reglab/statecodes huggingface dataset:
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 4 - Harbors and Watercraft Revolving Fund › Section 85.2.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 4 - Harbors and Watercraft Revolving Fund › Section 87.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1 - DEPARTMENT OF BOATING AND WATERWAYS AND THE BOATING AND WATERWAYS COMMISSION › CHAPTER 4 - Harbors and Watercraft Revolving Fund › Section 88.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1.5 - NAVIGABLE WATERS › CHAPTER 1 - Scope of Division › Section 90.

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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1.5 - NAVIGABLE WATERS › CHAPTER 2 - Definition and Description › Section 100.

100. Navigable waters and all streams of sufficient capacity to transport the products of the country are public ways for the purposes of navigation and of such transportation. However, the floodwaters of any navigable river, stream, slough, or other watercourse while temporarily flowing above the normal high-water mark over public or private lands outside any established banks of such river, stream, slough, or other watercourse are not navigable waters and nothing in this section shall be construed as permitting trespass on any such lands. For the purposes of this section, “floodwaters” refers to that elevation of water which occurs at extraordinary times of flood and does not mean the water elevation of ordinary annual or recurring high waters resulting from normal runoff.
(Amended by Stats. 1972, Ch. 1072.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1.5 - NAVIGABLE WATERS › CHAPTER 2 - Definition and Description › Section 101.

101. The following streams and waters are declared navigable and are public ways:
Albion River, to a point three miles from its mouth.
Alviso Slough, sometimes called Steamboat Slough, lying between the bay of San Francisco and the place where it was crossed by the tracks of the Southern Pacific Railroad Company on June 10, 1913.
Big River, to a point three miles from its mouth.
Channel Street, in the city of San Francisco, from the bay to the northeasterly line of Seventh Street, the width thereof to be one hundred forty feet.
Clear Lake, in Lake County; but this declaration shall not interfere with any rights of owners and claimants to reclaim swamp or overflowed land around the margin of Clear Lake.
Corte Madera Creek, in Marin County, from its mouth to a point as far as tidewater flows.
Coyote River between the bay of San Francisco and the place where it was crossed by the tracks of the Southern Pacific Railroad Company on June 10, 1913.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1.5 - NAVIGABLE WATERS › CHAPTER 2 - Definition and Description › Section 102.

102. The following streams and waters are also navigable and are public ways:
Deer Creek, between its mouth and the house of Peter Lassen.
Devil’s Slough, lying within the corporate limits of the city of San Jose, or of the town of Sunnyvale in Santa Clara County, and extending to San Francisco Bay.
Diablo Creek, from its junction with the Neuces, to a point opposite the warehouse of Frank Such, in Contra Costa County.
Feather River, between its mouth and a point fifty feet below the first bridge crossing Feather River above the mouth of the Yuba River.
Galinas, or Guyanas Slough or creek, in Marin County, from its mouth to the line of the Sonoma and Marin Railroad as it existed on March 18, 1907.
Guadalupe Slough, which is the outlet or mouth of the Guadalupe River, and lies between San Francisco Bay and its junction with Alviso Slough.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1.5 - NAVIGABLE WATERS › CHAPTER 2 - Definition and Description › Section 103.

103. The following streams and waters are also navigable and are public ways:
Johnson’s Creek, from its mouth at San Francisco Bay to Simpson’s Landing.
Keys Creek, also known as the Arroyo de San Antonio, in Marin County, from its mouth at Tomales Bay to the warehouses on the point at Keys embarcadero.
Klamath River, from its mouth in Del Norte County to its confluence with the Shasta River in the county of Siskiyou; but this shall not abrogate or infringe upon mining rights or the rights of locating or operating mining claims on the Klamath River, existing on August 21, 1933, otherwise than by being made subject to the public rights of way herein declared.
Arroyo del Medo, in the county of Santa Clara, from its mouth to the upper line of the town of New Haven.
Mission Creek, in the county of San Francisco.
Mokelumne River, between its mouth and the first falls.
Moro Cojo Slough, in Monterey County, from Salinas River to tidewater.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1.5 - NAVIGABLE WATERS › CHAPTER 2 - Definition and Description › Section 104.

