Current Oregon State Marine Board PWC rules include protections for wildlife from being harassed and disturbed....we believe human beings deserve at least the same protection as geese.

THE ASK

In addition to the 75dBA shoreline limit for PWCs on the Lower Willamette River, this petition asks the Oregon State Marine Board to add a restriction on PWC maneuvers that eliminate the effectiveness of the muffler, such as aerial tricks like flips​, corkscrews, and tuning / burning off excess fuel by engine revving above the surface of the water. Watch this video to see an example of this activity and how it compares to the responsible activity of the overwhelming majority of responsible four stroke PWC operators....and compared to an actual chainsaw. 

PWC mufflers are designed to be submerged under water, and use the water to facilitate adequate muffling of engine noise. There are a few actions, that are only achievable by performance grade stand up / two stroke jet skis, that create a public nuisance and environmental impact unlike any other watercraft. The current rules already require PWC operators to operate their craft in a "prudent and reasonable" fashion, and require their engine noise to be "adequately muffled", yet law enforcement in Clackamas County has expressed directly to the Marine Board that these rules are too vague to be enforceable. After a year of the Marine Board discussing their distaste for "vague rules", we request a specific solution, only for PWCs, and only on one of the most densely populated and residential sections of the Lower Willamette River. This accommodates all concerns brought forth by the OSMB and opposition to our previous rules.

Here is sample text of that rule:

OAR 250-021-0040 Special Local Restrictions – PWCs:
A boater shall not operate, modify, and/or alter a personal watercraft such that the engine muffling equipment becomes ineffective in abating, reducing, or mitigating the noise levels produced by its engine while in the water.  A violation would include operating a personal watercraft with any aerial maneuvers in a manner such that the engine noise muffler and propulsion system are out of the water allowing engine noise to be unabated and directed outward above instead of below the surface of the water.
 
Restricted aerial maneuvers include but are not limited to jumps, flips, spins, corkscrews, or any maneuver that reduces the engine muffling capability of the watercraft. This restriction also includes revving the engine while on land or structure on the water while the muffler and propulsion system are not submerged, or any activity that would produce a harsh or intermitted disturbance that would likely harass bystanders, residents, wildlife, and other watercraft operators in the area.
 
This restriction shall apply on the Willamette River from Willamette Falls (River Mile 26.6) downstream to the Waverly Marina (River Mile 16.9). Repeated failure to comply with this provision by any individual operator may result in the suspension of boating privileges. 

Below is a letter sent to the Director Warren and the Oregon State Marine Board explaining our request and why it is necessary. 

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Director Warren & Oregon State Marine Board,
 
While the 75dBA PWC shoreline limit on the Lower Willamette River from Waverly Marina to Willamette Falls is a step in the right direction, it unfortunately has not at all been effective in solving our stand up / two stroke PWC noise problem here on the Lower Willamette River. The concern regarding solely employing a numeric standard to deal with this issue was expressed in a previous citizen’s petition, and now that we have had a season with the temporary rule, it is abundantly apparent that this rule change by itself is inadequate to solve an issue that we are all seemingly in agreement, needs a solution.  We request your prompt assistance in this matter as we consider urgent resolution necessary to relieve the extreme level of stress and tension that has built up in our shoreline communities. Our concerns extend to the welfare of citizens both within and outside the boating community.
 
Local law enforcement needs a solution that is efficient and effective in deterring the constant reoccurrence of this nuisance from a select group of two stroke/stand up PWC operators at public parks like Meldrum Bar Park. In conversation with local residents, and law enforcement, we believe there is a solution that not only accommodates all sincere concerns brought forth during the July 2022 OSMB quarterly meeting, but it also alleviates much of the complexity and nuance that is impacting the workload on law enforcement during a time where staffing and resources are already limited. In addition to the 75dBA PWC shoreline limit, we need a restriction on the specific activities that cause the noise disturbance, and only on our section of the river.
 
