ORS Chapter 704
Chapter 704 -Outfitters and Guides
2009 EDITION
OUTFITTERSAND GUIDES
OCCUPATIONSAND PROFESSIONS
GENERALPROVISIONS
704.010 Definitions
704.020 Registrationrequirement; liability insurance; bond or financial security; fees; decal;rules
704.021 Proofof compliance with registration requirements
704.023 Requirementsfor outfitter and guide serving outdoor youth program
704.025 Reciprocityfor certain licensees of other states; rules
704.030 Falsestatements in registration application; special requirements for use of boat
704.035 Opportunityfor hearing; judicial review of decision
704.040 Revocationof registration; restriction on registration application after revocation;reprimands
704.045 Registrationof fishing derby with board; exemption from outfitter and guide registration;fee
704.050 Cancellationof liability insurance; notice to board; suspension of registration
704.060 Certificationprocess for participation in allocation of certain deer and elk permits; fee
704.065 Decalto be affixed to boat
704.070 Requirementsfor safety equipment, experience and training
ADMINISTRATION
704.500 Rules
704.510 Outfittersand Guides Account
704.520 Boardto submit list of registrants to tourism promotion agency
704.525 Advisorycommittee; membership; duties
PENALTIES
704.900 Civilpenalties; procedure; rules
704.990 Criminalpenalties
GENERALPROVISIONS
704.010Definitions.As used in this chapter:
(1)"Board" means the State Marine Board.
(2)"Employee" means an individual who, in exchange for compensation or otherpecuniary gain, provides outfitting and guiding services exclusively under thedirection, supervision and control of an outfitter and guide or an ocean guide.
(3)"Ocean guide" means any individual who carries passengers for hirefor outdoor recreational activities only on the waters of the Pacific Oceanover which the State of Oregon has jurisdiction and who possesses therefor avalid 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 canoetrips. The duration of any outdoor recreational activities may be for a fewhours 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 pecuniarygain:
(i)Outfitting and guiding services in Oregon; or
(ii)Outfitting and guiding services and either equipment, supplies, livestock ormaterials for use in Oregon; or
(B)Who holds one or more federal permits for commercial outfitting and guidingservices 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, providesoutfitting and guiding services for the conduct of outdoor recreationalactivities 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 inthe conduct of outdoor recreational activities. The rental of equipment alonedoes not constitute outfitting and guiding services.
(7)Outfitting and guiding services are not offered or provided for compensation orpecuniary 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 asharing by trip participants of the costs or expenses for the trip. [1983 c.655§1; 1995 c.736 §7]
704.020Registration requirement; liability insurance; bond or financial security;fees; decal; rules.(1) Any person who acts, or who offers to act, as an outfitter and guide mustfirst register with the State Marine Board. Each registration shall besubmitted annually on a form provided by the board and shall include thefollowing information:
(a)The name, residence address, and residence telephone number of the personproviding outfitting and guiding services, and all business names, addressesand telephone numbers under which outfitting and guiding services are provided.
(b)If the outfitting and guiding services are to be performed in the business nameof an individual, proof of possession of a current certificate issued to theindividual:
(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 courseapproved by the board.
(c)If the outfitting and guiding services are to be performed in the business nameof a person other than an individual, the outfitter and guide must provide thenames of all employees, agents and parties in interest who physically provide,or who directly assist in physically providing, outfitting and guiding servicesin Oregon, together with the affidavit of the outfitter and guide that eachsuch 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 courseapproved by the board.
(B)A valid United States Coast Guard vessel operator license if operating amotorboat on navigable waters of the United States.
(d)A description of:
(A)The outfitting and guiding services, and any equipment, supplies, livestock andmaterials provided by the outfitter and guide;
(B)The geographic area in which the outfitter and guide provides the outfittingand guiding services, and any equipment, supplies, livestock and materials; and
(C)The experience of the outfitter and guide in providing the outfitting andguiding services, and equipment, supplies, livestock and materials.
