Ocean Charter Vessels

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_200/oar_250/250_015.html
Published: 2015

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

 

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OREGON STATE MARINE BOARD

 

DIVISION 15
OCEAN CHARTER VESSELS

250-015-0001
Definitions
As used in this Division:
(1) “Approved”
means those items accepted and formally approved for use by the U.S. Coast Guard.
(2) “Inland Charter
Boat” means a vessel used in the business of carrying passengers for hire
for angling, sightseeing or other recreational purposes solely on state waters.
(3) “Open Boat(s)”
means motorboats with engine and fuel tank compartments and other spaces so constructed
as to be open to the atmosphere thereby preventing entrapment of flammable gases.
(4) “Passenger Vessel”
has the meaning prescribed in Title 46.70.10-1 of the Code of Federal Regulations
(CFR), effective January 1, 2014.
(5) “Small Passenger
Vessel” has the meaning prescribed in Title 46.170.055(y) of the Code of Federal
Regulations (CFR), effective January 1, 2014.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430
- 830.460
Hist.: MB 6-1989, f. 12-20-89,
cert. ef. 1-1-90; OSMB 4-2008(Temp), f. & cert. ef. 5-7-08 thru 10-31-08; Administrative
correction 11-18-08; OSMB 5-2014, f. & cert. ef. 1-15-14
250-015-0002
Applicability
(1) This division is applicable to all
charter boats, carrying passengers for hire, on waters of this state.
(2) The rules in this Division
are in addition to and not in lieu of any other applicable federal laws or regulations.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430
- 830.460
Hist.: MB 6-1989, f. 12-20-89,
cert. ef. 1-1-90; OSMB 5-2014, f. & cert. ef. 1-15-14
250-015-0005
License Application and Fees
(1) An owner shall make application
to the Board by completing and signing the Charter Boat License application as provided
by the Board.
(2) The applicant must certify
in the space provided that the boat complies with the equipment requirements established
by the Board.
(3) The completed application
must be accompanied by copies of:
(a) The current U.S. Coast
Guard “Certificate of Inspection” (if an inspected boat); or
(b) Documents prescribed
in OAR 250-015-0035.
(4) The charter boat operator
must be in possession of a valid USCG Operators License appropriate for the area
of operation.
(5) Upon approval of the
application a charter boat license, decal and validation sticker shall be provided
to the applicant:
(a) The Oregon charter boat
license issued shall identify the applicant, the boat, whether or not the boat operates
within 20 or less miles from shore, the license expiration and such other items
as deemed appropriate by the Board. It shall be carried on board and made available
upon demand of a peace officer;
(b) The charter boat decals
shall be of such size and color as designated by the Board and shall be displayed
in any visually unobstructed location on the boat’s port and starboard cabin
sides or windows, or in the case of an open boat, at or near the operator's position,
port and starboard, in as highly visible a location as possible. The validation
sticker shall be affixed to this decal in the space provided.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430
- 830.460
Hist.: MB 6-1989, f. 12-20-89,
cert. ef. 1-1-90; OSMB 5-2014, f. & cert. ef. 1-15-14
250-015-0006
Reciprocity Provisions for Charter
Boats on the Columbia River
(1) The purpose of this rule is to implement
reciprocity between Oregon and Washington regarding the licensing of charter boats
on the Columbia River downstream of the bridge at Longview, Washington. 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 when carrying passengers
for hire for angling, sightseeing or other recreational purposes on licensed charter
boats.
(2) The reciprocity provisions
of this rule and the reciprocity provisions adopted by 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 charter boat is licensed.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 704.025
& 830.435
Hist.: OSMB 3-2007, f. &
cert. ef. 3-21-07; OSMB 5-2014, f. & cert. ef. 1-15-14
250-015-0008
License Transfer, Cancellation or
Suspension
(1) When a licensed charter boat is
sold or otherwise transferred to new ownership the former owner(s) must notify the
Board within 15 days of such ownership change by completing the license transfer
portion of the charter boat license and submitting it to the Board with the application.
(2) The license transfer
portion shall contain such information as is needed to determine whether the valid
charter boat license:
(a) Is transferred to the
new owner upon sale or transfer of the boat;
(b) Remained with the former
owner and will be assigned to a replacement boat; and
(c) The identifying number
of such replacement boat.
(3) It shall be the responsibility
of the former owner to remove or have removed the assigned charter boat license
decals and validation stickers when the license is not transferred with the boat.
(4) Upon determination of
the license disposition a new or replacement license will be issued to the appropriate
licensee.
(5) A charter boat license
may be suspended when a licensee fails to maintain, in full force and effect, the
required liability insurance.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430
- 830.460
Hist.: MB 6-1989, f. 12-20-89,
cert. ef. 1-1-90; OSMB 5-2014, f. & cert. ef. 1-15-14
250-015-0010
Equipment Requirements
(1) The following Titles and Parts of
the Code of Federal Regulations (CFR), that are in effect on January 1, 2014, are
by this reference hereby adopted and made part of this rule Title 46 CFR Parts 15.401;
