Aquatic invasive species permit...

Alright, update: Ashley, from the OMB, just called me back to let me know that, in fact, she was wrong about all of that. After clarifying with her higher-ups, she said that every person and boat on the water needs their own permit. Awesome. Just awesome.

That makes it all clear and fun.   
I appreciate you taking the time to contact them and try to get a straight answer. 
So, I was under the impression that the "paddler" only had to have the permit, but am I reading that passengers have to have the permit as well?

This particular scam is almost worth causing a revolt against, just to give them something to do.  More and more it looks like they are primarily targeting a specific group, and for what reasons... it would be interesting to find out.

Just found this line of text on their website.

What does this mean for those with manually powered boats (paddlecraft)?

A permit for a manually powered boat (rafts, drift boats, kayaks, canoes, etc.) 10 feet long and longer is issued in the name of an individual, qualifying club or livery. Once the individual has a permit, he/she can use it with any manually powered boat.
An annual permit costs $7 ($5 + $2 agent fee).  NOTE: If purchasing online from ODFW, an additional $2 shipping & handling fee will be applied (total cost: $9).
At least one person on each qualifying, manually powered boat must have a permit.

For example:

If there are three people in a drift boat, only one of them is required to carry a permit.
If there are three people in three kayaks, each individual is required to carry a permit.
The same permit is required for both residents AND non-residents using qualifying manually powered boats.    
Permits are printed on water-resistant paper and easy to carry, similar to a fishing license.

And for SUPs...

What about Stand-Up Paddle Boards (SUP's).  Do they need a permit?


YES. The USCG determined that stand-up paddle boards are considered boats for the purpose of life jacket requirements. Based on this determination, and if the stand-up paddle board is 10 feet or longer, the operator would need to have a permit.

WHAAAAT?!?!   (he must mean the Oregon DOJ)

Subject: Re: Aquatic Invasive Species Prevention Permit FAQ's
From: Paul Walker
Date: Wed, 23 Dec 2009 17:14:57 -0800
To: Randy Henry <randy.h.henry@state.or.us>, "Rep. Nancy Nathanson" <rep.nancynathanson@state.or.us>, "Sen. Chris Edwards" <sen.chrisedwards@state.or.us>, "senator_wyden@wyden.senate.gov" <senator_wyden@wyden.senate.gov>

Is this legal?

Randy Henry wrote:
The Dept of Justice, unbeknownst to us until recently, added a $54 surcharge to all violations to fund their agency. All fines went up accordingly - it was a surprise to us, too. Because these fees are set by the legislature, that will be the amount of fines if violations are assessed.

Randy Henry
Randy.H.Henry@state.or.us
Operations Policy Analyst
Oregon Marine Board
www.boatoregon.com
(503) 378-2611


Paul Walker <p3walker@comcast.net> 12/21/2009 1:10 PM >>>
Please provide legal clarification:

"What if I don't purchase a permit? Law Enforcement Officers will issue warnings for the first few months of the program. After that, they will begin actively enforcing the new law which is a Class D Violation which carries a $142 fine." http://www.oregon.gov/OSMB/programs/09LawsFAQs.shtml

In Summary, House Bill 2220, Ordered by the House June 23 including House Amendments dated April 27 and June 23 states: "Subjects violators to $90 fine." http://www.leg.state.or.us/09reg/measpdf/hb2200.dir/hb2220.b.pdf

If there are three people in a drift boat, only one of them is required to carry a permit.  The permit must be in the name of one of the persons in the boat.
If there are three people in three kayaks, each individual is required to carry a permit in their name.

This thing pisses me off.  I have no problem buying a permit for me or even each of my yaks.  The thing that gets me is if you have one yak  and five people over 14 in your family, you need to spend $35 ($7 X 5) so each can use it. WTF? 

A power boater,which is far more likely to transfer invasive species, only needs one $5 permit and any one can use the boat. 

So, if my brother visits me from Idaho, he has to purchase a $22 non-resident permit. However, he could drive any boat in Oregon registered by anyone in the state of Oregon for free because the owner paid the resident rate when registering their boat.  In theory, 1000s of people could drive the same boat for the 1 $5 fee. This is absolutely stupid!

SECTION 9. Notwithstanding ORS 830.790 (3), fees for issuance and renewal of an aquatic
invasive species prevention permit are as follows:
(1) The biennial fee for a motorboat issued a certificate of number under ORS 830.795 is
$5.
(2) The annual fee for a manually propelled boat 10 feet or more in length is $5.
(3) The annual fee for a motorboat operated by a nonresident is $20.
(4) The annual fee for an operator of a boat livery is:
(a) $30 for an operator who owns 6 to 10 manually propelled boats;
(b) $55 for an operator who owns 11 to 20 manually propelled boats; or
(c) $100 for an operator who owns 21 or more manually propelled boats.

I think I just became the proud owner of a boat livery.  What does it cost to incorporate in Oregon?  $12, right??   

