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Oregon Bulletin

February 1, 2012

 

Oregon State Marine Board
Chapter 250

Rule Caption: Clarification of rule language exempting commercial vessels from slow-no-wake in Holgate Channel.

Adm. Order No.: OSMB 17-2011(Temp)

Filed with Sec. of State: 12-22-2011

Certified to be Effective: 1-1-12 thru 5-28-12

Notice Publication Date:

Rules Amended: 250-020-0280

Rules Suspended: 250-020-0280(T)

Subject: This rule action will remove an overly broad exemption for commercial vessels which is not statutory allowed in ORS 830.015.

Rules Coordinator: June LeTarte—(503) 378-2617

250-020-0280

Boat Operations in Multnomah County

(1) No person shall operate a boat in excess of 5 MPH:

(a) In North Portland Harbor (Oregon Slough):

(A) From the east end of North Portland Harbor (Oregon Slough) to a point 800 yards west of the Burlington Northern Railroad Bridge, as marked;

(B) Within 200 feet of a launching ramp, moorage or houseboat from the east end of North Portland Harbor (Oregon Slough) eastward along the south shore to the Lower Airport wing dike.

(b) Within 300 feet of the entrance to and in Rooster Rock boat channel;

(c) Within 200 feet of west shore, as buoyed, between the southern boundary of Willamette Park Launch Ramp and the northern boundary of the Willamette Sailing Club;

(d) Within Hayden Bay. The Bay is considered to be all waters south and west of a line 200 feet north of the Northeast point of Hayden Island and 200 feet north of the Northwest point of Tomahawk Island as marked;

(e) Within 200 feet of the Oregon Yacht Club floating home moorage as buoyed (a distance of approximately 1,5000 feet);

(f) Within 200 feet of houseboat moorages in the Government Island South Channel;

(g) No person shall operate a boat in excess of a maximum 5 MPH, “Slow-No Wake” speed on the Columbia River south of the buoys along the northern shore of Government Island in the waters adjacent to the I-205 Bridge, commonly referred to as Commodore’s Cove, as marked;

(h) Within 100 feet of the Landing Boat Club at RM 15, Willamette River.

(2) No person shall operate a watercraft in excess of slow-no-wake in:

(a) The Ross Island Lagoon; and

(b) The Holgate Channel from a line extending northeast from the north side of the Ross Island Lagoon mouth to the east side of the channel, and to a line extending from the southern (upstream) tip of Ross Island due south to the Oregon Yacht Club.

(c) This restriction does not apply to:

(A) Federally documented commercial vessels required to be inspected under Federal law, including those operated for sand and gravel operations, with the exception of passenger vessels of less than 100 gross tons, which are subject to the restriction;

(B) Safety launches while accompanying an organized rowing or paddling program, club or school.

(3) No person shall operate a boat in excess of a maximum 5 MPH, “Slow — No Wake” speed on the Columbia River within 300 feet of shore between the Big Eddy Wing dike and the wing dike east of the entrance to the Chinook Landing boat Basin and within the Chinook Landing Boat Basin, as marked.

(4) A “pass-through” zone is established in the south channel of the Columbia River, adjacent to McGuire Island between the east end of Big Eddy Marina and the west end of McGuire Point Marina as marked.

(a) No person shall operate a motorboat pulling a water skier or towed device in this zone.

(b) No person shall operate a personal watercraft, as defined in OAR 250-021-0020, in continuous operation above 5 MPH in this area, except to transit directly through this zone.

(c) No person shall operate any motorboat in excess of slow-no wake maximum 5 MPH speed within 200 feet of any houseboat moorage within the “pass-through” zone.

(5) No person shall operate a boat in excess of 3 MPH in Rooster Rock Boat Basin.

(6) The following locations are designated racing motorboat testing areas:

(a) On the Willamette River in Swan Island Lagoon. Testing is limited to the hours of 3–6 p.m. on Thursdays, Fridays, and Saturdays;

(b) On the Columbia River between the county launching ramp at 43rd Street and Buoy #18 (NOS Chart #18531). Testing is limited to the hours of 8 a.m.–12 noon, Tuesday through Friday.

