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Oregon Legislative Heads Up
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Anthony

Since 07 Oct 2008
286 Posts
Salem
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PostWed Mar 01, 17 11:19 am    Oregon Legislative Heads Up Reply with quote

I just attended a Transportation Committee meeting in the Oregon State Capital this morning. I was there to see what was happening with HB 2320 with my whitewater kayaking. What I learned was this bill effects SUPs, windsurfers and kiteboarders. (In talking with the public affairs person for the Marine Board.) You can download the bill info at http://gov.oregonlive.com/bill/2017/HB2320/

You will be required to have $12 yearly permit to operate on Oregon Rivers and Lakes. If you at the Hatchery and travel to the Oregon side you are required to have one. I could explain more, but read the bill and figure out what it means to you.

Anthony

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snowbunny

Since 05 Nov 2013
23 Posts

 



PostWed Mar 01, 17 2:03 pm     Reply with quote

Not sure if i read this correctly, but it also looks like a marine-board approved PFD would be required or pay penalty of a $30 fine...

not sure how many impact vests actually would qualify as Type III/V but this might require some new gear purchases (and design) if rigidly enforced.

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ldhr

Since 21 Jul 2009
748 Posts
Hood River
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PostWed Mar 01, 17 2:30 pm     Reply with quote

I think it's an expansion of the current program where you need an invasive species permit.
I think it only applies to craft larger than 10 feet - so it really doesn't apply to kitboarding.
From the bill -
A person may not operate a [manually propelled] nonmotorized boat that is 10 feet
or more in length or a motorboat on the waters of this state without first obtaining an aquatic
invasive species prevention permit from the State Marine Board under ORS 830.570.


Also - they seem to distinguish between boats (non motorized boats) and surf boards (non motorized craft). The fees only apply to non motorized boats - not crafts.

They're definitely trying to apply PFD rules to kiting though.... Requires person using non motorized craft on river or stream to wear life jacket. Punishes by
maximum fine of $30.


I can't imagine the HR county sheriff enforcing that. They don't enforce the existing rules for PFD on a SUP - at least I've never heard on anyone getting busted.

Last edited by ldhr on Wed Mar 01, 17 3:22 pm; edited 1 time in total

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Da Yoda

Since 12 Mar 2009
49 Posts

 



PostWed Mar 01, 17 3:08 pm     Reply with quote

It looks like this bill wants override the USCG rules for crafts such as windsurf boards which are currently exempt from having to wear or carry a pfd. For kiters and SUPers, the CG rules currently require you to be "carrying" a pfd, not to be "wearing" one. This bill looks to be overriding the CG rules requiring ALL including windsurfers to be WEARING a pfd (Section 11/1).
(Section 1/9b for Non motorized craft defintion).

Currently there's no company that I'm aware of that offers a CG certified vest that's also waist harness compatible. The closest I know of is the Promotion Kite vest at 12-13lbs of floatation. Quatic's inflatable surf vest may fit under a harness, but I'm not sure if a harness would impair the inflation process.

CG Type3 foam vests are rated at 15.5lbs of floatation, which is only ideal for calm water conditions. When it's windy, water is not calm, so a Type3 is really not ideal for wind related sports. The one exception is an inflatable Type3 vest is rated at 22lbs which is the same rating as a Type1 foam vest, so that would be more ideal for turbulent water conditions.
Most impact vests are rated at or under 10lbs of floatation, so they provide nearly no protection unless you're a small kid or in very calm conditions and near shore.

Looks like a new CG PFD will definitely be in need. If it works with a harness, Quatic's Surf vest could be the hot new item moving forward since it's currently the lowest profile, CG approved vest for Type1-3 conditions...
https://www.quaticapparel.com/inflatable-surf-vest/

Last edited by Da Yoda on Mon Mar 06, 17 8:42 pm; edited 2 times in total

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Anthony

Since 07 Oct 2008
286 Posts
Salem
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PostWed Mar 01, 17 4:02 pm     Reply with quote

It is a confusing bill. I had the PR person from the Marine Board explain this to me. Kiteboarding, Windsurfing and Sups would not require a PFD. They would require an individual user fee for that person once a year. My Opinion: They take your money and all you get are the Keystone Cops at the event site. May I be sipping a beer at floating restaurants when that happens. The Splash and Giggle (air mattress, pool toys and, inner tubes) people will now require a PFD, but no individual user fee.

