OSMB proposed changes to boat operation on the Willamette

the public comment event was yesterday in Wilsonville, I'm curious if anyone attended. 

written comments can still be submitted until Jan 13, they can be e-mailed to June LeTarte at june.letarte@oregon.gov.

I have focused mine on the angling aspect of the restriction since I think this is enough to get section '7' removed or modified:

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I would like to express my opposition to including this section of the proposed rulemaking titled “Boat
Operation on Willamette River in Clackamas, Marion and Yamhill Counties”:

(7) Except for the purposes of crossing the Willamette River, a person operating a nonmotorized
boat from May 15 to September 15 between river mile 30 and river mile 50 must
remain within 100 feet of the shoreline during the following times:¶
(a) Between the hours of 3 p.m. and sunset Monday through Friday.¶
(b) Between the hours of 12 noon and sunset on Saturdays and legal holidays.¶

I believe that the above section of the proposed rule restricts angling over a 1.1 square mile area of the
Willamette river (300’ center over 20 miles) to only motorized boats. I further assert that this exceeds
the authority of the OSMB and could subject the proposed rule change to a legal challenge.

I would like to suggest the following options be considered by OSMB:
1- Delete the above item 7 from the proposed rule, it should never have been included in the first
place.
2- Add the word ‘angling’ so that it reads “Except for the purposes of angling or crossing the
Willamette River,…”
3- To eliminate the angling inequality between motorized and non-motorized boats, OSMB could
request that ODFW close the Willamette river to all angling from any floating device, during the
dates and times specified, between river miles 30 and 50 except within 100 feet of the
shoreline.

Although the purpose of this proposed rule is clearly not to cause angling inequality between different
classes of watercraft, the result would certainly be to do just that. The statement “Except for the
purposes of crossing..” instructs that a non-motorized boat angling the river by trolling in or across the
center of the river would be in violation of the new rule, since their purpose is clearly angling and not
just crossing the river.

Please delete item 7 from the proposed rule, leave non-motorized boats out of a solution to a problem
that they do not contribute to, and solve the issues being addressed by OSMB by regulating the
operation of the boats that cause the problem.
------------------

Thanks Roger!

I just sent an email as well and believe the more people that oppose this section of the rule the better.

Send an email to  June LeTarte at june.letarte@oregon.gov

I sent an e-mail but I took a somewhat different tact.  What about a bright line rule that gives wake boarders and ballast tank power boats exlcusive use of the middle of the river between say 11am and 5pm, and excludes them at all other times.

We're not going to make everybody happy, but the conflicting use is a problem that isn't solved by the proposal and all of the burden falls on non-motorized craft.  Having exclusive use of the river morning and night would be nice.

I sent an e-mail but I took a somewhat different tact.  What about a bright line rule that gives wake boarders and ballast tank power boats exlcusive use of the middle of the river between say 11am and 5pm, and excludes them at all other times.

We're not going to make everybody happy, but the conflicting use is a problem that isn't solved by the proposal and all of the burden falls on non-motorized craft.  Having exclusive use of the river morning and night would be nice.

I would prefer less restrictions.  In my opinion, we shouldn't be giving anyone motorized on non motorized boats exclusive access. 

I sent an e-mail but I took a somewhat different tact.  What about a bright line rule that gives wake boarders and ballast tank power boats exlcusive use of the middle of the river between say 11am and 5pm, and excludes them at all other times.

We're not going to make everybody happy, but the conflicting use is a problem that isn't solved by the proposal and all of the burden falls on non-motorized craft.  Having exclusive use of the river morning and night would be nice.

I would prefer less restrictions.  In my opinion, we shouldn't be giving anyone motorized on non motorized boats exclusive access.

In my experience in conflict resolution, when someone is seeking exclusive access, or in this case relatively exclusive access, to a thing without giving up something in return, then countering with a mutual exclusion is the best next step.  It just as often as not results in maintenance of the status quo because nobody likes to be excluded from a place or thing that they enjoy.  Either one would be better than the ask.

The Notice claims authority for this rule flows from ORS 830.195 which reads, in full:

830.195 Board to protect traditional boating uses and prevent user conflicts. In addition to any other authority to regulate boating activities pursuant to this chapter, the State Marine Board may regulate and restrict boating activities to protect traditional boating uses and to prevent boating user conflicts. [Formerly 488.880]

Wake-boarding doesn't seem to be "traditional boating uses" to me, but I'm a policy and procedures wonk.  My concern would be the possibility OMSB might be over-reaching here, and that could set a bad precedent in the future.
 

Just received this in the mail.

Interested Parties:

The Marine Board is soliciting written comments on a petition received on March 25, 2019, regarding the recent administrative rules (OAR) adopted affecting boat operation in the Newberg Pool on the Willamette River.  Petitioners are asking the Marine Board to:

“repeal the recent Amendments made to OAR 250-020-0032 Boat Operations on the Willamette River in Clackamas County and OAR 250-020-0385 Boat Operations in Yamhill and Marion Counties.”  The petition is also requesting “that the rules should revert (be restored) to the rules and wording that was in place prior to the amendments passed on Jan 22, 2019 and filed on Jan 29, 2019”. 

Written comments can emailed, faxed, or sent by US post,  to:
June LeTarte
Rules Coordinator
435 Commercial St NE
Salem, OR 97301
Fax: 503-378-4597
Email: osmb.rulemaking@oregon.gov

The Public Comment Period closes at 5:00 pm on May 17, 2019.  Comments must be received prior to the closure time/date to be considered.   

You can view an electronic copy of the entire petition online at:

https://www.oregon.gov/osmb/info/Documents/OSMB_Petition_2019_03_25.pdf

The Board will consider the Petition at its June 18, 2019, Board Meeting, Salem, Oregon.

Sincerely,

June LeTarte