104. The following streams and waters are also navigable and are public ways:
Napa River, between its mouth and a point sixty feet below the westerly line of Lawrence Street in the city of Napa; First Napa Creek, Second Napa Creek, and Third Napa Creek, in Sonoma County, between Napa and Sonoma rivers.
Neuces Creek, from its mouth at Suisun Bay to a point one-half mile above the warehouse of George P. Loucks.
Newport Bay, in the county of Orange, and all its arms, and the sloughs connecting with the bay in which the tide ebbs and flows, including “The Rialto” and “The Rivo Alto” as shown upon a map of Canal Section, Newport Beach, recorded in Book 4, page 98 of Miscellaneous Maps, records of Orange County, California.
Novato Creek, or estuary, in Marin County, from its mouth to Sweetzer’s Landing.
Noyo River, to a point three miles from its mouth.
Petaluma River, from its mouth to the southerly line of Washington Street, in the city of Petaluma.
(Amended by Stats. 1939, Ch. 613.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1.5 - NAVIGABLE WATERS › CHAPTER 2 - Definition and Description › Section 105.

105. The following streams and waters are also navigable and are public ways:
Sacramento River, between its mouth and a point 100 feet below Reid’s Ferry, in Shasta County.
Salinas River and Elkhorn Slough, or Estero Viejo, in Monterey County, from its mouth to a point as far up as tidewater flows.
San Joaquin River, between its mouth and Sycamore Point.
San Leandro Bay, in the County of Alameda, the waters included in the estuary of San Antonio and the tidal canal connecting it with San Leandro; and the airport channel extending from the bay.
San Rafael Creek, in Marin County, from its mouth to a point as far as tidewater flows therein.
Sonoma River, between its mouth and a point opposite Fowler’s hotel in the town of San Luis.
Stockton Slough, between its mouth and a line 160 feet west of the east line of Center Street extended in Stockton.
Suisun River, between its mouth and the Town of Suisun embarcadero.
Tuolumne River, between its mouth and Dickinson’s Ferry.
Yuba River, between its mouth and a point at the mouth of the slough at the foot of F Street, in the City of Marysville.
(Amended by Stats. 1952, 1st Ex. Sess., Ch. 2.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1.5 - NAVIGABLE WATERS › CHAPTER 2 - Definition and Description › Section 106.

106. The following streams and waters are also navigable and are public ways:
The north branch of Alameda Creek, from its mouth to Eden Landing.
The streams and sloughs emptying into Eel River.
The streams and sloughs south of Eureka, in Humboldt County, which prior to January 2, 1873, were used for the purpose of floating logs or timber.
The sloughs south of Humboldt Point, in Humboldt County, which at high water mark have a depth of two feet of water, and which are wide enough to float and admit a boat carrying five tons or more of freight.
That part of a slough which lies between Simonds Canal in the town of Alviso and the bay of San Francisco.
That certain creek running through the tideland survey numbered 68, and swamp and overflowed land survey numbered 145, from its mouth to the head of the tidewater therein.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1.5 - NAVIGABLE WATERS › CHAPTER 2 - Definition and Description › Section 107.

107. The coast line of the State of California from the boundary line between it and Mexico on the south, to the boundary line between it and Oregon on the north, is as defined and determined, on August 21, 1933, by the United States Coast and Geodetic Survey, and the names of the islands, rocks, headlands, bays, bodies of water and other geographic features are in accordance with nomenclature adopted by the United States Coast and Geodetic Survey as shown on its charts.
This section is not to be construed as defining or affecting property rights or property boundaries.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1.5 - NAVIGABLE WATERS › CHAPTER 3 - Offenses › Section 130.

130. Every person who cuts or causes to be cut down any tree, so that it falls into any navigable waters, and who does not remove it within twenty-four hours after it falls into the water, is liable to a penalty of five dollars for each tree.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1.5 - NAVIGABLE WATERS › CHAPTER 3 - Offenses › Section 131.

