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Marine Board Upholds Ban on Gas Motors in Boats on Waldo Lake
For Immediate Release -4/13/12
The Oregon State Marine Board voted Tuesday, April 10 in Springfield, to maintain a prohibition on internal combustion motors in boats on Waldo Lake.  The decision follows re-opening the rules for Waldo Lake after seaplane pilots and motorboat proponents filed a lawsuit challenging the original ban in 2010. 
“The Marine Board reopened the rule to correct perceived procedural errors that could have resulted in the ban being overturned,” said the agency’s Director, Scott Brewen.  “In doing so we addressed the key concerns including use of a rule advisory committee to consider economic impacts.  During the public comment period we received 4500 written comments and 52 oral comments, with 92 percent in favor of maintaining the ban,” added Brewen.
One aspect of the original rule that was excluded by the Marine Board was the prohibition on seaplanes.  Statute provides authority to the Marine Board to regulate seaplanes “on the water and not in flight,” but also requires such actions to be “in cooperation with the State Aviation Board.”  The 2010 rulemaking process lacked a direct cooperative effort.  Brewen met several times with the Aviation Board this time to fulfill that requirement. “We did sit down with members of the Aviation Board but could not find agreement to prohibit seaplane operation on Waldo Lake,” said Brewen. “The Aviation Board’s view of seaplanes as a mode of conveyance to Waldo Lake resulted in the inability of the two boards to arrive at a cooperative agreement to restrict or limit seaplanes.  The concessions the Aviation Board was willing to make would not be enforceable under Marine Board statute, so those rules would need to be adopted by the Aviation Board.  The Aviation Board has since voted to begin rulemaking regarding seaplane operation at Waldo Lake. We will work cooperatively with the Aviation Board, but the ball is currently in their court.”     
To view the staff report presented at the Waldo Lake public hearing, including the approved rule language, visit http://www.boatoregon.com/OSMB/programs/docs/StaffReportWaldo04.10.12.pdf.