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| Home > Statutes > Usa Oregon |
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USA Statutes : oregon
Title : TITLE 51 LABOR AND EMPLOYMENT
Chapter : Chapter 704 Outfitters and Guides
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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] 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]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:
(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 of the outfitter and guide in providing the
outfitting and guiding service. [1983 c.655 §9] (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:
(a) Two members from among those individuals recommended by the
Oregon Guides and Packers.
(b) One member from among those individuals recommended by the
McKenzie River Guides.
(c) One member from among those individuals recommended by the
Eastern Oregon Guides.
(d) One member from among those individuals recommended by the
Rogue River Outfitters.
(e) One member from among those individuals recommended by the
Deschutes River Public Outfitters.
(f) One member from among those individuals recommended by the
Rogue River Guides Association, Inc.
(g) One member from among those individuals recommended by the
Tillamook Guides Association.
(h) Three public members selected by the board.
(2) In addition to such other duties as the board may prescribe,
the advisory committee shall provide advice and recommendations to the
board regarding:
(a) Methods of improving communication between the board and the
guiding and outfitting industry.
(b) The need for competency testing of guides and outfitters.
(c) Refinements of the definitions of guides and outfitters.
(d) Adequacy of liability insurance coverage.
(e) Identifying decals for motorboats used by guides in providing
outfitter and guide services.
(f) Registration reciprocity for guides conducting outfitting and
guiding services on the Snake and Columbia Rivers. [1989 c.586 §4; 1993
c.256 §5]PENALTIES (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.
(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 hearing before the board.
(4) The board shall adopt rules implementing these provisions,
including a schedule of civil penalties. The civil penalty for each
violation shall not exceed $500.
(5) A civil penalty imposed under this section may be remitted or
reduced upon such terms and conditions as the board considers proper and
consistent with the public health and safety.
(6)(a) In imposing a penalty pursuant to the schedule adopted
pursuant to this section, the board shall consider the following factors:
(A) Any prior violations of ORS 704.020, 704.021, 704.030, 704.065
or 704.070.
(B) The immediacy and extent to which the violation threatens the
public health or safety.
(b) The penalty imposed under this section may be remitted or
mitigated upon such terms and conditions as the board determines to be
proper and consistent with the public benefit. Upon the request of the
person incurring the penalty, the board shall consider evidence of the
economic and financial conditions of the person in determining whether a
penalty shall be remitted or mitigated.
(7) All penalties recovered under this section shall be paid into
the State Treasury and credited to the Outfitters and Guides Account.
[1989 c.586 §3; 1991 c.734 §93; 2005 c.438 §9](1) Failure to comply with ORS 704.020,
704.021 or 704.065 is a Class B misdemeanor.
(2) Violation of ORS 704.030 is a Class B misdemeanor. [1983 c.655
§6; 2005 c.438 §10]
_______________ As used in this chapter:
(1) “Board” means the State Marine Board.
(2) “Employee” means an individual who, in exchange for
compensation or other pecuniary gain, provides outfitting and guiding
services exclusively under the direction, supervision and control of an
outfitter and guide or an ocean guide.
(3) “Ocean guide” means any individual who carries passengers for
hire for outdoor recreational activities only on the waters of the
Pacific Ocean over which the State of Oregon has jurisdiction and who
possesses therefor a valid United States Coast Guard vessel operator
license.
(4) “Outdoor recreational activities” include, but are not limited
to, boating, angling, hunting, jeep touring, backpacking, alpine mountain
climbing, camping, trips utilizing pack animals, dog sled trips,
whitewater float trips, rafting trips, drift boat trips, kayak trips,
inflatable canoe trips and canoe trips. The duration of any outdoor
recreational activities may be for a few hours or for several days or
weeks.
(5)(a) “Outfitter and guide” means any person:
(A) Who provides, or who offers to provide, for compensation or
other pecuniary gain:
(i) Outfitting and guiding services in Oregon; or
(ii) Outfitting and guiding services and either equipment,
supplies, livestock or materials for use in Oregon; or
(B) Who holds one or more federal permits for commercial outfitting
and guiding services for use in any forest or wilderness or on any river
in Oregon.
(b) “Outfitter and guide” does not include:
(A) An ocean guide or an employee of an outfitter and guide or
ocean guide; or
(B) An individual who, for compensation or other pecuniary gain,
provides outfitting and guiding services for the conduct of outdoor
recreational activities exclusively upon property owned or controlled by
the individual.
(6) “Outfitting and guiding services” include, but are not limited
to, leading, protecting, instructing, training, cooking, packing,
guiding, transporting, supervising, interpreting or otherwise assisting
any person in the conduct of outdoor recreational activities. The rental
of equipment alone does not constitute outfitting and guiding services.
