Oregon Revised Statutes
Every boat or vessel used in navigating the water of this state or constructed in this state is liable and subject to a lien: For wages due to persons employed, for work done or services rendered on board such boat or vessel. For all debts due to persons by virtue of a contract, expressed or implied, with the owners of a boat or vessel, or with the agents,…
The classes of claims specified in ORS 783.010 shall have priority according to the order in which they are enumerated. The liens under ORS 783.010 shall have precedence over all other liens and claims against such boat or vessel, except the following liens, claims and security interests, whether or not the following liens, claims or security interests have…
Any person having a demand as mentioned in ORS 783.010, instead of proceeding for recovery thereof against the master, owner, agent or consignee of the boat or vessel, may at the person’s option commence an action against such boat or vessel by name.
Any person wishing to commence an action against a boat or vessel shall file the complaint against such boat or vessel by name with the clerk of the circuit court of the county in which the boat or vessel may lie or be. The complaint shall set forth the plaintiff’s demand in all its particulars, and on whose account the same accrued, and shall be verified by…
Whenever the complaint is filed, the clerk shall issue a warrant thereon, commanding the sheriff to seize the boat or vessel mentioned in the complaint, with the tackle, apparel and furniture of the boat or vessel and retain the same until discharged from such custody by due course of law.
Upon the return of any warrant issued as prescribed in ORS 783.050, proceeding shall be had in the circuit court against the boat or vessel seized, in the same manner as if the action had been commenced against the person on whose account the demand accrued.
The master, owner, agent or consignee of the boat or vessel may appear on behalf of the boat or vessel and answer the complaint.
If in any action commenced under ORS 783.030 and 783.040 the master, owner, agent or consignee does not appear and answer the complaint, the plaintiff may proceed to take judgment in the same manner and under the same restrictions as in a civil action against a natural person. If an issue of fact is joined, the same proceeding shall be had as in other action…
If the master, owner, agent or consignee, before final judgment in any action commenced in pursuance of ORS 783.030 and 783.040, enters into an undertaking in favor of the plaintiff, with sufficient security, to be approved by the judge or clerk of the court in which the action is pending, conditioned to satisfy the amount which is adjudged due and owing to …
If judgment is for the defendant, any deposit in lieu of an undertaking shall be returned to the person making the same; or if a balance remains after satisfying any judgment in favor of the plaintiff and costs of suit, the balance shall be so returned.
If judgment is rendered against any boat or vessel in favor of the plaintiff, the court shall make an order directed to the sheriff, commanding the sheriff to sell the boat or vessel, together with its tackle, apparel and furniture, to satisfy the judgment and costs which may have accrued in the cause, which order shall be executed and returned in the same m…
If an undertaking with surety was given according to ORS 783.090 and judgment rendered in favor of the plaintiff, a judgment shall also be rendered upon the undertaking, and execution issued for the amount of judgment and costs in favor of the plaintiff, against the principal and security in such undertaking.
When any boat or vessel is sold in pursuance of ORS 783.110 to 783.160, the officer making the sale shall execute to the purchaser a bill of sale therefor, and such boat or vessel shall, in the hands of the purchaser and the purchaser’s assigns, be free and discharged from all previous liens and claims under this title.
Any other person having or claiming a lien against any boat or vessel in pursuance of ORS 783.010 may, at any time after the sale upon execution and before payment over of any surplus in the hands of the sheriff, commence an action against such boat by name, as if the same had not been sold, and serve notice thereof upon the former master, owner, agent or co…
In the distribution of the proceeds of sale, claims of a prior class shall be paid entire before any payment shall be made upon claims of a subsequent class. When the money to be applied to any class is insufficient to pay all the claims of that class, it shall be apportioned ratably among the claims of that class.
If it appears to the court in which the action is pending, or the judge thereof, that the liens against the boat or vessel can be satisfied by a sale of the tackle, apparel and furniture, or a part thereof, or a fractional share in such boat or vessel, the court or judge may modify the order of sale accordingly. If in pursuance of such order a sale is made o…
All actions against a boat or vessel under ORS 783.010 to 783.160 shall be commenced within one year after the cause of action has accrued. NAVIGATIONAL WRONGS AND REMEDIES
If any person in control of any watercraft conducts or navigates the watercraft intentionally or negligently so as to destroy or injure the property of another, the person and the person’s employer each shall be liable in damages for the property so injured or destroyed, and the damages shall be a lien on the watercraft.
The owner or owners of any boat or vessel which, when navigating the waters of this state or when within the waters of this state, has, through the negligence or misconduct of the owner, agent, master, pilot or employees thereon, caused injury to persons or property upon shore or upon wharves, warehouses, bridges or other structures affixed or contiguous to …
The person so injured may at the time of filing the complaint, or at any time subsequent thereto, cause an attachment to issue against the vessel. The clerk of the circuit court shall issue a writ of attachment directing the sheriff of the county to levy upon, seize and take the vessel; but such attachment shall only issue upon the filing by the plaintiff of…
The sheriff shall redeliver the vessel attached to the owner or master thereof upon the owner or master delivering to the sheriff an undertaking, with one or more sufficient sureties approved by the judge of the court, or in case of the judge’s absence by the sheriff, which undertaking shall be so conditioned that the obligors therein shall pay to the plaint…
If the owner of the vessel is nonresident of and not within Oregon, service of the summons and complaint shall be made upon the master or person in charge of the vessel, with the same force and effect as though made by publication. In such event the owner shall be required to appear and answer to the complaint within the same time as though the owner were se…
The attachment provided for in ORS 783.330 shall have priority over any mortgage upon the vessel and over any liens thereon not of a maritime nature. SHIPBREAKING ACTIVITIES
As used in this section: “Dry dock” means a graving dock or a floating dry dock. “Floating dry dock” means a vessel or structure that can be flooded to allow a ship to be floated in and drained to allow the ship to come to rest on a dry platform. “Fouling communities” means the matrix consisting of: Native or nonnative species attached to the hull of a s…
No person shall entice, persuade or by any means attempt to persuade, any seaman to desert from, or without permission of the officer then in command thereof to leave or depart therefrom, either temporarily or otherwise, any ship or steamer or other vessel while such ship, steamer or other vessel is within the waters under the jurisdiction of this state or w…
No person shall knowingly and with manifest intention to deprive the owner or master of any ship or vessel of the services of any seaman, harbor or secrete, or by any means aid in harboring or secreting with the intention aforesaid, any seaman mentioned in ORS 783.510.