131. (a) A person who unlawfully obstructs the navigation of any navigable waters is guilty of a misdemeanor.
(b) A person found guilty of a misdemeanor violation of this section 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. 16. (SB 717) Effective January 1, 2010.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1.5 - NAVIGABLE WATERS › CHAPTER 3 - Offenses › Section 132.

132. Every person who, within the anchorage of any port, harbor, or cove of this State, into which vessels may enter for the purpose of receiving or discharging cargo, throws overboard from any vessel all or any part of the ballast, or who otherwise places or causes to be placed in such port, harbor, or cove, any obstructions to navigation, is guilty of a misdemeanor.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1.5 - NAVIGABLE WATERS › CHAPTER 3 - Offenses › Section 133.

133. (a) Except in case of emergency imperiling life or property, or unavoidable accident, collision, or stranding, or as otherwise permitted by law, it is unlawful and constitutes a misdemeanor for a person to discharge, or suffer the discharge of, oil by any methods, means, or manner, into or upon the navigable waters of the state from any vessel using oil as fuel for the generation of propulsion power, or any vessel carrying or having oil in excess of that necessary for its lubricating requirements, and as may be required under the laws and prescribed rules and regulations of the United States and this state.
(b) As used in this section, the term “oil” means oil of any kind or in any form, including fuel oil, oil sludge, and oil refuse, and the term, “navigable waters of the state,” means all portions of the sea within the territorial jurisdiction of the state, and all inland waters navigable in fact in which the tide ebbs and flows.
(c) A person found guilty of a misdemeanor violation of this section 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. 17. (SB 717) Effective January 1, 2010.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1.5 - NAVIGABLE WATERS › CHAPTER 3 - Offenses › Section 134.

134. Every person who throws, deposits, or permits another in his employ to throw or deposit, any sawdust, slabs, or refuse lumber, in any place where it may be carried or fall into the waters of Humboldt Bay, without first having constructed piers, bulkheads, dams, or other contrivances, approved by the board of supervisors of Humboldt County, to prevent their escape into the channels of the bay, is guilty of a misdemeanor.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1.5 - NAVIGABLE WATERS › CHAPTER 4 - Civil Offenses › Section 151.

151. Except where permitted pursuant to the provisions of Chapter 4 (commencing with Section 13200) of Division 7 of the Water Code, any person that intentionally or negligently causes or permits any oil to be deposited in the water of this state, including but not limited to navigable waters, shall be liable civilly in an amount not exceeding six thousand dollars ($6,000) and, in addition, shall be liable to any governmental agency charged with the responsibility for cleaning up or abating any such oil for all actual damages, in addition to the reasonable costs actually incurred in abating or cleaning up the oil deposit in such waters. The amount of the civil penalty which is assessed pursuant to this section shall be based upon the amount of discharge and the likelihood of permanent injury and shall be recoverable in a civil action by, and paid to, such governmental agency. If more than one such agency has responsibility for the waters in question, the agency which conducts the cleaning or abating activities shall be the agency authorized to proceed under this section.
(Amended by Stats. 1971, Ch. 438.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 1.5 - NAVIGABLE WATERS › CHAPTER 4 - Civil Offenses › Section 153.

153. Any recovery or settlement of money damages, including, but not limited to, civil penalties, arising out of any civil action filed and maintained by the Attorney General in the enforcement of this chapter shall be deposited in the Fish and Wildlife Pollution Cleanup and Abatement Account in the Fish and Game Preservation Fund established pursuant to Section 12017 of the Fish and Game Code.
(Added by Stats. 1986, Ch. 977, Sec. 4.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 1 - Scope of Division › Section 240.

240. The provisions of this Division, in so far as they are not in conflict with the admiralty and maritime jurisdiction and laws of the United States, apply to navigation on the navigable waters of the United States, as well as to navigation on the navigable waters of this state.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 2 - Penalties › Section 251.