(7) No person shall operate a motorboat on Benson Lake.

(8) No person shall operate a boat for any reason within any restricted area at any time without first obtaining permission from the District Engineer, Corps of Engineers, U.S. Army, or his duly authorized representative.

(9) At Bonneville Dam.

(a) The Waters restricted to only Government vessels are described as all waters of the Columbia River and Bradford Slough within 1,000 feet above and 2,000 feet below the powerhouse. The restricted areas will be designated by signs;

(b) No person shall operate a boat, including a commercial recreational tour boat subject to inspection and licensing by the U.S. Coast Guard, within the Boating Restricted Zone located below Bonneville lock and dam bounded by a line commencing from the westernmost tip of Robins Island on the Oregon side of the Columbia River and running at a South 65 degrees West direction a distance of approximately 2100 feet to a point 50 feet upstream of the Hamilton Island Boat Ramp on the Washington side of the Columbia River, as marked.

(10) No person shall operate or anchor a boat in the following described zone in Oregon Slough (North Portland Harbor):

(a) Commencing at the northwesterly corner of that tract of land described in a Bargain and Sale Deed to RHODIA, Inc., recorded as Document No. 98028586, Multnomah County Deed Records; Thence, along the northeasterly line of said tract, S 47°46’ E, 513.54 feet to the northwest corner of the Alexander Brown Donation Land Claim; Thence, along the north line of said Claim S 48°30’ E, 764.51 feet to the POINT OF BEGINNING of the SITE AREA being described herein; Thence, N 29°58’25” E, 133.84 feet; Thence, S 62°44’22” E, 461.47 feet; Thence, S 29°58’25” W, 227.76 feet to the northeasterly line of said tract; Thence, along said northeasterly line, N 61°15’ W, 60.85 feet; Thence, along said northeasterly line, N 52°30’ W, 115.5 feet; Thence, along said northeasterly line, N 48°30’ W, 291.49 feet to the POINT OF BEGINNING as marked.

(b) This area of land contains 2.0 acres (87,008 sq. Ft.), more or less.

(c) The intent of this description is to describe a line that surrounds the limits of the sediment cap location, plus a buffer zone.

(d) Bearings based on Document No. 98028586, Multnomah County Deed Records.

(11) No person shall anchor a boat at approximately River Mile 7 of the Willamette River in Multnomah County described in Department of State Lands Easement No. 31530-EA, Exhibit A — Legal Description — Permanent Easement.

(12) No person shall operate a boat in the Willamette River:

(a) Beginning June 15, 2011, in the area beneath the temporary construction bridges or lifting cranes used for construction of the Portland-Milwaukie Light Rail Bridge near river mile 13.8.

(b) In excess of 5 MPH Slow-No-Wake as marked 500 feet upriver and 500 feet downriver from the centerline of the bridge construction project from June 15, 2011 to December 31, 2012.

(c) Beginning December 1, 2011, in the area of the Sellwood Bridge Construction Project, from approximately 375 feet from the west river bank and 200 feet upstream and downstream of the bridge measured at the bridge centerline; and about 420 feet from the east river bank and about 200 feet upstream and downstream of the bridge measured at the bridge centerline.

(d) In excess of 5 mph Slow-No-Wake as marked 500 feet upriver and 500 feet downriver from the centerline of the Sellwood Bridge construction project, beginning December 1, 2011.

