HUMBOLDT BAY HARBOR IMPROVEMENT SURCHARGE ORDINANCE
HUMBOLDT BAY HARBOR,
RECREATION, AND CONSERVATION DISTRICT
THE BOARD OF COMMISSIONERS OF THE HUMBOLDT BAY HARBOR, RECREATION, AND CONSERVATION DISTRICT DO HEREBY ORDAIN AS FOLLOWS:
ORDINANCE NO. 15
ENACTING GENERAL TARIFF NO. 1, ESTABLISHING RULES, REGULATIONS, CHARGES, AND FEES, INCLUDING HARBOR FEES ON VESSELS AND CARGO IN CONNECTION WITH THE HUMBOLDT HARBOR AND BAY 38 FOOT, DEEP DRAFT NAVIGATION IMPROVEMENT PROJECT WITHIN THE JURISDICTION OF THE HUMBOLDT BAY HARBOR, RECREATION, AND CONSERVATION DISTRICT
Section I.
Findings and Declarations
The Board of Commissioners (the "Board") of the Humboldt Bay Harbor, Recreation, and Conservation District (the "District") finds and declares:
(a) Acting as Trustee of the public trust, and under the police power enabling authority delegated to the District by the State of California in Appendix II of the Harbors and Navigation Code, the purpose of this Ordinance No. 15 enacting General Tariff No. 1, establishing rules, regulations, charges, and fees, including harbor improvement surcharges on vessels and cargo in connection with the Humboldt Harbor and Bay 38 Foot Deep Draft Navigation Improvement Project (the "Project") within the jurisdiction of the Humboldt Bay Harbor, Recreation, and Conservation District (the "Ordinance"), is:
(1) to ensure the safety of individuals, vessels, and public and private property, in and around the waters of Humboldt Bay and Bar; and
(2) to protect those waters, the natural resources therein, and surrounding ecosystems from economic and environmental damage resulting from inter alia vessel collisions and groundings by promoting safe navigation and maritime commerce and providing competent, efficient, and regulated conditions for the anchoring, mooring, docking and safe movement of vessels.
(b) Under section 4 of Chapter 1 of Appendix II of the Harbors and Navigation Code the District, as a specialized agency and a political subdivision of the State of California, the District is granted police power authority to regulate the tidelands and lands lying under the inland navigable waters of Humboldt Bay for the promotion of commerce, navigation, fisheries and recreation thereon, and for the development and protection of the natural resources of the area, and under section 34 of Article 2 of Chapter 3 of Appendix II of that title, the Board may do all other acts necessary and convenient for the exercise of its powers, including in combination the regulation of navigation on behalf of the State of California subject only to Federal preemption to the line of demarcation between the inland and international rules of the road at the outermost navigational aids, and extraterritorially to include the Humboldt Bar and those areas within the territorial sea where vessels take on pilots to perform pilotage services.
Public access to safe, efficient marine transportation, and an economically healthy maritime industry is essential to the continued economic well-being and future development of the Humboldt Bay Region.
(d) It is essential that the navigable waters of Humboldt Bay remain open to public navigation as a vital foreign and coastwise transportation route for domestic and foreign vessels.
(e) Section 101 of the Water Resources Development Act of 1996, Public Law 104-695 enacted on October 13, 1996, Congress authorized construction of the Humboldt Harbor and Bay 38 foot navigation improvement project (the "Project") with a total Project cost of $15,180,000, First Federal Cost of $10,000,000 and required local contribution to the general navigation features of the Project of $5,180,000.
(f) The Board of Commissioners expressly find that the public interest and convenience, and health, safety, and welfare require the provision of improvements to the existing projects for navigation at Humboldt Bay substantially in accordance with the Congressional authorization and the Basis for Design (February 1996) prepared by the San Francisco District Engineer for the U. S. Army Corps of Engineers (the "District Engineer").
(g) Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended, and Section 101 of the Water Resources Development Act of 1986 ("WRDA 1986"), Public Law 99-662 (codified as amended at 42 U.S.C.1962d-5b), provide, inter alia, that the Secretary of the Army shall not commence construction of any water resources project, or separable element thereof, until each non-Federal sponsor (the "Local Sponsor") has entered into a written agreement to furnish its required cooperation for the project or separable element (the "Project Cooperation Agreement" or "PCA").
(h) Section 208 of WRDA 1986 (33 U.S.C. 2236) grants the consent of Congress to the levy of port or harbor dues upon vessels and cargo, and for emergency response services in the port, in conjunction with a harbor navigation project whose construction or a usable increment thereof is complete subject to the transmittal of a Notice of Intent and draft fee schedule concurrently to the District Engineer and the Assistant Secretary of the Army for Civil Works, publication in the Federal Register, the conduct of a public hearing, solicitation of public comment, and transmittal of the final fee schedule concurrently to the District Engineer, the Assistant Secretary of the Army for Civil Works, and the Federal Maritime Commission.
(i) The District intends to serve as Non-Federal Sponsor and provide those items of local cooperation necessary for the Project, and to enter into formal written agreements with the United States Government (the "Government") under Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended.
(j) The District intends to discharge those responsibilities insofar as providing at least 30 percent of the required local contribution to the cost of construction of the general navigation features of the Project through the enactment of Ordinance No. 15 within the jurisdiction of the Humboldt Bay Harbor, Recreation, and Conservation District.
Section II
General Tariff No. 1
Naming rates, charges, rules and regulations for port services
performed at the Humboldt Bay Harbor, Recreation, and Conservation District,
Eureka, California
This document is a memorandum. It portrays the rules, regulations, charges and rates of the official tariff filed electronically effective June 3, 1999 in the Federal Maritime Commission's Automated Tariff Filing and Information System. (Organization #015661, Tariff No. 1)
The only effective tariff is Humboldt Bay Harbor, Recreation, and Conservation District Tariff No. 1 that is electronically filed with the FMC ATFI system. In case of any difference in language or rate, Tariff No. 1, the tariff on file with the FMS ATFI system governs and takes precedence.
ISSUED: August 28, 1997 EFFECTIVE: September 28, 1997
GENERAL TARIFF NO. 1
TABLE OF CONTENTS
STANDARD TERMS AND CONDITIONS TARIFF SECTION I
District Boundaries and Jurisdiction
Usage, user defined
Liability for fees
Consent to terms of tariff
Application and interpretation of tariff
Harbor improvement surcharge
Payment of surcharge
Access to documentation
Security for payment of surcharge
Late charges
Records and accounts
Collection and enforcement
Liability, indemnity
HARBOR RULES AND REGULATIONS TARIFF SECTION 2
Reserved
PILOTAGE AND TOWAGE REGULATION TARIFF SECTION 3
Reserved
HARBOR POLICE, FIRE PROTECTION,
OIL SPILL RESPONSE, SANITARY
AND OTHER SERVICES TARIFF SECTION 4
Reserved
PERMITS AND FACILITIES RULES,
REGULATIONS AND RATES- TARIFF SECTION 5
Reserved
MISCELLANEOUS SERVICES,
RATES AND CONDITIONS TARIFF SECTION 6
Harbor improvement surcharge
GENERAL TARIFF NO. 1
TARIFF SECTION NO. 1
STANDARD TERMS AND CONDITIONS
1 District Boundaries and Jurisdiction
The Harbor District regulates all waterways, and ungranted tidelands and submerged lands within Humboldt Bay, pilotage and towage, and acts as Local Sponsor for Federal navigation projects within the District.
The District regulates and controls the construction of wharves, docks, and improvements of all types contemplated on the waterways of the District, and the construction, maintenance and operation, or use of all wharves, warehouses, structures, improvements, or appliances, used in connection with, or for the accommodation or promotion of transportation or navigation on any improvement project of the Federal Government entering the District and on other navigable waterways, improved or unimproved, which lie within the District, and enforces police and sanitary regulations in connection therewith. (Harbors and Navigation Code, State of California)
This tariff is issued under the exclusive jurisdiction of Section 208 of the Water Resources Development Act of 1986 (33 U.S.C. 2236) and the District hereby consents to the exclusive exercise of that jurisdiction as to those portions of the tariff implementation of a harbor improvement surcharge under that section.
2 Usage, user defined
All persons, firms, corporations, or others desiring to use any of the premises and/or facilities of the Humboldt Bay Harbor, Recreation, and Conservation District, including the Humboldt Harbor and Bay 38 Foot Deep Draft Navigation Improvement Project (the "Project"), shall obtain permission from the Chief Executive Officer.
No person, firm, corporation, or entity may use the facilities or services of the District without written permission of the District, and payment of fees, or a usage agreement with the District.
On application, and subject to availability of, and prior arrangement made, the Humboldt Bay Harbor, Recreation, and Conservation District at its option and convenience may grant the use of its premises, and such other facilities of the District, as it may designate to individual firms, corporations, and others, hereinafter referred to individually and collectively as "user" or "users", for those operations or use of the premises or facilities as it may designate.
The term "user" includes the master, owner, or operator of a vessel, or the shipper, consignor, consignee, terminal operator, rail, truck, or barge carrier having title to, or custody of cargo loaded or unloaded from a vessel entering or departing the District, or the assignee, or successor in interest of any user.
For the issuance of that permission the District will assess the users a harbor improvement surcharge.
Any charges herein or hereafter otherwise provided in the tariff for wharfage, dockage, service and facilities, or for any other services or purposes assessed by the District, are in addition to the harbor improvement surcharge.
The District and users may enter into a usage agreement with carriers, shippers, or other parties. Permission to use District premises and facilities may be revoked for violation of this tariff.
All users of the premises or facilities granted the use of the District are subject to all the terms and conditions of this tariff, and shall pay usage of the District at rates determined under Item 14.
The District reserves the right to amend or replace this tariff at any time. Users should inquire that the tariff on which they rely is the one currently in effect.
3 Liability for fees
Any person, firm, corporation, or any entity requesting the use of facilities or services from the District, or reflected in the vessel documentation, as the owner, operator, or agent, are jointly or severally liable in personam, and any such vessel is liable in rem, for harbor improvement surcharges on vessels entering the District. The shipper, consignor, consignee, or terminal operator, having title to, or custody of, cargo loaded on board or discharged from a vessel within the District, are jointly and severally liable in personam, and any such cargo is liable in rem, for fees on cargo loaded on board or discharged from a vessel at a wharf, dock or terminal facility within the District.
