ORS Chapter 783
Chapter 783 — Liabilitiesand Offenses Connected With Shipping
and Navigation;Shipbreaking; Ballast Water
2009 EDITION
LIABILITIES;OFFENSES; SHIPBREAKING
SHIPPINGAND NAVIGATION
LIENSON BOATS AND VESSELS
783.010 Claimsfor which liens accorded
783.020 Lienpriority
783.030 Rightto proceed against boat or vessel directly
783.040 Complaint;jurisdiction and venue
783.050 Issuanceof warrant for seizure of boat or vessel
783.060 Procedureafter return of warrant
783.070 Personsauthorized to appear for boat or vessel; answer
783.080 Judgmentby default; proceedings on issue of fact
783.090 Dischargeof boat or vessel on giving of undertaking
783.100 Returnof deposit; disposition of balance
783.110 Orderfor sale on judgment
783.120 Judgmenton undertaking; issuance of execution
783.130 Billof sale of boat or vessel; effect of previous liens
783.140 Rightsof other lien claimants
783.150 Distributionof proceeds of sale
783.160 Saleof appurtenances for fractional share of boat or vessel
783.170 Limitationof actions
NAVIGATIONALWRONGS AND REMEDIES
783.310 Destructionor injury of property by watercraft; liability of tortfeasor and employer; lienon vessel
783.320 Injuriesto persons or property ashore; liability in damages; venue
783.330 Attachmentagainst vessel; motion and undertaking
783.340 Redeliveryof attached vessel
783.350 Nonresidentowners; service; judgment; designation
783.360 Priorityof attachment
SHIPBREAKINGACTIVITIES
783.400 Shipbreaking;shipwrecks; ship repair; definitions
OFFENSES
783.510 Enticementof seamen to desert or leave ship
783.520 Harboringand secretion of seamen
783.530 Receiptof compensation from seaman for furnishing employment
783.550 Unauthorizedboarding of nonpassenger vessel
783.560 Arrestof officers and seamen for debt prohibited
783.570 Enforcementofficer in Portland and Astoria
783.580 Tugboatoperator refusing to tow; discrimination in charges
783.590 Loweringof smokestacks of vessels navigating upper Willamette
783.610 Offensesrelating to buoys and beacons; disposition of fines
BALLASTWATER
783.620 Dischargeof ballast in navigable waters
783.625 Definitionsfor ORS 783.625 to 783.640
783.630 Application;exclusions
783.635 Dischargeof ballast water prohibited; exemption; rules; aquatic invasive species
(Temporaryprovisions relating to Shipping Transport of Aquatic Invasive Species TaskForce are compiled as notes following ORS 783.635)
783.640 Reportingof ballast water management
PENALTIES
783.990 Penalties
783.992 Civilpenalties
LIENSON BOATS AND VESSELS
783.010Claims for which liens accorded. Every boat or vessel used in navigatingthe water of this state or constructed in this state is liable and subject to alien:
(1)For wages due to persons employed, for work done or services rendered on boardsuch 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 orsubcontractors of such owner, or with any person having them employed toconstruct, repair or launch such boat or vessel, on account of:
(a)Labor done or materials furnished by mechanics, tradesmen or others in thebuilding, repairing, fitting and furnishing or equipping of such boat orvessel;
(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 withinthis state.
(4)For all demands or damages accruing from the nonperformance or malperformanceof any contract of affreightment, or of any contract touching thetransportation of persons or property, entered into by the master, owner, agentor 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 orvessel, and for damages or injuries by such boat or vessel resulting in thedeath of any person. [Amended by 1981 c.548 §1; 2005 c.22 §511]
783.020Lien priority.(1) The classes of claims specified in ORS 783.010 shall have priorityaccording to the order in which they are enumerated.
(2)The liens under ORS 783.010 shall have precedence over all other liens andclaims against such boat or vessel, except the following liens, claims andsecurity interests, whether or not the following liens, claims or securityinterests have arisen or been perfected before or after liens under ORS783.010:
(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 UnitedStates Code.
(b)Security interests perfected under ORS chapter 79.
(c)Security interests on certificates of title perfected under ORS chapter 830. [Amendedby 1981 c.548 §2]
783.030Right to proceed against boat or vessel directly. Any personhaving a demand as mentioned in ORS 783.010, instead of proceeding for recoverythereof 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 byname.
