Tribal Code

Tribal boating

WARM SPRINGS TRIBAL BOATING CODE

CHAPTER 312

TABLE OF CONTENTS

I. GENERAL PROVISIONS
312.010 Definitions

II. BOATING OFFENSE PROCEDURES
312.100 Jurisdiction of Tribal Courts and State Courts
312.105 Venue for Boating Offenses
312.110 Authority of Police Officer to Arrest or Issue Citations
312.115 Uniform or Badge Required
312.120 Seizure of Equipment
312.125 Putting up Bail
312.130 Boating Citation Requirements
312.135 Appearance by Defendant
312.140 Effect of Statement In Explanation or Mitigation
312.145 Hearing Date; Action for Failure to Appear
312.150 Discretionary Hearing
312.155 Hearing; Burden of Proof
312.160 Appeal
312.165 Promulgation of Rules by the Chief Tribal Court Judge

III. PENALTIES
312.200 Boating Infractions – General
312.205 Classification of Boating Infractions
312.210 Fines for Boating Infractions
312.215 Boating Crimes
312.220 Trial Judge’s Authority to Order Suspension of Boating Privileges

IV. OBEYING POLICE
312.300 Failing to Obey Police Officer; Penalty
312.305 Fleeing or Attempting to Elude Police Officer; Penalty

V. EQUIPMENT REQUIREMENTS
312.400 Operating Improperly Equipped Boat Prohibited
312.405 Personal Flotation Devices; Rules
312.410 Fire Extinguishers
312.415 Lights
312.420 Sound Signaling Devices
312.425 Carburetors
312.430 Ventilation Systems
312.435 Muffling Devices

VI. BOATING OPERATIONS
312.500 Operating Boat in Violation of Chapter Prohibited
312.505 Operation of Motorboat by Person 12 to 15 Years of Age
312.510 Operation of Motorboat by Person 16 Years of Age or Older
312.515 Exemption From Requirement to Obtain Boating Safety Certificate
312.520 Boating Safety Certificate Required to Operate Motorboat
312.525 Unsafe Operation
312.530 Reckless Operation; Speed
312.535 Operating Boat While Under Influence of Intoxicating Liquor or Controlled Substance
312.540 Liability of Owner for Negligent Operation of Boat
312.545 Operator to Maintain Lookout
312.550 Navigation Rules
312.555 Boating Lanes; Swim Areas
312.560 Overloading
312.565 Riding on Bow, Gunwale or Transom
312.570 Waterskiing, Surfboarding and Similar Activities
312.575 Mooring to Buoys and Beacons; Defacing or Destroying Navigational Markers
312.580 Police Officer Authority to Require Operator to Remedy Especially Hazardous Condition
312.585 Person Required to Remedy Especially Hazardous Condition

VII. ACCIDENTS
312.600 Duties of Operators and Witnesses at Accidents
312.605 Accident Report Required; Rules
312.610 Form of Report
312.615 Confidential Nature of Report
312.620 Report of Accident Resulting in Death or Disappearance; Duties of Passengers

VIII. BOATING UNDER INFLUENCE OF INTOXICANTS
312.700 Implied Consent to Chemical Tests for Intoxicants; Refusal to Submit; Consequences
312.705 Chemical Evidence of Use of Intoxicants
312.710 Implied Consent to Field Sobriety Tests for Intoxicants; Refusal to Submit
312.715 Evidence of Refusal to Submit to Test in Legal Proceeding
312.720 Police Report of Refusal
312.725 Suspension for Refusing Breath Test; Notice of Suspension

IX. ABANDONED BOATS
312.800 Abandoning Boat Prohibited
312.805 Taking Abandoned or Disabled Boat into Custody
312.810 Notice to Owner
312.815 Owner Reclaiming Boat
312.820 Sale of Boat if not Reclaimed

X. NON-TRIBAL MEMBER ACCESS TO WATERS WITHIN THE EXTERNAL BOUNDARIES OF THE WARM SPRINGS RESERVATION
312.900 Reservation Waters Closed to Non-Tribal Members 21
312.905 Waters Within the External Boundaries of the Warm Springs Reservation Open to Non-Tribal Members,
Subject to Applicable Regulations

WARM SPRINGS TRIBAL BOATING CODE

CHAPTER 312

I. GENERAL PROVISIONS

312.10 Definitions.

For purposes of WSTC Chapter 312 the following definitions apply:

