As used in this chapter:
(1) “Board” means the State Marine Board.
(2) “Employee” means an individual who, in exchange for compensation or other pecuniary gain, provides outfitting and guiding services exclusively under the direction, supervision and control of an outfitter and guide or an ocean guide.
(3) “Ocean guide” means any individual who carries passengers for hire for outdoor recreational activities only on the waters of the Pacific Ocean over which the State of Oregon has jurisdiction and who possesses therefor a valid 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 canoe trips. The duration of any outdoor recreational activities may be for a few hours 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 pecuniary gain:
(i) Outfitting and guiding services in Oregon; or
(ii) Outfitting and guiding services and either equipment, supplies, livestock or materials for use in Oregon; or
(B) Who holds one or more federal permits for commercial outfitting and guiding services 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, provides outfitting and guiding services for the conduct of outdoor recreational activities 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 in the conduct of outdoor recreational activities. The rental of equipment alone does not constitute outfitting and guiding services.
(7) Outfitting and guiding services are not offered or provided for compensation or pecuniary 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 a sharing by trip participants of the costs or expenses for the trip. [1983 c.655 §1; 1995 c.736 §7]
Section: 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