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State
California
HNC Sec 30-40 GENERAL PROVISIONS

HARBORS AND NAVIGATION CODE
SECTION 30-40





30. Unless the context otherwise requires, the general provisions
and definitions in this chapter govern the construction of this
division.


31. "Commission" means the Boating and Waterways Commission.



32. "Department" means the Department of Boating and Waterways.



33. "Director" means the Director of Boating and Waterways.



34. "Harbor" means a portion of the ocean or inland waters within
the jurisdiction of this state either naturally or artificially
protected so as to be a place of safety for vessels, including the
artificially protective works, the public lands ashore and the
structures and facilities provided within the enclosed body of water
and ashore for the mooring and servicing of vessels and the servicing
of their crews and passengers.



35. "Channel" means any waterway now navigable in fact by vessels
or artificially improved or created so as to be navigable by vessels,
including the structures and facilities created to facilitate
navigation.


36. "Navigable waters" means waters which come under the
jurisdiction of the United States Corps of Engineers and any other
waters within the state with the exception of those privately owned.



38. The adoption, repeal, amendment, or modification of any rules
and regulations pursuant to this division shall be made in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.




39. Any construction or development authorized by this division
that also constitutes a project within the definition of Section
10105 of the Public Contract Code, when performed by the state, shall
be subject to the State Contract Act.


40. Facilities in harbors and connecting waterways established
under the provisions of this division shall be open to all on equal
and reasonable terms; provided that the department may authorize
construction of separate facilities and reasonable allocations within
the same harbor for separate use by commercial and recreational
vessels, and project funding may not be denied solely on the basis
that such separate facilities and allocations for such separate use
within the same harbor is required by a regulatory agency so long as
such requirement is determined by the director, after consultation
with the affected regulatory agencies, to be reasonable.