California Boating Law

HARBORS AND NAVIGATION CODE

772. Jurisdiction of Public Utilities Commission. 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. Article 4. Charter Boat Safety 773. Legislative declaration. 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. 773.1. Citation of article. This article shall be known and may be cited as the Charter Boat Safety Act of 1983. 773.2. Definitions. 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. 773.3. Requirement to be licensed. 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. 773.4. Restrictions of compliance with this article. (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.

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