If anybody can think of a benefit to kiteboarding community, please post it. I am told that 67% of money will go to enforcement. A bill like this have come up before in past legislative sessions.

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user124

Since 02 Aug 2012
198 Posts
Portland
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PostWed Mar 01, 17 4:54 pm     Reply with quote

Anthony wrote:
. I am told that 67% of money will go to enforcement.


Agree this sounds pretty silly. I'm not necessarily opposed to paying user fees to support our activities on the water. But I can't see how $12/yr per person helps anything. Just the administrative costs to collect and process such a small fee have to account for 25-50%.

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ldhr

Since 21 Jul 2009
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Hood River
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PostWed Mar 01, 17 6:56 pm     Reply with quote

OMG $12.00!
I'll have to skip my morning latte and craft beer for like one day to pay for that.
Wait - is that per board? Shocked Shocked Shocked

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kassak

Since 18 May 2010
52 Posts

 



PostWed Mar 01, 17 10:05 pm     Reply with quote

These bad boys are type v uscg approved pfd. They are super stylin!!

https://www.amazon.com/Stearns-Puddle-Jumper-Basic-Jacket/dp/B01EJ393K6

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Matt V

Since 26 Oct 2014
225 Posts
Summer- OR Coast, Winter - My van near good snow
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PostThu Mar 02, 17 7:13 am     Reply with quote

I am happy to pay a fee for a service. Should something be provided for me, I will pay for it, or decide to forgo the item or service.

So what service is this going to to toward? Law enforcement? What is the big enforcement issue that these fees will go to provide? Are there illegal kiteboarders and kayakers out there? Where would they be doing this activity illegally that law enforcement currently lacks the resources to enforce?

I guess I just do not kayak in a place with lots of illegal kayaking. I guess I do not kite in a place with lots of illegal kiting. And have you ever heard of illegal row boating?

Can some one explain this too me?

Or am I right in feeling that this is just another legislative drive to create a new revenue stream. And once you get a government hooked on a revenue stream, it is impossible to get them off that crack.

Unfortunately I have been facing this stuff all my life. What this inevitably turns into is an initiative 2-3years down the line where they want to up the fee. It will be sold as a change where a percentage (probably and effective .02%) that will be put into kite, row boat, and kayak access to a 3" deep mountain stream. The price increase for this added benefit to the law? Most likely the cost of the permit will go from $12 to $18 with $5 per year preset increases.

Guess I strongly oppose this one. I will try my best to dissect the proposal and throw some highlights up soon.

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Nak

Since 19 May 2005
3472 Posts
Camas
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PostThu Mar 02, 17 8:55 am     Reply with quote

A lot of good points here. There are always unintended consequences to new legislation. Many state legislators mean well but are completely ignorant of the activities their bills affect. Remember the proposed Florida law that would have required on observer in addition to the rider on a kite board? Regardless of the intent of the legislators, it is what is written in the bill that will get enforced after it is passed. Call your representative and voice your opinion BEFORE a bad law gets passed.

I absolutely believe that river users should pay to help cover the costs of river patrols and river preservation. However, this bill is beyond stupid. There is already a similar program to help cover mountain costs and it works well. Why reinvent the wheel? Have they never heard of a Snowpark pass? Why not a Riverpark pass?

Edited to remove statements that could be used against kiteboarders by greedy politicians.

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Last edited by Nak on Sat Mar 04, 17 8:45 am; edited 1 time in total

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Nak

Since 19 May 2005
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PostThu Mar 02, 17 9:05 am     Reply with quote

Edited to remove statements that could be used against kiteboarders by greedy politicians.
_________________
Stay away from the jumping seals!

