Title 18 — Business Structure and Function

It shall be unlawful for any person not licensed as a pilot under this Chapter to pilot or to offer to pilot a vessel not exempt from this Chapter. It shall be unlawful for any person on board a tug or towboat to tow a vessel or barge not exempt from this Chapter, unless the vess…

The Port Authority of Guam shall not provide or warrant the availability of pilot services, which shall be provided solely by the private sector. The terms of any contract for pilotage, including rates or pilot fees, shall be negotiated and agreed upon by the parties thereto, exc…

Every licensed pilot shall have a lien for pilotage fees upon the whole of any vessel liable to the pilot therefor. SOURCE: Added by P.L. 25-09:15.

Pilotage waters as established under this Chapter shall consist of all waters of the Guam within two (2) nautical miles of Apra Harbor and all waters within Apra Harbor, exclusive of Federally restricted waters. SOURCE: Added by P.L. 25-09:16.

Every vessel involved in trade or commerce, other than an exempt vessel, entering, departing from or traversing the waters of Apra Harbor shall employ a harbor pilot. However, a vessel declared by the Harbor Master or the Captain of the Port to be in immediate danger of destructi…

A harbor pilot is not required for: 1. vessels not involved in trade or commerce; 2. enrolled and other vessels that are exempt under the laws of the United States of America, provided they are under the direction and control of a Federally licensed pilot; and 3. vessels home-por…

The following vessels may enter, exit and be operated in Apra Harbor without the assistance of a pilot, but only during daylight hours: 1. vessels under five hundred (500) gross tons; provided, the master of the vessel has previously entered and exited Apra Harbor while operating…

This Section is not intended to negate or limit the Port Authority of Guam's responsibility for the safe navigation of all vessels within Guam waters. Accordingly, the Port Authority's Harbor Master may recommend or require the assistance of a pilot for any vessel exempt by this …

COL120106 The Board of Directors of the Port Authority of Guam shall adopt rules and regulations establishing credentialing criteria for and governing the conduct of pilots. In addition to credentialing criteria and standards of professional conduct, such rules and regulations sh…

The Manager of the Port Authority of Guam shall determine the professional qualifications necessary to obtain a pilot's license in accordance with the Authority=s rules and regulations. As the basis for approving applications, the Manager may by rule accept the determinations of …

The Board of Directors of the Port Authority of Guam may adopt and from time to time adjust, in accordance with the Administrative Adjudication Law, a schedule of fees and charges for each application, examination, issuance, renewal or replacement of a harbor pilot's license in o…

No pilot who on the effective date of this enactment is employed or operating a business as a pilot in Guam and who, further, is duly licensed by the United States Coast Guard as a pilot shall be denied a territorial harbor pilot's license or a renewal thereof. Nor shall any appl…

Except as provided in § 56403.5, the Manager may deny the issuance of a license to any applicant and may suspend or revoke the license of any pilotfor any cause authorized by law or the Port Authority of Guam=s pilotage rules and regulations, including but not limited to the foll…

COL120106 The Manager shall appoint a Pilot License Advisory Committee, consisting of seven (7) members, including the Harbor Master, who shall serve as its Chairperson; Assistant Harbor Master; three (3) licensed harbor pilots; and two (2) members representing the shipping indus…

Any person may request a review of the Manager's denial, suspension or revocation of a pilot's license by the Board of Directors of the Port Authority, provided a written notice of appeal is delivered to the Manager within thirty (30) days of his final decision, which shall be in…

A pilot, on boarding a vessel, and if required by the master thereof, shall exhibit the pilot's license or a photostatic copy thereof. SOURCE: Added by P.L. 25-09:12. COL120106

The master of a ship may enforce the obedience of the mate and seamen to his lawful commands by confinement and other reasonable corporal punishment, being responsible for the abuse of his power. SOURCE: CC § 2037.

The master of a ship may confine any person on board, during a voyage, for willful disobedience to his lawful commands. SOURCE: CC § 2038.

If, during a voyage, the ship's supplies fail, the master, with the advice of his officers, may compel persons who have private supplies on board to surrender them for the common want, on payment of their value, or giving security therefor. SOURCE: CC § 2039.

The master of a ship must not abandon it during the voyage, without the advice of the other officers. SOURCE: CC § 2040.

The master of a ship, upon abandoning it, must carry with him, as far as it is in his power, the money and the most valuable of the goods on board, under penalty of being personally responsible. If the articles thus taken are lost from causes beyond his control, he is exonerated …

The master of a ship, who engages for a common profit on the cargo, must not trade on his own account, and if he does, he must account to his employer for all profits thus made by him. SOURCE: CC § 2042. COL120106

The master of a ship must use great care and diligence in the performance of his duties, and is responsible for all damage occasioned by his negligence, however slight. SOURCE: CC § 2043.

The authority and liability of the master of a ship, as an agent for the owners of the ship and cargo, are regulated by Part 2 of this Title (Agency), subject to the laws enacted by the Congress of the United States. SOURCE: CC § 2044. NOTE: No 1970 Civil Code '§ 2045-2047 existe…

The mate of the ship is the officer next in rank to the master, and in case of the master's disability he must take his place. By so doing he does not lose any of his rights as mate. SOURCE: CC § 2048.

