Title 61 — SMALL WATERCRAFT
As used in this chapter, unless the context requires otherwise: “Board” means the State Marine Board. “Boat” means every description of watercraft, including a seaplane on the water and not in flight, used or capable of being used as a means of transportation on the water, but does not include boathouses, floating homes, air mattresses, beach and water toy…
ORS 830.005, 830.015 to 830.050, 830.175, 830.210 to 830.420 and 830.475 to 830.490 apply to all boats operated in the waters of this state. Notwithstanding subsection (1) of this section, ORS 830.005, 830.015 to 830.050, 830.175, 830.210 to 830.420 and 830.475 to 830.490 do not apply to a boat when application of the statutes would be inconsistent with fed…
Nothing in ORS 830.005, 830.015 to 830.050, 830.175, 830.210 to 830.420 and 830.475 to 830.490 is intended to affect the provisions of ORS 783.610, 830.060 to 830.140, 830.175 to 830.185, 830.700 to 830.715, 830.725, 830.730, 830.770, 830.780, 830.785, 830.795 to 830.820 or 830.830 to 830.870. The provisions of ORS 830.005, 830.015 to 830.050, 830.175, 830.…
The sheriff of each county and all other peace officers shall be responsible for the enforcement of this chapter and any regulations made by the State Marine Board pursuant thereto. In the exercise of this responsibility, a peace officer may stop any boat and direct it to a suitable pier or anchorage for boarding. No person, while operating a boat on any wa…
Any law enforcement agency within the State of Oregon that receives a report of a previously unreported stolen boat shall notify the State Marine Board within 72 hours after receiving the report. The report shall include all information concerning the theft and the boat involved. Any law enforcement agency within the State of Oregon that recovers a boat tha…
No political subdivision of this state may enact or enforce any law contrary to the provisions of this chapter.
If any person finds a boat which is lost or adrift the person shall report the whereabouts of the boat to the owner or to any peace officer at the earliest possible time.
No person shall make or file, with intent to deceive, with any law enforcement agency a false or fraudulent report of the theft of a boat required to be numbered in the State of Oregon.
As used in this section, “invasive species” has the meaning given that term in ORS 570.755. The State Marine Board shall administer a program designed to beautify and protect the state’s rivers through the removal of litter and invasive species. The program shall include public informational activities, but shall be directed primarily toward encouraging and…
If any provision of ORS 830.060 to 830.140, 830.700 to 830.715, 830.725, 830.730, 830.770, 830.780, 830.785, 830.795 to 830.820 and 830.830 to 830.870 conflicts with federal requirements so that the system of identifying numbers for boats devised by the State Marine Board is not approved by the secretary of the department of the federal government under whic…
The Boating Offense Compact is enacted into law and entered into on behalf of this state with all other states legally joining therein in a form substantially as follows: ______________________________________________________________________________ ARTICLE I Findings and Declaration of Policy The party states find that: The safety of their waters is ma…
The State Marine Board shall establish and implement a program to provide mandatory boating safety education. Note: 830.082 to 830.094 were added to and made a part of ORS chapter 830 by legislative action but were not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
In establishing the mandatory boating safety education program pursuant to ORS 830.082, the State Marine Board shall: Set a minimum standard of boating safety education. The minimum standard shall be consistent with the applicable standard established or approved by the National Association of State Boating Law Administrators. The board by rule may update t…
A person may obtain a boating safety education card if the person: Is at least 12 years of age; Passes the boating safety course and examination described in ORS 830.084 (2), or the equivalency exam described in ORS 830.084 (3), or submits proof to the satisfaction of the State Marine Board that the person has taken a boating safety course that is substant…
A person 12 to 15 years of age who has obtained a boating safety education card may operate a motorboat with an engine of 10 horsepower or less. In addition, a person 12 to 15 years of age who has obtained a boating safety education card may operate a motorboat with an engine greater than 10 horsepower if accompanied by and under the direct supervision of a …
A person may operate a motorboat with an engine greater than 10 horsepower if the person: Is at least 16 years of age; and Obtains a boating safety education card pursuant to ORS 830.086; or Is accompanied by and under the direct supervision of a person 16 years of age or older who has obtained a boating safety education card pursuant to ORS 830.086. Not…
A boating safety education card is not required if a person: Is at least 16 years of age and rents a motorboat with an engine greater than 10 horsepower and completes a required dockside safety checklist before operating the boat; Possesses a current commercial fishing license as required by ORS 508.235; Possesses a valid United States Coast Guard commerc…
A person operating a motorboat shall carry the person’s boating safety education card on the boat and shall present the card to a peace officer upon request by the peace officer. Note: See note under 830.082.
In any proceeding for a violation of ORS 830.088, 830.090, 830.092 or 830.094, the court shall conditionally suspend all or part of the fine to be imposed on the defendant if the defendant appears personally and agrees to complete, at the defendant’s own expense, a boating safety course approved by the State Marine Board under ORS 830.084 within the time lim…
It is the policy of this state to promote safety for persons and property in and connected with the use, operation and equipment of boats and to promote uniformity of laws relating thereto.
There hereby is created the State Marine Board consisting of five members to be appointed by the Governor and to serve at the pleasure of the Governor. Each member shall be a resident of this state, a citizen of the United States, and at the time of appointment shall have resided in this state for at least one year. All appointments of members of the board…
In addition to the powers and duties otherwise provided in this chapter, the State Marine Board shall have the power and duty to: Make all rules necessary to carry out the provisions of this chapter. The rules shall be made in accordance with ORS chapter 183. Devise a system of identifying numbers for boats, floating homes and boathouses. If an agency of t…
The State Marine Board shall at least once every three years conduct a survey of owners and others to determine, by county, the kinds of boating activity on the various waters of the state during different periods of the year. Boating activity in a county shall be determined by taking into consideration the number and kinds of boats engaging in different boa…
The term of office of a member is four years beginning on July 1 of the year of appointment. A member shall continue to serve until a successor has been appointed and qualifies. Before a member’s term expires, the Governor shall appoint a successor to assume duties on July 1 at the expiration of the predecessor’s term. A vacancy in office shall be filled by …
Members of the State Marine Board are entitled to compensation and expenses as provided in ORS 292.495.
