Every boat or vessel used
in navigating the water of this state or constructed in this state is
liable and subject to a lien:
(1) For wages due to persons employed, for work done or services
rendered on board such boat or vessel.
(2) For all debts due to persons by virtue of a contract, expressed
or implied, with the owners of a boat or vessel, or with the agents,
contractors or subcontractors of such owner, or with any person having
them employed to construct, repair or launch such boat or vessel, on
account of:
(a) Labor done or materials furnished by mechanics, tradesmen or
others in the building, repairing, fitting and furnishing or equipping of
such boat or vessel;
(b) Stores and supplies furnished for the use thereof;
(c) Premiums for insurance placed on or with respect to such boat
or vessel; or
(d) Launchways constructed for the launching of such boat or vessel.
(3) For all sums for wharfage, anchorage or towage of such boat or
vessel within this state.
(4) For all demands or damages accruing from the nonperformance or
malperformance of any contract of affreightment, or of any contract
touching the transportation of persons or property, entered into by the
master, owner, agent or consignee of the boat or vessel on which such
contract is to be performed, and for damages or injuries done to persons
or property, by such boat or vessel, and for damages or injuries by such
boat or vessel resulting in the death of any person. [Amended by 1981
c.548 §1; 2005 c.22 §511] (1) The classes of claims specified in ORS
783.010 shall have priority according to the order in which they are
enumerated.
(2) The liens under ORS 783.010 shall have precedence over all
other liens and claims against such boat or vessel, except the following
liens, claims and security interests, whether or not the following liens,
claims or security interests have arisen or been perfected before or
after liens under ORS 783.010:
(a) Liens and claims arising under those portions of the Ship
Mortgage Act, 1920, that appear in sections 921 to 954 and 971 to 975 of
title 46 of the United States Code.
(b) Security interests perfected under ORS chapter 79.
(c) Security interests on certificates of title perfected under ORS
chapter 830. [Amended by 1981 c.548 §2] Any
person having a demand as mentioned in ORS 783.010, instead of proceeding
for recovery thereof against the master, owner, agent or consignee of the
boat or vessel, may at the person’s option commence an action against
such boat or vessel by name. Any person wishing to
commence an action against a boat or vessel shall file the complaint
against such boat or vessel by name with the clerk of the circuit court
of the county in which the boat or vessel may lie or be. The complaint
shall set forth the plaintiff’s demand in all its particulars, and on
whose account the same accrued, and shall be verified by the plaintiff or
some credible person for the plaintiff. Whenever
the complaint is filed, the clerk shall issue a warrant thereon,
commanding the sheriff to seize the boat or vessel mentioned in the
complaint, with the tackle, apparel and furniture of the boat or vessel
and retain the same until discharged from such custody by due course of
law. Upon the return of any
warrant issued as prescribed in ORS 783.050, proceeding shall be had in
the circuit court against the boat or vessel seized, in the same manner
as if the action had been commenced against the person on whose account
the demand accrued.
The master, owner, agent or consignee of the boat or vessel may appear on
behalf of the boat or vessel and answer the complaint. If in
any action commenced under ORS 783.030 and 783.040 the master, owner,
agent or consignee does not appear and answer the complaint, the
plaintiff may proceed to take judgment in the same manner and under the
same restrictions as in a civil action against a natural person. If an
issue of fact is joined, the same proceeding shall be had as in other
actions. If
the master, owner, agent or consignee, before final judgment in any
action commenced in pursuance of ORS 783.030 and 783.040, enters into an
undertaking in favor of the plaintiff, with sufficient security, to be
approved by the judge or clerk of the court in which the action is
pending, conditioned to satisfy the amount which is adjudged due and
owing to the plaintiff on determination of the action, together with all
costs accruing, such boat or vessel, with its tackle, apparel and
furniture, shall be discharged from further detention by the sheriff. If judgment is
for the defendant, any deposit in lieu of an undertaking shall be
returned to the person making the same; or if a balance remains after
satisfying any judgment in favor of the plaintiff and costs of suit, the
balance shall be so returned. If judgment is rendered against
any boat or vessel in favor of the plaintiff, the court shall make an
order directed to the sheriff, commanding the sheriff to sell the boat or
vessel, together with its tackle, apparel and furniture, to satisfy the
judgment and costs which may have accrued in the cause, which order shall
be executed and returned in the same manner as other executions. If an
undertaking with surety was given according to ORS 783.090 and judgment
rendered in favor of the plaintiff, a judgment shall also be rendered
upon the undertaking, and execution issued for the amount of judgment and
costs in favor of the plaintiff, against the principal and security in
such undertaking.
