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State
Oregon
OAR Chapter 15 Oregon State Marine Board OCEAN CHARTER VESSELS


The Oregon Administrative Rules contain OARs filed through April 14, 2006

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) "Carrying Passengers for Hire" means the carriage of any person or persons by a vessel for a paid valuable consideration, whether directly or indirectly flowing to the owner, charterer, operator or any other person interested in the vessel.

(3) "Nearest Port" means a straight line measurement between the vessel and either the closest point on the demarcation line of a port entrance or a harbor of refuge.

(4) "Port" means a coastal town or city where ocean charter vessels normally depart from and return to. As used in this Division the term "Nearest Port" shall also include beach sites where passenger carrying dory-styled craft normally depart from and return to.

(5) "Ocean" means those waters of the Pacific Ocean that are west of the demarcation lines described in the applicable sections of Part 80, Title 33 of the Code of Federal Regulations.

(6) "Ocean Charter Vessel" means a vessel used in the business of carrying passengers for hire for angling, sightseeing or other recreational purposes in the ocean.

(7) "Open Boat(s)" means motorboats with engine and fuel tank compartments and/or other spaces so constructed as to be open to the atmosphere thereby preventing entrapment of flammable gases.

(8) "Open to the Atmosphere" means an otherwise enclosed compartment/space containing at least 15 square inches of open area per cubic foot of the net compartment/space volume.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - ORS 830.460
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

250-015-0002

Applicability

(1) This division is applicable to all ocean charter vessels, carrying passengers for hire, on waters of this state.

(2) The specified safety equipments are considered minimum requirements.

(3) The rules herein 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 - ORS 830.460
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

250-015-0005

License Application and Fees

(1) An owner shall make application to the Board by completing and signing the Charter Vessel License application as provided by the Board.

(2) The applicant must certify in the space provided that the vessel complies with the equipment requirements established by the Board.

(3) The completed application must be accompanied by copies of the following required documents:

(a) Last U.S. Coast Guard "Certificate of Inspection" (if an inspected vessel);

(b) Certificate of insurance showing 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 engaging in carrying passengers for hire.

(4) The fees for an ocean charterboat license are:

(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 subsection (c) of this section, $100.

(5) Upon approval of the application an Oregon Ocean Charter Vessel license, decal and validation sticker shall be provided to the applicant:

(a) The Oregon Ocean Charter Vessel license issued shall identify the applicant, the vessel, whether or not the vessel operates within 20 or less miles from port, 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 Oregon Ocean Charter Vessel decal shall be of such size and color as designated by the Board and shall be displayed in any visually unobstructed location on the vessel'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 - ORS 830.460
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

250-015-0008

License Transfer, Cancellation or Suspension

(1) When a licensed charter vessel 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 reverse side of the Ocean Charter Vessel license and returning it to the Board.

(2) The reverse side shall contain such information as is needed to determine whether the valid Ocean Charter Vessel license:

(a) Is transferred to the new owner upon sale or transfer of the vessel;

(b) Remained with the former owner and is/will be assigned to a replacement vessel; and

(c) The identifying number of such replacement vessel.

(3) It shall be the responsibility of the former owner to remove or have removed the assigned Ocean Charter Vessel license decals and validation stickers when the license is not transferred with the vessel.

(4) Upon determination of the license disposition a new or replacement license will be issued the appropriate licensee.

(5) An Oregon Charter Vessel license may be suspended when a licensee fails to maintain, in full force and effect, the required liability protection.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - ORS 830.460
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

250-015-0010

Equipment Requirements

(1) The following Titles and Parts of the Code of Federal Regulations (CFR), are by this reference hereby adopted and made part of this rule for all ocean charter vessels. Title 33 CFR Part 84; Title 46 CFR Parts 15.401, 15.605, 15.905; Title 46 CFR Parts 25.25-1, 25.25 -5, 25.30(b), 25.30-10(d), 25.30-20(a) & (b)(1), 25.35-1 & 25.40; Title 46 CFR Part 26.20-1(a); Title 46 CFR Parts 28.145 & 28.400(b); Title 46 CFR Part 130.330; Title 46 CFR Part 160.054-4(b); Title 46 CFR Parts 180.15, 180.64 & 180.70; Title 46 CFR Parts 182.520, 182.520(a) & 180.530; Title 46 CFR Parts 184.300, 184.402, 184.404 & 184.410; Title 47 CFR Parts 80, 80.901, 80.905(a)(1) & (2), 80.933(b) & 80.1051.

(2) Specific safety equipment requirements are dependent upon a vessel's operational distance from the nearest port. All required equipment shall be in proper working order. The Code of Federal Regulations is available online and in the Library.

[Publications: Publications referenced are available from the agency.]

