Oregon Administrative Rules
Chapter 736 - PARKS AND RECREATION DEPARTMENT
Division 40 - OREGON SCENIC WATERWAYS
Section 736-040-0055 - Owyhee River Scenic Waterway
Universal Citation: OR Admin Rules 736-040-0055
Current through Register Vol. 63, No. 3, March 1, 2024
Natural River Area:
(1) The entire Owyhee River Scenic Waterway, in its two segments, is classified as a Natural River Area.
(2) In order to preserve the river and related adjacent lands in an essentially primitive condition, no new structures or improvements which are visible from the river, other than those erected or made in connection with the existing agricultural uses, or those needed for public outdoor recreation or for resource protection will be permitted. Commercial public service facilities, including resorts and motels, lodges and trailer parks, and additional dwellings which are visible from the river will not be permitted.
(3) Public Use of the Owyhee River Scenic Waterway
(a) Policy:
The Commission finds that it is necessary to adopt rules for public recreation
use of the lands and waters within this scenic waterway area in order to
protect and enhance the Owyhee River Scenic Waterway's unique aesthetic,
scenic, fish and wildlife, scientific and recreational features, and because
these outstanding and unique features caused the people of Oregon to designated
these river segments as a scenic waterway. The Commission bases this rule upon
the need to protect and preserve the waterway's outstanding scenic beauty and
natural features while maintaining the river's wide range of recreational
opportunities. Therefore, in accordance with the management provisions of ORS
390.845, person using the Owyhee
River Scenic Waterway for recreation purposes shall comply with this rule.
Where more restrictive or specific than the general rules of this division,
this rule will prevail over the general rules.
(b) Definitions: For purposes of this rule,
the following definitions apply:
(A)
"Approved portable toilet" means any non-biodegradable, reusable, rigid,
durable container designed to receive and hold human waste, in any container
position without leaking, large enough to service the entire party for the
length of the trip, and equipped with a dumping system that allows the
container to be emptied and rinsed into a standard receiving or dump system
designed for that purpose, without spills, seepage or human exposure to human
waste; or at least one WAG bag manufactured by Phillips Environmental Products
or other similar approved product, for each person in the boating party,
carried in a leak-proof container and disposed of in a trash receptacle
according to manufacturer instructions, without spills, seepage or human
exposure to human waste.
(B) "Boat"
means every watercraft or device used as a means of transport on the
water.
(C) "Camping" means erecting
a tent or shelter of natural or synthetic material, preparing a sleeping bag or
other bedding material, parking a motor vehicle, motor home or trailer, or
mooring of a vessel, or other action for the apparent purpose of overnight
occupancy.
(D) "Designated
Campsite" means a public designated campsite within a developed campground,
marked with a visible number painted on a picnic table or mounted on a post or
placard.
(E) "Developed Toilet
Facility" means a vault type toilet provided by the Bureau of Land Management
or the department.
(F) "Display
Intent To Remain Overnight" means any off-loading onto the riverbank, or
preparing for use, common overnight camping equipment such as tents, sleeping
bags or bedding, food, cooking or dining equipment, or lighting equipment, or
to prepare common camping equipment for use in or on any boat.
(G) "Group" means any number of persons
affiliated together with a common goal to recreate with each other in
activities such as rafting, eating, camping, or swimming.
(H) "Group Size Limit" means a boating party
not to exceed 15 persons between the Idaho state line to Three Forks, and not
to exceed 20 persons between Crooked Creek to Birch Creek regardless of the
number of persons covered by each boater registration form.
(I) "Owyhee River Scenic Waterway" means that
portion of the Owyhee River designated in ORS
390.826(15) as
a State Scenic Waterway. The portion of the Owyhee River Scenic Waterway
affected by this rule covers the section of the South Fork Owyhee River from
the Idaho border downstream to Three Forks, and the maintsem Owyhee River from
Crooked Creek downstream to Leslie Gulch. The Owyhee River Scenic Waterway also
includes all water and lands within one-quarter mile of the bank on either side
of the river.