The State Marine Board shall select one of its members as chairperson and another as secretary, each of whom shall hold office for one year, or until the selection of a successor. Three members of the board constitute a quorum for the transaction of business. The board shall meet at least once every three months at a place, day and hour determined by the boa…
The State Marine Board shall appoint a State Marine Director who shall serve at the pleasure of the board. The director shall devote full time to the duties of the office. With the approval of the board, the director shall: Administer the numbering, certificating, recording and licensing duties of the board. Perform any other duties assigned by the board.…
In addition to the powers and duties otherwise provided in this chapter, the State Marine Board shall have the power and duty to make grants from funds received through the Clean Vessel Act of 1992, 16 U.S.C. 777c and 777g, P.L. 102-587, and through the Boating Infrastructure Grant Program, as established by the Sportfishing and Boating Safety Act of 1998, 1…
On or before the 10th day of each month, the State Marine Board shall pay into the State Treasury, except as provided in ORS 830.948, all moneys received by the board during the preceding calendar month. The State Treasurer shall credit the moneys to the Boating Safety, Law Enforcement and Facility Account, which account hereby is created, separate and disti…
Amounts remaining in the Boating Safety, Law Enforcement and Facility Account in excess of funds obligated under ORS 830.140 (2) shall be distributed, upon application, to a federal agency, the state, a city, county, water improvement district, park and recreation district or a port. Distribution shall be made on the basis of need for a facility as that need…
A revolving fund not to exceed $2,500 may be established within the State Marine Board from funds available under section 1 (1), chapter 84, Oregon Laws 1991. This revolving fund may be used for payment of state claims appropriately authorized by the State Marine Board not to exceed $50 per transaction. The fund shall be replenished periodically through char…
In addition to any other authority to promote safe boating pursuant to this chapter, the State Marine Board may cause the removal of any obstruction consisting of logs, rocks or other debris resulting from natural causes from the waters of this state if the board finds the obstruction to be an extraordinary hazard to boating safety. The board may pay the cos…
In order to protect the public interest in the prudent and equitable use of the waters of this state and enhance the enjoyment of pleasure boating and other recreational water sports thereon, the State Marine Board shall establish and pursue comprehensive educational programs designed to advance boating safety. The board shall put into effect a program to t…
The State Marine Board is authorized to enter into bilateral, reciprocal agreements with other jurisdictions to provide mutual assistance in the disposition of boating offenses committed by residents of one jurisdiction while in the other jurisdiction.
In addition to those powers and duties set forth in ORS 830.110, the State Marine Board shall review county boat use permit programs, adopted by county ordinance, for approval or denial. The board shall review county boat use permit programs under the following standards: Funds shall be dedicated to county boating programs for boating safety, marine law en…
The State Marine Board, upon consideration of the size of a body of water and traffic conditions, may make special regulations consistent with the safety and the property rights of the public or when traffic conditions become such as to create excessive congestion, relating to the operation of boats in any waters within the territorial limits of any politica…
Except as provided in subsections (2) and (3) of this section, a person may not use a motor for propelling a boat or for any purpose on the following named waters of this state: ______________________________________________________________________________ Counties Lakes, Reservoirs and Rivers Clackamas Trillium Lake Deschutes Charlton, Devils, Irish, Lu…
A person may not operate a boat with an outboard or inboard motor at a speed in excess of 10 miles per hour during those hours of the day and on those days of the year that it is lawful to fish, on East Lake, Paulina Lake and Elk Lake in Deschutes County; Magone Lake in Grant County; Timothy Lake in Clackamas County; and Davis Lake in Deschutes and Klamath C…
Except as provided in subsections (2) and (3) of this section, a person may not use a motor to propel a boat on Waldo Lake or use a seaplane to land on or take off from Waldo Lake. Subsection (1) of this section does not apply to the Department of State Police and any other public body, as defined in ORS 174.109, that has jurisdiction over the lake. Subsec…
The governing body of a political subdivision of this state may apply to the State Marine Board for a temporary suspension of a speed restriction on a specific body of water within the territorial limits of the political subdivision and, after a hearing upon notice, the board may suspend the restriction, such suspension not to exceed 72 hours.
In addition to any other authority to regulate boating activities pursuant to this chapter, the State Marine Board may regulate and restrict boating activities to protect traditional boating uses and to prevent boating user conflicts.
Except as otherwise provided in this section, it is unlawful to operate a boat on the waters of this state if a county requires a boat use permit to do so and the operator of the boat has not obtained the permit. Notwithstanding the provisions of subsection (1) of this section, a resident of the State of Idaho may operate a boat on the waters of this state …
No person shall operate or give permission for another person to operate a boat which is not equipped as required under ORS 830.005, 830.015 to 830.050, 830.175, 830.210 to 830.420 and 830.475 to 830.490.
