Statutory Authority ORS Power and duties of board: (5) Advise and assist county sheriffs and other peace officers in the enforcement of laws relating to boating. (13) Make rules for the uniform navigational marking of the waters of this state. Such rules shall not conflict with markings prescribed by the United States Coast Guard. No political subdivision or person shall mark the waters of this state in any manner in conflict with the markings prescribed by the board. (Rules: OAR – 0201 adopted in 1963) ORS (2) When special regulations have been established within a political subdivision in accordance with this subsection, the governing body shall establish and maintain the navigational markers prescribed by the board.

History of Waterway Markers in 1980 staff report: “many local waterway markers are deteriorated, not in conformance…, or are nonexistent.” Board directed staff to conduct a study of the waterway marker system 28 counties asked to inventory existing markers and assess the need for additional markers Final assessment: need for 161 new buoys, 60 signs in 15 counties Board approved $27,000 facility grant to provide needed markers Staff recommendation: Marine Board take a more active roll in providing waterway markers and, in the interest of safety, assist with markers in areas regulated under ORS when local authorities cannot Since 1980, county marine programs have requested markers when needed and the Marine Board has supplied

Total Baker $ 952 $ 1,220 $ 3,411 $ 5,583 Clackamas $ 202 $ 1,513 $ 1,058 $ 304 $ 3,077 Clatsop $ 158 Columbia $ 2,160 Coos $ 794 $ 4,150 $ 4,944 Crook $ 1,409 $ 946 $ 2,355 Curry $ 307 Deschutes $ 2,148 Douglas $ 386 Jackson $ 2,443 Jefferson $ 3,057 $ 1,576 $ 4,722 $ 2,740 $ 12,095 Klamath $ 864 $ 621 $ 3,211 $ 4,695 Lane $ 1,589 Lincoln $ 292 $ 3,703 $ 3,995 Linn $ 826 $ 310 $ 1,136 Malheur $ 1,627 Marion $ 3,098 $ 4,159 $ 7,257 Morrow $ 1,014 Multnomah $ 1,085 $ 1,835 $ 3,612 $ 14,382 $ 20,914 Polk $ 2,067 Wasco $ 522 $ 1,288 $ 1,809 Washington $ 33 $ 2,071 $ 2,104 Misc $ 311 $ 602 $ 365 $ 1,200 $ 2,479 $ 8,693 $ 16,155 $ 16,192 $ 26,633 $ 18,667 $ 86,340 Waterway Marker Expenditures

New waterway marker inventory and needs assessment with county marine patrol programs 2.Direction from the Board to develop a process to allow individuals to place “cautionary” buoys

2014 Assessment Not all zones are marked in the same way (and some are not marked at all) Markers have different messages SLOW NO WAKE 5 MPH SLOW NO WAKE NO WAKE 5 MPH 5 MPH SLOW NO WAKE

2014 Assessment Many markers are worn and are unserviceable

Waterway Marker Program Plan 1.Create an inventory tracking system for Marine Board purchased markers 2.Update standards for signs and buoy (construction and message) 3.Create a guidance document for marker placement and maintenance 4.Draft rules for a process to prescribe non- OSMB waterway markers

1. Waterway Marker Inventory and Tracking System Inventory Inventory information to be entered into an Excel Spread Sheet and uploaded into the Data.Oregon Interactive Boating Map. Inventory information will include; ID numbers, GPS location, owner, placement date, maintenance responsibility, supporting statute(s), marker type, designation/wording, condition, and in water duration. Tagging Each waterway marker ID will use the GPS location, OSMB county waterway inventory number (location code), marker type (B-Buoy or S-sign), and assigned inventory number. Example: Coos County Ten Mile Lake Launch Ramp 5 mph zone buoy. ID number: B001 location: , The information will be entered into a waterproof NFC tag that will be attached to every marker.