The CGKA is your advocate for Kiteboarding in the Gorge!

http://www.gorgekiter.com/join

Last edited by Nak on Sat Mar 04, 17 8:46 am; edited 1 time in total

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jaksavage

Since 02 Dec 2009
174 Posts
hood river
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PostThu Mar 02, 17 11:52 am    Marine board Reply with quote

Hi all,
Good thread and all your thoughts are valuable.

A few notes about marine patrols.
The sheriff is stretched way too thin due to mountain and river rescue and enforcement.
The Port of Hood River gives about 10 thousand dollars a year to the sheriff to get more patrol time @ the event site.
With our ever increasing crowds we have more rule breakers and people needing rescue.
The sheriff does enforce lifejacket rules on SUP's.
The sheriff does warn and ticket kiters who boost inside the buoys @ the event site.
The sheriff pulls many struggling folks out of the water yearly including a very experienced woman kiter who wrapped the buoy in front of the wonderbar.( close to drowning)
The sherrif must have a driver and an assistant to operate the boat.
All the non motorized watercraft don't pay any fees to state marine board.
Fishing and other motor boats do pay fees.
Marine board provides most of the funding for on water patrols(lakes and rivers).

Yes government entities are looking for revenue streams, because for the last 40 years we have been cutting the federal budgets of everything, except defense, in order to reduce taxes for the top 5%, and all departments are struggling to survive.( except defense).

I don't have any input on lifejackets. Although a few deaths I am aware of with windsurfers might have been avoided with a helmet and lifejacket.

Hope this adds some more light to the discussion.

Rich McBride
Port commissioner til June 30(2 or 3 open seats available, run for office, it is fun and super interesting) contact county elections office soon.
County commissioner

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jaksavage

Since 02 Dec 2009
174 Posts
hood river
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PostThu Mar 02, 17 5:29 pm    Also Reply with quote

Buy a duck stamp every year at the post office.
It is money targeted toward wetlands improvement.
Not just for hunting purposes.

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HRnico

Since 22 Mar 2008
217 Posts
Da Hood
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PostThu Mar 02, 17 9:01 pm    Leave me alone Reply with quote

If you vote for these big gov, nanny state political types. They will never leave us alone. Theey just want more money to buy more votes. I will be sending comments to the HR Reps, we all need to as well.
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Matt V

Since 26 Oct 2014
225 Posts
Summer- OR Coast, Winter - My van near good snow
Explosive Diarrhea



PostFri Mar 03, 17 7:00 am    Re: Marine board Reply with quote

jaksavage wrote:
Hi all,
Good thread and all your thoughts are valuable.

A few notes about marine patrols.
The sheriff is stretched way too thin due to mountain and river rescue and enforcement.
The Port of Hood River gives about 10 thousand dollars a year to the sheriff to get more patrol time @ the event site.
With our ever increasing crowds we have more rule breakers and people needing rescue.
The sheriff does enforce lifejacket rules on SUP's.
The sheriff does warn and ticket kiters who boost inside the buoys @ the event site.
The sheriff pulls many struggling folks out of the water yearly including a very experienced woman kiter who wrapped the buoy in front of the wonderbar.( close to drowning)
The sherrif must have a driver and an assistant to operate the boat.
All the non motorized watercraft don't pay any fees to state marine board.
Fishing and other motor boats do pay fees.
Marine board provides most of the funding for on water patrols(lakes and rivers).

Yes government entities are looking for revenue streams, because for the last 40 years we have been cutting the federal budgets of everything, except defense, in order to reduce taxes for the top 5%, and all departments are struggling to survive.( except defense).

I don't have any input on lifejackets. Although a few deaths I am aware of with windsurfers might have been avoided with a helmet and lifejacket.

Hope this adds some more light to the discussion.

Rich McBride
Port commissioner til June 30(2 or 3 open seats available, run for office, it is fun and super interesting) contact county elections office soon.
County commissioner


Thanks for your input and it is helpful to have someone on the opposing side to debate with.

