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Marine Board, outfitters seek fee restructuring to resolve interstate commerce issue
Summary
House Bill 2558 would revamp Oregon's outfitter-and-guide registration fees, add a crew-member registration fee and increase penalties; the change aims to address dormant commerce-clause concerns and to provide stable funding for enforcement and program administration.
House Bill 2558 would restructure the registration fee framework for Oregon's outfitter-and-guide program, establish a registration fee for crew members and increase civil penalties for noncompliance, the Oregon State Marine Board told the committee.
"As introduced, the bill restructures fees so that the annual Outfitter Guide registration is the same for an Oregon resident and nonresident," Brian Paulson, boating safety program manager for the Oregon State Marine Board, told the committee. Paulson said the current nonresident fee structure presented an interstate-commerce (dormant Commerce Clause) concern because the program cannot demonstrate a valid burden that justifies charging nonresidents a higher fee.
The Marine Board and the outfitter community developed a dash-1 amendment after outreach. The amendment equalizes resident and nonresident annual registration fees to avoid a Commerce Clause challenge, establishes a charter-guide fee (charter guides face a more comprehensive regulatory framework), creates a separate crew-member registration fee to address employee classification and processing costs, and increases civil penalties for first and subsequent violations.
The board described the program's enforcement component as a substantial portion of program activity and funding. Paulson said the Outfitter Guide Program includes registration (application, proof of insurance, surety bond, employee lists), safety requirements (background checks, first aid/CPR, merchant mariner credentials where applicable) and enforcement such as prosecutions of illegal guiding.
Brian Sykes, president of the Oregon Outfitters and Guides Association and owner of a multi-river rafting company, said the association supports HB 2558 as amended and praised the Marine Board's work to professionalize the industry and fund continued enforcement to curb illegal guiding.
"The proposed amendment is a result of those discussions and adequately addresses our concerns with fees and issues with employee classification, and registration," Sykes said in testimony.
The committee asked technical questions about the scope of the charter-guide definition and state reciprocity with Washington. Paulson said the existing statutory definition referenced specific Pacific Coast navigation points used in other states' definitions and the amendment removes relic language tied to that approach; equalizing fees removes the interstate-commerce problem while preserving public-safety and background-check standards.
Ending: Committee members praised the collaborative work between the Marine Board and the outfitter community; the committee closed the public hearing and signalled the bill would move forward for consideration with the suggested amendment.
