Chapter 115 Oregon Laws 2005

AN ACT

HB 2084

Relating to persons regulated by the State Marine Board; creating new provisions; and amending ORS 704.025 and 830.435.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 704.025 is amended to read:

704.025. (1) [The fees required under ORS 704.020 do not apply to outfitters and guides] Notwithstanding ORS 704.020, the State Marine Board may adopt rules that exempt persons who provide outfitting and guiding services on the Columbia River [and who possess a valid license from the State of Washington as required under this section. Reciprocity is provided for outfitting and guiding services on the Columbia River. The right of outfitters and guides to conduct] from the registration and fee requirements in ORS 704.020 if:

(a) The person conducts outfitting and guiding services on the waters of the Columbia River where that river forms the boundary line between the State of Oregon and the State of Washington;

(b) [by the holder of a valid Oregon outfitter and guide registration or] The person possesses a valid Washington [guide] license [in accordance with the outfitting and guiding laws of each respective state is hereby recognized and made lawful.], permit or registration that allows the person to provide outfitting and guiding services;

(c) The board determines that the licensing, permitting or registration requirements of the State of Washington are comparable to those of Oregon; and

(d) The State of Washington provides similar reciprocity for holders of valid Oregon outfitter and guide registrations.

(2) The purpose of subsection (1) of this section is to avoid the conflict, confusion and difficulty of an attempt to find the exact locations of the state boundary in or on the waters of the Columbia River while providing outfitting and guiding services. [Reciprocity under subsection (1) of this section is contingent upon passage of comparable legislation by the legislature of the State of Washington addressing the establishment of minimum guide registration or licensing requirements in the areas of first aid training and liability insurance coverage.]

(3) [The fees required under ORS 704.020 do not apply to outfitters and guides] Notwithstanding ORS 704.020, the board may adopt rules that exempt persons who provide outfitting and guiding services on the Snake River [and who possess a valid license from the State of Idaho as required under this section. Reciprocity is provided for outfitting and guiding services on the Snake River. The right of outfitters and guides to conduct] from the registration and fee requirements in ORS 704.020 if:

(a) The person conducts outfitting and guiding services on the waters of the Snake River where that river forms the boundary line between the State of Oregon and the State of Idaho [by the holder of a valid Oregon outfitter and guide registration or];

(b) The person possesses a valid Idaho [guide] license [in accordance with the outfitting and guiding laws of each respective state is hereby recognized and made lawful.], permit or registration that allows the person to provide outfitting and guiding services;

(c) The board determines that the licensing, permitting or registration requirements of the State of Idaho are comparable to those of Oregon; and

(d) The State of Idaho provides similar reciprocity for holders of valid Oregon outfitter and guide registrations.

(4) The purpose of subsection (3) of this section is to avoid the conflict, confusion and difficulty of an attempt to find the exact locations of the state boundary in or on the waters of the Snake River while providing outfitting and guiding services. [Reciprocity under subsection (3) of this section is contingent upon passage of comparable legislation by the legislature of the State of Idaho addressing the establishment of minimum guide registration or licensing requirements in the areas of first aid training and liability insurance coverage.]

SECTION 2. ORS 830.435 is amended to read:

830.435. (1) Except as otherwise provided in this section, [it is unlawful to] a person may not engage in the business of carrying passengers for hire for angling, sightseeing or other recreational purposes in ocean waters within the jurisdiction of this state without first obtaining an ocean charter vessel license from the State Marine Board.

(2) [A resident of the State of Washington who holds a license issued by that state] The State Marine Board may adopt rules allowing a person who holds a license or registration issued by the State of Washington to engage in the business of carrying passengers for hire for angling, sightseeing or other recreational purposes [may] to conduct those activities [in ocean waters within the jurisdiction of this state north of Cape Falcon without the license required by subsection (1) of this section if the vessel] if:

(a) The person operates a vessel that leaves from and returns to a port in the State of Washington;

(b) The person operates the vessel within the jurisdiction of this state in the Pacific Ocean north of Cape Falcon, or in the Columbia River; and

(c) [. The provisions of this subsection do not become operative until laws, rules or regulations of] The State of Washington [become operative that, in substance or effect, contain] adopts provisions [which make lawful] that allow engaging in the business of carrying passengers for hire for angling, sightseeing or other recreational purposes with a valid Oregon ocean charter vessel license [in the waters of the Pacific Ocean] within the jurisdiction of [the State of Oregon or] the State of Washington [between the Oregon-Washington boundary and] in the Pacific Ocean south of Leadbetter Point, and in the Columbia River. [This subsection remains operative only while such laws, rules or regulations remain operative.]

(3) The license required by subsection (1) of this section is in lieu of registration required by ORS chapter 704 to carry passengers for hire for angling, sightseeing or other recreational purposes in any navigable waters of this state. Payment of the license fee referred to in ORS 830.440 (2)(b) is in lieu of any other fee or tax for the possession, use or operation of the vessel.