(J) "Refuse"
includes, but is not limited to, wastewater, sewage, litter, trash, garbage,
scraps, remnants of water balloons or clay pigeons, remnants of a campfire
including charcoal, ash, or burned debris, or other useless or worthless parts
of things.
(K) "Remain Overnight"
means human presence in the Owyhee River Scenic Waterway on a boat-in basis for
any period of time from one hour after legal sunset to one hour before legal
sunrise.
(L) "Trip Leader" means a
person who completes and signs an Owyhee River Boater Registration Form on
behalf of a boating group. By signing the boater registration form, the group
leader accepts legal responsibility for the leader's and group members'
compliance with all applicable Department, Oregon State Marine Board, and
Oregon Liquor Control Commission administrative rules; controlled substance,
juvenile and criminal laws; and this rule.
(c) Boating and Registration:
(A) All boats shall carry at least one United
States Coast Guard approved personal flotation device in good and serviceable
condition for each person on board. Each device shall be of an appropriate size
for the person for whom it is intended and shall be readily accessible whenever
the boat is in use. As used in this paragraph, a personal flotation device is
not "readily accessible" if it is stowed in a locked compartment or locker or
is otherwise not immediately, physically available to persons on board the boat
in case of an emergency.
(B) Every
boater or boating group shall register their party and trip prior to launching.
The boater or trip leader must completely and accurately provide all
information requested on the registration form and must sign the registration
form prior to launch in order to be valid.
(C) Every boater or boating group shall abide
by the requirements of the registration form stipulations.
(D) The boater or group leader must carry
their valid registration and it must be readily available for inspection upon
request by authorized agency and law enforcement personnel.
(d) Campfires, Fuel, Firepans and
Smoking:
(A) When fire is not prohibited, a
person must contain fire in a firepan or similar device of metal. A firepan is
a metal container with sides at least two inches high to prevent ashes or
burning material from spilling onto the ground.
(B) A person may use commercially
manufactured metal camp stoves and lanterns for outdoor use only when fueled
with bottled liquefied petroleum gas (e.g. propane) or liquid gas. A person
must operate such stove or lanterns in a responsible manner at all
times.
(C) A person may not chop,
saw, break, cut, burn or gather wood or other combustible material from any
live or standing tree.
(D) A person
must completely extinguish all fires after use. A person must take the
extinguished remains, including all ash, wood or charcoal residues, partially
consumed briquettes, and burned refuse out of the scenic waterway for disposal
or deposit in a proper garbage receptacle provided at recreation sites or
litter collection stations.
(E) A
person may only smoke in non-public buildings, closed vehicles, while in boats
on the water or while standing in the water.
(e) Camping:
(A) Groups occupying any campsite shall not
exceed either the maximum number of persons or vehicles allowed for that
campsite.
(B) A person may not
occupy any campsite or area posted as "Closed" to that use.
(C) A person may not possess or leave refuse,
debris, or litter in an exposed, unsightly, or unsanitary condition.
(f) Litter and Personal
Sanitation:
(A) All persons shall remove
refuse or similar materials from of the scenic waterway for proper
disposal.
(B) Boating individuals
and groups that remain, intend to remain, or display intent to remain overnight
within the Owyhee River Scenic Waterway must carry and use an approved portable
toilet.
(C) All persons who remain,
intend to remain, or display intent to remain overnight in an undeveloped camp
site shall set up an approved portable toilet, ready for use, as soon as
practical upon landing at the camping site to be occupied.
(D) A person may not leave, deposit, or
scatter human waste, toilet paper, or items used as toilet paper, on the ground
within the Owyhee River Scenic Waterway.
(E) While within the Owyhee River Scenic
Waterway, a person may only dump portable toilets at facilities developed and
identified especially for that purpose.
Stat. Auth.: ORS 390.845(2)
Stats. Implemented: ORS 390.845(2)
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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