citation: HNC § 717

text: Application for a license as a broker shall be made on forms prescribed by the department and shall be signed by the applicant. The application shall be accompanied by the broker license examination fee.

article: 2. Yacht and Ship Brokers


kind: section

code: HNC

citation: HNC § 718

text: Application for a license as a salesman shall be made on forms prescribed by the department and shall be signed by the applicant and by the employing broker. The application shall be accompanied by the salesman license examination fee.

history: (History: Added by Stats. 1978, Ch. 453.)

division: 3. VESSELS

chapter: 5. Operation and Equipment of Vessels

article: 2. Yacht and Ship Brokers

path: 3. VESSELS > 5. Operation and Equipment of Vessels > 2. Yacht and Ship Brokers


citation: HNC § 719

text:
(a) A person shall be deemed qualified to submit an application for a broker’s license if, as shown on the department’s records, the person meets all of the following requirements:

(1) Is at least 18 years of age.

(2) Has not been cited for a violation of this article within the preceding two years.

(3) Possesses a working knowledge and understanding of the principles of the yacht brokerage business and profession.

(4) Either has been employed within five years preceding his or her application as a California licensed salesperson for at least one year, has been licensed as a California broker within five years preceding his or her application, has owned and operated a marine business selling new or used yachts for a minimum of three continuous years, or has been employed as a broker or a yacht salesperson in another state where that employment was a primary occupation for a minimum of three continuous years immediately preceding application for a broker’s license in California. Proof of employment as a broker in another state or as an employee of a marine business selling new or used yachts in California shall be in the form of all of the following:

(A) State, if applicable, and federal income tax returns, or a proof of earning statement made by the applicant under penalty of perjury, for the three-year period preceding the filing of the application in California.

(B) If bonded, a statement issued by the applicant’s bonding company that no action has been taken against the bond for fraud or gross misrepresentation for the period for which the bond has been issued.

(C) A copy of all business permits, issued by any state, county, or city agency, which, if applicable, includes the fictitious business name (“dba” or “doing business as”) under which the applicant conducted a yacht or ship brokerage business or a marine business selling new or used yachts in California for the three-year period preceding application for a California broker’s license.

(D) If the applicant conducts a yacht or ship brokerage business in another state that requires broker or salesperson licensing, evidence of a current license issued by that state.

(b) If the applicant is a partnership, then one of the partners of the applicant shall have the foregoing qualifications.

(c) If the applicant is a corporation, then the officer or officers of the corporation to be designated for a license as provided in this article shall have the foregoing qualifications.

history: (History: Amended by Stats. 2000, Ch. 380, Sec. 2. Effective January 1, 2001.)

article: 2. Yacht and Ship Brokers


citation: HNC § 720

text: The department may require proof as it deems advisable concerning the honesty, truthfulness, and good reputation of the applicant for a broker’s or salesperson’s license or of the officers of any corporation making application before the issuance of a broker’s license. For this purpose, the director may call a hearing in accordance with this article, and at the request of the applicant shall call a hearing.

history: (History: Amended by Stats. 2000, Ch. 508, Sec. 2.5. Effective January 1, 2001.)

article: 2. Yacht and Ship Brokers


citation: HNC § 721

text:
(a) In addition to any proof of honesty, truthfulness, and good reputation required of any applicant for a broker’s license, the department shall ascertain by written examination that the applicant, and in case of a partnership or corporation applicant for a broker’s license that an officer or partner thereof through whom it proposes to act as a yacht broker, has all of the following:

(1) Appropriate knowledge of the English language, including reading, writing, and spelling, and of arithmetical computations common to the yacht brokerage business.

(2) An understanding of the principles of the yacht brokerage business and profession, including an understanding of a certificate of ownership, certificate of number, security agreement, bill of sale, and other documents required to register and number, and to transfer title of an undocumented vessel pursuant to the Vehicle Code.

(3) An understanding that transfer of title of a documented vessel shall be performed in accordance with federal law as administered by the United States Coast Guard.

(4) An understanding of maritime and admiralty liens with respect to vessels and the requirements of the Department of Transportation or other federal agency and the United States Coast Guard with respect to documentation, mortgaging, and transferring of title of documented vessels.

(5) An understanding of agency contracts and of types and kinds of listings and deposit receipts with respect to vessels.

(6) A general knowledge of equipment legally required on a yacht.

(7) A general understanding of the obligations between principal and agent, and of the fiduciary relationship between them, and of business ethics pertaining to the business and profession of yacht brokers and yacht salespersons.

(8) A general knowledge of yachts.

(b) (1) If an applicant fails to pass the required examination, the department shall so notify the applicant, may suggest further study, and, upon payment of the required fee, shall schedule a reexamination.

(2) Notwithstanding paragraph (1), whenever an applicant fails to pass the written examination on the third attempt to do so, he or she shall be prohibited from retaking the examination for a period of six months from the date of taking the third examination.

history: (History: Amended by Stats. 1996, Ch. 445, Sec. 3. Effective January 1, 1997.)

article: 2. Yacht and Ship Brokers


citation: HNC § 722

text: The license first issued to a broker shall be for a period of one year. Such license may be renewed for periods of two years upon filing of the required application and payment of the required fee.

article: 2. Yacht and Ship Brokers


citation: HNC § 723

text: The license first issued to a salesman shall be for a period of one year. Such license may be renewed for periods of two years. Applicants for renewal of such licenses shall submit a recommendation of the broker who is to be his employer certifying that the applicant is honest, truthful, and of good reputation. The license of a salesman may be renewed upon filing the required application and payment of the renewal fee.

article: 2. Yacht and Ship Brokers


citation: HNC § 724

text:
(a) An application on the form prescribed by the department for the renewal of a broker or salesman license shall be filed with the department prior to the last day of the period for which a previous license was issued, accompanied by the applicable renewal fee.

(b) Every license not renewed in accordance with subdivision (a) shall expire at midnight of the last day of the period for which it was issued and shall immediately be returned to the department. The license may thereafter be reinstated only upon the filing of an application therefor, accompanied by the payment of the renewal fee required by this article, together with a penalty equal to 50 percent of the renewal fee. No examination shall be required for the reinstatement of a license which has expired solely for nonpayment of the renewal fee as required by this subdivision, subject to Section 726.

(c) An application for the reinstatement of a license which has expired pursuant to subdivision (b) shall be executed under penalty of perjury. The department may refuse to grant reinstatement if the applicant, after the expiration of the license, has performed any act or participated in any transaction for which a license is required by this article or, during the period, has committed any offense or performed any act which would be cause for the suspension or revocation of a license under this article. However, the department shall not refuse to grant reinstatement unless written notice of the grounds of the refusal is mailed or delivered to the applicant.

(d) A salesman’s license which expires other than pursuant to subdivision (b) and under conditions beyond the control of the salesman may be reinstated with another broker on payment of the transfer fee and the renewal fee if applicable and without penalty.

