Title 58, Shipping and Navigation

As used in this chapter, unless the context requires otherwise: (1) “Board” means the Oregon Board of Maritime Pilots. (2) “Licensee” means an individual licensed under ORS 776.115. (3) “Organization of pilots” means any legal entity or association to which licensees belong as me…

Except as may be established by the Oregon Board of Maritime Pilots under ORS 776.115 (3), bar and river pilotage grounds shall be as follows: (1) The Columbia River bar pilotage ground extends from a line across the Columbia River along 123° 44:MIN. 00:MIN2. west longitude, then…

The Columbia River bar precautionary zone is established. The Columbia River bar precautionary zone extends seaward of the Columbia River bar pilotage ground, lying between the western boundary of the Columbia River bar pilotage ground, and the line drawn as follows: Beginning on…

The Legislative Assembly finds that: (1) In order to implement the policies described and inherent in ORS 196.420, 273.553, 465.205, 466.010 and 468B.015 and ORS chapter 274, it is necessary to establish precautionary measures. (2) Only individuals who have experience and can dem…

(1) All vessels required by ORS 776.405 (1) to engage a licensee under this chapter shall, at all times while underway upon any of the pilotage grounds established under ORS 776.025 or 776.115, have at least two licensed deck officers on the navigation bridge of the vessel, one o…

(1) The Oregon Board of Maritime Pilots is established within the Public Utility Commission of Oregon, and shall consist of nine members appointed by the Governor for terms of four years. The appointments of members of the board are subject to confirmation by the Senate in the ma…

The Oregon Board of Maritime Pilots shall: (1) Fix the manner of calling and fixing the places of meetings and hold at least one meeting each calendar year. (2) Provide for efficient and competent pilotage service on all pilotage grounds, and regulate and limit the number of lice…

In addition to its authority under ORS 776.115, the Oregon Board of Maritime Pilots may: (1) Establish pilotage requirements for all single boiler or single engine and single screw tank vessels carrying oil in pilotage grounds; (2) Review and, if appropriate, reduce deadweight to…

(1) The Oregon Board of Maritime Pilots may issue subpoenas to compel the attendance of witnesses and the production of records, documents, books, papers, memoranda or other information necessary to conduct an investigation under ORS 776.115, 776.375 or 776.405. (2) If a person f…

(1) When conducting an investigation under ORS 776.115, 776.375 or 776.405, the Oregon Board of Maritime Pilots or its authorized representative may enter and investigate a premises, ship or facility. (2) When conducting an investigation under subsection (1) of this section, the …

(1) When the Oregon Board of Maritime Pilots establishes rates described in ORS 776.115 (5), the board shall contract with and compensate the Public Utility Commission of Oregon for the use of administrative law judges assigned by the commission to conduct the rate proceeding. No…

(1) No person shall be licensed as a trainee under this chapter unless the person meets the experience and educational requirements established by the Oregon Board of Maritime Pilots by rule including provisions pursuant to a program to carry out ORS 243.305 and 776.115 (2). (2) …

(1) No organization of pilots shall be licensed to train persons to be pilots under this chapter unless the organization: (a) Has members who are licensed to pilot under ORS 776.325; and (b) Meets other requirements established by the Oregon Board of Maritime Pilots. (2) The boar…

(1) No person shall be licensed to pilot under this chapter unless the person: (a) Was licensed as a trainee or licensee prior to submitting an application to be licensed to pilot and has met the training requirements established by the Oregon Board of Maritime Pilots; and (b) Po…

(1) Except as provided in subsection (2) of this section, each licensee under this chapter shall pay an annual license fee to the Oregon Board of Maritime Pilots not to exceed the amount established under ORS 776.115. Subject to prior approval of the Oregon Department of Administ…

(1) The maximum annual license fee for a maritime pilot is $2,500 for the biennium beginning July 1, 2007. (2) The Oregon Board of Maritime Pilots shall adjust the amount of the maximum annual license fee for a maritime pilot for each subsequent biennium by a proportional amount …