4 Consent to terms of tariff
Use of the navigable waterways of the District, or improved or of tariff unimproved navigable waters, or premises or facilities of the District, by vessels or cargo, or for construction or operation of wharves, docks, or improvements of all types used in connection with, or for the accommodation or promotion of transportation or navigation, or the premises or facilities of the District constitutes implied consent to all of the terms and conditions of this tariff, and evidences an agreement on the part of any users of the premises or facilities of the District to pay all charges specified in this tariff and be governed by all rules, regulations, terms, conditions, and legal actions shown in this tariff.
Conditions for conducting any operation within the District, or use of the premises, facilities, or services of the District, are subject to specific authorization of the Chief Executive Officer, and may include provisions to protect public safety, security, environment, and health. Any person, corporation, firm or entity conducting any operation within the District, or use of the premises, facilities, or services of the District shall fully comply with applicable provisions of Federal, State, or municipal law, and ordinances adopted by the District.
The District reserves the right, without responsibility for demurrage other charges, loss, or damage of any kind whatsoever, to deny the use of its facilities or services to any vessel or shipper.
5. Application and interpretation of tariff
Rates, rules, terms, conditions, and regulations, contained in this tariff apply equally to all users, vessels and cargo subject to this tariff on the effective date shown in this tariff and as amended.
This tariff is published and filed as required by law and is, therefore, notice that the rates, charges, rules, and regulations, and definitions apply to all users, vessels, and cargo, without specific notice, quotation, or arrangement.
The tariff is effective on or after the date as shown on each page.
Revised pages will be issued to cover changes in this tariff, however all rates and regulations in this tariff are subject to change without notice except as may be required by law. The Chief Executive Officer is the sole judge as to the interpretation of this tariff. Any decision of the Chief Executive Officer is binding upon all users and is final.
Any usage agreement, and the use of any facilities or premises, if any, described in any usage agreement between a user and the District are at all times subject to all provisions and conditions of this tariff.
The rates, rules, terms, conditions, and regulations named in this tariff apply independently of the provisions of any bill of lading, charter party, agreement, or contract of affreightment.
Requests or complaints should be directed to the Chief Executive Officer, Humboldt Bay Harbor, Recreation, and Conservation District, P.O. Box 1030 Eureka, CA 95502-1030.
6 Harbor Improvement Surcharge
Except as otherwise exempted herein, all users of waters, premises or facilities of the District as described in items 1-3 shall pay harbor improvement surcharges as provided in this tariff to assist in defraying the cost of the required local contribution to Project construction cost under Section 208 of the Water Resources Development Act of 1986 (33 U.S.C. 2236), and the expense of providing emergency response services provided by the District or under mutual aid or mutual assistance agreements, administration, maintenance, promotion, and regulation, of the District, including the supervision of shipping and the District, policing the harbor, and the District's facilities.
For purposes of the levy of harbor improvement surcharges, the Project is considered divisible into two usable increments or reaches corresponding to 1) the Bar and Entrance Channel, and 2) the North Bay and Samoa Channels. Upon completion of construction of the Bar and Entrance Channel, any person, vessel or cargo liable under Item 3 of this tariff, upon that vessel using any portion of the channel, is liable for the fee imposed under Item 14 of this tariff for use of that channel. Upon completion of construction of the North Bay and Samoa Channels, any person, vessel or cargo liable under Item 3, upon that vessel using any portion of the channels, is liable for the fee imposed under Item 14 of this tariff for use of those channels.
Harbor improvement surcharges shall be paid by the operator of the vessel in addition to dockage, and collected by the wharf, dock or facility operator, or the vessel's agent, prior to departure and by the owner of cargo loaded or unloaded at a wharf, dock or facility collected by the operator of that wharf, dock, or facility in addition to wharfage or other charges prior to release of the cargo to the consignee.
Vessels, wharves, docks, and facilities owned and operated by the Federal Government, a foreign country, a State, or a political subdivision of a country or State, unless engaged in commercial services, towing vessels, vessels engaged in dredging activities and vessels engaged in intraport movements are exempt from the vessel portion of the harbor improvement surcharge described in Section 6. In addition vessels with design drafts of 20 feet or less are exempt from harbor improvement surcharges.
7 Payment of surcharge
Harbor improvement surcharges are due when accrued by the user and payable in cash in U.S. currency to the Chief Executive Officer of the District, or his authorized representative, unless the user has established creditworthiness to the District before using District facilities or services, or has posted adequate security for estimated fees acceptable to the District in advance. Fees that have not been paid within thirty (30) days of the date of assessment are subject to a finance charge of one and one half per cent (1-1/2%) per month. The District reserves the right to estimate and collect in advance all charges which may accrue against vessels, their owners or agents, or against cargo loaded or discharged by a vessel, whose credit has not been properly established or who has become delinquent.
Any pending or alleged claims against the District are not allowed as an offset against outstanding invoices or accrued fees until those claims have been legally established by a court of competent jurisdiction.
8 Access to documentation
The master of an arriving vessel, or the vessel's agent shall deliver to the Chief Executive Officer, or authorized representative, prior to loading or unloading cargo at a wharf, dock or facility within the District, and in no event later than forty-eight hours after the vessel's arrival, a tonnage certificate and a cargo manifest for the vessel, showing names of shippers, or consignees, and the weights and measurements of any and all cargo loaded or discharged at a wharf, dock, or terminal within the District, or if in ballast a declaration to that effect in order that the proper usage fee may be assessed against the vessel. The master shall also provide the vessel's booking list, showing how much space or weight has been allocated to each shipper for each commodity prior to delivery of any inbound cargo to a wharf, dock, or terminal facility.
The master of a departing vessel, or the vessel's agent, shall also deliver to the Chief Executive Officer, prior to departure, the vessels' load lines certificate, and evidence certifying the vessel's sailing draft after loading and prior to departure.
The shipper, consignor, or terminal operator having title, or custody of, any cargo subject to surcharges shall deliver to the Chief Executive Officer appropriate documentation in the form of bills of lading, freight bills, export declarations, cargo lineups or lists specifying the supplier, marks, estimated volume or weight of each commodity for each vessel and discharge port before the delivery of any outbound cargo to be loaded or discharged in the District.
Failure to supply the necessary documentation makes the vessel owner, operator, or agent, or the shipper, consignor, or terminal operator liable for any damages, including actual attorneys fees, costs, and expenses, that the District sustains as a result of not receiving the required documentation. The Chief Executive Officer may assess a civil penalty not to exceed $500 per day per instance against any vessel owner, operator, or agent, or shipper, consignor, or terminal operator for willful failure to provide the necessary documentation required under the tariff.
9 Security for payment of fees
Under 33 U.S.C. 2236 (f) user charges levied under this tariff are secured by maritime lien against the vessel or cargo which may be enforced in personam against a responsible party, or in rem against the vessel or cargo subject to levy in United States District Court.
Under 33 U.S.C.2236(e) non-payment of user charges may result in the Secretary of the Treasury denying clearance to a vessel under 46 App.U.S.C. 91, assessing a civil penalty against a responsible person, vessel, or cargo, or seizure or forfeiture of the vessel or cargo under 19 App. U.S.C. 1202 et seq.
10 Late charges
If any user fees due from users are not received by the District when due, users shall pay to the District, in addition to any interest otherwise payable under this tariff or the applicable usage agreement, an additional sum of five per cent (5%) of the overdue fees as a late charge.
11 Records and accounts
Users shall maintain locally a system of accounts and records satisfactory to the Chief Executive Officer, including copies of vessel tonnage certificates, cargo manifests, export declarations, and other documentation covering all vessel calls, and import and export cargo movement and transactions and operations conducted under the tariff or agreement, which shall be preserved during the life of the agreement and for three years thereafter, or for five years in the absence of an agreement. The accounts and records shall be open and available at all reasonable times for examination, audit, and transcription therefrom by District representatives.
12 Collection and enforcement
In the event of any legal proceeding to collect any charges or enforce any provision of this tariff from any person or against any vessel or cargo, the District may recover its expenses incurred in any such proceeding including actual attorneys fees, litigation expenses and costs (including any bond), including any appeal.
The District may sell, at public or private sale, vessels or cargo on which the owner fails or refuses to pay usage charges. The proceeds of sale are intended to satisfy those charges plus the costs and expenses of sale, including actual attorneys fees. Cargo of a perishable nature, or of a nature likely to damage other cargo or property may be sold at public or private sale without advertising.
13 Liability, indemnity
Every person, corporation, firm, or entity using the facilities, premises, or services of the District shall indemnify, and save and hold harmless the District, its Commissioners, officers, employees, agents, and consultants, from and against any all claims, damages, losses, and expenses, including the duty to defend and respond in damages, and including actual attorney's fees, costs, and expenses, for injury to, or death of any person, employee, passenger, agent, licensee, invitee, or for damage to any property, including loss of use thereof, arising out of, or in any manner connected with the person's, corporation's, firm's, or entity's actions, omissions, or failures, including the acts, omissions, or failures of their employees, agents, or any other person acting for them or on their behalf.
The District is not liable for any damage to, or loss, of freight, or vessel delay, or demurrage, in the use of the premises, facilities, or services of the District.
Nothing in this tariff is intended, nor may be construed to relieve any liability as to any person, corporation, firm, or entity using the facilities, premises, or services of the District, or concerning any third person not a user under this tariff, that may arise under CERCLA, or under any other provision of Federal or State law. In bearing any cost, conducting any investigation, or performing any cleanup and response as directed by the Government under the Project Cooperation Agreement ("PCA") to enable the construction, operation and maintenance of the Project under that Agreement, or the conduct of berth dredging under that Agreement and as required under the PCA, the District disclaims any liability under CERCLA, or under any other provision of Federal or State law, for the presence, release, threatened release, or response to release or threatened release, or for the generation, transportation, storage, or disposal of contaminated material, and reserves the right to recover the cost of any investigations, and any amounts expended for cleanup and response from potentially responsible parties.
