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Oregon Bulletin

June 1, 2012

Oregon State Marine Board, Chapter 250

Rule Caption: Clarifies exemptions for commercial operation and sets construction safety zones in Multnomah County.

Adm. Order No.: OSMB 5-2012

Filed with Sec. of State: 4-20-2012

Certified to be Effective: 4-20-12

Notice Publication Date: 3-1-2012

Rules Amended: 250-010-0150, 250-020-0280

Rules Repealed: 250-020-0280(T)

Subject: This rule action clarifies the inconsistency of commercial vessels exemptions by specifically exempting “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. This rule also prohibits boating within a specified area of the Sellwood Bridge Construction Project and establishes a 5- mph-slow-no-wake zone.

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

250-010-0150

Exemptions

(1) Undocumented vessels used exclusively for racing shall be exempt from the numbering and title requirements of ORS830.770 and 830.810.

(2) The provisions of ORS 830.220 and 830.230 shall not apply to motorboats propelled by outboard motors while competing in any race previously arranged and announced or, if such boats be designed and intended solely for racing, while engaged in such navigation as is incidental to the tuning up of the boats and engines for the race.

(3) Boats classified as “University or College” racing shells which compete in intercollegiate crew races shall be exempt from the requirements of carrying life-saving devices.

(4) The Lightship Columbia shall be exempt from the numbering and titling requirements of ORS Chapter 830.

(5) Federally documented commercial vessels are exempt from the numbering and title requirements of ORS 830.705, 830.710, 830.770, 830.780, 830.785, 830.795 to 830.805 and 830.830 to 830.870.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110 & 830.175
Hist.: MB 7, f. 8-19-60; MB 8, f. 6-30-61; MB 11, f. 11-14-61; MB 24, f. 3-13-64; MB 33, f. 3-30-67; MB 10-1984, f. 8-13-84, ef. 8-14-84; OSMB 5-2012, f. & cert. ef. 4-20-12

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) 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.

(13) The Sellwood Bridge Construction rule provisions will sunset at the completion of construction in December 2015.

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; OSMB 5-2012, f. & cert. ef. 4-20-12


 

Rule Caption: Maintenance Assistance Program rules update.

Adm. Order No.: OSMB 6-2012

Filed with Sec. of State: 4-20-2012

Certified to be Effective: 5-1-12

Notice Publication Date: 12-1-2011

Rules Amended: 250-014-0001, 250-014-0004

Subject: Changes amend, modify and consolidate current Maintenance Assistance Program (MAP) rules. Changes in the administrative rules could affect how much funding participating agencies receive.

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

250-014-0001

Definitions

For the purposes of OAR 250-014-0001 to 250-014-0005, the following definitions shall apply:

(1) “Annual Maintenance” means routine maintenance and operation activities performed by the participant during the one-year allocation period.

(2) “Biennium” means the 24-month period beginning July 1 of each odd numbered year and ending June 30 of the next odd numbered year.

(3) “Board” means the State Marine Board.

(4) “Boarding Float” means a floating structure on or adjacent to a launch ramp that provides temporary short term use for loading or off- loading from a boat. Floats are normally 6 to 8 feet wide.

(5) “Boating Facility Grant Program” means the program authorized by ORS 830.150. Funds are available for the acquisition, development and rehabilitation of public boating facilities available to, and ordinarily used by, motorized boats.

(6) “Boating Infrastructure Grants Program” (BIG) means the federal program authorized by 50 CFR Part 80 and ORS 830.150. Funds are available for the development and rehabilitation of non-home port transient tie-up facilities at public and private facilities used principally by non-trailered recreational boats.

(7) “Clean Vessel Act (CVA) Grant Program” means the federal program authorized by 50 CFR Part 85 and ORS 830.150. Clean Vessel Act grants can be used to develop, refurbish, or maintain floating restrooms and vessel waste collection systems ordinarily used by recreational boats at public and private boating facilities.

(8) “Director” means the State Marine Board Director.

(9) “Fiscal Year” means the twelve-month period beginning July 1 of any year and ending June 30 of the next year.

(10) “Floating Restroom” means a floating structure moored in open water that is not connected to shore and provides toilet facilities to boaters.

(11) “Grounds” includes the area at or immediately adjacent to an improved boating facility where garbage pickup and maintenance of turf, vegetation, trees/shrubs, bank stabilization and small picnic areas occurs.

(12) “Improved Public Boating Facility” means developed public facilities with hard surface launch ramps, boarding floats, parking areas, access roads, restrooms, grounds, transient tie-up floats or vessel waste collection facilities.