  1. “Bail” means money or its equivalent deposited by defendant to secure his appearance for a Boating Offense.
  2. “Boat” means every description of watercraft, including a seaplane on the water and not in flight, used or capable of being used as a means of transportation on the water, but does not include air mattresses, beach and water toys or single inner tubes.
  3. “Boating Offense” means violation of any provision of law that is made a Crime or infraction under the provisions of this chapter.
  4. “Boating Safety Certificate” means a Boating Safety Certificate issued by the Confederated Tribes of the Warm Springs Reservation of Oregon or by the state of Oregon.
  5. “Indian” means a member of the Confederated Tribes of the Warm Springs Reservation of Oregon, or any other person of Indian blood who is a member of a federally recognized Indian tribe or any other person on the Reservation who is recognized by the community as an Indian, including a Canadian Indian and Alaska native.
  6. “Length” means the length of a Boat measured from end to end over the deck excluding sheer.
  7. “Motorboat” means any Boat propelled in whole or in part by machinery, including Boats temporarily equipped with detachable motors.
  8. “Operate” means to navigate or otherwise physically control a Boat.
  9. “Owner” means the person having all the incidents of ownership in a Boat or where the incidents of ownership are in different persons, the person, other than a security interest holder, or lessor, entitled to possession of a Boat.
  10. “Passenger” means every person on board a Boat who is not the master, operator, crew member or other person engaged in any capacity in the business of the Boat.
  11. “Police Officer” means a member of the Police Department of the Confederated Tribes of the Warm Springs Reservation or any other person authorized by Tribal Council or by Tribal law to enforce the provisions of this chapter.
  12. “Reservation Waters” means, for purposes of this Chapter, those waters located within the official Pelton Round-Butte boundary within the confines of the Warm Springs Reservation of Oregon.
  13. “Right of Way” means the right of one Boat to proceed in a lawful manner in preference to another Boat approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
  14. “State Court” means a circuit, district or justice court or magistrate of the State of Oregon.
  15. “Superintendent” means the superintendent of the Warm Springs Indian Reservation.
  16. “Tribal Court” means the Tribal Court of the Confederated Tribes of the Warm Springs Reservation of Oregon located in Warm Springs, Oregon.
  17. “Tribes” means Confederated Tribes of the Warm Springs Reservation of Oregon.

II. BOATING OFFENSE PROCEDURES

312.100 Jurisdiction of Tribal Courts and State Courts.

  1. Indians. (a) Reservation Lands. The Tribal Court shall have jurisdiction over all Boating Offenses committed by Indians on Reservation Waters.
  2. Non–Indians. (a) Boating Infractions. Tribal Court shall have jurisdiction over Boating Infractions committed by non–Indians on Reservation Waters. The enacting authority expressly determines that the actions of non–Indian Boating offenders directly impact upon the health, safety, and welfare of tribal members and Reservation residents, and affect the ability of the tribal government to carry on its operation in an orderly manner. (b) Boating Crimes. Oregon State courts shall have jurisdiction over Boating Crimes committed by Non-Indians on Reservation Waters. Any such Crime committed by a Non-Indian within the boundaries of the Reservation shall also constitute a Class A Boating Infraction under this Chapter.

312.105 Venue for Boating Offenses.

  1. Indians. Venue for all Boating Offenses committed by Indians on Reservation Waters shall be in the Tribal Court.
    (2) Non–Indians. (a) Boating Infractions. Venue for Boating Infractions committed by Non– Indians on Reservation Waters shall be in the Tribal Court. (b) Boating Crimes. Venue for Boating Crimes committed by Non–Indians on Reservation Waters shall be the appropriate state court in the county in which the offense was committed.

312.110 Authority of Police Officer to Arrest or Issue Citations.

  1. Within Jurisdiction. A Police Officer as defined in this chapter may issue a citation to a person for a Boating Offense at any place within the territorial jurisdiction of the governmental unit by which he is authorized to act. In the case of a Boating Crime, the Police Officer may also arrest.
  2. Outside Jurisdiction – Hot Pursuit. A Police Officer may issue a citation to a person for a Boating Offense at a place outside the territorial jurisdiction of the governmental unit by which he is authorized to act, if: (a) A Boating Offense was committed in his presence at a place within the territorial jurisdiction of the governmental unit; and (b) The Police Officer immediately pursues the person who committed the Boating Offense; and (c) The Police Officer arrests or cites the person immediately upon the conclusion of a continuous pursuit. (d) The Police Officer may also arrest in the case of a Boating Crime.

312.115 Uniform or Badge Required. Any Police Officer attempting to enforce the Boating laws of this Reservation or the State of Oregon shall be in uniform or shall conspicuously display official identification showing his lawful authority.

312.120 Seizure of Equipment. Equipment used in connection with any Boating Offense prohibited by this Chapter including, but not limited to, boats, boating gear, fishing gear, trailers and motor vehicles, may be seized and held as security for the defendant’s appearance before the Tribal Court. Such equipment may be subject to sale or other disposition by the Tribe in the event that the defendant fails to appear or pay any fine imposed by the Tribal Court as provided herein.

312.125 Putting up Bail. A person brought before a tribal judge, or other person authorized by the tribal judge, for a Boating Offense shall be released on giving adequate undertaking to appear in answer to the offense at such time and place as is fixed by the tribal judge, tribal clerk, or other person authorized by the tribal judge. The undertaking may consist of cash, personal check, or the person’s operator’s or chauffeur’s license.

312.130 Boating Citation Requirements.

  1. Form. A Boating citation conforming to the requirements of this section shall be used for all Boating Offenses pursuant to this code. The citation shall consist of at least four parts. The required parts are: (a) The complaint; (b) The abstract of record; (c) The police record; (d) The summons;
  2. The complaint shall contain a form of certificate in which the complainant shall certify that the complainant has reasonable grounds to believe, and does believe, that the person cited committed the offense contrary to law. A certificate conforming to this section shall be deemed equivalent of a sworn complaint.

312.135 Appearance by Defendant.

  1. Boating Crimes. (a) Indian defendants shall appear in Tribal Court at the time mentioned in the summons if the citation is for a Boating Crime. (b) Non–Indian defendants shall appear in the appropriate state court at the time mentioned in the summons if the citation is for a Boating Crime.
  2. Boating Infractions. In case of citation for Boating Infractions, the defendant shall either appear in Tribal Court at the time indicated in the summons, or prior to such time shall deliver to the court the summons, together with check, cash, or money order in the amount of the bail set forth in the summons, and enclosing therewith: (a) A request for a hearing; or (b) A statement of matters in explanation or mitigation of the offense charged; or (c) The executed appearance, waiver of hearing and plea of guilty appearing on the summons. A statement in explanation or mitigation also may be included with the guilty plea.

