016.

(g) Retroreflective Material for Personal Flotation Devices as prescribed in Title 46 CFR 25.25-15, effective 01/01/2016.

(h) Life Ring as prescribed in Title 46 CFR 25.25-5(b)(3), effective 01/01/2016.

(i) Lifesaving equipment accessibility as prescribed in Title 46 CFR 25.25-9(b), effective 01/01/2016.

(j) Fire Extinguishers as prescribed in Title 46 CFR 25.30-1 to 25.30-80 , effective 01/18/2017.

(k) Backfire Flame Control as prescribed in Title 46 CFR 25.35-1, effective 01/01/2016.

(l) Ventilation as prescribed in Title 46 CFR 25.40, effective 01/01/2016.

(m) Safety Orientation as prescribed in Title 46 CFR 26.03-1, effective 01/01/2016.

(n) Emergency Instructions Placard as prescribed in Title 46 CFR 26.03-2, effective 01/01/2016.

(o) Charts and Publications as prescribed in Title 46 CFR 26.03-4, effective 01/01/2016.

(p) Exhibition of MMC as prescribed in Title 46 CFR 26.20-1, effective 01/01/2016.

(4) Any discrepancies with the equipment requirements as outlined in (3)(a)-(p) are satisfied in favor of the Titles and Parts of the Code of Federal Regulations (CFR) as stated on 01/01/2016.

Statutory/Other Authority: ORS 830.437, ORS 830.450 & ORS 830.420
Statutes/Other Implemented: ORS 830.450
History:
OSMB 6-2020, amend filed 05/21/2020, effective 06/01/2020
OSMB 4-2017, amend filed 12/04/2017, effective 01/01/2018
OSMB 5-2014, f. & cert. ef. 1-15-14
OSMB 3-2005, f. & cert, ef, 1-24-05
MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

250-015-0012
Safety and Equipment Requirements for Charters on Sole State Waters

(1) Boats operating on sole state waters shall not exceed designed seating capacity unless certified by a United States Coast Guard (USCG) Certificate of Inspection, the National Association of Marine Surveyors (NAMS), or the Society of Marine Surveyors (SAMS). The seating capacity includes 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 46 CFR 160.054 as established on 01/01/2016.

(b) Kits must be stored in a waterproof container and clearly marked as “First-Aid Kit”.

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

(a) Each boat carrying five or more passengers shall have one spare personal flotation device.

(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 device must;

(A) Be approved for use on whitewater rivers per the label.

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

(4) Each boat shall have on board and immediately available one USCG approved throwable life ring buoy. A throw bag with 40 feet of line may be carried in lieu of this requirement.

(5) Each boat shall have on board at least one paddle or oar.

(6) Each boat shall have on board an adequate power bilge pump and a bailing bucket or manual bilge pump. Bilge pumps shall be in accordance with Title 46 CFR 182.520 as established on 01/01/2016.

(7) Each 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 46 CFR 25.30-20 as established on 01/01/2016.

(8) Each boat shall carry a communication device capable of sending an emergency distress signal.

(a) The device shall be appropriate for the area of operation.

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

(A) Personal Locator Beacon (PLB);

(B) Satellite Telephone;

(C) Marine VHF Radio; or

(D) Cellular Telephone.

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

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

(a) One (1) inch high block letters indicating what the closed 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 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 830.437, ORS 830.450 & ORS 830.420
Statutes/Other Implemented: ORS 830.450
History:
OSMB 11-2021, amend filed 12/20/2021, effective 01/01/2022
OSMB 4-2017, adopt filed 12/04/2017, effective 01/01/2018

250-015-0018
Depth Finder

An installed (not portable), functioning depth finding unit shall be at or near the vessel’s primary steering station. The equipment shall provide an adequate range of depth scales allowing the operator to select scales that provide ample safety warning of abrupt ocean bottom contour changes.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.450
History:
MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

250-015-0022
Navigation Equipment

Each vessel shall have installed a RADAR or a GLOBAL POSITIONING SYSTEM (GPS) navigation system. It shall be capable of providing the operator with rapid, reliable vessel positioning information. Portable or hand-held GPS is allowable on uninspected vessels less than 26 feet of open construction as an alternative means of compliance.

