2013 ORS § 830.440¹
- • contents
- • fees
- • bond or financial security
- • transfer of license
- • rules
(1) An individual who desires to obtain a charter boat license shall submit a written application to the State Marine Board. The application shall include information regarding the charter boat and copies of documents and licenses regarding operation of the charter boat as required by the board by rule. The application shall be accompanied by proof that the applicant has protection against liability imposed by law covering occurrences by the operator of the charter boat, and the employees of the operator, for the payment of damages for bodily injury or death in the minimum amount of $500,000 per occurrence, at any time while engaged in carrying passengers for hire. The applicant shall certify that the charter boat complies with the equipment requirements established by the board under ORS 830.450 (Equipment requirements).
(2) With an application submitted under subsection (1) of this section, an applicant for a charter boat license must provide evidence of the charter boats carrying capacity in the form of a certificate issued by the boat manufacturer or the United States Coast Guard or through a process established by the board by rule.
(3) The annual fee for a charter boat license is:
(a) For charter boats owned by residents of this state if the charter boat has license, title and number issued pursuant to ORS chapter 830, $50.
(b) For charter boats owned by residents of this state if the charter boat has a valid marine document issued by an agency of the federal government, $100. Payment of a fee under this paragraph is in lieu of any other fee or tax imposed by the State of Oregon for possessing, owning or operating a charter boat.
(c) For charter boats owned by persons who reside in a state that requires Oregon residents to pay a license fee to operate a charter boat in the waters of that state, the same fee that is charged Oregon residents to operate a charter boat in the state where the nonresident applicant resides.
(d) For all charter boats owned by nonresidents other than those described in paragraph (c) of this subsection, $100.
(4)(a) A person who applies for a license to operate a charter boat and who accepts deposits from clients in excess of $100 per person or whose agent accepts such deposits, shall submit a bond or other financial security in the amount of $5,000 to the board at the time of application. The bond or other financial security shall be held by the board for the benefit of clients of the licensee who pay a money deposit to the licensee or the licensees agent in anticipation of services to be received. The bond or other financial security amount shall be released to such client or clients conditioned upon a failure of the licensee or the licensees agent to return the deposit following cancellation of services or other failure to provide agreed upon services.
(b) The board shall release or retain all or any portion of a bond or other financial security as described in paragraph (a) of this subsection according to the provisions of ORS chapter 183.
(5) A license issued pursuant to this section is transferable to a replacement charter boat of the license holder and is transferable to the purchaser of the charter boat when the charter boat is sold. [1989 c.885 §4; 1995 c.759 §3; 2007 c.148 §3; 2013 c.146 §5]