Chapter 704 — Chapter 704
21 sections in this chapter.
ORS 704.010 Definitions. As used in this chapter
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(1) “Charter guide” means an outfitter and guide who: (a) Possesses a valid United States Coast Guard operator license; and (b) Carries no more than six passengers for hire for outdoor recreational activities on federally navigable waterways. (2) “Crew member” means an employee w…
ORS 704.015 Applicability of chapter. (1) This chapter does not apply to outfitting and guiding services that are not offered or provided for compensation or monetary gain
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(2) Outfitting and guiding services are not offered or provided for compensation or monetary gain if: (a) A person does not receive, or has not entered into an agreement to receive, any dues, fee, salary, commission, bonus, tip, compensation, equipment, material, livestock, suppl…
ORS 704.020 Registration requirement; liability insurance; bond or financial security; fees; decal; rules. (1) Any person who acts or offers to act as an outfitter and guide shall first register with the State Marine Board. Each registration shall be submitted annually on a form provided by the board and shall include the following information
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(a) The name, residence address and telephone number of the person providing outfitting and guiding services, and all business names, addresses and telephone numbers under which outfitting and guiding services are provided. (b) Proof that the business under which outfitting and g…
ORS 704.021 Proof of compliance with registration requirements. (1) An outfitter and guide who registers pursuant to ORS 704.020 shall, while the outfitter and guide is engaged in providing outfitting and guide services, hold proof of compliance with the requirements of ORS 704.020 and allow the examination of that proof of compliance by any person authorized to enforce this chapter
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(2) If outfitting and guiding services are performed by an employee of an outfitter and guide, the employee shall, while the employee is engaged in providing outfitting and guiding services, hold proof that the outfitter and guide is in compliance with the requirements of ORS 704…
ORS 704.023 Requirements for outfitter and guide serving outdoor youth program. In addition to meeting the requirements in ORS 704.020, any person who provides outfitting and guiding services for outdoor youth programs, as defined in ORS 418.205, shall furnish proof of a current child-caring agency license for outdoor youth programs from the Department of Human Services prior to being registered as an outfitter and guide. [2001 c.809 §10]
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[Repealed or reserved.]
ORS 704.025 Reciprocity for certain licensees of other states; rules. (1) The State Marine Board may adopt rules that exempt persons who provide outfitting and guiding services on the Columbia River from the registration and fee requirements in ORS 704.020 if
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(a) The person conducts outfitting and guiding services on the waters of the Columbia River where that river forms the boundary line between the State of Oregon and the State of Washington; (b) The person possesses a valid Washington license, permit or registration that allows th…
ORS 704.027 Crew members; registration; application; fees; rules. (1) A person may not act as a crew member without first registering with the State Marine Board. Each applicant shall submit the application on a form provided by the board and shall include the following
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(a) The name, residence address, date of birth and telephone number of the applicant; (b) All names, business names, addresses and telephone numbers of the applicant’s employer; (c) Proof that the crew member is certified to give first aid and cardiopulmonary resuscitation, as de…
ORS 704.030 False statements in registration application; special requirements for use of boat. (1) No person shall make any false statement of material fact submitted pursuant to ORS 704.020
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(2) No outfitter and guide who uses a boat to carry passengers on the waters of this state shall carry passengers in excess of the passenger capacity for which insurance is obtained pursuant to ORS 704.020. (3) No outfitter and guide shall use a boat to carry passengers on waterw…
ORS 704.035 Opportunity for hearing; judicial review of decision. (1) The State Marine Board shall provide an opportunity for hearing as required by ORS chapter 183 when the board proposes to
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(a) Deny issuance or renewal of an outfitter and guide registration or a crew member registration; (b) Revoke or suspend an outfitter and guide registration or a crew member registration; or (c) Reprimand an outfitter and guide or a crew member. (2) Any person aggrieved by a deci…
ORS 704.040 Revocation of registration; restriction on registration application after revocation; reprimands; rules. (1) The Legislative Assembly finds that violation of fire prevention, wildlife, hunting, angling, trapping, commercial fishing, recreational boating or public safety laws is directly related to the fitness required for registration as an outfitter and guide or as a crew member
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(2) When a person is convicted of a felony or misdemeanor related to the provision of services regulated by this chapter, a violation of ORS 704.020 or 704.030 or ORS chapter 477, 496, 497, 498, 501, 506, 508, 509, 511 or 830, or any rule promulgated pursuant to ORS 704.500 or OR…