312.140 Effect of Statement In Explanation or Mitigation. If a defendant has submitted to the court a written statement as provided in WSTC 312.135(2)(b), it constitutes a waiver of hearing and consent to judgment by the Tribal Court declaring a forfeiture of bail on the basis of such statement and any testimony or written statement of the arresting officer or other witnesses which may be presented to the court.

312.145 Hearing Date; Action for Failure to Appear.

  1. If the defendant requests a hearing the Tribal Court shall fix a date and time for the hearing and shall, at least five days in advance of the hearing, mail to the defendant notice of the date and time so fixed. The notice shall set forth a warning that for failure to appear for the hearing, action will be taken by the Tribal Court that may result in the revocation of defendant’s authority to operate a Boat on Reservation Waters unless bail is deposited in the amount set in the summons.
  2. If the defendant fails to appear for the hearing at the time and place fixed by the Tribal Court and no bail has been deposited, the Tribal Court may notify any state court having concurrent jurisdiction of the defendant’s failure to appear. In the notification the Tribal Court shall certify that notice was given the defendant as prescribed by subsection (1) of this section and that the defendant failed to appear for the hearing.

312.150 Discretionary Hearing.

  1. In any case the Tribal Court may direct that a hearing be held. Otherwise, the Tribal Court may enter the appropriate judgment, impose a fine, direct that the fine be paid out of the bail, deposited by the defendant and remit to the defendant any amount by which the bail exceeds the fine.
  2. No sentence to jail may be imposed, nor any fine imposed in excess of the bail deposited by the defendant, unless a hearing is held.

312.155 Hearing; Burden of Proof.

  1. Boating Infractions. (a) The hearing of any Boating Infraction shall be by the court without a jury. (b) In the hearing of any Boating Infraction the prosecution shall have the burden of proving the alleged Boating Infraction by preponderance of the evidence.
  2. Boating Crimes. The trial of any Boating Crime shall be conducted in accordance with WSTC Chapter 202.

312.160 Appeal. There shall be no appeal from a judgment involving a Boating Infraction. The appeal from a judgment involving a Boating Crime shall be conducted in accordance with the provisions of WSTC Chapter 203.

312.165 Promulgation of Rules by the Chief Tribal Court Judge. The Chief Judge of the Warm Springs Tribal Court is hereby empowered and directed to establish rules to implement the provisions of this chapter.

III. PENALTIES

A Boating Offense defined in the Warm Springs Boating Code as a Boating Infraction shall be punishable by a fine, forfeiture, suspension or revocation of the defendant’s authority to Boat on Reservation Waters, or other privilege, or other civil penalty. A person who commits a Boating Infraction shall not suffer any disability or legal disadvantage based upon conviction of crimes.

312.205 Classification of Boating Infractions. Boating Infractions are classed for the purposes of sentence into the following categories:

  1. Class “A” Boating Infractions;
  2. Class “B” Boating Infractions;
  3. Class “C” Boating Infractions;
  4. Class “D” Boating Infractions;

312.210 Fines for Boating Infractions.

  1. The penalty for committing a Boating Infraction shall be a fine only or, as
    provided in WSTC 312.220, a forfeiture, suspension or revocation of the defendant’s authority to Boat on Reservation Waters, or other privilege, or other
    civil penalty.
  2. A judgment to pay a fine for a Boating Infraction shall be a sentence to pay an
    amount not exceeding: (a) $575 for a Class “A” Boating Infraction. (b) $290 for a Class “B” Boating Infraction. (c) $145 for a Class “C” Boating Infraction. (d) $ 75 for a Class “D” Boating Infraction.

312.215 Boating Crimes.

  1. Indians. Any Indian found guilty of committing a Boating Crime as defined in this Chapter may be punished by imprisonment for a term not to exceed one year or by imposition of a fine not to exceed $1000.
  2. Non-Indians. Any Boating Crime as defined in this Chapter committed by a Non-Indian within the boundaries of the Reservation shall also constitute a Class A Boating Infraction under this Chapter.

312.220 Trial Judge’s Authority to Order Suspension of Boating Privileges.

  1. If a defendant is convicted of any Boating Offense and fails or refuses to pay a fine imposed by the judge or to comply with any condition upon which payment
    of the fine or any part of it was suspended, the judge, in addition to or instead of any other method authorized by law for enforcing a court order, may order the
    defendant’s right to Boat on the Reservation to be suspended for a period not to exceed one year.
  2. In addition to any other penalties authorized by the Warm Springs Tribal Code the tribal judge shall have the authority to suspend the Boating privileges of any
    person on this Reservation on any of the following grounds: (a) Conviction of a Boating Crime. (b) Conviction of any crime involving the use of a Boat. (c) Conviction of three or more Boating Offenses in a one-year period.

IV. OBEYING POLICE

312.300 Failing to Obey Police Officer; Penalty.

  1. A person commits the offense of failing to obey a Police Officer if the person refuses or fails to comply with any lawful order, signal or direction of a Police Officer who: (a) Is displaying the Police Officer’s star or badge; and (b) Has lawful authority to direct, control or regulate Boating.
  2. Violation of this section is a Class B Boating Infraction.