Stat. Auth.: ORS 830

Stats. Implemented: ORS 830.175

Hist.: MB 23, f. 9-24-63; MB 26, f. 7-20-64; MB 51, f. 5-3-73, ef. 5-15-73; MB 61, f. 7-26-74, ef. 7-26-74(Temp) & 8-25-74(Perm); Renumbered from 250-020-0155; MB 10-1982, f. 10-13-82, ef. 10-15-82; MB 12-1982, f. 12-29-82, ef. 12-31-82; MB 6-1983, f. 9-28-83, ef. 10-3-83; MB 17-1984, f. & ef. 12-3-84; MB 6-1985, f. & ef. 2-5-85; MB 10-1985, f. & ef. 4-24-85; MB 15-1985, f. 10-18-85, ef. 10-21-85; MB 20-1987, f. 11-4-87, ef. 11-15-87; MB 5-1990, f. & cert. ef. 7-19-90; MB 11-1992, f. & cert. ef. 9-16-92; MB 2-1993, f. & cert. ef. 2-3-93; MB 13-1996, f. & cert. ef. 12-4-96; OSMB 7-1998(Temp), f. & cert. ef. 5-19-98 thru 11-15-98; OSMB 7-1999, f. & cert. ef. 6-18-99; OSMB 2-2005, f. & cert. ef. 1-20-05; OSMB 8-2006, f. & cert. ef. 10-12-06; OSMB 3-2009, f. 10-21-09, cert. ef. 1-1-10; OSMB 4-2011, f. 3-7-11, cert. ef. 5-25-11; OSMB 8-2011, f. 4-25-11, cert. ef. 6-1-11; OSMB 9-2011(Temp), f. 5-13-11, cert. ef. 6-15-11 thru 10-31-11; Administrative correction, 11-18-11; OSMB 16-2011(Temp), f. 11-22-11, cert. ef. 12-1-11 thru 5-28-12; OSMB 17-2011(Temp), f. 12-22-11, cert. ef. 1-1-12 thru 5-28-12

 

Rule Caption: Clarification to rule language for BUII Qualification and Training.

Adm. Order No.: OSMB 18-2011(Temp)

Filed with Sec. of State: 12-22-2011

Certified to be Effective: 12-22-11 thru 6-18-12

Notice Publication Date:

Rules Amended: 250-010-0440

Subject: This action will remove the reference of the Director’s authority in the Qualification and Training of Breath Test Equipment Operators rule. This authority remains with the Board.

Rules Coordinator: June LeTarte—(503) 378-2617

250-010-0440

Qualifications and Training of Breath Test Equipment Operators

(1) No individual shall operate approved breath testing equipment to determine the alcohol content of the blood of a person in accordance with the provisions of ORS 830.535 unless that individual has been issued a permit to operate such equipment by the Oregon State Police or the Board.

(2) To qualify for training in the operation of approved breath testing equipment, an individual must be a police officer as defined under ORS 181.610 or a technician of the Marine Board, or a technician of the Oregon State Police:

(3) Upon request of the administrative head of a city, port or county law enforcement unit, as defined in ORS 181.610, the Oregon State Police, or the Board will provide training in the operation of approved breath test equipment for individuals qualified under OAR 250-010-0440.

(4) The Oregon State Police or the Board will provide a course of instruction as outlined in OAR 257-030-0160.

Stat. Auth.: ORS 830.110 & 830.505 - 830.550

Stats. Implemented: ORS 830.535

Hist.: MB 2-1992, f. & cert. ef. 3-13-92; MB 4-1995, f. & cert. ef. 7-14-95; OSMB 14-2011, f. & cert. ef. 11-1-11; OSMB 18-2011(Temp), f. & cert. ef. 12-22-11 thru 6-18-12

 

Rule Caption: Rule procedures for the Adopt-A-River program.

Adm. Order No.: OSMB 1-2012

Filed with Sec. of State: 1-13-2012

Certified to be Effective: 2-1-12

Notice Publication Date: 12-1-2011

Rules Amended: 250-017-0000, 250-017-0010, 250-017-0020, 250-017-0030, 250-017-0040

Subject: Rule changes amended, established protocols and best management practices for the identification and removal of invasive species through the perimeters of the Adopt-A-River program.

Rules Coordinator: June LeTarte—(503) 378-2617

250-017-0000

Purpose

The purpose of this program is to provide volunteers an opportunity to remove litter and invasive species to improve the quality of the waters of this state in accordance with ORS 830.055.

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.055

Hist.: MB 1-1994, f. & cert. ef. 2-23-94; OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12

250-017-0010

Scope

Any applicant or person, as defined by ORS 174.100(4), may adopt a section of the rivers and waterbodies of this state for the purpose of picking up and removing litter and invasive species.