(13) “Launch Ramp” is an inclined hard surface consisting of asphalt or concrete used to launch and retrieve boats. A launch ramp consists of one or more launch lanes. Each launch lane is normally 15 to 20 feet wide.

(14) “Maintenance Assistance Program” (MAP), means funding assistance to eligible public participants for the routine maintenance and operations of improved public boating facilities.

(15) “Mixed Use Site” means a boating facility where annual use is mixed (31%-69%) between motorized (or registered) and non-motorized (or non-registered boats).

(16) “Motorized Use Site” means a boating facility where annual use by motorized (or registered) boats is 70% or more of all boat use.

(17) “Non-Motorized Use Site” means a boating facility where the annual use by motorized (or registered) boats is 30% or less of all boat use.

(18) “Off-Season” means the six-month period of lowest motorized (or registered) boat use generally the period from October 15 to April 15.

(19) “Parking Area” means a developed gravel and/or asphalt surface with a least six boat trailer spaces (10’ x 40’) and two single car spaces (10’ x 20’) associated with a launch ramp. This includes any required accessible parking spaces.

(20) “Participant” means any public or private party that qualifies to receive funds from the Boating Facility Grant Program or Maintenance Assistance Program and voluntarily participates in either program.

(21) “Peak Season” means the three month period of heaviest boat use generally the period from June 1 to August 31.

(22) “Public Boating Facility Grant Project” means a project to develop, improve, rehabilitate or replace public boating facilities or to acquire property for the development of an improved boating facility.

(23) “Private Boating Facility Grant Project” means a project to develop, improve, rehabilitate or replace private marina facility vessel waste collection systems and transient tie-up facilities that are available/open for public use.

(24) “Public Boating Facility” or “Public Marine Facility” means public launch ramps, parking, boarding floats, transient tie-up facilities, restrooms, access roads, floating restrooms, vessel waste collection systems, signing and water markers, potable water systems and related facilities for the use and convenience of the boating public.

(25) “Private Marine Facility” or “Private Marina Facility” means private facilities that have the capability to provide vessel waste collection systems or transient tie-up facilities that are open and available for public use.

(26) “Public Project Sponsor,” “Eligible Public Participants,” or “Public Entity” means cities, counties, park and recreation districts, port districts and state agencies that own and or operate public boating facilities as specified in these rules.

(27) “Private Project Sponsor,” “Eligible Private Participants,” or “Private Entity” means any individual firm, corporation, association, partnership, consortium, joint venture, industry, or any other nonpublic entity that operates a marina facility as specified in these rules.

(28) “Restroom” means all types of landside facilities used to collect human waste to include flush, vault, composting and portable toilets. A restroom may include one or more stalls (urinal and/or toilet).

(29) “Routine Maintenance” means all types of ordinary maintenance activities completed on a regular basis (daily, weekly or monthly).

(30) “Shoulder Season” means the three month period of moderate boat use generally the period from April 15 to May 31 and September 1 to October 15.

(31) “Transient Tie-Up” means a floating structure at least 100 feet in length used for short term boat tie-up and broadside tie-up or space for mooring at least six non-trailered boats. Transient tie-up does not include tenant based moorage or facilities that allow stays longer than ten consecutive days.

(32) “Use Fee” means any form of user fee charged to boaters for access or use of a boating facility. This includes day use, launch, parking, tie-up or any other general entrance or use fee.

(33) “Vessel Waste Collection System” means all types of stationary or portable systems that pump or remove human waste from a recreational boat holding tank or portable potties. This includes pumpouts, dump stations, related forward sewage lift stations, necessary floats, piles, and gangways, and related facilities.

Stat. Auth.: ORS 830.110 & 830.150
Stats. Implemented ORS 830.150
Hist.: MB 18-1985, f. & ef. 10-21-85; MB 11-1987, f. 5-20-87, ef. 6-1-87; MB 12-1987, f. & ef. 6-15-87; MB 7-1992, f. & cert. ef. 5-15-92; MB 8-1995, f. & cert. ef. 11-6-95; OSMB 6-1998, f. & cert. ef. 4-15-98; OSMB 8-2001, f. & cert. ef. 7-30-01; OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07; OSMB 6-2012, f. 4-20-12, cert. ef 5-1-12

250-014-0004

Maintenance Assistance Program

(1) Program Description:

(a) The Board is authorized by ORS 830.150(2)(a) to provide funds for annual maintenance of improved public boating facilities.

(b) The Board is also authorized to provide federal Clean Vessel Act CFR 50 Part 85 funds made available through the U.S. Fish and Wildlife Service, to assist in the maintenance of vessel waste collection facilities, floating restrooms, and related support facilities.