No person shall demand or receive, either directly or indirectly, from any seaman or apprentice, or from any person seeking employment as a seaman or apprentice, or from any person on behalf of the seaman or apprentice, any remuneration whatever for providing the seaman or apprentice with employment on board any seagoing vessel.
No operative statutory text appears at this designation in the selected edition.
No person not acting in an official capacity shall board or attempt to board any ship or other vessel on the Willamette or Columbia River, not engaged in the carrying of passengers for hire, without the consent first obtained of the captain, master or other officer in command thereof at the time.
No officer or seaman of a seagoing vessel or ship shall be arrested or imprisoned for debt. No officer shall execute a process of arrest for debt upon such officer or seaman.
The mayor and common council of the cities of Portland and Astoria, severally shall appoint or designate a person or officer to see that ORS 783.510 to 783.560 are not violated and that the provisions thereof are enforced. Such person or officer shall have all the authority and powers of a peace officer, and may make arrests for violation of ORS 783.510 to 7…
Any tugboat towing for hire in any of the waters of this state is a common carrier for the business of towing vessels. No master or owner of any such tug shall refuse to tow any vessel of the class usually towed by such a tug, or shall discriminate either in the charges for towing or in time; but they shall tow all such vessels in the order in which they may…
Any person or corporation operating any steamboat or other watercraft upon the Willamette River above the City of Portland, shall so construct the smokestacks upon such steamboat or other watercraft with hinges so arranged that the smokestacks thereon can be lowered to a level with the pilot house upon such steamboat or other watercraft when necessary to pas…
No operative statutory text appears at this designation in the selected edition.
No person shall moor any vessel of any kind or any name, or any boat, skiff, barge, scow, raft, or part of a raft, to any buoy or beacon placed in the navigable waters of this state, or in any bay, river or arm of the sea bordering upon this state, by the authority of the United States Coast Guard or shall in any manner hang on with any vessel, boat, barge, …
Except as provided in ORS 783.635, a person may not discharge the ballast of any vessel into the navigable portions or channels of any of the bays, harbors or rivers of this state, or within the jurisdiction of this state, so as to injuriously affect such portions or channels of such bays, harbors or rivers, or to obstruct navigation thereof.
As used in ORS 783.625 to 783.640, unless the context requires otherwise: “Ballast water” means any water used to manipulate the trim and stability of a vessel. “Cargo vessel” means a ship in commerce that is equipped with ballast tanks, other than a tank vessel or a vessel used solely for commercial fish harvesting, of 300 gross tons or more. “Coastal ex…
ORS 783.625 to 783.640 apply to all vessels carrying ballast water from a voyage into the waters of this state, except a vessel that: Discharges ballast water only at the location where the ballast water originated, if the ballast water is not mixed with ballast water from areas other than open sea waters; Does not discharge ballast water in waters of this…
Except as authorized by this section, the discharge of ballast water in the waters of this state is prohibited. An owner or operator of a vessel may discharge ballast water in the waters of this state: If the owner or operator has conducted a complete open sea or coastal exchange of ballast water prior to entering the waters of this state. The open sea or …
The Department of Environmental Quality shall collect a fee of $88 for each trip by vessels regulated under ORS 783.625 to 783.640. All fees collected by the department under this section shall be paid into the Ballast Water Fund established under ORS 783.638. The Environmental Quality Commission may adopt by rule procedures for the payment of the fees spe…
The Department of Environmental Quality shall assess a late charge of $25 against the owner or operator of a vessel if the department has not received the fee specified in ORS 783.636 by the due date specified by the department. The department shall assess an additional late charge of $25 if the owner or operator of a vessel has not paid the fee specified i…
The Ballast Water Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Ballast Water Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the Department of Environmental Quality to: Monitor vessels regulated under ORS 783.625 to 783.640; Screen ballast water manage…
Owners or operators of vessels regulated under ORS 783.625 to 783.640 must report ballast water management information to the Department of Environmental Quality: For voyages greater than 24 hours in length, at least 24 hours prior to entering the waters of this state; or For voyages less than 24 hours in length, prior to departing the port or place of dep…
Violation of ORS 783.510, 783.520 or 783.610 is a Class B misdemeanor. Violation of ORS 783.530, 783.550 or 783.580 is a Class C misdemeanor. Violation of ORS 783.560 by any officer is a Class D violation. Violation of ORS 783.590 and injury or damage of any bridge across the Willamette River for want of the appliances described in ORS 783.590 is a Class …
As specified in ORS 468.140, the Director of the Department of Environmental Quality may impose a civil penalty on the owner or operator of a vessel for failure to comply with the requirements of ORS 783.625 to 783.640. _______________ CHAPTERS 784 TO 800 [Reserved for expansion]