OFFICE OF THE SECRETARY OF STATE DENNIS RICHARDSON SECRETARY OF STATE LESLIE CUMMINGS DEPUTY SECRETARY OF STATE ARCHIVES DIVISION MARY BETH HERKERT DIRECTOR 800 SUMMER STREET NE SALEM, OR 97310 503-373-0701 NOTICE OF PROPOSED RULEMAKING INCLUDING STATEMENT OF NEED & FISCAL IMPACT CHAPTER 250 OREGON STATE MARINE BOARD FILED 11/28/2018 11:27 AM ARCHIVES DIVISION SECRETARY OF STATE FILING CAPTION: Boat Operation on Willamette River in Clackamas, Marion and Yamhill Counties LAST DAY AND TIME TO OFFER COMMENT TO AGENCY: 01/13/2019 5:00 PM The Agency requests public comment on whether other options should be considered for achieving the rule's substantive goals while reducing negative economic impact of the rule on business. CONTACT: June LeTarte 503-378-2617 june.letarte@oregon.gov Oregon State Marine Board 435 Commercial St NE Salem,OR 97301 Filed By: June LeTarte Rules Coordinator HEARING(S) Auxilary aids for persons with disabilities are available upon advance request. Notify the contact listed above. DATE: 01/09/2019 TIME: 11:59 AM - 7:00 PM OFFICER: James Cogle ADDRESS: Wilsonville Public Library Rose Room 8200 SW Wilsonville Road Wilsonville, OR 97070 SPECIAL INSTRUCTIONS: Staff will be on site from Noon to 7:00 pm. Stop in at any time during the open time period to testify on your response to the following question: ARE YOU IN FAVOR OF THE PROPOSED RULE LANGUAGE FOR THE WILLAMETTE RIVER-NEWBERG POOL Yes or No. If No, what is your alternative proposal. NEED FOR THE RULE(S): ORS 830.175 allows the State Marine Board to make regulations consistent with the safety and property rights of the public or when traffic conditions become such as to create excessive congestion. ORS 830.195 allows the State Marine Board to regulate boating activities to prevent boating user conflicts. The rule amendments aims to lessen congestion, reduce conflict on the waterway, and mitigate the impact of wakes on the waterway. DOCUMENTS RELIED UPON, AND WHERE THEY ARE AVAILABLE: Page 1 of 8
Oregon State Marine Board Meeting 10/23/18 Staff Report Rulemaking documents are available for public inspection at the Oregon State Marine Board's Director's office between 8:30 am - 4:00 pm on regular work days, Monday-Friday. FISCAL AND ECONOMIC IMPACT: The Oregon State Marine Board is expected to be economically impacted by the rule amendment with an estimated up front cost of $21,200 in year 1 of rule adoption, $5,000 in year 2, and a maintenance cost of $1,500 per year, thereafter. These costs are expected to cover signage on the water and around public boat launch ramps, as well as, training and education. COST OF COMPLIANCE: (1) Identify any state agencies, units of local government, and members of the public likely to be economically affected by the rule(s). (2) Effect on Small Businesses: (a) Estimate the number and type of small businesses subject to the rule(s); (b) Describe the expected reporting, recordkeeping and administrative activities and cost required to comply with the rule(s); (c) Estimate the cost of professional services, equipment supplies, labor and increased administration required to comply with the rule(s). (1) In order to provide and place signs and waterway markers, train law enforcement, and educate the public on the rule amendments, the Oregon State Marine Board (OSMB) would be economically affected by the rule. Cost to OSMB are anticipated to be $21,200 initially, with an additional $5,000 the second boating season, and a further $1,500 in maintenance costs per year after. An additional up front cost of between $2,000-$3,000 may be incurred depending on the cost to place waterway markers. Local government and the public are not anticipated to be economically affected. (2)(a) Small businesses are not specifically subject to the rule. Boat dealers, boat liveries, towed watersport education providers, and marinas would be required to comply with the rules if they were operating a boat in the areas specified. (b) There is no expected reporting, recordkeeping, or administrative costs for small businesses to comply with the rule. (c) There is no anticipated cost of professional services, equipment, supplies, labor, or increased administrative costs for small businesses to comply with the rule. DESCRIBE HOW SMALL BUSINESSES WERE INVOLVED IN THE DEVELOPMENT OF THESE RULE(S): A small business representative from a watersport boat dealership was involved in crafting the concept of the proposed rule. WAS AN ADMINISTRATIVE RULE ADVISORY COMMITTEE CONSULTED? NO IF NOT, WHY NOT? The plan was presented to the Oregon State Marine Board as a compromise between the boating industry representatives and the local home owners. A Rules Advisory Committee was not consulted as the costs associated with the rule were anticipated to fall on the Oregon State Marine Board. RULES PROPOSED: 250-010-0010, 250-020-0032, 250-020-0263, 250-020-0385 AMEND: 250-010-0010 RULE SUMMARY: Amendments to 250-010-0010 add definitions for wake surfing, wakeboarding, and plowing speed. CHANGES TO RULE: 250-010-0010 Definitions Page 2 of 8