(e)Proof that the outfitter and guide has liability insurance covering occurrencesby the outfitter and guide, and the employees of the outfitter and guide, whichresult in bodily injury or property damage. Such insurance shall be not lessthan $300,000 combined single limit per occurrence general liability coverage.
(f)Certification by the outfitter and guide that the outfitter and guide willmaintain the insurance required by paragraph (e) of this subsectioncontinuously in full force and effect for a period of not less than one yearfrom the date the certificate of registration described in this section isissued by the board.
(g)The affidavit of the outfitter and guide stating that for a period of not lessthan 24 months immediately prior to making the registration application theoutfitter and guide and each person who provides or assists in directlyproviding 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 outfitterand guide and which resulted in court-ordered revocation of the hunting orfishing 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 theUnited 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 theUnited States; and
(D)Have not been convicted of guiding without registration as required by thissubsection.
(2)In addition to the requirements of subsection (1) of this section, a person whoacts or offers to act as an outfitter and guide using boats that are under thedirect operation of an outfitter and guide or an employee of an outfitter andguide 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 vesseloperator license if operating a motorboat on navigable waters of the UnitedStates; and
(b)Of liability insurance.
(3)(a)A person who registers as an outfitter and guide and who accepts deposits fromclients in excess of $100 per person shall submit a bond or other financialsecurity in the amount of $5,000 to the board at the time of registration. Thebond or other financial security shall be held by the board for the benefit ofclients of the outfitter and guide who pay a money deposit to the outfitter andguide in anticipation of services to be received. The bond or other financialsecurity amount shall be released to such client or clients conditioned upon afailure of the outfitter and guide to return the deposit following cancellationof services or other failure to provide agreed upon services.
(b)The board shall release or retain all or any portion of a bond or otherfinancial security as described in paragraph (a) of this subsection accordingto 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 theState of Oregon to pay a license fee, registration fee or other fee or chargein excess of $50 to act as an outfitter and guide in that state, the same feeor other charge as is charged the residents of the State of Oregon to act as anoutfitter and guide in the state where the nonresident applicant resides. Ifthe state in which such a nonresident applicant resides makes distinctions infees or charges based on the type of outfitter and guide service performed andrequires residents of the State of Oregon to pay fees or charges accordingly,the board shall make and apply those same distinctions and require thenonresident applicants to pay the corresponding fees or charges.
(c)For nonresident persons other than those referred to in paragraph (b) of thissubsection, $50.
(5)Upon the submission to the board of the appropriate fees prescribed in thissection and the registration information required by this section, the boardshall issue to the applicant a certificate of registration. The board shallalso issue to each registrant proof of compliance with the requirements of thissection.
(6)A person who conducts sightseeing flights or other aircraft operations isexempt from the provisions of this section unless the activities conducted bythe person are outdoor recreational activities as defined in ORS 704.010.
(7)The board shall issue an identifying decal to outfitters and guides registeringunder this section that may be displayed on vehicles, pack equipment or othersuitable locations where customers can see the registration decal.
(8)A certificate of registration issued to an outfitter and guide under thissection expires on December 31 of each calendar year or on such date as may bespecified by board rule. [1983 c.655 §2; 1985 c.452 §1; 1987 c.400 §1; 1993c.123 §1; 1993 c.256 §1; 1995 c.736 §1; 1995 c.759 §2; 1997 c.274 §44; 2005c.438 §1; 2007 c.768 §55]
704.021Proof of compliance with registration requirements. An outfitterand guide who registers pursuant to ORS 704.020 shall, while the outfitter andguide is engaged in providing outfitting and guide services, hold proof ofcompliance with the requirements of ORS 704.020 and allow the examination ofthat proof of compliance by any person authorized to enforce this chapter.[2005 c.438 §5]
704.023Requirements for outfitter and guide serving outdoor youth program. In addition tomeeting the requirements in ORS 704.020, any person who provides outfitting andguiding services for outdoor youth programs, as defined in ORS 418.205, shallfurnish proof of a current child-caring agency license for outdoor youthprograms from the Department of Human Services prior to being registered as anoutfitter and guide. [2001 c.809 §10]
704.025Reciprocity for certain licensees of other states; rules. (1) The StateMarine Board may adopt rules that exempt persons who provide outfitting andguiding services on the Columbia River from the registration and feerequirements in ORS 704.020 if:
(a)The person conducts outfitting and guiding services on the waters of theColumbia River where that river forms the boundary line between the State ofOregon and the State of Washington;
(b)The person possesses a valid Washington license, permit or registration thatallows the person to provide outfitting and guiding services;
(c)The board determines that the licensing, permitting or registrationrequirements of the State of Washington are comparable to those of Oregon; and
(d)The State of Washington provides similar reciprocity for holders of validOregon 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 stateboundary in or on the waters of the Columbia River while providing outfittingand guiding services.
