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State
Oregon
OAR Chapter 16 Oregon State Marine Board OUTFITTER/GUIDE REGISTRATION


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

OREGON STATE MARINE BOARD

DIVISION 16

OUTFITTER/GUIDE REGISTRATION

250-016-0001

Definitions

(l) "Board" means the State Marine Board.

(2) "Employee" means an individual who, in exchange for compensation or other pecuniary gain, provides outfitting and guiding services exclusively under the direction, supervision and control of an outfitter and guide or an ocean guide.

(3) "Ocean guide" means any individual who carries passengers for hire for outdoor recreational activities only on the waters of the Pacific Ocean over which the State of Oregon has jurisdiction and who possesses therefore a valid United States Coast Guard vessel operator license.

(4) "Outdoor recreational activities" include, but are not limited to, boating, angling, hunting, jeep touring, backpacking, alpine mountain climbing, camping, trips utilizing pack animals, dog sled trips, helicopter skiing, whitewater float trips, rafting trips, drift boat trips, kayak trips, inflatable canoe trips, and canoe trips. The duration of any outdoor recreational activities may be for a few hours or for several days or weeks.

(5) "Outfitter and guide" means any person:

(a) Who provides, or who offers to provide, for compensation or other pecuniary gain:

(A) Outfitting and guiding services in Oregon; or

(B) Outfitting and guiding services and either equipment, supplies, livestock, or materials for use in Oregon.

(b) Who holds one or more Federal permits for commercial outfitting and guiding services for use in any forest or wilderness or on any river in Oregon.

(6) "Outfitter and guide" does not include:

(a) An ocean guide or an employee of an outfitter and guide or ocean guide; or

(b) An individual who, for compensation or other pecuniary gain, provides outfitting and guiding services for the conduct of outdoor recreational activities exclusively upon property owned or controlled by the individual.

(7) "Outfitting and guiding services" include, but are not limited to, leading, protecting, instructing, training, cooking packing, guiding, transporting, supervising, interpreting, or otherwise assisting any person in the conduct of outdoor recreational activities. The rental of equipment alone does not constitute outfitting and guiding services.

(8) Outfitting and guiding services are not offered or provided for compensation or pecuniary gain if:

(a) No individual receives any dues, fees, salary, commission, bonus, tip, compensation, equipment, materials, livestock, supplies, rental payment, amortization payment, depreciation payment, or other financial gain; and

(b) No money or other remuneration is in any manner paid or collected except as a sharing by trip participants of the costs or expenses for the trip.

(9) Exclusions. The following activities and services do not constitute "outfitting and guiding services":

(a) Services supplied by governmental agencies which conduct outdoor recreational activities;

(b) Services supplied by private colleges and universities which teach outdoor recreational activities in the curriculum, provided these courses are open to enrolled students and faculty members only;

(c) Services supplied by non-profit organizations that meet the criteria of (8)(a) and (b) of this section;

(d) Services supplied by schools which teach outdoor recreational activity classes such as ski schools, horseback riding schools, swimming instructions, scuba instruction, sailing lessons, flying lessons, photography, nor such activities where being under the tutelage or instruction of a person is ancillary to the primary course of instruction or study. (This does not include fishing, hunting, backcountry, and whitewater schools.)

(10) "Deposits" are any advance payments in excess of $100 per person for a trip, including a credit card to hold a trip with a value.

(11) "Person" means an individual, partnership, corporation or non-profit organization.

Stat. Auth.: ORS 704
Stats. Implemented: ORS 704.500 & Ch. 704, OL 1995 - SB 2093
Hist.: MB 7-1986, f. 7-28-86, ef. 8-1-86; MB 5-1996, f. & cert. ef. 4-12-96; MB 2-1997, f. & cert. ef. 4-4-97

250-016-0002

Registration Instructions

Registration requirements are contained in ORS 704.020.

(1) Application forms are available from the State Marine Board, 435 Commercial Street, N.E., P.O. Box 14145, Salem, OR 97309-5065, (503) 378-8587, 8:00 a.m. to 5:00 p.m., Monday through Friday.

(2) 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, notarized copy of Coast Guard Operator's license if applicable, and the fee required by ORS 704.020 must be submitted to the Board at the address in section (l) of this rule. The required fee is non-refundable. Where an application is submitted for a partnership, one partner must sign the application and provide his/her 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 direct by 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.

(3) Proof of first aid training 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. (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). Should an outfitter/guide's first aid card or the equivalent expire, the outfitter/guide is responsible for submitting the original updated card to the Board. If there is a lapse of time between expiration and renewal, the outfitter/guide's registration is automatically suspended during that period of time.

(4) An incomplete application shall, after twelve months from date of receipt and lacking any action on the applicants part to complete the application, be deemed inactive. Should the applicant desire to register, the instructions contained in section (3) of this rule shall apply.