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.055

Hist.: MB 1-1994, f. & cert. ef. 2-23-94; OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12

250-017-0020

Definitions

As used in these rules:

(1) An “applicant” is an individual or individuals, group, corporation, company, business, partnership, adopting a section of river or waterbody.

(2) A “spokesperson” is one individual with the authority to speak on behalf of the applicant.

(3) A “participant” is an individual or member performing work on the river or waterbody as a representative of the applicant.

(4) “Invasive Species” are noxious weeds identified by the Oregon Department of Agriculture in OAR chapter 603, division 052 “Quarantine; Noxious Weeds” or the appropriate county governing body as described in ORS 569.

(5) “Litter” is any improperly discarded item including but not limited to wastepaper, garbage, cigarette butts, tires or appliances.

(6) “Director” is the Director of the State Marine Board or the appointed representative or organization administering the Adopt-A-River Program.

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.055

Hist.: MB 1-1994, f. & cert. ef. 2-23-94; OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12

250-017-0030

General Requirements

(1) The spokesperson must submit a written application to the Director requesting to adopt a river or waterbody and identifying the intended scope of work.

(2) An “Adopt-a-River” adoption will be executed between the spokesperson and the Director. The adoption will list the specific requirements and obligations of both the applicant and the Director.

(3) The section of river or waterbody being adopted shall be at least two miles in length for litter pickup work and can include shorelines of lakes and reservoirs. If unique situations exist then this requirement may be altered if approved by the Director.

(4) The term of the adoption will be for a period of at least two years.

(5) If more than one applicant requests the same section of waterbody, the Director may make the selection by earliest date of application or by a drawing.

(6) Assignment of a specific section of waterbody shall be at the discretion of the Director.

(7) The Director may consider factors such as land ownership, sensitive resource values, congestion, and size of waterway in determining which rivers or waterbody sections will be eligible for this program.

(8) Subcontracting or assigning the adopted section by the applicant is prohibited and will result in cancellation of the adoption.

(9) The Director may cancel an adoption for any reason including, but not limited to safety considerations, failure of the applicant to perform and failure of the applicant or its participants to comply with provisions of the adoption. This cancellation will be issued in writing.

(10) The spokesperson may cancel the adoption with 30 days written notice to the Director.

(11) A spokesperson has the option of renewing the adoption for subsequent terms, subject to the approval of the Director.

(12) The Director shall not issue an adoption under this program to any applicant whose objectives and values are determined to be inconsistent with the public interest and the Marine Board’s charge and responsibilities under Oregon law. To make this determination, the Director will rely on:

(a) Oregon Marine Board published mission;

(b) All of the information provided in the application and any other information considered to be common knowledge of the general public in the geographic area of the waterbody section to be adopted and;

(c) Information which may be requested of the applicant by the Director. This information may include bylaws, articles of incorporation, or literature of the applicant. Failure to provide such information upon request may be grounds for denial of an adoption.

(13) If the intended scope of work, as identified on the written application, includes the removal of invasive species, the applicant must also complete a noxious weed removal plan and have it approved by the Director prior to the beginning of any invasive species removal work.

(a) A noxious weed removal plan shall include permission by a landowner for a project to proceed, the species of plant to be removed, the proposed project location, the method of removal, the timing and frequency of removal, how plant material will be disposed of and how any equipment used during the project will be decontaminated to prevent the spread of noxious weeds.

(b) Plans must be completed with direction from one of the following technical assistance agencies:

(A) Oregon Department of Agriculture;

(B) County Weed Control District;

(C) County Soil and Water Conservation District; or

(D) Another qualified technical assistance agency or business pre-approved by the Director.

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.055

Hist.: MB 1-1994, f. & cert. ef. 2-23-94; OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12

250-017-0040

Applicant and Participant Responsibilities

(1) Each participant will be required to execute a liability release form reflecting their awareness and acknowledgement of the potentially hazardous nature of the work involved.

(2) Each participant will be required to comply with and abide by all laws, rules, and regulations relating to safety and use of rivers and waterbodies, and such other terms and conditions as may be required by the Director for special conditions on a particular adopted waterbody section. Individual participants may be excluded from participation or the adoption cancelled, at the discretion of the Director for violation of this section.