TARIFF SECTION NO. 2
HARBOR RULES AND REGULATIONS
Reserved
PILOTAGE
THIS SECTION ESTABLISHES STANDARDS, POLICIES AND PRACTICES FOR PILOT COMPETENCY, QUALIFICATION, PROFESSIONAL GROWTH AND ENFORCEMENT
WHEREAS, in the United States, federal law defines two separate but interactive areas of pilotage regulation. The Coast Guard administers the pilotage aboard vessels in the coastwise, domestic trades and the states administer pilotage aboard vessels in foreign trade. In 1789, the First Federal Congress enacted section 4 of the Lighthouse Act, which provided:
“That all pilots in the bays, inlets, rivers, harbors and ports of the United States, shall continue to be regulated in conformity with the existing law of the states respectively wherein such pilots may be or with such laws as the states may respectively hereafter enact for such purpose, until further legislative provision shall be made by Congress” ; and
WHEREAS, the State of California, through the Harbors and Navigation Code, has delegated to the Humboldt Bay Harbor, Recreation and Conservation District (HBHRCD) authority to provide for and supervise pilots aboard vessels in foreign trade. The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act of 1990 created a comprehensive State oil spill prevention program for coastal and marine waters. The law expanded the authority, responsibilities and duties of the CA Department of Fish & Game under the direction of the Administrator for Oil Spill Response. Government Code Section 8670.6 provided authority to establish the Oil Spill Prevention and Response Office (OSPR) which is responsible for assisting the Administrator in performing the duties specified in the Act. Additionally, AB567 (Hauser) enacted in 1994, provided a mechanism for the HBHRCD to license bar pilots operating in Humboldt Bay; and
WHEREAS, a Memorandum of Agreement (MOA) subsequently emerged as a way to preserve the port’s legally delegated control over pilotage, while at the same time, ensuring that the concerns of the State and the Coast Guard were addressed. On February 26, 1997 the Governor of California, the Coast Guard Assistant Commandant for Marine Safety and Environmental Protection and the executive directors of the harbors of Humboldt Bay, Port Hueneme, Los Angeles, Long Beach and San Diego signed the Memorandum of Agreement concerning pilotage. The MOA requires a federal pilot license as a condition of employment. Because of the wording in federal statute (46 USC 8503), this strengthens Coast Guard authority to take action against an individual’s right to hold a license when piloting vessels in foreign trade. Accordingly, pilots in Humboldt Bay are subject to the jurisdiction of the Coast Guard suspension and revocation process when piloting vessels in coastwise or foreign trade. In addition, state pilot licenses for pilotage in Humboldt Bay are issued by HBHRCD; and
WHEREAS, in order to have a safe and efficient pilot organization, it is imperative to attract and hire the best people. Certain skills and experience are necessary to become a pilot and the proper attitude is required for the pilot to accept responsibility for maneuvering large vessels calmly and deliberately. A pilot must sometimes work under stressful conditions but must always exercise good judgment. Because of the pilot’s reliance on others in the Bridge Management Team, the Pilot must also be an excellent communicator and manager.
WHEREAS, the goal of the HBHRCD is to maintain an adequate number of trained Pilots in Humboldt Bay to ensure navigation safety and protect commerce and the environment.
NOW, THEREFORE, THE BOARD OF THE HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1.1 Short Title
This Ordinance shall be known as the “Humboldt Bay Pilotage Amendment to Ordinance 15”.
SECTION 1.2 Definitions
a. Humboldt Bay, California: All waters within the geographic boundary of Humboldt Bay up to an elevation of Mean Higher High Water, up Humboldt Bay tributaries to the extent of tidal influence and seaward to the westward extent of the Entrance Channel jetties.
b. Humboldt Bar Pilots Association: A partnership of individuals licensed to perform pilotage in Humboldt Bay. This partnership was formed in 1965 to unify Pilots and bring competition between Pilots to an end.
c. Pilot: A trained individual licensed by the federal government and the Humboldt Bay Harbor, Recreation and Conservation District to safely conduct a ship in and out of the waters of Humboldt Bay.
ARTICLE 2 DUTIES OF PILOTS ON HUMBOLDT BAY
a. Pilots on Humboldt Bay must possess a federal Pilot’s license and a HBHRCD Pilot’s license. All foreign vessels and U.S. flagged vessels not sailing under a coastwise endorsement issued by the U.S. Coast Guard, except vessels under 300 gross tons, navigating Humboldt Bay, are required to use a Pilot holding current licenses for Humboldt Bay.
b. Pilots in Humboldt Bay are required to be members of the Humboldt Bar Pilots Association (a partnership). Association members are self employed but are individually licensed by the Humboldt Bay Harbor, Recreation and Conservation District.
c. The Humboldt Bay Bar Pilots are required to be available with 24 hour notice prior to ship arrival.
d. Pilots are not required to be maintained on station.
e. Radio watch is to be maintained on VHF Channel 16 one hour prior to arrival at the sea buoy.
f. Vessels are to boarded approximately 1 mile westward of HB Sea Buoy.
g. Pilotage is coordinated by the local stevedoring company who act as local agents for the steamship companies.
h. There shall be two Pilots plus additional Pilots as conditions warrant .
i. Pilots shall work ships on a rotational basis.
j. While navigating waters of Humboldt Bay, vessels must maintain no less than 2’ of underkeel clearance based on most current information available.
a. Master-Pilot Conference
1. Each Pilotage assignment should begin with a conference between the Pilot and the Master.
2. The initial conference is an opportunity not only to exchange information that the Pilot and Master each needs, but also for the Pilot and the Master to establish an appropriate working relationship.
3. The conference should convey, and be consistent with, the principle that the Pilot and the Master/bridge crew each has an important role in the navigation of the vessel.
4. The amount and subject matter of the information to be exchanged in the initial conference should be determined by the specific navigation demands of the pilotage operation.
b. Pilot’s Information Card (“MPX Card”)
1. The Humboldt Bar Pilots Association will develop information cards (MPX Cards) for use by their members.
2. The Pilot should give the card to the Master at the time of the initial conference and use it as the basis for discussion during the conference.
3. The card should supplement, not substitute for, the Master/Pilot information exchange.
4. There should be a separate card for outbound and inbound movements and shifting operations when appropriate.
5. The card should include information or instructions specific to navigation in Humboldt Bay. Subjects to be addressed include:
- radio channels to be monitored;
- posting of anchor watch/lookout (beyond the requirements of the Rules of the Road; and
- local navigation requirements or restrictions (tug escorts, speed limits, one-way traffic areas, etc.).
6. The card should also include instructions or requests concerning what the Pilot needs from the Master and crew; subject that might be addressed include:
- information about the vessel, its characteristics and condition;
- crew to fix position of the vessel; and
- only English to be spoken on the bridge.
7. The card should have a blank space for the Pilot to add own items.
8. The Board of Commissioners of the HBHRCD shall approve the card.
c. Pilot’s Individual Exchange Practice
1. Each Pilot should develop a personal, standardized conference practice, taking into account regulatory requirements and best practices in pilotage.
2. Pilots should consider using memory aids to ensure that essential exchange items are covered.
d. Absent/Unwilling/Incapable Master
1. An effective exchange requires the participation of a Master who is present, is willing, and has sufficient skills, knowledge, and English language proficiency to provide the information needed by the Pilot and to understand the Pilot’s instructions and requests.
2. Pilots should be aware of regulatory requirements for Masters to provide specific information to the Pilot and to cooperate closely with the Pilot.
3. The Pilot should make all reasonable efforts to obtain the presence of the Master for purposes of conducting a conference.
4. If the Master or Bridge crew fails to provide the information needed by the Pilot or if an unsatisfactory exchange leads the Pilot to doubt the ability of the Master or bridge crew to perform the navigation duties normally expected during the vessel movement, the Pilot should use his or her best professional judgement to determine whether it is safe to proceed with the movement.
5. If a Pilot determines that a movement can safely proceed despite an unsatisfactory exchange, the Pilot should adjust his or her pilotage practices during the movement accordingly and should report or record the Master’s refusal to engage in an exchange or to provide required information.
6. If a Pilot determines that it is not safe to proceed with a vessel movement due to an unsatisfactory exchange, the Pilot should refuse to proceed, advise the Master/bridge crew on anchoring the vessel or taking other steps to secure the vessel’s safety, and notify appropriate authorities by the best means available.
e. Ship’s Pilot Card/Wheelhouse Poster
1. Pilots should be aware of regulations requiring vessels to have a pilot card and wheelhouse poster containing maneuvering data and other information concerning the ship.
2. If the Pilot, in the exercise of his or her best judgement, considers the information provided orally by the Master about the vessel and its characteristics unclear or insufficient, the Pilot should consult the Pilot card/wheelhouse poster to confirm or supplement information from the Master.
3. Pilots should be aware that information on a pilotcard/wheelhouse poster about a vessel’s handling and maneuvering characteristics may not be accurate when maneuvering in Humboldt Bay or local conditions that may be present during the pilotage operation. Such information may be based on “new vessel” conditions, which may be affected by factors such as bottom fouling, propeller/rudder damage or trim.
f. Ships Calling on a Frequent, Regular Basis
1. The information exchange should not be abandoned for vessels that call on a frequent, regular basis. Such vessels have the potential to induce complacency.
2. The exchange for such vessels can, and should, be adjusted with the focus on items, concerning both vessel and pilotage, that may have changed since the previous call or are otherwise pertinent to the particular pilotage operation.
g. Continuing Communication
1. The initial conference should not be the end of communication and information sharing.
2. The Pilot should convey during the initial conference: the need to communicate throughout the pilotage operation, the Pilot’s willingness to answer questions, and the Pilot’s continuing need for information.
h. Pilot Boarding Locations and Procedures
1. In places where the Pilot boarding location or procedures impose significant constraints on the time or attention that can be devoted to the initial Master-Pilot conference, the Humboldt Bar Pilots Association and the HBHRCD should review whether changing the boarding location and/or procedures would be feasible and would produce significant benefits that could not be obtained through improvements in the conference process.
2. Any proposed change in the Pilot boarding location or procedures should be measured against the traditional principle that Pilot boarding locations and procedures are determined by both the navigational needs of the ship and the personal safety of the Pilot.
i. Training in the Master-Pilot Information Exchange
1. The Master-Pilot information exchange should be an important focus of the initial and continuing training for Pilots, particularly Bridge Resource Management courses for Pilots.
2. Initial training in the Master-Pilot information exchange should cover:
- regulatory requirements
- recognition of language, cultural, psychological and physiological impediments to effective communication and interaction and techniques for overcoming those impediments; and
- best practices for Humboldt Bay.
3. Continuing training should review initial training items and examine recent accidents, new practices of other Pilots and studies dealing with the subject.