(e) All fees charged and collected under this article shall be paid by the department at least once a month, accompanied by detailed statement, into the State Treasury to the credit of the Harbors and Watercraft Revolving Fund.

(f) All fees charged and collected under this article and paid into the State Treasury are continuously appropriated to carry out the provisions of this article and shall be paid in the manner provided by law.

(g) The department may establish a revolving fund in an amount that it may determine subject to the approval of the director.

history: (History: Amended by Stats. 1983, Ch. 630, Sec. 4.)

article: 2. Yacht and Ship Brokers


citation: HNC § 725

text:
Temporary licenses may be issued to salespersons under the following conditions:

(a) The licenses shall be issued for a period not to exceed 60 days and only one license shall be issued to each applicant.

(b) An application shall be filed for a temporary license and for a permanent license and at the same time the applicant shall pay all the prescribed fees.

(c) The application shall be in the form and upon the conditions required by the department as provided in this article with respect to a permanent salesperson’s license.

(d) On or before the expiration date of the temporary license, the licensee shall take a written examination for a permanent license. If, without a valid excuse, the licensee fails to appear for the examination at the time prescribed, the examination fee shall be forfeited. In the event of failure to pass the required examination, the department shall notify the applicant, may suggest further study, and upon payment of fees, shall schedule a reexamination.

(e) The applicant shall be at least 18 years of age.

history: (History: Amended by Stats. 2000, Ch. 380, Sec. 3. Effective January 1, 2001.)

article: 2. Yacht and Ship Brokers


citation: HNC § 726

text:
(a) A person who fails to renew his license within two years after its expiration may not renew it pursuant to Section 724. Such person may apply and obtain a new license, in which case all of the provisions hereof shall apply as if such person were applying for a license for the first time.

(b) In the event a salesman’s license expires only because that salesman procured a broker’s license or a broker’s license expires only because that broker procured a salesman’s license, either former license may be reinstated under the provisions of Section 724 within two years of the expiration of the latter license.

article: 2. Yacht and Ship Brokers


citation: HNC § 727

text: The department may issue a certificate of convenience to the executor or administrator of the estate of a deceased broker, or if no executor or administrator has been appointed, and until a certified copy of an order making such appointment is filed with the department, to the widow or other heir otherwise entitled to conduct the business of the deceased, permitting such person to act as a broker in the conduct of the business of the estate for a period of 90 days from and after the date of death pending, but not later than, disposal of the business unless such person qualifies by examination for and obtains a permanent broker’s license. The department may extend the certificate of convenience beyond the 90 days on the showing of a just and reasonable cause.

article: 2. Yacht and Ship Brokers


citation: HNC § 728

text:
(a) Every license issued to a corporation entitles one officer thereof on behalf of the corporation to engage in the business of broker without the payment of any further fee and such officer shall be designated in the application of the corporation for a license. When a broker’s license is issued to a corporation, if it desires any of its officers other than the officer designated by it in the application as provided in this section to act under its license as a broker, it shall procure an additional broker’s license to so employ each of such additional officers. For each officer other than the officer so designated through whom the corporation engages in the business of broker, the appropriate original or renewal fee shall be paid in addition to the fee paid by the corporation.

(b) Each officer of a corporation through whom it is licensed to act as a broker is, while so employed under such license, a licensed yacht broker, but licensed only to act as such for and on behalf of the corporation as an officer.

(c) An officer of a corporation licensed to act as a broker on behalf of the corporation who desires also to act as a broker or salesman under this article on his own behalf shall procure a separate license in accordance with the provisions of this article.

(d) The department may deny, suspend, or revoke the broker’s license of a corporation as to any officer acting under its license without revoking the license of the corporation. Every corporation making application for a license under this article shall furnish the department with a resolution of its board of directors giving the name of the officer or officers who shall act for and on behalf of the corporation.

(e) Every corporation licensed under the provisions of this article may by resolution of its board of directors substitute another officer for the one named in the corporation license, provided the person to be substituted qualifies as provided for in this article for a broker’s license and the corporation pays the appropriate original, renewal, or transfer fee as set forth in this article.

article: 2. Yacht and Ship Brokers


citation: HNC § 729

text:
(a) Every license issued to a partnership entitles one partner thereof on behalf of the partnership to engage in the business of yacht broker without the payment of any further fee and such partner shall be designated in the application of the partnership for a license.

(b) When a broker’s license is issued to a partnership, if the partnership desires any partner or partners other than the partner designated by it as provided in this section to act under its license as a broker, the partnership shall procure an additional broker’s license for each of such additional partner or partners. For each partner other than the partner designated through whom the partnership engages in the business of yacht broker, the appropriate original or renewal fee shall be paid in addition to the fee paid by the partnership.

(c) Each partner of a partnership is licensed to act as a broker while such a partner under such license is a licensed broker, but is licensed only to act as such for and on behalf of the partnership.

(d) A partner of a partnership licensed to act as a broker on behalf of the partnership who desires also to act as a broker or salesman under this article on the partner’s own behalf shall procure a separate license in accordance with the provisions of this article.

(e) The department may deny, suspend, or revoke the broker’s license of a partnership as to any partner acting under its license without revoking the license of the partnership.

(f) Every partnership making an application for a license under this article shall set forth in the application the name of the partner who is to act under the license for and on behalf of the partnership.

(g) Every partnership licensed under the provisions of this article may substitute another partner for the one named in the partnership license provided the person to be substituted qualifies as provided for in this article for a broker’s license and the partnership pays the appropriate original, renewal, or transfer fee as set forth in this article.

article: 2. Yacht and Ship Brokers


text:
(a) Any limited liability company licensed by the department as a yacht broker on July 1, 2001, in order to continue to be licensed after that date, shall apply to the department in the form of an individual, partnership, or corporation for a broker’s license on or before the expiration date of its existing license.

(b) On or before February 1, 2001, the department shall provide notice of the requirements imposed by subdivision (a) to any limited liability company licensed by the department.

history: (History: Added by Stats. 2000, Ch. 508, Sec. 3. Effective January 1, 2001.)

article: 2. Yacht and Ship Brokers


citation: HNC § 730

text:
(a) Before any broker’s license shall be issued or renewed by the department for any applicant, the applicant shall procure, file, and maintain with the department a good and sufficient bond in the amount of fifteen thousand dollars ($15,000) with a corporate surety duly licensed to do business within the State of California, and conditioned that the applicant shall not practice any fraud or deceit or make any fraudulent or grossly negligent representations that will cause a monetary loss to any person for whom the broker acts under this article.

