Chapter 16 - Dockage and Wharfage

Chapter 16 - Dockage and Wharfage

20.1601 Beginning and end of dockage.

(a) Dockage shall begin against a vessel when:

(1) making fast to a wharf, dolphin, or other structure;

(2) occupying a berth immediately alongside a wharf;

(3) making fast to a vessel alongside a wharf or to another vessel already made fast to a vessel alongside a wharf;

(4) the first boat, raft, lighter, etc., reaches a wharf.

(b) Dockage shall continue upon such vessel until she is completely freed from and vacates her mooring or until the last boat, raft, lighter, etc., leaves a wharf.

20.1602 Dockage charges.

(a) Dockage charges shall apply to all vessels not exempted under 20.1604 as follows:

(1) Vessels shall be required to pay dockage charges computed-on a gross ton per day basis or per foot of vessel length per day basis, whichever is the greater, and the charge shall be com-puted as follows:

(A) per gross ton per day: $0.02:

(B) per foot of vessel length per day: $0.10.

(2) One-half of the full dockage rate may be assessed against vessels subject to dockage charges if:

(A) vessels are lying alongside or tied up to any vessel made fast to a wharf;

(B) vessels are lying idle at a wharf;

(C) vessels are moored off shore and using a wharf by means of boats or lighters, based on tonnage or length of moored vessels:

(D) vessels or other floating equipment are lying alongside or tied up to a wharf for purposes of salvaging or rebuilding. Use of the wharf for such purposes will be at the discretion of the Port Director.

(b) No dockage charge may be imposed when a mooring charge is imposed.

20.1603 Charge for half-day dockage.

At the discretion of the Port Director, the day may be divided into 2 equal parts for the purpose of determining dockage due, and a vessel may be charged one-half day dockage if it occupies a berth during only one of the equal periods on any day.

20.1604 Free dockage.

Free dockage will be accorded as follows:

(1) at the discretion of the Port Director, provided actual loading and unloading operations are not being performed:

(2) to government-owned or operated vessels, not engaged commercially:

(3) to United States Coast Guard or other United States Armed Forces vessels.

20.1605 Motor launch and tug fees.

The charge for use of motor launches or tugs for docking or running lines will be established by the Port Director in accordance with the Administrative Procedures Act. 4.1001 et seq.

20.1606 Liability for charges.

Wharfage charges shall be paid by the owners of merchandise loaded on or unloaded from any vessel, but the collection of wharfage charges must be guaranteed by the vessel or her owners or agents. Use of a wharf by a vessel, her agents or owners for loading or unloading of freight shall be deemed an acceptance and acknowledgment of the above provision.

20.1607 Wharfage charges.

(a) The rates for wharfage shall apply per ton of 2,000 pounds weight or 40 cubic feet of measurement, except copra, for which the ton shall be 2,240 pounds and shall be calculated on the same basis (weight or measurement) as used by the owners of the vessel involved in determining freight charges.

(b) Wharfage charges shall be as follows:

(1) for each ton or fraction thereof of cargo loaded or unloaded: $2.00:

(2) for shipments under one ton, the wharfage charge in paragraph (1) is prorated with a minimum charge of $0.50:

(3) in addition to the above per ton charges, for each gallon of petroleum sold, removed or drawn out of the government’s petroleum storage facilities, $0.04 per gallon, $0.02 to be placed in an earmarked revenue fund solely for the preservation, protection and improvement of the petroleum storage facilities and related costs: $0.02 to be placed in an earmarked revenue fund solely for the purpose of purchasing drugs, medical supplies for patient care, and diagnostic medical equipment for the Lyndon Baines Johnson Tropical Medical Center. The Governor shall administer the collection and disbursements of these funds. This authority shall not be delegated:

(4) vessels unloading or loading into lighters not alongside the wharf will be charged one-half wharfage unless the lighter discharges or loads at a wharf where wharfage rates apply and in such case full wharfage will be charged on the cargo loaded or unloaded from or to the lighter pursuant to paragraph (1).

