(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 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]
Section: Previous 704.010 704.020 704.021 704.023 704.025 704.030 704.035 704.040 704.045 704.050 704.060 704.065 704.070 704.500 704.510 NextLast modified: August 7, 2008