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43 California Attorney General Reports and Opinions 1 (1964)

handle is hein.sag/sagca0043 and id is 1 raw text is: OPINIONS OF THE ATTORNEY GENERAL OF CALIFORNIA Volume 43 Opinion No. 63-185-January 2, 1964 SUBJECT: SMALL BOATS-Regulation of Small Craft Harbors Commission which requires that lifesaving equipment for undocumented vessels be ap- proved by Coast Guard Commandant is neither unconstitutional delegation of authority nor unconstitutionally vague or uncertain. Requested by: DISTRICT ATTORNEY, COUNTY OF PLUMAS Opinion by: STANLEY MOSK, Attorney General R. H. Connett, Deputy The Honorable Chellis Carpenter, District Attorney of the County of Plumas, has requested the opinion of this office on the following questions: 1. Is the requirement of the regulations of the Small Craft Harbors Commis- sion found at Title 14, California Administrative Code section 6552, subdivision (a), and sections 6564-68, that specific types of lifesaving equipment required to be carried on undocumented vessels be approved by the Commandant of the Coast Guard void for the reason that such requirement constitutes an invalid dele- gation of legislative authority? 2. Is such requirement void for the reason of unconstitutional vagueness and uncertainty? The conclusions are as follows: The regulations of the Small Craft Harbors Commission requiring that life- saving equipment prescribed thereunder be approved by the Commandant of the Coast Guard are valid. The requirement for such approval is neither unconstitu- tionally vague nor uncertain nor does it constitute an unconstitutional delegation (nor sub-delegation) of legislative authority. ANALYSIS Section 652, subdivision (f) of the Harbors and Navigation Code provides: Every undocumented vessel shall carry at least one life preserver, or lifebelt, or ring buoy, or other device of the sort prescribed by the 1

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