Harbors and Navigation Code — Part 7 | HNC — United States — California law | Esheria

Harbors and Navigation Code

Part 7 of 7 · provisions 1,201–1,303

This section says the act is called the Harbors and Navigation Code.

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Navigable waters and sufficiently large streams are public ways for navigation and transport. Floodwaters temporarily above the normal high-water mark outside a watercourse’s banks are excluded, and this section does not allow trespass. This section declares several named streams, waters, and parts of waterways to be navigable public ways. This section lists certain streams and waters as navigable public ways. This section lists several streams and waters as navigable public ways. This section lists specific streams and waters that are navigable public ways.

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Provisions of Harbors and Navigation Code

Showing 103 of 1,303

  1. 765.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. )

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    The licensing examination may include questions or tests on safety rules, operating control, mental and physical fitness, and an inspection of the for-hire vessel.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. ) ## 765. The examination may include a test of the applicant’s knowledge of safety rules, an actual demonstration of his ability to exercise ordinary and reasonable control in operating a vessel, and his mental and physical fitness. The examination may also include an inspection of the for-hire vessel. (Added by Stats. 1963, Ch. 1337.)
  2. 766.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. )

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    After the examination, the department may issue an operator’s license, issue it only for part of the requested privilege, and attach safety-based terms and conditions.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. ) ## 766. Upon completion of the examination, the department may, with or without hearing, issue the operator’s license or issue it for the partial exercise only of the privilege sought, and may attach to the exercise of the rights granted by the license such terms and conditions as, in its judgment, the public safety requires. If the department refuses to grant an operator’s license the proceedings shall be conducted in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and in all cases the department shall have all the powers granted therein. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  3. 767.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. )

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    An operator’s license is valid for five years and can be renewed every five years unless it is suspended or revoked.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. ) ## 767. An operator’s license issued by the department pursuant to the provisions of this article shall be valid for five years from the date of issuance or renewal and may be renewed every five years thereafter unless suspended or revoked pursuant to Section 768. The department may adopt rules and regulations establishing the requirments for renewal of any license issued under this article, including therein requirements for acuity of vision, color sense and general physical condition. (Amended by Stats. 1970, Ch. 1428.)
  4. 768.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. )

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    The department may suspend or revoke licenses for for-hire vessel operators, and it may not renew a revoked operator’s license for one year unless the reason for revocation has been removed.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. ) ## 768. (a) The department may suspend or revoke any license issued pursuant to this article on a finding that the licensee has violated any of the provisions in this chapter, or has violated any of the regulations promulgated pursuant to carrying out the provisions of this article. The department may also revoke any license issued pursuant to this article upon any of the grounds which authorize the refusal to issue a license. If the department suspends or revokes an operator’s license, the proceedings shall be in accordance with Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code, and in all cases the department shall have all the powers granted therein. (b) The period of time for suspension during which the person may not apply for his license shall be determined by the department. The department shall not renew an operator’s license which has been revoked until the expiration of one year after the date of such revocation unless the revocation was for a cause which has been removed. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  5. 769.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. )

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    The department must administer licensing for operators of for-hire vessels and enforce this article; it may also inspect for-hire vessels, except on waters declared navigable by federal agencies.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. ) ## 769. The department shall be responsible for administering the licensing of operators of for-hire vessels and for enforcing the provisions of this article, and in this connection may inspect for-hire vessels as defined in Section 760 on waters of this state other than those waters which have been declared to be navigable by agencies of the federal government. (Amended by Stats. 1967, Ch. 1133.)
  6. 77.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. )

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    The department may borrow funds from the Harbors and Watercraft Revolving Fund, but only with the Director of Finance’s approval and when a borrower has defaulted and the funds are needed to protect the department’s security interest.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. ) ## 77. (a) The department, subject to the approval of the Director of Finance, may borrow funds from the Harbors and Watercraft Revolving Fund when a borrower has defaulted from any financial obligation and funds are required to protect the security interest of the department with respect to any loan made under Section 76.3. (b) The funds borrowed under this section shall be repaid within three years from the date of the approval of the Director of Finance. The repayment shall include the principal amount of the loan, plus interest equal to the rate of earnings of money deposited in the Surplus Money Investment Fund at the time the loan is approved by the Director of Finance. (c) A maximum of ten million dollars ($10,000,000) per year may be used for purposes of this section. (d) The borrowed funds may be used to do any of the following: (1) Pay any administrative and legal expenses incurred in connection with those defaults. (2) Acquire through negotiated purchase or bid at auction any property which serves as collateral for those defaulted loans. (3) Pay any costs of operating and maintaining a recreational marina acquired as a result of a failed loan, until the marina is sold. (Added by Stats. 1990, Ch. 1500, Sec. 3.)
  7. 77.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. )

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    The department may sell or otherwise dispose of certain default-related property, or operate, contract to operate, or let it, on terms it considers proper.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 2. Department of Boating and Waterways [50 - 77.1] ( Heading of Chapter 2 amended by Stats. 1978, Ch. 365. ) ## ARTICLE 5. Recreational Marinas [76 - 77.1] ( Article 5 added by Stats. 1985, Ch. 1307, Sec. 2. ) ## 77.1. The department, upon whatever terms and conditions it deems proper, may sell or otherwise dispose of property serving as collateral for a defaulted loan made under Section 76.3 or may operate, contract to operate, or let property involved in the default. All proceeds from any action of the department pursuant to this section shall be deposited in the Harbors and Watercraft Revolving Fund and credited towards the repayment of the defaulted loan. (Added by Stats. 1990, Ch. 1500, Sec. 4.)
  8. 770.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. )

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    The division must make rules and regulations for this article and may set a fee schedule for reasonable fees tied to its exam, licensing, renewal, and other service costs.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. ) ## 770. The division shall make rules and regulations to carry out the provisions of this article, including adopting a schedule to establish reasonable fees that cover the division’s cost for exams, licensing, renewals, and other services provided by the division under this article. (Amended by Stats. 2013, Ch. 425, Sec. 3. (AB 865) Effective January 1, 2014.)
  9. 771.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. )

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    After April 1, 1964, any person who violates or fails to comply with any provision of this article commits a misdemeanor.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. ) ## 771. It is unlawful and constitutes a misdemeanor for any person to violate, or to fail to comply with, any provision of this article after April 1, 1964. (Added by Stats. 1963, Ch. 1337.)
  10. 772.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. )

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    The department’s powers under this article must not be read to conflict with or reduce the Public Utilities Commission’s jurisdiction over for-hire vessels or common carriers.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 3. For-Hire Vessel Operators’ Licenses [760 - 772] ( Heading of Article 3 renumbered from Article 2 by Stats. 1978, Ch. 453. ) ## 772. The authority and power granted to the department in this article shall not be construed to conflict with or diminish in any manner the jurisdiction of the Public Utilities Commission over for-hire vessels or common carriers, as those terms are defined in the Public Utilities Code. (Amended by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  11. 773.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. )

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    The section says charter boat safety regulation is needed because the industry operates in the public interest and Pacific Ocean conditions can become hazardous.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. ) ## 773. The Legislature finds and declares that the charter boat industry operates in the public interest by providing jobs, nutritious food, education, recreation, and joy for Californians and their visitors. The appreciation of whales in their natural habitat has increased enormously in recent years, along with the number of off-shore excursions embarking from California harbors, carrying people from all over the world close to whales that pass along our shore. Because Pacific Ocean conditions, especially in winter, may suddenly turn rough or even hazardous, the public health and safety, as well as the continued vitality of the charter boat industry, is best served by appropriate safety regulation. (Added by Stats. 1983, Ch. 1049, Sec. 1. Effective September 26, 1983.)
  12. 773.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. )

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    This section says the article is called the Charter Boat Safety Act of 1983 and may be cited by that name.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. ) ## 773.1. This article shall be known and may be cited as the Charter Boat Safety Act of 1983. (Added by Stats. 1983, Ch. 1049, Sec. 1. Effective September 26, 1983.)
  13. 773.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. )