When any boat or vessel is sold in pursuance of ORS 783.110 to 783.160,
the officer making the sale shall execute to the purchaser a bill of sale
therefor, and such boat or vessel shall, in the hands of the purchaser
and the purchaser’s assigns, be free and discharged from all previous
liens and claims under this title. Any other person having or
claiming a lien against any boat or vessel in pursuance of ORS 783.010
may, at any time after the sale upon execution and before payment over of
any surplus in the hands of the sheriff, commence an action against such
boat by name, as if the same had not been sold, and serve notice thereof
upon the former master, owner, agent or consignee. While such action is
pending, the sheriff shall not pay over any surplus that may be in the
sheriff’s hands to such master, owner, agent or consignee. In the distribution of
the proceeds of sale, claims of a prior class shall be paid entire before
any payment shall be made upon claims of a subsequent class. When the
money to be applied to any class is insufficient to pay all the claims of
that class, it shall be apportioned ratably among the claims of that
class.If it appears to the court in which the action is pending, or the
judge thereof, that the liens against the boat or vessel can be satisfied
by a sale of the tackle, apparel and furniture, or a part thereof, or a
fractional share in such boat or vessel, the court or judge may modify
the order of sale accordingly. If in pursuance of such order a sale is
made of a fractional share in such boat or vessel, the purchaser shall
hold such share jointly with the other owners. All actions against a boat or vessel
under ORS 783.010 to 783.160 shall be commenced within one year after the
cause of action has accrued.NAVIGATIONAL WRONGS AND REMEDIESIf any person in control of
any watercraft conducts or navigates the watercraft intentionally or
negligently so as to destroy or injure the property of another, the
person and the person’s employer each shall be liable in damages for the
property so injured or destroyed, and the damages shall be a lien on the
watercraft. [Amended by 2005 c.22 §512]The owner or owners of any boat or vessel which, when
navigating the waters of this state or when within the waters of this
state, has, through the negligence or misconduct of the owner, agent,
master, pilot or employees thereon, caused injury to persons or property
upon shore or upon wharves, warehouses, bridges or other structures
affixed or contiguous to such shore, wharves, warehouses, bridges or
other structures, shall be liable for all damages resulting to such
person or to the owners of such property by reason thereof. The persons
so injured may recover the same in an action at law in the circuit court
of any county within which the boat or vessel may be found. The
person so injured may at the time of filing the complaint, or at any time
subsequent thereto, cause an attachment to issue against the vessel. The
clerk of the circuit court shall issue a writ of attachment directing the
sheriff of the county to levy upon, seize and take the vessel; but such
attachment shall only issue upon the filing by the plaintiff of a written
motion for such attachment, together with an undertaking in a sum equal
in amount to the sum demanded in the complaint. The undertaking shall be
executed by one or more sureties, and shall be so conditioned that the
signers thereof shall be liable in the sum named therein to the owners of
the vessel if the attachment is wrongful or without sufficient cause. The
sureties shall in the aggregate justify in double the amount of the
undertaking. The sheriff shall redeliver
the vessel attached to the owner or master thereof upon the owner or
master delivering to the sheriff an undertaking, with one or more
sufficient sureties approved by the judge of the court, or in case of the
judge’s absence by the sheriff, which undertaking shall be so conditioned
that the obligors therein shall pay to the plaintiff the judgment
rendered in the cause. The sureties thereon shall in the aggregate
justify in double the amount of the undertaking. If the
owner of the vessel is nonresident of and not within Oregon, service of
the summons and complaint shall be made upon the master or person in
charge of the vessel, with the same force and effect as though made by
publication. In such event the owner shall be required to appear and
answer to the complaint within the same time as though the owner were
served personally. In such event no personal judgment against the owner
shall be rendered in the action, but only an order of sale of the
property attached, or, in event of such property being released upon
undertaking, then judgment shall be rendered against the obligors
thereon. In the event of the vessel belonging to nonresidents, defects in
the names of parties defendant shall not in any respect affect the
validity of the proceedings or of any judgment rendered therein. The attachment provided for in ORS
783.330 shall have priority over any mortgage upon the vessel and over
any liens thereon not of a maritime nature.OFFENSES No person
shall entice, persuade or by any means attempt to persuade, any seaman to
desert from, or without permission of the officer then in command thereof
to leave or depart therefrom, either temporarily or otherwise, any ship
or steamer or other vessel while such ship, steamer or other vessel is
within the waters under the jurisdiction of this state or within the
waters of the concurrent jurisdiction of this state and Washington. No person shall
knowingly and with manifest intention to deprive the owner or master of
any ship or vessel of the services of any seaman, harbor or secrete, or
by any means aid in harboring or secreting with the intention aforesaid,
any seaman mentioned in ORS 783.510.No person shall demand or receive, either directly or
indirectly, from any seaman or apprentice, or from any person seeking
employment as a seaman or apprentice, or from any person on behalf of the
seaman or apprentice, any remuneration whatever for providing the seaman
or apprentice with employment on board any seagoing vessel. No person not
acting in an official capacity shall board or attempt to board any ship
or other vessel on the Willamette or Columbia River, not engaged in the
carrying of passengers for hire, without the consent first obtained of
the captain, master or other officer in command thereof at the time. No
officer or seaman of a seagoing vessel or ship shall be arrested or
imprisoned for debt. No officer shall execute a process of arrest for
debt upon such officer or seaman. The mayor and
common council of the cities of Portland and Astoria, severally shall
appoint or designate a person or officer to see that ORS 783.510 to
783.560 are not violated and that the provisions thereof are enforced.