As far as the Sheriff being "stretched way too thin"- that is pretty much every where that there is not a cop on every street corner or every square block of utilized water resourse. Anyone can say that about anything. Please back that up with some stats, a study or two, or even a small number of similar instances where a deputy was unable to make it to a call that day. Any instance of a rescue that went bad because the Sheriff could not find some one to drive the boat and ride with him?

As far as the $10,000 that the port pays, what is the resulting economic benefit of the site with regards to the jobs, property tax, and business taxes it provides to the local area? Is it around that $10,000, or would we be adding some zeros to that number?

Of the incidences of rule breakers and rescues I have witnessed, all were settled by kiters on the spot. No need for a deputy to show up. I am aware this is a small sample size as I typically kite elsewhere, but maybe others could chime in on this as well. Is this money going to go toward having a Sherrifs deputy given kiteboard experience and being out on the water with the kiters? Or just one on shore? Or just more drivers and assistants?

Non motorized boats are typically owned by lower income fishermen. Motorized boats requiring a perfect boat ramp are typically owned by higher income water users. Thus a progressive system of taxation already exists for outdoor public resource users. In kiteboarding, there is a wide range of incomes from lowest (groms, students, and probably me), to big spenders from out of town. With this new use fee, the highest income "speed boat" owners would pay a similar dollar ammount as a retired fisherman in a row boat. The big difference would be in percentage of income that is goes to the state as a result of the different fees. I am pretty sure that the retiree would be paying a higher percentage of their income to the state. This is not very progressive. Though I am sure it is tempting for the government to get their hands on a share of all of those retiree's income.

Row boaters and kiteboarders pay little to no use fees, mostly at natural or mostly unimproved launches, because we do not utilize high dollar government provided improvements. Of the improved sites that exist under private or public control (i.e. the Event Site), how many current users would like to make it free to the public and thus inundated with users and beach goers? Paying for use in this situation can be a good thing as it restricts some users who would actually cause overcrowding. But a free for all public spot can actually lead to eliminating the windsurfing and kiteboarding activities that they were created for. So while improvements can be made to allow kiting or windsurfing (Arlington), typically private money funds these endeavors. How much could we expect of these revenues to be put into the project at Arlington? Will the Event Site become (a) "free for all" with revenues generated from this new legal authority granted to the state board?

And as far as the life jacket rule, many think it has merits on the river. Those opposed to requiring life jackets would cite the lack of regular instances where not having a life jacket was blamed for a kiter drowning. But a life jacket rule has the potential to kill people in the surf. This is a dangerous piece of legislation for that fact alone. Please at least make sure that you oppose any legislation that could endanger lives. The additional revenue for law enforcement and non-profits "chosen" by the board to carry out studies and improvements is not worth it. As for me, I am still of the opinion that this bill is a solution to a problem that does not exist.

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Last edited by Matt V on Sun Mar 05, 17 8:48 am; edited 3 times in total

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Anthony

Since 07 Oct 2008
286 Posts
Salem
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PostFri Mar 03, 17 9:02 am     Reply with quote

I have added a link for you to see the letters and testimony.
https://olis.leg.state.or.us/liz/2017R1/Committees/HTP/2017-03-01-08-00/HB2320/Details

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Matt V

Since 26 Oct 2014
225 Posts
Summer- OR Coast, Winter - My van near good snow
Explosive Diarrhea



PostFri Mar 03, 17 11:47 am     Reply with quote

Anthony wrote:
I have added a link for you to see the letters and testimony.
https://olis.leg.state.or.us/liz/2017R1/Committees/HTP/2017-03-01-08-00/HB2320/Details


Gold mine for some good laughs! I just read Aaron Zettler-Mann's statement.


He states:


They assess fees for the use of public spaces on the non-motorized users of Oregon waterways indiscriminately, based on potential use anywhere within the state.
A comparable fee would be a ‘hiking boot fee’ to fund education on not getting lost.
And a second, ‘muddy boot ’fee to ensure mud and invasive species to not travel between locations."

Frickin funny!

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