Guam Administrative Code

§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 transferr…

§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 indicate…

§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. 8 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 ti…

§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…

§3103. Use of Harbor of Refuge. (a) Registered and unregistered vessels may use the Harbor of Refuge on a first come first serve basis. Such vessels may proceed to the Harbor of Refuge at any time the owner/operator believes it is prudent to do so due to forecasted or actual adve…

§3104. Fees. The Harbor Master shall set and may change all fees from time to time with the approval of the Board of Directors of the Port Authority of Guam. The approved fees shall be set forth in a schedule CH. 3 - HARBOR OF REFUGE - 1997 - P. 4 attached to these Rules and Regu…

§3105. Vacating the Harbor of Refuge Upon Return of Safe Weather Conditions. (a) Upon return of safe weather conditions (subsection (b)), owners/operators will have five (5) days (120 hours) to depart the Harbor of Refuge. CH. 3 - HARBOR OF REFUGE - 1997 - P. 5 (b) If for mechani…

§3106. Special Mooring Permits. (a) A special permit may be obtained from the Harbor Master to moor in the Harbor of Refuge. Such permits may be issued for a maximum of eight (8) weeks for the following reasons: (1) The owner/operator is temporarily leaving the island and needs a…

§3107. Enforcement. (a) The Harbor Master or other authorized enforcement agency is empowered to enforce these Rules and Regulations in accordance with all laws of the Territory of Guam, including the Harbor Regulations of the Port Authority of Guam and all pertinent federal laws…

§3108. Amendments. These Rules and Regulations may be amended or modified by the Harbor Master, subject to the prior approval by the Board of Directors of the Port Authority of Guam and subject to any other laws of the Territory of Guam. CH. 3 - HARBOR OF REFUGE - 1997 - P. 6 HAR…

§3300.4 of these Rules and Regulations. (e) Use Fee . The fee charged for a vessel's use of the Harbor of Refuge as a result of adverse weather or for special purposes as may be permitted pursuant to Section 7 of these Rules and Regulations. (f) Vessels . (1) Private recreational…

§16.33 for the boat or the maximum persons capacity determined by the following test in calm water: (a) Float the boat, with all its permanent appurtenances, including installed engines, full fuel system and tanks, control equipments, drive units and batteries. (b) Gradually add …

§ 2123. Same: Livery Boat Number. A person who is engaged in the business of boat livery upon application to the Department upon forms prescribed by the Department may obtain a Certificate of Number for use on vessel so rented.

§4100. General Provisions: Title and Authority. These Rules and Regulations shall be called The Rules and Regulations Governing Boating of the Department of Public Safety, Territory of Guam, or by its short title Territorial Boating Regulations. These Rules and Regulations are pr…

§4101. Same: Purpose and Scope. (a) The purpose of these Rules and Regulations is to establish rules and regulations governing vessels and their use in the waters of the territory of Guam, which will promote and attain: (1) the full use and enjoyment of the waters of the territor…

§4102. Same: Interpretation . If any section of these Rules and Regulations is inconsistent with any laws of the United States or any rule, regulation or standard established pursuant thereto, then the latter shall govern. The provisions of these Rules and Regulations shall be in…

§4103. Same: Severabilit y. The provisions of these Rules and Regulations are declared to be severable and if any portion or the application thereof to any person or property is held invalid for any reason, the validity of the remainder of these Rules and Regulations or the appli…

§4104. Definitions of Words and Phrases . (a) General Statement. Unless otherwise required by the context of any particular provision, the use of: (1) any gender shall include all genders; (2) the singular shall include the plural and the plural shall include the singular; and (3…

§4105. Numbering of Vessels: Operation of Certain Unnumbered Vessels Prohibited. Every undocumented vessel on the waters of the territory of Guam, except those expressly exempted as provided herein shall be numbered. No person shall place, operate or give permission for the place…

§4106. Same: Exemption From Numbering Provisions . (a) A vessel shall not be required to be numbered under this Part if it is any of the following: CH. 4 - TERRITORIAL BOATING REGULATIONS - 1997 - P. 10 (1) A vessel which has a valid marine document issued by the United States Co…

§4107. Same Numbering System . (a) In the event that an agency of the United States shall have in force an overall system of identification numbering for vessels within the United States, the numbering system employed pursuant to this Part by the Department shall be in conformity…

