Guam Administrative Code

§1142. Same: Condition of Wharves. All wharves under control of the Department which may be used for the handling of merchandise shall be kept in a clean and sanitary condition and free from all obstructions.

§1143. Same: Cleaning of Wharves by the Department. In cases where the Department takes over the cleaning of wharves the charge therefor shall be computed at the total cost of labor and/or material used and shall be assessed against the vessel which is responsible for the necessi…

§1144. Same: Identification on Mobile Equipment. All mobile equipment used on any property under the control of the Department in connection with the handling of cargo or shipping containers, such as fork lifts, cranes, tractors and straddle trucks, shall be clearly identified as…

§1145. Same: Restriction on Vehicles Allowed in Wharf. No vehicle shall be admitted upon any wharf or in any other areas used for the storage of cargo except for the purpose of delivering or picking up freight unless the owner thereof shall have been granted a permit by the Harbo…

§1146. Same: Exceptions to Restricted Vehicles Allowed on Wharf. (a) Vehicles conveying or to convey the sick or the infirm, and ambulances and vehicles of hospitals and of the Health and Police Departments, may enter upon wharves without a permit, but if a motor vehicle, must be…

§1147. Same: Care of Fowl, Animal or Livestock While on Wharf. No fowl, animal or livestock of any kind shall be allowed to remain on any wharf under control of the Department for a period longer than six (6) hours without being fed and watered. After any fowl, animal or livestoc…

§1148. Same: Private Use of Harbor Property or Facilities. (a) General Statement. No regular or extensive use of any harbor property or facility for private gain or purpose shall be permitted without corresponding and reasonable benefits and returns to the public. (b) Business Ac…

§1149. Same: Placement of Goods and Equipment. Any person handling goods or using equipment on a wharf under control of the Department or bringing goods thereon for shipment, shall place, store or stack such goods or equipment in such a way as not to be an impediment to the appro…

§1150. Same: Authority of Harbor Master or Chief of CH. 1 - HARBOR ADMINISTRATION - 1997 - P. 25 Operations to Close the Wharves. The Harbor Master or Chief of Operations may close the wharves or any portion thereof and regulate and control the use of the same whenever in his opi…

§1151. Same: Liability of Department for Damage to or Loss of Merchandise. (a) The Department shall not be liable for any damage to or loss of merchandise or other property on any wharf under its control. (b) Handling of goods on wharf - responsibility for damaged freight due to …

§1152. Same: Goods or Articles Prohibited on Wharf. (a) No goods or articles of any description which, in the opinion of the Harbor Master, may be likely to occasion damage to property or to any merchandise thereon or therein shall be landed, discharged or taken upon such propert…

§1153. Same: Dumping or Careless Handling of Rubbish, Garbage, Refuse, Ballast, Sand, Etc., Prohibited. (a) No rubbish, swill, garbage or refuse shall be thrown, washed overboard or placed in any harbor. (b) No ballast, rock, stone, slate, slag, gravel, sand, earth, cinders, rubb…

§1154. Same: Discharge of Oil Sludge, Oil Refuse and Fuel Oil Prohibited. The discharge of oil sludge, oil refuse, fuel oil either directly or indirectly, or the pumping of bilges or ballast tanks containing other than clean water into the waters of any harbor, river or into any …

§1155. Same: Disposal or Salvage of a Derelict Vessel or Other Object of Any Size. When any owner, agent or individual contemplates or plans the disposal or salvage of a derelict craft, vessel or other object of any size, type or description, by transporting across, within or on …

§1156. Same: Sinking, Dropping or Abandoning Any Floating or Sinking Object In or On the Navigable Waters And/Or Shore Waters of Guam. Should any owner, agent or individual, without permission of the Harbor Master concerned, lose, sink, drop or abandon any floating or sinking obj…

§1157. Same: Approved Backflow Prevention Device Required When Connecting a Vessel's Water Supply System. No person shall connect a vessel's water supply system, siphon or other water-operated device, equipment or mechanism to a potable water supply system or operate any water-op…

§1158. Same: Dumping of Sinkable Material at Sea. When any owner, agent or individual contemplates the dumping of sinkable materials at sea by hauling across, within or on the navigable and/or shore waters of Guam he shall notify and obtain the permission of the Harbor Master con…

§1159. Same: Welding and Burning Operations on Piers and Wharves and Aboard Vessels. (a) Permits. CH. 1 - HARBOR ADMINISTRATION - 1997 - P. 28 Before any welding or burning operations can be done on a wharf or waterfront facility, or on a vessel moored thereto, it is required tha…

§1160. Pilotage: Pilot Service.

