Marine Board says No at Cape Kiwanda, June 25

On June 24, 2015, in a unanimous decision, the Marine Board voted not to initiate rulemaking to consider adoption of a new rule in Chapter 250 Division 020. A petition received April 10, 2015, requested rulemaking to establish a navigation safety zone at Cape Kiwanda, prescribe the marking of the safety zone with lighted markers, and make the operation of a surfboard within the safety zone whenever dory rigs and trailers are parked on the beach a violation of ORS 830.365(1). Marine Board staff reviewed the Board’s rulemaking authorities and the propositions of law asserted by the petitioner and concluded that the Marine Board can only make regulations for specific areas relating to the operation of boats, that as used in ORS 830.365, the term “surfboarding,” is referring to a towed watersport and the term “surfboard” is a towed device, and therefore, a surfboard is not a “boat” as defined in ORS 830.005. Based on this analysis, staff determined that the Marine Board does not have authority to regulate surfboards, as requested in the petition, except when those surfboards are used as a towed device and involving the operation of a boat. Staff recommended that the Marine Board deny the petition. Marine Board staff have participated in, and will continue to participate in, Cape Kiwanda Master Plan Meetings.