1. Waterway Marker Inventory and Tracking System

529 markers identified by county marine patrol that were provided by Marine Board (in 13 counties) Over 100 other markers owned by USACE, Forest Service, State Parks, boy scouts, etc., identified in county inventories

1. Waterway Marker Inventory and Tracking System

How the tracking system will work The buoys the county has agreed to maintain will be included in the annual LE contract If a buoy or sign needs to be replaced, the county marine patrol would specify which marker needs to be replaced

2. Standards for waterway markers Update rules for marker standards (see pages 4 to 6 of draft rules) In general, the standards are meant to prevent use of milk jugs, mooring balls, and this:

2. Standards for waterway markers Standard Messages We propose using these standard messages on markers purchased by the Marine Board and specifying these messages on permitted markers

3. Guidance document for placement and maintenance In development – Number of markers per zone - spacing – Should markers stay in all year, or be removed seasonally? – Repair ideas (new wrappers) – Replacement procedures for lost damaged markers – Anchoring guidance

4. Rules for non-OSMB waterway markers Individuals are installing their own waterway markers without authority Developing an application process so that these markers can be approved by OSMB Individuals will be responsible for purchasing, placing, and maintaining private markers

4. Rules for non-OSMB waterway markers Pages 1 – 4 of draft rules Permits Required and Exemptions: – Permit required for markers placed on the water after July 1, 2015 – Grandfather in existing markers until the equipment is replaced Staff time permitting, we can proactively reach out to owner of markers identified in our county inventories – Permit requirement does not apply to US Govt, OSMB purchased markers placed by LE, special use device permits, or marine event markers – Marine Board waterway marker permit does not relieve the applicant from obtaining other federal, state or local permits, licenses, or approval which may be required.

4. Rules for non-OSMB waterway markers Application: – 2 application forms, one for regulatory markers (boat exclusion and restrictions), one for hazards and informational markers – Applicant can use PATON form for markers placed before July 1, 2015 – Marine Board approval in 30 days, decision can be appealed to the Board and then in a contested case hearing.

4. Rules for non-OSMB waterway markers Placement conditions: – The applicant must install, inspect, maintain, and remove the permitted marker at their own expense and as directed by the Marine Board – All markers must comply with the characteristics and standards of OAR to OAR – The applicant must attach a Marine Board supplied coding device or permanently attach the permit number on the top of the marker. – placement of a marker does not authorize any invasion of private rights, nor grant any exclusive privileges, nor does it preclude the necessity of complying with any other federal, state or local laws or regulations

4. Rules for non-OSMB waterway markers Removal of markers – Non-conforming or unpermitted markers can be removed after 30 days following notification from the Marine Board – Waterway markers that create an unreasonable hazard to navigation may be removed immediately – Removed markers remain the property of the owner. Reoccurring removals of non-conforming or non-permitted markers may result in permanent seizure and will be disposed of in accordance with ORS – Removal decision can be appealed to the Board and then in a contested case hearing.

Future Opportunities Coordination with federal and state agencies is difficult Waterway markers can require permits from the Army Corps, the US Coast Guard, and the Department of State Lands DSL and Marine Board staff have discussed DSL delegating it’s waterway authorization authority to the Marine Board for these types of waterway markers (specifically regulatory buoys) The Marine Board could also pursue designation of certain waterways as “state waters for private aids to navigation” which would give the Marine Board authority to regulate waterway markers and relieve applicants of the need to obtain a CG PATON permit as well

Questions?

Slow-No Wake "Slow–No Wake" means operating a boat at the slowest speed necessary to maintain steerage and that reduces or eliminates waves that appear as white water behind the boat.

Question: Keep in reference to 5 mph? LE comments Boater comments

Affected markers Approximately 73% of markers are 5 mph/ slow no wake markers Estimate that there are around 500 SNW markers, and 35% have wording other than New buoys are ~ $230 (without shipping), but new labels are around $17

Next Steps Move forward with rulemaking with the current draft definition of “slow no-wake” Remove 5 mph from the basic rule and the division 20 rules in the draft language Solicit official public comment Rulemaking hearing Vote on rule adoption at next Board meeting