Such person or officer shall have all the authority and powers of a peace
officer, and may make arrests for violation of ORS 783.510 to 783.560.
The person or officer shall perform such other duties as to the
enforcement of those sections as may be enjoined upon the person or
officer by the respective common council and shall receive such
compensation for services as the common council may by ordinance provide.Any tugboat towing for hire in any of the waters of this state
is a common carrier for the business of towing vessels. No master or
owner of any such tug shall refuse to tow any vessel of the class usually
towed by such a tug, or shall discriminate either in the charges for
towing or in time; but they shall tow all such vessels in the order in
which they may be announced ready; provided, that towing in or out of a
bar harbor may take precedence over towing inside of such harbor.Any person or corporation operating any steamboat or other
watercraft upon the Willamette River above the City of Portland, shall so
construct the smokestacks upon such steamboat or other watercraft with
hinges so arranged that the smokestacks thereon can be lowered to a level
with the pilot house upon such steamboat or other watercraft when
necessary to pass under any bridge at any time constructed across the
Willamette River.(1) No person shall moor any vessel of any kind or any name, or
any boat, skiff, barge, scow, raft, or part of a raft, to any buoy or
beacon placed in the navigable waters of this state, or in any bay, river
or arm of the sea bordering upon this state, by the authority of the
United States Coast Guard or shall in any manner hang on with any vessel,
boat, barge, scow, raft, or part of a raft, to any such buoy or beacon,
or shall willfully remove, damage or destroy any such buoy or beacon, or
shall cut down, remove, damage or destroy any beacon or beacons erected
on land in this state by authority of the United States Coast Guard.
(2) All fines for violation of this section shall be paid into the
county school fund of the county in which the action is tried. [Amended
by 1965 c.539 §5]BALLAST WATER Except as
provided in ORS 783.635, a person may not discharge the ballast of any
vessel into the navigable portions or channels of any of the bays,
harbors or rivers of this state, or within the jurisdiction of this
state, so as to injuriously affect such portions or channels of such
bays, harbors or rivers, or to obstruct navigation thereof. [Formerly
783.600] As used in ORS
783.625 to 783.640, unless the context requires otherwise:
(1) “Ballast water” means any water used to manipulate the trim and
stability of a vessel.
(2) “Cargo vessel” means a self-propelled ship in commerce, other
than a tank vessel or a vessel used solely for commercial fish
harvesting, of 300 gross tons or more.
(3) “Coastal exchange” means exchanging the ballast water taken
onboard at a North American coastal port at a distance of at least 50
nautical miles from land and at a depth of at least 200 meters.
(4) “Department” means the Department of Environmental Quality.
(5) “Oil” means oil, gasoline, crude oil, fuel oil, diesel oil,
lubricating oil, oil sludge, oil refuse and any other petroleum related
product.
(6) “Open sea exchange” means a replacement of ballast water that
occurs in an area no less than 200 nautical miles from any shore.
(7) “Passenger vessel” means a ship of 300 gross tons or more
carrying passengers for compensation.
(8) “Sediment” means any matter that settles out of ballast water.
(9) “Ship” means any boat, ship, vessel, barge or other floating
craft of any kind.
(10) “Tank vessel” means a ship that is constructed or adapted to
carry oil in bulk as cargo or cargo residue other than:
(a) A vessel carrying oil in drums, barrels or other packages;
(b) A vessel carrying oil as fuel or stores for that vessel; or
(c) An oil spill response barge or vessel.
(11) “Vessel” means a tank vessel, cargo vessel or passenger vessel.
(12) “Voyage” means any transit by a vessel destined for any Oregon
port.
