State Oregon OAR Chapter 21 Oregon State Marine Board PERSONAL WATERCRAFT RULES The Oregon Administrative Rules contain OARs filed through April 14, 2006 OREGON STATE MARINE BOARD DIVISION 21 PERSONAL WATERCRAFT RULES 250-021-0010 Scope The following rules shall govern the operation of personal watercraft operating on the waters of this state. These rules are in addition to all other applicable laws, rules and regulations governing personal watercraft. Stat. Auth.: ORS 830.110, ORS 830.175 & ORS 830.195 Stats. Implemented: ORS 830.110 Hist.: MB 3-1990, f. 5-18-90, cert. ef. 6-1-90 250-021-0020 Definitions "Personal Watercraft" means a motorboat, less than 16 feet, propelled by machinery which: (1) Uses an outboard motor or an inboard motor powering a water jet pump as its primary source of power; (2) Is designed to be operated by a person sitting, standing or kneeling on, rather than in the conventional manner of sitting or standing inside the vessel. Stat. Auth.: ORS 830.110 Stats. Implemented: ORS 830.110 Hist.: MB 3-1990, f. 5-18-90, cert. ef. 6-1-90; MB 8-1997, f. & cert. ef. 10-8-97 250-021-0030 Operating Rules (1) No person shall operate a personal watercraft unless each person operating or riding on such vessel is wearing an inherently buoyant Coast Guard approved Type I, II, or III personal flotation device (PFD) as defined by OAR 250-010-0154. (2) A person operating a personal watercraft equipped by the manufacturer with a lanyard type engine cutoff switch must attach such lanyard to their person, clothing, or personal flotation device. (3) No person shall operate a personal watercraft unless it is effectively muffled in accordance with OAR 250-010-0121. (4) No person shall operate a personal watercraft at any time between sunset and sunrise unless equipped with lights as prescribed in OAR Chapter 250, Division 12. (5) Every personal watercraft shall at all times be operated in a reasonable and prudent manner. Maneuvers which unreasonably or unnecessarily endanger life, limb or property, including but not limited to weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to said vessel or when visibility around said vessel is obstructed, and swerving at the last possible moment to avoid collision shall constitute unsafe or reckless operation of a vessel, as provided in ORS 830.305 or 830.315. (6) The provisions of section (5) of this rule do not apply to a performer engaged in a professional exhibition or a person preparing to participate or participating in an officially sanctioned regatta, race, marine parade, tournament, or exhibition. (7) No person shall operate a personal watercraft in excess of a slow no wake, maximum 5 MPH speed: (a) Within 200 feet of a boat launch ramp, dock, swim float, pier, marina or moorage, floating home or boathouse, or locations where persons are working at water levels on floats, logs or waterway construction; (b) Within 200 feet of a swimmer, surfer, diving flag, bank or wading angler; (c) Within 100 feet of any anchored or non-motorized vessel; (d) Except on safe take-offs and landings, personal watercraft shall not operate in excess of a slow no wake, maximum 5 MPH speed within 200 feet of shoreline on all lakes, bays and reservoirs. A safe take-off or landing will not be considered "safe" unless it can be accomplished without risk to any swimmer or craft within 200 feet from shoreline. (8) No person shall operate a personal watercraft in excess of 10 MPH when approaching within 100' of another motorized or sail vessel underway. (9) No person shall operate a personal watercraft within 200 feet directly behind a water skier being towed. (10) No person shall tow a water skier or any floating device with a personal watercraft unless: (a) Another person on the personal watercraft is continuously observing the person being towed; and (b) The personal watercraft is large enough to carry operator, observer and the person being towed; and (c) The personal watercraft is equipped with a "skier-down" flag to be held aloft when the skier or person being towed is down in the water; and (d) The personal watercraft is being operated between sunrise and sunset. (11) Personal watercraft may be used to tow another vessel when rendering assistance. (12) No person under the age of 16 shall operate a personal watercraft on the waters of this state, unless accompanied by a person 18 years of age or over on board. (13) No person who owns a personal watercraft or who has charge over or control of a personal watercraft shall authorize or knowingly permit that personal watercraft to be operated by a person under 16 years of age, unless accompanied by a person 18 years of age or over. (14) No person shall rent a personal watercraft to a person under the age of 18. (15) No person shall chase, harass, molest, worry or disturb any wildlife with a personal watercraft except while engaged in lawfully angling