All boats must carry at least one United States Coast Guard approved personal flotation device in good and serviceable condition for each person on board. Each device must be of an appropriate size for the person for whom it is intended and must be readily accessible whenever the boat is in use. As used in this subsection, a personal flotation device is not …
Every motorboat shall carry on board, fully charged and in good condition fire extinguishers of a type required by the board by rule. The State Marine Board shall make rules for fire extinguishers in accordance with ORS chapter 183. When the board makes rules under this section it may consider fire extinguisher requirements and standards adopted by the Uni…
On all waters of the state, every boat shall carry and exhibit the lights required by rules promulgated by the State Marine Board. Such rules shall be designed to prevent collisions and generally promote boating safety. In promulgating such rules the board may consider lighting requirements and standards adopted by the United States Coast Guard and by federa…
Each boat shall carry on board, in good and serviceable condition, sound signaling devices of a type required by the board by rule. The board shall make rules for sound signaling devices in accordance with ORS chapter 183. When the board makes rules under this section, it may consider sound signaling requirements and standards adopted by the United States …
Carburetors on all engines of motorboats, other than outboard motors, shall be fitted with a U. S. Coast Guard approved device for arresting backfire.
Motorboats using fuel having a flashpoint of 110 degrees Fahrenheit or less shall have ventilating systems that meet standards provided by the State Marine Board for the purpose of properly and efficiently ventilating the bilges of every engine and fuel compartment in order to remove any inflammable or explosive gases. The board may, in accordance with ORS …
No person shall operate a boat in the waters of this state which rise and fall with the ebb and flow of the tide unless the boat is equipped with safety devices of a type prescribed by regulations of the State Marine Board made in accordance with ORS chapter 183.
The State Marine Board may require by rule that all boats or any class of boats shall carry or install additional equipment which in the opinion of the board is necessary for the safety of persons and property. The rules shall be made in accordance with ORS chapter 183 and, to the extent considered by the board to be consistent with safety of persons and pro…
The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle or suppress the noise of the exhaust in a reasonable manner. The use of cutouts or open exhaust stacks is prohibited, except: On motorboats competing in a regatta, race or trial for speed records authorized as …
Before hearing any charge for violation of ORS 830.260, a court shall notify the State Marine Board of the name of any person cited for violation of ORS 830.260 and the number of any boat used in the alleged violation. Upon receipt of a notification under subsection (1) of this section, the board shall: Notify the court of whether the person cited is the o…
No person shall operate a boat in violation of any provision of this chapter.
Except as provided in subsection (2) of this section, after leaving the waters of this state with a boat, a person shall remove or open all drain plugs, bailers, valves or other devices used to control the draining of water from ballast tanks, bilges, livewells and motorwells before transporting a boat within this state. Subsection (1) of this section does …
A person commits the crime of unsafe operation of a boat if the person operates a boat in a manner that endangers or would be likely to endanger any person or property.
A person commits the crime of reckless boating if the person recklessly operates a boat in a manner that endangers the safety of persons or property. As used in this subsection, “recklessly” has the meaning given that term in ORS 161.085. A person may not operate any boat at a rate of speed greater than will permit that person in the exercise of reasonable …
A person under the influence of an intoxicating liquor, cannabis, psilocybin, an inhalant or a controlled substance may not operate, propel or be in actual physical control of any boat on any waters of this state. An owner of a boat or person in charge or in control of a boat may not authorize or knowingly permit the boat to be propelled or operated on any …
The owner of a boat shall be liable for the negligent operation of the boat in the same manner and to the same extent as the owner of a motor vehicle is liable under the rule of law which holds one person liable for the act of another who operates a motor vehicle for a family purpose. Subsection (1) of this section does not apply in actions in which courts …
The operator of a boat shall keep a proper lookout at all times while underway.
Except as provided by paragraph (b) of this subsection, when two boats are approaching each other “head on” or nearly so (so as to involve risk of collision), each boat shall bear to the right and pass the other boat on its left side. On rivers, or those sections of rivers, which are state waters, boats proceeding downstream shall have the right of way over…
No person shall so anchor a boat for fishing or other purposes on any body of water over which the state has jurisdiction in such a position as to obstruct a passageway ordinarily used by other boats. No person shall operate a boat within a water area which is clearly marked by buoys or some other distinguishing device as a bathing or swimming area.
No person shall operate a racing motorboat, for the purpose of trying or testing the boat or equipment on the boat, in any areas or during the time when one of the following conditions exist: Where boats are anchored. Where people are swimming. Near populated beaches. Among water-skiers. Among boats underway. Where persons or property will be endangere…
No boat shall be loaded with passengers or cargo beyond its safe carrying capacity, taking into consideration weather and other normal operating conditions.
No person operating a motorboat shall allow any person to ride or sit on the deck over the bow of the boat while under way unless the motorboat is provided with adequate guards or railing. No person operating a motorboat shall allow any person to ride or sit on the starboard or port gunwales or on the transom of the boat while underway at a speed in excess …
A person may not operate a motorboat or have the motorboat engine idle while any person holds on to or occupies any portion of the motorboat that is located aft of the transom of the motorboat, including a step, ladder, platform or deck, in order to: Ride on that portion of the motorboat while the motorboat is under way at any speed; or Be pulled by the mo…
No person shall ride or manipulate any water skis, surfboard or similar device in a reckless or negligent manner so as to endanger any person or property. No person shall operate a boat for the purpose of towing a person on water skis, surfboard or similar device, and no person shall engage in waterskiing, surfboarding or similar activity at any time after …
No person shall moor a boat to any of the buoys or beacons placed in any waters of this state by the authority of the United States, an agency of the United States or by the State Marine Board nor in any manner hang on with a boat to such buoy or beacon. No person shall deface, remove or destroy any buoy, beacon or other navigational marker maintained in th…
At least 30 days before holding a regatta, boat race, marine parade, tournament or exhibition on the waters of this state, the person who will be in charge of the event shall apply to the State Marine Board for authorization to hold the event. The board shall provide by regulation for the manner of applying for and granting authorization and shall approve a…
When a peace officer observes a boat being operated on the waters of this state in an especially hazardous condition and determines that continuance of the voyage of the boat could place the occupants in imminent danger, the peace officer may order the operator of the boat to take immediate and reasonable steps to remedy the especially hazardous condition, i…
A person may not intentionally disobey a lawful order to take immediate and reasonable steps to remedy an especially hazardous condition that is issued under ORS 830.380 by another person known by the person to be a peace officer. Note: See note under 830.380.