251. When a passenger is to be landed from a steam vessel by means of a small boat, he shall not be permitted to get into it until it is completely afloat and wholly disengaged from the steam vessel except by the painter.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 2 - Penalties › Section 253.

253. During the landing and receiving of a passenger, and the going and returning of the small boat for the purpose, the engine shall be stopped, and may not be put in motion, except to give sufficient force to keep the steam vessel in a proper direction and safe position.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 2 - Penalties › Section 254.

254. There shall be kept in every small boat a good and suitable pair of oars. In the night-time a signal, by means of a horn or trumpet, shall be given to the steam vessel from the small boat, when having landed or received its passengers, it is ready to leave the shore.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 2 - Penalties › Section 255.

255. A steam vessel going in the same direction as a steam vessel ahead of it shall not approach or pass within the distance of ten yards; and the steam vessel ahead shall not be so navigated as unnecessarily to bring it within ten yards of the steam vessel following.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 2 - Penalties › Section 256.

256. When any steam vessel is running in the night-time the master shall cause to be shown two conspicuous lights, one exposed near the bow and the other near the stern, the latter to be at least twenty feet above the deck.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 2 - Penalties › Section 258.

258. The person in charge of any vessel at anchor in the night-time in any of the harbors or ports within the jurisdiction of this state, who fails to cause a conspicuous light to be shown in the rigging at least twenty feet above the deck, and another light to be shown from the taffrail, incurs a penalty of fifty dollars for every neglect.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 2 - Penalties › Section 260.

260. Every raft of timber floated on the Sacramento or San Joaquin rivers at night which fails to show two red lights, one at each end, and at least ten feet above the upper logs or plank, incurs a penalty of fifty dollars for each neglect.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 2 - Penalties › Section 261.

261. Every steam vessel navigating any waters of this State and carrying passengers, shall be equipped with boats as follows:
(a) If of five hundred tons measurement, one first-class life-boat and one row-boat, twenty-five feet long by seven wide, each capable of carrying fifty persons; and at least one other good row-boat.
(b) If of two hundred and fifty and less than five hundred tons measurement, at least two ordinary row-boats.
(c) If of less than two hundred and fifty tons burden, at least one small row-boat.
The boats shall be so attached that they can be launched at any time for immediate use.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 2 - Penalties › Section 263.

263. Every person in charge of a steam vessel navigating any of the waters of this State which is used for the conveyance of passengers, and every person in charge of the boiler or other apparatus for the generation of steam who, for the purpose of increasing speed or excelling any other vessel in speed, permits to be created an undue or an unsafe quantity of steam, incurs a penalty of five hundred dollars.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 2 - Penalties › Section 264.

264. (a) A captain or other person having charge of any steam vessel used for the conveyance of passengers, or of its boilers and engines, who, from ignorance or gross neglect, or for the purpose of excelling any other boat in speed, creates, or allows to be created, such an undue quantity of steam as to burst or break the boiler, or any apparatus or machinery connected with the boiler, by which bursting or breaking human life is endangered, is guilty of a felony.
(b) Notwithstanding any other provision of law, a person found guilty of a felony violation of this section shall be subject to a fine not to exceed five thousand dollars ($5,000) or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two or three years, or both that fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 135. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 2 - Penalties › Section 265.

265. The owners of every steam vessel are responsible for the good conduct of the master or other person in charge employed by them, and they are jointly and severally liable as sureties for any penalty established by this chapter.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 2 - Penalties › Section 266.

266. The penalties established by this chapter may be recovered by the district attorney of any county bordering on the water where the offense was committed or the penalty incurred, to whom notice is first given, and when recovered shall be equally divided between the county unapportioned elementary school fund and the indigent-sick fund of the county.
Any judgment pursuant to this section is a lien on the vessel against whose owners or master it is recovered.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 2 - Penalties › Section 268.