(c) Federal Clean Vessel Act funds require at least a 25% non-federal match of funds, which is provided by participants and documented in expenditure reports and maintenance activity logs. All participants receiving federal funds must agree to comply with any and all federal funding requirements.

(d) The Program is voluntary and by accepting MAP funds the participant agrees to comply with all program rules, policies and procedures.

(e) The Program provides annual matching grants, which are intended to augment existing levels of routine maintenance at improved public boating facilities.

(f) Eligible participants include cities, counties, park and recreation districts, port districts and state agencies.

(g) MAP funds may only be used for routine and ordinary maintenance of boating facilities to include but not limited to: cleaning launch ramps, floats, parking areas, restrooms, garbage service, grounds keeping, utilities, and minor repairs to eligible facilities. Federal Clean Vessel Act funds may be used for routine and ordinary maintenance of vessel waste collection facilities and floating restrooms to include cleaning, septic disposal, utilities, minor repairs, deployment and winterization.

(h) Only motorized and mixed use facilities are eligible for MAP.

(i) Eligible facilities include launch ramps, boarding floats, restrooms, parking areas, access roads, transient tie-up floats, ski floats, floating restrooms, vessel waste collection systems grounds and garbage service. To be eligible, a facility must be open at least during the peak season of use and, at a minimum, provide:

(A) A single-lane launch ramp with at least six vehicle/boat trailer and two single car parking spaces or at least 100 linear feet of transient tie-up floats; Vessel waste collection facilities; or floating restrooms. (Item B and C are not required for Vessel waste collection facilities or floating restrooms).

(B) A single-stall restroom; and

(C) One garbage can.

(j) MAP funds may not be used for operation, maintenance or overhead costs associated with fish cleaning stations, boat wash stations, marine fuel stations, long-term marina or moorage facilities, campgrounds, trails, picnic areas or shelters, swim areas, other large day-use components. MAP funds may also not be used for the operation, maintenance or overhead of any eligible improved boating facility or portion of eligible improved boating facility used for commercial activities that limit public recreational boating use or access, unless the commercial activities are incidental.

(2) Allocation:

(a) MAP funds are provided, on an allocation basis each fiscal year, to eligible participants who own or operate eligible facilities. The amount of MAP funds available in any biennium will be contingent upon the legislatively adopted budget.

(b) Federal Clean Vessel Act funds are provided to eligible participants contingent on availability and approval by the U.S. Fish and Wildlife Service.

(c) The MAP allocation formula uses a point system based on site elements found at eligible facilities. Each point has a value of $100. MAP payment shall be made to eligible participants annually after receipt and approval of all required reports and logs using the allocation methodology as follows:

(A) Determine the Base Allocation for each boating facility. Calculate the number of launch lanes, boat trailer parking spaces, restroom stalls, length of boarding floats, length of transient tie-up floats, grounds and garbage service by the point values as prescribed by the Board. Eligible boating facilities accessible only by boat receive additional points. Participants who provide four or more eligible facilities also receive additional points.

(B) Adjust the Base Allocation for fees charged. Facility fees may be any day use, entry, launch, parking or other fee charged to users for a single use of the boating facility. The highest of any single use fee paid by the boater for use of an improved boating facility will be used to adjust the base allocation. The highest fee does not include annual passes or donation boxes. Any fee charged over $5 will disqualify that facility from receiving any MAP funds. The Board may prescribe other fee reduction values for transient tie-up facilities based on local or regional market conditions. Eligible participants who have transient tie-up facilities that have utility connections are allowed to charge use fees to recover direct utility costs without reduction to their MAP allocation. Adjust the Base Allocation for fees charged as follows:

$0-$2.00 – no reduction

$2.01-$3.00 – 15% reduction

$3.01-$4.00 – 40% reduction

$4.01-$5.00 – 75% reduction

$5.01 and above – not eligible

(C) The Allocation may further be adjusted to balance the number of launch lanes to the number of parking spaces in conformance with the Board’s Design Guidelines for Recreational Boating Facilities; to account for restrooms and parking that clearly serve other developed activity areas besides boating, such as large day use areas, marinas, campgrounds and downtown areas (these facilities will assume to have joint use and points will be adjusted accordingly); and restrooms that have seasonal closures where the restroom facility is not open to the public.

(D) Adjust the Boating Facility Allocation for boating facility seasonal availability:

(i) Receive 50% adjusted Boating Facility Allocation for each site element at an eligible facility that is open, available, and operational only during the required minimum three-month peak season;

(ii) Receive 75% of the Boating Facility Allocation for each site element at an eligible facility that is open, available, and operational during the required minimum three-month peak season and three-month shoulder season.

