Vessels Generally in California

Division 3, Chapter 1, Article 1 of the California Harbors and Navigation Code deals with vessels and sets forth general provisions and definitions.

Section 399 prohibits the provisions of this Division from being 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.

Section 400 defines the term “appurtenances.”

Section 401 states that vessels are engaged in foreign or domestic navigation, or in the fisheries. Vessels are engaged in foreign navigation when passing to or from a foreign country; and in domestic navigation, when passing from place to place within the United States

Section 402 says that a vessel in a port of the country in which it is registered is called a domestic vessel, in another port, it is called a foreign vessel.

Section 403 provides that, if a vessel belongs to several persons, not partners, and they differ as to its use or repair, the controversy may be determined by any court of competent jurisdiction.

Section 404 says that, if the owner of a vessel commits its possession and navigation to another, that other, and not the owner, is responsible for its repairs and supplies.

Section 405 specifies that the registry, enrollment, and license of vessels are regulated by acts of Congress.