(2) Notwithstanding subsection (1) of this section, ORS 830.005, 830.015 to 830.050, 830.175, 830.210 to 830.420 and 830.475 to 830.490 do not apply to a boat when application of the statutes would be inconsistent with federal law or regulations or to a boat that is:
(a) A foreign boat operated temporarily in the waters of this state.
(b) A boat owned and operated by the United States or by an entity of the United States.
(c) A ship’s lifeboat used solely for lifesaving purposes.
(d) A boat belonging to a class of boats that has been exempted from the provisions of ORS 830.705, 830.710, 830.770, 830.780, 830.785, 830.795 to 830.805 and 830.830 to 830.870 by the State Marine Board as provided in ORS 830.110.
(3) Notwithstanding an exemption provided to a class of boats in subsection (2) of this section, a boat that would otherwise be exempt from regulation because the boat is of a class specified in subsection (2) of this section is not exempt if the boat is a:
(a) Passenger vessel of less than 100 gross tons;
(b) Commercial vessel that is not required to be inspected under federal law; or
(c) Publicly owned recreational vessel. [Formerly 488.021; 1993 c.18 §172; 2005 c.65 §1]