Chapter 11 - Harbor General Provisions
Chapter 11 - Harbor General Provisions
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.
(a) The regulations contained in this chapter shall be observed by masters, owners, and agents of vessels within harbor limits.
(b) The Port Director shall have the power to promulgate such additional rules and regulations as may be required for the proper administration of the areas and matters under his jurisdiction. Masters of all vessels entering the port of Pago Pago shall abide by these rules and regulations, and any special instruction or order received from the Port Director, the assistant port director, the customs officers, and the pilot.
The berthing of vessels at wharves shall be at the discretion of the Port Director.
Vessels desiring to anchor, moor, shift berth, or move about the harbor will first obtain permission from the Port Director or his authorized representative who shall charge for such a request a fee of $25.
Vessels anchored or moored in the harbor shall have their cables ready to veer at all times.
The master of every vessel and crew thereof, when requested by the Port Director, shall give and afford all possible aid in the performance of his duties in relation to such vessel.
No person, without the consent of the port director, may cut or cast off any mooring lines, rope or tackle made fast or attached to any vessel, wharf, mooring, buoy, or other place when the same- has been fastened or attached by the port director or by his order.
(a) It is unlawful for any vessel to try her engine within the harbor limits without the permission of the Port Director.
(b) Any vessel trying her engines alongside of any wharf will be held responsible for any damage to wharves or vessels as a result of such trying of her engines.
(c) Any vessel, master or agent of vessels who violates section (a) & (b) above is subject to a summary fine of $500.00, and shall be liable for any damages caused by such violation.
All vessels entering or leaving port shall keep both anchors clear and in readiness to let go if required.
The master, agents, or owners of a vessel arriving at or departing from the port of Pago Pago shall notify the Port Director as soon as practicable of the times of expected arrival and departure, and in the event of a change in time; the Port Director shall be notified immediately.
Except in cases of actual emergency, all vessels shall proceed at a speed not to exceed 5 knots when entering or leaving Pago Pago Harbor while inside the harbor limits.
If by reason of there being no person aboard a vessel with proper authority, or if by reason of an insufficient number of persons being aboard such vessel, noncompliance with this chapter occurs, or if the master or crew of a vessel refuses to aid the Port Director in moving, pumping, mooring or unmooring of such vessel, the Port Director is empowered to pump, moor, unmoor, place or remove such vessel. To this end, the Port Director may, if necessary, hire such assistance, equipment and tackle or purchase and put aboard such quantity of ballast as seems to him requisite, all at the expense of the master, owners, or agents of such vessel. All such costs shall be paid to the government of American Samoa before permission for departure is given. Neither the government nor the Port Director may be held liable for any damage or loss occurring to any vessel in consequence of such proceedings.
No vessel may anchor in any fairway of any channel, or so as to obstruct the approach to any wharf.
It shall be the responsibility of the owner, master, or owner’s agent to provide any necessary protection to the wharves used, to protect them from all damage in excess of fair wear and tear, whether caused by unusual weather, wind, or operations of the vessel. Any damage caused by any vessel shall be reimbursed to the government prior to the vessel’s departure.
A person aggrieved by a fine levied under the provisions of this subsection by the Port Director may appeal the matter to the High Court of American Samoa where the matter will be tried de novo.
(a) A person, vessel owner, or master of a vessel who violates 20.1714 is guilty of a class D felony. A person, vessel owner, or master of a vessel who violates any other provisions of this title, or any of the rules promulgated pursuant to this title, is guilty of a class A misdemeanor.
(b) The Port Director may summarily fine a person who, or the master of a vessel who, violates 20.1714 any sum not to exceed $1,000, or violates any other rule or regulation in, or promulgated pursuant to, this title any sum not to exceed $1,000 as an alternative to charging a person or persons under subsection (a).
The Port Director may summarily order a person who, or the master of a vessel who, violates 20.1714 to immediately discontinue and to remove or clean up, at the violator’s expense, the discharge. A person aggrieved by an order under this section by the Port Director may appeal the matter to the High Court of American Samoa where the matter will be tried de novo.
(a) There is established in the Treasury of American Samoa a Special Cleanup Fund, consisting of such amounts as may be appropriated or transferred to such Fund, as follows:
(1) All moneys identified by the Port Director as having been collected in the form of fines pursuant to section 20.1115(b); and
(2) An initial appropriation, out of any moneys not otherwise appropriated, of $10,000 for fiscal year 1990.
(b) Nothing, in this chapter shall prevent additional capitalization of the Fund established under subsection (a) above from other sources.
(a) All moneys in the Cleanup Fund established under section 20.1117 shall quarterly be paid over by the Treasurer of American Samoa to the Executive Secretary of the Environmental Quality Commission, who shall serve as Trustee of the Fund.
(b) The Cleanup Fund shall be used for the purpose of cleaning up discharges in the waters of American Samoa that are violations of this chapter, where the violator is unknown. The Executive Secretary of the Environmental Quality Commission as Trustee of the Fund, is empowered to direct the cleanup of sludge, oil refuse, fuel oil, or any product which may cause contamination of the waters of American Samoa.
(c) The Executive Secretary of the Environmental Quality Commission as Trustee of the Cleanup Fund, may also:
(1) develop plans and programs to prevent future discharges; and
(2) promulgate those rules and regulations deemed necessary to promote the efficient and proper use of the Fund.
The Executive Secretary of the Environmental Quality Commission as Trustee of the Cleanup Fund established under section 20.1117, is hereby authorized to borrow, and the Treasurer of American Samoa is authorized to advance, such sums as may be necessary to keep the operating balance of the Fund at least equal to the initial capitalization level of $10,000. Advances made pursuant to this section shall not exceed $50,000 per fiscal year and must be repaid to the general fund of the Treasury whenever the Trustee determines that moneys are available for such repayment.