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OREGON STATE MARINE BOARD

 

DIVISION 16
OUTFITTER/GUIDE REGISTRATION

250-016-0020
Definitions
(1) “Deposit” is a collection
of fees prior to providing outdoor recreational activities.
(2) “Drop Camp”
is a site whose location is chosen either by the Outfitter and Guide or the client
but where no guided hunt or fishing services are provided to the client.
(3) “Guide Boatsman
Trainee” is an individual who is an Outfitter and Guide or an employee of
an Outfitter and Guide who is receiving experience on whitewater as required in
ORS 704.070.
(4) “Outfitter and
Guide Hunt” is an outdoor recreational activity in which the client is physically
accompanied in the field by the registered Outfitter and Guide or the employee(s)
of the registered Outfitter and Guide during the hunt.
(5) “Owned or Controlled”
land means any lands owned or under a formal leasing giving the individual as a
sole-proprietor, partnership, or other corporation exclusive control of the use
of the lands.
(6) “Packing”
is the act by the registered Outfitter and Guide or the employee(s) of the registered
Outfitter and Guide to lead clients in overland outdoor recreational activities
including but not limited to the transportation of client, equipment and supplies,
harvested game, by machine, boat, animal or guide.
(7) "Person" means an individual,
partnership, corporation or non-profit organization.
(8) “Resident”
is a person who permanently or continuously resides in Oregon.
(9) “Serious”
violation is:
(a) A Felony or Class A,
B or C misdemeanor conviction for a violation of any requirements listed in ORS
704.040(5) or any rules adopted pursuant to those Chapters; or
(b) An action that results
in a fishing or hunting license or permit to be suspended, revoked, canceled or
denied by the courts or by a state or federal agency with appropriate jurisdiction;
or
(c) Any violation of the
requirements in ORS 704.040(5)(b), or any rules adopted pursuant to those Chapters,
while the guide was operating with a conditional registration.
(10) “Repeated”
violation is:
(a) Any combination of three
Class A,B, C or D infractions, or violations of ethical or professional standards
in OAR 250-016-0060, during a five year period; or
(b) Any two felony or Class
A, B or C misdemeanor convictions within a period of ten (10) years.
Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704
& 705
Hist.: OSMB 15-2011, f. &
cert. ef. 11-1-11; OSMB 7-2015, f. 6-26-15, cert. ef. 7-1-15
250-016-0025
Employees, Agents or
Parties in Interest
(1) At the time of application,
the Outfitter and Guide will supply the Marine Board a current record of all employees,
including agents and parties in interest, as outlined in ORS 704.020(1)(c), who
physically provide, or directly assist in physically providing Outfitting and Guiding
services in Oregon.
(2) The Marine Board shall be
notified of all changes to the record before any Outfitting and Guiding services
are provided.
(3) Written change notifications
will be dated, include the Outfitter and Guide's name and address, and indicate
the added or deleted employee’s full name.
(4) The change notification
must be received by the Marine Board by email, facsimile or U.S. mail.
Stat. Auth.: ORS 830.110 &
830.435

Stats. Implemented: ORS 704
& 705

Hist.: OSMB 15-2011, f. &
cert. ef. 11-1-11
250-016-0030
Exclusions
Outfitter and Guide services
do not include:
(1) Services provided by governmental
agencies that conduct outdoor recreational activities.
(2) Services provided by state
or private colleges and universities that teach outdoor recreational activities
as part of their curriculum open only to enrolled students and faculty members.
(3) Services provided by schools
that teach outdoor recreational activities including but not limited to equestrian,
swimming, scuba, sailing, flying, photography or other outdoor activities that accompany
the primary course of instruction or study.
(4) Services provided by non-profit
organizations that meet the criteria in 250-016-0030(2) and 250-016-0030(3).
(5) Services provided by Outfitter
and Guide employees who work as office staff, shuttle staff, warehouse worker, lunch
packer or other capacity not directly involved with leading or assisting clients
in outdoor recreation activities.
Stat. Auth.: ORS 830.110 &
830.435