This solution aligns with the OSMB’s desire for a local solution that would not impact other jurisdictions who are not facing similar issues. Since no other watercraft can execute the specific actions we wish to restrict, and within that limited group, very few operators have access to the type of watercraft and skill sets necessary to execute these maneuvers, this would alleviate concerns of impacting any boaters, and four stroke PWC operators which account for the overwhelming majority of PWCs in the state. Furthermore, it would not restrict owners of two stroke or stand-up skis to operate as long as they are doing so in a responsible way that does not create a disturbance for residents, visitors, and watercraft operators who frequent the Meldrum Bar area. That is easily achievable by operating their craft in a manner that keeps their muffler submerged in water at all times, as it is designed for. 
 
Sample language of the rule is provided below to assist with OSMB staff. We are open to any adjustments in language, our only desire is to stop the disruptive behavior in question by providing law enforcement, and citizens who wish to assist law enforcement via ORS 153.058, a tool to do so efficiently and effectively.
 

OAR 250-021-0040 Special Local Restrictions – PWCs:
A boater shall not operate, modify, and/or alter a personal watercraft such that the engine muffling equipment becomes ineffective in abating, reducing, or mitigating the noise levels produced by its engine while in the water.  A violation would include operating a personal watercraft with any aerial maneuvers in a manner such that the engine noise muffler and propulsion system are out of the water allowing engine noise to be unabated and directed outward above instead of below the surface of the water.
 
Restricted aerial maneuvers include but are not limited to jumps, flips, spins, corkscrews, or any maneuver that reduces the engine muffling capability of the watercraft. This restriction also includes revving the engine while on land or structure on the water while the muffler and propulsion system are not submerged, or any activity that would produce a harsh or intermitted disturbance that would likely harass bystanders, residents, wildlife, and other watercraft operators in the area.
 
This restriction shall apply on the Willamette River from Bernert Landing Boat Ramp to the Waverly Marina. Repeated failure to comply with this provision by any individual operator may result in the suspension of boating privileges.
 

THE PROBLEM WITH A NUMERIC STANDARD ALONE

As has been expressed by law enforcement, impacted residents, and the OSMB itself, enforcing a numeric limit alone is unnecessarily complex and resource intensive.  This was expressed in multiple petitions submitted to the OSMB on this matter, and has been reconfirmed since the temporary 75dBA PWC shoreline limit has been in place since spring 2022. Since July 2022, hundreds of complaints about this specific nuisance called in to law enforcement, with zero citations being issue. Despite the new rule, the issue persists. This is counter to the stated goal of the OSMB to solve the issue in question.
 
To enforce a numeric standard alone, officials must do so in a matter than complies with the J1970 guidelines. Compliance includes, but is not limited t, the below steps: (1) measuring within a certain distance of the shoreline away from other operators to attempt to control for competing and ambient noise (an exercise nearly impossible at the very popular Meldrum Bar Park area), (2) setting up a sound meter that complies with IEC Standard 61672-1 type 1 or 2 (3) calibrating that meter with a calibration device that complies with the IEC 60942 specification, (4) finally, law enforcement must rely on those creating the disturbance to replicate the actions that initiated the complaints, with law enforcement visibly present.
 
We have repeated reports from residents that when those causing the issue witness law enforcement approaching, they immediately operate their PWC in a prudent and reasonable fashion, and when law enforcement is unable to take a reading of the specific aerial maneuvers, upon leaving the scene, the nuisance creating activity resumes. This repeated dance is creating an untenable situation between residents, watercraft operators, and law enforcement. With a restriction on the specific maneuvers causing the nuisance, witnessing / documenting / enforcement becomes exponentially less resource intensive for law enforcement, and all other responsible watercraft operators are unimpacted. Furthermore, since the restriction we are requesting would only apply to our densely populated section of the Lower Willamette River, the rest of the state is available for these individuals to operate freely, in less noise sensitive areas.
 

