Scenic Waterways

Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015







As used in OAR 250-030-0020 and 250-030-0030:
(1) "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 the water.
(2) "Carrying Passengers for Hire" means carrying persons by boat for a valuable consideration, whether directly or indirectly given to or received by an owner, charterer, operator, agent, or other persons having an interest in such boat.
(3) "Emergency Circumstances" means a boat equipped with a motor and passing through an area where the use of motors is prohibited may, under emergency circumstances, use said motor. Emergency circumstances are deemed to exist when injury or illness occurs, or when a condition of imminent danger exists.
(4) "Float Boat" means any boat used primarily for drifting with the river current.
(5) "Motorboat" means any boat propelled in whole or in part by machinery, including boats temporarily equipped with detachable motors.
(6) "Operator" means any person who operates or is in charge of the operation of a boat.
(7) "Oregon Scenic Waterway Boat Permit" means a permit issued by the Oregon State Marine Board, or an agent of the Board, in accordance with ORS 830.175. The permit authorizes the holder to operate a boat on a specified river, or section of river, when such river has been designated a Scenic Waterway pursuant to ORS 390.805 to 390.925.
(8) "Party" means one or more persons traveling together.
(9) "Noncommercial Party Leader" means the person organizing a party and applying for a trip permit.
Stat. Auth.: ORS 830

Stats. Implemented: ORS 830.110

Hist.: MB 53, f. 9-26-73, ef. 10-15-73; MB 89, f. 12-27-77, ef. 1-1-78
General Provisions
(1) Types of Propulsion: Motorboats will be propelled by propeller or water jet. Permits will not be issued to hovercraft or airboats.
(2) Types of Construction: All boats will be of sturdy construction and capable of being operated safely in the currents and rapids which are encountered. Permits will not be issued to boats or rafts of haphazard construction.
(3) The Director may issue special exemption permits to allow limited research, commercial or marine event boat operations in areas closed to motorboat use or otherwise regulated by OAR Chapter 250, Division 30. These permits shall not be issued for normal recreational boating activities or for operations that can reasonably be carried out without use of a motorboat or within existing motorized restrictions. The Director may condition the permit to minimize the impacts to the waterway and other users.
Stat. Auth.: ORS 830.110 & ORS 830.175

