|Good Boating Ettiquette Prevents Regulations
Nearly all recent petitions seeking motorboat restrictions resulted from conflicts between various user groups and/or landowners. Most of the conflict could be avoided if people tried harder to get along and respected other people's property and space. County Commissions and Oregon Legislators are increasingly involved in seeking resolution, adding to the pressure to restrict motorized boating. PLEASE respect other users rights. Click here to learn more.
|Proposed Rules for 2010...
The Board will review and consider petitions for proposed rulemaking for new local boating regulations or changes to existing rules only once a year. Petitions are due on April 1 each year.
To view the petition procedure, click here.
|New Boating Laws for 2010
|Willamette River -Clackamas, Yamhill and Marion Counties
Willamette River in Clackamas, Yamhill and Marion counties
Location: Willamette River between Newberg and Canby
Implementation: January 1, 2010
Enforcement Authority: 830.210 Operate/Permit Operation of Improperly Equipped Boat
or 830.355 Overloading. Class B violation = $323 citation if involved in an accident, $287 if citation is issued (non-accident related).
Rule Summary: Use of wake-enhancing devices prohibited.
Background: This rule was adopted to address wake-related property damage on this narrow stretch of the Willamette River. It was adopted simultaneously to the rule that established a 100’ no-wake zone near private docks.
OAR 250-020-0032 Boat Operations:
(5) On the Willamette River from the Hwy 219 Bridge at RM 48.5 to the upper end of Willow Island at RM 31.5, the following rules apply:
(a) No person shall operate a motorboat at a speed in excess of a "Slow -- No Wake" maximum 5 mph speed within 100 feet of private docks, boathouses or moorages legally permitted by the Oregon Department of State Lands.
(b) Beginning January 1, 2010, no person shall use wake-enhancing devices, including ballast tanks, wedges or hydrofoils or other mechanical devices, or un-even loading of persons or gear, to artificially operate bow-high.
Ross Island Lagoon -Multnomah County
Ross Island Lagoon in Multnomah County
Location: Willamette River, Portland, at Ross Island
Adopted: Oct. 2009
Rule Summary: Slow-no-wake inside the Ross Island Lagoon, effective January 1, 2010.
Background: This rule was adopted as the result of a petition seeking speed restrictions in the lagoon and in the adjacent Holgate Channel. The no-wake zone was adopted, and staff was directed to initiate a work group to consider solutions to user conflict in the Holgate Channel. That user group will be implemented in January 2010.
250-020-0281 - Boat Operations in Multnomah County
…(2) No person shall operate a recreational watercraft in excess of slow-no-wake in the following area: Ross Island Lagoon.
PFD Requirement for Class III or Higher Whitewater Rapids
Personal Flotation Devices
Location: Statewide, for Class III and greater white water.
Adopted: January 2010
830.215 Personal Flotation Devices; rules.
Class B Violation = $287 non-accident citation.
Rule Summary: Persons boating through Class III or greater whitewater must be wearing an appropriately sized personal flotation device.
Background: The 2009 Oregon Legislature adopted HB 2079, directing the Marine Board to adopt rules implementing the following language: “a person operating a boat on any section of waters rated class III or higher on a commonly accepted scale of river difficulty, and all passengers in the boat, shall wear a properly secured personal flotation device.”
250-010-0154 - Personal Flotation Devices
…(10) Personal Flotation Device Requirements for Class III or Higher Water:
A properly secured personal flotation device must be worn by persons in a boat while navigation sections of river with a commonly accepted scale of river difficulty rated Class III or higher.
The person flotation devices worn by boaters must:
Be approved by the U.S. Coast Guard as a Type I, III, or V personal flotation device.
Not have a limitation or restriction on its approval that would prevent its use on whitewater rivers.
Not be an inflatable personal flotation device regardless of rating type.
Salem Waterfront Park -Marion/Polk Counties
Salem Waterfront Park – Marion/Polk Counties
Location: Salem Waterfront Park.
Adopted: April 2009
Rule Summary: Establishes a 100’ SNW zone adjacent to the dock. This simplifies enforcement by making the rule the same for motorboats and PWCs accessing the slough southeast of the docks. Prior to this, PWCs had a 200’ zone, and powerboats had no zone, resulting in confusion and wakes impacting the sternwheeler.