ORS 704.045 Registration of fishing derby with board; exemption from outfitter and guide registration; fee. (1) For the purposes of this section, “fishing derby” or “derby” means a multiday, multistate angling event held in Oregon as a fund-raiser
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(2) An organizer of a fishing derby shall register the time and location of the derby with the State Marine Board if the organizer intends to use a guide registered or licensed in a state other than Oregon. Each derby registration shall be accompanied by a fee of $50. (3) The boa…
ORS 704.050 Cancellation of liability insurance; notice to board; suspension of registration. (1) If an insurance company cancels or refuses to renew insurance for an outfitter and guide required by ORS 704.020, the insurance company, not less than 30 days prior to the effective date of termination of the coverage, shall notify the State Marine Board in writing of the termination and its effective date
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(2) Upon receipt of an insurance coverage termination notice, the board shall send written notice to the outfitter and guide that on the effective date of the insurance coverage termination, the board will suspend the certificate of registration of the outfitter and guide unless …
ORS 704.060 Certification process for participation in allocation of certain deer and elk permits; fee. (1) The State Marine Board shall establish a certification process for outfitters and guides who engage in providing outfitting and guiding services for the hunting of deer and elk to qualify for participation in the allocation of permits required by ORS 496.151. Certification shall include evaluation of education, training, experience and other matters regarding the qualification of individuals to provide the required services
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(2) The board may charge a fee for certification that is in addition to the fee required by this chapter for registration. (3) Outfitters and guides must meet the certification requirements of this section in the calendar year prior to each deer and elk season in order to partici…
ORS 704.065 Decal to be affixed to boat. (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 affix to each boat used in providing outfitter and guide services an identifying decal issued by the State Marine Board or other governmental agency, subject to rules of the board, showing the year of issuance, the passenger-carrying capacity of the boat and such other information as the board may prescribe
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(2) The boat decals for each outfitter and guide who uses a boat to carry passengers on the waters of this state expire on December 31 of each calendar year. [2005 c.438 §3]
ORS 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
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(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 wit…
ORS 704.500 Rules. In accordance with any applicable provisions of ORS chapter 183, the State Marine Board may promulgate rules to carry out the provisions of this chapter. [1983 c.655 §3]
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[Repealed or reserved.]
ORS 704.510 Outfitters and Guides Account. The Outfitters and Guides Account is established in the General Fund of the State Treasury. Except as otherwise provided by law, all moneys received by the State Marine Board pursuant to ORS 704.020 shall be paid into the State Treasury and credited to the account. All moneys in the account are appropriated continuously to the board to carry out the provisions of this chapter. [1983 c.655 §4; 1989 c.586 §6]
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[Repealed or reserved.]
ORS 704.520 Board to submit list of registrants to tourism promotion agency. The State Marine Board will submit annually to the state agency given the responsibility of state tourism promotion a registration list of outfitters and guides and the following information
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(1) The name, business names, addresses and telephone numbers under which outfitting and guiding services are provided; (2) A description of the outfitting and guiding service; (3) The geographic area in which the outfitting and guiding service is provided; and (4) The experience…
ORS 704.525 Advisory committee; membership; duties. (1) The State Marine Board shall appoint an advisory committee to provide advice to the board on various matters regarding the implementation of this chapter. The committee shall be composed of members appointed as follows
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(a) Eight members representing seven of the primary organizations providing outfitting and guiding services in this state, with two members representing the most active organization. The board shall adopt rules to implement this paragraph. (b) Three public members selected by the…
ORS 704.900 Civil penalties; procedure; rules. (1) In addition to any other penalty provided by law, the State Marine Board may impose a civil penalty for failure to comply with ORS 704.020, 704.021, 704.065 or 704.070 or for violation of ORS 704.030
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(2) Any civil penalty under this section shall be imposed in the manner provided by ORS 183.745. (3) Notwithstanding ORS 183.745, the person to whom the notice is addressed shall have 30 days from the date of service of the notice in which to make written application for a hearin…
ORS 704.990 Criminal penalties. (1) Failure to comply with ORS 704.020, 704.021 or 704.065 is a Class A misdemeanor
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(2) Violation of ORS 704.030 is a Class A misdemeanor. [1983 c.655 §6; 2005 c.438 §10; 2013 c.422 §13] _______________