Oregon Administrative Code

856-001-0000 Notice of Proposed Rule Prior to the adoption, amendment or repeal of any rules, the Board shall give notice of the intended action by mailing or furnishing a copy of the notice to: (1) The Associated Press; (2) The following groups: (a) Columbia River Pilots (b) Col…

856-001-0005 Model Rules of Procedures The Model Rules of Procedure under the Administrative Procedures Act adopted by the Attorney General in 2014 are hereby adopted as the rules of procedure for the Board of Maritime Pilots, except as specified under OAR chapter 856, division 0…

856-001-0010 Organization (1) The Board of Maritime Pilots, created by ORS Chapter 776, is responsible for licensing of pilots in the State of Oregon and setting of pilotage rates. (2) Information can be obtained from the Board’s office at 800 N.E. Oregon Street, Suite 507, Portl…

856-010-0003 Definitions (1) "Barge" — A general term for a heavy, flat bottomed, often rectangular vessel used to carry cargo, usually in sheltered and inland waters but also, sometimes at sea; usually pushed or towed by tug. By U.S. Government definition, barges are any non-sel…

856-010-0006 Board Operations Fee (1) The Board operations fee shall be $70 effective July 15, 2025. Thereafter, the fee shall be reviewed quarterly and adjusted as needed as provided in subsection (2) of this section, subject to the maximum allowed by ORS 776.810(1). (2) The amo…

856-010-0007 Fee For Copies (1) All requests for copies of public records in the custody of the Oregon Board of Maritime Pilots shall be submitted in writing or by electronic mail. Requests are subject to disclosure according to the Public Records Law, ORS Chapter 192. (2) The Bo…

856-015-0001 Training Organizations (1) New Applicants. Upon receiving a qualifying written application from an interested organization of pilots, the Board shall issue an original license to training organizations for the relevant pilotage ground. Every organization of pilots ap…

856-015-0005 Trainee & Apprentice - General Application Requirements (1) An applicant for selection as an apprentice pursuant to OAR 856-015-0025, or an applicant for a trainee license pursuant to 856-015-0020, 856-015-0023, or 856-015-0030, shall provide all the following when m…

856-015-0010 Original Licensing Requirements - All Pilotage Grounds In addition to the qualifications required for licensing of pilots under ORS 776, the applicant shall: (1) Present an application in writing to the administrator of the board on the form provided by the board for…

856-015-0011 Pilot Licensing Requirements - Columbia & Willamette River Pilotage Ground - Grade "C" License (1) A Grade "C" pilot license issued by the Board authorizes the holder to pilot vessels up to 601 feet length overall (L.O.A.) on the Columbia & Willamette River pilotage …

856-015-0012 Original Licensing Requirements - Coos Bay Bar Pilotage Ground When applying for a license on the Coos Bay bar pilotage ground, the applicant shall: (1) Hold a valid license as Master endorsed for Radar Observer issued by the U.S. Coast Guard and shall have served at…

856-015-0013 Original Licensing Requirements - Yaquina Bay Bar Pilotage Ground When applying for a license on the Yaquina Bay bar pilotage ground the applicant shall: (1) Hold a valid license as Master endorsed for Radar Observer issued by the U.S. Coast Guard and shall have serv…

856-015-0014 Pilot Licensing Requirements - Columbia River Bar Pilotage Ground When applying for an original license on the Columbia River Bar pilotage ground the applicant shall: (1) Hold a valid license issued by the U.S. Coast Guard as "Unlimited Master any oceans — any tonnag…

856-015-0015 Restrictions on Licenses After receiving an original license the following restrictions shall apply: (1) Columbia and Willamette River Grade "C" and Grade “B” license holders shall not pilot vessels with a draft of 38 feet or greater. Columbia and Willamette River Gr…

856-015-0020 Pilot Trainee Selection — Columbia River Bar Pilotage Ground (1) Initial Application. Individuals applying for licensure as a trainee on the Columbia River Bar pilotage ground must submit the following to the Board offices: (Note: Individuals can contact the Board to…

856-015-0023 Applicant Examination & Ranking – Columbia & Willamette River Pilotage Ground (1) Initial Application. Applications may be submitted at any time, but no application will be considered for the upcoming examination cycle unless it is submitted by August 1 of that exami…

