SECTION1 - TERMS AND DEFINITIONS

SECTION 2- RULES AND REGULATIONS
         2.1 JURISDICTION OF THE PORT COMMISSION
                OF THE PORT LAVACA PORT COMMISSION
                OF CALHOUN COUNTY, TEXAS
         2.2 AUTHORITY TO BOARD VESSELS
         2.3 RIGHT TO MOVE VESSELS
         2.4 MANNING OF VESSELS
         2.5 PROPER AND SAFE MOORING OF VESSELS
         2.6 MOORING STRUCTURES
         2.7 RESPONSIBILITY FOR INJURY OR LOSS OF CARGO
         2.8 SPEED OF VESSEL IN WATERWAYS
         2.9 USE  OF  PUBLIC  PORT  FACILITY  TO
               REDUCE SPEED OF VESSELS PROHIBITED
         2.10 REPORTING ACCIDENTS
         2.11 SWIMMING AND FISHING PROHIBITED
         2.12 USE OF FIREARMS
         2.13 LIABILITY FOR  DAMAGE  TO  PORT
               AUTHORITY PROPERTY
         2.14 PLEASURE CRAFT AND AMPHIBIOUS
               AIRCRAFT PROHIBITED IN WATERWAYS
         2.15 DISCHARGE OF WASTE OF ANY KIND OR
               FORM  WHATSOEVER,  INCLUDING DIRTY
               BALLAST, PROHIBITED
         2.16 LINES REQUIRED FOR EMERGENCY USE
         2.17 OBSTRUCTION  OR  REMOVAL  OF  FIRE
               FIGHTING APPARATUS PROHIBITED
         2.18 RESPONSIBILITY FOR REPORTING
               HAZARDOUS CARGO
         2.19 HANDLING OF HAZARDOUS MATERIAL
         2.20 OBSERVANCE  OF  LOAD  AND  STACKING
               LIMITATIONS AT PUBLIC PORT FACILITIES
         2.21 SMOKING AND OPEN FIRES PROHIBITED
         2.22 PREVENTING  SPILLAGE  OF  VARIOUS
               MATERIALS INTO THE WATERWAYS
         2.23 OPERATING AUTHORIZED VEHICLES IN OR
               ON PUBLIC FACILITY
         2.24 AUTHORITY OF HARBORMASTER TO ACT IN
               EMERGENCIES
         2.25 HAZARDOUS CONDITIONS
         2.26 RESPONSIBILITY FOR PREPARING. TANK
               VESSELS   FOR  SAFE LOADING AND
               UNLOADING
         2.27 RESPONSIBILITY FOR OPERATING DOCK
               VALVES
         2.28 LOADING OR UNLOADING NOT PERMITTED
               WHILE TUGS OR TOWBOATS ARE ALONGSIDE
               VESSEL
         2.29 LOADING OR UNLOADING ACROSS THE DECK
               OF ANOTHER VESSEL PROHIBITED
         2.30 LOADING  OR  UNLOADING  MUST  BE
               DISCONTINUED DURING STORMS
         2.31 OPERATION  OF  WINCHES  PROHIBITED
               WHILE  VESSELS  ARE LOADING  OR
               UNLOADING FLAMMABLE MATERIALS
         2.32 PRECAUTIONS TO PREVENT POLLUTION OF
                HARBOR WATERWAYS
         2.33 RESPONSIBILITY FOR RAISING SUNKEN
               VESSELS
         2.34 RESPONSIBILITY TO COMPLY WITH ALL RULES
              AND REGULATIONS

SECTION   3   -  MISCELLANEOUS  CHARGES   AND  TARIFF PROVISIONS
         3.1 PAYMENT OF CHARGES AND
              RESPONSIBILITY THEREFOR; EXTENSIONS
              OF CREDIT AND LIENS
        3.2  APPLICATION AND INTERPRETATION OF TARIFF
        3.3 CARGO    STATEMENT,    WHARFAGE
             TRANSACTION FORM SHIP'S MANIFEST AND
             ACCESS TO RECORDS REQUIRED
        3.4 WHARFAGE  CHARGES  ON  CARGO  NOT
             SHIPPED BY WATER
        3.5 ASSIGNMENT OF BERTH AND CONDITIONS
            OF ASSIGNMENT
        3.6 FREE TIME AND PENALTY