SECTION 3.1 Selection Process
a. The process used to select Pilot Trainee candidates follows general Harbor District hiring procedures, namely, advertisement, acceptance of applications, review of applications and reference checks, interview of the top five to seven candidates, follow-up interviews with the top three candidates and pilot trainee selection. The HBHRCD will conduct the interview and trainee selection process. Individuals enrolled and participating in the Humboldt Bar Pilots Association training program prior to April 22, 1999 are considered accepted into the HBHRCD pilot training program at an equivalent level of training. The experience points portion of the selection process places a greater emphasis on experience and a lesser emphasis on formal education and pilotage endorsements, although the value of those qualities is recognized. An applicant’s relationship to a current or former pilot will have no weight during the selection process. In addition, the HBHRCD reserves the right to reject any and all applicants.
SECTION 3.2 Initial Competency
To qualify as a pilot trainee applicant, an individual must:
a. Pass a pre-employment physical examination per USCG regulations including a drug screen.
b. Possess a high school diploma or equivalent.
c. Meet the following criteria:
1. Possess a copy of the current federal license with endorsement. The federal license shall be on file at HBHRCD office for all pilots working on Humboldt Bay. No Humboldt Bay Pilot License renewal shall be issued without the current federal license on file and;
2. Three years of full time paid experience as a USCG licensed Master or Chief Mate of an inspected vessel, of not less than 5,000 gross tons, on the waters of any ocean (a valid license must be submitted at the time of filing) or;
3. Three years of full time paid experience as a pilot whose duties include docking and undocking of oceangoing or coastwise vessels transiting the Pilot grounds in a major port of the United States or;
4. Three years of full time paid experience as a Master of a tugboat within the confines of Humboldt Bay with an unlimited radar endorsement, or;
5. Possession of a current, valid federal license as master of vessels of at least 1600 gross tons with a unlimited radar endorsement or;
6. Three years paid experience as a Docking Master on flat tow vessels, or;
1. Possession of a current, valid federal license as Master of vessels of any tonnage, any ocean with an unlimited radar endorsement or;
2. Be enrolled and participating in the Humboldt Bar Pilots Association training program prior to April 22, 1999.
SECTION 3.3 Experience Ranking
The following point system may be used to assist in the selection of pilot trainee candidates:
1. Tug Experience
· Any tug experience (minimum one year in command)
“Command” = Master or operator in charge of vessel 10 Pts.
· Offshore command experience (not less than 1600 tons
combined tug and tow) 5 Pts.
· 2 to 5 years command 5 Pts.
· Over 5 years command 5 Pts.
· Served as pilot on own vessels (not less than 1600 tons
combined tug and tow, minimum 100 moves) in pilotage
waters. (“Own vessels” means vessels for which applicant
was also the master or second in command.) 5 Pts.
Tug Experience - Maximum 30 Pts.
2. Deep Draft Experience
· Any self-propelled vessels in navigation of not less than
1600 gross tons (minimum one year in command or five
years equivalent as licensed officer of the watch) 10 Pts.
· In command of self-propelled vessels over 10,000 gross tons 5 Pts.
· 2 to 5 years command 5 Pts.
· Over 5 years command 5 Pts.
· Served as pilot on “own-vessels” (minimum 100 moves) on pilotage
waters. (“Own vessels” means vessels for which applicant
was also the master or second in command.) 5 Pts.
Deep Draft Experience - Maximum 30 Pts.
3. Piloting Experience
· Serving as commercial pilot, not a member of the crew,
directing and controlling the movement of vessels of not
less than 1600 gross tons (minimum 100 moves) on waters
in which a pilot is required by state, federal or foreign law 10 Pts.
· 2 to 5 years 10 Pts.
· Over 5 years 10 Pts.
Piloting Experience - Maximum 30 Pts.
4. Other
(a) Professional Training
· Maritime Academy Graduate
(If completed 2 years * - 1 Pt;
If completed 3 years * - 2 Pts.) Maximum 3 Pts.
* and provides documentation to establish that
applicant left in good standing
· Manned Model Simulator 2 Pts.
· Bridge Resource Management 1 Pt.
Maximum 6 Pts.
(b) Pilotage Endorsements
(On Coast Guard License)
· For 1 or more non-local routes (2 Pts.)
· For local route (Humboldt Bay) (3 Pts.*)
Maximum 4 Pts.
* If combined with points for non-local routes,
not more than 4 points total for Pilotage Endorsements.
Other - Maximum 10 Pts.
Experience Points - Total Possible: 100 Pts.
a. Each applicant must provide proof of his/her current satisfactory completion of the physical standards for a First Class Pilot’s License determined by the latest USCG Physical and Drug Testing Requirements.
b. Each applicant must be in good physical condition and have no problems climbing ladders or stairs; possess good night vision, depth perception and have no difficulty with hearing or speech.
c. Strength to perform average lifting up to 15 pounds and occasionally over 25 pounds; body agility and equilibrium involved in activities such as climbing and balancing under precarious conditions; arm, hand and finger dexterity with both hands involved in activities such as reaching, handling and feeling; good speaking and hearing ability; and good eyesight including good color perception, depth perception and night vision. Persons with medical limitations may, with reasonable accommodations, be capable of performing the duties of some of the positions in this class. Such determination must be made on an individual basis in light of the person’s limitations, the requirements of the position, and the appointing authority’s ability to effect reasonable accommodations to the limitations.
After acceptance as a Pilot Trainee, the applicant must undergo a training and apprenticeship program. The program is designed to familiarize the trainee with the workings of the Humboldt Bar Pilots Association, the interface between the Humboldt Bar Pilots Association and the other oversight agencies, and to demonstrate requisite skills and judgment. One other key goal of the apprenticeship program is to allow the trainee to acquire “local knowledge.”
The apprenticeship and training will consist of the following components:
a. The length of the program shall consist of a minimum of one (1) year and a maximum of three (3) years. If ship traffic falls below 45 in a one year period, the Program may be extended by the HBHRCD Board of Commissioners.
b. The Pilot training and apprenticeship program is divided into two stages. Stage 1 is termed an “Observing Apprentice”. Stage 2 is termed the “Apprentice Pilot”. The “Observing Apprentice” pilot shall complete at least twenty (20) round trips (40 ship movements) across the Humboldt Bay Entrance before advancing to “Apprentice Pilot” status. One round trip shall consist of the riding of one ship inbound and riding one ship outbound. Riding of the same ship inbound and outbound is not necessary.
1. Of these 40 ship movements, at least 10 will be made during times of darkness or restricted visibility.
2. Of the 40 ship movements, at least 15 will be made during the winter.
3. Of these 40 ship movements, at least 5 round trips shall be made through the Fields Landing Channel of South Bay.
4. Upon acceptance into the Pilot Training Program, the Pilot trainee will be issued an ‘Observing Apprentice Permit’.
5. Upon successful completion of the observing apprentice requirement, the Harbor District will issue the trainee an ‘Apprentice Pilot Permit’.
d. Apprentice pilots will be required to ride as observers aboard local vessel-assist tugs during at least ten days in the first six months of the training program.
e. A written evaluation shall be made after every ship movement involving an Apprentice Pilot by the HBHRCD licensed Pilot.
f. Simulator training and Bridge Resource Management (BRMP) training for Pilots will be required once during the training program.
g. A training file will be maintained by each apprentice pilot. The checklist will include, but not be limited to, the following items being verified as complete by the Humboldt Bar Pilots:
1. Minimum amount of trips to designated areas within the Port
2. Tugboat observer rides
3. Simulator training to include emergency ship handling
4. Undergo Emergency Ship handling, Simulator training and Bridge Resource Management training for Pilots at least once every five years
5. Anchoring procedures
6. Lesson learned/incident case review
7. Tug utilization during piloting
8. Local weather patterns
9. Tides and currents
10.Communications
11. Copy of Federal Pilot’s License
12. Proof of completion of radar observer unlimited
In addition, the HBHRCD will randomly survey vessel masters for their evaluation of each Apprentice Pilot’s ability.
Lengths of each apprenticeship are individually based on assessment of the apprentice’s performance. Full qualification is a gradual process, with the apprentice initially qualifying to perform more elementary tasks, then moving to increasingly complex and demanding assignments. Apprenticeships vary in length depending upon the apprentice’s previous experience, licenses and qualifications.
Upon completion of the training program outlined above, and the Apprentice Pilot has demonstrated that he/she possesses the necessary skills and knowledge to serve as a licensed pilot for Humboldt Bay, the Humboldt Bar Pilot Association shall notify the HBHRCD that the Apprentice Pilot has completed the training program and shall recommend to the HBHRCD that the Apprentice Pilot be issued a HBHRCD Pilot License for the waters of Humboldt Bay.
The Humboldt Bar Pilots Association may recommend to the HBHRCD, the dismissal of an Observing Apprentice or an Apprentice Pilot from the training program at any time during the Pilot’s first year in the program. The HBHRCD may dismiss an Observing Apprentice or an Apprentice Pilot from the program at any time if the HBHRCD determines that the Observing Apprentice or Apprentice Pilot is not making satisfactory progress in the program or that circumstances have changed such that there is no longer a need for an additional HBHRCD licensed Pilot.
If the HBHRCD dismisses a trainee from the program, the trainee’s Observing Apprentice Permit or Apprentice Pilot Permit will be immediately revoked.
SECTION 5.1 Professional Development
Safe piloting requires that each pilot continue to maintain and improve his or her skills. The Professional Development Program includes the following minimum standards for maintaining proficiency and professional growth. Each pilot will comply with the following in order to be eligible for annual HBHRCD Pilot License renewal:
a. Possess a current Federal Pilots License with an endorsement for radar observer unlimited.
b. Pass an annual physical examination as per USCG regulations and participate in a random drug screening program.
c. Undergo simulator training and Bridge Resource Management Training for Pilots at least once every five years.
d. Participate in incident case review and lessons learned sessions with other pilots at least twice each year.
e. Handle at least three ships supervised by a Humboldt Bar Pilot if the pilot has not been an active pilot for a twelve month period.
SECTION 6.1 Oversight
The term oversight includes the aggregate of policies which have been adopted to monitor pilot performance and provide feedback on the effectiveness of qualification and training programs, including legal and administrative procedures for the enforcement of pilotage standards. The responsibility for oversight has been delegated by the State to the HBHRCD through the Harbors and Navigation Code.