(3)The board may adopt rules that exempt persons who provide outfitting andguiding services on the Snake River from the registration and fee requirementsin ORS 704.020 if:
(a)The person conducts outfitting and guiding services on the waters of the SnakeRiver where that river forms the boundary line between the State of Oregon andthe State of Idaho;
(b)The person possesses a valid Idaho license, permit or registration that allowsthe person to provide outfitting and guiding services;
(c)The board determines that the licensing, permitting or registrationrequirements of the State of Idaho are comparable to those of Oregon; and
(d)The State of Idaho provides similar reciprocity for holders of valid Oregonoutfitter 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 stateboundary in or on the waters of the Snake River while providing outfitting andguiding services. [1993 c.123 §§3,4; 1995 c.736 §2; 2005 c.115 §§1,3; 2007c.148 §1]
704.030False statements in registration application; special requirements for use ofboat.(1) No person shall make any false statement of material fact submittedpursuant to ORS 704.020.
(2)No outfitter and guide who uses a boat to carry passengers on the waters ofthis state shall carry passengers in excess of the passenger capacity for whichinsurance is obtained pursuant to ORS 704.020.
(3)No outfitter and guide shall use a boat to carry passengers on navigable watersof the United States without a license, registration or decal required by ORS704.020 and 704.065. [1983 c.655 §5; 1993 c.256 §2; 1995 c.736 §3; 2005 c.438§8]
704.035Opportunity for hearing; judicial review of decision. (1) The StateMarine Board shall accord opportunity for hearing as provided in ORS chapter183 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 entitledto judicial review of the decision in accordance with the procedure forcontested cases provided by ORS chapter 183. [1995 c.736 §6]
704.040Revocation of registration; restriction on registration application afterrevocation; reprimands. (1) The Legislative Assembly finds that violationof fire prevention, wildlife, hunting, angling, trapping or commercial fishinglaws is directly related to the fitness required for registration as anoutfitter and guide.
(2)When any person is convicted of any violation of ORS 704.020 or 704.030 or anyrule promulgated pursuant to ORS 704.500, the court having jurisdiction of theoffense may order the State Marine Board to revoke the certificate ofregistration issued to that person pursuant to ORS 704.020.
(3)When a court orders revocation of a certificate of registration pursuant tothis section, the court shall take up the certificate of registration andforward it with a copy of the revocation order to the board. Upon receiptthereof, the board shall cause revocation of the certificate of registration inaccordance with the court order.
(4)A person who has had a certificate of registration revoked pursuant to thissection is ineligible to register under ORS 704.020 for a period of 24 monthsfrom the date the court ordered the revocation.
(5)The board may reprimand an outfitter and guide or suspend, revoke or deny for aperiod of up to 24 months the registration of an outfitter and guide for any ofthe 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 regulationsof the federal government or of another state for committing or omitting actsthat, if committed or omitted in this state, would be a violation of ethical orprofessional standards established pursuant to this chapter. A certified copyof the record of suspension or revocation of the state making such suspensionor revocation is conclusive evidence thereof.
(c)Having an outfitter and guide registration, license, permit or certificatesuspended, revoked, canceled or denied by another state or by an agency of theUnited States for committing or omitting acts that, if committed or omitted inthis state, would be a violation of ethical or professional standardsestablished pursuant to this chapter. A certified copy of the record ofsuspension or revocation of the state making such suspension or revocation isconclusive evidence thereof.