SECTION 4 - DOCKAGE CHARGES
        4.1 GENERAL CARGO, DRY BULK COMMODITIES,
             AND OTHER COMMODITIES NOT COVERED BY
             PARTS TWO AND THREE OF THIS ITEM
        4.2 CRUDE PETROLEUM, REFINED PETROLEUM
             PRODUCTS, CHEMICALS1 PETROCHEMICALS
             OR OTHER LIQUID BULK COMMODITIES IN
             NON  SELF-PROPELLED  TANK  (BARGES)
             VESSELS

AGENT OR VESSEL AGENT   The party or entity which submits the application for a berth.

AUTHORITY OR PORT AUTHORITY  City of Port Lavaca Port Commission, Calhoun County, Texas (a political subdivision of the State of Texas).

BERTH  The water area at the edge of a wharf, including mooring facilities, used by a vessel while docked.

CHECKING   The service of counting and checking cargo against appropriate documents for the account of the cargo or the vessel, or other person requesting same.

CONTAINER A standard (I.S.O.) seagoing container 20 feet in length or over.

DAY  A consecutive 24-hour period or fraction thereof.

DOCKAGE  The charge assessed against a vessel for berthing at a wharf, pier, bulkhead structure, or bank or for mooring to a vessel so berthed.

FREE TIME The specified period during which cargo may occupy space assigned to it on terminal property free of wharf demurrage or terminal storage charges immediately prior to the loading or subsequent to the discharge of such cargo on or off the vessel.

HANDLING  The service of physically moving cargo between point of rest and any place on the terminal facility, other than the end of ship's tackle.

HARBORMASTER   The person designated harbormaster by the Port Commission and such person's assistants or representatives.

HEAVYLIFT The service of providing heavy lift cranes and equipment for lifting cargo.

LOADING AND UNLOADING  The service of loading or unloading cargo between any place on the terminal and railroad cars,  trucks, lighters or barges or any other means of conveyance to or from the terminal facility.

PORT COMMISSION The governing body of the City of Port Lavaca Port Commission of Calhoun County1 Texas.

PORT EMPLOYEES  The employees and servants of the City of Port Lavaca Port Commission.

PORT FACILITY   All wharves, docks, sheds, warehouses,  lands, structures, freight handling machinery, eguipinent, and appliances of all kinds situated within the area covered by the scope of this tariff.

SHIP  Any self propelled vessel suitable for use on ocean waters.

TON A unit of weight of 2,000 pounds.

USAGE  The use of terminal facility by any rail carrier, lighter operator, trucker, shipper or consignee, its agents, servants, and/or employees, when it performs its own car, lighter or truck loading or unloading, or the use of said facilities for any other gainful purpose for which a charge is not otherwise specified.

USER A user of the facilities owned, leased, and/or controlled by the City of Port Lavaca Port Commission shall include any vessel or person using any Port Commission properties,  facilities,  or equipment, or to whom or for whom any service, work or labor is furnished,  performed,  done  or  made  available  by  the  Port Commission, or any person owning or having custody of cargo moving over such facilities.

VESSEL Any vessel used for the floating transportation of marine cargo, whether self-propelled or non self-propelled, and shall include in its meaning the owner thereof.

WATERWAYS All those waterways presently under the jurisdiction or hereafter placed under the jurisdiction of the City of Port Lavaca Port Commission.

WHARF   Any wharf,  pier,  guay,  landing,  or other stationary structure to which a vessel may make fast or which may be utilized in the transit or handling of cargo or passengers and shall include other port terminal facility areas alongside of which vessels may lie or which are suitable for and are used in the loading, unloading, assembling, distribution, or handling of cargo.