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

250-015-0011

Exemptions

(1) Open construction, dory-styled craft of less than 23 feet in length, departing from and returning to beach sites shall be exempt from requirement to carry an Anchor, Anchor Chain or Anchor Line as specified in 250-015-0020.

(2) Vessels carrying six or fewer passengers not required by federal law to carry an EPIRB are exempt from the requirement specified in 250-15-0023. The Code of Federal Regulations is available online and in the Library.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460 - Title 33 CFR, Title 46 CFR, Title 47 CFR
Hist.: OSMB 3-2005, f. & cert, ef, 1-24-05

250-015-0015

Safety Equipment Specifications

The adopted Code of Federal Regulations provides technical detail and specifications for safety equipment on certain passenger carrying vessels. Where equipment requirements and/or specifications for certain vessels are less than those required by this rule, are not addressed or are considered inappropriate for a class of vessels the following shall prevail.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.450
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

250-015-0016

First Aid Kit

Each vessel shall carry on board a first aid kit containing at least the items specified in this section.

(1) The first aid kit shall be plainly marked and shall consist of a weatherproof container with individual sealed packages for each type of item.

(2) Contents of such kit shall contain a sufficient quantity of at least the following types of items:

(a) Bandage compress, 4 inch, (1pkg)

(b) Bandage compress, 2 inch, (4 pkgs)

(c) Waterproof adhesive compress, 1 inch, (16 pkgs)

(d) Eye dressing, 1/8th oz. ophthalmic ointment, adhesive strips, cotton pads, (3 pkgs)

(e) Bandage, gauze, compressed, 2 inches x6 yards, (2 pkgs)

(f) Tourniquet (1), forceps (1), scissors (1), safety pins (12)

(g) Wire splint (1 ea)

(h) Ammonia inhalants, (10 ea)

(i) Iodine applicators, (10 ea)

(j) Aspirin, phenacetin & caffeine compound, 6\1/2\ Gr. Tablets, vials of 20, (2 pkgs)

(j) Sterile petrolatum gauze, 3 inches by 18 inches, (4 pkgs)

(3) Contents of the first aid kit shall be checked before each trip and at least weekly to ensure the expended or expired items are replaced. The Code of Federal Regulations is available online and in the Library.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.450
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90; OSMB 4-2001, f. & cert. ef. 3-29-01; OSMB 3-2005, f. & cert, ef, 1-24-05

250-015-0017

Bilge High Water Warning System

(1) An automatically activated bilge high water warning system shall be installed which provides an audible warning signal. A visual warning indicator may also be installed. The warning indicator(s) shall be installed at each steering station. The audible warning may be provided with a disabling switch, provided there is a visual warning indicator which is incapable of deactivation until the high water condition is remedied.

(2) A bilge high water warning system shall not be required on dory style vessels of open construction where the bilge is readily visible to the operator.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.450
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

250-015-0018

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

250-015-0019

Power/Hand Operated Bilge Pump/Bailing Bucket

All vessels must comply with U.S.C.G. requirements as listed:

(1) Vessels less than 7.9 m (26 ft): One portable hand pump.

(2) Vessels 7.9 m (26 ft) up to 19.8 m (65 ft) not carrying more than 49 passengers:

(a) One -- fixed power pump and one -- portable hand pump, or;

(b) One -- fixed hand pump and one -- portable hand pump.

(3) Vessels not more than 19.8 m (65 ft), carrying more than 49 passengers: One -- fixed power pump and one -- portable hand pump.

(4) Vessels more than 19.8 m (65 ft): Two -- fixed power pumps.

(5) Additionally, each must have, One -- five gallon bucket. The Code of Federal Regulations is available online and in the Library.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460, Title 46 CFR
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90; OSMB 3-2005, f. & cert, ef, 1-24-05

250-015-0020

Anchor and Anchor Chain or Line

Each vessel shall carry on board an anchor of such design and construction; and, anchor line or chain of such size and length as to provide emergency anchoring capabilities for the vessel.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.450
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90

250-015-0021

Magnetic Compass

An installed, marine style magnetic compass shall be located at the vessel's primary steering station. Uninspected vessels less than 26 feet of open construction can use a portable or hand-held compass as an alternative means of compliance.

Stat. Auth.: ORS 830.110 & ORS 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

250-015-0022

Loran C or Radar Navigation Equipment

Each vessel shall have installed either a LORAN C, 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 & ORS 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

250-015-0023

Emergency Position Indicating Radio Beacon (EPIRB)

Uninspected vessels not required by federal law to carry an (EPIRB) are exempt from this section. Vessels carrying more than six passengers on voyages that are not international routes must carry a Class "A" EPIRB for service beyond 20 miles from a safe harbor of refuge. A satellite 406 MHz EPIRB is an acceptable alternative means of compliance.

