Chapter 148
AN ACT
HB 2072
Relating to interstate reciprocity for persons regulated by the State
Marine Board; amending ORS 704.025, 830.435 and 830.440; repealing section 5,
chapter 115, Oregon Laws 2005; and declaring an emergency.
Be It Enacted by the People of
the State of
SECTION 1. ORS 704.025, as amended by section 3, chapter
115, Oregon Laws 2005, is amended to read:
704.025. (1) [The fees required under ORS 704.020 do not
apply to outfitters and guides] 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
(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
(b) [by
the holder of a valid
(c) The board determines
that the licensing, permitting or registration requirements of the State of
(d) The State of
(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
(3) [The fees required under ORS 704.020 do not
apply to outfitters and guides] 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
(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
(c) The board determines
that the licensing, permitting or registration requirements of the State of
(d) The State of
(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
SECTION 2. ORS 830.435, as amended by section 4, chapter
115, Oregon Laws 2005, 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 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
(b) The person operates
the vessel within the jurisdiction of this state in the Pacific Ocean north of
(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, or 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 830.440 is amended to read:
830.440. (1) An individual who desires to obtain an ocean charter vessel
license shall make written application therefor to the State Marine Board. The
application shall include such information regarding the vessel and copies of
such documents and licenses regarding operation of the vessel as the board may
require. The application shall be accompanied by proof that the applicant has
protection against liability imposed by law covering occurrences by the
operator of the ocean charter vessel, and the employees of the operator, for
the payment of damages for bodily injuries, including death resulting
therefrom, in the minimum amount of $300,000 per occurrence, at any time while
engaged in carrying passengers for hire. The applicant shall certify that the vessel complies with the equipment requirements
established by the board under ORS 830.450.
(2) The annual fee for
an ocean charter vessel license is:
(a) For vessels owned by
residents of this state if the vessel has license, title and number issued
pursuant to ORS chapter 830, $50.
(b) For vessels owned by
residents of this state if the vessel has a valid marine document issued by an
agency of the federal government, $100.
(c) For vessels owned by
persons who reside in a state that requires Oregon residents to pay a license
fee to operate an ocean charter vessel in the waters of that state, such fee as
is charged Oregon residents to operate an ocean charter vessel in the state
where the nonresident applicant resides.
(d) For all vessels
owned by nonresidents other than those described in paragraph (c) of this
subsection, $100.
(3)(a) A person who
applies for a license to operate an ocean charter vessel and who accepts
deposits from clients in excess of $100 per person or whose agent accepts such
deposits, shall submit a bond or other financial security in the amount of
$5,000 to the board at the time of application. The bond or other financial
security shall be held by the board for the benefit of clients of the licensee
who pay a money deposit to the licensee or the licensee’s agent in anticipation
of services to be received. The bond or other financial security amount shall
be released to such client or clients conditioned upon a failure of the
licensee or the licensee’s agent to return the deposit following cancellation
of services or other failure to provide agreed upon services.
(b) The board shall
release or retain all or any portion of a bond or other financial security as
described in paragraph (a) of this subsection according to the provisions of
ORS chapter 183.
(4) A license issued
pursuant to this section is transferable to a replacement vessel of the license
holder and is transferable to the purchaser of the vessel when the vessel is
sold.
(5) For the purposes
of reciprocity under ORS 704.025 and 830.435, the board may adopt rules to
waive the annual fees required under subsection (2)(a)
and (b) of this section for a person who possesses a current Oregon outfitter
and guide registration under ORS chapter 704 and operates in the waters of the
Columbia River downstream from the Lewis and Clark Bridge. The board may
specify conditions for the waiver of fees under this subsection.
SECTION 4. Section 5, chapter 115,
SECTION 5. This 2007 Act being necessary for the
immediate preservation of the public peace, health and safety, an emergency is
declared to exist, and this 2007 Act takes effect on its passage.
Approved by the Governor May 22, 2007
Filed in the office of Secretary of State May 22, 2007
Effective date May 22, 2007
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