WRARFAGE  A charge assessed against the cargo or vessel on all cargo passing or conveyed over, onto, or under wharves or between vessels (to or from barge, lighter, or water), when berthed at wharf or when moored in slip adjacent to wharf. Wharfage is solely the charge for use of wharf and does not include charges for any other service.

WHARF DEMURRAGE A charge assessed against cargo remaining in or on terminal facilities after the expiration of free time unless arrangements have been made for storage.

2.1 JURISDICTION OF THE PORT COMMISSION OF THE PORT LAVACA PORT COMMISSION OF CALHOUN COUNTY. TEXAS

The geographical boundaries of the Port Commission are as described in Exhibit "A" attached hereto and made a part herein for any and all purposes, and the Port Commission exercises jurisdiction over the waterways and public port facilities and all vessels using the waterways.  The Port Commission has the power and authority to regulate and fix charges for use of the public port facilities.

The Port Commission is authorized to make and enfcrce rules and regulations to facilitate navigation and commerce1 and to ensure safe and egual conveniences to every user.  All vessels using the waterways shall conform to these rules and regulations in the waterways; that additionally all Coast Guard rules and regulations are to apply within the waterways.  All users of the public port facilities, by their use, consent to be bound by the provisions of these rules and regulations in this tariff as they exist or may be amended or modified form time to time.

Refusal or failure to comply with these Port Commission rules and regulations may result in an order to vacate the public port facility or to cease loading or unloading or any other order deemed necessary or advisable by the Port Commission or the harbormaster.

2.2 AUTHORITY TO BOARD VESSELS

Any vessel within the waterways must permit port employees to board the vessel at any time to carry out Port Commission business.

2.3 RIGHT TO MOVE VESSELS

Whenever in the opinion of the harbormaster it is deemed necessary or advisable in order to facilitate navigation and commerce, or for the protection and safety of a vessel or vessels or other property, that any vessel in the waterways be moved or the position thereof Changed, the harbormaster may order and enforce the removal or shifting of such vessel at the vessel's expense to such place as may be assigned for the vessel.  Written or oral notice of any order may be given the master or the person in charge of the vessel, who shall comply with the order.  In case of failure or neglect to comply with such order, the harbormaster shall have the right to cause the vessel to be moved or removed as ordered at the expense and risk of the vessel and her owners and charterers.

2.4 MANNING OF VESSELS

All self-propelled vessels in the waterways shall be manned at all times by at least one person with authority to take charge of the vessel and carry out the orders of the harbonnaster and/or to act in case of emergency.   Such vessel shall also be manned at all times by and with a sufficient crew to take any action required by the harbormaster in an emergency.

2.5 PROPER AND SAFE MOORING OF VESSELS

Vessels moored to any public or private port facility shall use a sufficient number of lines in good condition and of adequate size and strength to assure that a vessel is properly and safely moored and shall be breasted against the breasting structure as closely as possible with mooring lines taut at all times.

At public port facilities mooring lines shall be placed only on structures provided for the purpose of mooring vessels and shall not be made fast in any way to any other portion of the public port facility including supporting piles or fender piles.

2.6  MOORING STRUCTURES

The Port Commission provides and maintains mooring structures at each public port facility.  In view of the low charges for use of Port facilities, the Port Commission hereby expressly disclaims any representation or warranty of suitability or adequacy of its mooring structures for use by a vessel.  The Port Commission or port employees shall not be liable for damages resulting from the failure of any mooring structure unless caused solely by the negligence of the Port Commission.  All defects or inadequacies in mooring structures at a public port facility shall be promptly reported in writing to the harbormaster. The Port Commission shall not be liable for any damage resulting from a defective or inadequate mooring structure which has not been reported to the harbonnaster pursuant to this rule.