Statutory/Other Authority: ORS 830.110 & 830.175
Statutes/Other Implemented: ORS 830.450
History:
OSMB 5-2014, f. & cert. ef. 1-15-14
MB 5-1994, f. & cert. ef. 4-28-94
MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

250-015-0026
Light/Smoke Flares

Vessels operating in ocean or coastal waters and bays/rivers, with an opening to the seas of 2 miles or more, are required to carry light and or smoke flares as follows:

(1) One electronic distress light, or 3 approved flares; and

(2) One distress flag or 3 approved flares or 3 approved smoke signals.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.430 - 830.460
History:
OSMB 5-2014, f. & cert. ef. 1-15-14
OSMB 3-2005, f. & cert, ef, 1-24-05

250-015-0035
Charter Boats Operating on Sole State Waters

(1) A Charter boat may not be operated on sole state waters unless the vessel is:

(a) Licensed by the US Coast Guard and is operated within the specifications of the vessel’s Certificate of Inspection; or

(b) Licensed as a Charter boat by the Oregon State Marine Board.

(c) Operated by a USCG-licensed mariner with an Operator’s License appropriate to the type of operation conducted.

(2) A Charter License will not be issued until the following documents, in addition to the charter boat application documents, have been provided and approved by the Marine Board:

(a) A Marine Survey conducted by a person certified by the National Association of Marine Surveyors (NAMS) or accredited by the Society of Marine Surveyors (SAMS).

(A) The Marine Survey must be complete as per NAMS or SAMS professional standards.

(B) Marine Survey will be completed out of water except by special exemption of the Board and must include a sea trial.

(C) All issues, problems, concerns or recommendations noted in the Marine Survey must be addressed to the satisfaction of the Surveyor before the Marine Board can approve the Marine Survey.

(D) Marine Survey report shall include internal and external pictures of the vessel, its machinery and furnishings.

(b) A stability test and capacity designation signed by a certified Naval Architect who is a registered professional engineer, except as provided in paragraphs (2)(b)(A) and (2)(b)(B) of this section.

(A) The stability test may be dispensed with, or a deadweight survey may be substituted for the stability test, if the Marine Board has a record of, or is provided with, the approved results of a stability test of a sister vessel.

(B) The stability test of a vessel may be dispensed with if the Marine Surveyor determines that an accurate estimate of the vessel's lightweight characteristics can be made and that locating the precise position of the vessel's vertical center of gravity is not necessary to ensure that the vessel has adequate stability in all probable loading conditions.

(3) The Marine Survey for a Charter License must be successfully completed every three years before a new charter license will be issued.

(4) A dock-side inspection will be conducted annually by a Marine Board designated law enforcement officer to ensure the vessel complies with life jacket, sound-making device, fire extinguisher and vessel lighting requirements.

(5) Before getting underway on a voyage or as soon as practicable thereafter, the operator of a Charter boat shall ensure that suitable public announcements are made informing all passengers of the following:

(a) The location of emergency exits, survival craft embarkation areas, and life ring buoys;

(b) The stowage location(s) of life jackets;

(c) The proper method of donning and adjusting life jackets of the type(s) carried on the vessel including a demonstration of the proper donning of a life jacket;

(d) The location of the instruction placards for life jackets and other lifesaving devices; and

(e) That all passengers will be required to don life jackets when possible hazardous conditions exist as directed by the operator.

Statutory/Other Authority: ORS 830.110
Statutes/Other Implemented: ORS 830.430 - 830.460
History:
OSMB 11-2021, amend filed 12/20/2021, effective 01/01/2022
OSMB 5-2014, f. & cert. ef. 1-15-14