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OSMB News
Marine Board Holding Special Board Meeting
For Immediate Release -2/1/12
 
The Oregon State Marine Board will hold a special Board meeting on Thursday,
February 9, at 2:00 p.m. The meeting will be held at the Oregon State Marine Board office, 435 Commercial St NE, Suite 400, in Salem. The public is invited to attend, however; the Board will not be accepting public testimony at this meeting. 
 
The Board will be considering the following:
 
Staff will recommend initiating the rulemaking process to re-adopt OAR 250-020-0221 and OAR 250-030-0030 in order to correct alleged procedural irregularities related to their previous rule adoption.  Those rules implement the Oregon Scenic Waterway Act by prohibiting internal combustion motorboats and floatplanes on Waldo Lake, a statutorily-designated state scenic waterway, in order to preserve the natural setting of Waldo Lake, minimize disturbance of its natural beauty, protect its aesthetic values, and provide an unimpaired recreational experience.  An exception is provided in the rules for official governmental use and emergency landings of floatplanes.
 
In a rule challenge pending in the Oregon Court of Appeals, Columbia Seaplane Pilots Assoc. v. State Marine Board, Oregon Court of Appeals Case No. A148192, certain procedural irregularities have been alleged, including the assertion that the fiscal impact statements for the challenged rules were inadequate.  In order to provide an opportunity to correct the alleged procedural irregularities related to the previous rule adoption, the agency is contemplating initiating further rulemaking to enable the Board to take final action on the basis of new fiscal impact statements and other relevant information.  Such action could potentially take the form of amending the rules to modify the prohibition of internal combustion motorboats and floatplanes on Waldo Lake or repealing the rules.
 
If the Board votes to initiate rulemaking, public comment will be accepted from March 1, through April 10.   Written comments received outside the comment period will not be considered. The Board is expected to finalize rulemaking at a special meeting to be held in Eugene at 6 pm on April 10.  The public will be given an opportunity to provide testimony during this April 10 meeting.
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