Spring 2018 1

NewsletterO utf itter Guide

Spring 2018

Top items slated for presentation during the 2019 legislative session

It’s not that often that we have the opportunity to make changes in the Outfitter Guide statutes. These statutes are the basis upon which all of our rules are written. The last major change to the Outfitter Guide and Charter statutes was in the 2013 legislative session. Some of those changes included the fee increase, the change in definition of a Charter, and institution of the Motorized Passenger Boat Opera-tor Certification. The Board is currently putting together a package of suggested changes for consideration. These suggestions are:• Biennial Registration: The proposal is to extend the registration period from one year to two years. Guide decals would reflect the expiration year. After an initial transition period, we would anticipate that odd and even guide registration numbers would renew in the corresponding odd or even years. Guide fees would be twice the annual fee.• Restructuring Charter Operators and Outfitter Guides: To create consistency between similar services, disciplinary actions, and reporting responsibilties, Charter Operators and their deckhands/employees (see Employee Assistant below) would be incorporated into the Outfitter Guide program. The Charter Boat designation would become strictly a vessel registration credential. The proposed change would also allow Charter operators and Outfitter Guides to transfer between Charter boats and Guide boats as long as they have the correct USCG credentials.• Employee Assistant: Employees of fishing guides would be offered an Employee Assistant designation. Geared towards deckhands, youth or those “testing the waters” on becoming an Outfitter Guide, the designation would require the boat to be operated under the direct supervision of an Outfitter Guide, the assistant’s First Aid & CPR certification, and an application and fee of $25. • Surety Bond Requirement for Hunting Guides: The proposal increases the surety bond for those providing hunting services to $10,000 and makes it a requirement even if no deposit is collected.

Comments are welcome as we go through this legislative process. Contact one of our Guide Advisory Committee members.

Living, Working, & Loving the Oregon Outdoors

2019 Proposed LegislationPhoto: grievesfishing.com

In this issue All the info for those on the go...

OREGON STATE MARINE BOARD

435 Commercial St NE, Ste 400 PO Box 14145

Salem, OR 97309-5065 503) 378-2633

EMAIL: outfitter.guide@oregon.gov

INFO

1 2019 PROPOSED LEGISLATION

2 MPBOC 4 MONTHS LATER, WHEN NATURE CALLS

3 LAW ENFORCEMENT UPDATE, ADS & SOCIAL MEDIA

4 BY THE NUMBERS DID YOU KNOW?

Email or Mail?

This edition of the newsletter has been distributed primarily via email. If we have your email address on file, you will receive only the email version. If not, you will be mailed a paper copy. Please notify us if you have a preference, or if your email ad-dress needs to be updated.

Spring 20182

The new Motorized Passenger Boat Operator’s Certification (MPBOC) is now three months old and the Outfitter Guide desk has issued 42 MPBOC designations to date. It has been a learning process for all and comments have been mixed. Inland boating guides have received an education in physician’s forms, DOT drug testing procedures, and consortium participation. The guide desk has learned much more about federal DOT law than we ever thought we’d need. Knowledge tests were scheduled in 5 locations around the state last Fall and 39 guides were tested. Since that time we have arranged for the test to be sent to designated County Sheriff’s offices for more local testing, or during business hours in our Salem office. Please contact the guide desk if you need to set up one of these options. Health screenings are conducted by your personal physician or local clinic.

We provide the DOT physical form as a reference for your medical officer, but only require the OSMB Medical Certification form to be submitted back to us. Medical certifications of less than 5 years were not anticipated, but are not unusual. We are coordinating the MPBOC certification expiration to match the medical certification expiration date. DOT 5-panel drug screens are required, but we do not use the Marijuana result. Because this inaugural year requires the actual drug screening, we will not be requiring the drug consortium participation until next year’s renewal period. Make sure you join a consortium at least 60 days before you plan to renew for 2019. Remember, the MPBOC is required for guides without a USCG license who operate a motorized boat carrying passengers on non-navigable waters.

By: Jenny East, Oregon Sea Grant/OSU Extension Service

We’ve all been there. Right in the middle of a hot bite on the water a voice pipes up, “Is there a bathroom on board?” Being the courteous guide that you are, you want your clients to have the best possible experience so you pull up and make the run. Knowing that there is access to facilities nearby can get the attention back on the water as soon as possible. Floating restrooms are one such welcome site, especially for those that enjoy coffee during an early morning fishing trip. 24 have been installed on lakes, bays, and rivers throughout Oregon. If you provide a portable toilet or a bucket on board, 59 dump stations are installed at a number of launch sites, boating facilities, and marinas for easy disposal. A majority of the dump stations are free to use. SCAT machines charge a small fee for disposal. These facilities are available through the Clean Vessel Act (CVA). This grant-matching program is administered by the United States Fish and Wildlife Service Sport Fish Restoration Fund, and distributed locally by the Oregon State Marine Board. (cont’d on Page 3)

MPBOC - 4 months later...

Specialized Information

for the Outfitter Guide

CommunityThe Outfitter Guide newsletter is a bi-annual publication which is the cornerstone of the Outfitter Guide communications program. Its purpose is to cut through the clutter and provide important communications between the OG community and the Marine Board in a rapidly changing program. If you have recommendations or comments, feel free to submit them at: outfitter.guide@oregon.gov .

