ORS 704.020
Registration requirement
- liability insurance
- bond or financial security
- fees
- decal
- rules
(1)
Any person who acts or 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 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)
Proof that the business under which outfitting and guiding services are provided has registered with the Secretary of State.(c)
If the outfitting and guiding services are to be performed in the business name of an individual, proof that the outfitter and guide is certified to give first aid, as determined by the board by rule.(d)
If the outfitting and guiding services are to be performed in the business name of a person other than an individual, a list of 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 this state, together with the affidavit of the outfitter and guide that each such employee, agent or party in interest is certified to give first aid, as determined by the board by rule.(e)
If the outfitter and guide is carrying passengers for hire on waterways determined to be navigable by the United States Coast Guard, proof that the person or an individual employed by the person has a valid United States Coast Guard operator license.(f)
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 the equipment, supplies, livestock and materials; and(C)
The experience of the outfitter and guide in providing the outfitting and guiding services and the equipment, supplies, livestock and materials.(g)
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. To meet the requirement under this paragraph, insurance must provide combined single limit per occurrence general liability coverage of at least $500,000.(h)
Certification by the outfitter and guide that the outfitter and guide will maintain the insurance required by paragraph (g) of this subsection continuously and in full force and effect for a period of time to be determined by the board by rule.(i)
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)
A felony or misdemeanor related to the provision of services regulated by this chapter;(ii)
A violation under this chapter or ORS chapter 477, 496, 497, 498, 501, 506, 508, 509, 511 or 830 or any rule adopted pursuant to ORS chapter 477, 496, 497, 498, 501, 506, 508, 509, 511 or 830;(iii)
A violation of the wildlife laws that occurred while acting as an outfitter and guide and that resulted in court-ordered revocation of the hunting or fishing license of the outfitter and guide;(iv)
A crime involving delivery, manufacture or possession of a controlled substance, as defined in ORS 475.005 (Definitions for ORS 475.005 to 475.285 and 475.752 to 475.980); or(v)
Assault in any degree, criminal homicide as defined in ORS 163.005 (Criminal homicide) or kidnapping in any degree;(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.(j)
The affidavit of the outfitter and guide stating that the outfitter and guide and each person who provides or assists in directly providing outfitting and guiding services have not been convicted of:(A)
A crime, the result of which prohibits the person from possessing a firearm; or(B)
A crime, the result of which requires the person to be registered as a sex offender under ORS 163A.010 (Reporting by sex offender discharged, paroled or released from correctional facility or another United States jurisdiction), 163A.015 (Reporting by sex offender discharged, released or placed on probation by court or another United States jurisdiction), 163A.020 (Reporting by sex offender upon moving into state) or 163A.025 (Reporting by sex offender adjudicated in juvenile court).(2)
Intentionally left blank —Ed.(a)
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 for the purpose of carrying passengers on the waters of this state must submit proof:(A)
If operating a motorboat on the waters of this state, that the outfitter and guide:(i)
Has passed a written test adopted by the board by rule;(ii)
Has participated in a drug and alcohol program as defined by the board by rule; and(iii)
Has completed a physical examination every five years as required by the board by rule.(B)
Of liability insurance in a form prescribed by the board by rule.(b)
A person is exempt from paragraph (a)(A) of this subsection if the person is operating a motorboat on waters of this state determined to be navigable by the United States Coast Guard and the person possesses a valid United States Coast Guard operator license.(3)
Intentionally left blank —Ed.(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, $150.(b)
For nonresident persons who reside in a state that requires residents of this state to pay a license fee, registration fee or other fee or charge in excess of $150 to act as an outfitter and guide in that state, the same fee or other charge as is charged the residents of this state 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 this state 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, $150.(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 (Definitions).(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 or on such date as may be specified by board rule. [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; 2007 c.768 §55; 2013 c.422 §§4,7; 2015 c.438 §§1,2; 2017 c.21 §§122,123]
Source:
Section 704.020 — Registration requirement; liability insurance; bond or financial security; fees; decal; rules, https://www.oregonlegislature.gov/bills_laws/ors/ors704.html.
Notes of Decisions
Where defendant was convicted of guiding without license, placed on probation and, while appeal was pending, probation was revoked, though Court of Appeals had jurisdiction of case on appeal, trial court retained authority to enforce judgment and revoke probation any time during probation period. State v. Link, 87 Or App 556, 743 P2d 737 (1987)
Attorney General Opinions
Constitutionality of charging higher license fees for certain nonresident guides and outfitters, (1985) Vol. 44, p 407
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