312.305 Fleeing or Attempting to Elude Police Officer; Penalty.

  1. A person commits the Boating Crime of fleeing or attempting to elude a Police Officer if: (a) The person is operating a Boat; and (b) A Police Officer who is in uniform and prominently displaying the Police Officer’s badge of office or operating a Boat appropriately marked showing it to be an official police Boat gives a visual or audible signal to bring the Boat to a stop, including any signal by hand, voice, emergency light or siren, and either: (i) The person, while still in the Boat, knowingly flees or attempts to elude a pursuing Police Officer; or (ii) The person gets out of the Boat and knowingly flees or attempts to elude the Police Officer.
  2. It is an affirmative defense to a prosecution of a person under this section that, after a Police Officer operating a Boat not marked as an official police Boat signaled the person to bring the person’s Boat to a stop, the person proceeded lawfully to an area the person reasonably believed was necessary to reach before stopping.

V. EQUIPMENT REQUIREMENTS

312.400 Operating Improperly Equipped Boat Prohibited.

  1. No person shall operate or give permission for another person to operate a Boat on Reservation Waters which is not equipped as required under this Chapter.
  2. Violation of this section is a Class B Boating Infraction.

312.405 Personal Flotation Devices; Rules.

  1. All Boats on Reservation Waters shall carry at least one Type I, II or III United States Coast Guard approved personal flotation device in good and serviceable
    condition for each person on board. Each device shall be of an appropriate size for the person for whom it is intended and shall be readily accessible whenever
    the Boat is in use. As used in this subsection, a personal flotation device is not “readily accessible” if it is stowed in a locked compartment or locker or is
    otherwise not immediately, physically available to persons on board the Boat in case of an emergency.
  2. All Boats 16 feet in length or longer on Reservation Waters must carry one Type IV throwable personal flotation device in addition to the personal flotation
    devices required by subsection (1) of this section.
  3. Children age 12 and under must wear a United States Coast Guard approved
    lifejacket at all times while on open deck or cockpit of Boats that are underway on Reservation Waters.
  4. Violation of any provision of this section is a Class B Boating Infraction.

312.410 Fire Extinguishers.

  1. Every Motorboat under 40 feet in length on Reservation Waters must carry on board, fully charged and in good condition a B-I type approved fire extinguisher or have an approved fixed fire extinguishing system installed.
  2. All Motorboats 40 feet in length or longer on Reservation Waters must carry on board, fully charged and in good condition, (a) Three B-I type approved fire extinguishers; (b) One B-I type approved fire extinguisher and one B-II type approved fire extinguisher; (c) Two B-I type approved fire extinguishers and an approved fixed fire extinguishing system; or (d) One B-II type approved fire extinguisher and an approved fixed fire extinguishing system.
  3. Violation of any provision of this section is a Class C Boating Infraction.

312.415 Lights.

  1. On Reservation Waters, every Boat shall carry and exhibit the lights when underway or at anchor between sunset and sunrise, and during periods of limited visibility.
  2. Violation of any provision of this section is a Class B Boating Infraction.

312.420 Sound Signaling Devices.

  1. Each Boat on Reservation Waters must carry on board, in good and serviceable condition, a sound signaling device such as a whistle or compressed air horn.
  2. In addition to the sound signaling device required by subsection (1) of this section, every Motorboat 40 feet in length or longer on Reservation Waters must carry a bell that complies with applicable federal specifications.
  3. Violation of any provision of this section is a Class D Boating Infraction.

312.425 Carburetors.

  1. Carburetors on all engines of Motorboats on Reservation Waters, other than outboard motors, shall be fitted with a U. S. Coast Guard approved device for arresting backfire.
  2. Violation of this section is a Class B Boating Infraction.

312.430 Ventilation Systems.

  1. Motorboats on Reservation Waters using fuel having a flashpoint of 110 degrees Fahrenheit or less shall have ventilating systems for the purpose of properly and efficiently ventilating the bilges of every engine and fuel compartment in order to remove any inflammable or explosive gases.
  2. Motorboats on Reservation Waters so constructed as to have the greater portion of the bilges under the engines and fuel tanks open and exposed to the natural atmosphere at all times are not required to be fitted with ventilators.
  3. Violation of any provision of this section is a Class C Boating Infraction.

312.435 Muffling Devices.

  1. The exhaust of every internal combustion engine used on any Motorboat on Reservation Waters shall be effectively muffled by equipment so constructed and used as to muffle or suppress the noise of the exhaust in a reasonable manner. The use of cut-outs or open exhaust stacks is prohibited.
  2. Violation of any provision of this section is a Class B Boating Infraction.

VI. BOATING OPERATIONS

312.500 Operating Boat in Violation of Chapter Prohibited.

  1. No person shall operate a Boat on Reservation Waters in violation of any provision of this chapter.
  2. Violation of this section is a Class B Boating Infraction.

312.505 Operation of Motorboat by Person 12 to 15 Years of Age.

  1. A person 12 to 15 years of age with a Boating Safety Certificate may operate a Motorboat on Reservation Waters with an engine of 10 horsepower or less. In addition, a person 12 to 15 years of age with a Boating Safety Certificate may operate a Motorboat on Reservation Waters with an engine greater than 10 horsepower if accompanied by and under the direct supervision of a parent, guardian or responsible person 16 years of age or older who possesses a Boating Safety Certificate.
  2. Violation of this section is a Class D Boating Infraction.