(b) If any person suffers any loss or damage by reason of any fraud or deceit practiced on that person or any fraudulent or grossly negligent representation made to that person by a licensed broker or the broker’s sales personnel acting for the broker on the broker’s behalf or within the scope of the employment of the sales personnel, which fraud, deceit, or fraudulent or grossly negligent representation is practiced or made with respect to any act of the broker or the sales personnel for which a license is required under this article, that person has a right of action against the broker, the sales personnel, the surety upon the broker’s bond, or the deposit held by the department in accordance with Section 731. If any action is commenced upon the bond, the surety thereunder and the licensed yacht broker with respect to whom the bond has been issued shall immediately notify the department of the action.

(c) If an action is commenced on the bond of a licensed broker, the department may require the filing of an additional bond, and immediately upon the recovery in any action on the bond, the broker described therein shall file a new bond. Failure to file an additional bond within 15 days after notification that an additional bond is required by reason of action against the bond or after recovery on a bond constitutes a failure to comply with this article, in which case the license of the licensed broker whose bond has been canceled or on whose bond recovery has been made may be suspended.

(d) If a broker’s bond is canceled for a reason other than an action being commenced upon it, a new bond shall be filed by the broker. Failure to file a new bond within 30 days after notification that a new bond is required because a previous bond has been canceled constitutes a failure to comply with this article, in which case the license of the licensed broker whose bond has been canceled may be suspended.

history: (History: Amended by Stats. 1996, Ch. 445, Sec. 4. Effective January 1, 1997.)

article: 2. Yacht and Ship Brokers


citation: HNC § 731

text:
(a) A cash deposit given instead of the bond required by Section 730 shall be held by the department during the life of the license and for a period of four years after the expiration of the license.

(b) If an action is commenced on the cash deposit of a licensed broker pursuant to subdivision (a), the department may require the filing of an additional cash deposit, and immediately, upon the recovery in any action on the deposit, the broker described therein shall file a new cash deposit, equal to the amount specified in the action or recovery, but no greater than the amount specified in subdivision (a) of Section 730, whichever is less. Failure to file an additional cash deposit within 30 days after notification that an additional cash deposit is required by reason of an action filed against the cash deposit, or after the recovery on a cash deposit, shall constitute a failure to comply with this article, in which case the department may suspend the license of the licensed broker whose cash deposit has been acted on, or where a cash deposit recovery has been made.

history: (History: Amended by Stats. 1998, Ch. 475, Sec. 2. Effective January 1, 1999.)

article: 2. Yacht and Ship Brokers


citation: HNC § 732

text:
The department may deny an application or temporarily suspend or permanently revoke the license of a broker or a salesperson at any time if the licensee, while a broker or salesperson, in performing or attempting to perform any of the acts within the scope of this article, has committed any of the following acts:

(a) Makes any substantial misrepresentation, including a false advertisement or an omission of relevant facts upon which any person has relied.

(b) Makes a false warranty of a character likely to influence, persuade, or induce any person with whom business is transacted under this article.

(c) Engages in a continued and flagrant course of misrepresentation or makes false warranties whether or not relied upon by another person.

(d) Acts for the buyer and seller in a transaction without full disclosure of that fact to the buyer and seller and their written consent, except in the case where the selling broker is not the listing broker.

(e) Commingles the money or other property of his or her principal with that of his or her own or uses it for any purpose other than that for which it was entrusted, when the yacht involved in the transaction is not his or her own.

(f) Disburses or uses entrusted money for purposes other than those specifically authorized by Section 714.

(g) Uses coercive or oppressive methods for the purpose of obtaining business or of procuring a listing or participating in a transaction.

(h) Quotes prices different from the gross listing prices without the consent of the seller.

(i) Engages in any other conduct constituting fraud or dishonest dealings, either with respect to his or her principal or other persons.

(j) Permits his or her name to be used for the purpose of assisting any person who is not a licensed broker or salesperson to evade this article.

(k) Demonstrates negligence or incompetence in performing any act for which he or she is required to hold a license.

(l) As a broker licensee, fails to exercise reasonable supervision over the activities of his or her salespersons, or, as the person designated by a corporate or partnership licensee, fails to exercise reasonable supervision and control over the activities of the corporation or partnership for which a yacht and ship broker’s license is required.

(m) Fails to act in accordance with, or disregards, his or her fiduciary duty toward a principal.

(n) Violates any provisions of Section 708, 712, 714, 715, 716, 730, or 731, or the rules and regulations of the department implementing this article.

history: (History: Amended by Stats. 2000, Ch. 508, Sec. 4. Effective January 1, 2001.)

article: 2. Yacht and Ship Brokers


citation: HNC § 733

text:
The department may deny an application or may suspend or revoke the license of a yacht broker or yacht salesperson who, within four years immediately preceding, has committed any of the following acts:

(a) Has procured a license under this article for himself or herself or another by fraud, misrepresentation, or deceit.

(b) Has been convicted of a felony or any crime involving moral turpitude.

(c) Has withheld information from the department that he or she at any time has been convicted of a felony or any crime involving moral turpitude.

(d) Knowingly authorizes, directs, connives, or aids in the publication, advertisement, distribution, or circulation of any material false statements or misrepresentation concerning his or her business or any transaction under this article.

(e) Has acted or conducted himself or herself in a manner that would warrant the denial of his or her application for a broker’s or salesperson’s license pursuant to Section 720.

history: (History: Amended by Stats. 2000, Ch. 508, Sec. 5. Effective January 1, 2001.)

article: 2. Yacht and Ship Brokers


text:
(a) The division shall require an applicant for a yacht and ship broker or salesperson license, as those terms are defined in Section 701, to undergo a fingerprint-based state and national criminal history background check.

(b) The division shall submit to the Department of Justice fingerprint images and related information for individuals specified in subdivision (a) who are subject to a state and national criminal history background check, pursuant to subdivision (u) of Section 11105 of the Penal Code. The Department of Justice shall provide a state- and federal-level response pursuant to subdivision (p) of Section 11105 of the Penal Code.

history: (History: Added by Stats. 2025, Ch. 113, Sec. 30. (SB 160) Effective September 17, 2025.)

article: 2. Yacht and Ship Brokers


citation: HNC § 734

text:
(a) The department shall not deny, suspend, or revoke a license granted under this article without a hearing, except the department may suspend a license without a hearing for failure of a broker to maintain a bond as specified in subdivision (d) of Section 730, or for failure of a broker to make available to the department, for inspection, any records, as set forth in Section 735.1.

(b) The department may upon its own motion, and shall upon the verified written complaint of any person which sets forth facts which could be grounds for the denial, suspension, or revocation of a license pursuant to this article, investigate the actions of any broker or salesman whether or not licensed.

(c) The suspension, expiration, or revocation by operation of law of a license issued by the department, or its surrender, whether voluntary or not, does not deprive the department of its authority, during the period in which the license may be renewed, reinstated, or reissued, to institute or continue a disciplinary proceeding against the licensee upon any ground provided by law, to enter an order suspending or revoking the license, or to take any action against the licensee on any other ground provided by law.

