2015 ORS 783.625¹
Definitions for ORS 783.625 to 783.640

As used in ORS 783.625 (Definitions for ORS 783.625 to 783.640) to 783.640 (Reporting of ballast water management), unless the context requires otherwise:

(1) Ballast water means any water used to manipulate the trim and stability of a vessel.

(2) Cargo vessel means a ship in commerce that is equipped with ballast tanks, other than a tank vessel or a vessel used solely for commercial fish harvesting, of 300 gross tons or more.

(3) Coastal exchange means exchanging the ballast water taken onboard at a North American coastal port at a distance of at least 50 nautical miles from land and at a depth of at least 200 meters.

(4) Department means the Department of Environmental Quality.

(5) Empty ballast tank means a ballast tank of a vessel that has been discharged of ballast water from a voyage and, as a result, is expected to have only unpumpable residual ballast water and sediment remaining in the ballast tank.

(6) Oil means oil, gasoline, crude oil, fuel oil, diesel oil, lubricating oil, oil sludge, oil refuse and any other petroleum related product.

(7) Open sea exchange means a replacement of ballast water that occurs in an area no less than 200 nautical miles from any shore.

(8) Passenger vessel means a ship of 300 gross tons or more carrying passengers for compensation.

(9) Sediment means any matter that settles out of ballast water.

(10) Ship means any boat, ship, vessel, barge or other floating craft of any kind.

(11) Tank vessel means a ship that is constructed or adapted to carry oil in bulk as cargo or cargo residue other than:

(a) A vessel carrying oil in drums, barrels or other packages;

(b) A vessel carrying oil as fuel or stores for that vessel; or

(c) An oil spill response barge or vessel.

(12) Trip means travel to an appointed destination and return travel to the point of origin within the waters of this state.

(13) Vessel means a tank vessel, cargo vessel or passenger vessel.

(14) Voyage means any transit by a vessel destined for any Oregon port.

(15) Waters of this state means natural waterways including all tidal and nontidal bays, intermittent streams, constantly flowing streams, lakes, wetlands and other bodies of water in this state, navigable and nonnavigable, including that portion of the Pacific Ocean that is in the boundaries of Oregon. [2001 c.722 §1; 2003 c.692 §1; 2005 c.62 §2; 2007 c.816 §2; 2011 c.321 §3; 2015 c.704 §1]

Chapter 783

Notes of Decisions

There is nothing in this chapter which provides for different pro­ce­dures where owners of vessel are named in complaint as well as vessel itself. Paddack v. Rasmussen, 59 Or App 290, 650 P2d 1036 (1982), affd 294 Or 599, 660 P2d 677 (1983)

Procedures provided by this chapter meet funda­mental due process require­ments of adequate notice and opportunity to be heard. Rocky B. Fisheries v. North Bend Fabrica­tion & Machines, Inc., 66 Or App 625, 676 P2d 319 (1984), Sup Ct review denied


1 Legislative Counsel Committee, CHAPTER 783—Liabilities and Offenses Connected With Shipping and Navigation; Shipbreaking; Ballast Water, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors783.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 783, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano783.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.