268. (a) Counties or cities may adopt restrictions concerning the navigation and operation of vessels and water skis, aquaplanes, or similar devices subject to the provisions of subdivision (a) of Section 660, and may grant permits to bona fide yacht clubs, water ski clubs, or civic organizations to conduct vessel or water ski races or other marine events over courses established, marked, and patrolled by authority of the United States Coast Guard, city harbormaster, or other officer having authority over the waters on which such race or other marine event is proposed to be conducted and on such days and between such hours as may be approved thereby. These provisions shall not apply to marine events authorized by United States Coast Guard permit.
(b) The provisions of this section shall apply to all waters which are in fact navigable regardless of whether they are declared navigable by this code.
(Amended by Stats. 1973, Ch. 345.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 3 - Losses › ARTICLE 1 - Navigation Rules › Section 281.

281. Whenever any vessel, whether a steam vessel or sailing vessel, proceeding in one direction, meets another vessel, whether a steam vessel or sailing vessel, proceeding in the opposite direction, so that if both were to continue their respective courses they would pass so near as to involve the risk of a collision, each shall give right rudder, so as to pass on the port side of each other. This rule applies to all steam vessels and all sailing vessels whether on the port or starboard tack, and whether close-hauled or not, except where the circumstances of the case are such as to render a departure from the rule necessary in order to avoid immediate danger. It is subject to a due regard to the dangers of navigation, and, as regards sailing vessels on the starboard tack close-hauled, it is subject also to the keeping of such sailing vessels under command.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 3 - Losses › ARTICLE 1 - Navigation Rules › Section 282.

282. Sailing vessels, having the wind fair, shall give way to those on a wind. When both are going by the wind, the vessel on the starboard tack shall keep its wind, and the one on the port tack shall bear up strongly, so as to pass each other on the port side. When both vessels which have the wind large or abeam meet, they shall pass each other in the same way on the port side. To effect the two last-mentioned movements each shall give right rudder. Steam vessels shall be regarded as vessels navigating with a fair wind, and shall give way to sailing vessels on a wind of either tack.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 3 - Losses › ARTICLE 1 - Navigation Rules › Section 283.

283. A steam vessel navigating a narrow channel shall, whenever it is safe and practicable, keep to that side of the fairway or mid-channel which lies on its starboard side, and a steam vessel when passing another in such a channel, shall always leave the other upon the port side.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 3 - Losses › ARTICLE 1 - Navigation Rules › Section 284.

284. When steam vessels will inevitably or necessarily cross so near that by continuing their respective courses, there would be a risk of collision, each shall give right rudder, so as always to pass on the port side of the other.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 3 - Losses › ARTICLE 1 - Navigation Rules › Section 285.

285. The rules of this article do not apply to any case for which a different rule is provided by the regulations concerning lights upon steam vessels, or for the government of pilots of steam vessels approaching each other within the sound of the steam-whistle or other audible signal, prescribed by or under authority of the laws of the United States.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 3 - Losses › ARTICLE 2 - Liability › Section 290.

290. If a collision is occasioned by failure to observe any rule of Article 1 of this chapter, the owner of the vessel by which the rule is infringed can not recover compensation for damages sustained by the vessel unless the circumstances of the case made a departure from the rule necessary.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 3 - Losses › ARTICLE 2 - Liability › Section 291.

291. Damage to person or property arising from the failure of a vessel to observe any rule of Article 1 of this chapter, shall be deemed to have been occasioned by the wilful default of the person in charge of the deck at the time, unless the circumstances of the case made a departure from the rule necessary.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 3 - Losses › ARTICLE 2 - Liability › Section 292.

292. Losses caused by collision are to be borne as follows:
(a) If either party was exclusively in fault he shall bear his own loss, and he shall compensate the other for any loss he has sustained.
(b) If neither was in fault, the loss shall be borne by him upon whom it falls.
(c) If both were in fault, the loss shall be equally divided, unless it appears that there was a great disparity in fault, in which case the loss shall be equitably apportioned.
(d) If it can not be ascertained where the fault lies, the loss shall be equally divided.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 3 - Losses › ARTICLE 2 - Liability › Section 293.