(7) Outfitting and guiding services are not offered or provided for
compensation or pecuniary gain if:
(a) No individual receives any dues, fee, salary, commission,
bonus, tip, compensation, equipment, materials, livestock, supplies,
rental payment, amortization payment, depreciation payment or other
financial gain; and
(b) No money or other remuneration is in any manner paid or
collected except as a sharing by trip participants of the costs or
expenses for the trip. [1983 c.655 §1; 1995 c.736 §7](1) Any person who acts, or who offers
to act, as an outfitter and guide must 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:
(a) The name, residence address, and residence 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) If the outfitting and guiding services are to be performed in
the business name of an individual, proof of possession of a current
certificate issued to the individual:
(A) By the American Red Cross upon completion of its multimedia
course; or
(B) Upon completion of any equivalent medical or American Red Cross
training course approved by the board.
(c) If the outfitting and guiding services are to be performed in
the business name of a person other than an individual, the outfitter and
guide must provide the names of all employees, agents and parties in
interest who physically provide, or who directly assist in physically
providing, outfitting and guiding services in Oregon, together with the
affidavit of the outfitter and guide that each such employee, agent or
party in interest possesses:
(A) A current certificate issued to the employee, agent or party in
interest:
(i) By the American Red Cross upon completion of its multimedia
course; or
(ii) Upon completion of any equivalent medical or American Red
Cross training course approved by the board.
(B) A valid United States Coast Guard vessel operator license if
operating a motorboat on navigable waters of the United States.
(d) A description of:
(A) The outfitting and guiding services, and any equipment,
supplies, livestock and materials provided by the outfitter and guide;
(B) The geographic area in which the outfitter and guide provides
the outfitting and guiding services, and any equipment, supplies,
livestock and materials; and
(C) The experience of the outfitter and guide in providing the
outfitting and guiding services, and equipment, supplies, livestock and
materials.
(e) Proof that the outfitter and guide has liability insurance
covering occurrences by the outfitter and guide, and the employees of the
outfitter and guide, which result in bodily injury or property damage.
Such insurance shall be not less than $300,000 combined single limit per
occurrence general liability coverage.
(f) Certification by the outfitter and guide that the outfitter and
guide will maintain the insurance required by paragraph (e) of this
subsection continuously in full force and effect for a period of not less
than one year from the date the certificate of registration described in
this section is issued by the board.
(g) The affidavit of the outfitter and guide stating that for a
period of not less than 24 months immediately prior to making the
registration application the outfitter and guide and each person who
provides or assists in directly providing outfitting and guiding services:
(A) Have not been convicted of:
(i) Any criminal offense or violation under this chapter or ORS
chapter 477, 496, 497, 498, 501, 506, 508, 509 or 511 or any rule adopted
pursuant thereto; or
(ii) Any violation of the wildlife laws which occurred while acting
as an outfitter and guide and which resulted in court-ordered revocation
of the hunting or fishing license of the outfitter and guide;
(B) Have not had an outfitting and guiding license, permit or
certificate revoked, suspended or canceled by another state or by an
agency of the government of the United States;
(C) Have not been denied the right to apply for an outfitting and
guiding license, permit or certificate by another state or by an agency
of the government of the United States; and
(D) Have not been convicted of guiding without registration as
required by this subsection.
(2) In addition to the requirements of subsection (1) of this
section, a person who acts or offers to act as an outfitter and guide
using boats that are under the direct operation of an outfitter and guide
or an employee of an outfitter and guide to carry passengers on the
waters of this state shall submit proof:
(a) That the outfitter and guide possesses a valid United States
Coast Guard vessel operator license if operating a motorboat on navigable
waters of the United States; and
(b) Of liability insurance.
(3)(a) A person who registers as an outfitter and guide and who
accepts deposits from clients in excess of $100 per person shall submit a
bond or other financial security in the amount of $5,000 to the board at
the time of registration. The bond or other financial security shall be
held by the board for the benefit of clients of the outfitter and guide
who pay a money deposit to the outfitter and guide in anticipation of
services to be received. The bond or other financial security amount
shall be released to such client or clients conditioned upon a failure of
the outfitter and guide to return the deposit following cancellation of
services or other failure to provide agreed upon services.
(b) The board shall release or retain all or any portion of a bond
or other financial security as described in paragraph (a) of this
subsection according to the provisions of ORS chapter 183.
(4) Each annual registration shall be accompanied by a fee as
follows:
(a) For resident persons, $50.
(b) For nonresident persons who reside in a state that requires
residents of the State of Oregon to pay a license fee, registration fee
or other fee or charge in excess of $50 to act as an outfitter and guide
in that state, the same fee or other charge as is charged the residents
of the State of Oregon to act as an outfitter and guide in the state
where the nonresident applicant resides. If the state in which such a
nonresident applicant resides makes distinctions in fees or charges based
on the type of outfitter and guide service performed and requires
residents of the State of Oregon to pay fees or charges accordingly, the
board shall make and apply those same distinctions and require the
nonresident applicants to pay the corresponding fees or charges.