"FAIRNESS"

During the July 28th OSMB meeting, fairness was discussed as a reason NOT to implement the rule we are requesting in this letter. We agree fairness should be at the forefront of policy making, but should not favor the few causing the public nuisance over the hundreds impacted by that nuisance. We believe that by not implementing an effective solution to this issue, it is unfair to all other recreational PWC riders and boaters who are operating responsibly, in a manner that takes careful consideration of how their activity impacts their surroundings. It is unfair to the fisherman who must pack up and leave the moment the acrobatics start, to the Blue Heron nesting grounds adjacent to Meldrum Bar on Goat Island, whose numbers have dwindled during the time this nuisance became prevalent. It is unfair to the non-motorized recreationists on the river, the families at the beach on Burnside Park, and the hundreds of residents surrounding Meldrum Bar Park that cannot just pack up and move to a different section of the river to get relief from constant harassment.
 

THIS RULE IS CONSISTENT WITH CURRENT OSMB POLICY

During the July 28th OSMB meeting, the Marine Board and staff seem to agree that when a PWC engages in aerobatics that combine throttling the engine while above the surface of the water, that muffler is likely non-compliant of OAR 250-010-0121 and ORS 830.260 which states: “The exhaust of every internal combustion engine used on any motorboat shall be effectively muffled by equipment so constructed and used as to muffle or suppress the noise of the exhaust in a reasonable manner.” As discussed at that meeting, a PWCs muffling system is designed to use the submergence in water to assist in the suppression of noise. The aerial maneuvers in question do not “effectively muffle” the noise they generate. However, as explained by the CCSO sheriff’s legal counsel in a letter date March 23rd to the OSMB, these existing rules are inadequate for law enforcement to issue citation for this activity due to their vagueness and subjectivity. Since the OSMB and OSSA have expressed public concerns over subjectivity in policy, our proposed solution would adequately address that concern due to its specificity.
 
In the interest of the time, energy, and resources of local and state officials, along with residents and watercraft operators impacted, accommodating this reasonable request will likely alleviate the need for continued efforts, such as the resource intensive process of new legislation. This recommended solution addresses all the concerns brought for the by the OSMB to the citizens petition, while solving a localized issue with a localized solution. The rule requested is an extension of already existing rules, but will provide law enforcement with an objective, easily observable, and easily enforced tool to combat these disturbances, all without impacting the typical non-intrusive recreational PWC activity that is commonplace on this specific portion of the river. Our rule request accommodates concerns over subjectivity and fairness, and since the request is limited to only our densely populated portion of the river, the rest of the state would still provide opportunity for these PWC riders to operate in areas that are less impactful to their surroundings.   
 
Please act soon, without your assistance, we fear rising frustration over the continuation of this disruptive activity likely will produce more aggressive behavior within our community.  We appreciate your diligent and thoughtful consideration of this issue. 

Respectfully, 

Willy River & Friends....and nearly EVERY elected official from the impacted area, including mayors, city council members, police chiefs, county commissioners, state reps and the thousands of residents they represent.

thewillametteriver@gmail.com

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RELEVANT INFO FROM PREVIOUS PETITION BELOW...

WHY DOES THIS PETITION EXIST?

At 84dBA, Oregon has one of the HIGHEST SHORELINE NOISE LIMITS in dense population zones of any state in the West.  Oregon's limit is one decibel below 85dBA, which is the noise level determined by medical experts to be harmful to humans. Almost every other state in the West, at the very least in high population areas, has set their noise limit at 75dBA as measured from shoreline based on the  Model Noise Act, legislation created by the experts on these matters: The National Association of State Boating Law Administrators (NASBLA) and the boating manufacturing industry, the National Marine Manufacturers Association (NMMA):

“Virtually all complaints against boat noise come from shoreline residents who are annoyed by intrusive noise on their daily lives. Shoreline noise limits are intended to reduce this annoyance to protect boating from public backlash that eventually hurts all boaters.”  - NMMA 
 