§1161. Same: Observation of All Harbor, Quarantine and Other Federal Regulations. Pilots will observe all harbor, quarantine and other federal regulations.

§1162. Same: Tug Required When Vessel Weighs Three Hundred (300) Gross Tons or Above. A pilot will not bring in or conduct a vessel of three hundred (300) gross tons or above to or from a berth or wharf without the aid of a tug or tugs as the situation may require.

§1163. Same: Order of Services. A pilot will offer his services in the order of priority established by the Harbor Master, unless another vessel is observed approaching a dangerous position, in which case every effort will be made to offer to board and assist the latter vessel.

§1164. Same: Vessel in Distress. Every Territory Pilot will aid and assist by every means in his power any vessel in distress.

§1165. Same: Vessel to Be Docked at Wharf or Berth Designated by Harbor Master. A pilot bringing a vessel CH. 1 - HARBOR ADMINISTRATION - 1997 - P. 34 inward, unless required to anchor for quarantine, will bring the vessel to such wharf or berth as the Harbor Master may direct.…

§1166. Same: Complaints to Be Heard Before Pilot Conducts Vessel to Sea. A pilot will not conduct a vessel to sea unless she has been regularly cleared by the government of Guam Customs, the agent and the Harbor Master. Any person having a complaint to make against a Territory Pi…

§1167. Same: Pilotage Charges. Vessels, other than foreign vessels, under three hundred (300) gross tons, and all vessels under enrollment, while under control and direction of a pilot duly licensed by federal law, shall be exempt from pilotage charges when underway on territoria…

§1168. Same: Duties of Territory Pilot and Vessel Master. Upon boarding a vessel in response to the request of the vessel, its owner, operator, charterer or its agent, for pilotage service, it shall be the duty of the pilot to pilot such vessel. It shall be the duty of the Master…

§1169. Same: Pilotage for Small Craft. Every person operating small craft in a territory harbor or through channels or entrances leaving or approaching such harbor shall do so at his own risk. Territory Pilots can be made CH. 1 - HARBOR ADMINISTRATION - 1997 - P. 35 available for…

§2100. Introduction. (a) Background. In 1980 KPMG Peat Marwick (Peat Marwick) assisted the Port Authority of Guam (PAG or Port) in revising and updating their tariff. The purpose of the revision was to develop a tariff capable of generating sufficient revenue to cover direct and …

§2101. Federal and Local Regulations. (a) Federal Maritime Commission. The Federal Maritime Commission (FMC) regulates the waterborne foreign and domestic offshore commerce of the United States under a number of statutes including the Shipping Act of 1984. In geographic terms the…

§2102. Approach and Methodologies. (a) Approach. Our work involved conducting interviews with Port users to obtain their comments concerning the Tariff, the establishment of cost and revenue centers, collection and assembly of cost data, calculation and allocation of costs and de…

§2103. Cost Centers. The allocation basis for each cost center reflects an equitable allocation of the costs to the cost centers and subsequently to the revenue centers. The costs to be allocated and the allocation basis is described below for the different types of expenses. (a)…

§2104. Revenue Centers.. Revenue centers were designed to capture the costs related to the major tariffs, as shown in Exhibit F. Each revenue center represents the allocated cost associated with a particular tariff Determination of the tariffs are described in the following chapt…

§2105. Rates. This section reviews the proposed rates and major structural changes to the tariff. The rates have been determined by two different methods. The major charges have been determined primarily by the cost allocation method, detailed in Exhibit F. The other minor charge…