ORS 830.380 and 830.383 do not apply to commercial fishing boats. Note: See note under 830.380.
In addition to any other authority to regulate boats and equipment, the State Marine Board shall require that any vessel engaged in the Klamath Lake plankton fishery and any associated watercraft meet minimum equipment and safety requirements prescribed by the board. In adopting rules necessary to implement subsection (1) of this section, the board: Shall …
An operator of a boat livery may not permit any boat the operator rents to depart from the livery premises unless the boat is equipped as provided under ORS 830.015 to 830.050, 830.175, 830.210 to 830.420 and 830.475 to 830.490.
The operator of a boat livery shall make and preserve for at least six months a written record of: The name of each person who hires a boat from the livery. The identifying number of the boat. The date on which the boat is hired, and the hour of departure from the livery. The expected date and hour of return. The date and hour of return.
The State Marine Board shall provide by rule minimum equipment requirements for boats rented or chartered to the public. The rules shall be made in accordance with ORS chapter 183. Designated representatives of the board may annually inspect all rental or charter boats to check for the equipment required by the board. Any inspections conducted shall be coor…
A person may not act as an operator of a boat livery without a boat livery registration issued by the State Marine Board. Application for a boat livery registration must be made in the form prescribed by the board and must contain the following: The applicant’s name. The applicant’s business address and telephone number. Proof of registration with the Se…
As used in ORS 830.430 to 830.465 and 830.997: “Charter boat” means: A boat used to carry seven or more passengers for hire for angling, sightseeing or other recreational purposes; or A boat that is licensed under ORS 830.447. “Charter boat” does not include a “passenger vessel” or “small passenger vessel,” as defined by the State Marine Board by rule, t…
Except as otherwise provided in this section, a person may not engage in the business of carrying seven or more passengers for hire for angling, sightseeing or other recreational purposes on the waters of this state without first obtaining a charter boat license from the State Marine Board. A person who holds a valid license or registration issued by the St…
The State Marine Board shall adopt rules establishing: Licensing requirements for operators of charter boats; and Safety standards for charter boats.
An individual who desires to obtain a charter boat license shall submit a written application to the State Marine Board. The application shall include information regarding the charter boat and copies of documents and licenses regarding operation of the charter boat as required by the board by rule. The application shall be accompanied by proof that the appl…
The liability protection required by ORS 830.440 shall be provided in one of the following ways: By a policy or policies of bodily injury liability insurance described as protection and indemnity insurance in the Standard American Institute Hull Form, issued by an insurer authorized by ORS chapter 731 to transact such insurance in this state. By a bond or …
The State Marine Board, by rule, shall provide for optional charter boat licensing if the boat is used to carry fewer than seven passengers for hire for angling, sightseeing or other recreational purposes. Upon request of a person, the board may issue a charter boat license for a boat that meets the requirements of rules adopted under this section. A boat …
The State Marine Board shall establish by rule the equipment that a charter boat must carry to operate in this state. The board shall consider requiring a charter boat to carry the following types of equipment: If the charter boat operates on navigable waters of the United States not more than 20 miles from the nearest port: First-aid kit. Automatic bilge…
A person may not make any false statement of material fact in submitting an application for a charter boat license under ORS 830.440. A person may not operate a charter boat to engage in activities for which a charter boat license is required: If the State Marine Board or a representative of the board determines upon inspection that, or if a peace officer …
For the purpose of ensuring the safe and legal operation of charter boats in this state, the State Marine Board: Shall require the disclosure of a boating, wildlife, hunting, angling, commercial fishing or public safety related violation by an operator, owner or deckhand of a charter boat that occurs within two years of the date on which a charter boat lice…
A person commits the offense of failure to perform the duties of an operator if the person is the operator of any boat involved in an accident that results in property damage and the operator fails to take reasonable steps to notify the owner or person in charge of the property of the damage, and provide to the owner or person in charge of the property the o…
The operator of any boat involved in an accident resulting in injury or death to any person or damage to property in excess of the dollar amount established by rule of the State Marine Board shall make a report of the accident to the board in such form and manner as the board by rule may prescribe. Whenever a report is insufficient in the opinion of the boa…
The State Marine Board shall prepare and make available to the public forms for accident reports required in ORS 830.480. The report shall call for sufficiently detailed information to disclose the cause of an accident, conditions then existing, and the persons and vehicles involved. Every accident report shall be made on a form approved by the board. The S…
All accident reports made to the State Marine Board shall be without prejudice to the individual reporting and shall be for the confidential use of administrative and enforcement agencies only. The board upon written request, shall, if available, disclose the following information to any party involved in the accident, or, in the event of the party’s death,…
When, as a result of an occurrence that involves a boat or its equipment, a person dies or disappears from a boat, the operator shall, without delay, by the quickest means available, notify the nearest sheriff department, state police post, Coast Guard station or other law enforcement agency of: The date, time and exact location of the occurrence; The name…
Any person who operates a boat on any waters of this state shall be deemed to have given consent to submit to chemical tests of the person’s breath for the purpose of determining the alcoholic content of the person’s blood if the person is arrested for operating a boat while under the influence of intoxicants while in violation of ORS 830.325 or of a municip…
