California Boating Law

CALIFORNIA BOATING LAW

Department of Boating and Waterways is the successor to, and is vested with, the powers, functions, and jurisdiction of the following state departments and agencies as hereinafter specified: (a) All of the powers, functions, and jurisdiction previously vested in the Division of Small Craft Harbors of the Department of Parks and Recreation. (b) All of the powers, functions, and jurisdiction of the State Lands Commission with respect to the acquisition, construction, development, improvement, maintenance, and operation of small craft harbors. (c) All of the powers, functions, and jurisdiction of the Department of Parks and Recreation with respect to boating facility planning, design, and construction, except as specifically provided with respect to boating trails in the California Recreational Trails Act (commencing with Section 5070 of the Public Resources Code) and in Article 2.6 (commencing with Section 68) of this chapter. (d) All of the powers, functions, and jurisdiction of the Office of Architecture and Construction in the Department of General Services with respect to boating facility planning and design. (e) All of the powers, functions, and jurisdiction of the Department of Water Resources with respect to beach erosion control. (f) All of the policymaking and regulatory powers, functions, and jurisdiction of the Harbors and Watercraft Commission as to matters within the jurisdiction of the department. 50.1. Transfer of authorities. Whenever the term ‘‘Division of Small Craft Harbors’’ or the term ‘‘Small Craft Harbors Commission’’ is used in any provision of law, it shall be construed as referring to the Department of Boating and Waterways. Whenever, by any statute now in force or that may be hereafter enacted, any power, function, or jurisdiction, as specified in Section 50, is imposed or conferred upon the State Lands Commission, the Department of Parks and Recreation, the Office of Architecture and Construction in the Department of General Services, or the Depart- ment of Water Resources, such power, function, or jurisdiction shall be deemed to be imposed or conferred upon the Department of Boating and Waterways. Nothing in this section or in this code shall divest the State Lands Commission of jurisdiction with respect to the leasing of state lands, including state lands used for small craft harbors, swamps and overflowed lands, or tide and submerged lands, for the extraction and removal of oil and gas and other minerals. 50.2. Departmental administration. The department shall be administered by an executive officer known as the Director of Boating and Waterways. The director shall be appointed by and hold office at the pleasure of the Governor and shall receive an annual salary as provided in Section 11557 of the Government Code. The appointment of any director appointed by the Governor shall be subject to confirmation by the Senate. 50.4. Bonding of the director. The director, before entering upon his duties, shall execute and deliver to the state an official bond in the sum of twenty-five thousand dollars ($25,000) conditioned upon the faithful performance of his duties. 50.6. Power of appointment. The provisions of Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code apply to the director. The director may appoint, in accordance with civil service, such deputies, officers, and other employees as may be necessary.

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