As used in OAR Chapter 250, unless otherwise required by context: (1) "Board" means the Oregon State Marine Board. (2) "Boat Livery" means a person, persons, or a business establishment engaged in renting or hiring out boats for profit. (3) "Float Tube" means a manufactured floating device constructed of canvas, nylon or other similar material encasing an inner tube capable of supporting one person sitting inside with their legs dangling below the vessel, used as a means of transportation on the water. Single float tubes are boats as defined in ORS 830.005(2) and if powered by machinery, single float tubes are motorboats as defined in ORS 830.005(5) and subject to numbering according to OAR 250-010-0040. (4) "Operator" means the person who operates or who has charge of the navigation or use of a boat. (5) "Person" means an individual, partnership, firm, corporation, association, or other entity. (6) "Person on Board" means every person being carried on board or being towed by a vessel. (7) "Plowing speed" means the speed a motorboat is operated at between slow no-wake speed and planing speed. A motorboat operated at planing speed is riding on or near the water's surface as a result of the hydrodynamic forces on the motorboat's hull or other surface. (8) "Propel" means but is not limited to floating, rowing, paddling, sailing or otherwise operating a boat (as defined in ORS 830.005), a vessel or ship. (89) "Slow-No Wake" means operating a boat at the slowest speed necessary to maintain steerage and that reduces or eliminates waves that appear as white water behind the boat. (910) "Ship's Lifeboats" means lifeboats used solely for lifesaving purposes and does not include dinghies, tenders, speedboats, or other types of craft carried aboard a vessel and used for other than lifesaving purposes. (101) "Undocumented Vessel" means any vessel which is not required to have, or does not have, a valid marine document issued by the U.S. Coast Guard. (112) "Underway" means when a boat is not at anchor, or moored, or made fast to the shore, or aground. (13) "Wakeboarding" means the activity of towing a person who is attached with two foot bindings on equipment similar to a short surfboard or snowboard. Equipment used in this activity may include but is not limited to wake boards. (14) "Wake surfing" means the activity of propelling a person, on equipment similar to a surfboard, forward with a boat's wake. The person may be holding a rope or free riding. Equipment used in this activity may include but is not limited to wake surf boards, wake boards, stand up paddleboards, and hydrofoils. Statutory/Other Authority: ORS 830.110 Statutes/Other Implemented: ORS 830.110 Page 3 of 8
AMEND: 250-020-0032 RULE SUMMARY: Amendments to 250-020-0032 replace the regulation on wake enhancing devices between RM 48.5 to RM 31.5 with new regulations between RM 30 and 50 specifying proximity certain boat operations can occur in relation to specific structures, along with boat operation regulations in specific areas and during specific times. An additional amendment removes the 10MPH restriction 100 ft from the western shore of the Willamette River between river mile 30 and 30.5. Housekeeping edits are also conducted. CHANGES TO RULE: 250-020-0032 Boat Operations on the Willamette River in Clackamas County (1) NoA person shallmust not operate a motorboat in excess of 10 MPH in the following areas: (a) Bbetween the southern shore of Hog Island and the mainland; (b) Within 100 feet of the west shore, between RM 30.0 and 30.5. (2) NoA person shallmust not operate a boat: (a) Downstream from Oregon City Falls in an area from the base of the falls to a line across the river between the northeast corner of the West Linn Paper Company Mill A Grinder Room on the west bank of the river to the southwest corner of the previous power plant associated with the previous Blue Heron Mill on the east bank of the river as marked; (b) In the area commonly known as the "cul-de-sac" or the West Linn Paper Company tailrace; beginning at the mouth of the tailrace on the south bank then extending across the tailrace following the line established by the bridge across the tailrace to the north