for, hunting or trapping such wildlife (ORS 498.006). Stat. Auth.: ORS 830.110, ORS 830.175, ORS 830.195 & ORS 830.250 Stats. Implemented: ORS 830.110 Hist.: MB 3-1990, f. 5-18-90, cert. ef. 6-1-90; MB 9-1990, f. & cert. ef. 11-16-90; MB 6-1994, f. & cert. ef. 4-28-94; MB 8-1996, f. 4-12-96, cert. ef. 7-1-96; MB 9-1997, f. & cert. ef. 10-8-97; OSMB 1-1999, f. & cert. ef. 1-26-99 250-021-0040 Special Local Restrictions -- Applicability The following rules for personal watercraft are in addition to the local operating rules found in OAR Chapter 250, Division 20: (1) No person shall operate a personal watercraft on the following rivers, or sections of rivers, that flow to the Pacific Ocean, with the exception of the Columbia River which is open. This restriction does not apply to reservoir impoundments on these rivers, unless otherwise noted: (a) Chetco, above the head of tide; (b) Rogue, closed between mouth of Snout Creek and the Applegate River. Closed above Gold Rey Dam. All other areas open; (c) Pistol, Sixes, Elk Rivers (use OAR 250-020-0082); (d) Coos, above its confluence with the Millicoma River; (e) Coquille, above the Highway 42S bridge in the City of Coquille; (f) East and West Fork Millicoma (use OAR 250-020-0064); (g) Umpqua, above Scottsburg Park, with exception of impoundments; (h) Siuslaw, above Highway 126 bridge at Mapleton; (i) Alsea, Salmon, Siletz Rivers (use OAR 2500-20-0231); (j) Kilchis, Miami, Wilson, Tillamook, Trask (use OAR 250-020-0308); (k) Nehalem (use OAR 250-020-0300); (l) Necanicum (use OAR 250-020-0043); (m) Yaquina River upstream of the Toledo Airport boat ramp at RM 9.5. (2) No person shall operate a personal watercraft on the Willamette River above the Beltline Road overpass at RM 178. This does not apply to reservoir impoundments. (3) No person shall operate a personal watercraft on the McKenzie River system. This does not apply to reservoir impoundments. (4) No person shall operate a personal watercraft on any tributary stream or river entering the Willamette River. EXCEPTION: Personal watercraft can use the Clackamas River downstream from Clackamette Lake (RM 0.7) to the Willamette. Clackamette Lake is open to personal watercraft. (5) No person shall operate a personal watercraft on the Deschutes River above Heritage Landing boat ramp (RM 0.5). (6) No person shall operate a personal watercraft on the John Day River (Sherman/Gilliam County) above Tumwater Falls (RM 10). (7) No person shall operate a personal watercraft on the Snake River from the Washington border south to Hells Canyon Dam. Oxbow and Brown-lee Reservoirs are open. The Snake River above Brownlee Reservoir is open to personal watercraft. (8) All other rivers of this state are closed to personal watercraft. (9) Lakes and reservoirs are open to personal watercraft subject to local operating rules found in OAR Chapter 250, Division 20. Stat. Auth.: ORS 830.110, ORS 830.175 & ORS 830.195 Stats. Implemented: ORS 830.110, ORS 830.175 & ORS 830.195 Hist.: MB 3-1990, f. 5-18-90, cert. ef. 6-1-90; MB 9-1990, f. & cert. ef. 11-16-90; MB 6-1992, f. & cert. ef. 4-30-92 250-021-0100 Personal Watercraft Livery Operations No person shall rent, lease or charter a personal watercraft unless the following equipment is provided: (1) All of the equipment required by ORS 830.210, 830.410 and 830.420. (2) An inherently buoyant Type I or III personal flotation device (PFD) shall be provided for each person that will ride the personal watercraft to comply with ORS 830.215. The PFD must be worn to meet OAR 250-021-0030(1). A Type I PFD may be substituted for the Type III for rental operations. Fully inflatable PFDs are not acceptable for personal watercraft rentals. (3) A decal explaining safe operation of personal watercraft shall be affixed to every rental personal watercraft and displayed so it is clearly visible to the operator while at the controls. The decal must, at a minimum, contain information regarding proper use of controls, steering, speed and distance rules, rules of the road and required PFD wearing. (4) A written copy of the state personal watercraft rules shall be provided to the renter, and any person who will operate the personal watercraft while rented, leased or chartered. Personal watercraft form PWC-01 shall be reviewed by the livery operator with the rental customer and signed by both parties. Part I of form PWC-01, signed by the livery operator and renter, shall be carried on the personal watercraft as required equipment. Part II of form PWC-01 shall be retained by the livery operator with the record of the rental required by ORS 830.415. [ED. NOTE: The Form(s) referenced in this rule is not printed in the OAR Compilation. Copies are available from the agency.] Stat. Auth.: ORS 830.110, ORS 830.195 & ORS 830.250 Stats. Implemented: ORS 830.110 Hist.: MB 10-1997, f. & cert. ef. 10-8-97; OSMB 13-1998, f. & cert. ef. 7-24-98