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    This section defines terms used in the charter boat safety article.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. ) ## 773.2. As used in this article, the following definitions shall apply: (a) “For-hire vessel” means a for-hire vessel as defined in Section 4661 of the Public Utilities Code, irrespective of the number of passengers carried. (b) “Charter boat” means a for-hire vessel operating on navigable water of the state in the coastal zone, as defined in Section 30103 of the Public Resources Code, whether or not the vessel is licensed by the state. However, “charter boat” does not include any boat operating solely within a harbor, as defined in Section 34, or any boat licensed for point-to-point service while operating within the scope of that license. (c) “Operator” means a person owning, controlling, operating, or managing a for-hire vessel. (d) “Charterer” means a person who receives compensation for contracting with an operator to transport three or more passengers. (e) “Coast Guard” means the United States Coast Guard. (f) “Life preserver” means a life preserver approved and certified by the Coast Guard and capable of providing at least 90 percent of factory-rated flotation capacity. (g) “Person” means any individual, firm, partnership, for-profit corporation, nonprofit corporation, limited liability company, company, association, joint stock association, trustee, receiver, assignee, or other similar entity or representative. (Amended by Stats. 2006, Ch. 538, Sec. 346. Effective January 1, 2007.)
  14. 773.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. )

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    A person may not take or offer to take seven or more passengers on a charter boat unless the vessel is licensed by the United States Coast Guard.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. ) ## 773.3. No person shall take or offer to take seven or more passengers on a charter boat unless the vessel is licensed by the United States Coast Guard. (Added by Stats. 1983, Ch. 1049, Sec. 1. Effective September 26, 1983.)
  15. 773.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. )

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    Operators and charterers must not stop anyone from following this article, require anyone to violate it, or order the captain to get underway when the vessel or weather makes the trip inadvisable.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. ) ## 773.4. (a) No operator or charterer shall prevent any person from complying with, or direct any person to violate, any provision of this article, or direct the captain to get underway over the captain’s objection that the condition of the vessel, or the weather, or a combination of both, makes the trip inadvisable. (b) It shall be a full and complete defense to a charge of violating this section that, given the then-existing conditions of the vessel and the weather, the captain’s or other person’s compliance, however obtained, did not violate and would not have violated any provision of this article or any regulation of the Coast Guard, and was and would have been consistent with all safety precautions and procedures recommended by the Coast Guard. (c) As used in this section: (1) “Direct” means to coerce or attempt to coerce by threat of loss of employment or charter earnings or, if by an operator but not a charterer, to make a demand in violation of this section under circumstances in which it would be reasonable for the captain or other person to believe that failure to comply could lead to the loss of his or her employment or charter earnings. (2) “Captain” means the individual responsible for the operation of the vessel while underway. (Added by Stats. 1983, Ch. 1049, Sec. 1. Effective September 26, 1983.)
  16. 773.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. )

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    A charter boat operator, or the operator’s employee or agent, must require passengers to wear life preservers when specified weather, casualty, or navigation hazards are present.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. ) ## 773.5. The operator of a charter boat, or the operator’s employee or agent, shall require each passenger to don a life preserver under any of the following conditions: (a) When conditions of rough weather or heavy seas pose a threat to the vessel or its passengers. (b) When there is a casualty to the vessel including, but not limited to, any of the following: (1) Loss of watertight integrity. (2) Loss of propulsion or steering in close proximity to a shoal or shore. (3) Fire at sea. (4) When under tow. (c) When crossing or navigating the bar or shoal at or near the entrance of any California harbor where weather conditions, surface current, breaking seas, or severely reduced visibility, cause an increase in the possibility of a sudden emergency that might prevent passengers from donning life preservers before entering the water. (d) As used in this section: (1) “An increase in the possibility” means a decrease in the certainty of a reasonably prudent operator that normal operation of the charter boat would avoid any sudden mishap. (2) “Normal operation” means operation without resort to emergency procedures or other extraordinary measures to maintain course. (Added by Stats. 1983, Ch. 1049, Sec. 1. Effective September 26, 1983.)
  17. 773.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. )

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    An operator or the operator’s employee or agent is treated as complying with Section 773.5 if they direct passengers to the life preservers, tell them they must don them for safety, give at least one passenger who does not don a preserver the instruction to do so, and keep the preservers unwrapped, ready, and easy to access.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. ) ## 773.6. An operator, or the operator’s employee or agent, who directs the passengers to the life preservers while announcing that the passengers are required for their safety to don them shall be deemed to have complied with Section 773.5, if the operator, or the operator’s employee or agent, or the operator’s employee at least once instructs any passenger who fails to don a life preserver to do so, and if the life preservers are unwrapped, ready to be donned, and stowed in a conveniently accessible place. (Added by Stats. 1983, Ch. 1049, Sec. 1. Effective September 26, 1983.)
  18. 773.7.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. )

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    A charter boat operator, employee, or agent must brief each passenger on emergency procedures before getting underway and make a safety announcement at the start of each trip.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. ) ## 773.7. The operator, or the operator’s employee or agent, of a charter boat, prior to getting underway, shall orient each passenger concerning emergency procedures. A public announcement shall be made at the beginning of each trip to afford all passengers knowledge of the stowage location of life preservers, a demonstration of the proper method of donning and adjusting life preservers, the type and location of all lifesaving devices carried on the vessel, and the location of and contents of the emergency check-off list as prescribed in 46 C.F.R. 185.25-1. This public announcement shall be identified as a safety briefing in compliance with state law so as to differentiate it from a general information announcement. (Amended by Stats. 1987, Ch. 910, Sec. 3.)
  19. 773.8.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. )

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    Charter boat operators must tell passengers about life jackets and use care to secure loose objects near passengers.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. ) ## 773.8. (a) A charterer or operator who organizes charter boat trips shall inform each adult passenger as soon as practicable after the passenger contracts or pays for passage or boards the charter boat, whichever occurs first, that life jackets will be provided at the adult passenger’s request. Adult and minor passengers shall be informed that life jackets are required to be worn at the direction of the operator or the operator’s employee or agent. (b) When leaving or returning to port, the operator shall use reasonable care in securing or causing to be secured objects which may cause injury to passengers. (Amended by Stats. 1987, Ch. 910, Sec. 4.)
  20. 774.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. )

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    Charterers and charter boat operators must put a specific safety statement in all advertising for charter trips in the coastal zone.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. ) ## 774. (a) Every charterer and every charter boat operator shall include in all advertising for any charter trips in the coastal zone, as defined in Section 30103 of the Public Resources Code, the statement that for the public safety all personal flotation devices carried aboard these United States Coast Guard Certificated Vessels are inspected and approved by the United States Coast Guard. (b) Any operator or charterer who violates this section shall be liable for a civil penalty not less than fifty dollars ($50) and not more than one hundred dollars ($100) for each violation. The action shall be brought in the manner specified in Section 17206 of the Business and Professions Code. (Added by Stats. 1983, Ch. 1049, Sec. 1. Effective September 26, 1983.)
  21. 774.1.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. )

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    A for-hire vessel operator must not leave or enter Morro Bay after the harbor harbormaster has directed otherwise because of weather, sea, or vessel conditions.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. ) ## 774.1. No operator of a for-hire vessel shall leave or enter Morro Bay after being directed by the harbormaster of the harbor not to do so because of the condition of the weather, the sea, the vessel, or a combination thereof. (Added by Stats. 1983, Ch. 1049, Sec. 1. Effective September 26, 1983.)
  22. 774.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. )

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    This section says specified vessel-operation provisions are suspended when a federal agency adopts and enforces a conflicting, substantially similar regulation.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. ) ## 774.2. The operation of Section 655, 773.5, 773.7, or 774.1 or subdivision (b) of Section 773.8 shall be suspended if the Coast Guard or other appropriate federal agency has adopted and is enforcing a substantially similar regulation which conflicts with those sections. (Amended by Stats. 1987, Ch. 910, Sec. 5.)
  23. 774.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. )

    Verify source ↗

    Violating any provision of this article can be a misdemeanor and can also trigger civil liability for operators.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. ) ## 774.3. (a) Except as provided in Section 774, violation of any provision of this article is a misdemeanor punishable by imprisonment for not more than six months in the county jail, or a fine of not more than one thousand dollars ($1,000), or both the fine and imprisonment. (b) Any operator who violates any provision of this article shall be liable for a civil penalty of not more than fifty thousand dollars ($50,000) for each violation. The action shall be brought in the manner specified in Section 17206 of the Business and Professions Code. (c) Any violation of this article may be enjoined by the manner specified in Section 17203 of the Business and Professions Code and a violation of an injunction may be punished to the extent provided in Section 17207 of the Business and Professions Code. (Amended by Stats. 1987, Ch. 910, Sec. 6.)
  24. 774.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. )