The Pilot Account is established in the State Treasury, separate and distinct from the General Fund. All moneys received by the Oregon Board of Maritime Pilots under this chapter shall be deposited in the account. All moneys in the account are continuously appropriated to the boa…

(1) Where the Oregon Board of Maritime Pilots proposes to refuse to issue or renew a license to pilot, or proposes to revoke or suspend a license or proposes to issue a written reprimand, opportunity for hearing shall be accorded as provided in ORS chapter 183. (2) Adoption of ru…

(1)(a) Except as set forth in paragraph (c) of this subsection, a person may not pilot any vessel upon any of the pilotage grounds established under ORS 776.025 or 776.115 without being a licensee under this chapter or a trainee under the onboard supervision of a licensee under t…

No licensee shall demand or receive any greater, lesser or different compensation for piloting a vessel upon any of the pilotage grounds than is allowed by law. [1957 c.448 §25(2); 1993 c.796 §12]

Within the scope of the license, a licensee may pilot any vessel and demand and receive therefor the compensation allowed by law. [1957 c.448 §20(1); 1973 c.650 §2; 1985 c.32 §3; 1993 c.796 §13]

The master or person in charge of any vessel may refuse to accept the services of any particular licensee and shall call for another licensee, in which case the vessel and the owners, operators and agents of the vessel are liable only for the services of the licensee employed. [1…

In addition to the lien of the licensee upon the vessel for any sum due for piloting, the master, owner and consignee or agent are jointly and severally liable to the licensee therefor. [1957 c.448 §21; 1993 c.796 §15]

On boarding a vessel and if required by the master thereof, a licensee shall exhibit the license before the licensee is authorized to perform a piloting assignment. [1957 c.448 §19; 1993 c.796 §16]

(1) The stimulation and preservation of maritime commerce on the bar and river pilotage grounds of this state are declared to be affected with the public interest and the limitation and regulation of liability of licensees, trainees and organizations of pilots are necessary to su…

Licensees and trainees are authorized to limit their liability and the liability of any organization of pilots to which they belong by tariffs approved by the Oregon Board of Maritime Pilots containing substantially the terms and provisions of the following form: ________________…

An organization of pilots shall not be liable for any claims arising from acts or omissions of a licensee, trainee or organization of pilots which relate, directly or indirectly, to pilotage of a vessel. A licensee or trainee shall not be liable either directly or as a member or …

(1) Each licensee and trainee shall procure and furnish to the Oregon Board of Maritime Pilots a security in the sum of $250 as a surety bond or an irrevocable letter of credit, in a form approved by the board and underwritten by a surety company authorized to engage in business …

(1)(a) Except as provided in paragraph (b) of this subsection, a licensee or trainee may not pilot a vessel on the Coos Bay bar pilotage ground or the Yaquina Bay bar pilotage ground if the licensee or trainee, or an immediate family member of the licensee or trainee, has any fin…

(1) Except as provided in subsection (2) of this section, each licensee under this chapter shall collect a board operations fee from each vessel using the services of a licensee. The purpose of the fee is to allow the Oregon Board of Maritime Pilots to carry out its duties, funct…

(1) Subject to subsection (2) of this section, the maximum board operations fee for a vessel is $100. (2) The Oregon Board of Maritime Pilots shall adjust the amount of the maximum board operations fee for a vessel each biennium beginning July 1, 2015, by a proportional amount eq…

(1) In addition to any other penalty provided by law, any licensee or trainee who commits any act for which the Oregon Board of Maritime Pilots could revoke, suspend or refuse to issue or renew a license is subject to a civil penalty in an amount determined by the board of not mo…

Violation of any of the provisions of this chapter is a Class B misdemeanor. Notwithstanding ORS 137.286 and 161.635, the minimum fine for a violation of ORS 776.405 (1)(a) is $5,000 and the maximum fine is $50,000. [1957 c.448 §26; 1991 c.234 §7; 2011 c.597 §300] _______________…