Stat. Auth.: ORS 704 & ORS 705
Stats. Implemented: ORS 704.500 & Ch. 704, OL 1995 - SB 2093
Hist.: MB 7-1986, f. 7-28-86, ef. 8-1-86; MB 22-1987, f. 12-31-87, ef. 1-1-88; MB 5-1996, f. & cert. ef. 4-12-96; MB 2-1997, f. & cert. ef. 4-4-97

250-016-0003

Proof of Registration Compliance

(l) Outfitter/Guide certificate of registration:

(a) Upon meeting the registration requirements of ORS 704.020, the Board shall issue to the applicant proof of compliance in the form of a laminated card containing the applicant's:

(A) Name and address;

(B) Registration number;

(C) Business name (if any); and

(D) Expiration date.

(b) When the registration is for a corporation or non-profit organization, the provided Outfitter/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."

(c) If the outfitter/guide uses boat(s)in his/her business, a decal will be issued with the following information:

(A) For motorized boats used on Federally navigable waters, the decal shall show the type of Coast Guard operator's license the outfitter/guide possesses, the area of operation, and the passenger carrying capacity.

(B) For motorized boats used on inland waters only, the decal shall show the passenger carrying capacity.

(C) Passenger carrying capacity information shall not be required on the decal for non-motorized boats.

(D) Non-motorized boats used in the outfitter/guide business that display identifying numbers, letters, or decal issued by another governmental agency and used only within that agency's area of operation, are exempt from display of an outfitter/guide decal.

(E) Boats not under the direct operation of an outfitter/guide or employee of an outfitter/ guide are exempt from the decal requirement. Boats operated exclusively by the client of an outfitter/guide are exempt from the decal requirement.

(d) If an outfitter/guide wants to participate in Oregon Department of Fish & Wildlife Outfitter and Guides Hunting Tag Program established under ORS 496.151, they must obtain a Hunting Certification in addition to outfitter/guide registration. To be certified, an outfitter must:

(A) Certify that they have 3 years hunting experience working as a registered outfitter/guide in Oregon or another state, or working as an employee of an outfitter/guide registered or licensed in Oregon or another state. If the experience has been gained working as an employee, the outfitter/guide must submit a signed affidavit outlining the employee's experience. Outfitter/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 and/or oral examination on the Outfitter/Guide program and Oregon Department of Fish and Wildlife laws and rules. If the applicant fails the test, he/she may retake it after a 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.

(C) Provide with outfitter/guide application proof that the outfitter/guide has the necessary federal government permits (U.S. Forest Service and/or Bureau of Land Management) or private land leases or authorizations for the area in which the Department of Fish and Wildlife hunting tags are to be requested. Proof shall be a notarized copy of the permit.

(D) Submit a $75 certification fee. The renewal fee shall be $25.

(2) Duplicates:

(a) A duly registered outfitter or guide may apply to the Board for a duplicate proof of compliance card when an original has been lost, stolen or mutilated;

(b) A duplication fee of $5 shall be required for each replacement requested.

(3) The outfitter/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 704
Stats. Implemented: ORS 704.500 & OL 1995, SB 2093
Hist.: MB 7-1986, f. 7-28-86, ef. 8-1-86; MB 5-1996, f. & cert. ef. 4-12-96; MB 2-1997, f. & cert. ef. 4-4-97; OSMB 2-1999, f. & cert. ef. 2-4-99; OSMB 4-1999, f. & cert. ef. 7-1-99

250-016-0004

Employee Agent or Party of Interest

(l) Each outfitter/guide shall maintain a current record at the State Marine Board of all employees, agents, or parties of interest as denoted in ORS 704.020(l)(c).

(2) Notice of additions or deletions shall be immediately provided to the Board by telephone, FAX, or written, dated communication. The notification shall include:

(a) The outfitter/guide's name and address; and

(b) The added or deleted individual's full name.

Stat. Auth.: ORS 704
Stats. Implemented: ORS 704.500, Ch. 704, OL 1995 - SB 2093
Hist.: MB 7-1986, f. 7-28-86, ef. 8-1-86; MB 5-1996, f. & cert. ef. 4-12-96

250-016-0005

Cancellation of Registration

(1) An outfitter/guide registration shall be cancelled upon notification from an insurance company that such outfitter or guide's required insurance has been suspended or cancelled.

(2) The Board shall give written notice to such outfitter or guide of the effective date of such insurance suspension or cancellation.

(3) The affected outfitter/guide shall, within ten working days of receipt of such registration suspension or cancellation notice, return to the Board the previously issued outfitter/guide identification card.

Stat. Auth.: ORS 704
Stats. Implemented: ORS 704.500 & ORS 830.110
Hist.: MB 7-1986, f. 7-28-86, ef. 8-1-86

250-016-0006

Reinstatement of Registration

(1) A previously cancelled outfitter/guide registration shall be reinstated immediately upon receipt of notification (certificate of insurance) from an insurance company of the outfitter or guide's procurement of the required insurance coverage.

(2) The Board shall return the previously surrendered outfitter/guide identification card, and it shall remain effective for the unexpired duration of its issuance.

