2011 ORS § 830.440¹
- • contents
- • fee
- • bond or financial security
- • transfer of license
- • rules
(1) An individual who desires to obtain an ocean charter vessel license shall make written application therefor to the State Marine Board. The application shall include such information regarding the vessel and copies of such documents and licenses regarding operation of the vessel as the board may require. The application shall be accompanied by 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 engaged in carrying passengers for hire. The applicant shall certify that the vessel complies with the equipment requirements established by the board under ORS 830.450 (Equipment requirements).
(2) The annual fee for an ocean charter vessel license is:
(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 paragraph (c) of this subsection, $100.
(3)(a) A person who applies for a license to operate an ocean charter vessel 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.
(4) A license issued pursuant to this section is transferable to a replacement vessel of the license holder and is transferable to the purchaser of the vessel when the vessel is sold.
(5) For the purposes of reciprocity under ORS 704.025 (Reciprocity for certain licensees of other states) and 830.435 (Ocean charter vessel license), the board may adopt rules to waive the annual fees required under subsection (2)(a) and (b) of this section for a person who possesses a current Oregon outfitter and guide registration under ORS chapter 704 and operates in the waters of the Columbia River downstream from the Lewis and Clark Bridge. The board may specify conditions for the waiver of fees under this subsection. [1989 c.885 §4; 1995 c.759 §3; 2007 c.148 §3]