As used in ORS 777.005 to 777.725 and 777.915 to 777.953, unless the context requires otherwise: (1) “Board” means the board of commissioners of a port. (2) “County” means the county in which the port, or the greater portion of the area of the port, is located. (3) “County board”…

(1) Ports may be formed in the manner provided in this section and ORS 777.050. (2) A proposed port may include all the territory in one county. However, where a petition is filed for formation of a port, the territorial limits of which do not include the county as a whole, the l…

From the date of the formation order, the port specified in the order shall: (1) Have perpetual succession. (2) Have, and may exercise and carry out, the corporate powers and objects declared by ORS 777.005 to 777.725 and 777.915 to 777.953. (3) Make all contracts, hold, receive …

The Legislative Assembly recognizes that assistance and encouragement of enhanced world trade opportunities are an important function of the state, and that development of new and expanded overseas markets for commodities exported from the ports of this state has great potential …

(1) ORS chapter 255 governs the following: (a) The nomination and election of district commissioners. (b) The conduct of district elections. (2) The electors of the district may exercise the powers of the initiative and referendum regarding a district measure, in accordance with …

A port may enter into agreements with other ports to exercise jointly all powers granted to any of the agreeing ports. The agreement may authorize joint acquisition of real property or other interests in land and may provide for the allocation among the agreeing ports of expenses…

Any agreement between the Port of Astoria, individually or in conjunction with another port, pursuant to ORS 777.090, and the State Land Board shall specify a division between the parties of all net revenues accruing from the management of the deepwater port facility at Tongue Po…

Annually, the directors of any agreeing ports and the Director of the Department of State Lands shall report to appropriate legislative committees the nature of all agreements made under ORS 777.090 and accomplishments thereunder. [1981 c.879 §11; 2007 c.354 §26] Note: See note u…

A port may improve bays, rivers and harbors within its limits and between its limits and the sea for the width and length and to the depth the port considers necessary or convenient for the use of shipping and as the means at its disposal will allow. It may construct the canals, …

Two or more ports may enter agreements, to exercise jointly all powers granted to each of the agreeing ports individually. In the exercise of such powers ports may acquire jointly all lands, rights in real property, leases or easements necessary for their purposes. However, ports…

A port may: (1) Contract with the federal government to do all or part of the work of making or maintaining, or both, a depth of water in the bays, harbors or rivers as determined by the federal government; and (2) Receive therefor compensation as agreed between the federal gover…

(1) A port may enter into intergovernmental agreements under ORS chapter 190 for any purpose permitted under that chapter. (2) Any port may enter into a contract with any person or into an intergovernmental agreement under ORS chapter 190 for the use and control of water for prom…

Consistent with the purposes, functions and powers granted to it by law, a port may provide research or technical assistance for the planning, promotion or implementation of commercial, industrial or economic development projects upon request by any public body as defined in ORS …

(1) A port may acquire, by condemnation or other lawful method, hold, use, enjoy and convey, lease or otherwise dispose of real and personal property, or any interest therein, necessary or convenient in carrying out its powers. Condemnation proceedings shall be conducted as provi…

(1) To the full extent the State of Oregon might exercise control or grant to ports the right to exercise control, a port has full control of all bays, rivers and harbors within its limits, and between its limits and the sea. As convenient, requisite or necessary or in the best i…

(1) A port may establish, maintain and operate a tugboat and pilotage service in the port and between the port and the sea. To provide such service, it may purchase, lease, control and operate tugboats and pilot boats and collect charges from vessels employing such tugs for towag…

(1) A port may distribute water for domestic purposes, industrial purposes, irrigation purposes or for the purposes of recharging ground water basins or reservoirs within or without the port. (2) A port may construct, improve, maintain and operate public marina or other recreatio…