Oregon Statutes 704.070 – Requirements for safety equipment, experience and training
(1) A person who acts or offers to act as an outfitter and guide using boats to carry passengers on the waters of this state shall:
Terms Used In Oregon Statutes 704.070
- Charter guide: means an individual who:
(a) Carries passengers for hire for outdoor recreational activities on the waters of the Pacific Ocean over which the State of Oregon has jurisdiction;
(b) Carries passengers for hire for outdoor recreational activities on the waters of the Columbia River below the Astoria-Megler Bridge downstream to the waters of the Pacific Ocean; and
(c) Possesses a valid United States Coast Guard operator license. See Oregon Statutes 704.010
- Employee: means an individual who, in exchange for compensation or monetary gain, provides outfitting and guiding services under the direction, supervision and control of an outfitter and guide or a charter guide. See Oregon Statutes 704.010
- Outfitter and guide: means any person:
(A) Who, for compensation or monetary gain, provides, offers to provide or advertises the provision of:
(i) Outfitting and guiding services in this state; or
(ii) Outfitting and guiding services and either equipment, supplies, livestock or materials for use in this state; or
(B) Who holds one or more federal special use permits for commercial outfitting and guiding services for use in any forest or wilderness or on any waterway in this state. See Oregon Statutes 704.010
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(a) Equip each nonmotorized boat that is under the direct operation of an outfitter and guide or an employee of an outfitter and guide to carry passengers on waters rated as class III or higher on a commonly accepted scale of river difficulty with a rescue throw bag, complete with a length of artificial fiber rope and a buoyant bag;
(b) On any section of waters rated as class III or higher on a commonly accepted scale of river difficulty, require that all persons physically providing outfitting and guiding services and all passengers wear a properly secured United States Coast Guard approved personal flotation device of a type prescribed by rules adopted by the State Marine Board;
(c) If the outfitter and guide operates nonmotorized boats carrying passengers on any section of waters rated as class III or higher on a commonly accepted scale of river difficulty, require that all persons physically providing outfitting and guiding services:
(A) Prior to providing the services, have completed at least one trip on that section of waters in a nonmotorized boat; and
(B) Have been trained in equipment preparation and boat rigging, understanding and recognizing river characteristics and hazards, methods of scouting rapids, methods of physically guiding boats through rapids, proper client communication, how to provide paddling and safety instruction and methods of river rescue techniques, including emergency procedures and equipment recovery;
(d) If the outfitter and guide is a charter guide, ensure that the vessel used to carry passengers complies with the equipment requirements for charter vessels under ORS § 830.450; and
(e) On any section of waters rated as class III or higher on a commonly accepted scale of river difficulty, rent, sell or otherwise make available to all passengers helmets that meet the standards established by the board by rule.
(2) Subsection (1)(b) of this section does not apply to motorized boats that are inspected by the United States Coast Guard. [2005 c.438 § 7; 2013 c.422 § 10; 2019 c.163 § 1]
ADMINISTRATION