"...both boating law administrators and marine professionals have spent years developing a standard that balances the concerns of shoreline residents and boaters. The problem with boat noise is not from vessels that comply with the Model Noise Act, but rather those vessels that do not. The National Marine Manufacturers Association supports the Model Noise Act as an appropriate standard to measure, regulate, and enforce boat noise.” - NMMA (source)

Almost any recreational motorboat manufactured in the last few decades complies with this 75dB limit because it is the standard set by the NMMA, the people who represent the companies that manufacture watercraft.  Typically, we rely on government to set standards for industry in order to protect public health and safety. Here, in Oregon, it seems we are asking government to follow industry’s guidance.  This in itself illustrates pretty clearly the need for change. Oregon’s current shoreline noise limit of 84dBA is THREE TIMES louder than it should be (84dBA is about three times louder than 75dBA). 
 
NASBLA & The NMMA created these guidelines in order to prevent a few obnoxious watercraft operators, with no care for how their operation impacts other boaters or residents, to make the entire boating community look bad. They were trying to prevent local jurisdictions dealing with this backlash caused by a few bad apples, from implementing blanket restrictions that would impact responsible boaters who weren’t causing any issues. This is the situation that’s occurring along the Lower Willamette River today, as exemplified with the video at the top of this petition.  Still, instead of asking the Oregon State Marine Board for more pass through zones and watercraft bans, we’re just asking for reasonable rules and limits just like every other state in the West. That’s because many of us both live in a shoreline community, AND enjoy boating, PWCs, paddling, and taking our families to shoreline public parks.  Enjoying our public waterways are one of the best parts about living in Oregon. 

HOW DID WE GET HERE? WHY IS OREGON SUCH AN OUTLIER WHEN IT COMES TO SHORELINE NOISE LIMITS?

It happened in 2017.
 
The current 84dBA level was set almost 50 years ago in 1973. Yes. 50 years ago.  
In the last 50 years boats have gotten quieter due to advances in engine and muffling tech, manufacturing standards have changed accordingly, and every other state has updated their decibel limits at least near population centers accordingly (some statewide)...except Oregon. In fact, the state of Washington adopted a statewide 75dBA shoreline limit in the late 70s/early 80s. 
 
In 2017 the OSMB reviewed noise limits, and decided to implement the very “Shoreline Measurement Method” that was recommended in the Model Noise Act. This was a good change, since the very purpose of the “shoreline” measurement method was to capture the impact watercraft noise had on "shoreline" communities, and it was an easier measurement method for law enforcement. Since the shoreline method was designed to consider the needs of shoreline communities, you would think that the corresponding actual shoreline decibel limit would also consider the needs of shoreline communities. This is where it all went wrong. In Oregon, and only in Oregon it seems, the shoreline decibel limit was set to accommodate NOT the needs of shoreline communities, NOT EVEN the needs of your typical recreational watercraft…In Oregon, the shoreline decibel limit was designed to accommodate the needs of THE LOUDEST WATERCRAFT. This defies all logic and is the source of the mounting tensions within shoreline communities along the lower Willamette river. It’s like setting the speed limit to accommodate the slowest cars on the road, or setting our emissions standards to accommodate the dirtiest vehicles.
 
Between 1973 and 2017 the decibel limit for watercraft was 84dBA when measured from 50 feet away. By switching to the shoreline measurement method, and KEEPING the 84dBA limit, the typical effective shoreline decibel limit in Oregon INCREASED in 2018. The noise rules are now more lenient than they were in the 1970s! A detailed explanation of why this is the case can be found by reading page 7-9 of our full petition here.  
 
Simply put, the OSMB should have just taken the guidance of the Model Noise Act in its entirety, by implementing the correct corresponding shoreline decibel limit (75dBA) with the shoreline measurement method. We just want noise rules that consider the public health of shoreline communities, along with the needs of your typical recreational watercraft. That’s all this petition is asking for.
 