(d) A broker whose license has been suspended pursuant to subdivision (a) for failure to make records available to the department for inspection, may request that an expedited hearing be held within 30 days of the suspension before an administrative law judge to appeal the suspension. Upon a showing of good cause to reinstate the license, the broker’s license shall be reinstated. If no good cause is found, the broker’s license may be revoked.

(e) (1) Except as otherwise provided by law, in any order issued in resolution of a disciplinary proceeding under this article, the department may request the administrative law judge to direct a licensee found to have committed a violation or violations of this article to pay a sum not to exceed the reasonable costs of the investigation, prosecution, and enforcement of the case.

For purposes of this paragraph, “reasonable costs” shall include, but not be limited to, all of the following:

(A) Attorney, paralegal, and investigator fees and costs, including salary, travel, and other expenses attributable to hours expended on the case by employees of the office of the Attorney General and the department.

(B) Witness fees, travel, and other expenses paid to or in connection with witnesses to facilitate their attendance and testimony at the disciplinary proceeding or to facilitate their appearance at a deposition, by video or by other means.

(C) Fees and costs attributable to expert review, including, but not limited to, laboratory analysis, physical examination, and psychological examination, whether by an independent expert or a staff member of the department.

(D) Administrative expenses attributable to case preparation and presentation, including, but not limited to, exhibit preparation and document copying, postage, telephone calls, word processing, whether by an independent contractor or a staff member of the department, and costs for obtaining certified public documents.

(2) In the case of a disciplined licensee that is a corporation or a partnership, the order may be made against the licensed corporate entity or licensed partnership.

(3) A declaration under penalty of perjury of the actual costs, or a good faith estimate of costs if the actual costs are not available, signed by the director, and containing sufficient information by which the administrative law judge can determine the costs incurred in connection with the matter and the reasonableness of the costs, shall be prima facie evidence of reasonable costs of investigation, prosecution, and enforcement of the case.

(4) The administrative law judge shall make a proposed finding of the amount of reasonable costs of investigation and prosecution of the case when requested pursuant to paragraph (1). The department may reduce or eliminate the award of any costs by the administrative law judge, and may request the administrative law judge to reconsider his or her decision if the proposed decision does not make a finding on costs as requested pursuant to paragraph (1).

(5) Where an order for recovery of costs is made and timely payment is not made as directed, the department may enforce the order for repayment in any appropriate court. This right of enforcement shall be in addition to any other rights the department may have as to any licensee to pay costs.

(6) In any action for recovery of costs, proof of the department’s decision shall be conclusive proof of the validity of the order of payment and the terms for payment.

(7) The department shall not renew or reinstate the license of any licensee who does not pay all of the costs ordered under this section.

(8) All costs recovered under this section shall be considered a reimbursement for costs incurred and shall be deposited in the Harbors and Watercraft Revolving Fund.

(9) Nothing in this section shall preclude the department from including the recovery of the costs of investigation, prosecution, and enforcement of a case in any stipulated settlement.

history: (History: Amended by Stats. 1998, Ch. 475, Sec. 3. Effective January 1, 1999.)

article: 2. Yacht and Ship Brokers


citation: HNC § 735

text:
(a) Every broker shall maintain a definite place of business in this state as his principal office and may establish other branch offices throughout the state. Every broker maintaining more than one place of business within this state shall procure an additional license for every branch office maintained by him. Every broker shall keep the department informed at all times of the address of his principal and branch offices and any changes of address.

(b) Every broker’s license shall be prominently displayed in the broker’s principal office. The license for each branch office, if any, of such broker shall be prominently displayed in such branch office. Every salesman’s license shall be prominently displayed in the principal office or branch office of the broker in which the business of such salesman is transacted. When a broker or any branch office to which a license was issued, for any reason ceases to be licensed, or when there is a name or address change, such license shall be immediately returned to the department.

(c) Every salesman’s license shall remain in the control of the broker by whom the salesman is employed until the license is canceled or until he leaves the employment of the broker. Immediately upon the salesman’s withdrawal from the employment of the broker, such broker shall return such salesman’s license to the department for cancellation and shall notify the department of the exact date of termination.

(d) Upon the issuance of a license, a pocket card of such size, design, and content as may be determined by the department may be issued without charge to such licensee, which card shall be evidence that the licensee is duly licensed pursuant to this article. When any broker to whom a card is issued ceases for any reason to be licensed as a broker, the card issued to such broker shall be mailed or delivered by the broker to the department for cancellation. When any salesman to whom a card is issued ceases to be a salesman for any reason, the card issued to him shall be mailed or delivered to the department for cancellation.

history: (History: Amended by Stats. 1980, Ch. 421.)

article: 2. Yacht and Ship Brokers


text: A licensed broker shall retain, for four years, copies of all listings, deposit receipts, canceled checks, trust records, and other documents executed or obtained by the broker in connection with a transaction for which a broker’s license is required. These records shall be made available to the department for inspection upon request. If the records have not been made available within 30 days of a request by the department, the department may subpoena the requested records. If the records have not been made available within 14 days from the requested day of production on the subpoena, and the director determines that the public may be at risk if the broker continues to be licensed, the department may suspend the broker’s license pursuant to Section 734.

history: (History: Added by Stats. 1998, Ch. 475, Sec. 4. Effective January 1, 1999.)

article: 2. Yacht and Ship Brokers


text: The department shall accept any electronic record or electronic or digital signature created, generated, sent, communicated, received, or stored by electronic means on or after January 1, 2000. A “digital signature” means a signature that complies with the regulations adopted by the Secretary of State relating to digital signatures.

history: (History: Added by Stats. 2000, Ch. 380, Sec. 4. Effective January 1, 2001.)

article: 2. Yacht and Ship Brokers


citation: HNC § 736

text:
(a) The division shall adopt regulations setting forth the fees to be charged and collected under this article. The fees shall be sufficient to reimburse the division for the reasonable costs of implementing this article.

(b) A criminal records investigation fee shall be collected for both a salesperson’s and broker’s license in an amount determined by the Department of Justice, or by any other state or federal custodian of criminal records from which the division has requested information concerning an applicant’s criminal record, not to exceed the amount needed to reimburse the division for conducting the criminal records investigation.

(c) The following fees shall apply until such time that the division adopts regulations pursuant to subdivision (a):

(1) Two hundred dollars ($200) for each original broker’s license.

(2) Seventy-five dollars ($75) per year for the renewal of an original broker’s license.

(3) One hundred dollars ($100) for each original salesperson’s license.

(4) Fifty dollars ($50) per year for the renewal of an original salesperson’s license.

(5) Twenty-five dollars ($25) for a salesperson’s temporary license.

(6) Twenty-five dollars ($25) for each license obtained by a broker for a branch office and for each renewal thereof.

(7) Ten dollars ($10) for each transfer of a salesperson’s license for each change of employment.

(8) Ten dollars ($10) for each duplicate license.

(9) Ten dollars ($10) for each substitution of a name in the license of a corporation or a partnership.