SECTION 6.2 Enforcement
As previously indicated, pilots licensed by the HBHRCD in the Port of Humboldt Bay are subject to the jurisdiction of the Coast Guard suspension and revocation process whether piloting vessels in coastwise or in foreign trade. When warranted through the apparent commission of a prohibited act or the failure to meet standards on the part of a Coast Guard-licensed individual, the Coast Guard will initiate an investigation to determine the right of an individual to continue to hold a federal pilot’s license. Further, when warranted through the apparent commission of a prohibited act, the HBHRCD Board retains it’s jurisdiction over incidents.
SECTION 6.3 Casualty Investigations
The Coast Guard will investigate to determine cause and proper follow-up action for reportable casualties (groundings, allisions, collisions and personal injury meeting certain thresholds). Follow-up could include no action, recommending operational measures, mechanical solutions or enforcement action against those operating the vessel including the suspension and revocation procedures described above. Drug and alcohol testing is included in a Coast Guard investigation. The Coast Guard will work with the Pilot Association to bring together all pertinent information. The Pilot Association will be requested to advise the Coast Guard on standard practice issues that may come up during the investigation. This process is designed to assist in making an informed decision regarding follow-up actions including disciplinary actions AND/OR lessons learned opportunities.
SECTION 6.4 Casualties Below Reportable Threshold
Groundings, allisions, collisions, or other casualties with no or negligible damage below reportable levels shall result in Humboldt Bar Pilots Association review with probable Coast Guard independent review. The Coast Guard goal will be to identify lessons learned and share these and other relevant information with the Humboldt Bar Pilots Association and vessel operators as appropriate.
SECTION 6.5 Near Miss/Lessons Learned/Situations/Incidents
The “lessons learned” program shall balance the need for near miss information against effects of bringing near miss information to the record. Voluntary programs are historically ineffective for a number of reasons, including concern for maintaining a safe and effective Master-pilot relationship and natural hesitance to volunteer close-call information concerning one’s own performance. In recent years the more significant near misses have been dealt with by the Coast Guard in a number of ways including:
· Letters of Concern to vessel management about bridge team performance issues.
· Letters of Warning to Master or vessel management; pilot or pilot management.
· Distribution of an incident report and lessons learned with no personnel action.
· Development or revising of Operational Procedures.
· Pilot management internal actions (procedures, training, etc).
a. Each Humboldt Bay Pilot will:
6. Report to the Chief Executive Officer of the HBHRCD on US Coast Guard Form 2692, the facts surrounding a reportable casualty (groundings, allisions, collisions, and personal injury, meeting certain thresholds) within the Coast Guard’s reporting timeframe.
7. Report to the HBHRCD other reviews of the casualty or incident, which were undertaken and what action will be taken to prevent similar casualties or incidents.
The preceding Section No. 3 was adopted as Amendment No. 3 to Ordinance 15 on April 13, 2000.
TARIFF SECTION NO.4
HARBOR POLICE, FIRE PROTECTION, OIL SPILL RESPONSE, SANITARY AND OTHER SERVICES
Reserved
TARIFF SECTION NO. 5
PERMITS AND FACILITIES RULES, REGULATIONS AND RATES
Reserved
TARIFF SECTION NO. 6
MISCELLANEOUS SERVICES RATES AND CONDITIONS
14.Harbor Improvement Surcharge
a. Vessels - five dollars ($5.00) per foot of draft based fees upon reported sailing draft at time of departure for any vessel using any portion of the Bar and Entrance Channel, and an additional five dollars ($5.00) per foot of draft based upon reported sailing draft for any vessel using any portion of the North Bay and Samoa Channels.
b. Cargo - seven and one-half cents ($0.075) per short ton or eight and two hundred sixty five thousandths cents ($0.08265) per metric ton for any cargo on board a vessel using any portion of the Bar and Entrance Channel, and an additional seven and one-half cents ($0.075) per short ton or eight and two hundred sixty five thousandths cents ($0.08265) per metric ton for any cargo on board a vessel using any portion of the North Bay and Samoa Channels.
Section III.
Severability
If any part of this Ordinance is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Ordinance is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid application.
Section IV.
Special procedures prior to adoption of ordinance
The Chief Executive Officer shall publish the full text of the proposed Ordinance, and transmit a Notice of Intent and draft harbor improvement surcharge schedule concurrently to the District Engineer along with the approved Draft Project Cooperation Agreement and Financial Plan, and to the Assistant Secretary of the Army for Civil Works for publication in the Federal Register, sets August 14, 1997 as the date for the public hearing on this Ordinance and proposed harbor improvement surcharge, and upon completion of the public hearing directs the transmittal of the final fee schedule concurrently to the District Engineer, the Assistant Secretary of the Army for Civil Works, and to the Federal Maritime Commission in the form of the adopted General Tariff No. 1 through electronic tariff filing.
Section V.
Scheduling of public hearing on proposed harbor improvement surcharge
Under 33 U.S.C. 2236(a)(5) a public hearing on the proposed harbor improvement surcharge is scheduled for Thursday, August 14, 1997 commencing at 7:00 p.m. in the conference room of the Humboldt Bay Harbor, Recreation, and Conservation District, Woodley Island Marina, Eureka, CA 95502-1030
Section VI.
Designation of official and setting deadline for receipt of comments concerning proposed harbor improvement surcharge
Under 33 U.S.C. 2236(a)(6) public comments concerning the proposed harbor improvement surcharge should be directed in writing to the Chief Executive Officer, Humboldt Bay Harbor, Recreation, and Conservation District, P.O. Box 1030 Eureka, CA 95502-1030. Tel. (707) 443-0801. The public comment period will close upon the close of business at 4:00 p.m., August 28, 1997. Written comments must be received by the District on or before that date in order to be considered by the Commission prior to taking final action on the proposed harbor improvement surcharge.
Section VII.
Effective date
This Ordinance is effective thirty days following final adoption by the Board of Commissioners.
Section VIII.
Humboldt Bay Harbor, Recreation and Conservation District Tariff Advisory Committee
(a) There is established a Humboldt Bay Harbor, Recreation and Conservation District Tariff Advisory Committee.
(b) The Members of the Committee shall consist of seven members appointed by the President of the Board of Commissioners of the Humboldt Bay Harbor, Recreation and Conservation District from among residents of the District with demonstrated expertise in international trade, shipping, commerce and maritime affairs. The President shall likewise appoint two commissioners to serve as ex officio members of the Advisory Committee. The members of the Committee may elect the Committee Chairperson. Each member shall serve on the committee for a term of two years subject to reappointment by the Board President. Initial appointments would be as follows: Three (3) appointments for 1-year terms and four (4) appointments for 2-year terms, thereby staggering the length of the appointments. No member may serve on the committee for more than two consecutive terms.
(c) The Committee shall advise, and make recommendations to, the President and Board of Commissioners concerning any matter referred to the Committee by the Board within the jurisdiction of the Harbor District tariff adopted by the Commission by Ordinance, including harbor improvement surcharge and tariff rate setting but excluding review of lease agreements or other agreements subject to approval by the Board, modification to accommodate future navigation projects, amendment or termination after payment in full of all outstanding indebtedness, and release of all encumbrances, associated with harbor improvements for which receipts from fee assessment and collection are used to pay debt service or otherwise used to satisfy those financial obligations.
(d) The Committee shall adopt rules of procedure, and maintain books and records, consistent with Commission rules and shall file no later than March 31st of each year an annual report of the Committee's activities for submission to the Board.
(e) Members of the Committee serve without compensation.
THIS ORDINANCE PASSED AND ADOPTED THIS 28 TH DAY OF AUGUST 1997, BY THE BOARD OF COMMISSIONERS OF THE HUMBOLDT BAY HARBOR, RECREATION, AND CONSERVATION DISTRICT BY THE FOLLOWING POLLED VOTE:
AYES: COMMISSIONER SMITH, COMMISSIONER CURLESS, COMMISSIONER FRITZSCHE, COMMISSIONER HUNTER
NOES:
ABSENT: COMMISSIONER OLLIVIER
Dennis G. Hunter, President
Board of Commissioners
ATTEST:
Ronald Fritzsche, Secretary
Board of Commissioners
CERTIFICATE OF SECRETARY
The, undersigned, duly qualified and acting Secretary of the Humboldt Bay Harbor, Recreation, and Conservation District, does hereby certify: That the attached Ordinance is a true and correct copy of Ordinance No. 15, entitled: Ordinance No. 15 enacting General Tariff No. 1, establishing rules, regulations, charges, and fees, including harbor improvement surcharges on vessels and cargo in connection with the Humboldt Harbor and Bay 38 Foot Deep Draft Navigation Improvement Project ( the "Project") within the jurisdiction of the Humboldt Bay Harbor, Recreation, and Conservation District (the "Ordinance") adopted at a legally convened meeting of the Board of Commissioners of the Humboldt Bay Harbor, Recreation, and Conservation District, duly held on the 28th day of August, 1997; and further that such Resolution has, been fully recorded in the Journal of Proceedings in my office and is in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this 28 TH day of August, 1997.
Ronald Fritzsche, Secretary
Board of Commissioners
HUMBOLDT BAY HARBOR, RECREATION
AND CONSERVATION DISTRICT
AMENDMENT NO. 5 TO ORDINANCE 15
THE BOARD OF COMMISSIONERS OF THE HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT DOES HEREBY AMEND ORDINANCE 15, SECTION 3 – PILOTAGE, AS FOLLOWS:
Page 3, Section 2.1 Pilotage on Humboldt Bay (h) change to read:
“h. There shall be two Pilots plus additional Pilots as conditions warrant.”
PASSED AND ADOPTED THIS 11 TH DAY OF JULY, 2001 BY THE BOARD OF COMMISSIONERS OF THE HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT BY THE FOLLOWING POLLED VOTE:
AYES:
NOES:
ABSENT:
_________________________ RON FRITZSCHE, President
ATTEST:
_______________________
ROY CURLESS, Secretary
HUMBOLDT BAY HARBOR,
RECREATION, AND CONSERVATION DISTRICT
THE BOARD OF COMMISSIONERS OF THE HUMBOLDT BAY HARBOR, RECREATION, AND CONSERVATION DISTRICT DO HEREBY ORDAIN AS FOLLOWS:
ORDINANCE NO. 15
ENACTING GENERAL TARIFF NO. 1, ESTABLISHING RULES, REGULATIONS, CHARGES, AND FEES, INCLUDING HARBOR FEES ON VESSELS AND CARGO IN CONNECTION WITH THE HUMBOLDT HARBOR AND BAY 38 FOOT, DEEP DRAFT NAVIGATION IMPROVEMENT PROJECT WITHIN THE JURISDICTION OF THE HUMBOLDT BAY HARBOR, RECREATION, AND CONSERVATION DISTRICT
Section I.