bank, then in a westerly, southerly, and easterly direction around the bank of the tailrace to the place of beginning. (c) Exceptions: (A) Boats of any federal, state, county, or local governmental agency, Portland General Electric Sullivan Plant and West Linn Paper Company maintenance crews may operate in the closed area when on official business; (B) Boats used in taking lamprey under a permit issued by the Oregon Department of Fish and Wildlife may operate in the closed area subject to the conditions specified in the permit. (C) Holders of a Ceremonial Harvest Permit may operate a boat for activities conducted in accordance with OAR 635-041-0610 as adopted by the Oregon Department of Fish and Wildlife. (D) To operate in the closed area under special permits as prescribed in sections (2)(c)(B) and (2)(c)(C), each operator must hold a valid Oregon Boater Education Card and each boat must pass an inspection by a Clackamas County Marine Law Enforcement officer for compliance with Oregon boating safety statutes and administrative rules. (3) NoA person shallmust not operate a motorboat in excess of a "slow-no wake" speed on the following waters: (a) Cedar Island lagoon; (b) From the north point of the eastern spit of Cedar Island 100 yards due north and then due west to the shore line; (c) Within 200 feet of a designated public launching ramp or marked swimming area; (d) Within 200 feet of shore adjacent to George Rogers Park (Lake Oswego), from the southern bank of Sucker Creek north along the west bank of the Willamette, to a point 200 yards north of the boat ramp, as posted; (e) From the I-5 Boones Bridge west approximately 1,700 feet to the Railroad Bridge. (4) NoA person shallmust not operate a personal watercraft in continuous operation on the Willamette River between Hog Island and the Union Pacific Railroad Bridge during the period from May 1 through September 30, except to transit through this zone. (5) On the Willamette River from the Hwy 219 Bridge at RM 48.5 to the upper end of Willow Island at RM 31.5, the following rules apply:a person must not operate a motorboat between river mile 30 and river mile 50: (a) In excess of "slow-no wake" speed within 100 feet of a private dock, boathouse or moorage legally permitted by the Oregon Department of State Lands. Page 4 of 8
(b) For the purposes of wakeboarding within 200 feet of a dock, boathouse, moorage or floating home legally permitted by the Oregon Department of State Lands, except as specified in (5)(e). (ac) No person shfor the purposes of wake surfing within 300 feet of a dock, boathouse, moorage or floating home legally operate a motorboat imitted by the Oregon Department of State Lands, except in an area listed in (6) or as specified in (5)(e). (d) In excess of a "slow-no wake" speed for the purposes of towing an inflatable device within 1200 feet of privatea docks, boathouses or moorages, moorage or floating home legally permitted by the Oregon Department of State Lands. (b) No person shall use wake-enhancing devices, including ballast tanks, wedges or hydrofoils or other mechanical devices, or un-even loading of persons or gear, to artificially operate bow-high, except as specified in (5)(e). (e) If the river is too narrow in a location for a motorboat to remain the specified distances in (5)(b-d) from a dock, boathouse, moorage or floating home on both sides of the river, then the person shall operate the motorboat no closer than the river centerline. When two motorboats are approaching each other from opposite directions along the river centerline, vessel boat operators shall follow OAR 250-011-0060(3). (6) A person must not operate a motorboat with a registered length of 18 feet or longer for the purpose of either wake surfing or maintaining a plowing speed within the following areas as marked: (a) Between the Canby Ferry and river mile 36. (b) Between river mile 37 and river mile 41.4. (c) Between river mile 42.4 and river mile 46. (d) Between river mile 48.6 and river mile 49.8. (7) Except for the purposes of crossing the Willamette River, a person operating a non-motorized boat from May 15 to September 15 between river mile 30 and river mile 50 must remain within 100 feet of the shoreline during the following times: (a) Between the hours of 3 p.m. and sunset Monday through Friday. (b) Between the hours of 12 noon and sunset on Saturdays and legal holidays. (8) A person must not anchor a motorboat from May 15 to September 15 between river mile 30 and river mile 50 further than 100 feet from the shoreline during the following times: (a) Between the hours of 3 p.m. and sunset Monday through Friday. (b) Between the hours of 12 noon and sunset on Saturdays and legal holidays. Statutory/Other Authority: ORS 830.110, ORS 830.175 Statutes/Other Implemented: ORS 830.110,75, ORS 830.1795 Page 5 of 8