(E) Determine Total Eligible Boating Facility Participant Allocation. Participant’s annual allocation is the sum total of each eligible facility as adjusted for season of use and fees.

(d) Determine the Base Allocation for each vessel waste collection facility. Calculate the number of pumpouts, dump stations and floating restrooms by the point values as prescribed by the Board.

(A) Boat waste collection facilities built with Boating Facility Grants are required to provide free use for the public. No user fees may be collected or charged. The facility must be open and available to the general boating public to include hoses, adapters, power and other necessary items for operation and use.

(B) Adjust the Vessel Waste Collection Systems Base Allocation for seasonal closures when the facility is not open for public use or non-operational, based on the following:

(i) Receive 50% of the Base Facility Allocation for each eligible element that is open, available, and operational during the required minimum three-month peak season.

(ii) Receive 75% of the Base Facility Allocation for each eligible element at an eligible facility that is open, available, and operational during the required minimum three-month peak season and the three-month peak seasons.

(C) Determine Total Eligible Vessel Waste Collection Systems Participant Allocation. Participant’s annual allocation is the sum total of each eligible facility as adjusted for season of use. The Base Allocation for eligible Vessel Waste Collection System elements is not reduced if user fees are charged at the site but there is no additional fee to use the eligible Vessel Waste Collection System elements.

(e) The Board shall re-allocate any MAP funds remaining in the biennium to the Marine Facility Grant Program.

(3) Procedures:

(a) Prior to the beginning of each fiscal year, the Board determines the funds available, and using the point system, estimates each participant’s allocation.

(b) Eligible participants shall be notified in writing of their estimated allocation for the ensuing fiscal year.

(c) In order to participate in the MAP Program each participant must provide a completed Allocation Certification Agreement to the Board each fiscal year certifying the following:

(A) The participant has adopted a budget that includes the estimated MAP allocation; and

(B) The number of eligible improved marine facilities and site elements maintained by the participant; and

(C) That the MAP funds will be spent only to maintain improved marine facilities in accordance with the MAP procedures and policies; and

(D) The season(s) of use that the improved boating facility will be open and maintained for public use; and

(E) The amount of any user fees to be charged during the fiscal year for use of the eligible boating facility by boaters. User fees include the highest of any entrance, day use, launch ramp, parking, transient moorage or other fees paid excluding annual passes and donations

(F) The Participant will allow representatives of the Board access to all eligible boating facilities, provide park maintenance expenditure and performance records upon request, and cooperate during any audit.

(G) MAP funds will not exceed sixty percent of the overall maintenance cost of eligible boating facilities.

(H) Participant match does not include any cash or in-kind activities expended on campgrounds, marinas, fuel stations, trails, picnic shelters, swim areas or other large day-use components. The Participant has documented percentages for shared use facilities such as restrooms and parking that serve eligible marine facilities and other park uses.

(I) That MAP funds are principally targeted for labor, supplies, or contract services that will be expended at the site. Justification will be required for expenditures for overhead, program administration, supervision or other general service assessments/charges that amount to 15% or more of MAP funds received.

(J) MAP funds may not be used for capital projects or as match to other grants.

(d) Any participant that does not certify to the Board by August 1, as required above, may be deemed to have waived participation in the MAP program.

(e) Participants shall submit to the Board an estimated expenditure report at the end of each fiscal year period and an operations and maintenance budget outlining actual MAP and participant expenditures for labor, supplies, materials and services for all eligible sites individually. Reports shall be in the manner and form as required by the Board. Failure to submit this report within the specified time may result in participant disqualification.

(f) At the end of each fiscal year period, participants that have eligible pumpouts, dump stations and floating restrooms shall submit Maintenance Reporting Logs for these elements.

(4) Policies:

(a) It is the policy of the Board that the MAP program is designed to supplement funds expended by an eligible participant in the maintenance of improved boating facilities. The intent of the Board is to assist in improving the quality of maintenance at improved boating facilities.

(b) It is the policy of the Board to encourage free public access to improved public marine facilities.

(c) It is the policy of the Board to allow participants to expend MAP funds to purchase small tools or equipment for the maintenance of improved marine facilities, not to exceed ten percent of the annual allocation. This is contingent upon the applicant providing sufficient maintenance that complies with expectations as established by the Board.

(d) Participants shall reimburse the Board for any funds not expended within the fiscal year. However, a participant may request permission to carry over a maximum of ten percent of the total MAP Allocation from one fiscal year to the next but must be expended within that fiscal year. Unexpended funds allocated to maintain pumpouts, dump stations, and floating restrooms cannot be carried over from one fiscal year to the next and must be returned to the Board.