Stats. Implemented: ORS 704
& 705

Hist.: OSMB 15-2011, f. &
cert. ef. 11-1-11
250-016-0035
Registration Requirement
(1) The completed and signed application,
with all required attachments, original first aid card if applicable, certificate
of insurance, proof of surety bond or letter of credit if applicable, copy of US
Coast Guard Operator's license if applicable and the fee required by ORS 704.020
must be submitted to the Marine Board. The required fee is non-refundable. Where
an application is submitted for a partnership, one partner must sign the application
and provide their proof of first aid. For a corporation or non-profit organization,
the application must be signed by an authorized officer of the corporation or organization.
The authorized officer of the corporation or organization must sign a statement
certifying that all their employees possess in their name a current standard first
aid card or a medical equivalent. The certificate of insurance shall be:
(a) Provided by fax, e-mail
or US Mail to the Marine Board;
(b) Be issued in the applicant's
name;
(c) Reflect all insured business
names;
(d) Reflect the lawfully
required insurance minimum amounts.
(2) Proof of first aid training
and CPR shall consist of one of the following:
(a) The original card or
certificate issued by the American Red Cross showing completion of a standard or
multimedia first aid course or equivalent including CPR (original card will be returned
to the applicant);
(b) Proof of training and
certification as an Emergency Medical Technician I, II, or III (original card will
be returned to applicant), or licensed or registered nurse or medical doctor (copy
of license is acceptable).
(c) Should an Outfitter and
Guide's first aid card, CPR, or the equivalent expire, the Outfitter and Guide is
responsible for submitting the original updated card to the Marine Board. If there
is a lapse of time between expiration and renewal, the Outfitter and Guide's registration
is automatically suspended during that period of time.
(3) An incomplete application
will not be processed. An incomplete application will be deemed inactive following
twelve (12) months from date of receipt and lacking any action on the applicant’s
part to complete.
(4) Applications for non-boating
related outfitter and guide licenses issued between July 1 and December 31 of each
year will expire on June 30 of the following year.
Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704
& 705
Hist.: OSMB 15-2011, f. &
cert. ef. 11-1-11; OSMB 7-2015, f. 6-26-15, cert. ef. 7-1-15
250-016-0040
Proof of Registration
Compliance
(1) Outfitter and Guide certificate
of registration:
(a) Upon meeting the registration
requirements as outlined in ORS 704.020, the Marine Board will issue proof of compliance
in the form of a registration card to the applicant. This card will contain the
applicant's:
(A) Name and address;
(B) Registration number;
(C) Business name (if any)
(D) Expiration date; and
(E) Area of operation as defined
by permits or licenses issued by the federal government, including but not limited
to the US Coast Guard, US Forest Service, Bureau of Land Management or others.
(b) When the registration is
for a corporation or non-profit organization, the provided Outfitter and Guide certificate
of registration shall contain:
(A) Registration number;
(B) Corporation or non-profit
organization name and address;
(C) Expiration date; and
(D) The Statement "Corporation
(or Non-Profit Organization) Identification Only — Not for personal identification."
(E) Area of operation as defined
by permits or licenses issued by the federal government, including but not limited
to the US Coast Guard, US Forest Service, Bureau of Land Management or others.
(c) If the Outfitter and Guide
uses boat(s) in their business, a decal will be issued with the following information:
(A) For motorized boats used
on federally navigable waters, an oval decal shall show the type of US Coast Guard
operator's license the Outfitter and Guide possesses, the area of operation allowed
by the license, and the passenger carrying capacity.
(B) For all non-motorized and
motorized boats where the operator does not have a US Coast Guard license, a square
decal shall show the passenger carrying capacity.
(C) Passenger carrying capacity
information shall not be required on the decal for non-motorized boats.
(D) Boats not under the direct
operation of an Outfitter and Guide or employee of an Outfitter and Guide are exempt
from the decal requirement. Boats operated exclusively by the client of an Outfitter
and Guide are exempt from the decal requirement.
(d) If an Outfitter and Guide
want to participate in Oregon Department of Fish & Wildlife allocation of non-resident
tags for outfitter and guides established under ORS 496.151, the individual must
obtain a hunting certification in addition to Outfitter and Guide registration.
To be certified, an Outfitter and Guide must:
(A)
Certify that they have three (3) years hunting experience working as a registered
Outfitter and Guide in Oregon or another state, or working as an employee of an
Outfitter and Guide registered or licensed in Oregon or another state. If the experience
has been gained working as an employee, the Outfitter and Guide must submit a signed
affidavit outlining the employee's experience. Outfitter and Guides who participated
in the Oregon Department of Fish and Wildlife Outfitter and Guides Hunting Tag Program
in 1998 are exempt from the experience requirement.
(B) Pass a written examination on the Outfitter
and Guide program and Oregon Department of Fish and Wildlife laws and rules. If
the applicant fails the test, they may retake it after a thirty (30) day waiting
period. If the applicant fails it a second time, the hunting certification for that
year will be denied. The passing score is (75) seventy five percent.
(C) Provide, along with their
application, proof that the Outfitter and Guide has the necessary federal government
permits (U.S. Forest Service and/or Bureau of Land Management) or private land leases
or authorizations of not less than 1,280 contiguous acres for the area in which
the Department of Fish and Wildlife hunting tags are to be requested. Proof shall
be a copy of the federal permit, or for Land Owner Preference tags issued for private
land leases, a map of the area and the applicable lease agreement.
(D) Submit a $75.00 certification
fee. The renewal fee is $25.00.
(2) Duplicates:
(a) A duly registered Outfitter
and Guide may apply to the Marine Board for a duplicate proof of compliance card
when an original has been lost, stolen or mutilated;
(b) A duplication fee of $5.00
shall be paid for each replacement requested.
(3) The Outfitter and Guide
identification card issued shall be carried at all times while providing outfitting
or guiding services and shall be presented to any peace officer upon demand.
Stat. Auth.: ORS 830.110 &
830.435