§4108. Same: Number Display. (a) The identification number awarded to any vessel as indicated in the Certificate of Number shall be painted on, attached to or otherwise permanently displayed on each side of the bow (i.e. the forward half of the hull) or on the permanent superstru…

§4109. Same: Application for Number and Contents Requirements. (a) The application for a Certificate of Number shall be made by the owner to the Department or any agency authorized by the Department in accordance with procedure prescribed by the Department on the form it prescrib…

§4110. Same: Authority to Grant or Refuse Applications. (a) The Department shall examine and determine the genuineness, regularity and legality of every application for numbering of a vessel and any other application lawfully made to the Department relating to the Part and may in…

§4111. Same: Certificate of Number - Contents. The Certificate of Number shall contain the following information: (a) General: (1) The name and address of the owner. (2) Manufacturer's or Builder's serial (hull) number, if any. (3) Hull material ( wood, steel, aluminum, plastic, …

§4112. Same: Certificate of Number to be Carried Aboard Vessel. Description. The Certificate of Number shall be of pocket size and water resistant, as prescribed by the Director and shall be available at all times for examination on the vessel for which issued, whenever such vess…

§4113. Same: Cancellation of Certificate and Voiding of Number. (a) E xcept as provided in Subsection (b) below, a number awarded under this Part to a vessel shall be permanent. (b) The Director may cancel a Certificate of Number or withdraw a number awarded to a vessel under thi…

§4114. Same: of Validity and Renewal of Certificate of Number. (a) The original Certificate of Number initially awarded to a vessel pursuant to this Part shall continue in full force and effect for a period ending one (1) year from CH. 4 - TERRITORIAL BOATING REGULATIONS - 1997 -…

§4115. Same: Owner Required to Report Change of Address, Ownership, Loss, Destruction or Abandonment of Vessel. (a) The owner of any vessel for which a Certificate of Number has been awarded pursuant to this Part shall notify the Department in writing within seven (7) days if suc…

§4116. Same: New Owner Must Secure New Certificate of Number. (a) The new owner of all or any part of the interest in any vessel for which a Certificate of Number has been awarded pursuant to this Part shall, within seven (7) days after acquiring same, make application to the Dep…

§4117. Same: Registration Stickers. (a) Every vessel required to be numbered in the territory of Guam shall display stickers issued by the Department to identify the vessel as currently registered. (b) Registration stickers shall have a dominant-colored border around their edge w…

§4118. Same: Lost, Stolen or Mutilated Certificate . If any Certificate of Number or registration sticker becomes lost, destroyed, stolen, mutilated or illegible, the owner of the vessel for which the same was issued shall, within seven (7) days of the occurrence, for ward to the…

§4119. Same: Falsified, Unauthorized, Removed Identification Number. (a) No person shall buy, receive, operate, possess, sell or dispose of a vessel with knowledge that an identification number or registration sticker on the vessel has been removed or falsified and with intent to…

§4120. Same: Improper Use of Certificate of Number. (a) No person shall with fraudulent intent permit another not entitled thereto to use or have possession of a Certificate of Number or registration sticker. (b) No person shall alter, forge or counterfeit a Certificate of Number…

§4121. Same: Seizure of Documents and Stickers. The Department is authorized to take possession of any CH. 4 - TERRITORIAL BOATING REGULATIONS - 1997 - P. 22 Certificate of Number, permit or registration sticker issued by it upon expiration, revocation, cancellation or suspension…

§4122. Same: Numbering of Manufacturer's and Dealer's Vessels. (a) Numbering requirements of these Rules and Regulations shall apply to unnumbered vessels operated by boat manufacturers or boat dealers. (b) A boat dealer or boat manufacturer, upon application to the Department up…

§4123. Same: Livery Boat Number.

§4124. Same: Documented Vessels Not to be Numbered. A vessel documented by the Coast Guard or any federal successor there shall not be numbered under the provisions of this Part.

§4125. Same: Award of Certificate of Number by Department's Agents. The Department may award any Certificate of Number directly or may authorize any person to act as agent for the awarding thereof. In the event that a person accepts such authorization, he may be assigned registra…

§4126. Same: Authorization of Vessel Registration Agents. (a) Agents authorized by the Department to conduct registration of vessels shall be known as Vessel Registration Agents . (b) Vessel Registration Agents shall be appointed by the Director. (c) No compensation shall be give…

§4127. Same: Public Records. Records of the Department made or kept pursuant to this Part shall be public records.