2.7 RESPONSIBILITY FOR INJURY OR LOSS OF CARGO

Except for damage or injury caused by its own negligence, the Port Commission will not be responsible for the injury or loss of any cargo being loaded or unloaded at the public wharves, or while on wharves or in warehouses awaiting shipment or delivery, and will not be responsible for any delay to same; nor for injury to or loss of cargo on its wharves or in its sheds by fire, leakage, or discharge of water from fire protection sprinkler system; collapse of building, shed platforms, wharves; subsidence of floors or foundations; breakage of pipes; nor for loss or injury caused by rats, mice, moths, weevils or other animals or insects, frost or the elements; nor shall it be liable for any delay, loss or damage arising from combinations of strikes, tumult, insurrection, or acts of God;  nor from any of the consequences of any of these contingencies.

Vessel owners or their agents arranging to use the wharves shall be required to furnish watchman service at all times when they have cargo on the wharves.

Notwithstanding anything to the contrary contained herein, User, its  successors  and  assigns,  agree  to  hold  harmless  and unconditionally indemnify the Port Commission against any and all liability, costs, expenses, claims and damages (including the amounts of judgments, penalties, interest, Court costs and legal fees incurred by the Port Commission in defense of same) which the Port Commission may at any time suffer or sustain or become liable for by reason of any claim or actions based on or arising out of injuries, including death, to persons or damages to or destruction of property,  sustained or alleged to have been sustained in connection with, incident to or resulting from their operations on the property of the Port Commission by User,  its agents and employees, and its subcontractors, their agents and employees, unless such claims or actions are founded in whole upon the alleged negligence of the Port Commission.   User further agrees to unconditionally indemnify and hold harmless the Port Commission and its representatives,  and the employees,  agents,  invitees and licensees thereof in respect of any such matters and agrees to defend any claim or suit or action brought against the Port Commission, the Port Commission's representative, and employees, agents, invitees, and licensees thereof.
 

2.8 SPEED OF VESSEL IN WATERWAYS

Vessels entering the waterways shall maintain a speed not in excess of a safe maneuvering and steerage speed which will not create any unusual wake condition.   Vessels violating speed restrictions described herein shall be liable for any damage to any public port facility that may arise from any unusual wake condition.

2.9 USE OF PUBLIC PORT FACILITY TO REDUCE SPEED OF VESSELS PROHIBITED

Vessels may not make fast, tie or fasten lines of any kind or size to any part of a public port facility for the purpose of reducing a vessel's speed.   Violators will be held responsible for any damage that is caused by doing so.

2.10 REPORTING ACCIDENTS

Any fire,  accident or other casualty of any kind whatsoever occurring aboard a vessel on the waterways, whether within or outside of the waterways shall be reported immediately to the harbormaster by telephone, radio or by any other means available.

In the event of a collision between two vessels or between a vessel and any public port facility, written report of such collision shall, within 48 hours, be furnished to the harbormaster by the pilot and by the master, owner or agent of the vessel, provided that in the case of a minor collision where a vessel is underway and proceeding to the open sea, there being no needof repair, said report may be mailed by the master of the vessel from the next port at which it calls, and provided further that, in all cases of collision, report of an owner or agent shall not relieve the pilot of the duty of rendering his report within the specified time.

2.11 SWIMMING AND FISHING PROHIBITED

Swimming and fishing within the  limits of the waterways  is prohibited.  Violators will be ordered off the premises.

2.12 USE OF FIREARMS

The use or possession of firearms, except by authorized persons, is prohibited within the waterways and on land owned by the Port Authority.

2.13 LIABILITY FOR DAMAGE TO PORT AUTHORITY PROPERTY

Users causing damage to or destruction of Port Commission property shall be liable to the Port Commission for the expense of repair or cost of replacement of all property damaged or destroyed.

In the event any damage is caused to any public port facility or other property of the Port Commission, the user to whom such public port facility or other property has been assigned shall make a written report of the occurrence to the port executive director, including the date and time the damage occurred, a description thereof, the names, addresses, and business connections of such user, and the parties, or persons causing such damage, as well as the names, addresses, and business connections of witnesses to the occurrence, and all other available pertinent facts and information with respect thereto.  Such report shall be made within 48 hours following the occurrence that causes the damage.