(e) MAP participants are encouraged to develop a cost accounting system that separates out MAP funds by line item revenue and expenditures. Expenditure detail should be sufficient to demonstrate that MAP funds provided are being appropriately expended.

(f) MAP participants that provide four or more sites may shift up to 25% of the individual MAP site allocation in a fiscal year to other eligible MAP sites to accommodate changing use patterns, water conditions or maintenance needs, provided that minimum maintenance expectations are met at all sites. Written justification will be required for fund shifts in excess of 25%. Funds allocated to maintain pumpouts, dump stations, and floating restrooms cannot be shifted to other eligible MAP sites.

(g) Any daily, monthly or annual use fees charged at MAP sites must be uniform for a specific class of users. No differential in-area or out-of-area annual, seasonal or day use fees may be charged at MAP sites.

(h) It is a policy of the Board to encourage participants to allow for full public use and access to improved public boating facilities. MAP funds may not be used for the operation, maintenance or overhead associated with any public boating facilities or portions of public boating facilities where commercial use is allowed. Commercial use means any regular or non-incidental activity or event at an improved public boating facility that is conducted by a business, concessionaire, or any non-public entity for the purpose of selling products or providing goods or services for a profit or private financial gain and displaces or precludes recreational boat use or public access, including the loss of public parking or dock space or regular or prolonged closures of portions of an improved public boating facility that results as a part of the activity or event. Any use that is permitted, licensed, or allowed by agreement from the site owner or managing agent that conveys exclusive use or a preference in use to any individual, group or entity and not the general boating public may be considered by the Board as a commercial use. Examples include: permanent or portable stores, restaurants, shops, commercial fishing vessel moorage, ocean charterboat moorage, fish cleaning services, tour or excursion boats boarding or moorage, shuttle services, ticket sales, watercraft rentals, etc. Incidental or occasional use by boat manufacturers or dealers to test or demonstrate boats or use by outfitters and guides will not be considered commercial use by the Board as long as the use is not exclusive or guaranteed or a proprietary preference is not given to this use over use by the general boating public. Single or annual events such as festivals, contests, etc. are not considered a commercial use by the Board unless the event is repetitive, extensive, and results in the loss of access or use by the public boating facility for an excessive amount of time or the event has the potential to damage or degrade public boating facilities more than the Board considers reasonable. The Board encourages participants to charge all commercial users a use fee to help offset the added operation and maintenance costs associated with the activities generated by the commercial use. Commercial use fees are not considered as a fee for the purpose of calculating the participants MAP allocation.

(i) Funding for the program may be denied to an eligible participant if the Board determines that a sponsor has expended MAP funds for purposes other than those allowed by these rules, failed to provide an adequate level of maintenance, failed to provide additional funds beyond MAP, or failed to report any changes in facility user fees or season of use. Participants are required to reimburse MAP funds in the event the Participant has unexpended MAP funds or makes any changes (fee increase, seasonal closures or facility components) within the fiscal year that would affect the approved allocation. The amount of reimbursement can be prorated based upon the effective date of the changes that affect the allocation. Failure to notify the Board of changes and make prompt reimbursement of the allocation overpayment may result in disqualification from the program or other action as deemed necessary by the Board.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 830.110 & 830.150
Stats. Implemented: ORS 830.150
Hist.: MB 18-1985, f. & ef. 10-21-85; MB 11-1987, f. 5-20-87, ef. 6-1-87; MB 12-1987, f. & ef. 6-15-87; MB 7-1992, f. & cert. ef. 5-15-92; MB 9-1994, f. & cert. ef. 8-5-94; MB 8-1995, f. & cert. ef. 11-6-95; OSMB 6-1998, f. & cert. ef. 4-15-98; OSMB 8-2001, f. & cert. ef. 7-30-01; OSMB 10-2006, f. 11-22-06, cert. ef. 7-1-07; OSMB 6-2012, f. 4-20-12, cert. ef 5-1-12


 

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

Adm. Order No.: OSMB 7-2012

Filed with Sec. of State: 4-20-2012

Certified to be Effective: 4-20-12

Notice Publication Date: 2-1-2012

Rules Amended: 250-010-0440

Rules Repealed: 250-010-0440(T)

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; OSMB 7-2012, f. & cert. ef. 4-20-12


 

Rule Caption: Rule prohibits internal combustion motors in boats operating on Waldo Lake.