(3) Adult supervision is required. Participation by or presence at the work site of individuals under 18 years of age without adult supervision is not permitted.

(4) Each applicant is required to conduct at least one safety meeting per year to inform each participant concerning personal, group and water safety. Each participant is required to attend a safety briefing before participating in the actual work.

(5) Each applicant is required to pick up litter a minimum of once a year. More frequent pick up is permissible.

(6) Each applicant will be responsible for appointing or selecting a spokesperson. The spokesperson’s responsibilities include assuring compliance by participants with safety procedures, proper participant clothing and footwear, proper parking of vehicle(s), providing a first-aid kit and adequate drinking water, and arranging transportation of the participants to and from the work site.

(7) Each participant will be responsible for placing litter in trash bags furnished by the Director. The applicant will be responsible for removal of the filled bags and proper disposal. The applicant agrees to coordinate their litter pickup activity with the designated managing agency if another federal, state or local agency is party to the agreement.

(8) If removal of large or heavy items from a river or waterbody is required then prior approval from the Director must be granted to the applicant before such items are removed.

(9) If the noxious weed removal plan is approved and a removal activity is scheduled then an applicant is required to:

(a) Implement the frequency schedule agreed upon in the conditions of the approved noxious weed removal plan;

(b) Review the approved noxious weed removal plan elements with participants;

(c) Follow the procedures identified within the approved noxious weed removal plan when removing noxious weeds from the site; and

(d) Confirm proper identification of noxious weeds as outlined in 250-017-0030(13) prior to removal.

Stat. Auth.: ORS 830.110

Stats. Implemented: ORS 830.055

Hist.: MB 1-1994, f. & cert. ef. 2-23-94; OSMB 1-2012, f. 1-13-12, cert. ef. 2-1-12

 

Rule Caption: Rule procedures for the aquatic invasive species
prevention program.

Adm. Order No.: OSMB 2-2012

Filed with Sec. of State: 1-13-2012

Certified to be Effective: 2-1-12

Notice Publication Date: 12-1-2011

Rules Adopted: 250-010-0660

Rules Amended: 250-010-0650

Rules Repealed: 250-010-0650(T), 250-010-0660(T)

Subject: These rule changes outline the state’s authority to conduct mandatory watercraft inspection check stations and remove statutory language citing violations provisions from administrative rule.

Rules Coordinator: June LeTarte—(503) 378-2617

250-010-0650

Aquatic Invasive Species Prevention Permit

(1) Definitions:

(a) “Manually powered boat” means any watercraft as defined in ORS 830.005(2), but not a motorboat as defined in 830.005(6).

(b) “Aquatic Invasive Species Prevention Permit” is an authorization issued by the Oregon State Marine Board (Board) or through designated agents that certifies payment to the Aquatic Invasive Species Prevention Fund.

(c) “Board” means the Oregon State Marine Board.

(d) “Valid temporary permit” means a temporary aquatic invasive species prevention permit generated from a person purchasing a permit from a designated Internet agent.

(e) “Eleemosynary” means an organization supported by gifts or charity which is operated primarily as a part of organized activities for the purpose of teaching youth’s scout craft, camping, seamanship, self-reliance, patriotism, courage and kindred virtues.

(2) Permit Rules:

(a) A person may not operate a manually powered boat that is 10 feet or more in length, or a motorboat of any length, or a sailboat 12 feet or more in length, on the waters of this state without first obtaining an aquatic invasive species prevention permit from the Board or designated agent.

(b) The aquatic invasive species prevention permit for manually powered boats may be issued as either an annual or biennial permit to be carried or otherwise displayed on the boat. The biennial permit is valid for two calendar years and will cost double the annual permit as described in ORS 830.570 and 830.575.

(c) The owner of a boat for which fees for a certificate of number or registration under ORS 830.790(1)(a)(b)(c) are required will pay an aquatic invasive species prevention permit surcharge of $5 per biennium at the time of boat registration.

(A) The registration validation stickers are in lieu of an Aquatic Invasive Species Prevention Permit.

(B) The validation stickers are non-transferable.