(13) “Waters of this state” means natural waterways including all
tidal and nontidal bays, intermittent streams, constantly flowing
streams, lakes, wetlands and other bodies of water in this state,
navigable and nonnavigable, including that portion of the Pacific Ocean
that is in the boundaries of Oregon. [2001 c.722 §1; 2003 c.692 §1; 2005
c.62 §2](1) ORS 783.625 to 783.640 apply
to all vessels carrying ballast water into the waters of this state from
a voyage, except a vessel that:
(a) Discharges ballast water only at the location where the ballast
water originated, if the ballast water is not mixed with ballast water
from areas other than open sea waters;
(b) Does not discharge ballast water in waters of this state;
(c) Traverses only the internal waters of this state;
(d) Traverses only the territorial sea of the United States and
does not enter or depart an Oregon port or navigate the waters of this
state;
(e) Discharges ballast water that originated solely from waters
located between the parallel 40 degrees north latitude and the parallel
50 degrees north latitude on the west coast of North America; or
(f) Discharges ballast water that has been treated to remove
organisms in a manner that is approved by the United States Coast Guard.
(2) ORS 783.625 to 783.640 do not authorize the discharge of oil or
noxious liquid substances in a manner prohibited by state, federal or
international laws or regulations. Ballast water containing oil or
noxious liquid substances shall be discharged in accordance with the
requirements applicable to those substances.
(3) Nothing in this section:
(a) Requires an open sea or coastal exchange if the owner or
operator in charge of a vessel determines that performing an open sea or
coastal exchange would threaten the safety or stability of the vessel or
the safety of the vessel’s crew or passengers because of any
extraordinary condition, including but not limited to adverse weather,
vessel design limitations or equipment failure.
(b) Exempts the owner or operator in charge of a vessel from the
reporting requirements under ORS 783.640, whether or not ballast water is
carried or discharged in the waters of this state. [2001 c.722 §2; 2003
c.692 §2; 2005 c.62 §5] (1)
Except as authorized by this section, the discharge of ballast water in
the waters of this state is prohibited.
(2) An owner or operator of a vessel may discharge ballast water in
the waters of this state:
(a) If the owner or operator has conducted a complete open sea or
coastal exchange of ballast water prior to entering the waters of this
state. The open sea or coastal exchange must be performed using either of
the following methods:
(A) Flow-through exchange. A flow-through exchange occurs when an
amount of ocean water equal to or exceeding three times the capacity of
the vessel’s ballast water tank is pumped into an opening in the ballast
water tank while the existing ballast water is discharged through another
opening.
(B) An empty and refill exchange. An empty and refill exchange
occurs when a ballast water tank is pumped empty to the point that the
pump loses suction and then is refilled with ocean water.
(b) Without performing an open sea exchange or a coastal exchange
of ballast water if:
(A)(i) The owner or operator reasonably believes that an exchange
would threaten the safety of the vessel; or
(ii) The exchange is not feasible due to vessel design limitations
or equipment failure; and
(B) The vessel discharges only the amount of ballast water that is
operationally necessary.
(3) An owner or operator who discharges ballast water in the waters
of this state under subsection (2)(b) of this section is subject to the
reporting requirements under ORS 783.640. [2001 c.722 §3; 2005 c.62 §3] (1) Owners or
operators of vessels regulated under ORS 783.625 to 783.640 must report
ballast water management information to the Department of Environmental
Quality:
(a) For voyages greater than 24 hours in length, at least 24 hours
prior to entering the waters of this state; or
(b) For voyages less than 24 hours in length, prior to departing
the port or place of departure.
(2) The department may work with maritime associations and any
national ballast information clearinghouse to establish the manner and
form of the reporting required under this section.
(3) The department may verify compliance with ORS 783.625 to
783.640 by relying on tests conducted by the United States Coast Guard or
on other tests determined to be appropriate by the department. [2001
c.722 §4; 2005 c.62 §4]Note: Sections 1 and 7, chapter 62, Oregon Laws 2005, provide:
Sec. 1. Task Force on Ballast Water Management. (1)(a) There is
created the Task Force on Ballast Water Management.
(b) The President of the Senate and the Speaker of the House of
Representatives shall appoint two members from among members of the
Legislative Assembly to serve in an advisory capacity to the task force.
(c) The Director of the Department of Environmental Quality may
appoint members to the task force who represent federal, state, State of
Washington, maritime, environmental and academic interests.
