Chapter 1. General Provisions And Definitions of California Harbors And Navigation Code >> Division 1. >> Chapter 1.

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

Whenever the term "Business, Transportation and Housing Agency" appears within the Harbors and Navigation Code, it shall refer to the Transportation Agency, and whenever the term "Secretary of Business, Transportation and Housing" appears within the Harbors and Navigation Code, it shall refer to the Secretary of Transportation.

"Department" or "Division" means the Division of Boating and Waterways in the Department of Parks and Recreation.

"Director" or "deputy director" means the Deputy Director of Boating and Waterways.

"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.

"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.

"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.

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.

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.

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.