2.14 AMPHIBIOUS AIRCRAFT PROHIBITED IN WATERWAYS

Amphibious aircraft, except those having permission of the Port Commission, port executive director or harbormaster or those on official or governmental business,  shall not operate in the waterways.

2.15 DISCHARGE OF WASTE OF ANY KIND OR FORM WHATSOEVER  INCLUDING DIRTY BALLAST  PROHIBITED

The discharge of waste of any kind or form whatsoever, including dirty ballast, into the waterways or upon any public or private port facility is prohibited.

2.16 LINES REOUIRED FOR EMERGENCY USE

All self-propelled vessels berthed at any public or private port facility shall place wire lines, fore and aft on the offshore side of the vessel, extending down to a point just above the water, for use in towing the vessel from the port facility in case of emergency.

2.17 OBSTRUCTION OR REMOVAL OF FIRE FIGHTING APPARATUS PROHIBITED

No person shall obstruct or interfere with the easy access to, or in any manner disturb, any fire extinguisher, fire hose, fire hydrant, or any other fire fighting appliance (except in case of fire) installed in or upon any public port facility.

2.18 RESPONSIBILITY FOR REPORTING HAZARDOUS CARGO

The master of any vessel entering the waterways shall furnish the harbormaster immediately upon docking a list of hazardous cargo aboard the vessel, including any gunpowder, dynamite, or other explosives, or flammable materials (except tank vessels designed for carrying such flammable materials) stating the quantity and the location of each in the vessel.  The master shall abide by the Port Commission rules and regulations and any other instructions issued by the harbormaster pertaining to such cargo and the handling thereof.

2.19 HANDLING OF HAZARDOUS MATERIAL

Materials classified as hazardous by the U. S. Coast Guard, or the U. S. Department of Transportation will be accepted by the Port Commission for handling in waterborne commerce only if they are in full compliance with the U.  S.  Coast Guard,  and the U.  S. Department of Transportation rules and regulations governing the handling of hazardous materials and with all federal and state laws and municipal ordinances and any rules and regulations issued pursuant thereto.

For the protection and safety of the waterways, port facilities, users, and the general public, the right is reserved to issue such directives as may be deemed necessary by the Port Commission to ensure   safe   handling,   stowing,   loading,   unloading,   or transportation of hazardous materials within or upon the waterways. Written notice to the harbormaster is required prior to the tender of hazardous materials.

The Port Commission may refuse the use of its waterways and/or its port facilities for the handling, stowing, loading, unloading or transportation of such explosives or other hazardous materials which are considered by the harbormaster as offering undue risk or exposure to such risk.

2.20 OBSERVANCE OF LOAD AND STACKING LIMITATIONS AT PUBLIC PORT FACILITIES

Any user desiring to use a public port facility for the handling of cargo of a kind that might exceed the public port facility load limits or stacking limitations or in any way might damage or endanger such port facility, must first obtain written permission and/or special instructions from the harbormaster.

2.21 SMOKING AND OPEN FIRES PROHIBITED

Smoking and/or the use of open fire, matches, or cigarette lighters inside,  outside,  near or around any public port facility is prohibited except in designated smoking areas.
 

2.22 PREVENTING SPILLAGE OF VARIOUS MATERIALS INTO THE WATERWAYS

When deemed necessary by the harbormaster, vessels loading or unloading any dry bulk commodities in the waterways will be required to stretch protective cloth, plastic or other similar material or devices between the dock and vessel to prevent spillage of such materials into harbor waters.
 

2.23 OPERATING AUTHORIZED VEHICLES IN OR ON PUBLIC FACILITY

Only authorized vehicles may be operated or parked in or on any public port facility.  If, in the opinion of the harbormaster, such parking or operation of a vehicle or vehicles will or could interfere with-the efficient or safe operation of the public port facilities the harbormaster may order such vehicle or vehicles out of the area of interference or off the public port facility.  The harbormaster may also have unauthorized vehicles removed from the public port facility and stored at owners expense.

