reglab/statecodes huggingface dataset:
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2 - Yacht and Ship Brokers › Section 737.

737. (a) The proceedings and hearings under this article 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, including the right of judicial review as provided for in Section 11523 of the Government Code.
(b) In addition to any other disciplinary action and in lieu of a separate action in civil court, the department, as part of a disciplinary hearing conducted by an administrative law judge, may impose a civil penalty as provided in Section 739.
(Amended by Stats. 1998, Ch. 475, Sec. 5. Effective January 1, 1999.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2 - Yacht and Ship Brokers › Section 738.

738. (a) Each violation of a section or subdivision of a section of this article, excepting Section 709, is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000), provided that a violation committed willfully and with knowledge of the provisions of the violated section or subdivision is punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.
(b) Each violation of Section 709 is a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000), or by imprisonment in the county jail not exceeding one year, or by both that fine and imprisonment.
(Amended by Stats. 2009, Ch. 610, Sec. 36. (SB 717) Effective January 1, 2010.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2 - Yacht and Ship Brokers › Section 739.

739. Any person who violates any provision of this article, or any regulation adopted pursuant to this article, is liable for a penalty in an amount not less than one hundred dollars ($100) and not to exceed one thousand five hundred dollars ($1,500) for each separate violation. The penalties provided in this section are in addition to the remedies or penalties available under all other laws of this state.
Every civil or administrative action brought under this article at the request of the director shall be brought by the Attorney General in the name of the people of the State of California, in any court of competent jurisdiction, or through the Office of Administrative Hearings pursuant to Section 737, except that, when the civil action is to be filed in a small claims court, the director may bring the action.
The amount of penalty that is assessed pursuant to this section on each count of violation shall be based upon the nature of the violation and the seriousness of the effect of the violation upon the implementation of the purposes and provisions of this article. Any sum that is recovered under this section shall be deposited in the State Treasury to the credit of the Harbors and Watercraft Revolving Fund.
(Amended by Stats. 2000, Ch. 508, Sec. 6. Effective January 1, 2001.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2 - Yacht and Ship Brokers › Section 740.

740. Any action taken in the enforcement of this article shall be commenced within three years of the department’s discovery of the facts constituting the grounds for that action.
(Added by Stats. 1990, Ch. 561, Sec. 5.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2.5 - Stored Vessels › Section 754.

754. (a) Every keeper of a storage facility shall keep a written record of every vessel subject to registration with the Department of Motor Vehicles which is stored therein for compensation for a period longer than 12 hours.
(b) The record shall contain the name and address of the person storing the same and a brief description of the vessel including its builder and builder’s hull number.
(c) All records shall be open to inspection by any peace officer.
(Added by Stats. 1970, Ch. 1341.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2.9 - Accident Liability Protection for Vessels › Section 759.

759. For purposes of this article, the following provisions shall apply:
(a) “Company” means any company, sole proprietorship, firm, partnership, private, municipal, or public corporation, limited liability company, association, joint stock association, or other similar organization.
(b) “Division” means the Division of Boating and Waterways.
(c) “For-hire vessel” includes any vessel, by whatsoever power operated, carrying passengers for hire, except a seaplane on the water and vessels exempt from taxation under Section 3 of Article XIII of the California Constitution.
(d) “For-hire vessel company” means any company owning, controlling, operating, or managing a for-hire vessel for the transportation of persons or property for compensation in this state, except a common carrier by vessel as defined in subdivision (b) of Section 211 of the Public Utilities Code.
(Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2.9 - Accident Liability Protection for Vessels › Section 759.2.

759.2. The division shall require every for-hire vessel company to procure, and continue in effect so long as the for-hire vessel company continues to offer its services for compensation, adequate protection against liability imposed by law upon a for-hire vessel company for the payment of damages for personal bodily injuries, including death resulting from those services, and property damage as a result of an accident.
(Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2.9 - Accident Liability Protection for Vessels › Section 759.4.