Findings and Declarations
The Board of Commissioners (the "Board") of the Humboldt Bay Harbor, Recreation, and Conservation District (the "District") finds and declares:
(a) Acting as Trustee of the public trust, and under the police power enabling authority delegated to the District by the State of California in Appendix II of the Harbors and Navigation Code, the purpose of this Ordinance No. 15 enacting General Tariff No. 1, establishing rules, regulations, charges, and fees, including harbor improvement surcharges on vessels and cargo in connection with the Humboldt Harbor and Bay 38 Foot Deep Draft Navigation Improvement Project (the "Project") within the jurisdiction of the Humboldt Bay Harbor, Recreation, and Conservation District (the "Ordinance"), is:
(1) to ensure the safety of individuals, vessels, and public and private property, in and around the waters of Humboldt Bay and Bar; and
(2) to protect those waters, the natural resources therein, and surrounding ecosystems from economic and environmental damage resulting from inter alia vessel collisions and groundings by promoting safe navigation and maritime commerce and providing competent, efficient, and regulated conditions for the anchoring, mooring, docking and safe movement of vessels.
(b) Under section 4 of Chapter 1 of Appendix II of the Harbors and Navigation Code the District, as a specialized agency and a political subdivision of the State of California, the District is granted police power authority to regulate the tidelands and lands lying under the inland navigable waters of Humboldt Bay for the promotion of commerce, navigation, fisheries and recreation thereon, and for the development and protection of the natural resources of the area, and under section 34 of Article 2 of Chapter 3 of Appendix II of that title, the Board may do all other acts necessary and convenient for the exercise of its powers, including in combination the regulation of navigation on behalf of the State of California subject only to Federal preemption to the line of demarcation between the inland and international rules of the road at the outermost navigational aids, and extraterritorially to include the Humboldt Bar and those areas within the territorial sea where vessels take on pilots to perform pilotage services.
Public access to safe, efficient marine transportation, and an economically healthy maritime industry is essential to the continued economic well-being and future development of the Humboldt Bay Region.
(d) It is essential that the navigable waters of Humboldt Bay remain open to public navigation as a vital foreign and coastwise transportation route for domestic and foreign vessels.
(e) Section 101 of the Water Resources Development Act of 1996, Public Law 104-695 enacted on October 13, 1996, Congress authorized construction of the Humboldt Harbor and Bay 38 foot navigation improvement project (the "Project") with a total Project cost of $15,180,000, First Federal Cost of $10,000,000 and required local contribution to the general navigation features of the Project of $5,180,000.
(f) The Board of Commissioners expressly find that the public interest and convenience, and health, safety, and welfare require the provision of improvements to the existing projects for navigation at Humboldt Bay substantially in accordance with the Congressional authorization and the Basis for Design (February 1996) prepared by the San Francisco District Engineer for the U. S. Army Corps of Engineers (the "District Engineer").
(g) Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended, and Section 101 of the Water Resources Development Act of 1986 ("WRDA 1986"), Public Law 99-662 (codified as amended at 42 U.S.C.1962d-5b), provide, inter alia, that the Secretary of the Army shall not commence construction of any water resources project, or separable element thereof, until each non-Federal sponsor (the "Local Sponsor") has entered into a written agreement to furnish its required cooperation for the project or separable element (the "Project Cooperation Agreement" or "PCA").
(h) Section 208 of WRDA 1986 (33 U.S.C. 2236) grants the consent of Congress to the levy of port or harbor dues upon vessels and cargo, and for emergency response services in the port, in conjunction with a harbor navigation project whose construction or a usable increment thereof is complete subject to the transmittal of a Notice of Intent and draft fee schedule concurrently to the District Engineer and the Assistant Secretary of the Army for Civil Works, publication in the Federal Register, the conduct of a public hearing, solicitation of public comment, and transmittal of the final fee schedule concurrently to the District Engineer, the Assistant Secretary of the Army for Civil Works, and the Federal Maritime Commission.
(i) The District intends to serve as Non-Federal Sponsor and provide those items of local cooperation necessary for the Project, and to enter into formal written agreements with the United States Government (the "Government") under Section 221 of the Flood Control Act of 1970, Public Law 91-611, as amended.
(j) The District intends to discharge those responsibilities insofar as providing at least 30 percent of the required local contribution to the cost of construction of the general navigation features of the Project through the enactment of Ordinance No. 15 within the jurisdiction of the Humboldt Bay Harbor, Recreation, and Conservation District.
Section II
General Tariff No. 1
Naming rates, charges, rules and regulations for port services
performed at the Humboldt Bay Harbor, Recreation, and Conservation District,
Eureka, California
This document is a memorandum. It portrays the rules, regulations, charges and rates of the official tariff filed electronically effective June 3, 1999 in the Federal Maritime Commission's Automated Tariff Filing and Information System. (Organization #015661, Tariff No. 1)
The only effective tariff is Humboldt Bay Harbor, Recreation, and Conservation District Tariff No. 1 that is electronically filed with the FMC ATFI system. In case of any difference in language or rate, Tariff No. 1, the tariff on file with the FMS ATFI system governs and takes precedence.
ISSUED: August 28, 1997 EFFECTIVE: September 28, 1997
GENERAL TARIFF NO. 1
TABLE OF CONTENTS
STANDARD TERMS AND CONDITIONS TARIFF SECTION I
District Boundaries and Jurisdiction
Usage, user defined
Liability for fees
Consent to terms of tariff
Application and interpretation of tariff
Harbor improvement surcharge
Payment of surcharge
Access to documentation
Security for payment of surcharge
Late charges
Records and accounts
Collection and enforcement
Liability, indemnity
HARBOR RULES AND REGULATIONS TARIFF SECTION 2
Reserved
PILOTAGE AND TOWAGE REGULATION TARIFF SECTION 3
Reserved
HARBOR POLICE, FIRE PROTECTION,
OIL SPILL RESPONSE, SANITARY
AND OTHER SERVICES TARIFF SECTION 4
Reserved
PERMITS AND FACILITIES RULES,
REGULATIONS AND RATES- TARIFF SECTION 5
Reserved
MISCELLANEOUS SERVICES,
RATES AND CONDITIONS TARIFF SECTION 6
Harbor improvement surcharge
GENERAL TARIFF NO. 1
TARIFF SECTION NO. 1
STANDARD TERMS AND CONDITIONS
1 District Boundaries and Jurisdiction
The Harbor District regulates all waterways, and ungranted tidelands and submerged lands within Humboldt Bay, pilotage and towage, and acts as Local Sponsor for Federal navigation projects within the District.
The District regulates and controls the construction of wharves, docks, and improvements of all types contemplated on the waterways of the District, and the construction, maintenance and operation, or use of all wharves, warehouses, structures, improvements, or appliances, used in connection with, or for the accommodation or promotion of transportation or navigation on any improvement project of the Federal Government entering the District and on other navigable waterways, improved or unimproved, which lie within the District, and enforces police and sanitary regulations in connection therewith. (Harbors and Navigation Code, State of California)
This tariff is issued under the exclusive jurisdiction of Section 208 of the Water Resources Development Act of 1986 (33 U.S.C. 2236) and the District hereby consents to the exclusive exercise of that jurisdiction as to those portions of the tariff implementation of a harbor improvement surcharge under that section.
2 Usage, user defined
All persons, firms, corporations, or others desiring to use any of the premises and/or facilities of the Humboldt Bay Harbor, Recreation, and Conservation District, including the Humboldt Harbor and Bay 38 Foot Deep Draft Navigation Improvement Project (the "Project"), shall obtain permission from the Chief Executive Officer.
No person, firm, corporation, or entity may use the facilities or services of the District without written permission of the District, and payment of fees, or a usage agreement with the District.
On application, and subject to availability of, and prior arrangement made, the Humboldt Bay Harbor, Recreation, and Conservation District at its option and convenience may grant the use of its premises, and such other facilities of the District, as it may designate to individual firms, corporations, and others, hereinafter referred to individually and collectively as "user" or "users", for those operations or use of the premises or facilities as it may designate.
The term "user" includes the master, owner, or operator of a vessel, or the shipper, consignor, consignee, terminal operator, rail, truck, or barge carrier having title to, or custody of cargo loaded or unloaded from a vessel entering or departing the District, or the assignee, or successor in interest of any user.
For the issuance of that permission the District will assess the users a harbor improvement surcharge.
Any charges herein or hereafter otherwise provided in the tariff for wharfage, dockage, service and facilities, or for any other services or purposes assessed by the District, are in addition to the harbor improvement surcharge.
The District and users may enter into a usage agreement with carriers, shippers, or other parties. Permission to use District premises and facilities may be revoked for violation of this tariff.
All users of the premises or facilities granted the use of the District are subject to all the terms and conditions of this tariff, and shall pay usage of the District at rates determined under Item 14.
The District reserves the right to amend or replace this tariff at any time. Users should inquire that the tariff on which they rely is the one currently in effect.
3 Liability for fees
Any person, firm, corporation, or any entity requesting the use of facilities or services from the District, or reflected in the vessel documentation, as the owner, operator, or agent, are jointly or severally liable in personam, and any such vessel is liable in rem, for harbor improvement surcharges on vessels entering the District. The shipper, consignor, consignee, or terminal operator, having title to, or custody of, cargo loaded on board or discharged from a vessel within the District, are jointly and severally liable in personam, and any such cargo is liable in rem, for fees on cargo loaded on board or discharged from a vessel at a wharf, dock or terminal facility within the District.
4 Consent to terms of tariff
Use of the navigable waterways of the District, or improved or of tariff unimproved navigable waters, or premises or facilities of the District, by vessels or cargo, or for construction or operation of wharves, docks, or improvements of all types used in connection with, or for the accommodation or promotion of transportation or navigation, or the premises or facilities of the District constitutes implied consent to all of the terms and conditions of this tariff, and evidences an agreement on the part of any users of the premises or facilities of the District to pay all charges specified in this tariff and be governed by all rules, regulations, terms, conditions, and legal actions shown in this tariff.