All persons employed in the navigation of a ship, or upon a voyage, other than the master and mate, are to be deemed seamen within the provisions of this Title. SOURCE: CC § 2049.

The mate and seamen of a ship are engaged by the master, and may be discharged by him at any period of the voyage, for willful and persistent disobedience or gross disqualification, but cannot otherwise be discharged before the termination of a voyage. SOURCE: CC § 2050.

A mate or a seaman is not bound to go to sea in a ship that is not seaworthy, and if there is reasonable doubt of its seaworthiness, he may refuse to proceed until a proper survey has been had. SOURCE: CC § 2051.

A seaman cannot, by reason of any agreement, be deprived of the lien upon the ship, or of any remedy for the recovery of his wages to which he would otherwise have been entitled. Any stipulation by which he consents to abandon any right he may have or obtain in the nature of salv…

No special agreement entered into by a seaman can impair any of his rights, or add to any of his obligations, as defined by law, unless he fully COL120106 understands the effect of the agreement, and receives a fair compensation therefor. SOURCE: CC § 2053.

Except as hereinafter provided, the wages of seamen are due, when, and so far only as, freightage is earned, unless the loss of freightage is owing to the fault of the owner or master. SOURCE: CC § 2054.

The right of a mate or seaman to wages and provisions begins either from the time he begins work, or from the time specified in the agreement for his beginning work, or from his presence on board, whichever first happens. SOURCE: CC § 2055.

Where a voyage is broken up before departure of the ship, the seaman must be paid for the time he has served, and may retain for his indemnity such advances as he has received. SOURCE: CC § 2056.

When a mate or seaman is wrongfully discharged, or is driven to leave the ship by the cruelty of the master on the voyage, it is then ended with respect to him, and he may thereupon recover his full wages. SOURCE: CC § 2057.

In case of loss or wreck of the ship a seaman is entitled to his wages up to the time of the loss or wreck, whether freightage has been earned or not, if he exerts himself to the utmost to save the ship, cargo, and stores. SOURCE: CC § 2058.

COL120106 A certificate from the master or chief surviving officer of a ship, to the effect that a seaman exerted himself to the utmost to save the ship, cargo, and stores, is presumptive evidence of the fact. SOURCE: CC § 2059.

Where a mate or seaman is prevented from tendering services by illness or injury, incurred without his fault in the discharge of his duty on the voyage, or by being wrongfully discharged, or by capture of the ship, he is entitled to wages notwithstanding; but in case of a capture…

If a mate or seaman becomes sick or disabled during the voyage, without his fault, the expense of furnishing him with suitable medical advice, medicine, attendance, and other provision for his wants, must be borne by the ship until the close of the voyage. SOURCE: CC § 2061.

If a mate or seaman dies during the voyage, his personal representatives are entitled to his wages to the time of his death, if he would have been entitled to them had he lived to the end of the voyage. SOURCE: CC § 2062.

Desertion of the ship without cause, or a justifiable discharge by the master during the voyage, for misconduct, or a theft of any part of the cargo or appurtenances of the ship, or a willful injury thereto or to the ship, forfeits all wages due for the voyage to a mate or seaman…

A mate or seaman may not, under any pretext, ship goods on his own account without permission from the master. SOURCE: CC § 2064. NOTE: No CC § 2065 existed. COL120106

The shipment of officers and seamen, and their rights and duties, are further regulated by Acts of Congress of the United States. SOURCE: CC § 2066. NOTE: No 1970 Civil Code '§ 2067-2069 existed. ---------- ARTICLE 6 SHIPS' MANAGERS

The general agent for the owners, in respect to the care of the ship and freight, is called the manager. If he is a part owner, he is also called the managing owner. SOURCE: CC § 2070.

Unless otherwise directed, it is the duty of the manager of a ship to provide for the complete seaworthiness of a ship, to take care of it in port, to see that it is provided with necessary papers, with proper master, mate and crew, and supplies of provisions and stores. SOURCE: …

A managing owner is presumed to have no right to compensation for his own services. SOURCE: CC § 2072. NOTE: No 1970 Civil Code '§ 2073-2077 existed. COL120106 ---------- COL120106 COL120106

One who officiously and without the consent of the real or apparent owner of a thing, takes it into his possession for the purpose of rendering a service about it, must complete such service, and use ordinary care, diligence, and reasonable skill about the same. He is not entitle…

A person other than the master, mate, or a seaman thereof, who rescues a ship, her appurtenances, or cargo, from danger, is entitled to a reasonable compensation therefor, to be paid out of the property saved. He has a lien for such claim, which is regulated by Part 2 of this Tit…

The contract of carriage is a contract for the conveyance of property, persons, or messages from one place to another. SOURCE: CC § 2085.

Carriage is either: 1. Inland; or 2. Marine. SOURCE: CC § 2086.

Carriers upon the ocean and upon arms of the sea are marine carriers. All others are inland carriers. SOURCE: CC § 2987.