759.4. The division shall, after a public hearing, set the amount of liability insurance, required by Section 759.2, that is reasonably necessary to provide adequate compensation for damage incurred through an accident involving a for-hire vessel company. This amount shall be subject to periodic adjustment pursuant to the process described in this article.
(Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2.9 - Accident Liability Protection for Vessels › Section 759.6.

759.6. The protection required under Section 759.2 shall be evidenced by deposit with the division, covering each vessel used or to be used in for-hire vessel operations for compensation, of any of the following:
(a) A policy of insurance, issued by a company licensed to write such insurance in the state, or by nonadmitted insurers subject to Section 1763 of the Insurance Code, if those policies meet the rules promulgated by the department.
(b) A bond of a surety company licensed to write surety bonds in the state.
(c) Any evidence of the qualification of the for-hire vessel company as a self-insurer as may be authorized by the department.
(Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2.9 - Accident Liability Protection for Vessels › Section 759.8.

759.8. With the consent of the division, a copy of an insurance policy, certified by the company issuing it to be a true copy of the original policy, or a photostatic copy thereof, or an abstract of the provisions of the policy, or a certificate of insurance issued by the company issuing the policy, may be filed with the division in lieu of the original or a duplicate or counterpart of the policy.
(Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2.9 - Accident Liability Protection for Vessels › Section 759.10.

759.10. The protection against liability shall be continued in effect so long as the for-hire vessel company continues to offer its services for compensation. The policy of insurance or surety bond shall not be cancelable on less than 30 days’ written notice to the department, except in the event of cessation of operations as a for-hire vessel company.
(Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2.9 - Accident Liability Protection for Vessels › Section 759.12.

759.12. The division may establish rules as are necessary to enforce this article.
(Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2.9 - Accident Liability Protection for Vessels › Section 759.14.

759.14. Any for-hire vessel company that knowingly refuses or fails to procure protection against liability, as required by Section 759.2, is guilty of a misdemeanor.
(Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2.9 - Accident Liability Protection for Vessels › Section 759.16.

759.16. Following an administrative hearing, the division may impose a penalty of not less than fifty dollars ($50) nor more than one thousand dollars ($1,000) upon any for-hire vessel company that violates any provision of this article or that fails to obey, observe, or comply with any rule established by the division pursuant to Section 759.12.
(Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2.9 - Accident Liability Protection for Vessels › Section 759.18.

759.18. (a) Upon filing of the evidence of liability protection pursuant to Section 759.2, the division shall provide a certificate of filing to the for-hire vessel company. The certificate shall be no larger than 8 ½ by 11 inches in size. The for-hire vessel company shall post the certificate of filing on the vessel in a prominent location that is visible to the passengers.
(b) A certificate that has been canceled, suspended, or revoked, or that is not valid, shall not be posted on a vessel.
(Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2.9 - Accident Liability Protection for Vessels › Section 759.20.

759.20. Upon receiving notification of impending cancellation of liability protection pertaining to a for-hire vessel company, the department shall, effective upon the date of the cancellation, revoke the certificate provided to the company pursuant to Section 759.18 and shall notify the company of this revocation. The company shall return the revoked certificate to the division.
(Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2.9 - Accident Liability Protection for Vessels › Section 759.22.

759.22. Rules and regulations adopted by the Public Utilities Commission pursuant to its prior authority over insurance of for-hire vessel companies shall remain in effect until revised or repealed by the division.
(Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 2.9 - Accident Liability Protection for Vessels › Section 759.24.

759.24. This article shall become operative on July 1, 2018.
(Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Note: This section prescribes a delayed operative date for Article 2.9, commencing with Section 759.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 3 - For-Hire Vessel Operators Licenses › Section 760.

760. As used in this article, “for-hire vessel” includes any vessel propelled by machinery carrying more than three passengers for hire, except the following:
(a) A sea plane on the water.
(b) A watercraft specifically designed to operate on a permanently fixed course, the movement of which is restricted to or guided on such permanently fixed course by means of a mechanical device on a fixed track or arm to which the watercraft is attached or by which the watercraft is controlled, or by means of a mechanical device attached to the watercraft itself.
(Added by Stats. 1963, Ch. 1337.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 3 - For-Hire Vessel Operators Licenses › Section 761.

