Oregon State Marine Board reopens comments on Upper Rogue rulemaking

Published 5:59 am Tuesday, December 24, 2024

The Oregon State Marine Board has added new language to the Upper Rogue River rulemaking process and extended public comment until late January, officials said.

A public comment period on proposed rule language for boat operations along a stretch of the river from Fishers Ferry County Park to Rattlesnake Rapids opened in early November, with a comment deadline of Dec. 20.

“During that time frame, the agency learned more about issues related to boating in this area that have led to proposing further revisions to the rule language,” a news release issued late Monday stated. “To be thorough and transparent, the agency is opting to reopen the public comment step in the rulemaking process to ensure ample time for comments on the updated proposed rule language.”

The agency filed a Notice of Rulemaking with the Oregon Secretary of State on Monday, which will be published in the Jan. 1 Oregon Bulletin, to modify the rule language on the proposed new rule for the Upper Rogue:

The new rule states:

“Oregon Administrative Rule 250-020-0151, Boat Operations in Jackson County: (9) Upper Rogue River and its Tributaries: (c) Between the above dates (May 8-Sept. 10), in the event that the river flow rate drops below a three day average flow of 1,350 cubic feet per second, (“CFS”), or equivalent water level of 3.20 feet, as measured by the United States Geological Survey-USGS 14339000 Rogue River at Dodge Bridge, near Eagle Point, OR, all boating activities shall be restricted until the three day average flow increases above 1,350 CFS.”

In the release, the marine board said, “The rule aims to preserve traditional boating uses along the Upper Rogue River while also aiming to reduce conflicts and enhance safety between other river recreators. The horsepower restrictions will limit the size and speeds in which boats may operate on sections of the river to preserve habitat.”

Public comments from a Dec. 4 hearing or submitted via email by the original Dec. 20 written comment deadline are already included for the record for the board’s consideration, the release said.

“Therefore, only new comments pertaining to the addition are being solicited,” officials said.

The board will meet on Jan. 23 and may make a motion to adopt, amend or take other action on the proposed rulemaking.

Written comments will be accepted until 11:55 p.m. Jan. 21. Comments can be submitted by email to osmb.rulemaking@boat.oregon.gov or by U.S. Mail to Jennifer Cooper, Administrative Rules Coordinator, Oregon State Marine Board, 435 Commercial Street NE, Salem, OR 97301. Testimony will not be accepted by telephone.

Marine board officials heard a wide range of comments during a public hearing Dec. 4.

Comments paralleled previous public sessions, which had focused on the presence of a commercial jet boat company on the river section, damage to the environment for anadromous fish, safety concerns for non-motorized river users and bank erosion. Debate over jet boat use has continued since operations began a decade ago.

But several speakers at the RCC campus in downtown Medford, where the four-hour meeting was held, also raised concerns about impacts the new rules would have on businesses and recreational river users.

The rules would bring restrictions on fishing guides and boat firms that use the river for testing and set limits to times when boaters could be on the river to pursue fishing and hunting hobbies.

After a long public input process, the board in October issued the rules that would limit commercial jet boat operations on the stretch from Fishers Ferry County Park to Rattlesnake Rapids to no more than 300 trips per year.

The rules would also limit boaters to 10 horsepower between Fishers Ferry County Park and Lost Creek Dam, except for the May 8-Sept. 10 period when higher power units could be used up to Dodge Bridge County Park.

Charter boats would be limited to operations between 10. a.m. and 5 p.m. between the Table Rock Road Bridge and Rattlesnake Rapids. Rogue Jet Boats Adventures is the only firm operating commercial tours on that section.

A total of 35 persons provided testimony Dec. 4, either in person or remotely.