§2106. Interviews with Port Users and Port Personnel. For the purposes of this study, nineteen CH. 2 - TERMINAL TARIFF - 1997 - P. 17 companies (listed in Exhibit H) and various users of the Port, have been interviewed. Some of these companies are agents for several operations, w…

§2107. Recommended Changes to the Chart of Accounts. Overall the chart of accounts appears to provide meaningful information necessary to review the tariffs based on cost accounting. A few changes are recommended and are presented below: ! Labor and equipment costs should be comp…

§2201. Definitions. (1) Arrival and Departing Facility Service shall mean a charge assessed against a passenger departing or arriving through the Port facilities for the purpose of tourism. Terminating passengers are subject to compliance with all applicable Federal and Territori…

§2202. General Rules and Regulations. (a) Application for Rates, Laws, Rules and Regulations. [Item No. 1] This tariff, published and filed by the Port after public hearings and made effective is notice to the public, to shippers, consignees and to carriers or their agents that t…

§2203. Wharfage [Item No. 11] (a) Wharfage Rages. Wharfage rates in dollars per unit shall be assessed as set in the following schedule: Outbound Inbound Stuffed Containers: 25 feet and less $32.60/container $ 62.60/per container Over 25 feet $55.50/container $107.50/per containe…

§2204. Stevedoring and Handling Charges. [Item No. 17]. (a) Description. Stevedoring and Handling charges shall be assessed for, and include all services listed below provided for the movement of import cargo from vessel storage to point of issue from the Port facilities or such …

§2205. Labor Charge Out Rates. (a) Applicability of Labor Charge Out Rate. [Item No. 40] Unless otherwise provided, man-hour charge out rates will be charged for: (a) All services not specifically described in the tariff. (b) Services of loading, unloading, handling or transferri…

§2207. Equipment Rental Rates and Services. (a) Applicability. [Item No. 43] The following charges are for use or services of the equipment in conjunction with any services not included in the Cargo Throughput Rate or for other purposes. The rates listed below are in charges per …

§2208. Wharf Demurrage and Free Time. (a) Free Time Periods. [Item No. 48] Free time is exclusive of Saturdays, Sundays and holidays observed by the Government of Guam, and unless otherwise specified, is computed from the first 8:00 a.m. occurring after freight is received or unl…

§2209. Port Entry Fee. (a) Applicability. [Item No. 52] All vessels (except military, government-owned, non commercial fishing, commercial fishing vessels under sixty-five (65) feet and pleasure boats, the home waters of which are in Guam) shall pay a PORT ENTRY FEE as indicated …

§2210. Dockage. (a) Basis or Computing Dockage Charges. [Item No. 54] Dockage charges shall be based upon the vessel's length overall as published in "American Bureau of Shipping" or "Lloyd's Register of Ships." Length overall shall mean the linear distance, expressed in feet, fr…

§2211. Miscellaneous Services and Charges. [Item No. 60] (a) Line Handling is the taking, releasing or shifting of vessel's lines on terminal facilities. At the request of water carriers, the Port will provide line handlers. The charges for line handling services for line handlin…

§1542. Certain Claims Unaffected by General Release. A general release does not CH. 3 - HARBOR OF REFUGE - 1997 - P. 7 extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have material…

§3100. Purpose and Policy. (a) The Harbor of Refuge is intended for use of private and small commercial vessels for anchorage during times of adverse weather conditions. (b) The Harbor of Refuge may be utilized by owners/operators of vessels for anchorage for short periods of tim…

§3101. Definitions. (a) Adverse Weather. Adverse weather is defined as any weather condition which could cause damage to vessels, impede the operation of vessels or pose a hazard to the operation of a vessel. Examples of adverse weather include tropical depressions, tropical stor…

§3102. Registration. All boat owners/operators who may have a need to utilize the Harbor of Refuge must register on an annual or daily use with the Harbor Master. (a) Upon registration, the owner/operator of a vessel must sign a waiver of liability freeing the Port Authority of G…