783.040Complaint; jurisdiction and venue. Any person wishing to commence anaction against a boat or vessel shall file the complaint against such boat orvessel by name with the clerk of the circuit court of the county in which theboat or vessel may lie or be. The complaint shall set forth the plaintiff’sdemand in all its particulars, and on whose account the same accrued, and shallbe verified by the plaintiff or some credible person for the plaintiff.
783.050Issuance of warrant for seizure of boat or vessel. Whenever thecomplaint is filed, the clerk shall issue a warrant thereon, commanding thesheriff to seize the boat or vessel mentioned in the complaint, with thetackle, apparel and furniture of the boat or vessel and retain the same untildischarged from such custody by due course of law.
783.060Procedure after return of warrant. Upon the return of any warrant issuedas prescribed in ORS 783.050, proceeding shall be had in the circuit courtagainst the boat or vessel seized, in the same manner as if the action had beencommenced against the person on whose account the demand accrued.
783.070Persons authorized to appear for boat or vessel; answer. The master,owner, agent or consignee of the boat or vessel may appear on behalf of theboat or vessel and answer the complaint.
783.080Judgment by default; proceedings on issue of fact. If in any actioncommenced under ORS 783.030 and 783.040 the master, owner, agent or consigneedoes not appear and answer the complaint, the plaintiff may proceed to takejudgment in the same manner and under the same restrictions as in a civilaction against a natural person. If an issue of fact is joined, the sameproceeding shall be had as in other actions.
783.090Discharge of boat or vessel on giving of undertaking. If the master,owner, agent or consignee, before final judgment in any action commenced inpursuance of ORS 783.030 and 783.040, enters into an undertaking in favor ofthe plaintiff, with sufficient security, to be approved by the judge or clerkof the court in which the action is pending, conditioned to satisfy the amountwhich is adjudged due and owing to the plaintiff on determination of theaction, together with all costs accruing, such boat or vessel, with its tackle,apparel and furniture, shall be discharged from further detention by thesheriff.
783.100Return of deposit; disposition of balance. If judgment is for thedefendant, any deposit in lieu of an undertaking shall be returned to theperson making the same; or if a balance remains after satisfying any judgmentin favor of the plaintiff and costs of suit, the balance shall be so returned.
783.110Order for sale on judgment. If judgment is rendered against any boat or vesselin favor of the plaintiff, the court shall make an order directed to thesheriff, commanding the sheriff to sell the boat or vessel, together with itstackle, apparel and furniture, to satisfy the judgment and costs which may haveaccrued in the cause, which order shall be executed and returned in the samemanner as other executions.
783.120Judgment on undertaking; issuance of execution. If anundertaking with surety was given according to ORS 783.090 and judgmentrendered in favor of the plaintiff, a judgment shall also be rendered upon theundertaking, and execution issued for the amount of judgment and costs in favorof the plaintiff, against the principal and security in such undertaking.
783.130Bill of sale of boat or vessel; effect of previous liens. When any boator vessel is sold in pursuance of ORS 783.110 to 783.160, the officer makingthe sale shall execute to the purchaser a bill of sale therefor, and such boator vessel shall, in the hands of the purchaser and the purchaser’s assigns, befree and discharged from all previous liens and claims under this title.
783.140Rights of other lien claimants. Any other person having or claiming alien against any boat or vessel in pursuance of ORS 783.010 may, at any timeafter the sale upon execution and before payment over of any surplus in thehands of the sheriff, commence an action against such boat by name, as if thesame 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 payover any surplus that may be in the sheriff’s hands to such master, owner,agent or consignee.
783.150Distribution of proceeds of sale. In the distribution of the proceeds ofsale, claims of a prior class shall be paid entire before any payment shall bemade upon claims of a subsequent class. When the money to be applied to anyclass is insufficient to pay all the claims of that class, it shall beapportioned ratably among the claims of that class.
783.160Sale of appurtenances for fractional share of boat or vessel. If it appearsto the court in which the action is pending, or the judge thereof, that theliens 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 orvessel, the court or judge may modify the order of sale accordingly. If inpursuance of such order a sale is made of a fractional share in such boat orvessel, the purchaser shall hold such share jointly with the other owners.
783.170Limitation of actions. All actions against a boat or vessel under ORS783.010 to 783.160 shall be commenced within one year after the cause of actionhas accrued.