(c) For nonresident persons other than those referred to in
paragraph (b) of this subsection, $50.
(5) Upon the submission to the board of the appropriate fees
prescribed in this section and the registration information required by
this section, the board shall issue to the applicant a certificate of
registration. The board shall also issue to each registrant proof of
compliance with the requirements of this section.
(6) A person who conducts sightseeing flights or other aircraft
operations is exempt from the provisions of this section unless the
activities conducted by the person are outdoor recreational activities as
defined in ORS 704.010.
(7) The board shall issue an identifying decal to outfitters and
guides registering under this section that may be displayed on vehicles,
pack equipment or other suitable locations where customers can see the
registration decal.
(8) A certificate of registration issued to an outfitter and guide
under this section expires on December 31 of each calendar year. [1983
c.655 §2; 1985 c.452 §1; 1987 c.400 §1; 1993 c.123 §1; 1993 c.256 §1;
1995 c.736 §1; 1995 c.759 §2; 1997 c.274 §44; 2005 c.438 §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. [2005 c.438 §5]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]
(1) Notwithstanding ORS 704.020, 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:
(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 the person to provide outfitting and guiding
services;
(c) The board determines that the licensing, permitting or
registration requirements of the State of Washington are comparable to
those of Oregon; and
(d) The State of Washington provides similar reciprocity for
holders of valid Oregon outfitter and guide registrations.
(2) The purpose of subsection (1) of this section is to avoid the
conflict, confusion and difficulty of an attempt to find the exact
locations of the state boundary in or on the waters of the Columbia River
while providing outfitting and guiding services.
(3) Notwithstanding ORS 704.020, the board may adopt rules that
exempt persons who provide outfitting and guiding services on the Snake
River from the registration and fee requirements in ORS 704.020 if:
(a) The person conducts outfitting and guiding services on the
waters of the Snake River where that river forms the boundary line
between the State of Oregon and the State of Idaho;
(b) The person possesses a valid Idaho license, permit or
registration that allows the person to provide outfitting and guiding
services;
(c) The board determines that the licensing, permitting or
registration requirements of the State of Idaho are comparable to those
of Oregon; and
(d) The State of Idaho provides similar reciprocity for holders of
valid Oregon outfitter and guide registrations.
(4) The purpose of subsection (3) of this section is to avoid the
conflict, confusion and difficulty of an attempt to find the exact
locations of the state boundary in or on the waters of the Snake River
while providing outfitting and guiding services. [1993 c.123 §§3,4; 1995
c.736 §2; 2005 c.115 §1]Note: The amendments to 704.025 by section 3, chapter 115, Oregon
Laws 2005, become operative January 2, 2008. See section 5, chapter 115,
Oregon Laws 2005. The text that is operative on and after January 2,
2008, is set forth for the user’s convenience.
704.025. (1) The fees required under ORS 704.020 do not apply to
outfitters and guides who provide outfitting and guiding services on the
Columbia River and who possess a valid license from the State of
Washington as required under this section. Reciprocity is provided for
outfitting and guiding services on the Columbia River. The right of
outfitters and guides to conduct 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 by the holder of
a valid Oregon outfitter and guide registration or a valid Washington
guide license in accordance with the outfitting and guiding laws of each
respective state is hereby recognized and made lawful.
(2) The purpose of subsection (1) of this section is to avoid the
conflict, confusion and difficulty of an attempt to find the exact
locations of the state boundary in or on the waters of the Columbia River
while providing outfitting and guiding services. Reciprocity under
subsection (1) of this section is contingent upon passage of comparable
legislation by the legislature of the State of Washington addressing the
establishment of minimum guide registration or licensing requirements in
the areas of first aid training and liability insurance coverage.
(3) The fees required under ORS 704.020 do not apply to outfitters
and guides who provide outfitting and guiding services on the Snake River
and who possess a valid license from the State of Idaho as required under
this section. Reciprocity is provided for outfitting and guiding services
on the Snake River. The right of outfitters and guides to conduct
outfitting and guiding services on the waters of the Snake River where
that river forms the boundary line between the State of Oregon and the
State of Idaho by the holder of a valid Oregon outfitter and guide
registration or a valid Idaho guide license in accordance with the
outfitting and guiding laws of each respective state is hereby recognized
and made lawful.
(4) The purpose of subsection (3) of this section is to avoid the
conflict, confusion and difficulty of an attempt to find the exact
locations of the state boundary in or on the waters of the Snake River
while providing outfitting and guiding services. Reciprocity under
subsection (3) of this section is contingent upon passage of comparable
legislation by the legislature of the State of Idaho addressing the
establishment of minimum guide registration or licensing requirements in
the areas of first aid training and liability insurance coverage.(1) No person shall make any false
statement of material fact submitted pursuant to ORS 704.020.