(10) Ten dollars ($10) for the granting of each certificate of convenience under Section 727.

(11) Twenty-five dollars ($25) for each examination.

history: (History: Amended by Stats. 2013, Ch. 425, Sec. 2. (AB 865) Effective January 1, 2014.)

article: 2. Yacht and Ship Brokers


citation: HNC § 737

text:
(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.

history: (History: Amended by Stats. 1998, Ch. 475, Sec. 5. Effective January 1, 1999.)

article: 2. Yacht and Ship Brokers


citation: HNC § 738

text:
(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.

history: (History: Amended by Stats. 2009, Ch. 610, Sec. 36. (SB 717) Effective January 1, 2010.)

article: 2. Yacht and Ship Brokers


citation: HNC § 739

text:
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.

history: (History: Amended by Stats. 2000, Ch. 508, Sec. 6. Effective January 1, 2001.)

article: 2. Yacht and Ship Brokers


citation: HNC § 740

text: 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.

history: (History: Added by Stats. 1990, Ch. 561, Sec. 5.)

article: 2. Yacht and Ship Brokers


citation: HNC § 754

text:
(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.

history: (History: Added by Stats. 1970, Ch. 1341.)

article: 2.5. Stored Vessels

path: 3. VESSELS > 5. Operation and Equipment of Vessels > 2.5. Stored Vessels


citation: HNC § 759

text:
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.

history: (History: Added by Stats. 2017, Ch. 421, Sec. 9. (SB 19) Effective January 1, 2018. Section operative July 1, 2018, pursuant to Section 759.24.)

path: 3. VESSELS > 5. Operation and Equipment of Vessels > 2.9. Accident Liability Protection for Vessels


text: 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.

article: 2.9. Accident Liability Protection for Vessels


text: 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.


text:
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.


text: 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.


text: 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.


text: The division may establish rules as are necessary to enforce this article.


text: 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.


text: 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.


text:
(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.


text: 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.


text: 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.


text: This article shall become operative on July 1, 2018.

history: (History: 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.)


citation: HNC § 760

text:
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.

history: (History: Added by Stats. 1963, Ch. 1337.)

article: 3. For-Hire Vessel Operators’ Licenses

path: 3. VESSELS > 5. Operation and Equipment of Vessels > 3. For-Hire Vessel Operators’ Licenses


citation: HNC § 761

text: 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.

history: (History: Amended by Stats. 1966, 1st Ex. Sess., Ch. 61.)

article: 3. For-Hire Vessel Operators’ Licenses


citation: HNC § 762

text: 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.

article: 3. For-Hire Vessel Operators’ Licenses


citation: HNC § 764

text:
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.

history: (History: Amended by Stats. 1970, Ch. 1428.)

article: 3. For-Hire Vessel Operators’ Licenses


citation: HNC § 765

text: 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.

article: 3. For-Hire Vessel Operators’ Licenses


citation: HNC § 766

text:
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.

article: 3. For-Hire Vessel Operators’ Licenses


citation: HNC § 767

text: 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.

article: 3. For-Hire Vessel Operators’ Licenses


citation: HNC § 768

text:
(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.

article: 3. For-Hire Vessel Operators’ Licenses


citation: HNC § 769

text: 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.

history: (History: Amended by Stats. 1967, Ch. 1133.)

article: 3. For-Hire Vessel Operators’ Licenses


citation: HNC § 770

text: 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.

history: (History: Amended by Stats. 2013, Ch. 425, Sec. 3. (AB 865) Effective January 1, 2014.)

article: 3. For-Hire Vessel Operators’ Licenses


citation: HNC § 771

text: 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.

article: 3. For-Hire Vessel Operators’ Licenses


citation: HNC § 772

text: The authority and power granted to the department in this article shall not be construed to conflict with or diminish in any manner the jurisdiction of the Public Utilities Commission over for-hire vessels or common carriers, as those terms are defined in the Public Utilities Code.

article: 3. For-Hire Vessel Operators’ Licenses


citation: HNC § 773

text: 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.

history: (History: Added by Stats. 1983, Ch. 1049, Sec. 1. Effective September 26, 1983.)

article: 4. Charter Boat Safety

path: 3. VESSELS > 5. Operation and Equipment of Vessels > 4. Charter Boat Safety


text: This article shall be known and may be cited as the Charter Boat Safety Act of 1983.

article: 4. Charter Boat Safety


text:
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.

history: (History: Amended by Stats. 2006, Ch. 538, Sec. 346. Effective January 1, 2007.)

article: 4. Charter Boat Safety


text: 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.

article: 4. Charter Boat Safety


text:
(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.

article: 4. Charter Boat Safety


text:
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.

article: 4. Charter Boat Safety


text: 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.

article: 4. Charter Boat Safety


text: 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.

history: (History: Amended by Stats. 1987, Ch. 910, Sec. 3.)

article: 4. Charter Boat Safety


text:
(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.

history: (History: Amended by Stats. 1987, Ch. 910, Sec. 4.)

article: 4. Charter Boat Safety


citation: HNC § 774

text:
(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.

article: 4. Charter Boat Safety


text: 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.

article: 4. Charter Boat Safety


text: 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.

history: (History: Amended by Stats. 1987, Ch. 910, Sec. 5.)

article: 4. Charter Boat Safety


text:
(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.

history: (History: Amended by Stats. 1987, Ch. 910, Sec. 6.)

article: 4. Charter Boat Safety


text:
(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.

article: 4. Charter Boat Safety


citation: HNC § 775

text:
(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.

history: (History: Amended by Stats. 1991, Ch. 548, Sec. 1.)

chapter: 6. Vessel Sanitation

path: 3. VESSELS > 6. Vessel Sanitation


text:
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.

history: (History: Amended by Stats. 1991, Ch. 548, Sec. 2.)


citation: HNC § 776

text:
(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.

history: (History: Amended by Stats. 1990, Ch. 1428, Sec. 6.)


citation: HNC § 777

text:
(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.

history: (History: Amended by Stats. 1991, Ch. 842, Sec. 2.)


citation: HNC § 778

text: The state board shall adopt standards for the location, construction, operation, and maintenance of vessel pumpout facilities.

history: (History: Amended by Stats. 1991, Ch. 842, Sec. 3.)


citation: HNC § 779

text: 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.

history: (History: Amended by Stats. 1986, Ch. 1119, Sec. 9. Effective September 24, 1986.)


citation: HNC § 780

text:
(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.

history: (History: Amended by Stats. 2009, Ch. 610, Sec. 37. (SB 717) Effective January 1, 2010.)


citation: HNC § 781

text: 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.

history: (History: Amended by Stats. 1986, Ch. 1119, Sec. 11. Effective September 24, 1986.)


citation: HNC § 782

text:
(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.

history: (History: Amended by Stats. 2002, Ch. 293, Sec. 2. Effective January 1, 2003.)


citation: HNC § 783

text: 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.

