Loading
The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

OREGON STATE MARINE BOARD

 

DIVISION 15

OCEAN CHARTER VESSELS

250-015-0001

Definitions

As used in this Division:

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

(2) “Inland Charter Boat” means a vessel used in the business of carrying passengers for hire for angling, sightseeing or other recreational purposes solely on state waters.

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

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

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

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90; OSMB 4-2008(Temp), f. & cert. ef. 5-7-08 thru 10-31-08; Administrative correction 11-18-08; OSMB 5-2014, f. & cert. ef. 1-15-14

250-015-0002

Applicability

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

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

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90; OSMB 5-2014, f. & cert. ef. 1-15-14

250-015-0005

License Application and Fees

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

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

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

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

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

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

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

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

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

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90; OSMB 5-2014, f. & cert. ef. 1-15-14

250-015-0006

Reciprocity Provisions for Charter Boats on the Columbia River

(1) The purpose of this rule is to implement reciprocity between Oregon and Washington regarding the licensing of charter boats on the Columbia River downstream of the bridge at Longview, Washington. Reciprocity avoids the conflict, confusion and difficulty of attempting to find the exact location of the state boundary in or on the waters of the Columbia River when carrying passengers for hire for angling, sightseeing or other recreational purposes on licensed charter boats.

(2) The reciprocity provisions of this rule and the reciprocity provisions adopted by the State of Washington, do not authorize the launching, pick-up or discharge of passengers for any purpose in a state other than the state where the charter boat is licensed.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 704.025 & 830.435
Hist.: OSMB 3-2007, f. & cert. ef. 3-21-07; OSMB 5-2014, f. & cert. ef. 1-15-14

250-015-0008

License Transfer, Cancellation or Suspension

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

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

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

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

(c) The identifying number of such replacement boat.

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

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

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

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90; OSMB 5-2014, f. & cert. ef. 1-15-14

250-015-0010

Equipment Requirements

(1) The following Titles and Parts of the Code of Federal Regulations (CFR), that are in effect on January 1, 2014, are by this reference hereby adopted and made part of this rule Title 46 CFR Parts 15.401; Title 46 CFR Parts 25.25-1, 25.25 -5, 25.30-10(d), 25.30-20(a), 25.35-1 & 25.40; Title 46 CFR Part 26.20-1Title 46 CFR Part 130.330; Title 46 CFR Part 160.054-4; Title 46 CFR Parts 180.15, 180.64 & 180.70; Title 46 CFR Parts 182.520, [182.520(a) & 180] 182.530; Title 46 CFR Parts 184.300, 184.402, 184.404 & 184.410; Title 47 CFR Parts 80.905(a)(1) & (2), 80.933(b) & 80.1051.

(2) Specific safety equipment requirements are dependent upon a vessel's operational distance from shore. All required equipment shall be in proper working order. The Code of Federal Regulations is available online.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90; OSMB 3-2005, f. & cert, ef, 1-24-05; OSMB 5-2014, f. & cert. ef. 1-15-14

250-015-0018

Depth Finder

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

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.450
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

250-015-0022

Navigation Equipment

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

Stat. Auth.: ORS 830.110 & 830.175
Stats. Implemented: ORS 830.450
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90; MB 5-1994, f. & cert. ef. 4-28-94; OSMB 5-2014, f. & cert. ef. 1-15-14

250-015-0026

Light/Smoke Flares

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

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

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

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460
Hist.: OSMB 3-2005, f. & cert, ef, 1-24-05; OSMB 5-2014, f. & cert. ef. 1-15-14

250-015-0035

Charter Boats Operating on Sole State Waters

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

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

(b) Licensed as an Inland Charter Boat by the Oregon State Marine Board.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460
Hist.: OSMB 5-2014, f. & cert. ef. 1-15-14

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​