2.24 AUTHORITY OF HARBORMASTER TO ACT IN EMERGENCIES

Nothing herein shall be construed to prevent or limit the harbormaster from taking whatever action he deems necessary or advisable to prevent or handle emergencies.

2.25 HAZARDOUS CONDITIONS

If hazardous conditions of any kind whatsoever develop during any loading, unloading or any other type of operation whatsoever at any public or private port facility, operations shall cease immediately and the harbormaster shall be notified.

2.26 RESPONSIBILITY FOR PREPARING TANK VESSELS FOR SAFE LOADING AND UNLOADING

During loading or unloading of tank vessels at any public port facility designated as an oil dock, a ship's officer or certified tankerman that is gualified and thoroughly familiar with loading and/or unloading operations must be on duty at all times.   A sufficient number of experienced crew members must also be~on duty at all times for the safe loading and/or unloading of cargo.

Prior to and during all cargo and fuel transfer operations, all scuppers must be properly plugged and sea valves closed and sealed. The ship's officer or tankerman in charge must be licensed officer or certified tankerman and must inspect the vessel to assure that it is ready for loading or unloading.  Loading or unloading shall not begin until a representative of the user loading or unloading the vessel has given his approval to start and the required means of communication has been established.

2.27 RESPONSIBILITY FOR OPERATING DOCK VALVES

Any user of any public port facility designated as an oil dock for loading or unloading vessels, (which loading and unloading shall include the operation of valves and displacing of pipe lines or transfer of products between owners) shall be responsible for having a qualified dockman or dockinen experienced in handling flammable materials present at the public port facility at all times during transfer and/or loading or unloading.

2.28 LOADING OR UNLOADING NOT PERMITTED WHILE TUGS OR TOWBOATS ARE ALONGSIDE VESSEL

Tug or towboats shall not be permitted alongside a vessel at any public or private port facility designated as an oil dock while the vessel is loading or unloading except that the tug or towboat of an ocean barge tow shall be permitted alongside or affixed to its two subject to U. S. Coast Guard regulations.  Other boats will be permitted alongside for bunkering as provided elsewhere in these rules.

2.29 LOADING OR UNLOADING ACROSS THE DECK OF ANOTHER VESSEL PROHIBITED

Loading or unloading cargo across the deck of another vessel shall not be permitted at any public or private port facility designated as an oil dock, except across barges of the same tow loading or unloading the same kind of cargo.

2.30 LOADING OR UNLOADING MUST BE DISCONTINUED DURING STORMS

The harbormaster may direct the discontinuance of loading or unloading at any public or private port facility designated as an oil dock during electrical storms, high winds, or at any time during inclement weather and such directions shall be followed.

2.31 OPERATION OF WINCHES PROHIBITED WHILE VESSELS ARE LOADING OR UNLOADING FLAMMABLE MATERIALS

Vessel winches shall not be operated during the loading or unloading of flammable materials at any public or private port facility designated as an oil dock unless winches are of the type designed to handle safely lines or hoses necessary to load or unload flammable materials.

2.32 PRECAUTIONS TO PREVENT POLLUTION OF HARBOR WATERWAYS

Every possible precaution shall be taken to prevent pollution of the waterways during the loading or unloading of vessels at any public or private port facility.  At port facilities designated as oil docks,  hoses shall be drained an plugged after use and pipelines on the dock and vessel pipes shall be flanged when not in use.

The vessel personnel and/or dockman shall notify the harbormaster immediately of any pollution either on the dock or vessel.