856-015-0025 Apprentice Selection & Training Program - Columbia & Willamette River Pilotage Ground (1) Application for a Certificate as a Pilot Apprentice for the Columbia and Willamette River pilotage ground shall be made on a form provided by the Board. (2) The Board of Maritim…

856-015-0030 Applicant Examination and Ranking — Coos Bay Bar and Yaquina Bay Bar Pilotage Grounds (1) Initial Application. Individuals applying for licensure as a trainee on the Coos Bay Bar and Yaquina Bay Bar pilotage grounds may submit an initial application in the first quar…

856-015-0035 Pilot Licensing Requirements - Columbia & Willamette River Pilotage Ground - Grade "B", Grade "A" and Unlimited Licenses (1) A Grade "B" License issued by the Board authorizes the holder to pilot vessels on the Columbia & Willamette River pilotage ground up to 701 fe…

856-015-0036 Certificate in Lieu of Training - Columbia & Willamette River Pilotage Ground Up to one-half of the turns required by OAR 856-015-0011(2)(d), OAR 856-015-0035(2)(e), and OAR 856-015-0035(6)(i) may be satisfied by a trainee who delivers to the Training Course Monitor …

856-015-0037 Application for Temporary License for Military Spouse or Domestic Partner (1) “Military spouse or domestic partner” means a spouse or domestic partner of an active member of the Armed Forces of the United States who is the subject of a military transfer to Oregon. (2…

856-015-0040 Grounds for Denying Original License Application The Board may deny an application for a pilot's license, if the Board finds, after notice and hearing, that: (1) The applicant fails to meet any one or all of the requirements of the physical examination as specified i…

856-015-0045 License Fees (1) The annual license fee for pilots shall be $4,322. (2) The Oregon Board of Maritime Pilots shall adjust the amount of the annual license fee for a maritime pilot for each subsequent biennium by a proportional amount equal to the percentage change in …

856-015-0050 Reduced License Fees Individuals licensed by this Board as pilots for Yaquina Bay bar pilotage ground, who anticipate less than full-time employment as pilots, may pay a reduced annual license fee of $50. Statutory/Other Authority: ORS 776 Statutes/Other Implemented:…

856-015-0055 Surety Bond or Deposit (1) Each pilot licensed by the Board or on file with the Board as an individual in pilot trainee status shall file with the Board a surety bond in the amount of $250 in the form provided in this rule and underwritten by a surety company authori…

856-016-0001 Continuing Professional Development & Safety Training (1) All applicants for renewal of an unlimited license shall complete of a minimum of ten (10) days of continuing professional development training, as provided in paragraphs (a) and (b) below. Certifications of t…

856-016-0010 Renewal of License (1) Application for renewal of license shall be made on a form provided by the Board, signed by the applicant and presented to the administrator of the Board at least thirty (30) days prior to expiration of the license. (2) Every state-licensed pil…

856-016-0020 Inactive Status (1) Inactive status may be granted to state-licensed pilots who have provided notice in writing to the Board on the form provided by the Board. (a) Inactive licensees may not engage in pilotage in the State of Oregon and must reactivate the license to…

856-019-0001 Incident Reports; Duties to Report (1) An incident defined as: (a) An accidental grounding; (b) An intentional grounding which creates a hazard to navigation, the environment or to the safety of the vessel; (c) An unintended collision or allision with any object; (d)…

856-019-0005 Miscellaneous Reporting Obligations (1) Any licensee or trainee who has a post-incident, random or reasonable cause drug or alcohol test with results confirmed positive by a medical review officer must report the results in writing to the Board within 72 hours after …

856-019-0010 Incident Investigation Procedures (1) Upon receiving notice that an incident has occurred, the Board member who is a licensee for the pilotage ground where the incident occurred will commence a preliminary investigation as soon as practicable. If the incident involve…

856-019-0020 Failure to Report The license of any pilot who fails, neglects, or refuses to report to the Board or U.S. Coast Guard, as required by these rules for a period of ten days after the date required may be suspended; and if the pilot fails to report for a period of 30 da…

856-019-0040 Complaint Process (1) Any person or entity may file a complaint with the Board regarding the conduct of a Board licensee or trainee. Such complaints shall be in writing, and include a detailed explanation of the conduct or events complained of. Anonymous complaints a…

