Marine Board Adopts Rule, Denies Petition, Other Actions, April 24

The Oregon State Marine Board made several rulings on a variety of issues during their quarterly Board meeting held on April 20, in Salem. The Board approved amending the boat operations rule in Clatsop County (OAR 250-020-0041) to remove the speed restriction on the Skipanon Waterway from the area north of the Hampton Mill to the confluence of the Columbia River.  The 5-MPH designation will be amended to read “slow-no wake.”  This change will save boaters transit time to and from marinas in the Skipanon River, while protecting docks and moorages south of the Hampton Mill. The Board also approved initiating rulemaking to amend OAR 250 Division 030 to add an exemption for landowners, inadvertently removed in 2016, to the prohibition on motor use for certain sections of the lower Deschutes River who have special boater passes issued under Oregon State Parks and Recreation Department (OPRD) rule, 736-040-0071(10).  Marine Board staff will coordinate with State Parks on the draft rule language and will return to the Board with a rule recommendation in the fall. In January, the Board received a petition to initiate rulemaking in OAR 250-010-0053, Safety Inspections, to allow law enforcement officers “additional tools to enforce watercraft required equipment rules to address unmuffled engine noise.”  The petition was denied; however, staff identified another option to address the petition’s concerns and recommended that the Board initiate rulemaking on OAR 250-010-0121 Mufflers, to update noise standards and testing procedures.  The Board approved initiation of rulemaking on OAR 250-010-0121.  Staff will convene an advisory committee and will return to the Board with a rule recommendation in the fall. In February, the Board received a petition to restrict jet pump or air propeller drives on the Rogue River from Table Rock Road Bridge (at mile 131.3) upstream to the barrier dam at Cole River Fish Hatchery (mile 155.7), except for emergencies, law enforcement, and emergency training by the Jackson County Sheriff’s Office.  The Board denied the petition and after a detailed discussion, directed agency staff to consider alternatives to rulemaking including education, information, signage, voluntary restrictions and increased law enforcement of existing laws.  Board members underscored the importance of looking for solutions before imposing rules that restrict entire user groups and that all parties need to find ways to share the waterways.  In other business, the Board approved a grant to the Oregon Youth Conservation Corps that will employ up to 17 youth who will perform work at seven to 13 boating facilities in three counties during the 2017 summer.  The Board approved $9,999.99 in state boater funds (pending legislative approval of the agency’s budget) to match $14,735 of applicant cash, materials, equipment and administration to fund one crew in Clackamas County for a total project cost of $24,734.99.  The Board also approved a cost increase for utilities installation on the new pumpout and dump station on Foster Reservoir.  The Board approved $24,000 in federal Clean Vessel Act funds, and $16,000 in state boater funds to complete the project. To view the meeting agenda and agency staff report, visit http://www.oregon.gov/OSMB/info/Pages/Board-and-Public-Meetings.aspx.