REPEAL: 250-020-0263 RULE SUMMARY: Repeals 250-020-0263, the boating restriction during the historic Champoeg Pageant, which no longer takes place. CHANGES TO RULE: 250-020-0263 Boat Operations in Marion and Yamhill Counties No person shall operate a motorboat in excess of 5 MPH during July and August between river miles 44.5 and 45.0, as marked during the hours of 7-10 p.m. Thursdays through Sundays, during evenings on which the historic Champoeg Pageant is performed. Statutory/Other Authority: ORS 830 Statutes/Other Implemented: ORS 830.110, 830.175 Page 6 of 8
AMEND: 250-020-0385 RULE SUMMARY: Amendments to 250-020-0385 replace the regulation on wake enhancing devices between RM 48.5 to RM 31.5 with new regulations between RM 30 and 50 specifying proximity certain boat operations can occur in relation to specific structures, along with boat operation regulations in specific areas and during specific times. Amendments also remove the restriction during the historic Champoeg Pageant. Removal of obsolete language and housekeeping edits are also conducted. CHANGES TO RULE: 250-020-0385 Boat Operations in Yamhill and Marion Counties (1) NoA person shallmust not operate a motorboat in excess of 5 MPH during July and August between river miles 44.5 and 45.0, as marked during the between river mile 30 and river mile 50: (a) In excess of "slow-no wake" speed within 100 feet of a private dock, boathours of 7-10 p.m. Thursdays through Sundays, during evenings on which the historic Champoeg Pageant is performed. (2) On the Willamette River from the Hwy 219 Bridge at RM 48.5 to the upper end of Willow Island at RM 31.5, the following rules apply: (a) No person shall operate a motorboat atse or moorage legally permitted by the Oregon Department of State Lands. (b) For the purposes of wakeboarding within 200 feet of a dock, boathouse, moorage or floating home legally permitted by the Oregon Department of State Lands, except as specified in (1)(e). (c) For the purposes of wake surfing within 300 feet of a dock, boathouse, moorage or floating home legally permitted by the Oregon Department of State Lands, except in an area listed in (2) or as specified in (1)(e). (d) In excess of a "slow-no wake" speed for the purposes of towing an inflatable device within 1200 feet of privatea docks, boathouses or moorages, moorage or floating home legally permitted by the Oregon Department of State Lands. (b) No person shall use wake-enhancing devices, including ballast tanks, wedges or hydrofoils or other mechanical devices, or un-even loading of persons or gear, to artificially operate bow-high, except as specified in (1)(e). (e) If the river is too narrow in a location for a motorboat to remain the specified distances in (1)(b-d) from a dock, boathouse, moorage or floating home on both sides of the river, then the person shall operate the motorboat no closer than the river centerline. When two motorboats are approaching each other from opposite directions along the river centerline, vessel boat operators shall follow OAR 250-011-0060(3). (2) A person must not operate a motorboat with a registered length of 18 feet or longer for the purpose of either wake surfing or maintaining a plowing speed within the following areas as marked: (a) Between the Canby Ferry and river mile 36. (b) Between river mile 37 and river mile 41.4. (c) Between river mile 42.4 and river mile 46. (d) Between river mile 48.6 and river mile 49.8. (3) Except for the purposes of crossing the Willamette River, a person operating a non-motorized boat from May 15 to September 15 between river mile 30 and river mile 50 must remain within 100 feet of the shoreline during the following times: (a) Between the hours of 3 p.m. and sunset Monday through Friday. (cb) Effective 12:01 am, May 1, 2014 and ending October 31, 2014, 11:59 pm, the use of wake-enhancing devices from the Hwy 219 Bridge at RM 48.5 to RM 47 are allowedbetween the hours of 12 noon and sunset on Saturdays and legal holidays. (4) A person must not anchor a motorboat from May 15 to September 15 between river mile 30 and river mile 50 further than 100 feet from the shoreline during the following times: (a) Between the hours of 3 p.m. and sunset Monday through Friday. (b) Between the hours of 12 noon and sunset on Saturdays and legal holidays. Page 7 of 8
Statutory/Other Authority: ORS 830.110, ORS 830.175 Statutes/Other Implemented: ORS 830.110,75, ORS 830.1795 Page 8 of 8