At the trial of any civil or criminal action, suit or proceeding arising out of the acts committed by a person operating a boat while under the influence of any intoxicants, if the amount of alcohol in the person’s blood at the time alleged is less than 0.08 percent by weight of alcohol and shown by chemical analysis of the person’s breath or blood, it is in…
If a person refuses or fails to physically submit to chemical tests of the breath or urine as required by ORS 830.505, evidence of the person’s refusal or failure to physically submit is admissible in any criminal or civil action or proceeding arising out of acts alleged to have been committed while the person was operating a boat while under the influence o…
Nothing in ORS 830.505 is intended to preclude the administration of chemical tests described in this section. A peace officer may obtain a chemical test of the blood to determine the amount of alcohol in any person’s blood or a test of the person’s blood or a test of the person’s blood or urine, or both, to determine the presence of cannabis, psilocybin, an…
In addition to chemical tests of the breath, blood or urine administered under ORS 830.505 and 830.520, upon the request of a peace officer, a person shall be permitted upon request, at the person’s own expense, reasonable opportunity to have any licensed physician, licensed professional nurse or qualified technician, chemist or other qualified person of the…
A chemical analysis is valid under ORS 830.505, 830.520 or 830.525 if: It is an analysis of a person’s blood for alcohol content and is performed in: A laboratory certified or accredited under 42 C.F.R. part 493 and approved for toxicology testing; A laboratory certified under ORS 438.040 and approved for toxicology testing; or A forensic laboratory esta…
This section establishes the requirements for information about rights and consequences for purposes of ORS 830.505. The following apply to the information about rights and consequences: The information about rights and consequences shall be substantially in the form prepared by the State Marine Board. The board may establish any form it determines appropri…
Any person who operates a boat on any waters of this state shall be deemed to have given consent to submit to field sobriety tests upon the request of a peace officer for the purpose of determining if the person is under the influence of intoxicants if the peace officer reasonably suspects that the person has committed the offense of operating a boat while u…
In addition to any other penalty, the State Marine Board shall suspend a person’s boating safety education card issued under ORS 830.086 for three years from the date of conviction if the record of conviction under ORS 830.325 shows that the person willfully refused the request of a peace officer to physically submit to chemical testing of the breath or urin…
As used in this section: “Aquatic invasive species” means any aquatic life or marine life determined by the State Fish and Wildlife Commission by rule to be invasive or any aquatic noxious weed determined by the State Department of Agriculture to be invasive. “Launch” means any act that places a boat into a waterway for recreational boating, for flushing o…
A person may not operate a sailboat that is at least 12 feet in length or a motorboat on the waters of this state without first obtaining an aquatic invasive species prevention permit from the State Marine Board under ORS 830.570.
The State Marine Board shall issue an aquatic invasive species prevention permit to, or renew the permit of, a person who pays the fee for the permit described in ORS 830.575. The board may appoint agents to issue aquatic invasive species prevention permits. Agents shall issue permits in accordance with procedures prescribed by the board by rule and shall …
Notwithstanding ORS 830.790 (3), the annual fee for issuance and renewal of an aquatic invasive species prevention permit for a sailboat that is at least 12 feet in length and not registered in Oregon or a motorboat that is not registered in Oregon is $30. All fees collected under this section shall be deposited into the Aquatic Invasive Species Prevention …
The State Marine Board shall adopt rules for the implementation and administration of ORS 830.565 to 830.575, including but not limited to the exemption of certain boats from the requirements of ORS 830.565 and the method for displaying an aquatic invasive species prevention permit.
The Aquatic Invasive Species Prevention Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Aquatic Invasive Species Prevention Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Marine Board. The fund consists of: Moneys deposited into the fund under …
As used in ORS 830.589, 830.590, 830.591, 830.594, 830.998 and 830.999: “Aquatic invasive species” means any aquatic species of wildlife or any freshwater or marine invertebrate the State Fish and Wildlife Commission identifies as a prohibited species by rule, or any aquatic noxious weeds as specified by the State Department of Agriculture by rule. “Recrea…
The State Department of Fish and Wildlife, the State Marine Board or the State Department of Agriculture may require a person transporting a recreational or commercial watercraft to stop at a check station to inspect the watercraft for the presence of aquatic invasive species. The purpose of the administrative search authorized under this section is to preve…
As used in this section: “Local government” and “local service district” have the meanings given those terms in ORS 174.116. “Tribal government” means a federally recognized sovereign tribal government whose borders lie within this state. The State Department of Fish and Wildlife, the State Marine Board or the State Department of Agriculture may enter int…
When a peace officer stops a person transporting a recreational or commercial watercraft for failing to stop at an aquatic invasive species check station as required under ORS 830.589 or 830.590, the peace officer may request that the person immediately drive to the nearest aquatic invasive species check station and have the watercraft inspected and, if need…
The State Department of Fish and Wildlife, after consultation with the State Marine Board, the State Department of Agriculture and the Department of State Police, shall report biennially to the Legislative Assembly on efforts to prevent aquatic invasive species from entering this state and may include in the report suggested legislation necessary to more eff…
The provisions of ORS 830.172, 830.200, 830.210 to 830.240, 830.245, 830.250, 830.260, 830.270, 830.375, 830.410, 830.415, 830.420, 830.425, 830.430 to 830.465, 830.700 to 830.870 and 830.880 to 830.895 do not apply to seaplanes as defined in ORS 835.200.