2.33 RESPONSIBILITY FOR RAISING SUNKEN VESSELS

All vessels entering the waterways are expected to be seaworthy and not in danger of sinking.   It is the responsibility of vessel owners and/or charterers and their agents to see that the vessel captain and crew abide by all rules and regulations promulgated by the U. S. Coast Guard and take every safety precaution possible to prevent the vessel's sinking.  However, if for any reason a vessel sinks while in the waterways, it shall be the responsibility of the owner and/or charterer to raise and remove the vessel from the waterways without delay.  In the event of failure to raise a vessel in the waterways, the Port Commission may raise the vessel and store same at the sole expense of the vessel or her owner.

2.34 RESPONSIBILITY TO COMPLY WITH ALL RULES AND REGULATIONS

All vessels entering the waterways must comply with all laws, ordinances or other rules and regulations be they federal, state or local.

3.1 PAYMENT OF CHARGES AND RESPONSIBILITY THEREFOR; EXTENSIONS OF CREDIT AND LIENS

Wharfage, wharf demurrage loading and unloading are due from the owner, shipper, or consignee of the cargo and shall be collected for and on behalf of the Port Commission by the vessel discharging or loading the cargo, or for which the cargo was received, through the vessel's owner, agent or other person duly authorized, and such vessel and its owner and agent, jointly and severally, shall guarantee and be liable for the payment of such charges to the Port Commission whether or not collected by such vessel or its owner or agent.  The use of the wharf or other terminal facility by the vessel or its owner or agent shall constitute acceptance and acknowledgment of this agency, guaranty and liability.

All bills rendered by the Port Commission for wharfage, dockage, wharf demurrage, shed and/or wharf use hire, charges for providing water and electricity, charges for equipment rental, charges for cleaning wharves and sheds, charges for terminal storage, special services, other services and claims or for any causes whatsoever, are due and payable in cash upon presentation, unless arrangements for extension of credit are made.  When credit arrangements have been made, any agents, owners, persons, firms or corporations receiving bills and failing to make full payment after presentation within the time permitted under the credit arrangements may be placed upon a cash basis.

The Port Commission reserves the right to estimate and collect in advance all charges which may accrue against vessels, their owners and agents, or against cargo loaded or discharged by such vessels, or from other users of the facilities of the Port Commission, whose credit has not been properly established with the Port Commission. Use of such facilities may be denied until such advance payments or deposits are made.

The Port Commission, at its option and subject to termination at its election, may at any time and from time to time extend credit to any user or other person conducting business with the Port Commission under the provisions of this tariff or amendments or reissues thereof by such user or other person establishing and maintaining  financial  responsibility  acceptable to  the  Port Commission.

Presentation of bills to owners and agents of vessels or to stevedores is executed as a matter of accommodation and convenience and shall not constitute a waiver of the liens for charges furnished a vessel for which the maritime law gives the lien.

3.2 APPLICATION AND INTERPRETATION OF TARIFF

Rates, rules and regulations contained in this tariff shall apply equally to all users of the waterways and facilities and shall apply on all traffic on the waterways and facilities on the effective date shown on this tariff or amendments thereto.

The use of the waterways and facilities under jurisdiction of the Port Commission shall constitute a consent to the terms and conditions of this tariff, and evidence an agreement on the part of all vessels, their owners and agents, and other users of such waterways and facilities, to pay all charges specified and to be governed by all rules and regulations herein contained.

3.3 CARGO STATEMENT, WHARFAGE TRANSACTION FORM SHIP'S MANIFEST AND ACCESS TO RECORDS REQUIRED

All vessels, their owners and/or agents, private companies, and all others using public or private port facilities shall file with the Port Commission a wharfage transaction form accompanied by a manifest,  which must be amended to include all changes and supplements thereto covering all cargo loaded or unloaded.  Such wharfage transactions shall be reported on a processed wharfage transaction for provided by the Port Commission.

The wharfage transaction form on inbound cargo must be filed not later than ten (10) days after arrival of the vessel.

The wharfage transaction for on outbound cargo must be filed not later than ten (10) days after the vessel sailing.

All users of private and public port facilities as listed above shall be required to permit access to manifests of cargo, receiving reports and all other documents necessary for the purpose of audit for ascertaining the correctness of reports filed or securing necessary data to permit estimate of charges.