history: (History: Added by Stats. 1974, Ch. 902.)


citation: HNC § 784

text: 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.

history: (History: Amended by Stats. 1996, Ch. 1023, Sec. 104. Effective September 29, 1996.)


citation: HNC § 785

text: Nothing in this chapter shall prevent the state board from taking any action pursuant to subdivision (f) of Section 312 of the Federal Water Pollution Control Act.


citation: HNC § 786

text:
(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.

history: (History: Amended by Stats. 1990, Ch. 1428, Sec. 8.)


citation: HNC § 790

text: 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.

history: (History: Enacted by Stats. 1937, Ch. 368.)

division: 4. MASTERS, CREWS AND CARGOES

chapter: 1. Scope of Division

path: 4. MASTERS, CREWS AND CARGOES > 1. Scope of Division


citation: HNC § 800

text: The master of a vessel is appointed by and holds his appointment at the pleasure of the owner.

chapter: 2. Ship Masters and Cargoes

path: 4. MASTERS, CREWS AND CARGOES > 2. Ship Masters and Cargoes


citation: HNC § 801

text: 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.


citation: HNC § 802

text: 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.


citation: HNC § 803

text: 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.


citation: HNC § 804

text: The master of a vessel may confine any person on board, during a voyage, for wilful disobedience to his lawful commands.


citation: HNC § 805

text: If, during a voyage, the vessel’s supplies fail, the master, with the advice of the officers, may compel persons who have private supplies on board to surrender them for the common want, or payment of, or on giving security for, their value.


citation: HNC § 806

text: The master of a vessel shall not abandon it during the voyage, without the advice of the other officers.


citation: HNC § 807

text: The master of a vessel, upon abandoning it, shall carry with him, so far as it is in his power, the money and the most valuable of the goods on board, under penalty of being personally responsible. If the articles thus taken are lost from causes beyond his control, he is exonerated from liability.


citation: HNC § 808

text: The master of a vessel, who engages for a common profit on the cargo, shall not trade on his own account, and if he does, he shall account to his employer for all profits thus made by him.


citation: HNC § 809

text: The master of a vessel shall use great care and diligence in the performance of his duties, and he is responsible for all damage occasioned by his negligence.


citation: HNC § 810

text: The master of a vessel is a general agent for its owner in all matters concerning the vessel.


citation: HNC § 811

text: The master of a vessel has authority to borrow money on the credit of its owner, if it is necessary to enable him to complete the voyage, and if neither the owner nor his proper agent for such matters can be consulted without injurious delay.


citation: HNC § 812

text: During a voyage, the master of a vessel is a general agent for each of the owners of the cargo, and has authority to do whatever they might do for the preservation of their respective interests, but he can not sell or hypothecate the cargo, except in the cases mentioned in this chapter.


citation: HNC § 813

text: The master of a vessel may procure all its necessary repairs and supplies, may engage cargo and passengers for carriage, and, in a foreign port, may enter into a charter-party. His contracts for these purposes bind the owner to the full amount of the value of the vessel and freightage.


citation: HNC § 814

text: The master of a vessel may hypothecate the vessel, freightage, and cargo, and sell part of the cargo, in the cases prescribed by the articles on bottomry and respondentia, and in no others, except that the master may also sell the cargo, or any part of it, short of the port of destination, if it is found to be of such perishable nature, or in such damaged condition that if left on board or reshipped it would be entirely lost or seriously endanger the interests of its owners.


citation: HNC § 815

text: When a vessel, whether foreign or domestic, is seriously damaged, or the voyage is otherwise broken up beyond the possibility of pursuing it, the master, in case of necessity, may sell the vessel without instructions from the owners, unless by the earliest use of ordinary means of communication he can inform the owners and await their instructions.


citation: HNC § 816

text: The master of a vessel may sell the cargo if the voyage is broken up beyond the possibility of pursuing it, and no other vessel can be obtained to carry it to its destination, and the sale is otherwise absolutely necessary.


citation: HNC § 817

text: The master of a vessel in case of its capture may engage to pay a ransom for it in money or in part of the cargo, and his engagement will bind the vessel, freightage, and cargo.


citation: HNC § 818

text: The power of the master of a vessel to bind its owner, or the owners of the cargo, ceases upon the abandonment of the vessel and freightage to insurers.


citation: HNC § 819

text: Unless otherwise expressly agreed, or unless the contracting parties give exclusive credit to the owner, the master of a vessel is personally liable upon his contracts relative to the vessel, even when the owner is also liable.


citation: HNC § 820

text: The master of a vessel is liable to third persons for the acts or negligence of persons employed in its navigation, whether appointed by him or not, to the same extent as the owner of the vessel; but neither the owner nor the master of a vessel is responsible for the negligence of a pilot whom he is bound by law to employ, unless an option is allowed between pilots, some of whom are competent, or unless he is required only to pay compensation to the pilot, but is not required to use his services.


citation: HNC § 821

text: The owner of a vessel is bound to pay to the owner of the cargo, at the time of arrival of the vessel at the port of the destination, the market value of that portion of the cargo which has been sold to enable the master to pay for the necessary repairs and supplies of the vessel.


citation: HNC § 830

text: The general agent for the owners, in respect to the care of a ship and freight, is called the manager. If he is a part owner, he is also called the managing owner.

chapter: 2.5. Ship’s Managers

path: 4. MASTERS, CREWS AND CARGOES > 2.5. Ship’s Managers


citation: HNC § 831

text: Unless otherwise directed, it is the duty of the manager of a vessel to provide for its complete seaworthiness; to take care of it in port; and to see that it is provided with necessary papers, with a proper master, mate, and crew, and supplies of provisions and stores.


citation: HNC § 832

text: A managing owner is presumed to be without right to compensation for his own services.


citation: HNC § 833

text: A manager may make contracts requisite for the performance of his duties. He may enter into charter parties, make contracts for carriage, settle for freightage, and adjust averages.


citation: HNC § 834

text: Without special authority a manager shall not borrow money or give up the lien for freightage, or purchase a cargo, or bind the owners of the vessel to an insurance.


citation: HNC § 860

text: The mate is the officer next in rank to the master, and in case of the master’s disability the mate becomes the master. By so doing he does not lose any of his rights as mate.

chapter: 3. Mates and Seamen

path: 4. MASTERS, CREWS AND CARGOES > 3. Mates and Seamen


citation: HNC § 861

text: All persons employed in the navigation of a vessel, or upon a voyage, other than the master and mate, are seamen within the provisions of this code.


citation: HNC § 862

text: The mate and seamen of a vessel are engaged by the master, and may be discharged by him at any period of the voyage for wilful and persistent disobedience or gross disqualification, but they can not be discharged for other reasons before the termination of the voyage.


citation: HNC § 863

text: A mate or seaman is not bound to go to sea in a vessel that is not seaworthy. If there is reasonable doubt of its seaworthiness he may refuse to proceed until a proper survey has been had.