Adm. Order No.: OSMB 8-2012

Filed with Sec. of State: 4-24-2012

Certified to be Effective: 5-1-12

Notice Publication Date: 3-1-2012

Rules Amended: 250-020-0221, 250-030-0030

Subject: These rules prohibit internal combustion motors in boats operating on Waldo Lake. Exemptions include watercraft used for official purposes such as search and rescue, law enforcement and fire suppression. Previous approval by the Willamette National Forest Supervisor is required for other activities undertaken by local, state or federal government officials or agents that involve use of internal combustion motors in watercraft operated on Waldo Lake. These rules do not apply to seaplanes on Waldo Lake.

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

250-020-0221

Boat Operations on Certain Waters in Lane County

(1) No person shall operate a motorboat in excess of 5 MPH (“Slow-No Wake”) in the following areas:

(a) Triangle Lake: Within 200 feet of a marked swimming area or a designated public launching ramp;

(b) Fern Ridge Lake:

(A) Within 200 feet of a marked swimming area or a designated public launching ramp;

(B) In the Coyote Creek Channel;

(C) Between shore and buoy line which extends southerly from the north shore to a point approximately 200 feet of the northern most Eugene Yacht Club mooring dock thence generally south and west approximately 200 feet of the docks to a point approximately 200 feet south of the Tri Pass Club mooring dock thence generally west to the southern tip of the Tri Pass Club dock as buoyed except for the buoyed corridor immediately south of the Eugene Yacht Club southernmost dock;

(D) South of the buoy line which extends easterly from a point approximately 100 yards north of the Perkins Boat Ramp to the adjacent shoreline;

(E) In the Main Long Tom River Channel.

(c) Dexter Dam Reservoir:

(A) Within 200 feet of a marked swimming area or a designated public launching ramp;

(B) Within 50 feet of the causeway crossing the reservoir.

(d) Lookout Point Reservoir:

(A) Within 200 feet of a marked swimming area or a designated public launching ramp;

(B) East of the Southern Pacific Railroad bridge.

(e) Dorena Dam Reservoir:

(A) Within 200 feet of a marked swimming area or a designated public launching ramp.

(B) Southeast of a line between markers on Humphrey Point and the northeast shore.

(f) Cottage Grove Reservoir:

(A) Within 200 feet of a marked swimming area or a designated public launching ramp;

(B) South of a line between a marker on the east shore, near the Wilson Creek area, and on the west shore near Cedar Creek.

(g) Hills Creek Reservoir:

(A) Within 200 feet of a marked swimming area or a designated public launching ramp;

(B) On Packard Creek arm west of Rigdon Road (USFS Road #21);

(C) On Hills Creek south of the Hills Creek Crossing Bridge;

(D) On the Middle Fork, Willamette River south of the Rigdon Road (USFS #21) (Upper Crossing) Bridge;

(E) No person shall operate a motorboat for any purpose on Larison Creek arm west of Rigdon Road (USFS Road #21).

(h) Collard Lakes;

(i) Picket Lake;

(j) Munsel Lake — west of the line of marker buoys;

(k) Fall Creek Lake:

(A) Within 200 feet of a designated public launching ramp or marked swimming area;

(B) On Fall Creek upriver from the buoys located approximately 200 feet downstream of the Big Fall Creek Road;

(C) On Winberry Creek upriver from the buoys located approximately 1800 feet downstream of the Winberry Creek Road Bridge.

(l) Siltcoos Lake:

(A) Within 200 feet of a designated public launching ramp or marked swimming area;

(B) Between shore and buoy line at the mouth if Kiechle Arm beginning at a point at the east shoreline of Arrowhead Point and extending northerly approximately 900 yards to a point approximately 100 yards off shore of Camp Baker during the period of June 1 through September 30.

(C) In Miller Arm north of the buoy line, located at the entrance near Nightingales’ Fishing Camp, during the period of May 1 through September 31.

(2) No person shall operate a motorboat in excess of 5 MPH on Leaburg Reservoir and the McKenzie River from the dam upstream to Good Pasture Bridge.

(3) No person shall operate a motorboat in excess of a “Slow-No Wake” speed within 300 feet of a boat launching ramp or a boat moorage on the following bodies of water (for purpose of this regulation, “Slow-No Wake” speed means the speed of a boat shall not exceed 5 MPH):

(a) Cougar Reservoir;

(b) Blue River Reservoir;

(c) Siuslaw River — between the river entrance and the highway bridge at Mapleton.

(4) No person shall operate a motorboat for any purpose on the following lakes: Scott, Melakwa, Hidden, Blair, Upper Erma Bell, Middle Erma Bell, Lower Erma Bell, Torrey, Whig, Wahanna, Rigdon, Lower Rigdon, Kiwa, Upper Eddeeleo, Round, Betty, and Alameda.