Stat. Auth.: ORS 704

Sats. Implemented: ORS 704 & ORS 830.110
Hist.: MB 7-1986, f. 7-28-86, ef. 8-1-86

250-016-0007

Registration Renewal

(1) The Board shall notify a registered outfitter or guide in writing approximately 30 days in advance of the impending registration expiration.

(2) The notification shall include instructions for registration renewal and any appropriate forms for such renewal.

(3) An applicant must, in order to avoid an interrupted valid registration, return the completed application and all necessary documents and fees at least ten working days prior to the current registration expiration date.

Stat. Auth.: ORS 704
Stats. Implemented: ORS 704 & ORS 830.110
Hist.: MB 7-1986, f. 7-28-86, ef. 8-1-86

250-016-0008

Board's Authority to Reprimand an Outfitter/Guide or Suspend, Revoke, or Deny a Registration

(1) The marine Board may reprimand an outfitter and guide or suspend, revoke, or deny for a period of up to 24 months the registration of an outfitter and guide for:

(a) Any serious or repeated violation of ORS chapter 477, 496, 497,498, 501, 506, 508, 509, 511, or 704 or any rule adopted pursuant thereto;

(b) Any serious or repeated violation of the fish and wildlife laws or regulations of the Federal Government or of another state for committing or omitting acts which, if committed or omitted in this State, would be a violation of ethical or professional standards established by the Board. A certified copy of the record of suspension or revocation of the state making such suspension or revocation is conclusive evidence thereof;

(c) Having an outfitter/guide registration, license, permit or certificate suspended, revoked, canceled, or denied by another state or by an agency of the United States for committing or omitting acts which, if committed or omitted in this State, would be a violation of ethical or professional standards established by the Board;

(d) Having a United States Coast Guard vessel operator license revoked, suspended, or canceled by the United States Coast guard for committing or omitting acts that if committed or omitted in this state would be a violation of standards established by the Board; or

(e) Engaging in fraudulent, untruthful, or seriously misleading advertising in the conduct of the outfitting and guiding services.

(2) Upon receipt of notice of conviction from the court of a certified copy of a record of suspension, revocation, or cancellation, it shall be the discretion of the Board to determine to reprimand an outfitter/guide or suspend, revoke, or deny the outfitter/guide registration based on the following criteria:

(a) Serious violation shall be conviction of a Class A or B misdemeanor or three Class A or B infractions in a three-year period;

(b) Repeated violations shall constitute two Class A or B misdemeanor convictions within a period of ten years;

(3) The Board may issue conditional registrations contingent on the outfitter/guide not having any violations or convictions as defined in this section for a period of 24 months from issue.

(4) The Board may reprimand an outfitter/guide for violations of the ethical and professional standards adopted under OAR 250-016-0010.

Stat. Auth.: ORS 704.500
Stats. Implemented: ORS 704.500, Ch. 704, OL 1995-SB 2093 & OL 1995 - SB 110
Hist.: MB 5-1996, f. & cert. ef. 4-12-96; MB 12-1997, f. & cert. ef. 12-5-97

250-016-0009

Contested Case Hearings

The State Marine Board shall 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 in accordance with OAR 250, Division 1.

Stat. Auth.: ORS 704.500
Stats. Implemented: ORS 704.500, Ch. 704, OL 1995 - SB 2093
Hist.: MB 5-1996, f. & cert. ef. 4-12-96

250-016-0010

Outfitter/Guide Ethical and Professional Standards

All outfitter/guides shall:

(1) 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;

(2) 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;

(3) Lave 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;

(4) 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;

(5) 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;

(6) Not violate any law, rule, or policy of the Department of Fish and Wildlife concerning the certification of residents and nonresidents for procuring hunting and fishing licenses;

(7) Not engage in fraud, deceit, misrepresentation, or concealment of any material fact in advertising, soliciting, or providing professional services to members of the public;

(8) 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;

(9) Not solicit clients or another outfitter/guide while client is engaging in an outfitting activity;

(10) Promptly refund deposits paid by participants upon request if such deposits are due to the participant in accordance with the outfitter/ guide's written deposit refund policy;

(11) Not substantially breach a contract with any person using guiding services of the outfitter/guide;

(12) Treat clients, employees, and the general public in a fair and professional manner.

(13) It is unprofessional and unethical to have an outfitter/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 704.500
Stats. Implemented: ORS 704.500, Ch. 704, OL 1995 - SB 2093
Hist.: MB 5-1996, f. & cert. ef. 4-12-96

250-016-0011

Surety Bond

(l) Outfitter/guides who collect deposits in excess of $100 per person for a trip are required to furnish proof of a $5,000 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.

(2) Proof shall consist of a fully executed Surety Bond or a Letter of Credit.

Stat. Auth.: ORS 704.500
Stats. Implemented: ORS 704.500, Ch. 704, OL 1995 - SB 2093
Hist.: MB 5-1996, f. & cert. ef. 4-12-96

250-016-0012

Personal Flotation Device Requirements for Outfitters and Guides

(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.

Stat. Auth.: ORS 704, 830.110
Stats. Implemented:
Hist.: OSMB 6-2005, f. 12-29-05, cert. ef. 1-1-06