312.510 Operation of Motorboat by Person 16 Years of Age or Older.

A person may operate a Motorboat on Reservation Waters with an engine greater than 10 horsepower if the person:

  1. Is at least 16 years of age and has a Boating Safety Certificate; or
  2. Is accompanied by and under the direct supervision of a person 16 years of age or older who has a Boating Safety Certificate.
  3. Violation of any provision of this section is a Class D Boating Infraction.

312.515 Exemption From Requirement to Obtain Boating Safety Certificate.

A Boating Safety Certificate is not required on Reservation Waters if a person:

  1. Is at least 16 years of age and rents a Motorboat with an engine greater than 10 horsepower and completes a required dockside safety checklist before operating the Boat;
  2. Possesses a valid United States Coast Guard commercial Motorboat operator’s license;
  3. Is not a resident of the state of Oregon and does not operate a Motorboat with an engine greater than 10 horsepower in Reservation Waters for more than 60 consecutive days;
  4. Is not a resident of the state of Oregon, holds a current out-of-state Boating Safety Certificate and has the out-of-state certificate in the person’s possession;
  5. Holds a temporary Boating Safety Certificate.

312.520 Boating Safety Certificate Required to Operate Motorboat.

  1. A person shall carry a Boating Safety Certificate on the Boat while operating a Motorboat on Reservation Waters, as required, and shall present the certificate to a Police Officer upon request by the Police Officer. Compliance with this section does not require a person to obtain a Boating Safety Certificate from both the state of Oregon and the Tribe.
  2. Violation of this section is a Class D Boating Infraction.

312.525 Unsafe Operation.

  1. A person commits the offense of unsafe operation of a Boat if the person operates a Boat on Reservation Waters in a manner that endangers or would be likely to endanger any person or property.
  2. Violation of this section is a Class A Boating Infraction.

312.530 Reckless Operation; Speed.

  1. A person commits the Boating Crime of reckless operation of a Boat if the person operates a Boat on Reservation Waters carelessly and heedlessly in willful or wanton disregard of the rights, safety or property of others.
  2. No person shall operate any Boat on Reservation Waters at a rate of speed greater than will permit that person in the exercise of reasonable care to bring the Boat to a stop within the assured clear distance ahead. Violation of this provision is a Class B Boating Infraction.

312.535 Operating Boat While Under Influence of Intoxicating Liquor or Controlled Substance.

  1. No person under the influence of an intoxicating liquor including beer, wine and distilled spirits or controlled substance shall operate, propel or be in actual
    physical control of any Boat on Reservation Waters.
  2. No owner of a Boat or person in charge or in control of a Boat shall authorize or
    knowingly permit the Boat to be propelled or operated on Reservation Waters by any person who is under the influence of an intoxicating liquor or a controlled
    substance.
  3. Violation of any provision of this section is a Boating Crime.

312.540 Liability of Owner for Negligent Operation of Boat. On Reservation Waters, the owner of a Boat shall be liable for the negligent operation of the Boat in the same manner and to the same extent as the owner of a motor vehicle is liable under the rule of law which holds one person liable for the act of another who operates a motor vehicle for a family purpose.

312.545 Operator to Maintain Lookout.

  1. The operator of a Boat shall keep a proper lookout at all times while underway on Reservation Waters.
  2. Violation of this section is a Class B Boating Infraction.

312.550 Navigation Rules.

  1. On Reservation Waters, except as provided by paragraph (b) of this subsection, when two Boats are approaching each other “head on” or nearly so (so as to involve risk of collision), each Boat shall bear to the right and pass the other Boat on its left side.
  2. On rivers, or those sections of rivers, which are Reservation Waters, Boats proceeding downstream shall have the right of way over Boats proceeding upstream.
  3. On Reservation Waters, when Boats approach each other obliquely or at right angles, the Boat approaching on the right side has the right of way.
  4. On Reservation Waters, one Boat may overtake another on either side but shall grant right of way to the overtaken Boat.
  5. Violation of any provision of this section is a Class B Boating Infraction.

312.555 Boating Lanes; Swim Areas.

  1. No person shall so anchor a Boat for fishing or other purposes on Reservation Waters in such a position as to obstruct a passageway ordinarily used by other Boats.
  2. No person shall operate a Boat on Reservation Waters within a water area which is clearly marked by buoys or some other distinguishing device as a bathing or swimming area.
  3. Violation of any provision of this section is a Class B Boating Infraction.

312.560 Overloading.

  1. On Reservation Waters, no Boat shall be loaded with passengers or cargo beyond its safe carrying capacity, taking into consideration weather and other normal operating conditions.
  2. Violation of this section is a Class B Boating Infraction.

312.565 Riding on Bow, Gunwale or Transom.

  1. No person operating a Motorboat on Reservation Waters shall allow any person to ride or sit on the deck over the bow of the Boat while under way unless the Motorboat is provided with adequate guards or railing.
  2. No person operating a Motorboat on Reservation Waters shall allow any person to ride or sit on the starboard or port gunwales or on the transom of the Boat while underway at a speed in excess of five miles per hour unless the Motorboat is provided with adequate guards or railings.
  3. No person operating a Motorboat on Reservation Waters shall allow any person to ride or sit on the bow, gunwale or transom railings while underway.
  4. Nothing in subsection (1) or (2) of this section: (a) Is intended to prevent passengers or other persons aboard a Boat from standing on the bow of the Boat in order to moor the Boat to a mooring buoy, float or dock or to cast off from such a buoy, float or dock or for any other necessary purpose; or (b) Applies to a Boat rigged and equipped as a sailboat when operating under sail power.
  5. Violation of any provision of this section is a Class B Boating Infraction.

