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OREGON STATE MARINE BOARD

 

DIVISION 30

SCENIC WATERWAYS

250-030-0010

Definitions

As used in OAR 250-030-0020 and 250-030-0030:

(1) "Boat" means every description of watercraft used or capable of being used as a means of transportation on the water, but does not include aircraft equipped to land on the water.

(2) "Carrying Passengers for Hire" means carrying persons by boat for a valuable consideration, whether directly or indirectly given to or received by an owner, charterer, operator, agent, or other persons having an interest in such boat.

(3) "Emergency Circumstances" means a boat equipped with a motor and passing through an area where the use of motors is prohibited may, under emergency circumstances, use said motor. Emergency circumstances are deemed to exist when injury or illness occurs, or when a condition of imminent danger exists.

(4) "Float Boat" means any boat used primarily for drifting with the river current.

(5) "Motorboat" means any boat propelled in whole or in part by machinery, including boats temporarily equipped with detachable motors.

(6) "Operator" means any person who operates or is in charge of the operation of a boat.

(7) "Oregon Scenic Waterway Boat Permit" means a permit issued by the Oregon State Marine Board, or an agent of the Board, in accordance with ORS 830.175. The permit authorizes the holder to operate a boat on a specified river, or section of river, when such river has been designated a Scenic Waterway pursuant to ORS 390.805 to 390.925.

(8) "Party" means one or more persons traveling together.

(9) "Noncommercial Party Leader" means the person organizing a party and applying for a trip permit.

Stat. Auth.: ORS 830
Stats. Implemented: ORS 830.110
Hist.: MB 53, f. 9-26-73, ef. 10-15-73; MB 89, f. 12-27-77, ef. 1-1-78

250-030-0020

General Provisions

(1) Types of Propulsion: Motorboats will be propelled by propeller or water jet. Permits will not be issued to hovercraft or airboats.

(2) Types of Construction: All boats will be of sturdy construction and capable of being operated safely in the currents and rapids which are encountered. Permits will not be issued to boats or rafts of haphazard construction.

(3) The Director may issue special exemption permits to allow limited research, commercial or marine event boat operations in areas closed to motorboat use or otherwise regulated by OAR Chapter 250, Division 30. These permits shall not be issued for normal recreational boating activities or for operations that can reasonably be carried out without use of a motorboat or within existing motorized restrictions. The Director may condition the permit to minimize the impacts to the waterway and other users.

Stat. Auth.: ORS 830.110 & ORS 830.175
Stats. Implemented: ORS 830.110
Hist.: MB 53, f. 9-26-73, ef. 10-15-73; MB 6-1993, f. & cert. ef. 8-16-93

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.

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; OSMB 6-2013, f. 10-28-13, cert. ef. 11-1-13

250-030-0041

Special Regulation -- Manner of Operation

(1) Deschutes River:

(a) No person shall operate a motorboat in excess of "Slow -- No Wake", maximum 5 MPH, from the Columbia River upstream to a point approximately 1,500 feet (500 yards) as marked;

(b) No person shall operate more than two round trips from Heritage Landing Boat Ramp or Macks Canyon Boat Ramp per day, except for emergencies;

(c) No person shall operate a motorboat with more than seven persons on board, including the operator, with the exception of one U.S. Coast Guard certified tour boat with a maximum of 16 persons operating under BLM Special Use Permit between the confluence with the Columbia River and Sherars Falls. This passenger capacity does not apply to persons operating while under landowner ingress/egress permit;

(d) A special "pass through" zone is established from the "Slow -- No Wake", 5 MPH zone below Moody Rapids and the upstream end of Rattlesnake Rapids, as posted. No person shall stop or anchor any boat for the purpose of picking up or discharging passengers in this zone, except in an emergency.

(2) Rogue River:

(a) No person shall anchor a boat, except within ten feet of the shoreline, in the following river segments, which are designated "anchoring prohibited" zones, during the period August 1 to September 30:

(A) From a point approximately 100 yards upstream of the confluence with the Applegate River to a point approximately 450 yards downstream of that confluence at River Mile (RM) 94.8 as marked;

(B) From RM 93.5 to 94.5, as marked.

(C) Highway Hole -- A 200 foot segment located approximately 1/2 mile upstream of Robertson Bridge (RM 86.7), as marked.

(b) No person shall anchor, stop or otherwise hold their boats position in such a manner as to impede the safe navigation of any other craft in the following river segments, which are designated pass through zones, during the period August 1 to September 30;

(c) Brushy Chutes -- From a point approximately 200 feet upstream of the island at RM 88 to a point approximately 750 feet downstream of that island, as marked.

Stat. Auth.: ORS 830.110 & ORS 830.175
Stats. Implemented: ORS 830.110 & ORS 830.175
Hist.: MB 4-1989, f. & cert. ef. 7-6-89; MB 5-1989, f. & cert. ef. 7-6-89; MB 3-1993, f. 2-4-93, cert. ef. 5-15-93; MB 4-1994, f. & cert. ef. 3-23-94

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