250-020-0261 - Boat Operations on the Willamette River in Marion and Polk Counties
No boat shall be operated at a speed in excess of 5 MPH on the Willamette River, in Polk and Marion Counties, in the following locations:
…(3) Within 100 feet of the moorage dock at the Salem waterfront park.
Cheadle Lake -Linn County
Cheadle Lake, Linn County (Lebanon)
Location: East of Lebanon along Hwy 20.
Adopted: January 2010
Rule Summary: This 106 acre former log pond has been converted to a public park/fishing opportunity suitable for small paddle craft and electric-powered vessels.
250-020-0240 - Boat Operations in Linn County
…(5) No person shall operate a motorboat, except with an electric motor, on Cheadle Lake.
Waldo Lake -Lane County
Waldo Lake, Lane County
Location: Crest of the Cascades, north of Hwy 58.
Adopted: January 2010
Rule Summary: Use of internal combustion motors in boats and floatplanes operating on the surface of Waldo Lake is prohibited year-round.
250-020-0221 – Boat Operations on Certain Waters in Lane County
…(10) Use of internal combustion motors in boats and floatplanes operating on the surface of Waldo Lake is prohibited year round. “Watercraft” includes boats and floatplanes operating on the surface of Waldo Lake. Official use of internal combustion motors in watercraft operated on the surface of 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…
Aquatic Invasive Species Rules
Aquatic Invasive Species Rules
Adopted: October 2009, January 2010
830.560 Launching a boat with aquatic invasive species prohibited:
Class B Violation = $287 for knowingly transporting and launching into Oregon waters.
830.565 Failure/Possess/Produce/or Altered AIS permit:
Class D Violation for not carrying a permit = $142 citation.
Rule Summary: Rules implement HB 2220. States requirement for all motorboats and manually powered boats 10’ and longer to carry an Aquatic Invasive Species Permit. Motorboat permits are concurrent with registration, decal serves as permit, permit non-transferable to other boats. Cost is $5 per registration period (2 years).
For manually powered boats: Cost is $7 per year. Each boat 10’ or longer must have one permit aboard. Name on the permit does not need to match the name of the holder. Minimum age for requirement is 14. Permits available through ODFW license agents, online at www.dfw.state.or.us, or from OSMB.
Nonresidents: Nonresident powerboat operators must purchase a permit prior to operation in Oregon waters. Cost is $22. For Washington and Idaho residents, permits not required on mainstem Columbia or Snake rivers, or at access points within 1 river mile of Columbia or Snake rivers.
In addition, HB 2583 requires boats to be free of aquatic vegetation when launching in waters of the state.
Aquatic Invasive Species Prevention Permit
(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” means a document 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.
(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 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 as described in (1)(b).
(B) The validation stickers are non-transferable.
(c) 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.
(d) Out-of-state motorboats and out-of-state sailboats 12 feet in length or more shall carry a non-resident aquatic invasive species prevention permit on board when in use on waters of the state.
(e) Non-motorized and out-of-state resident permits are transferrable. 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.
(f) 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 HB 2220 (2009 Legislature). 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.
(g) 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 HB 2220, may purchase aquatic invasive species prevention permits under the name of the organization or the club’s presiding officer or secretary.
(A) The aquatic invasive species prevention permit may be attached to the boat in a manner allowing it to be easily produced for inspection by a peace officer.
(B) For boats classified as university or college racing shells which compete in intercollegiate crew races, 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.
(h) 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.
(i) A person is considered in violation of the provisions contained in HB 2220 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.
(j) The aquatic invasive species prevention permit expires on December 31 of the year indicated on the permit.
(k) 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
(E) A ship’s lifeboat used solely for lifesaving purposes
(G) The Lightship Columbia
(l) Violation of the provisions contained in HB 2220 is punishable as a Class D Violation.
(3) Out-of-state motorboats and out-of-state sailboats 12 feet in length or more shall purchase and carry a non-resident aquatic invasive species prevention permit on board when in use on waters of the state.
(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.