SECTION 9. Notwithstanding ORS 830.790 (3), fees for issuance and renewal of an aquatic
invasive species prevention permit are as follows:
(1) The biennial fee for a motorboat issued a certificate of number under ORS 830.795 is
$5.
(2) The annual fee for a manually propelled boat 10 feet or more in length is $5.
(3) The annual fee for a motorboat operated by a nonresident is $20.
(4) The annual fee for an operator of a boat livery is:
(a) $30 for an operator who owns 6 to 10 manually propelled boats;
(b) $55 for an operator who owns 11 to 20 manually propelled boats; or
(c) $100 for an operator who owns 21 or more manually propelled boats.

I think I just became the proud owner of a boat livery.  What does it cost to incorporate in Oregon?  $12, right??   

OOPS! it went up to $50 to register and a $50 fee payable with your annual report.  So much for saving family members some money.

Alright this is fun.. I emailed OSMB as well and this is what I got back.
BTW - My questions and comments are in bold.  And look at what I highlighted in red from him.  This really doesn't sound like it was well thought out on the grounds of communication to the public.  Seems like they are coming up with new details every time we probe them. 

Re: Invasive Species Permit.‏
From:    Randy Henry (randy.h.henry@state.or.us)
Sent:    Wed 12/23/09 12:05 PM
To:    C C (insayn@hotmail.com)
Hello. Here are some answers/comments to your questions.

>>>Powerboats.... The permit is tied to the boat, and not the person.  Fine.... I get this.  And I will have to pay this fee when I regesiter my power boat.
 
A) Yes, because powerboats already have a registration system in place, this was an extremely efficient way to levy this fee. Virtually no overhead, just a programming switch. No sweat.
 
>>>Human powered boats 10 foot and up..... The permit is tied to the person.  So, let me get this straight.   If I purchase two permits, one for each of my 13+ foot kayaks in my name, then any of my kids, wife, friends, etc can effectively paddle one or more of my kayaks as long as they are carrying "the" permit that is in my name, even if I am not in the kayak with them?
 
A) We just adopted a 14 year minimum age for the requirement. If your kids are 13 or younger, they do not need a permit when using the paddle boat. Like a fishing license, they'll need to purchase it when they are 14. At least one permit needs to be in each boat, and it should be in the name of the holder, like a fishing license. Unlike a fishing license, the holder can just be along for the ride and not operating the vessel. The other option was to adopt a sticker program like Idaho did in April. As the legislative process for this law was not ideal, we had no time to vet the process among the public, so we based this decision on previous discussions with paddle groups who very much opposed vessel registration and preferred the option of a permit you could carry on any boat you choose to operate. Idaho is hearing from people who dislike the sticker program and would prefer a permit program. As directed by the legislature, we will implement the program as best we can using the current model. If after the first year we determine that another option - perhaps a hybrid approach, perhaps the sticker approach - can serve better, we will consider that. As this is a new program, I suspect there will be modifications to the way it's delivered. The key concern isn't how the fees are raised, it's adequately funding an effective prevention effort.
 
>>>Human powered boats 10 foot and up..... Who figured, how was it determined, and why was there a limit put on the boat length?  There are probably more fishing float tubes, pontoon boats and white water kayaks all under 10 feet going from water body to water body than any other craft out there.  I strongly feel you are missing two things by not including them.
     1. Additional revenue.
     2. Those folks are not contributing to the fix, yet very well could be contributing to the cause.  Makes no sense.  If it makes sense to you, please enlighten me.
 
A) Because the Marine Board was tasked with funding and implementing this program, and because recreational boats are viewed as the primary vector (certainly not the only vector), then boats were deemed to be the revenue source. I would absolutely agree that other waterway users should contribute more, but that's not what HB 2220 did, and we can only operate within the confines of the legislation.
 
In addition, we were directed to use Idaho's program as the basis for this program. Thus we started with their numbers: the 10' length was chosen by Idaho because it leaves out pool toys and less seriously used craft. In Oregon float tubes are exempt form consideration as a boat so we wouldn't be able to charge them a fee under our statutory authority. We have no jurisdiction over waders, anglers, rc boats, etc. In the original bill, out of state anglers would have provided some of the funding, and general fund the rest. Those revenue sources were dropped because of the economy. Other contributors, from my perspective, include the aquarium/pet industries who brought us many of the aquatic weeds we now struggle with, as well as many of the invasive fish; commercial shippers who inadvertantly bring things in via ballast water, hull fouling or freight (that's how zebra/quagga mussels came to the US; the bait industry and science education supply houses who have provided the invasive crayfish now in many northwest rivers and streams.... The list goes on and on. In addition, the hydropower industry, irrigators and others stand to lose the most if some of these critters arrive. They should, and do to an extent, participate in prevention efforts. Boaters alone should not be saddled with this.
 