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    This section says public entities are not required to monitor sea or weather conditions or warn or stop vessels from entering or leaving a harbor entrance during unsafe conditions, and they are not liable for injuries from actions or omissions that prohibit a for-hire vessel operator from leaving or entering a harbor.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 5. Operation and Equipment of Vessels [650 - 774.4] ( Heading of Chapter 5 amended by Stats. 1970, Ch. 1428. ) ## ARTICLE 4. Charter Boat Safety [773 - 774.4] ( Article 4 added by Stats. 1983, Ch. 1049, Sec. 1. ) ## 774.4. (a) This article does not impose any mandatory duties upon any public entity to monitor sea or weather conditions or to warn or prevent vessels from leaving or entering a harbor entrance during unsafe conditions. (b) No public entity or employee thereof is liable for any injury which results from any act, or omission to act, prohibiting an operator for a for-hire vessel from leaving or entering a harbor. (Added by Stats. 1983, Ch. 1049, Sec. 1. Effective September 26, 1983.)
  25. 775.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. )

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    Vessels with toilets must comply with federal standards for marine sanitation devices.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. ) ## 775. (a) The Legislature hereby finds and declares all of the following: (1) Marine sanitation devices should be regulated pursuant to uniform standards and procedures, and California vessel owners should not be subject to any local or state regulation as to the type of marine sanitation devices installed on their vessels. (2) The proper use of marine sanitation devices is critical to the protection of water quality throughout California, and use of marine sanitation devices is required to be in conformance with the Federal Water Pollution Control Act (33 U.S.C. Sec. 1321 et seq.). (3) For proper utilization of retention-type marine sanitation devices installed in conformance with the federal Water Pollution Control Act and for the protection of the quality of the waters of this state, adequate vessel pumpout facilities are essential. (b) It is the intent of the Legislature that every vessel with a toilet shall comply with federal standards for marine sanitation devices. (Amended by Stats. 1991, Ch. 548, Sec. 1.)
  26. 775.5.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. )

    Verify source ↗

    This section defines key terms used in the vessel sanitation chapter.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. ) ## 775.5. The definitions in this section govern the construction of this chapter: (a) “Vessel terminal” means any private or public shoreside installation on any waters of this state which provides mooring, docking, berthing, and other facilities for the use of vessels. (b) “Marine sanitation device” means any equipment on board a vessel which is designed to receive, retain, treat, or discharge sewage and any process to treat the sewage. (c) “Promulgation date” means the date upon which the initial standards and regulations for marine sanitation devices are promulgated by an appropriate federal agency in accordance with Section 312 of the Federal Water Pollution Control Act, as amended (33 U.S.C. Sec. 1322). (d) “Sewage” means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body waste. (e) “Vessel” means every watercraft or other contrivance used or capable of being used as a means of transportation on the waters of the state, excepting foreign and domestic vessels engaged in interstate or foreign commerce upon the waters of the state. (f) “State board” means the State Water Resources Control Board. (g) “Regional board” means a California regional water quality control board. (h) “Waters of this state” shall mean all waters of the state except waters beyond three nautical miles of any shore of the state. (i) “Department” means the Department of Boating and Waterways. (j) “No-discharge area” means a body of water designated as a no-discharge area under subsection (f) of Section 312 of the Federal Water Pollution Control Act (33 U.S.C. Sec. 1322 (f)). (k) “Discharge” means spilling, leaking, pumping, pouring, emitting, emptying, or dumping. (l) “Secured” means, for a marine sanitation device not approved for use in a no-discharge area, mechanically controlling valves or facilities in an identifiable manner to prevent any overboard discharge of sewage. (Amended by Stats. 1991, Ch. 548, Sec. 2.)
  27. 776.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. )

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    Vessel terminals must be equipped with pumpout facilities when required by the regional board, and newer pumpout facilities must have a meter. Some facilities are exempt, and violations are misdemeanors.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. ) ## 776. (a) Every vessel terminal shall, as required by the regional board for the protection of the quality of the waters of this state, be equipped with vessel pumpout facilities for the transfer and disposal of sewage from marine sanitation devices. In imposing this requirement, the regional board shall take into account the number and type of vessels that use or are berthed at the vessel terminal and whether there exists at other locations pumpout facilities that have a total capacity sufficient for, and are convenient and accessible to, vessels that use or are berthed at the vessel terminal. In addition, the regional board may require any vessel pumpout facility to be equipped with a meter for the purpose of measuring use of the facility. All pumpout facilities installed after the operative date of the statute adding this section shall be equipped with a meter. (b) This section does not apply to the following: (1) Small craft launching facilities. (2) Dockage adjacent to and serving private residences in areas where vessel pumpout facilities are conveniently available to vessels so docked, as determined by the regional board. (3) Other types of facilities designated by the regional board after consulting with the department. (c) Any violation of this section is a misdemeanor. In addition, any violation of this section is subject to any remedy provided for in Chapter 5 (commencing with Section 13300) of Division 7 of the Water Code. (Amended by Stats. 1990, Ch. 1428, Sec. 6.)
  28. 777.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. )

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    Vessel pumpout facilities must be operated and maintained to prevent sewage discharge, kept in good working order and cleaned, and post a notice naming the enforcing local authority and a reporting phone number.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. ) ## 777. (a) Vessel pumpout facilities for the transfer and disposal of sewage from marine sanitation devices, floating restrooms, and onshore toilets shall be operated and maintained in a manner that will prevent the discharge of any sewage to the waters of the state and shall be maintained in good working order and regularly cleaned. (b) Every vessel pumpout facility shall have a notice posted on the facility identifying the city, county, local public health officer, or boating law enforcement officer responsible for enforcing this chapter pursuant to Section 779, with the telephone number where a violation of subdivision (a) may be reported. (c) Any violation of this section is a misdemeanor. In addition, any violation of this section is subject to any remedy provided for in Chapter 5 (commencing with Section 13300) of Division 7 of the Water Code. (Amended by Stats. 1991, Ch. 842, Sec. 2.)
  29. 778.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. )

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    The state board must adopt standards for vessel pumpout facilities.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. ) ## 778. The state board shall adopt standards for the location, construction, operation, and maintenance of vessel pumpout facilities. (Amended by Stats. 1991, Ch. 842, Sec. 3.)
  30. 779.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. )

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    Specified peace officers and public health officers must enforce this chapter and any regulations adopted under it.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. ) ## 779. Every peace officer of the state and of any city, county, or other public agency, all state and local public health officers, and all boating law enforcement officers shall enforce this chapter and any regulations adopted pursuant to this chapter. (Amended by Stats. 1986, Ch. 1119, Sec. 9. Effective September 24, 1986.)
  31. 780.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. )

    Verify source ↗

    This section bans discharging sewage from marine sanitation devices into state waters, and adds extra rules in no-discharge areas.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. ) ## 780. (a) A person shall not disconnect, bypass, or operate a marine sanitation device so as to discharge sewage into the waters of this state, unless the particular discharge is expressly authorized or permitted pursuant to state or federal law or regulations. A violation of this subdivision is a misdemeanor. (b) The following prohibitions apply in no-discharge areas: (1) A person shall not disconnect, bypass, or operate a marine sanitation device so as to potentially discharge sewage. (2) A person shall not occupy or operate a vessel in which a marine sanitation device is installed unless the marine sanitation device is properly secured. The first violation of this subdivision is an infraction punishable by a fine of up to five hundred dollars ($500). A second or subsequent violation of this subdivision by any one person is a misdemeanor. (c) A person found guilty of a misdemeanor violation of subdivision (a) or (b) shall be subject to a fine not to exceed one thousand dollars ($1,000) or imprisonment in the county jail not to exceed six months, or both that fine and imprisonment. (Amended by Stats. 2009, Ch. 610, Sec. 37. (SB 717) Effective January 1, 2010.)
  32. 781.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. )

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    The Attorney General must ask the superior court for injunctive relief when requested by specified agencies or an aggrieved person, if appropriate to secure compliance with this chapter.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. ) ## 781. The Attorney General, at the request of the department, the state board, any regional board, or any aggreived person, shall petition the superior court for injunctive relief, as may be appropriate, to secure compliance with this chapter. (Amended by Stats. 1986, Ch. 1119, Sec. 11. Effective September 24, 1986.)
  33. 782.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. )

