(1) Except as provided in subsection (2) of this section, after leaving the waters of this state with a boat, a person shall remove or open all drain plugs, bailers, valves or other devices used to control the draining of water from ballast tanks, bilges, livewells and motorwells before transporting a boat within this state.
(2) Subsection (1) of this section does not apply to:
(a) Marine sanitation devices;
(b) A person who holds a permit issued pursuant to ORS 498.222 to transport live fish;
(c) A person participating in a fishing tournament authorized by the State Department of Fish and Wildlife, except that after weighing the fish the person shall return to the boat launch site and drain the boat as required under subsection (1) of this section;
(d) Boats operated by a peace officer; or
(e) Boats operated by an emergency responder, as defined by the State Marine Board by rule.