 
 

Randy Henry
Randy.H.Henry@state.or.us
Operations Policy Analyst
Oregon Marine Board
www.boatoregon.com
(503) 378-2611

damn, i'm hatin this more and more.. btw, don't think i'm gonna be fishin in oregon any more. at least not from my yak. hell , things keep going the way they are, everything will be mpla'd/mpr'd/restricted whatevers and i wont have ta worry bout it cause aint none of us gonna be able to fish. cause it's all gonna be regulated out of existence.

just got done looking at some north east and east coast boat rules on yaks, and in penna. for example, you have to have a DCNR 15$ decal, and then a PFBC ( fish and boat commission) usage permit, which is another $10. for a total of $25.00... these are non transferrable, it stays with the boat and is only valid with legal owner except if you are using a livery boat of some type.....oh, and there are special launch and use permits depending on location...gawds ya gotta love the tax and spend commonwealth states.

also, there seems to be no minimum length requirement for registration, you are subject to two different, conflicting sets of rules by 2 different commissions, plus subject to local L.E.O. arbitrary inspections.. oh, and on the boater site, it lists all the registration fees for bringing your yak into line with the regs...so far i've counted it up at $128.00 before you are allowed to apply for the two commission permits... the list is so long, i wonder why anyone even bothers there with even buying a yak.. no wonder my baby brother got out of the penna legislature... there isnt any common sense in rule making.

this is just a sample;
http://www.fish.state.pa.us/fishpub/summary/z05requirements_law.pdf

Yeah, I don't understand why if it was so easy to just turn this new permit on with the power boats and only requiring it every two years, why they had to arbitrarily make human powered pay every year?  All they have to do is change the "Valid Until" date to next year when it is printed out.  It's not like it takes any more work or resources to print the tag out either way. 


DTS, you reading this?  You're getting a break here buddy!   14 years and under are exempt.

Another thing:  Why can't I just pay online and print it out without having to pay the 40% "tax" (vendor fee, or if purchased online, a shipping and handling fee). Or, if you are going to charge a $2 fee to pay a $5 fee, at least let me purchase it for multiple years at one time.  I am just glad that the county doesn't charge me a 40% fee to pay my real estate taxes, or Uncle Sam when I pay income tax.  Next, will there will be a $1 fee for the $2 fee on the $5 fee. 

Very few states that I have fished in did I have to pay a fee to the license vendor.  They made money off me because I bought items from them when I purchased my license at their store.

Sorry for the rant!
 

Another thing:  Why can't I just pay online and print it out without having to pay the 40% "tax" (vendor fee, or if purchased online, a shipping and handling fee). Or, if you are going to charge a $2 fee to pay a $5 fee, at least let me purchase it for multiple years at one time.  I am just glad that the county doesn't charge me a 40% fee to pay my real estate taxes, or Uncle Sam when I pay income tax.  Next, will there will be a $1 fee for the $2 fee on the $5 fee.  

Very few states that I have fished in did I have to pay a fee to the license vendor.  They made money off me because I bought items from them when I purchased my license at their store.

Sorry for the rant!

Quite alright mate. Believe me, I totally understand. If we don't pay the 40% vendor surcharge on top of the multiple user fees, we hafta pay the 59% DoJ surcharge on top of the OMB fines! In the mean time, They let career criminals out of jail to steal from us so the state can save money so they can hire more people to take more of our money & suck a little more fun out of our lives

They don't know what's going on just yet because this is a knee jerk reaction. Planning and implementation was pretty quick. I'd be surprised if anyone gets ticketed anytime soon.  Something like this will take at least 6 months of patrolling and education, if not more. Enough complaints this year and it might get dropped all together.

They let career criminals out of jail to steal from us so the state can save money so they can hire more people to take more of our money & suck a little more fun out of our lives

I don't agree with letting criminals out of jail early, but they either have to save that money, or raise taxes.  With property values down, property tax revenue is in the dumps.

Another thing:  Why can't I just pay online and print it out without having to pay the 40% "tax" (vendor fee, or if purchased online, a shipping and handling fee). Or, if you are going to charge a $2 fee to pay a $5 fee, at least let me purchase it for multiple years at one time.  I am just glad that the county doesn't charge me a 40% fee to pay my real estate taxes, or Uncle Sam when I pay income tax.  Next, will there will be a $1 fee for the $2 fee on the $5 fee. 

Very few states that I have fished in did I have to pay a fee to the license vendor.  They made money off me because I bought items from them when I purchased my license at their store.

Sorry for the rant!
 

Larry Englund (Englund Marine) sits on the ODFW board. This has always seemed fishy to me.

Alright this is fun.. I emailed OSMB as well and this is what I got back.
BTW - My questions and comments are in bold.  And look at what I highlighted in red from him.  This really doesn't sound like it was well thought out on the grounds of communication to the public.  Seems like they are coming up with new details every time we probe them. 

We have no jurisdiction over waders, anglers, rc boats, etc.
 
 
 

That's what I was wondering; Are they going to get you for wearing clothes & picking up invasive pollen from walking outside?

All I've heard is I have to regis  my info with them and give them some money. I've heard nothing of education & prevention.