(c) Prior to the delivery of imported cargo, goods, or merchandise, or prior to their loading for export, the following charges shall be collected from the owner, or from the master, owner or agent of the carrier, in addition to any other charges that may be due:

(1) tonnage dues per shipping ton or fraction thereof of cargo consigned to or shipped from American Samoa, $1.00;

(2) tonnage dues per shipping ton or fraction thereof of cargo arriving in American Samoa for transshipment;

(A) per ton or fraction thereof in, $1.00;

(B) per ton or fraction thereof out, $1.00;

(3) provided, however, that tonnage dues on transshipment cargo stored in a government warehouse or other government areas in excess of 72 hours shall be;

(A) per ton or fraction thereof per day or fraction thereof for the first 2 weeks, $1.00;

(B) per ton or fraction thereof per day or fraction thereof in excess of two weeks, $2.00;

(4) goods stored in a government warehouse or other areas in excess of 72 hours, per ton or fraction thereof, per day, or fraction thereof, for the first 3 days, $2.00; after 3 days, the rate shall be $4.00;

(5) (A) containers stored in the port area or other government areas are subject to charges in addition to tonnage dues and other charges as follows:

(i) inbound containers: 120 hours after arrival, $0.50 per day; and $1.00 per day after 30 days.

(ii) outbound containers: immediately upon occupying respective areas, $0.50 per day and $1.00 per day after 30 days.

(B) containers stored by or primarily for the use of fish processing facilities are exempt from the charges provided by paragraph (5)(A) if these containers are used within 30 days after arrival or if these containers contain canned fish.

(d) Goods arriving in Pago Pago landing marked or specifically identified as for one of the villages in Manu’a shall be exempt from storage charges. The owner or agent for such goods shall arrange for the transshipment to Manu’a on the first available transportation.

(e) In the event the shipping companies resort to containerization of shipments to American Samoa and the space available in all government warehouses is substantially changed as a result of the use of containers, the Port Director is authorized to amend the storage charges contained in this section so as not to place an unreasonable burden on the government or the shippers until the next meeting of the Legislature.

(f) For the purpose of this section “ton” means 2,000 pounds weight or 40 cubic feet of measurement, except in the case of copra, where a ton means 2,240 pounds.

(g) The charges imposed by this section may be increased, decreased, or supplemented by order of the Governor.

(h) Except for revenues specifically earmarked for another purpose, one-half of all revenues received under this section shall be placed in an earmarked fund to be appropriated annually by the Legislature to provide funds, pursuant to 11.1906(i), for rental charges to pay the principal and interest on the bonds issued by the American Samoa economic development authority to finance the executive office building of the government during the term of the bonds. The appropriations shall be included in the annual appropriation act for each fiscal year, beginning with fiscal year 1989. This subsection is repealed on the date that all of the bonds issued to finance the executive office building or the government are fully paid, or provision is made for such payment pursuant to the trust indenture applicable to the bond issue.

History : 1962, PL 7-27; 1972, PL 12-49 §§ 9, 10; 1972, PL 12-56 § 1;amd 1979, PL 16-44 § 2;amd 1980, PL 16-84 § 1;amd 1987, PL 20-39 § 2; 1987, PL 20-43 § 2; 1989, PL 21-25; amd 1994, PL 23-14.

Amendments: 1979 Subsection (c)(5): added.

*1980 Added phrase beginning “if these containers." to subparagraph (c)(5)(B).

*1987 PL 20-39: changed fees and added subsection (h): PL 20-43: added subsection (a)(3) and, language to subsection (d): “or specifically identified as after landing marking”.

20.1608 Loading and unloading of vessels.

The master or agent of a vessel shall employ sufficient skilled labor to insure expeditious loading and unloading of the vessel. The number required shall be determined by the Director. The Director is authorized to prescribe realistic time limits within which a vessel shall be loaded or unloaded. If a vessel is not loaded or unloaded within the time limits set by the Director pursuant to this section, he may order the vessel to vacate the dock if the dock is needed for loading or unloading of other vessels.

20.1609 Exemption.

All cargo shipped by or for the Government of American Samoa or the United States Gov-ernment shall be exempt from all tonnage or wharfage fees imposed by 20.1606 through 20.1608.