(2) The purpose of the task force is to study and make
recommendations on changes to the ballast water program established in
ORS 783.625 to 783.640, including but not limited to the following
considerations:
(a) Shipping industry compliance with ORS 783.625 to 783.640;
(b) Practical and cost-effective ballast water treatment
technologies;
(c) Appropriate standards for discharge of treated ballast water in
waters of this state;
(d) The degree to which open sea exchange and coastal exchange of
ballast water decreases the risk of transporting aquatic nonindigenous
species into the waters of Oregon;
(e) The compatibility of ORS 783.625 to 783.640 with new laws
enacted by the United States Congress, regulations promulgated by the
United States Coast Guard and ballast water management programs
established by the States of Alaska, California and Washington and the
Province of British Columbia;
(f) Research requirements for ballast water treatment technology
and other areas of concern related to the possible introduction of
aquatic nonindigenous species;
(g) Amendments to the National Invasive Species Act of 1996 (P.L.
104-332) for a single national system of regulation; and
(h) The degree to which ballast water management is consistent with
and made a part of efforts to eradicate invasive species throughout
Oregon.
(3) Portland State University may provide staff support or
coordination assistance to the task force, subject to available funding
from gifts, grants or donations.
(4) All agencies of state government, as defined in ORS 174.111,
are directed to assist the task force in the performance of its duties
and, to the extent permitted by laws relating to confidentiality, to
furnish such information and advice as the members of the task force
consider necessary to perform their duties.
(5) A majority of the members of the task force constitutes a
quorum for the transaction of business.
(6) Official action by the task force requires the approval of a
majority of the members of the task force.
(7) The task force shall elect one of its members to serve as
chairperson.
(8) The task force shall submit a report, including recommendations
for legislation, to an interim committee related to natural resources no
later than October 1, 2006.
(9) Notwithstanding ORS 172.072, members of the task force who are
members of the Legislative Assembly are not entitled to mileage expenses
or a per diem and serve as volunteers on the task force. Other members of
the task force are not entitled to compensation or reimbursement for
expenses and serve as volunteers on the task force.
(10) As used in this section, “aquatic nonindigenous species” means
any species or other viable biological material that enters an ecosystem
beyond its historic range. [2005 c.62 §1]
Sec. 7. Section 1 of this 2005 Act is repealed on the date of the
. [2005 c.62 §7]PENALTIES(1) Violation of ORS 783.510 is punishable, upon
conviction, in a justice or circuit court, by a fine of not less than $50
nor more than $200, or by imprisonment in the county jail for not less
than one nor more than six months, or both.
(2) Violation of ORS 783.520 is punishable, upon conviction, in a
justice or circuit court, by a fine of not less than $50 nor more than
$250, or by imprisonment in the county jail for not less than 60 days nor
more than six months.
(3) Violation of ORS 783.530 is punishable, upon conviction, in a
justice or circuit court, by a fine of not less than $20 nor more than
$200, or by imprisonment in the county jail for not less than 10 nor more
than 100 days.
(4) Violation of ORS 783.550 is punishable, upon conviction, in a
justice or circuit court, by a fine of not less than $20 nor more than
$100 or by imprisonment in the county jail for not less than 10 nor more
than 100 days, or both.
(5) Violation of ORS 783.560 by any officer is a Class D violation.
(6) Violation of ORS 783.580 is punishable, upon conviction, by a
fine of not less than $100 nor more than $250, and by imprisonment in the
county jail not less than 10 nor more than 25 days. Justices of the peace
have jurisdiction of violations of ORS 783.580.
(7) Violation of ORS 783.590 and injury or damage of any bridge
across the Willamette River for want of the appliances described in ORS
783.590 is a Class A violation.
(8) Violation of ORS 783.620 is punishable, upon conviction, by a
fine of not less than $100 nor more than $500, or by imprisonment in the
county jail for not less than three months nor more than one year.
(9) Violation of ORS 783.610 is punishable, upon conviction, by a
fine of not less than $100 nor more than $200, or by imprisonment in the
county jail not less than one nor more than six months, or both. [Amended
by 1953 c.113 §2; 1997 c.249 §224; 1999 c.1051 §227] (1) Except as provided in subsection (2)
of this section, the Director of the Department of Environmental Quality
may impose a civil penalty on the owner or operator of a vessel for
failure to comply with the requirements of ORS 783.625 to 783.640. The
penalty imposed under this section may not exceed $5,000 for each
violation. In determining the penalty imposed, the director shall
consider whether the violation was intentional, negligent or without any
fault and shall consider the quality and nature of risks created by the
violation. The owner or operator of a vessel subject to such a penalty
may contest the determination by requesting a hearing under ORS 183.413
to 183.470.
(2) The civil penalty for a violation of the reporting requirements
of ORS 783.640 may not exceed $500 per violation. [2001 c.722 §7; 2005
c.62 §6]CHAPTERS 784 TO 800
[Reserved for expansion]
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