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    Vessels are generally exempt from other state or local rules about marine sanitation devices, except sewage-discharge laws; local agencies may adopt sewage-discharge rules, and peace officers may enforce and inspect under stated conditions.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. ) ## 782. (a) Excepting laws regulating the discharge of sewage into or upon the navigable waters of any lake, reservoir, or freshwater impoundment of this state, and notwithstanding Section 660, no vessel, as defined in subdivision (e) of Section 775.5, is subject to any other state or local government law, ordinance, or regulation with respect to the design, manufacture, installation, or use within any vessel of any marine sanitation device. (b) Notwithstanding any other provision of law, nothing in this chapter precludes or restricts a city, county, or other public agency from adopting rules and regulations with respect to the discharge of sewage from vessels. (c) State and local peace officers may enforce state laws relating to marine sanitation devices and may inspect vessels if there is reasonable cause to suspect noncompliance with those laws. (d) A state or local peace officer who reasonably suspects that a vessel is discharging sewage in an area where the discharge is prohibited may board that vessel, if the owner or operator is aboard, for the purpose of inspecting the marine sanitation device for proper operation and placing a dye tablet in the holding tank. (Amended by Stats. 2002, Ch. 293, Sec. 2. Effective January 1, 2003.)
  34. 783.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. )

    Verify source ↗

    This section says the chapter does not stop houseboats from being regulated under other laws.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. ) ## 783. Nothing in this chapter precludes the regulation of houseboats, as defined in Section 13901 of the Water Code, under other provisions of law by the state board, any regional board, or any local agency. (Added by Stats. 1974, Ch. 902.)
  35. 784.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. )

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    The state board and regional boards may regulate nonsewage discharges, but not vessel washdown water, galley/shower/bath waste, or water needed for propulsion or stability.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. ) ## 784. Nothing in this chapter is intended to affect the operation of Section 117505 of the Health and Safety Code. The state board and any regional board may also regulate nonsewage discharges excepting vessel washdown water, liquid galley, shower, or bath waste, or water discharges necessary for the propulsion or stability of a vessel. (Amended by Stats. 1996, Ch. 1023, Sec. 104. Effective September 29, 1996.)
  36. 785.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. )

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    This chapter does not stop the state board from taking action under subdivision (f) of Section 312 of the Federal Water Pollution Control Act.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. ) ## 785. Nothing in this chapter shall prevent the state board from taking any action pursuant to subdivision (f) of Section 312 of the Federal Water Pollution Control Act. (Added by Stats. 1974, Ch. 902.)
  37. 786.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. )

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    Certain loans, leases, and concession contracts are conditioned on compliance with vessel sanitation requirements, including pumpout-facility and restroom-related conditions.

    ## Harbors and Navigation Code - HNC ## DIVISION 3. VESSELS [399 - 786] ( Division 3 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 6. Vessel Sanitation [775 - 786] ( Heading of Chapter 6 amended by Stats. 1986, Ch. 1119, Sec. 2. ) ## 786. (a) Any loan made pursuant to Section 71.4 or 76.3, and any lease or concession contract entered into pursuant to Section 72, shall be subject to the express condition that the borrower comply with all applicable requirements of this chapter. (b) Any loan made pursuant to Section 71.4 or 76.3 for, respectively, a project or a recreational marina that is required, pursuant to Section 776, to provide vessel pumpout facilities shall be subject to the following express conditions: (1) The pumpout facility shall be opened to public use within six months of receiving any funds, or when any part of the project is opened to public use, whichever is later, unless the department determines that the facility cannot be opened to public use within this period due to circumstances beyond the control of the borrower. (2) The borrower shall agree to budget funds each year for the maintenance and operation of the pumpout facility for its expected life. (3) The location of the pumpout facility shall be publicized, by any convenient means available, and shall be marked with a distinctive and prominent sign that is readily identifiable from offshore locations. (4) Charges imposed for the use of the pumpout facility shall not, in the aggregate, exceed the cost of maintaining and operating the pumpout facility and a pro rata share of the amount necessary for repayment of the loan. (5) The portion of the loan equal to the cost of the pumpout facility shall become immediately due, if the borrower does not perform any requirement imposed pursuant to this subdivision. (c) Any lessee or concessionaire that is required, pursuant to Section 776, to provide vessel pumpout facilities, shall be required through the lease or concession contract to comply with requirements that are not less restrictive than the requirements imposed by paragraphs (1) to (4), inclusive, of subdivision (b). (d) Any loan made pursuant to Section 71.4 or 76.3, and any concession contract entered into pursuant to Section 72, shall be subject to the express condition that restrooms be opened to public use within six months of the date the project is opened to public use, unless the department determines that the facility cannot be opened to public use within this period due to circumstances beyond the control of the borrower. (Amended by Stats. 1990, Ch. 1428, Sec. 8.)
  38. 790.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Scope of Division [790- 790.] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    This division applies only to the extent California has legislative power, and it does not apply where federal constitutional or congressional law permits otherwise.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 1. Scope of Division [790- 790.] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 790. The provisions of this Division shall not be construed to apply to the extent to which they are not within the legislative power of this state, except in so far as they may be permitted to apply under the provisions of the Constitution of the United States or the acts of Congress. (Enacted by Stats. 1937, Ch. 368.)
  39. 8.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    “Writing” includes any recorded message that can be understood visually. Notices, reports, statements, and records required or authorized by the code must be in writing in English unless another language is expressly allowed.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. ) ## 8. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language unless it is expressly provided otherwise. (Enacted by Stats. 1937, Ch. 368.)
  40. 80.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. )

    Verify source ↗

    This section keeps the Boating and Waterways Commission in existence and limits it to the powers and duties given by this chapter.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. ) ## 80. (a) The Harbors and Watercraft Commission and its successor, the Navigation and Ocean Development Commission, are continued in existence in the Department of Parks and Recreation and within the Division of Boating and Waterways as the Boating and Waterways Commission, but with only the powers and duties imposed upon it by this chapter. (b) The Legislature finds all of the following: (1) Recreational boating and recreational watercraft use continue to be popular activities enjoyed by Californians and others visiting the state. (2) Harbors, docks, waterways, piers, and other similar water bodies or infrastructure governed by this chapter should remain open to all members of the public equally. (3) Absent deliberate and thoughtful planning and regulation, those activities have the potential to be dangerous or deadly, difficult, and expensive for the general public to access and enjoy, and environmentally unsound. (c) The Legislature hereby declares that effectively managed waterways and adequate facilities for the use of boating and watercraft vessels are essential for safe, accessible, and ecologically balanced boating and waterway recreation throughout the state. (d) It is therefore the intent of the Legislature that: (1) Existing boating and watercraft recreational areas, facilities, and opportunities should be expanded and managed in a manner consistent with this chapter, in particular, to maintain safe, publicly accessible, and sustained long-term use. (2) New recreational boating and watercraft facilities, including harbors, docks, and piers, should be provided and managed pursuant to this chapter in a manner that will sustain long-term use by the public. (3) Waterways, harbors, ports, piers, and other boating or watercraft infrastructure should be maintained to ensure sustainable long-term public utility. (4) Boating and watercraft recreation should be managed in accordance with this chapter through financial assistance to local governments and joint undertakings with agencies of the United States and with federally recognized Native American tribes. (Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
  41. 80.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. )

    Verify source ↗

    The Governor appoints the seven commission members, with Senate consent, and must follow the section’s membership and term requirements.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. ) ## 80.2. The commission shall be composed of seven members appointed by the Governor, with the advice and consent of the Senate. The members shall have experience and background consistent with the functions of the commission. In making appointments to the commission, the Governor shall give primary consideration to geographical location of the residence of members as related to boating activities and harbors. In addition to the geographical considerations, the members of the commission shall be appointed with regard to their special interests in recreational boating. At least one of the members shall be a member of a recognized statewide organization representing recreational boaters. One member of the commission shall be a private small craft harbor owner and operator. One member of the commission shall be an officer or employee of a law enforcement agency responsible for enforcing boating laws. The Governor shall appoint the first seven members of the commission for the following terms to expire on January 15: one member for one year, two members for two years, two members for three years, and two members for four years. Thereafter, appointments shall be for a four-year term. Vacancies occurring prior to the expiration of the term shall be filled by appointment for the unexpired term. (Amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 104. (AB 383) Effective January 1, 2014.)
  42. 80.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. )

    Verify source ↗

    Commission members may be paid $100 per day for their service, up to 14 days per year, and may be reimbursed for actual and necessary duty-related expenses.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. ) ## 80.6. Members of the commission may receive a salary for their services in an amount of one hundred dollars ($100) for each day, up to a maximum of 14 days per year. A member of the commission may also be reimbursed for the actual and necessary expenses which are incurred in the performance of the member’s duties. (Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
  43. 80.8.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. )