Conditions for conducting any operation within the District, or use of the premises, facilities, or services of the District, are subject to specific authorization of the Chief Executive Officer, and may include provisions to protect public safety, security, environment, and health. Any person, corporation, firm or entity conducting any operation within the District, or use of the premises, facilities, or services of the District shall fully comply with applicable provisions of Federal, State, or municipal law, and ordinances adopted by the District.
The District reserves the right, without responsibility for demurrage other charges, loss, or damage of any kind whatsoever, to deny the use of its facilities or services to any vessel or shipper.
5. Application and interpretation of tariff
Rates, rules, terms, conditions, and regulations, contained in this tariff apply equally to all users, vessels and cargo subject to this tariff on the effective date shown in this tariff and as amended.
This tariff is published and filed as required by law and is, therefore, notice that the rates, charges, rules, and regulations, and definitions apply to all users, vessels, and cargo, without specific notice, quotation, or arrangement.
The tariff is effective on or after the date as shown on each page.
Revised pages will be issued to cover changes in this tariff, however all rates and regulations in this tariff are subject to change without notice except as may be required by law. The Chief Executive Officer is the sole judge as to the interpretation of this tariff. Any decision of the Chief Executive Officer is binding upon all users and is final.
Any usage agreement, and the use of any facilities or premises, if any, described in any usage agreement between a user and the District are at all times subject to all provisions and conditions of this tariff.
The rates, rules, terms, conditions, and regulations named in this tariff apply independently of the provisions of any bill of lading, charter party, agreement, or contract of affreightment.
Requests or complaints should be directed to the Chief Executive Officer, Humboldt Bay Harbor, Recreation, and Conservation District, P.O. Box 1030 Eureka, CA 95502-1030.
6 Harbor Improvement Surcharge
Except as otherwise exempted herein, all users of waters, premises or facilities of the District as described in items 1-3 shall pay harbor improvement surcharges as provided in this tariff to assist in defraying the cost of the required local contribution to Project construction cost under Section 208 of the Water Resources Development Act of 1986 (33 U.S.C. 2236), and the expense of providing emergency response services provided by the District or under mutual aid or mutual assistance agreements, administration, maintenance, promotion, and regulation, of the District, including the supervision of shipping and the District, policing the harbor, and the District's facilities.
For purposes of the levy of harbor improvement surcharges, the Project is considered divisible into two usable increments or reaches corresponding to 1) the Bar and Entrance Channel, and 2) the North Bay and Samoa Channels. Upon completion of construction of the Bar and Entrance Channel, any person, vessel or cargo liable under Item 3 of this tariff, upon that vessel using any portion of the channel, is liable for the fee imposed under Item 14 of this tariff for use of that channel. Upon completion of construction of the North Bay and Samoa Channels, any person, vessel or cargo liable under Item 3, upon that vessel using any portion of the channels, is liable for the fee imposed under Item 14 of this tariff for use of those channels.
Harbor improvement surcharges shall be paid by the operator of the vessel in addition to dockage, and collected by the wharf, dock or facility operator, or the vessel's agent, prior to departure and by the owner of cargo loaded or unloaded at a wharf, dock or facility collected by the operator of that wharf, dock, or facility in addition to wharfage or other charges prior to release of the cargo to the consignee.
Vessels, wharves, docks, and facilities owned and operated by the Federal Government, a foreign country, a State, or a political subdivision of a country or State, unless engaged in commercial services, towing vessels, vessels engaged in dredging activities and vessels engaged in intraport movements are exempt from the vessel portion of the harbor improvement surcharge described in Section 6. In addition vessels with design drafts of 20 feet or less are exempt from harbor improvement surcharges.
7 Payment of surcharge
Harbor improvement surcharges are due when accrued by the user and payable in cash in U.S. currency to the Chief Executive Officer of the District, or his authorized representative, unless the user has established creditworthiness to the District before using District facilities or services, or has posted adequate security for estimated fees acceptable to the District in advance. Fees that have not been paid within thirty (30) days of the date of assessment are subject to a finance charge of one and one half per cent (1-1/2%) per month. The District reserves the right to estimate and collect in advance all charges which may accrue against vessels, their owners or agents, or against cargo loaded or discharged by a vessel, whose credit has not been properly established or who has become delinquent.
Any pending or alleged claims against the District are not allowed as an offset against outstanding invoices or accrued fees until those claims have been legally established by a court of competent jurisdiction.
8 Access to documentation
The master of an arriving vessel, or the vessel's agent shall deliver to the Chief Executive Officer, or authorized representative, prior to loading or unloading cargo at a wharf, dock or facility within the District, and in no event later than forty-eight hours after the vessel's arrival, a tonnage certificate and a cargo manifest for the vessel, showing names of shippers, or consignees, and the weights and measurements of any and all cargo loaded or discharged at a wharf, dock, or terminal within the District, or if in ballast a declaration to that effect in order that the proper usage fee may be assessed against the vessel. The master shall also provide the vessel's booking list, showing how much space or weight has been allocated to each shipper for each commodity prior to delivery of any inbound cargo to a wharf, dock, or terminal facility.
The master of a departing vessel, or the vessel's agent, shall also deliver to the Chief Executive Officer, prior to departure, the vessels' load lines certificate, and evidence certifying the vessel's sailing draft after loading and prior to departure.
The shipper, consignor, or terminal operator having title, or custody of, any cargo subject to surcharges shall deliver to the Chief Executive Officer appropriate documentation in the form of bills of lading, freight bills, export declarations, cargo lineups or lists specifying the supplier, marks, estimated volume or weight of each commodity for each vessel and discharge port before the delivery of any outbound cargo to be loaded or discharged in the District.
Failure to supply the necessary documentation makes the vessel owner, operator, or agent, or the shipper, consignor, or terminal operator liable for any damages, including actual attorneys fees, costs, and expenses, that the District sustains as a result of not receiving the required documentation. The Chief Executive Officer may assess a civil penalty not to exceed $500 per day per instance against any vessel owner, operator, or agent, or shipper, consignor, or terminal operator for willful failure to provide the necessary documentation required under the tariff.
9 Security for payment of fees
Under 33 U.S.C. 2236 (f) user charges levied under this tariff are secured by maritime lien against the vessel or cargo which may be enforced in personam against a responsible party, or in rem against the vessel or cargo subject to levy in United States District Court.
Under 33 U.S.C.2236(e) non-payment of user charges may result in the Secretary of the Treasury denying clearance to a vessel under 46 App.U.S.C. 91, assessing a civil penalty against a responsible person, vessel, or cargo, or seizure or forfeiture of the vessel or cargo under 19 App. U.S.C. 1202 et seq.
10 Late charges
If any user fees due from users are not received by the District when due, users shall pay to the District, in addition to any interest otherwise payable under this tariff or the applicable usage agreement, an additional sum of five per cent (5%) of the overdue fees as a late charge.
11 Records and accounts
Users shall maintain locally a system of accounts and records satisfactory to the Chief Executive Officer, including copies of vessel tonnage certificates, cargo manifests, export declarations, and other documentation covering all vessel calls, and import and export cargo movement and transactions and operations conducted under the tariff or agreement, which shall be preserved during the life of the agreement and for three years thereafter, or for five years in the absence of an agreement. The accounts and records shall be open and available at all reasonable times for examination, audit, and transcription therefrom by District representatives.
12 Collection and enforcement
In the event of any legal proceeding to collect any charges or enforce any provision of this tariff from any person or against any vessel or cargo, the District may recover its expenses incurred in any such proceeding including actual attorneys fees, litigation expenses and costs (including any bond), including any appeal.
The District may sell, at public or private sale, vessels or cargo on which the owner fails or refuses to pay usage charges. The proceeds of sale are intended to satisfy those charges plus the costs and expenses of sale, including actual attorneys fees. Cargo of a perishable nature, or of a nature likely to damage other cargo or property may be sold at public or private sale without advertising.
13 Liability, indemnity
Every person, corporation, firm, or entity using the facilities, premises, or services of the District shall indemnify, and save and hold harmless the District, its Commissioners, officers, employees, agents, and consultants, from and against any all claims, damages, losses, and expenses, including the duty to defend and respond in damages, and including actual attorney's fees, costs, and expenses, for injury to, or death of any person, employee, passenger, agent, licensee, invitee, or for damage to any property, including loss of use thereof, arising out of, or in any manner connected with the person's, corporation's, firm's, or entity's actions, omissions, or failures, including the acts, omissions, or failures of their employees, agents, or any other person acting for them or on their behalf.
The District is not liable for any damage to, or loss, of freight, or vessel delay, or demurrage, in the use of the premises, facilities, or services of the District.
Nothing in this tariff is intended, nor may be construed to relieve any liability as to any person, corporation, firm, or entity using the facilities, premises, or services of the District, or concerning any third person not a user under this tariff, that may arise under CERCLA, or under any other provision of Federal or State law. In bearing any cost, conducting any investigation, or performing any cleanup and response as directed by the Government under the Project Cooperation Agreement ("PCA") to enable the construction, operation and maintenance of the Project under that Agreement, or the conduct of berth dredging under that Agreement and as required under the PCA, the District disclaims any liability under CERCLA, or under any other provision of Federal or State law, for the presence, release, threatened release, or response to release or threatened release, or for the generation, transportation, storage, or disposal of contaminated material, and reserves the right to recover the cost of any investigations, and any amounts expended for cleanup and response from potentially responsible parties.