856-019-0045 Grounds for Pilot and Trainee Discipline This rule describes or references the actions and circumstances that constitute failure to achieve or maintain competency as a pilot or trainee, or that otherwise constitute a danger to public health and safety. (1) If, after …

856-019-0050 Suspension, Revocation or Lapse of Federal License (1) The state license of any pilot whose federal license is revoked, suspended or refused renewal may be revoked, suspended or refused renewal. (2) The lapse of a federal license due to discipline shall be treated as…

856-019-0060 Disciplinary Sanctions (1) Upon determination by the Board that a pilot is subject to discipline under OAR 856-019-0045, the Board may consider the following factors in determining the appropriate sanction to be imposed: (a) The nature of the violation; (b) The facts…

856-025-0001 Pilot Organization Bylaws Any pilot or organized group of pilots operating under the authority of ORS Chapter 776 and OAR chapter 856 shall maintain on file with the Board a current copy of their respective group’s bylaws and amendments. Hereafter, they shall file wi…

856-025-0005 Delegations of Authority The Board delegates the following authority and responsibilities to carry out the mission of the agency: (1) To the Vice Chair – The authority to sign final orders when the Chair is absent. (2) To the Executive Director – (a) The authority to…

856-025-0010 Fatigue Mitigation Programs (1) Pilot organizations shall adopt and maintain fatigue management programs that are based on peer-reviewed science in the fields of occupational or sleep medicine and that, at a minimum: (a) Limit the number of continuous hours on duty; …

856-025-0015 Pilot Medical Oversight (1) A licensee may not pilot a vessel if any of the following conditions apply: (a) The physical health of a pilot is such that the pilot is not physically capable of competently exercising the license privilege and performing the work involve…

856-025-0020 Pilot Exchanges (1) The recommended area for the exchange between the Bar Pilots and River Pilots is upstream of River Mile 15. Failure to complete the exchange at the recommended location will not, by itself, subject a pilot to discipline by the Board, but in the ev…

856-025-0030 Compulsory Pilotage Vessel Exemptions (1) On the Columbia River Bar, Coos Bay Bar and Yaquina Bay Bar pilotage grounds, the following vessels are exempt from compulsory pilotage: (a) Foreign fishing vessels not more than 100 feet in length or 250 gross tons internati…

856-025-0040 Emergency Exception ORS 776.600(1)(a) does not apply in an emergency. Statutory/Other Authority: ORS 776.115 Statutes/Other Implemented: ORS 776.600 History: BMP 27-2018, adopt filed 11/14/2018, effective 11/14/2018

856-025-0050 Financial Reports (1) Effective for 2018, and continuing on a biennial basis thereafter, each Oregon pilot organization shall submit to the Board a Special Purpose Financial Statement (SPFS). A Review will be performed on SPFS by an independent certified public accou…

856-025-0055 Periodic Tariff Review Process (1) On a biennial basis beginning in 2019, the Board shall conduct a review of the current tariff in effect for the prior 24 months for all pilotage grounds. (2) The tariff review shall include a reading by all Board members of: (a) Pil…

856-030-0000 Ratemaking — Substantive Elements The Board shall for each pilotage ground, establish a rate structure that provides for efficient, economical, and competent pilotage services and fair compensation for pilotage services and expenses: (1) In determining the number of …

856-030-0001 Capital Improvement Planning (1) A pilot organization that intends to seek funding through pilotage rates at the next available ratemaking opportunity for reimbursement of the cost of a proposed major capital improvement is encouraged to notify the Board as soon as p…

856-030-0002 Pre-Petition Notice (1) Any party intending to request a change in pilotage rates must, at least 90 days prior to petitioning the Board, file a notice of intent to petition with the Board, with a copy served on each pilot association, any association representing the…

856-030-0010 Ratemaking — Petitions, Filing and Response When the Board is petitioned to act under ORS 776.115(5), the following procedure shall be followed: (1) An interested person may petition the Board requesting a hearing. The petition is deemed filed when received by the Bo…

856-030-0015 Conduct of the Hearing (1) The hearing shall be conducted in accordance with ORS 183.425 to 183.464 and the Attorney General's Model Rules. (2) If the hearings officer believes that additional evidence or written argument is necessary to complete the record, the offi…