California Boating Law

HARBORS AND NAVIGATION CODE

EXCERPTS FROM HARBORS AND NAVIGATION CODE DIVISION 1. DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS 30. Construction of this division. Unless the context otherwise requires, the general provisions and definitions in this chapter govern the construction of this division. 31. Commission defined. ‘‘Commission’’ means the Boating and Waterways Commission. 32. Department defined. ‘‘Department’’ means the Department of Boating and Waterways. 33. Director defined. ‘‘Director’’ means the Director of Boating and Waterways. 34. Harbor defined. ‘‘Harbor’’ means a portion of the ocean or inland waters within the jurisdiction of this state either naturally or artificially protected so as to be a place of safety for vessels, including the artificially protective works, the public lands ashore and the structures and facilities provided within the enclosed body of water and ashore for the mooring and servicing of vessels and the servicing of their crews and passengers. 35. Channel defined. ‘‘Channel’’ means any waterway now navigable in fact by vessels or artificially improved or created so as to be navigable by vessels, including the structures and facilities created to facilitate navigation. 36. Navigable waters defined. ‘‘Navigable waters’’ means waters which come under the jurisdiction of the United States Corps of Engineers and any other waters within the state with the exception of those privately owned. 38. Changes in rules and regulations. The adoption, repeal, amendment or modification of any rules and regulations pursuant to this division shall be made in accordance with the provisions of Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code. 39. State Contract Act. Any construction or development authorized by this division that also constitutes a project within the definition of Section 10105 of the Public Contract Code, when performed by the state, shall be subject to the State Contract Act. 40. Facilities. Facilities in harbors and connecting waterways established under the provisions of this division shall be open to all on equal and reasonable terms; provided that the department may authorize construction of separate facilities and reasonable allocations within the same harbor for separate use by commercial and recreational vessels, and project funding may not be denied solely on the basis that such separate facilities and allocations for such separate use within the same harbor is required by a regulatory agency so long as such requirement is determined by the director, after consultation with the affected regulatory agencies, to be reasonable.

CHAPTER 2. DEPARTMENT OF BOATING AND WATERWAYS Article 1. Administration

50. Departmental authority. The Department of Harbors and Watercraft and its successor, the Department of Navigation and Ocean Development, are continued in existence in the Resources Agency as the Department of Boating and Waterways. The

13