NAVIGATIONALWRONGS AND REMEDIES
783.310Destruction or injury of property by watercraft; liability of tortfeasor andemployer; lien on vessel. If any person in control of any watercraft conductsor navigates the watercraft intentionally or negligently so as to destroy orinjure the property of another, the person and the person’s employer each shallbe liable in damages for the property so injured or destroyed, and the damagesshall be a lien on the watercraft. [Amended by 2005 c.22 §512]
783.320Injuries to persons or property ashore; liability in damages; venue. The owner orowners of any boat or vessel which, when navigating the waters of this state orwhen within the waters of this state, has, through the negligence or misconductof the owner, agent, master, pilot or employees thereon, caused injury topersons or property upon shore or upon wharves, warehouses, bridges or otherstructures affixed or contiguous to such shore, wharves, warehouses, bridges orother structures, shall be liable for all damages resulting to such person orto the owners of such property by reason thereof. The persons so injured mayrecover the same in an action at law in the circuit court of any county withinwhich the boat or vessel may be found.
783.330Attachment against vessel; motion and undertaking. The person soinjured may at the time of filing the complaint, or at any time subsequentthereto, cause an attachment to issue against the vessel. The clerk of thecircuit court shall issue a writ of attachment directing the sheriff of thecounty to levy upon, seize and take the vessel; but such attachment shall onlyissue 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 inthe complaint. The undertaking shall be executed by one or more sureties, andshall be so conditioned that the signers thereof shall be liable in the sumnamed therein to the owners of the vessel if the attachment is wrongful orwithout sufficient cause. The sureties shall in the aggregate justify in doublethe amount of the undertaking.
783.340Redelivery of attached vessel. The sheriff shall redeliver the vesselattached to the owner or master thereof upon the owner or master delivering tothe sheriff an undertaking, with one or more sufficient sureties approved bythe judge of the court, or in case of the judge’s absence by the sheriff, whichundertaking shall be so conditioned that the obligors therein shall pay to theplaintiff the judgment rendered in the cause. The sureties thereon shall in theaggregate justify in double the amount of the undertaking.
783.350Nonresident owners; service; judgment; designation. If the owner ofthe vessel is nonresident of and not within Oregon, service of the summons andcomplaint shall be made upon the master or person in charge of the vessel, withthe same force and effect as though made by publication. In such event theowner shall be required to appear and answer to the complaint within the sametime as though the owner were served personally. In such event no personaljudgment against the owner shall be rendered in the action, but only an orderof sale of the property attached, or, in event of such property being releasedupon undertaking, then judgment shall be rendered against the obligors thereon.In the event of the vessel belonging to nonresidents, defects in the names ofparties defendant shall not in any respect affect the validity of theproceedings or of any judgment rendered therein.
783.360Priority of attachment. The attachment provided for in ORS 783.330 shallhave priority over any mortgage upon the vessel and over any liens thereon notof a maritime nature.
SHIPBREAKINGACTIVITIES
783.400Shipbreaking; shipwrecks; ship repair; definitions. (1) As used inthis section:
(a)“Dry dock” means a graving dock or a floating dry dock.
(b)“Floating dry dock” means a vessel or structure that can be flooded to allow aship to be floated in and drained to allow the ship to come to rest on a dryplatform.
(c)“Fouling communities” means the matrix consisting of:
(A)Native or nonnative species attached to the hull of a ship including, but notlimited to, barnacles, bivalves, bryozoans, tunicates and seaweeds; and
(B)Native or nonnative mobile species such as crustaceans, sea stars and wormsthat may be unattached to the hull, but that inhabit a fouling community orinhabit protected recesses and crevices in the hull, such as sea chests.
(d)“Fouling organisms” means native or nonnative species that attach to the hullof a ship including, but not limited to, sessile bottom-dwelling invertebrates,algae and microorganisms such as bacteria and diatoms.
(e)“Graving dock” means a paved excavation in the ground that can be flooded toallow a ship to be floated in and drained to allow that ship to come to rest ona dry platform.
(f)“Hazardous materials” includes, but is not limited to, asbestos,polychlorinated biphenyls, oil, fuel, bilge and ballast water, paint and lead.
(g)“Ocean shore” has the meaning given that term in ORS 390.605.
(h)“Ship” means a vessel that weighs in excess of 200 gross tons and operates uponnavigable waterways.
(i)“Shipbreaking” means the process of dismantling a ship for scrap or disposal.