(5) No person shall operate a motorboat for any purpose in excess of 10 MPH on Munsel Lake east of the line of marker buoys, except from June 1 through September 30, between the hours of 10 a.m. and 5 p.m.

(6) No person shall operate a motorboat on the McKenzie River above Good Pasture Bridge, except a representative of the Oregon State Police or the County Sheriff’s Office pursuant to a criminal investigation or search and rescue operation.

(7) No person shall operate a motorboat, except with an electric motor:

(a) In the Old Long Tom River Channel;

(b) On Fern Ridge Reservoir south of State Highway 126;

(c) On Hult Reservoir.

(8) No person shall operate a propeller-driven airboat or non-displacement hull type hovercraft in the following areas on Fern Ridge Reservoir where there is emergent vegetation present:

(a) Coyote Creek area — east of a line beginning at the West Coyote Creek bridge at Highway 126 extending north approximately one mile to a point near the mouth of Coyote Creek, then extending north approximately 1.4 miles to a point located approximately 100 yards off shore of the northwest corner of Gibson Island;

(b) Amazon Bay area — east of a line beginning at a point located approximately 100 yards off shore of the northwest corner of Gibson Island extending northeast approximately one mile to the Shore Lane access;

(c) South Marsh area — west of a line extending from a point on the shoreline at the southern boundary of Zumwalt Park near the end of Vista Drive extending southeast approximately one mile to a point on the shoreline at the tip of Perkins Peninsula;

(d) Long Tom Area — southwest of a line beginning at a point on the shore line at the end of Moyer Lane extending southeast approximately 0.9 miles to a point on the west shoreline of the Jeans Peninsula at the north end of Winter Lane.

(9) No person shall operate a motorboat north and east of a line across the entrance of Bannister Cove on Lookout Point Reservoir, as marked.

(10) Use of internal combustion motors in boats operating on Waldo Lake is prohibited year round. Official use of internal combustion motors in watercraft operated on Waldo Lake by local, state or federal governmental officials or agents is allowed for the following activities: search and rescue, law enforcement and fire suppression. Previous approval by the Willamette National Forest Supervisor is required for other activities undertaken by local, state or federal government officials or agents that involve use of internal combustion motors in watercraft operated on Waldo Lake. This rule does not apply to seaplanes on Waldo Lake.

Stat. Auth.: ORS 830.110 & 830.175
Stats. Implemented: ORS 830.175
Hist.: MB 21, f. 8-23-63; MB 27, f. 6-3-65; MB 31, f. 6-20-66; MB 42, f. 12-3-68; MB 44, f. 8-21-69; MB 48, f. 6-28-71, ef. 7-25-71; MB 49, f. 8-14-72, ef. 9-1-72; MB 3-1979(Temp), f. & ef. 6-22-79; MB 5-1979, f. 7-31-79, ef. 8-1-79; Renumbered from 250-020-0131; MB 8-1981, f. & ef. 11-16-81; MB 5-1982, f. & ef. 6-1-82; MB 6-1982, f. & ef. 6-1-82; MB 15-1984, f. 11-30-84, ef. 12-1-84; MB 6-1995, f. & cert. ef. 7-14-95; MB 9-1996, f. & cert. ef. 5-29-96; OSMB 2-2000, f. & cert. ef. 7-14-00; OSMB 2-2001, f. & cert. ef. 1-25-01; OSMB 1-2008, f. & cert. ef. 1-15-08; OSMB 3-2010, f. & cert. ef. 1-15-10; OSMB 9-2010(Temp), f. & cert. ef. 5-6-10 thru 9-30-10; Administrative correction 10-26-10; OSMB 13-2010, f. & cert. ef 11-1-10; OSMB 5-2011(Temp), f. 3-28-11, cert. ef. 4-8-11 thru 4-11-11; Administrative correction, 4-25-11; [OSMB 10-2011(Temp). f. 6-30-11, cert. ef. 7-1-11 thru 10-1-11; OSMB 10-2011(Temp) Suspended by OSMB 11-2011(Temp), f. & cert. ef. 8-5-11 thru 10-1-11, Administrative correction, 8-25-11]; OSMB 4-2012(Temp), f. & cert. ef. 4-2-12 thru 4-30-12; OSMB 8-2012, f. 4-24-12, cert. ef. 5-1-12

250-030-0030

Regulations

The State Marine Board is authorized to carry out the provisions of the Federal Wild and Scenic Rivers Act (PL 90-542) and the State Scenic Waterways Act (ORS 390.805 to 390.925) under ORS 830.175 by regulating boat use through a permit system initiated by the Board. Authority to limit or prohibit motorboat use is also granted by this statute. The specific regulations which follow are adopted in accordance with these statutory provisions:

(1) In order to meet the goals and objectives of management and recreation plans for the subsequently named rivers, the State Marine Board will regulate commercial and noncommercial boat use, both for non-powered boats and for motorboats, by means of a permit system. On occasion the Board may find it necessary to establish interim boat use levels in order to protect the riverine environment and assure to the users a quality recreation experience. Such limits may be prescribed in those instances where, in the absence of river management or recreation plans, it finds it necessary to act to assure compliance with the objectives of appropriate federal and state laws.