(d)Having a United States Coast Guard vessel operator license revoked, suspendedor canceled by the United States Coast Guard for committing or omitting actsthat if committed or omitted in this state would be a violation of standardsestablished pursuant to this chapter. A certified copy of the record ofrevocation, suspension or cancellation from the United States Coast Guard isconclusive evidence thereof.
(e)Engaging in fraudulent, untruthful or seriously misleading advertising in theconduct 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 violationof 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]
704.045Registration of fishing derby with board; exemption from outfitter and guideregistration; fee.For the purposes of this section, "fishing derby" or"derby" means a multiday, multistate angling event held in Oregon asa fund-raiser.
(2)An organizer of a fishing derby shall register the time and location of thederby with the State Marine Board if the organizer intends to use a guideregistered or licensed in a state other than Oregon. Each derby registrationshall be accompanied by a fee of $50.
(3)The board may, by permit, exempt a registered fishing derby from the outfitterand guide registration requirements under ORS 704.020 upon application to theboard by the organizer of the derby. The board may place conditions on theexemption, including but not limited to the identification of outfitters andguides who are registered or licensed in a state other than Oregon, the displayof 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 ofthe exemption described in subsection (3) of this section and the denial of afuture exemption for one year from the date of violation. [2001 c.183 §2]
704.050Cancellation of liability insurance; notice to board; suspension ofregistration.(1) If an insurance company cancels or refuses to renew insurance for an outfitterand guide required by ORS 704.020, the insurance company, not less than 30 daysprior to the effective date of termination of the coverage, shall notify theState Marine Board in writing of the termination and its effective date.
(2)Upon receipt of an insurance coverage termination notice, the board shall sendwritten notice to the outfitter and guide that on the effective date of theinsurance coverage termination, the board will suspend the certificate ofregistration of the outfitter and guide unless proof of insurance required byORS 704.020 is filed with the board prior to the effective date of the proposedinsurance coverage termination.
(3)The board may suspend the certificate of registration issued to an outfitterand guide if the outfitter and guide fails to maintain in full force and effectthe insurance required by ORS 704.020. A certificate of registration that hasbeen suspended pursuant to this section may not be reinstated until proof ofinsurance required by ORS 704.020 has been filed with the board. [1983 c.655§8]
704.060Certification process for participation in allocation of certain deer and elkpermits; fee.(1) The State Marine Board shall establish a certification process foroutfitters and guides who engage in providing outfitting and guiding servicesfor the hunting of deer and elk to qualify for participation in the allocationof permits required by ORS 496.151. Certification shall include evaluation ofeducation, training, experience and other matters regarding the qualificationof individuals to provide the required services.
(2)The board may charge a fee for certification that is in addition to the feerequired by this chapter for registration.
(3)Outfitters and guides must meet the certification requirements of this sectionin the calendar year prior to each deer and elk season in order to participatein the permit allocation referred to in ORS 496.151. [1997 c.342 §5; 1999 c.281§1]
704.065Decal to be affixed to boat. (1) A person who acts or offers to actas an outfitter and guide using boats to carry passengers on the waters of thisstate shall affix to each boat used in providing outfitter and guide servicesan identifying decal issued by the State Marine Board or other governmentalagency, subject to rules of the board, showing the year of issuance, thepassenger-carrying capacity of the boat and such other information as the boardmay prescribe.
(2)The boat decals for each outfitter and guide who uses a boat to carrypassengers on the waters of this state expire on December 31 of each calendaryear. [2005 c.438 §3]
704.070Requirements for safety equipment, experience and training. (1) A personwho acts or offers to act as an outfitter and guide using boats to carrypassengers on the waters of this state shall:
(a)Equip each nonmotorized boat that is under the direct operation of an outfitterand guide or an employee of an outfitter and guide to carry passengers onwaters rated as class III or higher on a commonly