2013 ORS § 830.110¹
Powers and duties of board
  • rules

In addition to the powers and duties otherwise provided in this chapter, the State Marine Board shall have the power and duty to:

(1) Make all rules necessary to carry out the provisions of this chapter. The rules shall be made in accordance with ORS chapter 183.

(2) Devise a system of identifying numbers for boats, floating homes and boathouses. If an agency of the federal government has an overall system of identification numbering for boats within the United States, the system devised by the board shall conform with the federal system.

(3) Cooperate with state and federal agencies to promote uniformity of the laws relating to boating and their enforcement.

(4) Make contracts necessary to carry out the provisions of ORS 830.060 (Consistency with federal law) to 830.140 (Boating Safety, Law Enforcement and Facility Account), 830.700 (Definitions for ORS 830.060 to 830.140 and 830.700 to 830.870) to 830.715 (Record of certificates and numbers), 830.725 (Distribution of lists of owners), 830.730 (False information prohibited), 830.770 (Certificate of number required on boat), 830.780 (Identifying number on forward half of boat), 830.785 (Application for boat number), 830.795 (Issuance of certificate of number and validation stickers) to 830.820 (Duplicate certificates or validation stickers) and 830.830 (Dealer or boat manufacturer number) to 830.870 (Duplicate certificate).

(5) Advise and assist county sheriffs and other peace officers in the enforcement of laws relating to boating.

(6) Study, plan and recommend the development of boating facilities throughout the state which will promote the safety and pleasure of the public through boating.

(7) Publicize the advantage of safe boating.

(8) Accept gifts and grants of property and money to be used to further the purposes of this chapter.

(9) Exempt from any provisions of this chapter any class of boats if it determines that the safety of persons and property will not be materially promoted by the applicability of those provisions to the class of boats. The board may not exempt from numbering any class of boats unless:

(a) The board determines that the numbering will not materially aid in their identification; and

(b) The secretary of the department of the federal government under which the United States Coast Guard is operating has exempted from numbering the same boats or classes of boats.

(10) Appoint and require the bonding of agents to issue a temporary permit to operate a boat. In addition to the prescribed fees, the agents may charge the following for their services in issuing the temporary permit:

(a) $2.50 [bad link] per transaction for calendar years 2008, 2009 and 2010;

(b) $3.75 [bad link] per transaction for calendar years 2011, 2012 and 2013; and

(c) Beginning in 2014, and every three years thereafter, the board shall issue an order revising the fee specified in paragraph (b) of this subsection on January 1, based on changes in the Portland-Salem, OR-WA, Consumer Price Index for All Urban Consumers for All Items, as published by the Bureau of Labor Statistics of the United States Department of Labor. The board shall round the amount of the fee to the nearest half-dollar. The revised fee takes effect on January 1 and applies for the following three years.

(11) Publish and distribute to the interested public the boating laws of this state and resumes or explanations of those laws.

(12) Publish and distribute forms for any application required under this chapter and require the use of such forms.

(13) Make rules for the uniform navigational marking of the waters of this state. Such rules shall not conflict with markings prescribed by the United States Coast Guard. No political subdivision or person shall mark the waters of this state in any manner in conflict with the markings prescribed by the board.

(14) Make rules regarding marine toilets and their use consistent with the prevention and control of pollution of the waters of this state and not in conflict with the rules of the Oregon Health Authority or the Environmental Quality Commission.

(15) Institute proceedings to enjoin unlawful obstructions injuring free navigation on the waters of this state.

(16) Make rules regulating water ski course markers, ski jumps and other special use devices placed in the waters of this state. Such rules may regulate the installation and use of the devices and may require a permit.

(17) Adopt rules necessary to carry out and enforce the provisions of ORS 830.950 (Definitions for ORS 830.955) and 830.955 (Prohibition of installation of submersible polystyrene device). The rules shall include but need not be limited to:

(a) The kinds of protective covering or physical barriers that are acceptable to be used between a submersible polystyrene device and the water.

(b) Guidelines for the use of submersible polystyrene devices for the repair or maintenance of existing docks or floats.

(18) Adopt rules providing for establishment of a Safe Boating Education Course to be made available to courts and law enforcement agencies within this state for use as a sentencing option for those individuals convicted of boating offenses. The board shall specify the content of the Safe Boating Education Course and shall prescribe procedures for making the course available to local courts and law enforcement agencies, including procedures for promptly notifying such courts whether individuals required to enroll in the course have taken and successfully passed the course. Such rules may provide for administration of the course through nonprofit organizations, such as the United States Coast Guard Auxiliary, United States Power Squadrons or similar groups.

(19) For purposes of ORS 830.175 (Regulations for specific areas), 830.180 (Use of motors prohibited on certain lakes), 830.185 (Speed restrictions in certain areas), 830.187 (Restrictions for Waldo Lake) and 830.195 (Board to protect traditional boating uses and prevent user conflicts), in cooperation with the State Aviation Board, regulate boats that are seaplanes as provided in ORS 830.605 (State Marine Board and Oregon Department of Aviation to distribute information on regulation of seaplanes) and 835.200 (Rules for operation and safety). [Formerly 488.830 [bad link]; 1991 c.759 §6; 1991 c.931 §1; 1995 c.655 §9; 2001 c.104 §315; 2003 c.14 §501; 2007 c.147 §1; 2009 c.595 §1151; 2013 c.186 §5]