The State Marine Board and the Oregon Department of Aviation shall cooperate to publish and distribute information concerning laws, rules and regulations that govern seaplane safety and operations in Oregon. As used in this section, “seaplane” has the meaning given that term in ORS 835.200. WATERWAY ACCESS
The Waterway Access Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Waterway Access Fund shall be credited to the fund. Moneys in the fund are continuously appropriated to the State Marine Board to carry out the provisions of ORS 830.615 to 830.630. The fund consists of: Moneys deposited into t…
As used in this section, “public body” has the meaning given that term in ORS 174.109. The State Marine Board may award grants under this section to public bodies, federally recognized Indian tribes in Oregon and federal agencies for the purposes of assisting with: The purchase of real property, leases or easements in order to provide access to public wate…
As used in this section: “Nonprofit organization” means an organization described in section 501(c)(3) or (4) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code. “Public body” has the meaning given that term in ORS 174.109. The State Marine Board may award, from moneys in the Waterway Access Fund …
Except as provided in subsections (3) and (4) of this section, a person 14 years of age or older shall carry a waterway access permit while operating a nonmotorized boat or a sailboat that is less than 12 feet in length, in the manner provided by the State Marine Board by rule. The person shall present proof of a permit upon request by a peace officer. A wa…
Notwithstanding ORS 830.790 (3), fees for issuance of a waterway access permit are as follows: $6 for a one-week permit. $20 for an annual permit. $35 for a biennial permit. The annual fee for an operator of a boat livery that offers nonmotorized boats at least 10 feet in length or sailboats at least 10 feet but less than 12 feet in length is: $100 for …
The State Marine Board shall issue a waterway access permit to a person who pays the fee for the permit described in ORS 830.627. The board may appoint agents to issue waterway access permits. Agents shall issue waterway access permits in accordance with procedures prescribed by the board by rule and shall charge and collect the waterway access permit fees…
There is created within the State Marine Board a towed watersports program. The program shall: Provide towed watersports safety education; Issue and renew towed watersports endorsements; Issue and renew towed watersports motorboat certificates in the form of decals; Develop and promote towed watersports safety promotions, best practices and public educa…
A person may obtain a towed watersports endorsement if: The person is a resident of this state and the person holds a boating safety education card issued under ORS 830.086; or The person is not a resident of this state and the person holds a current out-of-state boating certificate; The person passes the towed watersports endorsement examination, or the …
The State Marine Board, by rule, shall establish and collect issuance and renewal fees for towed watersports endorsements. The amount of the fees may not exceed the amount to register a motorboat that is 20 feet in length. The fees collected shall be used: To cover the costs of administering and implementing the towed watersports program; and To assist w…
As used in this section: “Newberg Pool Congested Zone” means the portion of the Willamette River beginning at Willamette Falls, river mile 26.6, and ending at the mouth of the Yamhill River, river mile 55. “Towed watersports” has the meaning given that term by the State Marine Board by rule, but does not include wake surfing. “Wake surfing” means the acti…
As used in this section, “Newberg Pool Congested Zone” means the portion of the Willamette River beginning at Willamette Falls, river mile 26.6 and ending at the mouth of the Yamhill River, river mile 55. Subject to subsection (3) of this section, the court shall, in addition to the penalties imposed under ORS 830.990 for the offenses listed in subsection (…
Upon conviction for an offense listed in ORS 830.652, a court shall issue a notice of suspension to the State Marine Board. After receiving the notice of suspension, the board shall suspend for a period of one year from the date of conviction the person’s: Towed watersports endorsement; and Towed watersports motorboat certificate. Note: See note under 83…
As used in ORS 830.060 to 830.140, 830.700 to 830.715, 830.725, 830.730, 830.770, 830.780, 830.785, 830.795 to 830.820 and 830.830 to 830.870, unless the context requires otherwise: “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 water, bo…
This section and ORS 830.710, 830.770, 830.780, 830.785, 830.795 to 830.805 and 830.830 to 830.870 do not apply to: A boat which has a valid marine document issued by the United States Coast Guard or any federal agency which succeeds to the duty of issuing marine documents. Foreign boats operated only temporarily in the waters of this state. A boat owned …
Within 30 days after the transfer of all or any part of the interest of the owner in a boat, boathouse or floating home, or the abandonment or destruction of a boat, boathouse or floating home, for which a valid identifying number has been awarded by this state, the owner shall notify the State Marine Board of the transfer of interest, destruction or abandon…
The State Marine Board shall keep a current record of outstanding certificates of title, certificates of number and registration and recorded numbers, which shall be a public record open to inspection by the public during reasonable office hours. However, the board may charge a reasonable fee for furnishing information concerning a boat, boathouse or floatin…
An owner who scraps, dismantles or destroys a boat, boathouse or floating home and a person who purchases a boat, boathouse or floating home as scrap or to be dismantled or destroyed shall immediately cause the certificate of title to be mailed or delivered to the State Marine Board for cancellation. Upon the destruction of the certificate of title record o…
The State Marine Board may publish and distribute to the sheriff, county assessor and county clerk of each county, the U. S. Coast Guard, Department of State Police and other interested agencies current lists of the names and addresses of boat, boathouse or floating home owners to whom valid, effective identifying numbers have been issued. The lists, if publ…
No person shall give any false statement or information or assist another to give any false statement or information in any application, notice, statement or report to a peace officer or the State Marine Board. (Titles; Security Interest)
Except as provided in subsection (2) of this section, the exclusive means of perfecting a security interest in a boat, boathouse or floating home covered by a certificate of title is by application for and notation of the security interest on the certificate of title in accordance with the provisions of ORS 830.720, 830.740 to 830.755, 830.785, 830.810, 830.…
In the event of the creation of a security interest in a boat, boathouse or floating home for which a certificate of title has been issued, the owner shall sign in an application space provided on the back and deliver the certificate of title to the person in whom the security interest was created, who shall, within 10 days thereof, present the certificate t…