293. Where damage arises out of, or is caused directly and proximately by, the acts of an owner or operator, without the interposition of any external or independent agency which could not reasonably be foreseen, any owner or operator of any vessel engaged in the commercial transportation, storage in a vessel, or transfer of petroleum, fuel oil, or hazardous substances shall be absolutely liable without regard to fault for any property damage incurred by the state or by any county, city or district, or by any person, within the state, and for any damage or injury to the natural resources of the state, including, but not limited to, marine and wildlife resources, caused by the discharge or leakage of petroleum, fuel oil, or hazardous substances from such vessel into or upon the navigable waters of the state.
As used in this section, “owner or operator” means any person owning or operating, or chartering by demise, such vessel; “person” means an individual, firm, corporation, limited liability company, association, or partnership; and “navigable waters of the state” means all portions of the sea within the territorial jurisdiction of the state and all inland waters navigable in fact.
As used in this section, “hazardous substance” means any substance designated as such pursuant to paragraph (2) of subdivision (b) of Section 1321 of Title 33 of the United States Code.
This section shall be known and may be cited as the Miller Anti-Pollution Act of 1971.
(Amended by Stats. 1994, Ch. 1010, Sec. 147. Effective January 1, 1995.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 4 - Offenses › Section 300.

300. A person who willfully and maliciously cuts, breaks, injures, sinks, or sets adrift a vessel of less than ten gross tons that is the property of another is guilty of a misdemeanor.
(Amended by Stats. 2009, Ch. 610, Sec. 19. (SB 717) Effective January 1, 2010.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 4 - Offenses › Section 301.

301. A person who willfully and maliciously cuts, breaks, or injures a vessel of ten gross tons and upwards that is the property of another is guilty of a misdemeanor.
(Amended by Stats. 2009, Ch. 610, Sec. 20. (SB 717) Effective January 1, 2010.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 4 - Offenses › Section 302.

302. A person who willfully and maliciously sinks or sets adrift a vessel of ten gross tons and upwards that is the property of another is guilty of a felony.
(Amended by Stats. 2009, Ch. 610, Sec. 21. (SB 717) Effective January 1, 2010.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 4 - Offenses › Section 303.

303. A person who willfully and maliciously burns, injures, or destroys any part of, or the whole of, a pile or raft of wood, plank, boards, or other lumber, or cuts loose or sets adrift the raft or part of the raft, that is the property of another, is guilty of a misdemeanor.
(Amended by Stats. 2006, Ch. 538, Sec. 342. Effective January 1, 2007.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 4 - Offenses › Section 304.

304. A person in command or charge of a vessel, who, within this state, willfully wrecks, sinks, or otherwise injures or destroys it or any of its cargo, or willfully permits the same to be wrecked, sunk, or otherwise injured or destroyed, with intent to prejudice or defraud a person, is guilty of a felony.
(Amended by Stats. 2009, Ch. 610, Sec. 22. (SB 717) Effective January 1, 2010.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 4 - Offenses › Section 305.

305. A person, other than one described in Section 304 who is guilty of any act specified in that section is guilty of a felony.
(Amended by Stats. 2009, Ch. 610, Sec. 23. (SB 717) Effective January 1, 2010.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 4 - Offenses › Section 306.

306. A person who prepares, makes, or subscribes a false or fraudulent manifest, invoice, bill of lading, ship’s register, or protest, with intent to defraud another, is guilty of a felony.
(Amended by Stats. 2009, Ch. 610, Sec. 24. (SB 717) Effective January 1, 2010.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 4 - Offenses › Section 307.

307. (a) A person who moors a vessel to, or hangs on with a vessel to, a buoy or beacon, except a designated mooring buoy, is guilty of an infraction, punishable by a fine of not more than one hundred dollars ($100).
(b) A person who willfully removes, damages, or destroys a buoy or beacon, placed by competent authority in any navigable waters of this state, is guilty of a misdemeanor.
(Amended by Stats. 2014, Ch. 67, Sec. 1. (SB 1162) Effective January 1, 2015.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 4 - Offenses › Section 308.