Stats. Implemented: ORS 704
& 705

Hist.: OSMB 15-2011, f. &
cert. ef. 11-1-11
250-016-0045
Registration Requirements
(1) Registration Renewal:
(a) The Marine Board will notify
a registered Outfitter and Guide, in writing, no later than thirty (30) days in
advance of the impending registration expiration.
(b) The notification will include
instructions for registration renewal and identify the required forms.
(2) Registration Cancellation:
(a) An Outfitter and Guide registration
will be cancelled upon notification from an insurance company that such Outfitter
and Guide’s required insurance has been suspended or cancelled.
(b) The Marine Board will give
written notice to such Outfitter and Guide of the effective date of such insurance
suspension or cancellation.
(c) The affected Outfitter and
Guide shall, within ten working days of receipt of such registration suspension
or cancellation notice, return the previously issued Outfitter and Guide identification
card to the Marine Board.
(3) Registration Reinstatement:
(a) A previously cancelled Outfitter
and Guide registration will be reinstated upon receipt of notification (certificate
of insurance) from an insurance company.
(b) The Marine Board will return
the previously surrendered Outfitter and Guide identification card and it will remain
effective for the unexpired duration of its issuance.
Stat. Auth.: ORS 830.110 &
830.435

Stats. Implemented: ORS 704
& 705

Hist.: OSMB 15-2011, f. &
cert. ef. 11-1-11
250-016-0050
Process to Reprimand an Outfitter
and Guide or Suspend, Revoke, or Deny a Registration
(1) The Marine Board, with input from
the Guide Advisory Committee, will monitor application of statute and rule and modify,
as recommended, to encourage high standards of ethical conduct, customer service,
safety and natural resource protection.
(2) The Marine Board Director
will notify the outfitter and guide by registered letter of the agency’s decision
to reprimand, suspend, revoke or deny for a period of up to 24 months the registration
of an outfitter and guide for conduct noted in ORS 704.040(5).
(3) For the purpose of ORS
704.040(5)(a), convictions related to the provisions of services regulated by this
chapter would be criminal offenses under ORS 163, 166, or 475.
(4) For the purpose of ORS
704.040(5)(b)and(5)(c), serious and repeated violation shall be defined by OAR 250-016-0020.
(5) The Marine Board may
issue conditional registrations contingent on the Outfitter and Guide not having
any violations or convictions as defined in this section for a period of twenty-four
(24) months from issue.
(6) The Marine Board may
seek advice from the Guide Advisory Committee prior to taking action under 250-016-0050(2),
and will provide an annually summary report to the Guide Advisory Committee of all
said action.
(7) Any actions taken under
250-016-0050(2) that are not reversed through a contested case hearing shall be
made a part of the public record.
Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704
& 705
Hist.: OSMB 15-2011, f. &
cert. ef. 11-1-11; OSMB 7-2015, f. 6-26-15, cert. ef. 7-1-15
250-016-0055
Contested Case Hearings
The Marine Board will accord
opportunity for a hearing as provided in ORS 183.310 to 183.550. The Marine Board
has adopted the current edition of the Attorney General's Model Rules of Procedure,
as referenced in OAR 250-001-0005.
Stat. Auth.: ORS 830.110 &
830.435