761. No for-hire vessel, while carrying passengers for hire, shall be operated or navigated on the waters of this state except by a person who holds a valid license issued by the department pursuant to the provisions of this article. This requirement, however, shall not apply to persons who operate a for-hire vessel on waters of this state which have been declared to be navigable by agencies of the federal government.
(Amended by Stats. 1966, 1st Ex. Sess., Ch. 61.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 3 - For-Hire Vessel Operators Licenses › Section 762.

762. An applicant for an operator’s license shall submit his written verified application to the department. The application shall be in such form and contain such information as the department requires.
(Amended by Stats. 1966, 1st Ex. Sess., Ch. 61.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 3 - For-Hire Vessel Operators Licenses › Section 764.

764. Upon application for an operator’s license, the department shall require an examination of the applicant. The department shall adopt rules and regulations establishing the requirements for the examination which will demonstrate to the department the applicant’s competency in the operation of vessels.
If an applicant presents a valid operator’s license issued pursuant to the provisions of the Federal Motorboat Act of 1940 (Title 46, U.S.C., Section 526f) or the federal act of May 10, 1956, (Title 46, U.S.C. 390–390g), the department may issue an operator’s license without requiring an examination.
(Amended by Stats. 1970, Ch. 1428.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 3 - For-Hire Vessel Operators Licenses › Section 765.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 3 - For-Hire Vessel Operators Licenses › Section 766.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 3 - For-Hire Vessel Operators Licenses › Section 767.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 3 - For-Hire Vessel Operators Licenses › Section 768.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 3 - For-Hire Vessel Operators Licenses › Section 769.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 3 - For-Hire Vessel Operators Licenses › Section 770.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 3 - For-Hire Vessel Operators Licenses › Section 771.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 3 - For-Hire Vessel Operators Licenses › Section 772.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 4 - Charter Boat Safety › Section 773.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 4 - Charter Boat Safety › Section 773.1.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 4 - Charter Boat Safety › Section 773.2.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 4 - Charter Boat Safety › Section 773.3.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 4 - Charter Boat Safety › Section 773.4.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 4 - Charter Boat Safety › Section 773.5.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 4 - Charter Boat Safety › Section 773.6.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 4 - Charter Boat Safety › Section 773.7.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 4 - Charter Boat Safety › Section 773.8.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 4 - Charter Boat Safety › Section 774.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 4 - Charter Boat Safety › Section 774.1.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 4 - Charter Boat Safety › Section 774.2.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 4 - Charter Boat Safety › Section 774.3.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 5 - Operation and Equipment of Vessels › ARTICLE 4 - Charter Boat Safety › Section 774.4.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 6 - Vessel Sanitation › Section 775.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 6 - Vessel Sanitation › Section 775.5.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 6 - Vessel Sanitation › Section 776.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 6 - Vessel Sanitation › Section 777.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 6 - Vessel Sanitation › Section 779.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 6 - Vessel Sanitation › Section 780.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 6 - Vessel Sanitation › Section 781.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 6 - Vessel Sanitation › Section 782.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 6 - Vessel Sanitation › Section 783.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 6 - Vessel Sanitation › Section 784.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 6 - Vessel Sanitation › Section 786.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 4 - MASTERS, CREWS AND CARGOES › CHAPTER 1 - Scope of Division › Section 790.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 4 - MASTERS, CREWS AND CARGOES › CHAPTER 2 - Ship Masters and Cargoes › Section 801.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 4 - MASTERS, CREWS AND CARGOES › CHAPTER 2 - Ship Masters and Cargoes › Section 802.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 4 - MASTERS, CREWS AND CARGOES › CHAPTER 2 - Ship Masters and Cargoes › Section 803.

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.)