312.570 Waterskiing, Surfboarding and Similar Activities.

  1. No person shall ride or manipulate any water skis, surfboard or similar device on Reservation Waters in a reckless or negligent manner so as to endanger any person or property.
  2. On Reservation Waters, no person shall operate a Boat for the purpose of towing a person on water skis, surfboard or similar device, and no person shall engage in waterskiing, surfboarding or similar activity at any time after sunset and before sunrise.
  3. On Reservation Waters, no person shall operate or manipulate any Boat, tow rope or other device by which the direction or location of a person on water skis, surfboard or similar device may be affected or controlled in a reckless or negligent manner so as to cause the person on water skis, surfboard or similar device to collide with or strike against any person or object.
  4. No person shall ride or manipulate any water skis, surfboard or similar device on Reservation Waters while under the influence of an intoxicating liquor or a controlled substance.
  5. No person shall operate a Boat on Reservation Waters, towing a person on water skis, aqua-plane, surfboard, saucer, or similar device, unless there is in the Boat another person, in addition to the operator, who is in a position to continuously observe the person being towed.
  6. No person shall operate any Boat used for towing water skis, surfboards or similar devices on Reservation Waters unless the Boat is equipped with and displays a warning flag as follows: (a) The warning flag, also known as the “skier down” flag, shall be international orange or red in color and shall be at least 12 inches in height and 12 inches in width. (b) When any person being towed by the Boat becomes disengaged from the towline and is down in the water, a person in the Boat shall immediately display the warning flag aloft, visible from all sides, as an indicator to other Boats in the area that a person is down in the water. As long as the downed person is in the water, the flag shall remain displayed to prevent danger to that person and hazards to passing Boats. (c) The warning flag described in this section shall be displayed only under the conditions set forth in paragraph (b) of this subsection or when other imminent danger exists.
  7. Violation of any provision of this section is a Class B Boating Infraction.

312.575 Mooring to Buoys and Beacons; Defacing or Destroying Navigational Markers.

  1. No person shall moor a Boat to any of the buoys or beacons placed in Reservation Waters by the authority of the Tribe, United States or an agency of the United States nor in any manner hang on with a Boat to such buoy or beacon.
  2. No person shall deface, remove or destroy any buoy, beacon or other navigational marker maintained in Reservation Waters.
  3. Violation of any provision of this section is a Class B Boating Infraction.

312.580 Police Officer Authority to Require Operator to Remedy Especially Hazardous Condition.

  1. When a Police Officer observes a Boat being operated on Reservation Waters in an especially hazardous condition and determines that continuance of the voyage of the Boat could place the occupants in imminent danger, the Police Officer may order the operator of the Boat to take immediate and reasonable steps to remedy the especially hazardous condition, including but not limited to directing the operator to move to a moorage and remain there until the especially hazardous condition is remedied.
  2. For purposes of this section, an especially hazardous condition is limited to the following conditions: (a) Improper or insufficient personal flotation devices; (b) Improper or insufficient fire extinguishers; (c) Improper or insufficient backfire arresting devices on carburetors; (d) Improper or insufficient navigation lights if found between sunset and sunrise; (e) Overloading; (f) Overpowering; or (g) Leakage of fuel from the Boat engine, fuel system or bilge.

312.585 Person Required to Remedy Especially Hazardous Condition.

  1. A person may not intentionally disobey a lawful order to take immediate and reasonable steps to remedy an especially hazardous condition that is issued under this chapter by another person known by the person to be a Police Officer.
  2. Violation of this section is a Boating Crime.

VII. ACCIDENTS

312.600 Duties of Operators and Witnesses at Accidents.

  1. A person commits the Boating Crime of failure to perform the duties of an operator if the person is the operator of any Boat involved in an accident on Reservation Waters that results in property damage and the operator fails to take reasonable steps to notify the owner or person in charge of the property of the damage, and provide to the owner or person in charge of the property the operator’s name, address and the identification number of the Boat.
  2. The operator of any Boat involved in an accident on Reservation Waters which results in injury or death to any person immediately shall stop the Boat at the scene of the accident, or as close thereto as possible, and shall remain at the scene of the accident until the operator has fulfilled the requirements of subsection (3) of this section. Violation of this section is a Boating Crime.
  3. The operator of any Boat involved in an accident on Reservation Waters resulting in injury or death to any person shall: (a) Give to the other operator, surviving occupant or any person not injured as a result of the accident, the name, address and the identifying number of the Boat which the operator is operating, and the name and address of any other occupants of the Boat. (b) Render reasonable assistance to any person injured in the accident, including the conveying or the making of arrangements for the conveying of the person to a physician, surgeon or hospital for medical or surgical treatment, if it is apparent that treatment is necessary or if conveyance is requested by any injured person.
  4. Any witness to an accident on Reservation Waters shall furnish to the operator, occupant or injured person, the name and address of the witness. Violation of this provision is a Class C Boating Infraction.

312.605 Accident Report Required; Rules.

  1. The operator of any Boat involved in an accident on Reservation Waters resulting in injury or death to any person or damage to property in excess of
    $2000 shall make a report of the Warm Springs Department of Public Safety (“Department”).
  2. Whenever a report is insufficient in the opinion of the Department, it may require the operator to file a supplemental report and may also require a witness to the accident to render a report to the Department.
  3. Whenever the operator of a Boat is physically incapable of making a required accident report and there was another occupant in the Boat at the time of the
  4. accident capable of making a report, the occupant shall make or cause the report to be made.
  5. Violation of any provision of this section is a Class C Boating Infraction.

