(2) A person may not operate a charter boat to engage in activities for which a charter boat license is required:
(a) If the State Marine Board or a representative of the board determines upon inspection that, or if a peace officer issues a citation because, the charter boat fails to comply with any equipment requirements imposed by the board pursuant to ORS 830.450.
(b) Without having protection against liability as described in ORS 830.440 and 830.445.
(c) If the number of persons on board the charter boat exceeds the carrying capacity of the charter boat.
(d) Without first providing to the board the names of all employees, agents and other persons who physically assist passengers of the charter boat with angling, sightseeing or other recreational activities.
(3) A person may not offer for compensation or monetary gain or advertise the use of a charter boat for angling, sightseeing or other recreational activities without a charter boat license.
(4) A person may not accept money or other remuneration for angling, sightseeing or other recreational activities for which a charter boat license is required without a charter boat license, except that a person may share the costs or expenses for a trip by trip participants. As used in this subsection:
(a)(A) "Costs or expenses for a trip" means the costs or expenses for food, fuel, bait or other consumable items used during a trip.
(B) "Costs or expenses for a trip" does not include any costs or expenses related to equipment maintenance, insurance, moorage, leases or fees for the use of an area.
(b) "Trip" means the duration of the angling, sightseeing or other recreational activity beginning at the point of departure from a dock, pier, float, moorage or shore-based landing where a person enters a charter boat. [1989 c.885 §6; 2013 c.146 §8]