    Verify source ↗

    The Governor may remove commission members from office for specified misconduct or poor performance.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. ) ## 80.8. The members of the commission may be removed from office by the Governor for inefficiency, neglect of duty, misuse of office, or misfeasance in office, in the manner provided by law for the removal of other public officers for like causes. (Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
  44. 800.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The owner appoints the vessel’s master, and the master serves at the owner’s pleasure.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 800. The master of a vessel is appointed by and holds his appointment at the pleasure of the owner. (Enacted by Stats. 1937, Ch. 368.)
  45. 801.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A vessel’s master must be on board when the vessel is entering or leaving a port, harbor, or river, unless a licensed mate is in charge.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 801. The master of a vessel shall be always on board when it is entering or leaving a port, harbor, or river unless the vessel is in charge of a mate who possesses a master’s license. (Enacted by Stats. 1937, Ch. 368.)
  46. 802.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A vessel master must take on a pilot when entering or leaving a port, harbor, or river if the vessel is not already under the charge of a licensed pilot and a pilot offers himself.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 802. On entering or leaving a port, harbor, or river, the master of a vessel, the navigation of which is not in charge of a pilot, licensed for that port, harbor, or river, shall take a pilot if one offers himself. While the pilot is on board the navigation of the vessel devolves on him. (Enacted by Stats. 1937, Ch. 368.)
  47. 803.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    The master of a vessel may use confinement or other reasonable corporal punishment to enforce obedience to lawful commands, but is responsible for abuse of that power.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 803. The master of a vessel may enforce the obedience of the mate and seamen to his lawful commands by confinement and other reasonable corporal punishment; but the master is responsible for the abuse of his power. (Enacted by Stats. 1937, Ch. 368.)
  48. 804.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The master of a vessel may confine a person on board during a voyage for wilful disobedience to lawful commands.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 804. The master of a vessel may confine any person on board, during a voyage, for wilful disobedience to his lawful commands. (Enacted by Stats. 1937, Ch. 368.)
  49. 805.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    If a vessel runs out of supplies during a voyage, the master may, with the officers’ advice, require people with private supplies on board to give them up.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 805. If, during a voyage, the vessel’s supplies fail, the master, with the advice of the officers, may compel persons who have private supplies on board to surrender them for the common want, or payment of, or on giving security for, their value. (Enacted by Stats. 1937, Ch. 368.)
  50. 806.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The master of a vessel must not abandon the vessel during the voyage unless advised by the other officers.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 806. The master of a vessel shall not abandon it during the voyage, without the advice of the other officers. (Enacted by Stats. 1937, Ch. 368.)
  51. 807.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    If a vessel’s master abandons the vessel, the master must take the money and the most valuable goods on board, as far as possible.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 807. The master of a vessel, upon abandoning it, shall carry with him, so far as it is in his power, the money and the most valuable of the goods on board, under penalty of being personally responsible. If the articles thus taken are lost from causes beyond his control, he is exonerated from liability. (Enacted by Stats. 1937, Ch. 368.)
  52. 808.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    A vessel master who shares in cargo profits must not trade for personal account, and if they do, they must account to their employer for those profits.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 808. The master of a vessel, who engages for a common profit on the cargo, shall not trade on his own account, and if he does, he shall account to his employer for all profits thus made by him. (Enacted by Stats. 1937, Ch. 368.)
  53. 809.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

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    The master of a vessel must use great care and diligence in performing the duties of the job.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 809. The master of a vessel shall use great care and diligence in the performance of his duties, and he is responsible for all damage occasioned by his negligence. (Enacted by Stats. 1937, Ch. 368.)
  54. 81.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. )

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    The commission must promptly choose a chairman and vice chairman from its members, and then elect those officers every year.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. ) ## 81. The commission shall, immediately after the effective date of this section, organize and elect from its members a chairman and a vice chairman who shall serve for one year or until their successors are elected and qualified. Annually thereafter, the commission shall elect a chairman and a vice chairman. (Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
  55. 81.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. )

    Verify source ↗

    The commission must adopt a seal.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. ) ## 81.2. The commission shall adopt a seal. (Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
  56. 81.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. )

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    The commission may not take action unless a majority of its members supports it.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. ) ## 81.4. No action shall be taken by the commission by less than a majority of its members. (Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
  57. 81.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. )

    Verify source ↗

    The Department of General Services must provide suitable offices and equipment for the commission.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. ) ## 81.6. The Department of General Services shall furnish suitable offices and equipment for the use of the commission. (Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
  58. 81.8.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. )

    Verify source ↗

    The deputy director must act as the commission’s secretary.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. ) ## 81.8. The deputy director shall act as the secretary of the commission. (Amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 352, Sec. 328. (AB 1317) Effective September 26, 2013. Operative July 1, 2013, by Sec. 543 of Ch. 352.)
  59. 810.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The master of a vessel acts as the owner’s general agent for all matters concerning the vessel.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 810. The master of a vessel is a general agent for its owner in all matters concerning the vessel. (Enacted by Stats. 1937, Ch. 368.)
  60. 811.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A vessel’s master may borrow money on the owner’s credit when needed to complete the voyage and when consulting the owner or proper agent would cause injurious delay.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 811. The master of a vessel has authority to borrow money on the credit of its owner, if it is necessary to enable him to complete the voyage, and if neither the owner nor his proper agent for such matters can be consulted without injurious delay. (Enacted by Stats. 1937, Ch. 368.)
  61. 812.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    During a voyage, the master of a vessel may act to preserve cargo owners’ interests, but may not sell or hypothecate the cargo except as this chapter allows.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 812. During a voyage, the master of a vessel is a general agent for each of the owners of the cargo, and has authority to do whatever they might do for the preservation of their respective interests, but he can not sell or hypothecate the cargo, except in the cases mentioned in this chapter. (Enacted by Stats. 1937, Ch. 368.)
  62. 813.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The master of a vessel may arrange necessary repairs and supplies, hire cargo and passengers for carriage, and, in a foreign port, enter into a charter-party.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 813. The master of a vessel may procure all its necessary repairs and supplies, may engage cargo and passengers for carriage, and, in a foreign port, may enter into a charter-party. His contracts for these purposes bind the owner to the full amount of the value of the vessel and freightage. (Enacted by Stats. 1937, Ch. 368.)
  63. 814.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A vessel master may hypothecate the vessel, freightage, and cargo, and sell part of the cargo only in the cases allowed by bottomry and respondentia rules, with a separate allowance to sell cargo before the destination port if it is perishable or badly damaged.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 814. The master of a vessel may hypothecate the vessel, freightage, and cargo, and sell part of the cargo, in the cases prescribed by the articles on bottomry and respondentia, and in no others, except that the master may also sell the cargo, or any part of it, short of the port of destination, if it is found to be of such perishable nature, or in such damaged condition that if left on board or reshipped it would be entirely lost or seriously endanger the interests of its owners. (Enacted by Stats. 1937, Ch. 368.)
  64. 815.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A ship master may sell a vessel without the owners’ instructions if it is seriously damaged or the voyage has broken down beyond continuation, and necessity requires it.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 815. When a vessel, whether foreign or domestic, is seriously damaged, or the voyage is otherwise broken up beyond the possibility of pursuing it, the master, in case of necessity, may sell the vessel without instructions from the owners, unless by the earliest use of ordinary means of communication he can inform the owners and await their instructions. (Enacted by Stats. 1937, Ch. 368.)
  65. 816.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The master of a vessel may sell the cargo only if the voyage has been broken up, no other vessel can be obtained, and the sale is absolutely necessary.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 816. The master of a vessel may sell the cargo if the voyage is broken up beyond the possibility of pursuing it, and no other vessel can be obtained to carry it to its destination, and the sale is otherwise absolutely necessary. (Enacted by Stats. 1937, Ch. 368.)
  66. 817.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    If a vessel is captured, its master may agree to pay a ransom, including in money or part of the cargo.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 817. The master of a vessel in case of its capture may engage to pay a ransom for it in money or in part of the cargo, and his engagement will bind the vessel, freightage, and cargo. (Enacted by Stats. 1937, Ch. 368.)
  67. 818.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The master of a vessel’s power to bind the owner or cargo owners ends if the vessel and freightage are abandoned to insurers.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 818. The power of the master of a vessel to bind its owner, or the owners of the cargo, ceases upon the abandonment of the vessel and freightage to insurers. (Enacted by Stats. 1937, Ch. 368.)
  68. 819.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The master of a vessel is personally liable for contracts relating to the vessel unless there is an express agreement otherwise or the parties give exclusive credit to the owner.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 819. Unless otherwise expressly agreed, or unless the contracting parties give exclusive credit to the owner, the master of a vessel is personally liable upon his contracts relative to the vessel, even when the owner is also liable. (Enacted by Stats. 1937, Ch. 368.)
  69. 82.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. )