Changing the rules as requested will have little impact to the overwhelming majority of recreational motorboats in Oregon, because for the past several decades boat manufacturers have impended the recommendations from the NMMA within their manufacturing process. For example, Inboard Jet Boat are some of the loudest craft on the water. Most Jet Boats in Oregon come from Rogue Jet Boats, and their website clearly states that their watercraft comply with NMMA standards. 

Louder or older boats can easily comply with the 75dBA shoreline limit in Oregon in the same way they do in Washington and every other state….updated their muffling system, or slow down and/or travel further from the shoreline. Simple. Don’t feel like doing that? Like going top speed right down the shoreline? Then don’t do it in dense population zones. Problem solved. 
 

WHY A REASONABLE PERSON STANDARD IS NEEDED AS WELL

The shoreline measurement method IS a better means to capture the true impact of watercraft noise on shoreline communities, but for law enforcement to cite a loud watercraft with the shoreline method, a lot has to happen. A complaint (or many complaints) must be called into the sheriffs office. They must travel to the site of the complaint, set up and calibrate their meter, measure, then catch the craft and issue a citation. While establishing a reasonable baseline shoreline decibel limit of 75dBA is essential, that alone will not solve many of the issues that arise from noise on the water. This is why in addition to 75dBA, a "Reasonable Person Standard" or "Narrative Standard" is essential. It adds CONTEXT. 
 
As it stands now, under current statewide rules, 83dBA for 1 second on the water in the middle of nowhere is treated the exact same as 83dBA for 8 hours a day in the middle of a residential area. Context doesn’t matter.  The thing is, context DOES matter. That’s why essentially every noise code in the state (in the country likely) considers context when determining whether a noise disturbance warrants citation. 
 
Below is an example of a Narrative Standard from the Clackamas County Noise Code, restricting “Unreasonable Noises”, CH 6.05.030:
 
A. No person shall make or continue to make:
1. Any unreasonably loud or raucous noise;
2. Any noise which unreasonably disturbs, injures, or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity; or
3. Any noise that is so harsh, prolonged, unnatural, or unusual in time or place as to occasion unreasonable discomfort to any persons within the vicinity of the location from which that noise emanates, or as to unreasonably interfere with the peace and comfort of neighbors or their guests, or operators or customers in places of business, or as to detrimentally or adversely affect such dwellings or places of business. 
 
B. Factors for determining whether a sound is unreasonably loud or raucous include, but are not limited to: 
1. The proximity of the sound to dwellings or noise sensitive areas;
2. The land use, nature, and zoning of the area from which the sound emanates and the area where it is received or perceived;
3. The time of day or night the sound occurs;
4. The duration of the sound; and
5. Whether the sound is recurrent, intermittent, or constant. 
 
You would think since the disturbance in the video at the top of this petition occurs within Clackamas County, the above rules would be available for law enforcement. Nope! That’s because, if the noise source is one the water, your local noise code doesn’t matter!  
 
So if your house is being flooded say 83dBA from some dude outside your home revving his motorcycle engine over and over again for no apparent reason, the noise limit in your local noise ordinance will permit law enforcement to shut it down. BUT, if the same noise is flooding your home from a watercraft on the Willamette River…..your stuck. Same noise, same area that’s being impacted by the noise, different rules.  This is because in Oregon statewide rules supersede local rules on the water.
 
Typically, statewide rules are generic and broad, and set the minimum compliance. Then, local rules are added on top based on the geographic, demographic, and economic needs of the area. On the water in Oregon it’s a “one size fits all” approach. Rules for waterways in the middle of nowhere are the same as they are in the middle of a residential area. This is nuts, and not the case in Washington and many other states. Many other states allow local jurisdictions to set their own noise limits even for watercraft, customized to suit their needs. Not Oregon. One sentence in OAR 250-010-0121c (A maximum noise level of 84dBA measured as specified in the shoreline sound level measurement procedure for recreational motorboats)  combined with ORS 830-040 (Contrary laws prohibited) nullifies every noise code in the city and county. I’m not sure who benefits from this other than people who are hell bent in ruining everyone else’s afternoon on/near the water.
 