312.610 Form of Report. The Warm Springs Department of Public Safety shall prepare and make available to the public forms for accident reports required under this chapter. The report shall call for sufficiently detailed information to disclose the cause of an accident, conditions then existing, and the persons and vehicles involved. Every accident report shall be made on a form approved by the Department.

312.615 Confidential Nature of Report.

  1. All accident reports made to the Warm Springs Department of Public Safety shall be without prejudice to the individual reporting and shall be for the confidential use of administrative and enforcement agencies only.
  2. The Department, upon written request, shall, if available, disclose the following information to any party involved in the accident, or, in the event of the party’s death, to any member of the party’s family, or to the party’s personal representatives: (a) The identity of the owner, operator, occupants and any identifying number of a Boat involved in an accident; (b) The names of any companies insuring the owner or operator; and (c) The identity of any witnesses to the accident.
  3. No such report shall be used as evidence in any trial, civil or criminal, arising out of the accident. The Department shall furnish, upon demand of any person who has or claims to have made such a report or upon demand of any court, a certificate showing that a specified accident report has or has not been made to the Department, solely to prove a compliance or a failure to comply with the requirement that such a report be made to the Department.
  4. The Department shall compile and may analyze all accident reports and may publish annually, or at more frequent intervals, statistical information relating to Boat accidents.
  5. In response to any request duly made by an authorized official or agency of the United States, or in compliance with any federal requirement, the Department shall transmit any information compiled or otherwise available to the Department from the accident reports required by this chapter.

312.620 Report of Accident Resulting in Death or Disappearance; Duties of Passengers.

  1. When, as a result of an occurrence that involves a Boat or its equipment on Reservation Waters, a person dies or disappears from a Boat, the operator shall, without delay, by the quickest means available, notify the nearest law enforcement officer or agency of: (a) The date, time and exact location of the occurrence; (b) The name of each person who died or disappeared; (c) The number and name of the Boat; and (d) The names and addresses of the owner and operator.
  2. When the operator of a Boat cannot give the notice required by subsection (1) of this section, each person on board the Boat shall notify the casualty reporting authority or determine that the notice has been given.
  3. Violation of any provision of this section is a Class B Boating Infraction.

VIII. BOATING UNDER INFLUENCE OF INTOXICANTS

312.700 Implied Consent to Chemical Tests for Intoxicants; Refusal to Submit; Consequences.

  1. Any person who operates a Boat on Reservation Waters shall be deemed to have given consent to submit to chemical tests of the person’s breath for the purpose of determining the alcoholic content of the person’s blood if the person is arrested for operating a Boat while under the influence of intoxicants while in violation of WSTC 312.535. Tests shall be administered upon the request of a Police Officer having reasonable grounds to believe that the person arrested was operating a Boat while under the influence of intoxicants.
  2. No chemical test of the person’s breath shall be given under subsection (1) of this section, to a person under arrest for operating a Boat while under the influence of intoxicants in violation of WSTC 312.535 if the person refuses the request of a Police Officer to submit to the chemical test.
  3. If pursuant to subsection (2) of this section a person refuses a chemical test, he shall be informed at that time by the Police Officer that: (a) His refusal or failure to submit to the breath test may result in suspension of his Boating privileges on Reservation Waters for a period not to exceed one year; and (b) Evidence of his refusal or failure may be offered against him in a civil or criminal proceeding.

312.705 Chemical Evidence of Use of Intoxicants.

  1. Not less than 0.08 percent by weight of alcohol in a person’s blood constitutes being under the influence of intoxicating liquor.
  2. At the trial of any civil or criminal action, suit or proceeding arising out of the acts committed by a person operating a Boat while under the influence of any intoxicants, if the amount of alcohol in the person’s blood at the time alleged is less than 0.08 percent by weight of alcohol and shown by chemical analysis of the person’s breath or blood, it is indirect evidence that may be used with other evidence, if any, to determine whether or not the person was then under the influence of intoxicants.
  3. Percent by weight of alcohol in the blood shall be based on grams of alcohol per 100 cubic centimeters of blood.

312.710 Implied Consent to Field Sobriety Tests for Intoxicants; Refusal to Submit.

  1. Any person who operates a Boat on Reservation Waters shall be deemed to have given consent to submit to field sobriety tests upon the request of a Police Officer for the purpose of determining if the person is under the influence of intoxicants if the Police Officer reasonably suspects that the person has committed the offense of operating a Boat while under the influence of intoxicants in violation of WSTC 312.535.
  2. If a person refuses or fails to submit to field sobriety tests as required by subsection (1) of this section, evidence of the person’s refusal or failure to submit is admissible in any criminal or civil action or proceeding arising out of allegations that the person was operating a Boat while under the influence of intoxicants.
  3. If pursuant to subsection (2) of this section a person refuses to submit to field sobriety tests, he shall be informed at that time by the Police Officer that: (a) His refusal or failure to submit to the field sobriety tests may result in suspension of his Boating privileges on Reservation Waters for a period not to exceed one year; and (b) Evidence of his refusal or failure may be offered against him in a civil or criminal proceeding.