citation: HNC § 864

text: A seaman can not by agreement be deprived of his lien upon the vessel, or of any remedy for the recovery of his wages to which he would otherwise have been entitled. Any agreement, by which he consents to abandon his right to wages in case of the loss of the vessel, or to abandon any right he may have or may obtain in the nature of salvage is void.


citation: HNC § 865

text: A seaman can not, by special agreement, impair any of his rights, or add to any of his obligations, as defined by law, unless he fully understands the effect of the agreement and receives for it a fair compensation.


citation: HNC § 866

text: Except as otherwise provided by law, the wages of seamen are due when, and so far only as, freightage is earned, unless the loss of freightage is due to the fault of the owner or master.


citation: HNC § 867

text: The right of a mate or seaman to wages and provisions begins either from the time he begins work, or from the time specified in the agreement for his beginning work, or from his presence on board, whichever first happens.


citation: HNC § 868

text: If a voyage is broken up before departure of the vessel, the seamen shall be paid for the time they have served, and they may retain for their indemnity any advances they may have received.


citation: HNC § 869

text: When a mate or seaman is wrongfully discharged, or is driven to leave the vessel by the cruelty of the master on the voyage, it is then ended with respect to him, and he may recover his full wages.


citation: HNC § 870

text: If a vessel is wrecked or lost, a seaman is entitled to his wages up to the time of the loss or wreck, whether freightage has been earned or not, if he exerts himself to the utmost to save the vessel, cargo, and stores.


citation: HNC § 871

text: A certificate from the master or chief surviving officer of a vessel, to the effect that a seaman exerted himself to the utmost to save the vessel, cargo, and stores, is presumptive evidence of the fact.


citation: HNC § 872

text: When a mate or seaman is prevented from rendering service by illness or injury, incurred without his fault in the discharge of his duty on the voyage, or by being wrongfully discharged, or by a capture of the vessel, he is entitled to wages notwithstanding. In case of a capture, a ratable deduction for salvage shall be made.


citation: HNC § 873

text: If a mate or seaman becomes sick or disabled during the voyage, without his fault, the expense of furnishing him with suitable medical advice, medicine, attendance, and other provision for his wants, shall be borne by the vessel till the close of the voyage.


citation: HNC § 874

text: If a mate or seaman dies during the voyage, his personal representatives are entitled to his wages to the time of his death, if he would have been entitled to them had he lived to the end of the voyage.


citation: HNC § 875

text: A mate or seaman who deserts his vessel without cause, or who is justifiably discharged by the master during the voyage for misconduct, or for a theft of any part of the cargo or appurtenances of the vessel, or for a wilful injury thereto or to the vessel, forfeits all wages due for the voyage.


citation: HNC § 876

text: A mate or seaman may not, under any pretext, ship goods on his own account without permission from the master.


citation: HNC § 1100

text: The Legislature finds and declares that it is the policy of the state to ensure the safety of persons, vessels, and property using Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun, and the tributaries thereof, and to avoid damage to those waters and surrounding ecosystems as a result of vessel collision or damage, by providing competent, efficient, and regulated pilotage for vessels required by this division to secure pilotage services.

history: (History: Amended by Stats. 2001, Ch. 177, Sec. 2. Effective January 1, 2002.)

chapter: 1. Pilots

article: 1. Legislative Policy and Findings

path: 5. PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN > 1. Pilots > 1. Legislative Policy and Findings


citation: HNC § 1101

text:
The Legislature further finds and declares all of the following:

(a) The maritime industry is necessary for the continued economic well-being and cultural development of all California citizens.

(b) The Bays of San Francisco, San Pablo, and Suisun provide a vital transportation route for the maritime industry.

(c) The increase in vessel size and traffic, and the increase in cargoes carried in bulk, particularly oil and gas and hazardous chemicals, create substantial hazards to the life, property, and values associated with the environment of those waters.

(d) The federal government has long adopted the policy of providing minimum standards that ensure port and waterway safety while encouraging state control over pilot qualifications and licensing.

(e) A program of pilot regulation and licensing is necessary in order to ascertain and guarantee the qualifications, fitness, and reliability of qualified personnel who can provide safe pilotage of vessels entering and using Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun.

(f) The need to ensure safe and pollution-free waterborne commerce requires that pilotage services be employed in the confined, crowded, and environmentally sensitive waters of those bays.

(g) Bar pilotage in the Bays of San Francisco, San Pablo, and Suisun has continuously been regulated by a single-purpose state board since 1850, and that regulation and licensing should be continued.

(h) The individual physical safety and well-being of pilots is of vital importance in providing required pilot services.

history: (History: Amended by Stats. 2001, Ch. 177, Sec. 3. Effective January 1, 2002.)

division: 5. PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN

article: 1. Legislative Policy and Findings


citation: HNC § 1102

text: The Legislature finds and declares that the enhancement of navigational safety is of the utmost concern in state pilotage. In order to ensure and promote the highest level of safety in pilotage, the board is empowered to effectively monitor and oversee the practices of pilots and prevent fatigue resulting from extended hours of service, insufficient rest within a 24-hour period, and disruption of circadian rhythms.

history: (History: Added by Stats. 2012, Ch. 794, Sec. 1. (SB 1408) Effective January 1, 2013.)

article: 1. Legislative Policy and Findings


citation: HNC § 1105

text: This division applies to pilots for Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun.

history: (History: Amended by Stats. 2001, Ch. 177, Sec. 4. Effective January 1, 2002.)

article: 2. Application

path: 5. PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN > 1. Pilots > 2. Application


citation: HNC § 1106

text: No fine or other penalty authorized by the provisions of this division, nor any revocation or suspension of a pilot license or commission except as provided in Section 1180, may be imposed by the board without a full and open prior public hearing on the matter.

history: (History: Added by Stats. 1974, Ch. 1256.)

article: 2. Application


citation: HNC § 1107

text: If any provision of this division or the application thereof to any person or circumstance is held invalid, the validity of the remainder of the provisions of this division and their application to other persons or circumstances shall not be affected.

article: 2. Application


citation: HNC § 1110

text:
(a) “Bays of San Francisco, San Pablo, and Suisun” means all the waters of those bays and of the tributaries, ports, and harbors of those bays, and includes the water areas from the south end of San Francisco Bay and from the Ports of Sacramento and Stockton to the Golden Gate Bridge. “Bay of San Francisco, San Pablo, or Suisun” means any of those waters, respectively.