If an owner transfers interest in a boat, boathouse or floating home for which an Oregon certificate of title has been issued, other than by the creation of a security interest as provided by ORS 830.745, the owner shall, with the signed consent of the security interest holder shown on the face of the certificate of title, indorse on the back of the certific…
In the event of the transfer by operation of law of the interest of an owner or security interest holder in a boat, boathouse or floating home for which an Oregon certificate of title has been issued, the certificate of title, if available, shall be signed upon the reverse side by the executor, administrator, receiver, trustee, sheriff or other representativ…
A person may not operate a boat on the waters of this state, and an owner of a boat may not knowingly allow another person to operate the owner’s boat on the waters of this state, unless: The owner of the boat holds a valid, effective certificate of number issued in the owner’s name as owner: By this state, as provided in ORS 830.060 to 830.140 and 830.700…
Notwithstanding the provisions of ORS 830.705, 830.710, 830.770, 830.780 to 830.805 and 830.830 to 830.870, no person shall operate a boat which is not used for commercial purposes and has a valid marine document issued by the United States Coast Guard or any federal agency which succeeds to the duty of issuing marine documents unless: The owner holds a cer…
No person shall operate a boat on the waters of this state unless: There is painted on or attached to each side of the forward half of the boat a valid, effective identifying number awarded to the boat: By this state; By an agency of the federal government; or Subject to the provisions of ORS 830.805, by another state that awards identifying numbers unde…
Subject to the provisions of ORS 830.830, the owner of a boat which is operated principally on the waters of this state shall apply to the State Marine Board for an identifying number. The application shall include the true name of the owner, the residence or business address of the owner, a description of the boat and any other information required by the b…
The biennial fee for the original or renewal certificate of number or registration is: $8 plus $5.95 per foot, or portion thereof, for all sailboats 12 feet in length or more and for all motorboats. $6, for boats that are assessed by the Department of Revenue under ORS 308.505 to 308.674. $6, for amphibious vehicles that are licensed by the Department of …
Subject to the provisions of ORS 830.800, if the application is in order, the State Marine Board shall issue to the owner a certificate of number which shall state the identifying number awarded to the boat, the name and address of the owner, the description of the boat, the issue date and the expiration date of the certificate of number. The certificate of …
A certificate of number expires on December 31 of the year indicated on the certificate. The State Marine Board may require the surrender of the expired certificate of number before issuing a new certificate of number. The identifying number awarded to a boat by the board shall remain the same. An application for renewal of a certificate of number shall b…
The owner of any boat covered by a number in full force and effect which has been issued to it pursuant to the then operative federal law or a federally approved numbering system of another state, shall make application within 10 days after the 60-day reciprocity period provided in ORS 830.705 (1)(f). Such application shall be in a manner pursuant to the pro…
Except as otherwise provided in this subsection, a person may not operate a boat for which an identifying number is required under ORS 830.705, 830.710, 830.770, 830.780 to 830.805 and 830.830 to 830.870, unless the owner has secured from the State Marine Board a certificate of title for the boat. This subsection does not apply to operation of: Amphibious v…
The State Marine Board may refuse to issue a certificate of title or a certificate of number or registration if the board determines at any time that an applicant for the certificate has: Given a false statement or false information in applying for the certificate; Otherwise failed to comply with the applicable provisions under ORS 830.060 to 830.140 and 8…
The State Marine Board may issue a duplicate certificate of number or registration, or title, or a duplicate set of validation stickers upon application by the person entitled to hold a certificate or to be in possession of the validation stickers if the board is satisfied that the original certificate or validation stickers have been lost, destroyed or muti…
No person shall operate a boat on the waters of this state or be in possession of a boat for which the State Marine Board has issued a certificate of boat title unless such boat has a hull identification number that complies with the requirements of this section. Hull identification numbers must be carved, burned, stamped, embossed, clearly imprinted or othe…
A dealer or boat manufacturer: May apply to the State Marine Board for one or more identifying numbers issued under this section. Shall display an identifying number issued under this section on a boat while operating or using the boat for a purpose related to the testing, buying, selling or exchanging of the boat. The application for a number under this …
A person may not use a floating home or boathouse on the waters of this state unless there is affixed to the floating home or boathouse in plain sight an identifying plate with a unique number awarded to the floating home or boathouse by this state. A person may not use a floating home or boathouse for which an identifying plate is required unless the owner…
The owner of a floating home or boathouse that is used principally on the waters of this state shall apply to the State Marine Board for an identifying plate. The application shall include the true name of the owner, the residence or business address of the owner, a description of the floating home or boathouse, the location of the floating home or boathouse…
A certificate of title for a floating home or boathouse is valid and effective only as long as ownership and location remain the same. The State Marine Board shall require the surrender of the certificate of title before issuing a new certificate of title unless the floating home was abandoned by a tenant under ORS chapter 90. The identifying plate issued …
In accordance with ORS chapter 183, the State Marine Board shall adopt rules necessary to carry out the provisions of ORS 830.850 to 830.860.
Upon receipt of proof satisfactory to the State Marine Board from the holder of a certificate of title issued pursuant to ORS 830.850 to 830.860 that the certificate of title has been lost, mutilated, destroyed or stolen, the board shall issue to the holder a duplicate certificate of title for a fee of $50. DISPOSITION OF BOATS AND EQUIPMENT FROM WHICH IDEN…
As used in ORS 830.880 to 830.895: “Component” means any severable portion of a boat that possesses or did possess an identification number. “Identification number” means a distinguishing number assigned to a boat or component by the manufacturer, the State Marine Board or a police agency.
