2015 ORS 783.630¹
  • exclusions

(1) ORS 783.625 (Definitions for ORS 783.625 to 783.640) to 783.640 (Reporting of ballast water management) apply to all vessels carrying ballast water from a voyage into the waters of this state, except a vessel that:

(a) Discharges ballast water only at the location where the ballast water originated, if the ballast water is not mixed with ballast water from areas other than open sea waters;

(b) Does not discharge ballast water in waters of this state;

(c) Traverses only the internal waters of this state;

(d) Traverses only the territorial sea of the United States and does not enter or depart an Oregon port or navigate the waters of this state;

(e) Discharges ballast water that originated solely from waters located between the parallel 40 degrees north latitude and the parallel 50 degrees north latitude on the west coast of North America; or

(f) Discharges ballast water that has been treated to remove organisms in a manner pursuant to rules adopted by the Environmental Quality Commission under ORS 783.635 (Discharge of ballast water prohibited).

(2) ORS 783.625 (Definitions for ORS 783.625 to 783.640) to 783.640 (Reporting of ballast water management) do not authorize the discharge of oil or noxious liquid substances in a manner prohibited by state, federal or international laws or regulations. Ballast water containing oil or noxious liquid substances shall be discharged in accordance with the requirements applicable to those substances.

(3) Nothing in this section:

(a) Requires an open sea or coastal exchange if the owner or operator in charge of a vessel determines that performing an open sea or coastal exchange would threaten the safety or stability of the vessel or the safety of the vessel’s crew or passengers because of any extraordinary condition, including but not limited to adverse weather, vessel design limitations or equipment failure.

(b) Exempts the owner or operator in charge of a vessel from the reporting requirements under ORS 783.640 (Reporting of ballast water management), whether or not ballast water is carried or discharged in the waters of this state. [2001 c.722 §2; 2003 c.692 §2; 2005 c.62 §5; 2015 c.704 §2]

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), aff'd 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.