Stats. Implemented: ORS 830.110

Hist.: MB 53, f. 9-26-73, ef. 10-15-73; MB 6-1993, f. & cert. ef. 8-16-93
The State Marine Board is authorized
to carry out the provisions of the Federal Wild and Scenic Rivers Act (PL 90-542)
and the State Scenic Waterways Act (ORS 390.805 to 390.925) under 830.175 by regulating
boat use through a permit system initiated by the Board. Authority to limit or prohibit
motorboat use is also granted by this statute. The specific regulations which follow
are adopted in accordance with these statutory provisions:
(1) In order to meet the
goals and objectives of management and recreation plans for the subsequently named
rivers, the State Marine Board will regulate commercial and noncommercial boat use,
both for non-powered boats and for motorboats, by means of a permit system. On occasion
the Board may find it necessary to establish interim boat use levels in order to
protect the riverine environment and assure to the users a quality recreation experience.
Such limits may be prescribed in those instances where, in the absence of river
management or recreation plans, it finds it necessary to act to assure compliance
with the objectives of appropriate federal and state laws.
(2) It is the policy of the
State Marine Board to provide for equitable use of certain designated rivers by
commercial and noncommercial boaters. A system of permits for all boaters, whether
they plan to run a river as private individuals or as patrons of a commercial entrepreneur,
may be initiated on controlled rivers when use approaches or exceeds approved levels
or capacity.
(3) No person, other than
a member of the Department of State Police, county sheriff, and governmental agencies
of this state and the federal government having jurisdiction over the following
described waters, shall use a motor for propelling a boat for any purpose on the
following described waters, with the exceptions stated:
(a) Deschutes River:
(A) That portion bordering
the Warm Springs Reservation, no motors year round. (ORS 830.180)
(B) Between the northern
boundary of the Warm Springs Reservation and the mouth of Buckhollow Creek (downstream
from Sherars Falls), no person shall operate a motorboat with the exception of ingress/egress
by landowners under permit issued by the Board.
(C) Between the mouth of
Buckhollow Creek and Macks Canyon Campground, no motors from June 15 to September
30, with the exception of ingress/egress by landowners under permit by the Board.
(D) Between Macks Canyon
Campground and the Heritage Landing boat ramp, motors will be prohibited during
alternating Thursday, Friday, Saturday and Sunday periods commencing with the first
Thursday to Sunday period that falls on or after June 15, continuing until September
30. No daily restrictions on motorized use from October 1 to June 14.
(E) Between Heritage Landing
boat ramp and the confluence with the Columbia River, no prohibitions on motors,
except as stated in OAR 250-030-0041 for a “slow—no wake” speed.
(b) Illinois River —
From Deer Creek downstream to Nancy Creek, which is located in the area immediately
upstream of Oak Flat.
(c) John Day River —
From State Highway 218 bridge at Clarno downstream to Tumwater Falls between May
1 and October 1.
(d) Minam River — From
Minam Lake downstream to the Wallowa River.
(e) Owyhee River System:
(A) West Little Owyhee;
(B) North Fork Owyhee; and
(C) The mainstem Owyhee River
above approximately river mile 70 at Pinnacle Rock, as marked.
(f) Rogue River — from
Grave Creek downstream to the lowermost portion of Blossom Bar Rapids approximately
250 feet upstream of the top of Devil’s Staircase Rapids as marked, between
May 15 and November 15.
(g) Sandy River — From
Dodge Park downstream to Dabney State Park.
Stat. Auth.: ORS 830.110 & 830.175
Stats. Implemented: ORS 830.110
& 830.175
Hist.: MB 53, f. 9-25-73,
ef. 1-1-74; MB 64, f. 2-18-75, ef. 3-11-75; MB 66, ef. 4-22-75(Temp), 5-11-75(Perm);
MB 76, f. & ef. 5-27-76; MB 79, f. 1-20-77, ef. 5-27-77; MB 89, f. 12-27-77,
ef. 1-1-78; MB 12-1984, f. 8-13-84, ef. 8-14-84; MB 12-1985, f. & ef. 7-31-85;
MB 21-1985, f. & ef. 12-4-85; MB 3-1993, f. 2-4-93, cert. ef. 5-15-93; MB 4-1994,
f. & cert. ef. 3-23-94; MB 15-1996, f. & cert. ef. 12-4-96; MB 6-1997, f.
& cert. ef. 5-30-97; OSMB 5-1998, f. & cert. ef. 4-3-98; OSMB 5-2010(Temp),
f. & cert. ef. 1-15-10 thru 6-30-10; OSMB 10-2010, f. & cert. ef. 5-6-10;
OSMB 8-2012, f. 4-24-12, cert. ef. 5-1-12; OSMB 6-2013, f. 10-28-13, cert. ef. 11-1-13;
OSMB 4-2015, f. 4-30-15, cert. ef. 5-15-15
Special Regulation — Manner
of Operation
(1) Deschutes River:
(a) No person shall operate
a motorboat in excess of a "slow-no wake speed from the Columbia River upstream
to a point approximately 1,500 feet (500 yards) as marked;
(b) No person shall operate
more than two round trips from Heritage Landing Boat Ramp or Macks Canyon Boat Ramp
per day, except for emergencies;
(c) No person shall operate
a motorboat with more than seven persons on board, including the operator, with
the exception of one U.S. Coast Guard certified tour boat with a maximum of 16 persons
operating under BLM Special Use Permit between the confluence with the Columbia
River and Sherars Falls. This passenger capacity does not apply to persons operating
while under landowner ingress/egress permit;
(d) A special "pass through"
zone is established from the "slow-no wake" zone below Moody Rapids and the upstream
end of Rattlesnake Rapids, as posted. No person shall stop or anchor any boat for
the purpose of picking up or discharging passengers in this zone, except in an emergency.
(2) Rogue River:
(a) No person shall anchor
a boat, except within ten feet of the shoreline, in the following river segments,
which are designated "anchoring prohibited" zones, during the period August 1 to
September 30:
(A) From a point approximately
100 yards upstream of the confluence with the Applegate River to a point approximately
450 yards downstream of that confluence at River Mile (RM) 94.8 as marked;
(B) From RM 93.5 to 94.5,
as marked.
(C) Highway Hole —
A 200 foot segment located approximately 1/2 mile upstream of Robertson Bridge (RM
86.7), as marked.
(b) No person shall anchor,
stop or otherwise hold their boats position in such a manner as to impede the safe
navigation of any other craft in the following river segments, which are designated
pass through zones, during the period August 1 to September 30;
(c) Brushy Chutes —
From a point approximately 200 feet upstream of the island at RM 88 to a point approximately
750 feet downstream of that island, as marked.
Stat. Auth.: ORS 830.110 & 830.175
Stats. Implemented: ORS 830.110
& 830.175
Hist.: MB 4-1989, f. &
cert. ef. 7-6-89; MB 5-1989, f. & cert. ef. 7-6-89; MB 3-1993, f. 2-4-93, cert.
ef. 5-15-93; MB 4-1994, f. & cert. ef. 3-23-94; OSMB 4-2015, f. 4-30-15, cert.
ef. 5-15-15

The official copy of an Oregon Administrative Rule is
contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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