    Verify source ↗

    The division must send certain proposed regulations, project proposals, funding-determination projects, annual budget reports, and harbor study materials to the commission for advice and comment.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. ) ## 82. The division, consistent with Section 82.3, and in furtherance of the public interest and in accordance therewith, shall have only the following duties with respect to the commission: (a) To submit any proposed changes in regulations pertaining to boating functions and responsibilities of the division to the commission for its advice and comment prior to enactment of changes. (b) To submit proposals for transfers pursuant to Section 70, loans pursuant to Section 71.4 or 76.3, and grants pursuant to Section 72.5 to the commission for its advice and comment. (c) To submit any proposed project for which it is making a determination of eligibility for funding from the Harbors and Watercraft Revolving Fund to the commission if that project could have a potentially significant impact on either public health or safety, public access, or the environment for the commission’s advice and comment prior to making that determination. (d) To annually submit a report on its budget and expenditures to the commission for its advice and comment. (e) To cause studies and surveys to be made of the need for small craft harbors and connecting waterways throughout the state and the most suitable sites therefore, and submit those studies and surveys to the commission for advice and comment. (Amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 353, Sec. 116. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  70. 82.3.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. )

    Verify source ↗

    The commission has multiple duties, including staying informed, meeting at least four times a year, holding public hearings and meetings, reviewing proposals and budgets, and submitting periodic reports.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. ) ## 82.3. The commission shall have the following particular duties and responsibilities: (a) To be fully informed regarding all governmental activities affecting programs administered by the division. (b) To meet at least four times per year at various locations throughout the state to receive comments on the implementation of the programs administered by the division and establish an annual calendar of proposed meetings at the beginning of each calendar year. The meetings shall include a public meeting, before the beginning of each funding cycle of a loan and grant program funded from the Harbors and Watercraft Revolving Fund, to collect public input concerning the program, recommendations for program improvements, and specific project needs for the system. (c) To hold a public hearing to receive public comment regarding any proposed project subject to subdivision (c) of Section 82 at a location in close geographic proximity to the proposed project, unless a hearing consistent with federal law or regulation has already been held regarding the project. (d) To consider, upon the request of any owner or tenant whose property is in the vicinity of any proposed project subject to subdivision (c) of Section 82, any alleged adverse impacts occurring on that person’s property from activities undertaken pursuant to this code, and recommend to the division suitable measures for the prevention of any adverse impacts determined by the commission to be occurring, and suitable measures for the restoration of adversely impacted property. (e) To review and comment annually to the division on the proposed budget of expenditures from the revolving fund. (f) To review all proposals for local and regional waterways, piers, harbors, docks, or other recreational areas that have applied for grant or loan funds from the division prior to a final determination of eligibility by the division. (g) (1) With support and assistance from the division, to prepare and submit a program report to the Governor, the Assembly Committee on Water, Parks and Wildlife, the Senate Committee on Natural Resources and Water, the Senate Committee on Appropriations, and the Assembly Committee on Appropriations on or before January 1, 2013, and every three years thereafter. The report shall be adopted by the commission after discussing the contents during two or more public meetings. The report shall address the status of any regulations adopted or being considered by the division and any loan or grant that has been or is being considered for a determination of eligibility by the division pending the previous report. (2) A report required to be submitted pursuant to paragraph (1) shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2013, Ch. 353, Sec. 117. (SB 820) Effective September 26, 2013. Operative July 1, 2013, by Sec. 129 of Ch. 353.)
  71. 82.4.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. )

    Verify source ↗

    Commission meetings must be open and public, and everyone may attend.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. ) ## 82.4. All meetings of the commission shall be open and public and all persons shall be permitted to attend any meetings of the commission. (Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
  72. 82.6.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. )