SECTION 3. ORS 704.025, as amended by section 1 of this 2005 Act, is amended to read:

704.025. (1) [Notwithstanding ORS 704.020, the State Marine Board may adopt rules that exempt persons] The fees required under ORS 704.020 do not apply to outfitters and guides who provide outfitting and guiding services on the Columbia River [from the registration and fee requirements in ORS 704.020 if:] and who possess a valid license from the State of Washington as required under this section. Reciprocity is provided for outfitting and guiding services on the Columbia River. The right of outfitters and guides to conduct

[(a) The person conducts] outfitting and guiding services on the waters of the Columbia River where that river forms the boundary line between the State of Oregon and the State of Washington[;]

[(b) The person possesses] by the holder of a valid Oregon outfitter and guide registration or a valid Washington guide license[, permit or registration that allows the person to provide outfitting and guiding services;] in accordance with the outfitting and guiding laws of each respective state is hereby recognized and made lawful.

[(c) The board determines that the licensing, permitting or registration requirements of the State of Washington are comparable to those of Oregon; and]

[(d) The State of Washington provides similar reciprocity for holders of valid Oregon outfitter and guide registrations.]

(2) The purpose of subsection (1) of this section is to avoid the conflict, confusion and difficulty of an attempt to find the exact locations of the state boundary in or on the waters of the Columbia River while providing outfitting and guiding services. Reciprocity under subsection (1) of this section is contingent upon passage of comparable legislation by the legislature of the State of Washington addressing the establishment of minimum guide registration or licensing requirements in the areas of first aid training and liability insurance coverage.

(3) [Notwithstanding ORS 704.020, the board may adopt rules that exempt persons] The fees required under ORS 704.020 do not apply to outfitters and guides who provide outfitting and guiding services on the Snake River [from the registration and fee requirements in ORS 704.020 if:] and who possess a valid license from the State of Idaho as required under this section. Reciprocity is provided for outfitting and guiding services on the Snake River. The right of outfitters and guides to conduct

[(a) The person conducts] outfitting and guiding services on the waters of the Snake River where that river forms the boundary line between the State of Oregon and the State of Idaho by the holder of a valid Oregon outfitter and guide registration or[;]

[(b) The person possesses] a valid Idaho guide license[, permit or registration that allows the person to provide outfitting and guiding services;] in accordance with the outfitting and guiding laws of each respective state is hereby recognized and made lawful.

[(c) The board determines that the licensing, permitting or registration requirements of the State of Idaho are comparable to those of Oregon; and]

[(d) The State of Idaho provides similar reciprocity for holders of valid Oregon outfitter and guide registrations.]

(4) The purpose of subsection (3) of this section is to avoid the conflict, confusion and difficulty of an attempt to find the exact locations of the state boundary in or on the waters of the Snake River while providing outfitting and guiding services. Reciprocity under subsection (3) of this section is contingent upon passage of comparable legislation by the legislature of the State of Idaho addressing the establishment of minimum guide registration or licensing requirements in the areas of first aid training and liability insurance coverage.

SECTION 4. ORS 830.435, as amended by section 2 of this 2005 Act, is amended to read:

830.435. (1) Except as otherwise provided in this section, [a person may not] it is unlawful to engage in the business of carrying passengers for hire for angling, sightseeing or other recreational purposes in ocean waters within the jurisdiction of this state without first obtaining an ocean charter vessel license from the State Marine Board.

(2) [The State Marine Board may adopt rules allowing a person who holds a license or registration issued by the State of Washington] A resident of the State of Washington who holds a license issued by that state to engage in the business of carrying passengers for hire for angling, sightseeing or other recreational purposes [to] may conduct those activities in ocean waters within the jurisdiction of this state north of Cape Falcon without the license required by subsection (1) of this section if the vessel[if:]

[(a) The person operates a vessel that] leaves from and returns to a port in the State of Washington[;].

[(b) The person operates the vessel within the jurisdiction of this state in the Pacific Ocean north of Cape Falcon, or in the Columbia River; and]

[(c)] The provisions of this subsection do not become operative until laws, rules or regulations of the State of Washington become operative that, in substance or effect, contain[adopts] provisions [that allow] which make lawful engaging in the business of carrying passengers for hire for angling, sightseeing or other recreational purposes with a valid Oregon ocean charter vessel license in the waters of the Pacific Ocean within the jurisdiction of the State of Oregon or the State of Washington [in the Pacific Ocean south of] between the Oregon-Washington boundary and Leadbetter Point[, and in the Columbia River]. This subsection remains operative only while such laws, rules or regulations remain operative.

SECTION 5. The amendments to ORS 704.025 and 830.435 by sections 3 and 4 of this 2005 Act become operative January 2, 2008.

Approved by the Governor June 6, 2005

Filed in the office of Secretary of State June 7, 2005

Effective date January 1, 2006

__________