Guide Advisory Committee MembersGary Early - gary@earlyfish.comJack Glass - jackfish4u@yahoo.comLoren Goddard - fishaffair@mac.comAaron Helfrich - aaron@helfrich.comSteve Mathers - mathers@bendnet.comBob Rees - brees@pacifier.comJoe Rohleder - rohleder@teleport.com Bob Staples - bob@bluemountainadventures.comBrian Sykes - brian@oregonrafting.com

OSMB Staff Randy Henry - (503) 378-2612

randy.h.henry@oregon.govCyndi Bolduc - (503) 378-2633

cyndi.bolduc@oregon.govSandy Lewis - (503) 378-2729

sandra.lewis@oregon.gov

Providing an answer when nature calls

Floating restroom on Lake Billy Chinook in Central Oregon

Spring 2018 3

Report Illegal Guides & Outfitters

503-378-2633

Law Enforcement Update

Recent Disciplinary ActionsName Date Action ReasonJeffry Hunter 10/19/17 Denial Failure to disclose sex offender statusGino Bernero 1/3/18 Conditional Failure to disclose boating violationJon Barker 3/9/18 Conditional F&W violationsMatthew O’Neil 10/5/17 Civil Penalty Failure to list employeeDaniel Zimmerman 10/31/17 Civil Penalty Failure to list employeeCurrently: 13 Outfitter Guide have Suspensions or Denials, 36 are on Conditional status, & 8 Civil Penalties have been paid.

OSP Special Investigation Unit has worked with the Guide desk to investigate and issue citations for 8 Outfitter Guides who submitted applications without disclosing violations in their background. These False Application charges were followed up with the guides being placed on Conditional status. One of the applicants failed to disclose a sex offender conviction which resulted in a denial of their application. SIU investigated a claim that an Outfitter Guide was conducting white water rafting trips on the McKenzie River

with employees who were not registered with OSMB. SIU was able to find multiple photographs of the employee on the river conducting guided trips over a period of time. The investigation resulted in a warning to the guide and a civil penalty of $200. OSP directly contacted several businesses who were apparently unaware of the guide registration requirement. These businesses have since registered with OSMB. Currently there are two denial cases in the Administrative Hearing process. One based on multiple F&W misdemeanor convictions has completed the hearing and is awaiting the judge’s response. The second case will be heard next month and is based on the guide’s suspension of his Wyoming hunting privileges.

Providing an answer when nature calls(con’t.)

I have the opportunity to talk with boaters and fishermen about these facilities and work with marina and facility staff to keep the equipment in working condition. Your input is important to learning where additional facilities are needed and whether there are improvements that would make them more useful to you and your clients. Thanks for doing your part to help keep Oregon’s scenic areas beautiful and encouraging your clients to do the same. To find the nearest dump station, floating restroom, or boat pumpout, check out the interactive map at BoatOregon.com. You can contact Jenny at Jenny.East@oregonstate.edu or (503) 821-1117.

Outfitter Guides are required to register all business names that they do business under (or advertise under) with the Secretary of State’s office. This allows the public to identify the responsible party for a business, and also serves as a clearing house to check whether that name is available to use or is registered by another. In this day and age, social media sites such as Facebook, Insta-gram, Twitter, etc. are considered advertising and your account name should be considered a business name as well. It would be considered false or fraudulent advertising to use a business name with a “.com” after it if you do not have the rights to that name. This practice as well as the practice of “poaching” or respond-ing to potential clients from other guides’ online accounts are considered blatant disregard for the Outfitter Guide Ethical & Professional Standards. Beware of these trends and conduct yourselves accordingly.

Advertising & Social Media

Spring 20184

435 Commercial St NE, Suite 400PO Box 14145

Salem, OR 97309-5065

Phone: (503) 378-2633Fax: (503) 378-4597

outfitter.guide@oregon.govwww.boatoregon.com

Save the DatesApril 18th: BLM’s Lower Deschutes Spring Outfitting, Guiding & Partner Meeting, Prineville BLM 9am - 12 April 21st: McKenzie River Wooden Boat Festival, Eagle Rock Lodge in Vida

April 30th: Charter Informational Meeting, Englund Marine Conf Rm, 880 SE Bay Blvd, Newport 4:00pmMay 1st: Guide Advisory Committee Meeting, Lane Fire HQ, 88050 Territorial Hwy, Veneta 2:00pm July 10th: OSMB Board Meeting in Jackson County, Location TBD

Got Questions? Check out our website: www.BoatOregon.com

NewsletterO utf itter Guide

By the NumbersIn 2017, we ended the year with 1427 Outfitter Guides in Oregon, an increase of 39 over the previous year. Although we added 208 new guides in 2017, 169 registered guides did not renew. As of April 16th, 2018, we have registered an additional 60 new guides for a current total of 1179 active guides. There are approx. 324 guides from 2017 that have not yet renewed their guide registration for 2018.

Did You Know? • Employees - You must list your employees EVERY year. We do not “roll over” employees from one year to the next. Please provide their name, address, date of birth and 1st Aid/CPR expiration dates unless they are an individually registered Outfitter Guide. You can look yourself up on the Boat Oregon Store’s “Online Lookup” to see who is currently listed as your employee. (www.BoatOregon.com/store)• Gift Certificates are Deposits - If you sell gift certificates of more than $100, these would be considered deposits and must be taken into consideration for the Surety Bond requirements. Also, pre-paid fees (whether requested or not) over $100 per person would be considered a deposit requiring you to have a $5000 surety bond on file with the OSMB.