The following definitions shall apply in this title:
(a) “Berth” means the space occupied by a vessel which is moored or made fast to a wharf, dolphin, or other structure.
(b) “Container” means a single rigid, inter-modal dry cargo, insulated refrigerated, flat rack, liquid tank, or open door container, demountable, without wheels or chassis attached, furnished or approved by ocean carriers for transportation of commodities aboard its vessels. Modules are generally, referred to or known as 20-footers and 40-footers, even though they may be less than 20 or 40 feet in length. Sea vans (types used for household goods) or other similar shipping containers or cargo boxes are excluded from this definition.
(c) “Deep draft vessel” is one with a maximum draft over 12 feet when fully loaded.
(d) “Dockage” means the charge assessed against a vessel when it is:
(1) berthed or made fast to a wharf, dolphin, or other structure;
(2) lying alongside of or tied to a vessel which is made fast to, or is lying alongside, a wharf, dolphin, or other structure;
(3) not tied up to or lying alongside of, but is using, a wharf by means of boats, rafts, lighters, or otherwise.
(e) “Draft” means the maximum depth of water a vessel draws at the time pilotage is furnished.
(f) “light draft vessels” are vessels with a maximum draft of 12 feet.
(g) “Mooring charge” is the charge assessed against light draft vessels for the privilege of tying up to or lying alongside of a wharf or other structure. It is also the charge assessed against such vessels which do not tie up to or lie alongside of a wharf or other structure, but which tie up within the harbor or which use a wharf or other structure by means of a tender or boat which ties up to or lies alongside of same.
(h) “Pilot” means any person duly licensed by the marine board and appointed as pilot by the port director.
(i) “Pilotage” is the charge assessed against a vessel for the availability or use of pilot service furnished by the government into and out of the harbor of American Samoa.
(j) “Port Director” means the head of the Department of Port Administration and his authorized representatives.
(k) “Service charge” is the charge made against a vessel to cover expenses of administration of the port and maintenance of the harbor.
(l) “Tons” and “tonnage” in the case of cargo mean a weight of 2,000 pounds, or 40 cubic feet of measurement. In computing the displacement tonnage, the mean draft shall be used in reference to the builder’s scale. In the event this scale or other authoritative scale is not available, the displacement shall be computed using Simpson’s Rule, as follows:
Length X Breadth X Draft X 0.7
(m) “Wharf’ means and includes any wharf, pier, bulkhead, quay, landing, or other structure owned by the government, to which a vessel may make fast or which may be utilized in the landing of passengers, goods, or merchandise, and includes petroleum storage facilities;
(n) “Wharfage” means the charge assessed against merchandise:
(1) for the use of any wharf while awaiting removal therefrom;
(2) for passing over or through any wharf;
(3) for passing to or from a vessel while such vessel is:
(A) made fast to a wharf,
(B) moored in any slip, channel, basin or canal,
(C) made fast to another vessel.History: 1962, PL 7-27; 1972, PL 12-49 § 1;amd 1979, PL 16-44 § l; amd 1987, PL 40-43 § 1.
Amendments: 1979 Subsection (b): added.
*1987 Subsection (b): made “ocean carrier” plural.
Subsection (1): added “of” between “feet” and measurement”.
Subsection (in): added petroleum storage facilities to meaning of “wharf”.