Stats. Implemented: ORS 704
& 705

Hist.: OSMB 15-2011, f. &
cert. ef. 11-1-11
250-016-0060
Outfitter and Guide Ethical
and Professional Standards
(1) All Outfitter and Guides
shall:
(a) Make every effort to operate
with respect for the rights of others, private and public property, and provide
for the health, safety, and well-being of their clients, employees, and the general
public;
(b)
Provide services on public land in a manner such that they do not interfere with
the general public access to public land or waterways or access to wildlife on public
land;
(c) Leave clean camps, striving to maintain
the environment in as good or better condition than before and dispose of all garbage,
debris, and human waste in a proper, approved manner;
(d) Cooperate with Federal,
State, and local fish and wildlife officials; advise clients of all applicable conservation
standards, fish and game laws, license requirements, statutes and regulations and
not condone their violation;
(e) Not use any illegal drug,
or excessively use alcohol, or any other drug or substance, to the extent that the
use impairs the user physically or mentally while engaged by a client;
(f) Not violate any law, rule,
or policy of the Oregon Department of Fish and Wildlife concerning the certification
of residents and nonresidents for procuring hunting and fishing licenses;
(g) Not engage in fraud, deceit,
misrepresentation, or concealment of any material fact in advertising, soliciting,
or providing professional services to members of the public;
(h) Provide any animal used
in the conduct of business with proper food, water, and shelter and not subject
any animal to needless abuse or cruel and inhuman treatment;
(i) Not solicit clients or another
Outfitter and Guide while client is engaging in an outfitting activity;
(j) Promptly refund deposits
paid by participants upon request if such deposits are due to the participant in
accordance with the Outfitter and Guide’s written deposit refund policy;
(k) Not substantially breach
a contract with any person using guiding services of the Outfitter and Guide;
(l) Treat clients, employees,
and the general public in a fair and professional manner.
(2) It is unprofessional and
unethical to have an Outfitter and Guide registration, license, permit or certificate
suspended, revoked, canceled, or denied by another state or by an agency of the
United States.
Stat. Auth.: ORS 830.110 &
830.435

Stats. Implemented: ORS 704
& 705

Hist.: OSMB 15-2011, f. &
cert. ef. 11-1-11
250-016-0065
Surety Bond
(1) Outfitter and Guides who
collect deposits in excess of $100.00 per person for a trip are required to furnish
proof of a $5,000.00 surety bond or a fully-executed Letter of Credit issued by
a financial institution licensed to do business in Oregon in the amount of $5,000.00.
(2) Proof shall consist of a
fully executed Surety Bond or a Letter of Credit.
Stat. Auth.: ORS 830.110 &
830.435