(d) Persons age 14 and older operating manually powered boats that are 10 feet or more in length shall have a valid aquatic invasive species prevention permit or valid temporary permit on board when the boat is in use on the waters of this state.

(e) Out-of-state motorboats and out-of-state sailboats 12 feet in length or more that are of the same boat category that would be required to be registered in Oregon per ORS 830.790, shall carry a non-resident aquatic invasive species prevention permit on board when in use on waters of the state.

(f) Boats required to carry permits must present their permit for inspection upon request by a law enforcement officer.

(A) Motor boats and sailboats 12 feet in length or more, registered in Washington or Idaho, that launch directly into waters that form a common interstate boundary, or launch in Oregon tributaries within one mile of these waters, that have a current boat registration, Coast Guard documentation, or an aquatic invasive species prevention permit issued by the States of Idaho or Washington, are exempt from the non-resident Oregon aquatic invasive species prevention permit.

(B) Manually powered boats from Idaho that are 10 feet or longer and affixed with an Idaho Aquatic Invasive Species Prevention sticker, and all manually powered boats from Washington, are exempt from Oregon aquatic invasive species permit carriage requirements when launching into waters that form a common interstate boundary, or when launching into Oregon tributaries within one mile of these waters.

(g) Non-motorized and out-of-state resident permits are transferrable only within their respective boat categories. The name on the permit does not need to match the name of the person operating the boat. Persons may purchase multiple permits for use by family and friends.

(h) Operators of manually powered boat liveries, and guides using manually powered watercraft for group-guided activities, may qualify to purchase aquatic invasive species prevention permits at a discounted rate described in ORS 830.575. To qualify for the discounted rate:

(A) These operators shall register with the Board by documenting current business status as a livery.

(B) All boats rented by the livery must be clearly labeled with the livery name.

(i) Clubs or organizations that possess or own boats for communal use by members, participants, racing teams, or for public educational purposes except as exempted under this rule, may purchase aquatic invasive species prevention permits under the name of the organization or the club’s presiding officer or secretary.

(A) For racing shells, dragon boats or resident boats exempt from registration under OAR 250-010-0150(2), aquatic invasive species prevention permits numbering not less than the maximum number of boats in use on the water at any given time during a planned event may be held by the event organizer, coach or other designated person at the event site as long as the permits are readily available for inspection by a peace officer.

(B) A $5 annual or $10 biennial aquatic invasive species permit may be held as described in (2)(i)(A) for events involving motorized race boats which are owned by Oregon residents but that are otherwise exempt from registration under OAR 250-010-0150(2).

(j) The Board or designated agent may issue a temporary aquatic invasive species prevention permit to an individual who pays for the permit using a Board designated Internet agent.

(A) The temporary aquatic invasive species prevention permit will be valid for 14 days from the date of issue listed on the temporary permit.

(B) Each temporary permit shall contain a unique number that corresponds to the electronic record for the individual named on the permit and to the annual permit.

(k) A person is considered in violation of the provisions contained this rule and subject to the penalties prescribed by law when they:

(A) Alter an aquatic invasive species prevention permit; or

(B) Produce or possess an unauthorized replica of an aquatic invasive species prevention permit; or

(C) Exhibit an altered aquatic invasive species prevention permit to a peace officer.

(l) The aquatic invasive species prevention permit expires on December 31 of the year indicated on the permit.

(m) The following vessels or classifications are exempt from the requirement to carry an aquatic invasive species prevention permit:

(A) State-owned boats

(B) County-owned boats

(C) Municipality-owned boats

(D) Eleemosynary-owned boats which a supervising adult can confirm through documentation are engaged in an organization-related activity.

(E) A ship’s lifeboat used solely for lifesaving purposes.

(F) Seaplanes

(G) Federal government-owned boats

(H) Surfboards, sailboards and kite boards.