    Verify source ↗

    The commission’s records must be open for public inspection during regular office hours.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 3. Boating and Waterways Commission [80 - 82.6] ( Heading of Chapter 3 amended (as added by Stats. 2012, Ch. 136, Sec. 2) by Stats. 2013, Ch. 76, Sec. 103. ) ## 82.6. All records of the commission shall be open to inspection by the public during regular office hours. (Repealed and added by Stats. 2012, Ch. 136, Sec. 2. (AB 737) Effective January 1, 2013. Operative July 1, 2013, by Sec. 5 of Ch. 136.)
  73. 820.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A vessel’s master can be liable to third persons for negligence or acts of people employed in navigation. The owner and master are not responsible for a pilot’s negligence when the pilot must be employed by law, except in stated cases.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 820. The master of a vessel is liable to third persons for the acts or negligence of persons employed in its navigation, whether appointed by him or not, to the same extent as the owner of the vessel; but neither the owner nor the master of a vessel is responsible for the negligence of a pilot whom he is bound by law to employ, unless an option is allowed between pilots, some of whom are competent, or unless he is required only to pay compensation to the pilot, but is not required to use his services. (Enacted by Stats. 1937, Ch. 368.)
  74. 821.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The vessel owner must pay the cargo owner the market value of cargo sold to cover necessary vessel repairs and supplies when the vessel arrives at its destination port.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2. Ship Masters and Cargoes [800 - 821] ( Chapter 2 enacted by Stats. 1937, Ch. 368. ) ## 821. The owner of a vessel is bound to pay to the owner of the cargo, at the time of arrival of the vessel at the port of the destination, the market value of that portion of the cargo which has been sold to enable the master to pay for the necessary repairs and supplies of the vessel. (Enacted by Stats. 1937, Ch. 368.)
  75. 830.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2.5. Ship’s Managers [830 - 834] ( Chapter 2.5 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A ship’s general agent for the owners is called the manager; if the agent is also a part owner, the person is also called the managing owner.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2.5. Ship’s Managers [830 - 834] ( Chapter 2.5 enacted by Stats. 1937, Ch. 368. ) ## 830. The general agent for the owners, in respect to the care of a ship and freight, is called the manager. If he is a part owner, he is also called the managing owner. (Enacted by Stats. 1937, Ch. 368.)
  76. 831.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2.5. Ship’s Managers [830 - 834] ( Chapter 2.5 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    Unless otherwise directed, the manager of a vessel must make the vessel seaworthy, care for it in port, and ensure it has the required papers, a proper master, mate, crew, provisions, and stores.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2.5. Ship’s Managers [830 - 834] ( Chapter 2.5 enacted by Stats. 1937, Ch. 368. ) ## 831. Unless otherwise directed, it is the duty of the manager of a vessel to provide for its complete seaworthiness; to take care of it in port; and to see that it is provided with necessary papers, with a proper master, mate, and crew, and supplies of provisions and stores. (Enacted by Stats. 1937, Ch. 368.)
  77. 832.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2.5. Ship’s Managers [830 - 834] ( Chapter 2.5 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A managing owner is presumed not to have a right to compensation for his own services.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2.5. Ship’s Managers [830 - 834] ( Chapter 2.5 enacted by Stats. 1937, Ch. 368. ) ## 832. A managing owner is presumed to be without right to compensation for his own services. (Enacted by Stats. 1937, Ch. 368.)
  78. 833.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2.5. Ship’s Managers [830 - 834] ( Chapter 2.5 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A manager may make contracts and carry out related shipping arrangements needed to perform his duties.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2.5. Ship’s Managers [830 - 834] ( Chapter 2.5 enacted by Stats. 1937, Ch. 368. ) ## 833. A manager may make contracts requisite for the performance of his duties. He may enter into charter parties, make contracts for carriage, settle for freightage, and adjust averages. (Enacted by Stats. 1937, Ch. 368.)
  79. 834.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2.5. Ship’s Managers [830 - 834] ( Chapter 2.5 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A manager may not, without special authority, borrow money, give up the freightage lien, buy cargo, or bind the vessel’s owners to insurance.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 2.5. Ship’s Managers [830 - 834] ( Chapter 2.5 enacted by Stats. 1937, Ch. 368. ) ## 834. Without special authority a manager shall not borrow money or give up the lien for freightage, or purchase a cargo, or bind the owners of the vessel to an insurance. (Enacted by Stats. 1937, Ch. 368.)
  80. 85.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 4. Harbors and Watercraft Revolving Fund [85 - 88] ( Chapter 4 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department must deposit all money it receives into the State Treasury and credit it to the Harbors and Watercraft Revolving Fund.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 4. Harbors and Watercraft Revolving Fund [85 - 88] ( Chapter 4 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 85. All moneys received by the department, including any moneys received by the department from the purchase or condemnation by any other person or agency of any property acquired by the department for the purposes of this division, shall be deposited in the State Treasury and credited to the Harbors and Watercraft Revolving Fund, which fund is hereby created. The Harbors and Watercraft Revolving Fund is the successor to the Small Craft Harbor Revolving Fund, which fund is hereby abolished. All references in any law to the Small Craft Harbor Revolving Fund shall be deemed to refer to the Harbors and Watercraft Revolving Fund. (Added by Stats. 1966, 1st Ex. Sess., Ch. 61.)
  81. 85.2.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 4. Harbors and Watercraft Revolving Fund [85 - 88] ( Chapter 4 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The fund’s money may be used, if the Legislature appropriates it, for boating-related programs and certain agency activities, and the Department of Parks and Recreation must file an annual report by January 1.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 4. Harbors and Watercraft Revolving Fund [85 - 88] ( Chapter 4 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 85.2. (a) All moneys in the Harbors and Watercraft Revolving Fund are available, upon appropriation by the Legislature, for expenditure by the Department of Parks and Recreation for boating facilities development, boating safety, and boating regulation programs, and for the purposes of Section 656.4, including refunds, and for expenditure for construction of small craft harbor and boating facilities planned, designed, and constructed by the division, as specified in subdivision (c) of Section 50, at sites owned or under the control of the state. (b) (1) The money in the fund is also available, upon appropriation by the Legislature, for the operation and maintenance of units of the state park system that have boating-related activities. Funds appropriated may also be used for boating safety and enforcement programs. (2) The Department of Parks and Recreation shall submit to the Legislature, on or before January 1 of each year, a report describing the allocation and expenditure of funds made available to the Department of Parks and Recreation from the Harbors and Watercraft Revolving Fund and from that portion of the Motor Vehicle Fuel Account in the Transportation Tax Fund, transferred annually pursuant to Item 3790-012-0061 of Section 2.00 of the Budget Act, attributable to taxes imposed on the distribution of motor vehicle fuel used or usable in propelling vessels during the previous fiscal year. The report shall list the special project or use, project location, amount of money allocated or expended, the source of funds allocated or expended, and the relation of the project or use to boating activities. (c) The money in the fund shall also be available, upon appropriation by the Legislature, to the State Water Resources Control Board for boating-related water quality regulatory activities. (d) The money in the fund is also available, upon appropriation by the Legislature, to the Department of Fish and Wildlife for activities addressing the boating-related spread of invasive species. (e) The money in the fund is also available, upon appropriation by the Legislature, to the Department of Food and Agriculture for activities addressing the boating-related spread of invasive species. (Amended by Stats. 2017, Ch. 26, Sec. 67. (SB 92) Effective June 27, 2017.)
  82. 86.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 4. Harbors and Watercraft Revolving Fund [85 - 88] ( Chapter 4 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    Local public agencies must annually certify harbor facility conditions or explain why they cannot, and the department must monitor compliance. Cities, counties, and districts receiving harbor funds generally may not block certain vessel use unless specified alternatives or findings are provided.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 4. Harbors and Watercraft Revolving Fund [85 - 88] ( Chapter 4 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 86. (a) The local public agency shall annually certify to the department that for a small craft harbor or boating facility project that is, or has been, funded pursuant to Section 70, 70.2, 70.8, 71.4, 72.5, or 76.3, or a harbor constructed with funds from the State Lands Commission from tidelands oil revenues, adequate restroom and sanitary facilities, parking, refuse disposal, vessel pumpout facilities as required pursuant to Section 776, walkways, oil recycling facilities, receptacles for the purpose of separating, reusing, or recycling all solid waste materials, and other necessary shoreside facilities sufficient for the use and operation of all vessels using the harbor or facility are provided or provide written findings showing why the facility cannot certify to these conditions. (b) A city, county, or district, which has received or is receiving moneys under this division for the construction or improvement of small craft harbors that provides facilities for the operation of commercial fishing vessels registered pursuant to Article 4 (commencing with Section 7880) of Chapter 1 of Part 3 of Division 6 of the Fish and Game Code, shall not prohibit the commercial operation and use of those facilities by commercial passenger fishing vessels of the same or similar displacement, which are licensed pursuant to Section 7920 of the Fish and Game Code, or the use by private recreational vessels unless otherwise expressly provided by law, unless the city, county, or district provides, elsewhere in the same harbor, alternative, equivalent facilities available at comparable cost for the commercial operation and use of commercial passenger fishing vessels and private recreational vessels or unless the city, county, or district adopts written findings showing why the existing facility cannot accommodate the operation of commercial fishing vessels, including commercial passenger fishing vessels, or private recreational vessels and why the facility cannot be modified to do so or why alternative, equivalent facilities cannot be provided in the same harbor to accommodate those operations. This subdivision does not require a facility to accept an application for the operation of an additional commercial passenger fishing boat at that facility if the harbor provides alternative, equivalent, adequate, safe facilities at comparable cost for the operation and use of commercial passenger fishing boats or if accommodations for the operation of the additional commercial passenger fishing boat are not reasonably available at the facility under the contract or agreement. For the purposes of this subdivision, an alternative, equivalent facility in the same harbor shall provide, at comparable cost, adequate restroom and sanitary facilities, parking, refuse disposal, vessel pumpout facilities, walkways, oil recycling facilities, receptacles for the purpose of separating, reusing, or recycling all solid waste materials, power and water service, and other shoreside facilities and equivalent docks, water channels, navigation aids, and weather protection, including, but not limited to, breakwaters, which are equivalent to the facility funded pursuant to Section 70, 70.2, 70.8, 71.4, 72.5, or 76.3. (c) (1) A loan, grant, contract or agreement, or plan funded pursuant to Section 70, 70.2, 70.8, 71.4, 72.5, or 76.3 for a small craft harbor or boating facility project shall provide for construction, development, or improvement of facilities to meet the provisions of subdivisions (a) and (b), and provide vehicular access roads to the harbor or facility, as recommended by the Department of Transportation pursuant to Division 13 (commencing with Section 21000) of the Public Resources Code, unless the reasons for not meeting those provisions and recommendations are set forth in the contract or agreement with the department, or an addendum thereto. (2) The small craft harbor or boating facility shall be designed, constructed, developed, improved, and operated to meet, at a minimum, applicable certification standards described in the Tier 1 standards of the California Green Building Standards Code (Part 11 of Title 24 of the California Code of Regulations). (d) During the term of any existing or new loan contract made pursuant to Section 71.4 or 76.3, or any existing or new contract or agreement pursuant to Section 70, 70.2, or 70.8, the department shall supervise and monitor compliance with this section and the operation and maintenance of the harbor or facility to assure that the planning, construction, development, or improvement fully complies with this section and the contract or agreement terms and conditions. (e) For the purposes of this chapter and Article 3 (commencing with Section 70) of Chapter 2, a harbor or facility that is the subject of a contract or agreement as described in subdivision (d), is under the jurisdiction of the department. (Amended by Stats. 2010, Ch. 328, Sec. 106. (SB 1330) Effective January 1, 2011.)
  83. 860.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    The mate is the officer next in rank to the master. If the master is disabled, the mate becomes the master, and that does not take away the mate’s rights.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 860. The mate is the officer next in rank to the master, and in case of the master’s disability the mate becomes the master. By so doing he does not lose any of his rights as mate. (Enacted by Stats. 1937, Ch. 368.)
  84. 861.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

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    People employed in a vessel’s navigation or on a voyage are treated as seamen, except the master and mate.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 861. All persons employed in the navigation of a vessel, or upon a voyage, other than the master and mate, are seamen within the provisions of this code. (Enacted by Stats. 1937, Ch. 368.)
  85. 862.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

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    The master engages the mate and seamen, and may discharge them during the voyage only for wilful and persistent disobedience or gross disqualification.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 862. The mate and seamen of a vessel are engaged by the master, and may be discharged by him at any period of the voyage for wilful and persistent disobedience or gross disqualification, but they can not be discharged for other reasons before the termination of the voyage. (Enacted by Stats. 1937, Ch. 368.)
  86. 863.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

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    A mate or seaman does not have to go to sea in an unseaworthy vessel, and may refuse to proceed if there is reasonable doubt about seaworthiness until a proper survey is done.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 863. A mate or seaman is not bound to go to sea in a vessel that is not seaworthy. If there is reasonable doubt of its seaworthiness he may refuse to proceed until a proper survey has been had. (Enacted by Stats. 1937, Ch. 368.)
  87. 864.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