308. A person who moors a vessel of any kind, to a buoy or beacon, except a designated mooring buoy, placed in the waters of the state by authority of the United States Coast Guard, or who in any manner hangs on to the same, with a vessel, or who willfully removes, damages, or destroys any such buoy or beacon, or any part of the buoy or beacon, or who cuts down, removes, damages, or destroys a beacon erected on land in this state by that authority, is, for every offense, guilty of a misdemeanor.
(Amended by Stats. 2009, Ch. 610, Sec. 26. (SB 717) Effective January 1, 2010.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 4 - Offenses › Section 309.

309. A person found guilty of a misdemeanor violation as provided in this chapter 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.
(Added by Stats. 2009, Ch. 610, Sec. 27. (SB 717) Effective January 1, 2010.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 2 - NAVIGATION › CHAPTER 4 - Offenses › Section 310.

310. Notwithstanding any other provision of law, a person found guilty of a felony violation as provided in this chapter shall be subject to a fine not to exceed five thousand dollars ($5,000) or imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for 16 months, two or three years, or both that fine and imprisonment.
(Amended by Stats. 2011, Ch. 15, Sec. 136. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 1 - General Provisions and Definitions › Section 399.

399. 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 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 1 - General Provisions and Definitions › Section 400.

400. “Appurtenances” include all things belonging to the owners, which are on board a vessel, and which are connected with its proper use and the objects of the voyage and adventure in which it is engaged.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 1 - General Provisions and Definitions › Section 401.

401. Vessels are engaged in foreign or domestic navigation, or in the fisheries. Vessels are engaged in foreign navigation when passing to or from a foreign country; and in domestic navigation, when passing from place to place within the United States.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 1 - General Provisions and Definitions › Section 403.

403. If a vessel belongs to several persons, not partners, and they differ as to its use or repair, the controversy may be determined by any court of competent jurisdiction.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 1 - General Provisions and Definitions › Section 404.

404. If the owner of a vessel commits its possession and navigation to another, that other, and not the owner, is responsible for its repairs and supplies.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 1 - General Provisions and Definitions › Section 406.

406. Any and all rights and obligations created pursuant to the provisions of Chapter 2 (commencing with Section 450) of this division are subordinate to any superseding federal law.
(Added by Stats. 1970, Ch. 1341.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 1.5 - Vessel Repair › Section 410.

410. As used in this article, the following definitions apply:
(a) “Customer” means any person who requests a repairperson to do work on a vessel which is in the possession of that person.
(b) “Repairperson” means any person engaged in the business of repairing vessels.
(c) “Vessel” means any vessel which is subject to registration with the Department of Motor Vehicles and which is manufactured or used for noncommercial purposes or is leased, rented, or chartered to another for noncommercial use.
(Added by Stats. 1986, Ch. 305, Sec. 1.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 1.5 - Vessel Repair › Section 412.

412. Notwithstanding Section 502, a repairperson has no lien on a vessel under this article for compensation for services rendered to the vessel, unless the repairperson has complied with this article.
(Added by Stats. 1986, Ch. 305, Sec. 1.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 1.5 - Vessel Repair › Section 414.

414. Any repairperson who gives an original estimate in good faith, shall not be obligated to complete a job within the quoted or written estimated price if additional, unforeseen work is necessary to complete the job and the customer refuses to consent to payment for the cost of that additional work.
(Added by Stats. 1986, Ch. 305, Sec. 1.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 1.5 - Vessel Repair › Section 415.

415. All work done by a repairperson, including all warranty work, shall be recorded on an invoice and shall describe all work done and parts supplied.
Work and parts shall be listed separately on the invoice, which shall also state separately the subtotal prices for work and for parts, not including sales tax, and shall state separately the sales tax, if any, applicable to each.
If any used, rebuilt, or reconditioned parts are supplied, the invoice shall clearly state that fact. If a part of a component system is composed of new and used, rebuilt, or reconditioned parts, the invoice shall clearly state that fact.
One copy of the invoice shall be given to the customer and one copy shall be retained by the repairperson.
(Added by Stats. 1986, Ch. 305, Sec. 1.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 1.5 - Vessel Repair › Section 416.