When a peace officer discovers a boat or component from which a number awarded by the State Marine Board or the manufacturer’s hull identification number assigned to the boat or the component identification number has been removed, defaced, covered, altered or destroyed, the peace officer may seize and hold it for identification and disposal as provided in O…
When the property seized under ORS 830.880 is not listed as stolen by the National Crime Information Center and the hull identification number is established the property shall be returned to the person from whom it was seized if: The person can establish that the person is the owner of the property; or The person executes a good and valid surety bond in a…
If the hull or component identification number of property seized pursuant to ORS 830.880 is not established or if the property is reported as stolen by the National Crime Information Center the police agency having custody of the property shall, after making reasonable efforts to ascertain the names and addresses of the owner and all persons of record havin…
A police agency having custody of a boat or component for which an identification number is not established or a person to whom a boat or component has been returned pursuant to ORS 830.885 shall apply to the State Marine Board for an identification number. Except as provided in subsection (1) of this section the board shall not assign an identification num…
ABANDONED AND DERELICT VESSELS
As used in ORS 830.908 to 830.948: “Abandoned vessel” means a vessel that is on public or private land, the waters of this state or any other water without authorization. “Authorized agency” means a law enforcement agency, a federal agency, the State Marine Board or any other public body, as defined in ORS 174.109. “Business day” means any day other than …
If an authorized agency has probable cause to believe a vessel is an abandoned vessel or a derelict vessel, the enforcement agency may take any of the following actions: Initiate seizure of the vessel. Secure the vessel in such a manner as to prevent harm to life or damage to property or to prevent the vessel from becoming a hazard to navigation. Take act…
At least 10 business days before seizing an abandoned vessel or a derelict vessel an authorized agency shall provide notice by: Attaching a notice to the vessel; and If the vessel has or had a certificate under ORS 830.770 or 830.775 and the identifying numbers on the boat are clearly visible and legible as required under ORS 830.780, serve notice by first…
An authorized agency may immediately remove and dispose of marine debris without notice.
At any time before the date specified in the notice given pursuant to ORS 830.918, any owner may reclaim the vessel or personal property left inside the vessel by: Paying all costs incurred by the authorized agency in salvaging, towing and storing the vessel and the personal property left inside the vessel; and Establishing to the satisfaction of the autho…
If an owner of a vessel requests a hearing as provided in ORS 830.918, the authorized agency may not seize the vessel until after the hearing. If an owner of a vessel requests a hearing as provided in ORS 830.918, the authorized agency shall set a time for the hearing that is no more than 10 business days after the authorized agency receives the request. Th…
Except as otherwise provided in ORS 830.908 to 830.948: The owner of an abandoned vessel or a derelict vessel is liable to an authorized agency for all costs arising out of salvage, towing, storage and disposal of a vessel seized under ORS 830.908 to 830.948; and If an authorized agency has probable cause to believe that a person other than the owner cause…
An authorized agency may enter into a contract with any person to carry out the provisions of ORS 830.908 to 830.948 on behalf of the authorized agency.
A person commits the offense of abandoning a vessel if the person leaves a vessel without authorization on public or private land, the waters of this state, or any other water. A person commits the offense of failure to remove an abandoned vessel if the person is the owner of an abandoned vessel and, after notice is given under ORS 830.918, the person fails…
The Salvaged Vessel Subaccount is established within the Boating Safety, Law Enforcement and Facility Account created under ORS 830.140. The subaccount shall consist of moneys deposited into the subaccount by the State Marine Board from fees collected pursuant to ORS 830.790 and 830.850. The moneys in the subaccount are continuously appropriated to the board…
As used in ORS 830.955: “Encapsulated” means a protective covering or physical barrier between the polystyrene device and the water. “Submersible polystyrene device” means any molded or expanded type of polystyrene foam used for flotation.
No person shall install a submersible polystyrene device on a dock, buoy or float unless the device is encapsulated by a protective covering or is designed to prevent the polystyrene from disintegrating into the waters of this state. A person may repair and maintain a dock or float existing on September 29, 1991, with an expanded submersible polystyrene dev…
Violation of ORS 830.302 by a person operating a motorboat or violation of ORS 830.565 by a person operating a sailboat that is at least 12 feet in length or a motorboat is a Class D violation. Notwithstanding ORS 153.019, the presumptive fine for a violation of ORS 830.302 or 830.565 by a person operating a motorboat is $50. A person who violates ORS 830.0…
Any person who knowingly buys, receives, disposes of, sells, offers for sale or possesses any boat or component from which the hull identification number assigned to the boat or component identification number has been removed, defaced, covered, altered or destroyed for the purpose of concealing or misrepresenting the identity of the boat or component commit…
In addition to any other penalty imposed by law, if a person is convicted of a violation of ORS 166.155 or 166.165 committed while the person was on the waters of this state or on publicly owned land used for outdoor recreation, the State Marine Board: Shall suspend the person’s boating safety education card issued under ORS 830.086 for a period of at least…
When a person is convicted of a violation of any provision of ORS 830.315 or 830.325, the court shall comply with the following in addition to any other penalty imposed upon the person under ORS 830.990: Order the person not to operate a boat for a period of one year; Order the person to complete a boating safety course conducted in a classroom and approve…
Violation of ORS 830.435 or 830.460 or a rule adopted pursuant to ORS 830.450 is a Class A misdemeanor. Violation of ORS 830.440 is a Class B misdemeanor.
A person who is transporting a recreational or commercial watercraft and fails to stop and submit to an inspection or complete the ordered decontamination at an aquatic invasive species check station operated by the State Department of Fish and Wildlife, the State Marine Board or the State Department of Agriculture or a tribal government, local government or…
A person is subject to a civil penalty in an amount to be determined by the State Fish and Wildlife Director of not more than $6,250 if the person knowingly transports aquatic invasive species on or in a recreational or commercial watercraft. A second or subsequent violation of this subsection within a five-year period shall result in a civil penalty in an a…