That being said, the logic of state laws superseding local laws make sense when it comes to rules about registration, safety, and navigation on the water. You can’t have different color signs or a patchwork of localized safety rules confusing motorboat operators. But when it comes to issues involving noise, this makes no sense, for the simple reason that noise doesn’t dissipate at the shoreline. Noise from the water floods neighborhoods, public parks, and wildlife habitats, so it makes sense that shoreline communities should have SOME say on the noise it tolerates.  Right now, they don't... that’s the problem.
 
The fundamental issue is, rules on the water are set by The Oregon State Marine Board, a state agency that is almost solely funded by motorboat registration fees. They are not the bad guys, they just are not incentivized to consider the needs of anyone other than motorboat operators. They are not public health experts but due to some quirks in Oregon state law, they have domain over an issue that impacts public health. But in lieu of changing state law, the OSMB is the best path and most efficient way to solve this issue.

 
WHAT HAPPENS WHEN NOISE RULES ARE INADEQUATE

This issue began with the video you see at the top of this petition. A handful of professional performance grade jet ski operators have turned the waters off of a public park into their own personal training compound for what can only be described as motocross on the water. 5-6 days a week, for 6-8 hours a day, they practice their routines (do flips, basically all day) without any regard for the hundreds of residents, fisherman, beach goers, and wildlife in the area. 
 
This area is off of Meldrum Bar Park located in Gladstone Oregon, is surrounded by public parks like Maddux Woods and Burnside Park across the river in West Linn where in the summer families come to beach and enjoy the water. Well, they used to. Now their day near the water is spent yelling at their kids over the constant chain saw like noise created by a few incredibly loud two stroke jet ski’s operated in a way that exacerbates the disturbance caused. When they do aeriel tricks, their engine noise loses the natural muffling impact of the water. Our great protectors of public health, the boating industry, foretold of this...

"There has been a tremendous amount of research done on the subject of noise- induced annoyance. One of the key annoyance factors is noise-induced speech interference, and it has been established that the highest level of outdoor background noise that is acceptable is a constant sound level of 72 dBA. In other words, when the ambient noise level exceeds 72 dBA, people have to raise their voices to communicate. The marine industry has conducted pass by tests proving that a 75 dBA pass by sound level produces an ‘equivalent’ (energy average) sound level of 71 dBA. Therefore, a less stringent sound level of 80 dBA would prevent shoreline residents from carrying on a conversation in their own backyards every time a boat passes their shoreline. When this occurs people complain and, if the noise continues, the eventual outcome results in onerous restrictions that hurt all boaters” - NMMA

This area on the lower Willamette river is located in the middle of a residential area, and the noise from these crafts permeates the homes of hundreds of nearby residents, who cannot find peace in their own homes most of the spring & summer and often into the fall. Even with windows shut, it still sounds like there’s a motorcycle in their kitchen. Meldrum Bar Park is also located directly next to “Goat Island” which is a wildlife habitat, a breeding ground for dozens of Blue Heron. It’s forbidden to go on the island during most of the spring and summer, as to not disturb the Heron’s nests…but revving your engine like this, no problem. This issue is destroying all adjacent communities, and ruining the ability for almost anyone else to enjoy the river while these pros perfect their routine.
 
Without context, noise can seem like a rather benign issue. But when a noise is loud enough, disturbing enough in tone, and exposure is long enough, noise becomes a mental health issue. Compromised mental health in an individual can lead to unsafe conditions. Compromised mental health throughout a community is a disaster waiting to happen. The video at the top of the petition exemplifies just one way inadequate noise rules can damage a community. We ask the Marine Board to fix not just the symptom of the issue, but the root cause. Update the rules as requested in this petition and restore a reasonable balance so that boaters and shoreline communities can co-exist in peace. 

 Read our full petition here.

-Willy River & Friends

thewillametteriver@gmail.com

www.sharetheriver.org