416. The invoice shall show the repairperson’s business name and address.
If the repairperson’s telephone number is on the invoice, it shall be the telephone number that appears in any advertisement or on an advertising sign, and shall be the same number as that listed for the repairperson’s firm name and address in the telephone directory, or on the telephone company records if the number is assigned to the repairperson subsequent to the publication of the telephone directory.
(Added by Stats. 1986, Ch. 305, Sec. 1.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 1.5 - Vessel Repair › Section 417.

417. Notwithstanding Section 413, upon authorization from the customer as to a specific job, a repairperson may work on a vessel on a time and materials basis.
(Added by Stats. 1986, Ch. 305, Sec. 1.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 1.5 - Vessel Repair › Section 418.

418. (a) This article does not apply to a vessel in distress which is in need of immediate work critical to its preservation and safety, for which consent cannot expeditiously be obtained.
(b) This section does not include any situation or accident caused to the vessel by the negligence or conduct of the repairperson or the repairperson’s agent.
(Added by Stats. 1986, Ch. 305, Sec. 1.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 2 - Liability, Generally › Section 422.

422. Perils of the sea are:
(a) Storms and waves.
(b) Rocks, shoals, and rapids.
(c) Other obstacles, though of human origin.
(d) Changes of climate.
(e) The confinement necessary at sea.
(f) Animals peculiar to the sea.
(g) All other dangers peculiar to the sea.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 2 - Liability, Generally › Section 423.

423. A marine carrier shall not stow freight upon deck during the voyage, except where it is usual so to do, nor make any improper deviation from or delay in the voyage, nor do any other unnecessary act which would avoid an insurance in the usual form upon the freight.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 2 - Liability, Generally › Section 424.

424. The owner of a vessel is bound to pay to the owner of her cargo the market value, at the time of arrival of the ship at the port of her destination, of that portion of her 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.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 2 - Liability, Generally › Section 425.

425. A carrier by water may, when in case of extreme peril it is necessary for the safety of the vessel or cargo, throw overboard, or otherwise sacrifice, any or all of the cargo or appurtenances of the vessel. Throwing property overboard for such purpose is called jettison, and the loss incurred is called a general average loss.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 2 - Liability, Generally › Section 427.

427. A jettison can be made only by authority of the master of a vessel, except in case of his disability, or of an overruling necessity, when it may be made by any other person.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 2 - Liability, Generally › Section 428.

428. The loss incurred by a jettison, when lawfully made, shall be borne in due proportion by all that part of the vessel, appurtenances, freightage, and cargo for the benefit of which the sacrifice is made, as well as by the owner of the thing sacrificed.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 2 - Liability, Generally › Section 429.

429. The proportions in which a general average loss is to be borne shall be ascertained by an adjustment, in which the owner of each separate interest shall be charged with that proportion of the value of the thing lost which the value of his part of the property affected bears to the value of the whole. But an adjustment made at the end of the voyage, if valid there, is valid everywhere.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 2 - Liability, Generally › Section 430.

430. In estimating values for the purpose of a general average, the vessel and appurtenances shall be valued as at the end of the voyage, the freightage at one-half the amount due on delivery, and the cargo as at the time and place of its discharge; adding, in each case, the amount made good by contribution.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 2 - Liability, Generally › Section 431.

431. The owner of things stowed on deck, in case of their jettison, is entitled to the benefit of a general average contribution only if it is usual to stow such things on deck upon such a voyage.
(Enacted by Stats. 1937, Ch. 368.)
2023 California Code › Harbors and Navigation Code - HNC › DIVISION 3 - VESSELS › CHAPTER 1 - Vessels Generally › ARTICLE 2 - Liability, Generally › Section 432.

432. The law concerning jettison and general average is equally applicable to every other voluntary sacrifice of property on a vessel, or to an expense necessarily incurred, for the preservation of the vessel and cargo from extraordinary perils.
(Enacted by Stats. 1937, Ch. 368.)