Title 46 CFR Parts 25.25-1, 25.25 -5, 25.30-10(d), 25.30-20(a), 25.35-1 & 25.40;
Title 46 CFR Part 26.20-1Title 46 CFR Part 130.330; Title 46 CFR Part 160.054-4;
Title 46 CFR Parts 180.15, 180.64 & 180.70; Title 46 CFR Parts 182.520, [182.520(a)
& 180] 182.530; Title 46 CFR Parts 184.300, 184.402, 184.404 & 184.410;
Title 47 CFR Parts 80.905(a)(1) & (2), 80.933(b) & 80.1051.
(2) Specific safety equipment
requirements are dependent upon a vessel's operational distance from shore. All
required equipment shall be in proper working order. The Code of Federal Regulations
is available online.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430
- 830.460
Hist.: MB 6-1989, f. 12-20-89,
cert. ef. 1-1-90; OSMB 3-2005, f. & cert, ef, 1-24-05; OSMB 5-2014, f. &
cert. ef. 1-15-14
250-015-0018
Depth Finder
An installed (not portable), functioning
depth finding unit shall be at or near the vessel’s primary steering station.
The equipment shall provide an adequate range of depth scales allowing the operator
to select scales that provide ample safety warning of abrupt ocean bottom contour
changes.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.450
Hist.: MB 6-1989, f. 12-20-89,
cert. ef. 1-1-90
250-015-0022
Navigation Equipment
Each vessel shall have installed a RADAR
or a GLOBAL POSITIONING SYSTEM (GPS) navigation system. It shall be capable of providing
the operator with rapid, reliable vessel positioning information. Portable or hand-held
GPS is allowable on uninspected vessels less than 26 feet of open construction as
an alternative means of compliance.
Stat. Auth.: ORS 830.110 & 830.175
Stats. Implemented: ORS 830.450
Hist.: MB 6-1989, f. 12-20-89,
cert. ef. 1-1-90; MB 5-1994, f. & cert. ef. 4-28-94; OSMB 5-2014, f. & cert.
ef. 1-15-14
250-015-0026
Light/Smoke Flares
Vessels operating in ocean or coastal
waters and bays/rivers, with an opening to the seas of 2 miles or more, are required
to carry light and or smoke flares as follows:
(1) One electronic distress
light, or 3 approved flares; and
(2) One distress flag or
3 approved flares or 3 approved smoke signals.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430
- 830.460
Hist.: OSMB 3-2005, f. &
cert, ef, 1-24-05; OSMB 5-2014, f. & cert. ef. 1-15-14
250-015-0035
Charter Boats Operating on Sole
State Waters
(1) A Charter boat may not be operated
on sole state waters unless the vessel is:
(a) Licensed by the US Coast
Guard and is operated within the specifications of the vessel’s Certificate
of Inspection; or
(b) Licensed as an Inland
Charter Boat by the Oregon State Marine Board.
(c) Operated by a USCG-licensed
mariner with an Operator’s License appropriate to the type of operation conducted.
(2) An Inland Charter License
will not be issued until the following documents, in addition to the charter boat
application documents, have been provided and approved by the Marine Board:
(a) A Marine Survey conducted
by a person certified by the National Association of Marine Surveyors (NAMS) or
accredited by the Society of Marine Surveyors (SAMS).
(A) The Marine Survey must
be complete as per NAMS or SAMS professional standards.
(B) Marine Survey will be
completed out of water except by special exemption of the Board and must include
a sea trial.
(C) All issues, problems,
concerns or recommendations noted in the Marine Survey must be addressed to the
satisfaction of the Surveyor before the Marine Board can approve the Marine Survey.
(D) Marine Survey report
shall include internal and external pictures of the vessel, its machinery and furnishings.
(b) A stability test and
capacity designation signed by a certified Naval Architect who is a registered professional
engineer, except as provided in paragraphs (2)(b)(A) and (2)(b)(B) of this section.
(A) The stability test may
be dispensed with, or a deadweight survey may be substituted for the stability test,
if the Marine Board has a record of, or is provided with, the approved results of
a stability test of a sister vessel.
(B) The stability test of
a vessel may be dispensed with if the Marine Surveyor determines that an accurate
estimate of the vessel's lightweight characteristics can be made and that locating
the precise position of the vessel's vertical center of gravity is not necessary
to ensure that the vessel has adequate stability in all probable loading conditions.
(3) The Marine Survey for
an Inland Charter License must be successfully completed every three years before
a new charter license will be issued.
(4) A dock-side inspection
will be conducted annually by a Marine Board designated law enforcement officer
to ensure the vessel complies with life jacket, sound-making device, fire extinguisher
and vessel lighting requirements.
(5) Before getting underway
on a voyage or as soon as practicable thereafter, the operator of an Inland Charter
shall ensure that suitable public announcements are made informing all passengers
of the following:
(a) The location of emergency
exits, survival craft embarkation areas, and ring life buoys;
(b) The stowage location(s)
of life jackets;
(c) The proper method of
donning and adjusting life jackets of the type(s) carried on the vessel including
a demonstration of the proper donning of a life jacket;
(d) The location of the instruction
placards for life jackets and other lifesaving devices; and
(e) That all passengers will
be required to don life jackets when possible hazardous conditions exist as directed
by the operator.
Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430
- 830.460
Hist.: OSMB 5-2014, f. &
cert. ef. 1-15-14

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