312.715 Evidence of Refusal to Submit to Test in Legal Proceeding. If a person refuses or fails to submit to chemical tests of the breath, blood or urine or field sobriety tests as required by this chapter, evidence of the person’s refusal or failure to submit is admissible in any criminal or civil action or proceeding arising out of acts alleged to have been committed while the person was operating a Boat while under the influence of intoxicating liquor or controlled substances.

312.720 Police Report of Refusal.

  1. If a person refuses to submit to a chemical test or field sobriety tests required under this chapter, the Police Officer shall prepare a sworn report of the refusal and cause it to be delivered to the Tribal Court.
  2. The report shall disclose: (a) Whether the person, at the time the person was requested to submit to a test, was under arrest for operating a Boat while under the influence of intoxicating liquor or controlled substances in violation of WSTC 312.535; (b) Whether the officer had reasonable grounds to believe, at the time the request was made, that the person refusing to submit to the test had been operating a Boat while under the influence of intoxicating liquor or controlled substances in violation of WSTC 312.535; (c) Whether the person refused to submit to a test; and (d) Whether such person was informed of the consequences under WSTC 312.700 of a refusal to submit to the test.

312.725 Suspension for Refusing Breath Test; Notice of Suspension.

  1. Upon receipt of the report of a Police Officer as required in WSTC 312.720 and in accordance with subsection (2) of this section the Tribal Court may revoke the reported person’s authority to Boat on Reservation Waters for a period of one year.
  2. Upon receipt of the report of the Police Officer, the Tribal Court shall notify the reported person by mail of the intention to revoke and allow said person a 20 day period after the date of mailing said notice to request in writing a hearing before a tribal judge as provided in this section. If no request is filed within the 20 day period, the Tribal Court shall thereupon revoke the reported person’s authority to Boat on Reservation Waters.

IX. ABANDONED BOATS 312.800 Abandoning Boat Prohibited.

  1. A person shall not abandon a boat upon Reservation Waters. A person shall not abandon a boat upon public or private property without the express or implied consent of the owner or person in lawful possession or control of the property.
  2. The last owner of the boat as shown by the records of the Oregon State Marine Board shall be considered responsible for the abandonment of a boat in the manner described under subsection (1) of this section and liable for the cost of removal and disposition of the abandoned boat.
  3. A person who violates this section commits a Class C infraction.

312.805 Taking Abandoned or Disabled Boat into Custody.

  1. No boat which the Warm Springs Police has reason to believe is disabled or abandoned shall be left upon Reservation Waters for a period in excess of 5 days. Any boat so abandoned may be taken into custody by the Warm Springs Police and held at the expense of the owner or person entitled to possession thereof. The Warm Springs Police may utilize its own personnel, equipment and facilities for the removal and preservation of such boats, or may hire other personnel, equipment and facilities for that purpose.
  2. Notwithstanding the time provisions of subsection (1) of this section, if a boat
    disabled, abandoned, or otherwise left unattended on Reservation Waters is in such a location as to constitute a hazard to public safety or to the environment,
    the Warm Springs Police may immediately take such boat into custody.

312.810 Notice to Owner. Warm Springs Police shall make reasonable efforts to ascertain the names and addresses of the legal owner, owner or person entitled to possession of a boat taken into custody pursuant to WSTC 312.805. If the names and addresses of such owner or person entitled to possession or either of them can be ascertained, the Warm Springs Police shall notify each of them of the location of the boat.

312.815 Owner Reclaiming Boat. The legal owner, owner or person entitled to possession of a boat taken into custody and held by the Warm Springs Police under WSTC 312.805 may reclaim the boat at any time after it is taken into custody and before the same is disposed of as provided by WSTC 312.820, upon presentation to the Warm Springs Police of satisfactory proof of ownership or right to possession and upon payment of the costs and expenses incurred in the removal, preservation and custody of the boat.

312.820 Sale of Boat if not Reclaimed. If a boat is not reclaimed under WSTC 312.815 within 30 days after it is taken into custody, the Warm Springs Police Department may proceed to sell the boat at a public auction in accordance with the procedures set forth in Oregon Revised Statutes 98.245 and any subsequent amendments

X. NON-TRIBAL MEMBER ACCESS TO WATERS WITHIN THE EXTERNAL BOUNDARIES OF THE WARM SPRINGS RESERVATION

312.900 Reservation Waters Closed to Non-Tribal Members. All waters within the external boundaries of the Warm Springs Reservation of Oregon except those listed WSTC 312.905 are closed to non-tribal members except employees of the Tribes acting in their official capacity and individuals expressly licensed or permitted to enter upon closed waters by the Tribes. A person who violates this Section commits the offense of Trespass and is subject to prosecution pursuant to the provisions of WSTC Chapter 306.

312.905 Waters Within the External Boundaries of the Warm Springs Reservation Open to Non-Tribal Members, Subject to Applicable Regulations. The following waters within the external boundaries of the Warm Springs Reservation of Oregon are open to non-tribal members, subject to applicable regulations and limitations published by the Warm Springs Department of Fish and Wildlife:

  1. Trout Lake;
  2. Long Lake;
  3. Island Lake;
  4. Dark Lake;
  5. Boulder Lake;
  6. Harvey Lake;
  7. The Deschutes River below the Pelton Round-Butte project;
  8. Lake Simtustus;
  9. The Metolius Arm of Lake Billy Chinook; and
  10. Those Reservation Waters located within the boundaries of the McQuinn Strip as defined in United States Public Law 92-427.
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