Stats. Implemented: ORS 704
& 705

Hist.: OSMB 15-2011, f. &
cert. ef. 11-1-11
250-016-0070
Requirements of Recreational
Activities
(1) An “Outdoor Recreational
Activity” as defined in ORS 704.010(5)(a) begins at the time the Outfitter
and Guide provides direct service to the client. This time period excludes any preparation
activities by the Outfitter and Guide including transportation of equipment.
(2) The Outfitter and Guide
and client will complete a written and signed contract outlining the packing services
the Outfitter and Guide will provide a client to a drop camp. These services will
include but are not limited to:
(a) Transportation of the client
and equipment to and from the drop camp;
(b) A basic description of the
drop camp, camp amenities and equipment provided;
(c) Pack-out of harvested game
animal and gear;
(d) Maintaining regular communication
with client via cell or satellite telephone or other communication device and be
ready to provide services, as needed;
(e) Other services the Outfitter
and Guide and client agree upon.
(3) The Outfitter and Guide
and client will complete a written and signed contract outlining the packing services
the Outfitter and Guide will provide in an Outfitter and Guide Hunt. These services
will include but are not limited to:
(a) The physical accompaniment
of the client in the field by the registered Outfitter and Guide or the employee(s)
of the registered Outfitter and Guide during the hunt.
(b) Transportation of the client
and equipment to and from the camp site;
(c) A basic description of the
camp site, camp amenities and equipment provided;
(d) Pack-out of harvested game
animal and gear;
(e) Maintaining regular communication
with client via cell or satellite telephone or other communication device and be
ready to provide services, as needed;
(f) Other services the Outfitter
and Guide and client agree upon.
Stat. Auth.: ORS 830.110 &
830.435

Stats. Implemented: ORS 704
& 705

Hist.: OSMB 15-2011, f. &
cert. ef. 11-1-11
250-016-0075
Requirements for Safety
Equipment, Experience and Training
(1) Registered outfitters and
guides who carry passengers for consideration on rivers rated as Class III or higher
on a commonly accepted scale of river difficulty are required to have all employees
and passengers wear a properly secured personal flotation device on those sections
of river that are rated Class III or higher.
(2) The personal flotation devices
used by outfitters and guides must:
(a) Be approved by the U.S.
Coast Guard as a Type I, III, or V personal flotation device that is suitable for
use on whitewater rivers.
(b) Not have a limitation or
restriction on its approval that would prevent its use on whitewater rivers.
(c) Not be an inflatable personal
flotation device, regardless of rating type.
(3) A Guide Boatsman Trainee
may operate a boat to transport equipment and gear, but not passengers for consideration,
on those sections of rivers rated as Class III or higher. The Guide Boatsman must
be either a registered Outfitter and Guide, or a listed employee of a registered
Outfitter and Guide.
Stat. Auth.: ORS 830.110 &
830.435