(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
navigable waters of the United States without a license, registration or
decal required by ORS 704.020 and 704.065. [1983 c.655 §5; 1993 c.256 §2;
1995 c.736 §3; 2005 c.438 §8](1) The State Marine Board shall accord opportunity for hearing
as provided in ORS chapter 183 when the board proposes to:
(a) Refuse to issue or renew an outfitter and guide registration;
(b) Revoke or suspend a registration; or
(c) Reprimand an outfitter and guide.
(2) Any person aggrieved by a decision of the board under this
chapter is entitled to judicial review of the decision in accordance with
the procedure for contested cases provided by ORS chapter 183. [1995
c.736 §6](1) The Legislative Assembly
finds that violation of fire prevention, wildlife, hunting, angling,
trapping or commercial fishing laws is directly related to the fitness
required for registration as an outfitter and guide.
(2) When any person is convicted of any violation of ORS 704.020 or
704.030 or any rule promulgated pursuant to ORS 704.500, the court having
jurisdiction of the offense may order the State Marine Board to revoke
the certificate of registration issued to that person pursuant to ORS
704.020.
(3) When a court orders revocation of a certificate of registration
pursuant to this section, the court shall take up the certificate of
registration and forward it with a copy of the revocation order to the
board. Upon receipt thereof, the board shall cause revocation of the
certificate of registration in accordance with the court order.
(4) A person who has had a certificate of registration revoked
pursuant to this section is ineligible to register under ORS 704.020 for
a period of 24 months from the date the court ordered the revocation.
(5) The board may reprimand an outfitter and guide or suspend,
revoke or deny for a period of up to 24 months the registration of an
outfitter and guide for any of the following:
(a) Any serious or repeated violation of this chapter or ORS
chapter 477, 496, 497, 498, 501, 506, 508, 509 or 511 or any rule adopted
pursuant thereto.
(b) Any serious or repeated violation of the fish and wildlife laws
or regulations of the federal government or of another state for
committing or omitting acts that, if committed or omitted in this state,
would be a violation of ethical or professional standards established
pursuant to this chapter. A certified copy of the record of suspension or
revocation of the state making such suspension or revocation is
conclusive evidence thereof.
(c) Having an outfitter and guide registration, license, permit or
certificate suspended, revoked, canceled or denied by another state or by
an agency of the United States for committing or omitting acts that, if
committed or omitted in this state, would be a violation of ethical or
professional standards established pursuant to this chapter. A certified
copy of the record of suspension or revocation of the state making such
suspension or revocation is conclusive evidence thereof.
(d) Having a United States Coast Guard vessel operator license
revoked, suspended or canceled by the United States Coast Guard for
committing or omitting acts that if committed or omitted in this state
would be a violation of standards established pursuant to this chapter. A
certified copy of the record of revocation, suspension or cancellation
from the United States Coast Guard is conclusive evidence thereof.
(e) Engaging in fraudulent, untruthful or seriously misleading
advertising in the conduct of the outfitting and guiding services.
(6) The board shall adopt rules to implement subsection (5) of this
section, including rules that describe conduct that is a serious or
repeated violation of a law, rule or regulation. [1983 c.655 §7; 1989
c.586 §1; 1995 c.736 §4; 1997 c.274 §45; 1999 c.1051 §277; 2005 c.22 §483]For the purposes of this section,
“fishing derby” or “derby” means a multiday, multistate angling event
held in Oregon as a fund-raiser.
(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 board may, by permit, exempt a registered fishing derby
from the outfitter and guide registration requirements under ORS 704.020
upon application to the board by the organizer of the derby. The board
may place conditions on the exemption, including but not limited to the
identification of outfitters and guides who are registered or licensed in
a state other than Oregon, the display of guide boat numbers and the
display of derby credentials by participants.
(4) A violation of any provision of this section shall result in
the revocation of the exemption described in subsection (3) of this
section and the denial of a future exemption for one year from the date
of violation. [2001 c.183 §2](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.
(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
proof of insurance required by ORS 704.020 is filed with the board prior
to the effective date of the proposed insurance coverage termination.
(3) The board may suspend the certificate of registration issued to
an outfitter and guide if the outfitter and guide fails to maintain in
full force and effect the insurance required by ORS 704.020. A
certificate of registration that has been suspended pursuant to this
section may not be reinstated until proof of insurance required by ORS
704.020 has been filed with the board. [1983 c.655 §8](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.
(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 participate in the permit allocation referred to in ORS 496.151.
[1997 c.342 §5; 1999 c.281 §1] (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.
(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]
(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:
(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; and
(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.
(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]ADMINISTRATION
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