Stat. Auth.: ORS 830.110
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

250-015-0024

Navigational Charts

Each vessel shall carry on board up-to-date National Oceanic and Atmospheric Administration navigation charts, for the area of operation and of appropriate scale to make safe navigation possible. Electronic charts are a suitable substitute. The Code of Federal Regulations is available online and in the Library.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460, Title 46 CFR
Hist.: MB 6-1989, f. 12-20-89, cert. ef. 1-1-90; OSMB 3-2005, f. & cert, ef, 1-24-05

250-015-0025

Life Jackets/Life Ring

Each vessel shall carry (as a minimum) the following:

(1) One U.S.C.G. approved life jacket (readily accessible, type I, II, III or V of suitable size for the intended wearer) for each person on board.

(2) One U.S.C.G. approved life ring, type IV, (immediately available). The Code of Federal Regulations is available online and in the Library.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460, Title 46 CFR
Hist.: OSMB 3-2005, f. & cert, ef, 1-24-05

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) Coastal, less than 3 miles from the coastline:

(a) One electronic distress light, or 3 approved flares; and

(b) One distress flag or 3 approved flares or 3 approved smoke signals.

(2) Ocean, more than 3 miles from the coastline:

(a) 3 parachute flares;

(b) 6 hand flares; and

(c) 3 smoke flares. The Code of Federal Regulations is available online and in the Library.

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460, Title 46 CFR
Hist.: OSMB 3-2005, f. & cert, ef, 1-24-05

250-015-0027

VHF Radio

Vessels operating within the communication range (<20 miles) of a VHF public coast station or U.S. coast Guard station that maintains a watch on 156.800 MHz while the vessel is navigated must be equipped with a VHF radiotelephone with frequencies appropriate to contact the United States Coast Guard. The Code of Federal Regulations is available online and in the Library

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460, Title 47 CFR
Hist.: OSMB 3-2005, f. & cert, ef, 1-24-05

250-015-0028

Running Lights

Vessels shall be equipped with lighting configurations as specified in a Navigation Rules for International and Inland waters. The Code of Federal Regulations is available online and in the Library

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460, Title 33 CFR
Hist.: OSMB 3-2005, f. & cert, ef, 1-24-05

250-015-0029

U.S.C.G. Operator's License

Vessel operator must be in possession of a valid USCG Operators License appropriate for the area of operation. The Code of Federal Regulations is available online and in the Library

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460, Title 46 CFR
Hist.: OSMB 3-2005, f. & cert, ef, 1-24-05

250-015-0031

Engine Room Ventilation Blower System, Backfire Flame

Boats using fuel having a flashpoint of 110 degrees F. must have installed in each engine space:

(1) Intake and exhaust cowls and ducting to exhaust fuel vapor;

(2) Power blower to exhaust fuel vapor;

(3) Backfire flame control properly installed on carburetor. The Code of Federal Regulations is available online and in the Library

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460, Title 46 CFR
Hist.: OSMB 3-2005, f. & cert, ef, 1-24-05

250-015-0032

Fire Extinguisher

Boats using gasoline as a fuel must have on board fire extinguisher(s) USCG approved or UL listed for marine use. The minimum number and size of fire extinguishers is as follows:

(1) Vessels under 16 ft; 1 - B-I.

(2) Vessels 16 ft to less than 26 ft; 1 - B-I

(3) Vessels 26 ft to less than 40 ft; 2 - B-Is

(4) Vessels 40 ft to not more than 65 ft; 3 - B-Is

(5) Vessels not over 50 gross tons; 1 - B-II

(6) Vessels 50 to not over 100 gross tons; 2 - B-IIs

(7) A fixed system installed in the machinery space can substitute for 1 - B-I. Also, 2 - B-Is can be substituted for 1 B-II. The Code of Federal Regulations is available online and in the Library

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460, Title 46 CFR
Hist.: OSMB 3-2005, f. & cert, ef, 1-24-05

250-015-0033

Additional Equipment

Vessels operating more than 20 miles from the nearest port, in addition to the equipment previously specified, must also carry:

(1) Single Sideband Radio (Title 47 CFR Parts 80.901 & 80.905 (a)(2)). Vessels must be equipped with a medium frequency transmitter capable of transmitting J3E emissions and a receiver capable of reception of J3E emissions within the band of 1710 to 2850 kHz and be capable of operation on 2670 kHz.

(2) Life Raft, Unsinkable Shore Boat (Title 46 CFR Part 180.15). Vessels must carry a life raft, unsinkable shore boat or buoyancy apparatus with a rated capacity sufficient for passengers and crew.

(3) Water Lights (Title 46 CFR Part 25.25-1). Each life jacket must have a water light/life jacket light attached. The Code of Federal Regulations is available online and in the Library

Stat. Auth.: ORS 830.110
Stats. Implemented: ORS 830.430 - 830.460, Title 46 CFR
Hist.: OSMB 3-2005, f. & cert, ef, 1-24-05