(b) “Monterey Bay” means all the waters of that bay and of the tributaries, ports, and harbors of that bay.

history: (History: Amended by Stats. 2001, Ch. 177, Sec. 5. Effective January 1, 2002.)

article: 3. Definitions

path: 5. PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN > 1. Pilots > 3. Definitions


citation: HNC § 1111

text: “Board” means the Board of Pilot Commissioners for the Bays of San Francisco, San Pablo, and Suisun.

history: (History: Amended by Stats. 1990, Ch. 1422, Sec. 3.)

article: 3. Definitions


citation: HNC § 1112

text: “High seas” includes all the navigable waters of the Pacific Ocean west of the Golden Gate Bridge, and all navigable waters west of the westward boundary of the pilotage grounds for Monterey Bay.

history: (History: Amended by Stats. 2001, Ch. 177, Sec. 6. Effective January 1, 2002.)

article: 3. Definitions


citation: HNC § 1113

text: “Inland pilot” means a person holding an inland pilot license prior to January 1, 2011.

history: (History: Amended by Stats. 2011, Ch. 324, Sec. 1. (AB 1025) Effective January 1, 2012.)

article: 3. Definitions


citation: HNC § 1114

text:
“Pilot” means any of the following:

(a) Any person licensed under the authority of this division to pilot vessels other than an inland pilot.

(b) Any person licensed as a bar pilot for the Bays of San Francisco, San Pablo, and Suisun prior to January 1, 1985.

(c) Any existing inland pilot who becomes a pilot pursuant to Section 1141.

(d) Any pilot licensed pursuant to subdivision (b) of Section 1171.

history: (History: Amended by Stats. 2001, Ch. 177, Sec. 7. Effective January 1, 2002.)

article: 3. Definitions


text: “Pilotage grounds” means all waters extending eastward from the precautionary area surrounding buoy SF to, and including, the Bays of San Francisco, San Pablo, and Suisun, and also includes the waters of Monterey Bay, eastward of a straight line drawn between Point Santa Cruz Light and Point Pinos Light.

history: (History: Amended by Stats. 2001, Ch. 177, Sec. 8. Effective January 1, 2002.)

article: 3. Definitions


citation: HNC § 1115

text: “Plan” or “pension” or “pension plan” means the San Francisco Pilot Pension Plan established pursuant to Chapter 3 (commencing with Section 1160) of this division.

history: (History: Added by renumbering Section 1113 by Stats. 1984, Ch. 1653, Sec. 8.)

article: 3. Definitions


citation: HNC § 1116

text: “Vessel” means all vessels not exempted under provisions of this division.

history: (History: Added by renumbering Section 1114 by Stats. 1984, Ch. 1653, Sec. 10.)

article: 3. Definitions


citation: HNC § 1117

text: “Commission investigator” means a person employed by or under contract with the board and assigned to investigate and report on a navigational incident involving a vessel piloted by a pilot or inland pilot licensed by the board, or other matter, incident, misconduct, suspected safety violation, or other activity reported to, or identified by, the board.

history: (History: Added by Stats. 2008, Ch. 567, Sec. 3. Effective January 1, 2009.)

article: 3. Definitions


citation: HNC § 1120

text: Vessels which use pilotage services, and their tackle, apparel, furniture, and other appurtenances, and their owners, operators, and agents are jointly and severally liable for pilotage fees and for the surcharges established pursuant to this division.

history: (History: Amended by Stats. 1990, Ch. 468, Sec. 1. Effective August 8, 1990.)

path: 5. PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN > 1. Pilots > 4. Liability of Persons Using Pilot Services


citation: HNC § 1121

text: If any pilot, in endeavoring to assist or relieve any vessel in distress, suffers loss or damage to the pilot’s vessel, the owner and operator of the distressed vessel are jointly and severally liable for the loss or damage.

history: (History: Amended by Stats. 1984, Ch. 1653, Sec. 12.)

article: 4. Liability of Persons Using Pilot Services


citation: HNC § 1122

text: In the event a pilot is carried to sea against the pilot’s will, or unnecessarily detained on board a vessel when a pilot vessel is in attendance to receive the pilot, the owner, operator, and agents of the detaining vessel are jointly and severally liable for paying the amount specified in this division.

history: (History: Amended by Stats. 2022, Ch. 769, Sec. 1. (AB 2056) Effective September 29, 2022.)


citation: HNC § 1125

text:
(a) Pilots licensed by the board have exclusive authority, to the extent not provided otherwise by federal law, to pilot vessels from the high seas to Monterey Bay and the Bays of San Francisco, San Pablo, and Suisun and the ports thereof, and from those bays and ports to the high seas. They shall also have exclusive authority to pilot vessels within and along the waters of those bays, except as otherwise set forth in this division.

(b) Nothing in this division shall interfere with pilotage regulations of Monterey Bay and of the Ports of Sacramento and Stockton, nor prevent the regulatory authority of those ports from utilizing the pilots licensed pursuant to this division.

history: (History: Amended by Stats. 2001, Ch. 177, Sec. 9. Effective January 1, 2002.)

article: 5. Exclusive Rights of Pilotage

path: 5. PILOTS FOR MONTEREY BAY AND THE BAYS OF SAN FRANCISCO, SAN PABLO, AND SUISUN > 1. Pilots > 5. Exclusive Rights of Pilotage


citation: HNC § 1126

text:
(a) A person who does not hold a license as a pilot issued pursuant to this division, and who pilots any vessel into or out of any harbor or port of Monterey Bay and the Bay of San Francisco, San Pablo, or Suisun, or who acts as a pilot for ship movements or special operations upon the waters of any of those bays, is guilty of a misdemeanor. In addition to the fines or other penalties provided by law, the court may order that person to pay to the pilot who is entitled to pilot the vessel the amount of pilotage fees collected. No fees shall be paid for pilotage if a state-licensed pilot refuses to join the vessel under paragraph (5) of subdivision (c).

(b) A person may also be enjoined from engaging in the pilotage prescribed by subdivision (a) by a court of competent jurisdiction.

(c) This section does not apply to any of the following persons:

(1) The master of a vessel who has relieved the pilot to ensure the safe operation of the vessel, but only from the point where the pilot is relieved to the closest safe berth or anchorage, or the high seas if closer than a safe berth or anchorage.

(2) Persons piloting vessels pursuant to the valid regulatory authority of the Port of Sacramento or the Port of Stockton.

(3) Persons piloting vessels sailing under an enrollment, as specified in Section 1127.

(4) Persons piloting vessels pursuant to Section 1179.

(5) Persons piloting vessels if a state-licensed pilot refuses to join the vessel. However, a vessel may not hire a pilot not licensed by the state until a representative of the vessel notifies the port agent or his or her designee that the vessel will hire a pilot not licensed by the state unless a state-licensed pilot offers to join the vessel immediately. The port agent or his or her designee shall notify the executive director of the board or his or her designee that this paragraph applies.

(d) The exemption set forth in paragraph (5) of subdivision (c) does not apply in instances in which a state licensed pilot refuses to join a vessel because of suspected safety violations concerning that vessel’s pilot hoists or pilot ladders.

history: (History: Amended by Stats. 2011, Ch. 324, Sec. 2. (AB 1025) Effective January 1, 2012.)

article: 5. Exclusive Rights of Pilotage