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    A seaman cannot be stripped by agreement of the vessel lien, wage-recovery remedy, or salvage-related rights described here.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 864. A seaman can not by agreement be deprived of his lien upon the vessel, or of any remedy for the recovery of his wages to which he would otherwise have been entitled. Any agreement, by which he consents to abandon his right to wages in case of the loss of the vessel, or to abandon any right he may have or may obtain in the nature of salvage is void. (Enacted by Stats. 1937, Ch. 368.)
  88. 865.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

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    A seaman may not use a special agreement to reduce legal rights or increase legal obligations unless he understands the agreement and is fairly compensated.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 865. A seaman can not, by special agreement, impair any of his rights, or add to any of his obligations, as defined by law, unless he fully understands the effect of the agreement and receives for it a fair compensation. (Enacted by Stats. 1937, Ch. 368.)
  89. 866.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

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    Seamen’s wages are due only when freightage is earned, unless another law says otherwise or the loss of freightage is the fault of the owner or master.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 866. Except as otherwise provided by law, the wages of seamen are due when, and so far only as, freightage is earned, unless the loss of freightage is due to the fault of the owner or master. (Enacted by Stats. 1937, Ch. 368.)
  90. 867.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

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    A mate or seaman is entitled to wages and provisions starting at the earliest of work start, the agreed start time, or presence on board.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 867. The right of a mate or seaman to wages and provisions begins either from the time he begins work, or from the time specified in the agreement for his beginning work, or from his presence on board, whichever first happens. (Enacted by Stats. 1937, Ch. 368.)
  91. 868.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

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    If a voyage is broken up before the vessel departs, the seamen must be paid for the time they served and may keep any advances they received as indemnity.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 868. If a voyage is broken up before departure of the vessel, the seamen shall be paid for the time they have served, and they may retain for their indemnity any advances they may have received. (Enacted by Stats. 1937, Ch. 368.)
  92. 869.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

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    A mate or seaman wrongfully discharged, or forced off the vessel by the master’s cruelty during the voyage, may recover full wages.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 869. When a mate or seaman is wrongfully discharged, or is driven to leave the vessel by the cruelty of the master on the voyage, it is then ended with respect to him, and he may recover his full wages. (Enacted by Stats. 1937, Ch. 368.)
  93. 87.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 4. Harbors and Watercraft Revolving Fund [85 - 88] ( Chapter 4 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

    Verify source ↗

    The department must consider funding small craft harbor projects that are financially feasible and help existing harbors under its jurisdiction substantially meet Section 86.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 4. Harbors and Watercraft Revolving Fund [85 - 88] ( Chapter 4 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 87. The department shall give consideration for funding the planning, construction, development, or improvement of small craft harbors to projects which are financially feasible and which make existing small craft harbors, which are subject to the jurisdiction of the department, substantially meet the provisions of Section 86. (Added by Stats. 1990, Ch. 775, Sec. 3.)
  94. 870.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A seaman is entitled to wages up to the time of a vessel’s loss or wreck if he does his utmost to save the vessel, cargo, and stores.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 870. If a vessel is wrecked or lost, a seaman is entitled to his wages up to the time of the loss or wreck, whether freightage has been earned or not, if he exerts himself to the utmost to save the vessel, cargo, and stores. (Enacted by Stats. 1937, Ch. 368.)
  95. 871.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A certificate from the master or chief surviving officer stating that a seaman did his utmost to save the vessel, cargo, and stores is presumptive evidence of that fact.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 871. A certificate from the master or chief surviving officer of a vessel, to the effect that a seaman exerted himself to the utmost to save the vessel, cargo, and stores, is presumptive evidence of the fact. (Enacted by Stats. 1937, Ch. 368.)
  96. 872.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

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    A mate or seaman who cannot work because of qualifying illness, injury, wrongful discharge, or capture of the vessel is still entitled to wages.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 872. When a mate or seaman is prevented from rendering service by illness or injury, incurred without his fault in the discharge of his duty on the voyage, or by being wrongfully discharged, or by a capture of the vessel, he is entitled to wages notwithstanding. In case of a capture, a ratable deduction for salvage shall be made. (Enacted by Stats. 1937, Ch. 368.)
  97. 873.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

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    If a mate or seaman becomes sick or disabled during a voyage without fault of his own, the vessel must pay for suitable medical care and other needed provision until the voyage ends.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 873. If a mate or seaman becomes sick or disabled during the voyage, without his fault, the expense of furnishing him with suitable medical advice, medicine, attendance, and other provision for his wants, shall be borne by the vessel till the close of the voyage. (Enacted by Stats. 1937, Ch. 368.)
  98. 874.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

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    If a mate or seaman dies during the voyage, their personal representatives can recover the wages earned up to death, if the seaman would have earned them by the voyage’s end.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 874. If a mate or seaman dies during the voyage, his personal representatives are entitled to his wages to the time of his death, if he would have been entitled to them had he lived to the end of the voyage. (Enacted by Stats. 1937, Ch. 368.)
  99. 875.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

    Verify source ↗

    A mate or seaman who deserts the vessel without cause, or is justifiably discharged for misconduct, theft, or wilful injury, loses all wages due for the voyage.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 875. A mate or seaman who deserts his vessel without cause, or who is justifiably discharged by the master during the voyage for misconduct, or for a theft of any part of the cargo or appurtenances of the vessel, or for a wilful injury thereto or to the vessel, forfeits all wages due for the voyage. (Enacted by Stats. 1937, Ch. 368.)
  100. 876.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. )

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    A mate or seaman may not ship goods on his own account without the master’s permission.

    ## Harbors and Navigation Code - HNC ## DIVISION 4. MASTERS, CREWS AND CARGOES [790 - 876] ( Division 4 enacted by Stats. 1937, Ch. 368. ) ## CHAPTER 3. Mates and Seamen [860 - 876] ( Chapter 3 enacted by Stats. 1937, Ch. 368. ) ## 876. A mate or seaman may not, under any pretext, ship goods on his own account without permission from the master. (Enacted by Stats. 1937, Ch. 368.)
  101. 88.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 4. Harbors and Watercraft Revolving Fund [85 - 88] ( Chapter 4 added by Stats. 1966, 1st Ex. Sess., Ch. 61. )

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    Certain small craft harbors or boating facilities are not liable for damages tied to vessel use or operation, but this immunity does not cover their negligent acts.

    ## Harbors and Navigation Code - HNC ## DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION [30 - 88] ( Heading of Division 1 amended by Stats. 1978, Ch. 365. ) ## CHAPTER 4. Harbors and Watercraft Revolving Fund [85 - 88] ( Chapter 4 added by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## 88. A small craft harbor or boating facility funded pursuant to Section 70, 70.2, 70.8, 71.4, 72.5, or 76.3 is not liable for any damages which occur on a vessel using those facilities or pursuant to operation of the vessel, other than on the facilities of the harbor or boating facility. This section does not provide immunity from liability for a small craft harbor or boating facility for its negligent acts. (Added by Stats. 1991, Ch. 922, Sec. 2.)
  102. 9.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. )

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    References to this code or any other state law include all amendments and additions made now or later.

    ## Harbors and Navigation Code - HNC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 368. ) ## 9. Whenever reference is made to any portion of this code or of any other law of this state, such reference applies to all amendments and additions now or hereafter made. (Enacted by Stats. 1937, Ch. 368.)
  103. 90.

    ## Harbors and Navigation Code - HNC ## DIVISION 1.5. NAVIGABLE WATERS [90 - 153] ( Heading of Division 1.5 renumbered from Division 1 by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## CHAPTER 1. Scope of Division [90- 90.] ( Chapter 1 enacted by Stats. 1937, Ch. 368. )

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    This section says the Division applies to navigable waters of the United States unless that application conflicts with U.S. admiralty and maritime jurisdiction and laws.

    ## Harbors and Navigation Code - HNC ## DIVISION 1.5. NAVIGABLE WATERS [90 - 153] ( Heading of Division 1.5 renumbered from Division 1 by Stats. 1966, 1st Ex. Sess., Ch. 61. ) ## CHAPTER 1. Scope of Division [90- 90.] ( Chapter 1 enacted by Stats. 1937, Ch. 368. ) ## 90. The provisions of this Division, in so far as they are not in conflict with the admiralty and maritime jursidiction and laws of the United States, apply to navigable waters of the United States. (Enacted by Stats. 1937, Ch. 368.)

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