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Oregon Bulletin

April 1, 2012

Oregon State Marine Board, Chapter 250

Rule Caption: Rule amendment provides definition terminology consistency.

Adm. Order No.: OSMB 3-2012

Filed with Sec. of State: 3-14-2012

Certified to be Effective: 3-14-12

Notice Publication Date: 12-1-2011

Rules Amended: 250-010-0650

Subject: This rule amendment provides consistency in definition terminology as requested by the Legislative Counsel.

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) Manually powered boats and out-of-state motor boat 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; OSMB 3-2012, f. & cert. ef. 3-14-12

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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