Stat. Auth.: ORS 830 & HB 2220

Stats. Implemented: ORS 830.110

Hist.: OSMB 4-2009, f. 10-30-09, cert. ef. 1-1-10; OSMB 1-2010(Temp), f. & cert. ef. 1-5-10 thru 6-30-10; OSMB 6-2010(Temp), f. & cert. ef. 1-15-10 thru 6-30-10; OSMB 7-2010, f. & cert. ef. 5-6-10; OSMB 3-2011, f. 1-14-11, cert. ef. 2-1-11; OSMB 12-2011(Temp), f. & cert. ef. 8-18-11 thru 1-31-12; OSMB 2-2012, f. 1-13-12, cert. ef. 2-1-12

250-010-0660

Watercraft Inspection Stations

(1) For the purpose of this rule, the following definitions apply:

(a) “Check Station” is a location in Oregon that a watercraft inspection team has designated for conducting watercraft inspections for aquatic invasive species.

(b) “Decontamination” is the removal of aquatic invasive species from a watercraft.

(c) “Inspector” is an individual certified and authorized by the Oregon Department of Fish and Wildlife to conduct boat inspections for aquatic invasive species.

(d) “Inspection Certificate” is a form used by the inspector to conduct and record watercraft inspection information.

(e) “Seal” is a plastic zip tie or cable with a unique number that is affixed to the trailer or other device to carry or convey the watercraft.

(f) “Watercraft Inspection Team” is one or more inspectors authorized to inspect for aquatic invasive species on all types of watercraft being transported over roads.

(g) “Watercraft” are recreational or commercial, motorized and non-motorized boats, including canoes, kayaks and rafts, as provided in ORS 830.005, and any equipment used to transport a boat and any auxiliary equipment, as provided in ORS 570.850.

(2) The watercraft inspection team will select Oregon locations to conduct mandatory watercraft inspections as described in the Oregon Department of Fish and Wildlife Aquatic Invasive Species Watercraft Inspection Handbook. Signs will be placed along roads, as prescribed by the Oregon Department of Transportation, directing motorists transporting a watercraft over roads to a designated inspection station.

(3) The watercraft inspection team will inspect every watercraft that enters the check station for the presence of aquatic invasive species and may order decontamination of the watercraft. The inspection will include the hull, motor, propulsion system or component, anchor or other attached apparatus, trailer or other device used to transport the boat, and the bilge, live-well, motor-well and other interior locations that could harbor aquatic plants or animals.

(4) The watercraft inspection team will complete, submit and file an inspection certificate with the Oregon Department of Fish and Wildlife for each watercraft inspection conducted.

(5) The watercraft owner, operator or carrier must provide to the inspector, on request, his or her name and ZIP code. If an inspector determines that decontamination is required, the owner, operator or carrier must provide the additional information requested on the inspection certificate form including contact information.

(a) The decontamination process will include the hull, motor, propulsion system or component, anchor or other attached apparatus, trailer or other device used to transport the watercraft, bilge, live-well, motor-well or other interior location that could harbor aquatic plants or animals.

(b) Means of decontamination include, but are not limited to, one or more of the following: hot water washing or flushing, high-pressure water jets, hand removal and chemical treatment as determined necessary by the watercraft inspection team.

(6) The inspector will determine that the watercraft is a severe risk if the boat contains quagga or zebra mussels or other high risk aquatic invasive species, as defined in Oregon Department of Agriculture OAR chapter 603, division 052 “Quarantine; Noxious Weeds” or Oregon Department of Fish and Wildlife OAR chapter 635, division 056 “Importation, possession, confinement, transportation and sale of nonnative wildlife”, or is of a design that prevents or inhibits effective on-site decontamination and the watercraft is from a known aquatic invasive species contaminated waterbody. In such cases, the inspector will place a seal on the watercraft indicating potential contamination. Only the inspector may attach this seal. Tampered, broken or removed seals are void and no longer valid for the purposes as to when they were attached.

(7) When the inspector determines the watercraft is clean or fully decontaminated, the inspector will attach a seal between the watercraft and trailer or other carriage device indicating a completed inspection. Only the inspector may attach this seal. Tampered, broken or removed seals are void.

Stat. Auth.: ORS 830.110

Stats. Implemented: HB3399, ORS 570.855

Hist.: OSMB 13-2011(Temp), f. & cert. ef. 8-23-11 thru 1-31-12; OSMB 2-2012, f. 1-13-12, cert. ef. 2-1-12

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

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