(2) It is the policy of the State Marine Board to provide for equitable use of certain designated rivers by commercial and noncommercial boaters. A system of permits for all boaters, whether they plan to run a river as private individuals or as patrons of a commercial entrepreneur, may be initiated on controlled rivers when use approaches or exceeds approved levels or capacity.

(3) No person, other than a member of the Department of State Police, county sheriff, and governmental agencies of this state and the federal government having jurisdiction over the following described waters, shall use a motor for propelling a boat for any purpose on the following described waters, with the exceptions stated:

(a) Deschutes River:

(A) That portion bordering the Warm Springs Reservation, no motors year round. (ORS 830.180)

(B) Between the northern boundary of the Warm Springs Reservation and the mouth of Buckhollow Creek (downstream from Sherars Falls), no person shall operate a motorboat with the exception of ingress/egress by landowners under permit issued by the Board.

(C) Between the mouth of Buckhollow Creek and Macks Canyon Campground, no motors from June 15 to September 30, with the exception of ingress/egress by landowners under permit by the Board.

(D) Between Macks Canyon Campground and the Heritage Landing boat ramp, motors will be prohibited during alternating Thursday, Friday, Saturday and Sunday periods commencing with the first Thursday to Sunday period that falls on or after June 15, continuing until September 30. No daily restrictions on motorized use from October 1 to June 14.

(E) Between Heritage Landing boat ramp and the confluence with the Columbia River, no prohibitions on motors, except for OAR 250-030-0041 rule for slow no wake, maximum 5 MPH.

(b) Illinois River — From Deer Creek downstream to Nancy Creek, which is located in the area immediately upstream of Oak Flat.

(c) John Day River — From State Highway 218 bridge at Clarno downstream to Tumwater Falls between May 1 and October 1.

(d) Minam River — From Minam Lake downstream to the Wallowa River.

(e) Owyhee River System:

(A) West Little Owyhee;

(B) North Fork Owyhee; and

(C) The mainstem Owyhee River above approximately river mile 70 at Pinnacle Rock, as marked.

(f) Rogue River — from Grave Creek downstream to the lowermost portion of Blossom Bar Rapids approximately 250 feet upstream of the top of Devil’s Staircase Rapids as marked, between May 15 and November 15.

(g) Sandy River — From Dodge Park downstream to Dabney State Park.

(4) Use of internal combustion motors in boats operating on Waldo Lake is prohibited year round. Official use of internal combustion motors in watercraft operated on Waldo Lake by local, state or federal governmental officials or agents is allowed for the following activities: search and rescue, law enforcement and fire suppression. Previous approval by the Willamette National Forest Supervisor is required for other activities undertaken by local, state or federal government officials or agents that involve use of internal combustion motors in watercraft operated on Waldo Lake. This rule does not apply to seaplanes on Waldo Lake.

Stat. Auth.: ORS 830.110 & 830.175
Stats. Implemented: ORS 830.110 & 830.175
Hist.: MB 53, f. 9-25-73, ef. 1-1-74; MB 64, f. 2-18-75, ef. 3-11-75; MB 66, ef. 4-22-75(Temp), 5-11-75(Perm); MB 76, f. & ef. 5-27-76; MB 79, f. 1-20-77, ef. 5-27-77; MB 89, f. 12-27-77, ef. 1-1-78; MB 12-1984, f. 8-13-84, ef. 8-14-84; MB 12-1985, f. & ef. 7-31-85; MB 21-1985, f. & ef. 12-4-85; MB 3-1993, f. 2-4-93, cert. ef. 5-15-93; MB 4-1994, f. & cert. ef. 3-23-94; MB 15-1996, f. & cert. ef. 12-4-96; MB 6-1997, f. & cert. ef. 5-30-97; OSMB 5-1998, f. & cert. ef. 4-3-98; OSMB 5-2010(Temp), f. & cert. ef. 1-15-10 thru 6-30-10; OSMB 10-2010, f. & cert. ef. 5-6-10; OSMB 8-2012, f. 4-24-12, cert. ef. 5-1-12

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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