3.4 WHARFAGE CHARGES ON CARGO NOT SHIPPED BY WATER

Cargo placed on a wharf shall be considered to have earned wharfage when placed on the wharf and wharfage will be collected on it whether or not it eventually is loaded on a vessel.

3.5 ASSIGNMENT OF BERTH AND CONDITIONS OF ASSIGNMENT

A. Vessel owners or their agents desiring a berth for vessels of any kind at any Port Commission facility, shall as far in advance as possible of the date of docking, make application in writing for same to the harbormaster on a  form prescribed by the Port Commission specifying the date of docking, sailing and the nature and quantity of cargo to be handled.

B. Assignment of berth to vessels will be on a first come, first serve basis. The harbormaster shall be responsible for maintaining a record of arrival time for all vessels. Arrival time for vessels will be at the time of arrival at the  bulkhead.

C. In order to expedite the handling of vessels and avoid congestion when there are more vessels assigned to specific berths than can be accommodated at one time, vessels already in berth may be ordered by the harbormaster to work continuous overtime at their own expense.  A vessel refusing to work overtime may be ordered to vacate its berth.  Failure of a vessel to vacate its berth when so ordered shall subject the vessel owners or their agents to the payment of an additional dockage charge at the rate of SIX HUNDRED DOLLARS  ($600.00)  per vessel per hour or fraction thereof. Assessment of this additional dockage charge shall not affect the right of the Port Commission to effect removal of such vessel at cost, risk and expense of vessel owners or their agents. When such vessel refuses to vacate its berth when ordered to do so under the provisions of this item, its owners or agents, individually and collectively, shall be bound to indemnify and hold harmless the Port Commission against all claims by incoming vessels assigned to the same berth, which are delayed by the failure of the vessel to vacate.

D. Any waterway barge or barges assigned and occupying a berth for loading or unloading will have the right to finish loading or unloading.   However,  if ordered by the harbormaster to work overtime and to vacate the berth when loading or unloading is finished, such barge or barges will be subject to the provisions of paragraph C of this item.

E. The harbormaster shall make the final decisions enforcing all provisions of the above rules.

3.6 FREE TIME AND PENALTY

All users of the public wharves shall be subject to the free time provisions and penalty charges as set forth in this item.

FREE TIME: A three (3) day period during which cargo may occupy space assigned to it on the Port Commission wharves or other property free of wharf demurrage, penalty or storage charges immediately prior to the loading or subsequent to the discharge of such cargo on or off a vessel. All Saturdays, Sundays and holidays are included in computing free time.  Free time does not apply on shipments not loaded on or landed from a vessel.

PENALTY: Penalty is a charge assessed against shipments which remain on the Port Commission wharves or other property after the expiration of free time.  All Saturdays, Sundays and holidays are included in computing penalty charges.

Dockage charges apply on vessels moored to any property of the Port Commission or for mooring to vessels so berthed.

UNLESS OTHERWISE PROVIDED, DOCKAGE RATES AND MINIMUM CHARGES APPLY PER 24 HOUR PERIOD OR FRACTIONAL PART THEREOF.
 

4.1 GENERAL CARGO, DRY BULK COMMODITIES, AND OTHER COMMODITIES NOT COVERED BY PARTS TWO AND THREE OF THIS ITEM

Dockage charges published in this item apply on self-propelled vessels and non self-propelled vessels (barges), handling general cargo, dry bulk or liquid commodities, or other commodities not covered by Parts Two and Three, or self-propelled vessels calling for bunkers only.

A. 0.45 cents per ton on product moved across the dock or via pipeline

B. 0.03 cents per sack on oysters.

C. 0.45 cents per ton on all other seafood.
 

4.2 PENALTY CHARGES

A fifty dollar ($50.00) per day charge shall be assessed all vessels remaining moored to any property of the Port Commission beginning on the fourth day of the mooring of the vessel at the Port Commission facilities. (See Section 3.6 herein regarding Free Time)