Stats. Implemented: ORS 704
& 705

Hist.: OSMB 15-2011, f. &
cert. ef. 11-1-11
250-016-0080
Reciprocity Provisions for Outfitters
and Guides on the lower Columbia River downstream of the bridge at Longview —
Rainier
(1) The purpose of this rule is to give
outfitters and guides operating on the lower Columbia River downstream of the Lewis
and Clark Bridge at Longview — Rainier the opportunity to share in the reciprocity
between Oregon and Washington regarding the licensing of charter vessels. Reciprocity
avoids the conflict, confusion and difficulty of attempting to find the exact location
of the state boundary in or on the waters of the Columbia River downstream of the
bridge at Longview — Rainier while operating on the lower Columbia River.
(2) ORS 830.435(2) allows
persons with 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 in Oregon ocean waters north of Cape Falcon or in the Columbia
River as long as the State of Washington maintains provisions that allow vessels
with an Oregon charter guide registration to engage in these activities in Washington
ocean waters south of Leadbetter Point and in the Columbia River.
(3) The Revised Code of Washington
RCW 77.65.010(3) provides authority for reciprocity between Washington charter boat
licenses and equivalent Oregon licenses on the Columbia River, if the director of
the Washington Department of Fish and Wildlife identifies what Oregon licenses are
equivalent to a Washington charter boat license, and if Oregon recognizes as valid
the equivalent Washington license.
(4) ORS 704.025(1) provides
that the State Marine Board may adopt rules that exempt persons possessing a valid
Washington license, permit or registration from the outfitter and guide registration
required under Chapter 704, if the Board determines the license, permit or registration
requirements of Washington are comparable to those of Oregon. Washington has decided
to grant reciprocity to Oregon Ocean Charter boats on the lower Columbia River (WAC
220-20-005).
(5) The Marine Board finds
that a Washington charter license issued under RCW 77.65.150 is comparable to an
Oregon Ocean Charter license and a charter guide registration for the carrying of
passengers for hire for angling purposes on the lower Columbia River downstream
of the Lewis and Clark bridge at Longview-Rainier.
(6) The reciprocity provisions
of this rule, and those of the State of Washington, do not authorize the launching,
pick-up or discharge of passengers for any purpose in a state other than the state
where the outfitter and guide is registered or charter vessel is licensed.
Stat. Auth.: ORS 830.110 & 830.435
Stats. Implemented: ORS 704.025
Hist.: OSMB 15-2011, f. &
cert. ef. 11-1-11; OSMB 4-2014, f. & cert. ef. 1-15-14
250-016-0085
Reciprocity Provisions
for Outfitters and Guides on the Columbia River upstream of the bridge at Longview-Rainier
(1) The purpose of this rule
is to give outfitters and guides operating on the Columbia River upstream of the
Lewis and Clark bridge at Longview-Rainier the opportunity to share in reciprocity
between Oregon and Washington regarding the registration of outfitters and guides.
Reciprocity avoids the conflict, confusion and difficulty of attempting to find
the exact location of the state boundary in or on the waters of the Columbia River
upstream of the bridge at Longview-Rainier while operating on the Columbia River.
(2) ORS 704.025(1) provides
that the State Marine Board may adopt rules that exempt persons possessing a valid
Washington license, permit or registration from the outfitter and guide registration
required under Chapter 704, if the Board determines the license, permit or registration
requirements of Washington are comparable to those of Oregon. Washington has decided
to grant reciprocity to Oregon Outfitters and Guides on the upper Columbia River
(WAC 220-20-005(3)).
(3) The State Marine Board finds
that a Washington Professional Salmon Guide License under RCW 77.65.370 or a Washington
Professional Game Fish License under RCW 77.65.480(3) is comparable to an Oregon
Outfitter and Guide registration for the carrying of passengers for hire for angling
purposes on the Columbia River upstream of the Lewis and Clark bridge at Longview-Rainier.
(4) Oregon grants reciprocity
for Washington fishing guides on the Columbia River upstream of the Lewis and Clark
Bridge at Longview-Rainier, provided the Washington Department of Fish and Wildlife
adopts regulations that provide the same reciprocity for Oregon Outfitters and Guides.
(5) The reciprocity provisions
of this rule and those of the State of Washington do not authorize the launching,
pick-up or discharge of passengers for any purpose in a state other than the state
where the outfitter and guide is registered or licensed.
Stat. Auth.: ORS 830.110 &
830.435

Stats. Implemented: ORS 704
& 705

Hist.: OSMB 15-2011, f. &
cert. ef. 11-1-11
250-016-0090
Guide Advisory Committee; Charter
Representation
(1) The Guide Advisory Committee (GAC)
shall be composed of eight members from seven active organizations that represent
or include licensed outfitters and guides.
(2) Two GAC members shall
be from the organization of outfitters and guides with the most documented members
active at the time of appointment.
(3) An active organization
is one that:
(a) Convened and recorded
at least one meeting of the general membership in the previous 12 month period;
(b) Has a verifiable roster
of members that includes currently registered outfitters and guides; and
(c) Has a charter or bylaws
by which it conducts its regular business.
(4) Members shall represent
outfitters and guides but do not need to be a currently licensed outfitter and guide.
(5) GAC members shall serve
no more than two consecutive four-year terms.
(6) Vacancies shall be filled
through a process described by a GAC charter agreement and will include a process
to limit annual turnover to less than half the GAC.
(7) One of the three public
members selected by the Board for the GAC may represent charter boats as defined
in ORS 830.430.
(8) The GAC will be chaired
by a non-voting employee of the Oregon State Marine Board.
(9) The GAC will have no
fewer than two meetings annually; timing will be determined through GAC charter
agreement.
Stat. Auth.: ORS 830.110, 830.435, 830.430
& 830.440
Stats. Implemented: ORS 704.525
Hist.: OSMB 4-2014, f. &
cert. ef. 1-15-14

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