TARIFF SECTION NO. 2
HARBOR RULES AND REGULATIONS
Reserved
TARIFF SECTION NO. 3
PILOTAGE
THIS SECTION ESTABLISHES STANDARDS, POLICIES AND PRACTICES FOR PILOT COMPETENCY, QUALIFICATION, PROFESSIONAL GROWTH AND ENFORCEMENT
WHEREAS, in the United States, federal law defines two separate but interactive areas of pilotage regulation. The Coast Guard administers the pilotage aboard vessels in the coastwise, domestic trades and the states administer pilotage aboard vessels in foreign trade. In 1789, the First Federal Congress enacted section 4 of the Lighthouse Act, which provided:
“That all pilots in the bays, inlets, rivers, harbors and ports of the United States, shall continue to be regulated in conformity with the existing law of the states respectively wherein such pilots may be or with such laws as the states may respectively hereafter enact for such purpose, until further legislative provision shall be made by Congress” ; and
WHEREAS, the State of California, through the Harbors and Navigation Code, has delegated to the Humboldt Bay Harbor, Recreation and Conservation District (HBHRCD) authority to provide for and supervise pilots aboard vessels in foreign trade. The Lempert-Keene-Seastrand Oil Spill Prevention and Response Act of 1990 created a comprehensive State oil spill prevention program for coastal and marine waters. The law expanded the authority, responsibilities and duties of the CA Department of Fish & Game under the direction of the Administrator for Oil Spill Response. Government Code Section 8670.6 provided authority to establish the Oil Spill Prevention and Response Office (OSPR) which is responsible for assisting the Administrator in performing the duties specified in the Act. Additionally, AB567 (Hauser) enacted in 1994, provided a mechanism for the HBHRCD to license bar pilots operating in Humboldt Bay; and
WHEREAS, a Memorandum of Agreement (MOA) subsequently emerged as a way to preserve the port’s legally delegated control over pilotage, while at the same time, ensuring that the concerns of the State and the Coast Guard were addressed. On February 26, 1997 the Governor of California, the Coast Guard Assistant Commandant for Marine Safety and Environmental Protection and the executive directors of the harbors of Humboldt Bay, Port Hueneme, Los Angeles, Long Beach and San Diego signed the Memorandum of Agreement concerning pilotage. The MOA requires a federal pilot license as a condition of employment. Because of the wording in federal statute (46 USC 8503), this strengthens Coast Guard authority to take action against an individual’s right to hold a license when piloting vessels in foreign trade. Accordingly, pilots in Humboldt Bay are subject to the jurisdiction of the Coast Guard suspension and revocation process when piloting vessels in coastwise or foreign trade. In addition, state pilot licenses for pilotage in Humboldt Bay are issued by HBHRCD; and
WHEREAS, in order to have a safe and efficient pilot organization, it is imperative to attract and hire the best people. Certain skills and experience are necessary to become a pilot and the proper attitude is required for the pilot to accept responsibility for maneuvering large vessels calmly and deliberately. A pilot must sometimes work under stressful conditions but must always exercise good judgment. Because of the pilot’s reliance on others in the Bridge Management Team, the Pilot must also be an excellent communicator and manager.
WHEREAS, the goal of the HBHRCD is to maintain an adequate number of trained Pilots in Humboldt Bay to ensure navigation safety and protect commerce and the environment.
NOW, THEREFORE, THE BOARD OF THE HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT DOES HEREBY ORDAIN AS FOLLOWS:
ARTICLE 1 SHORT TITLE, DEFINITIONS
SECTION 1.1 Short Title
This Ordinance shall be known as the “Humboldt Bay Pilotage Amendment to Ordinance 15”.
SECTION 1.2 Definitions
a. Humboldt Bay, California: All waters within the geographic boundary of Humboldt Bay up to an elevation of Mean Higher High Water, up Humboldt Bay tributaries to the extent of tidal influence and seaward to the westward extent of the Entrance Channel jetties.
b. Humboldt Bar Pilots Association: A partnership of individuals licensed to perform pilotage in Humboldt Bay. This partnership was formed in 1965 to unify Pilots and bring competition between Pilots to an end.
c. Pilot: A trained individual licensed by the federal government and the Humboldt Bay Harbor, Recreation and Conservation District to safely conduct a ship in and out of the waters of Humboldt Bay.
ARTICLE 2 DUTIES OF PILOTS ON HUMBOLDT BAY
SECTION 2.1 Pilotage on Humboldt Bay
a. Pilots on Humboldt Bay must possess a federal Pilot’s license and a HBHRCD Pilot’s license. All foreign vessels and U.S. flagged vessels not sailing under a coastwise endorsement issued by the U.S. Coast Guard, except vessels under 300 gross tons, navigating Humboldt Bay, are required to use a Pilot holding current licenses for Humboldt Bay.
b. Pilots in Humboldt Bay are required to be members of the Humboldt Bar Pilots Association (a partnership). Association members are self employed but are individually licensed by the Humboldt Bay Harbor, Recreation and Conservation District.
c. The Humboldt Bay Bar Pilots are required to be available with 24 hour notice prior to ship arrival.
d. Pilots are not required to be maintained on station.
e. Radio watch is to be maintained on VHF Channel 16 one hour prior to arrival at the sea buoy.
f. Vessels are to boarded approximately 1 mile westward of HB Sea Buoy.
g. Pilotage is coordinated by the local stevedoring company who act as local agents for the steamship companies.
h. There shall be two Pilots plus additional Pilots as conditions warrant .
i. Pilots shall work ships on a rotational basis.
j. While navigating waters of Humboldt Bay, vessels must maintain no less than 2’ of underkeel clearance based on most current information available.
SECTION 2.2 Pilot – Master Interface
a. Master-Pilot Conference
1. Each Pilotage assignment should begin with a conference between the Pilot and the Master.
2. The initial conference is an opportunity not only to exchange information that the Pilot and Master each needs, but also for the Pilot and the Master to establish an appropriate working relationship.
3. The conference should convey, and be consistent with, the principle that the Pilot and the Master/bridge crew each has an important role in the navigation of the vessel.
4. The amount and subject matter of the information to be exchanged in the initial conference should be determined by the specific navigation demands of the pilotage operation.
b. Pilot’s Information Card (“MPX Card”)
1. The Humboldt Bar Pilots Association will develop information cards (MPX Cards) for use by their members.
2. The Pilot should give the card to the Master at the time of the initial conference and use it as the basis for discussion during the conference.
3. The card should supplement, not substitute for, the Master/Pilot information exchange.
4. There should be a separate card for outbound and inbound movements and shifting operations when appropriate.
5. The card should include information or instructions specific to navigation in Humboldt Bay. Subjects to be addressed include:
- radio channels to be monitored;
- posting of anchor watch/lookout (beyond the requirements of the Rules of the Road; and
- local navigation requirements or restrictions (tug escorts, speed limits, one-way traffic areas, etc.).
6. The card should also include instructions or requests concerning what the Pilot needs from the Master and crew; subject that might be addressed include:
- information about the vessel, its characteristics and condition;
- crew to fix position of the vessel; and
- only English to be spoken on the bridge.
7. The card should have a blank space for the Pilot to add own items.
8. The Board of Commissioners of the HBHRCD shall approve the card.
c. Pilot’s Individual Exchange Practice
1. Each Pilot should develop a personal, standardized conference practice, taking into account regulatory requirements and best practices in pilotage.
2. Pilots should consider using memory aids to ensure that essential exchange items are covered.
d. Absent/Unwilling/Incapable Master
1. An effective exchange requires the participation of a Master who is present, is willing, and has sufficient skills, knowledge, and English language proficiency to provide the information needed by the Pilot and to understand the Pilot’s instructions and requests.
2. Pilots should be aware of regulatory requirements for Masters to provide specific information to the Pilot and to cooperate closely with the Pilot.
3. The Pilot should make all reasonable efforts to obtain the presence of the Master for purposes of conducting a conference.
4. If the Master or Bridge crew fails to provide the information needed by the Pilot or if an unsatisfactory exchange leads the Pilot to doubt the ability of the Master or bridge crew to perform the navigation duties normally expected during the vessel movement, the Pilot should use his or her best professional judgement to determine whether it is safe to proceed with the movement.
5. If a Pilot determines that a movement can safely proceed despite an unsatisfactory exchange, the Pilot should adjust his or her pilotage practices during the movement accordingly and should report or record the Master’s refusal to engage in an exchange or to provide required information.
6. If a Pilot determines that it is not safe to proceed with a vessel movement due to an unsatisfactory exchange, the Pilot should refuse to proceed, advise the Master/bridge crew on anchoring the vessel or taking other steps to secure the vessel’s safety, and notify appropriate authorities by the best means available.
e. Ship’s Pilot Card/Wheelhouse Poster
1. Pilots should be aware of regulations requiring vessels to have a pilot card and wheelhouse poster containing maneuvering data and other information concerning the ship.
2. If the Pilot, in the exercise of his or her best judgement, considers the information provided orally by the Master about the vessel and its characteristics unclear or insufficient, the Pilot should consult the Pilot card/wheelhouse poster to confirm or supplement information from the Master.
3. Pilots should be aware that information on a pilotcard/wheelhouse poster about a vessel’s handling and maneuvering characteristics may not be accurate when maneuvering in Humboldt Bay or local conditions that may be present during the pilotage operation. Such information may be based on “new vessel” conditions, which may be affected by factors such as bottom fouling, propeller/rudder damage or trim.
f. Ships Calling on a Frequent, Regular Basis
1. The information exchange should not be abandoned for vessels that call on a frequent, regular basis. Such vessels have the potential to induce complacency.
2. The exchange for such vessels can, and should, be adjusted with the focus on items, concerning both vessel and pilotage, that may have changed since the previous call or are otherwise pertinent to the particular pilotage operation.
g. Continuing Communication
1. The initial conference should not be the end of communication and information sharing.
2. The Pilot should convey during the initial conference: the need to communicate throughout the pilotage operation, the Pilot’s willingness to answer questions, and the Pilot’s continuing need for information.
h. Pilot Boarding Locations and Procedures
1. In places where the Pilot boarding location or procedures impose significant constraints on the time or attention that can be devoted to the initial Master-Pilot conference, the Humboldt Bar Pilots Association and the HBHRCD should review whether changing the boarding location and/or procedures would be feasible and would produce significant benefits that could not be obtained through improvements in the conference process.
2. Any proposed change in the Pilot boarding location or procedures should be measured against the traditional principle that Pilot boarding locations and procedures are determined by both the navigational needs of the ship and the personal safety of the Pilot.
i. Training in the Master-Pilot Information Exchange
1. The Master-Pilot information exchange should be an important focus of the initial and continuing training for Pilots, particularly Bridge Resource Management courses for Pilots.
2. Initial training in the Master-Pilot information exchange should cover:
- regulatory requirements
- recognition of language, cultural, psychological and physiological impediments to effective communication and interaction and techniques for overcoming those impediments; and
- best practices for Humboldt Bay.
3. Continuing training should review initial training items and examine recent accidents, new practices of other Pilots and studies dealing with the subject.
ARTICLE 3 PILOT TRAINEE SELECTION PROCESS
SECTION 3.1 Selection Process
a. The process used to select Pilot Trainee candidates follows general Harbor District hiring procedures, namely, advertisement, acceptance of applications, review of applications and reference checks, interview of the top five to seven candidates, follow-up interviews with the top three candidates and pilot trainee selection. The HBHRCD will conduct the interview and trainee selection process. Individuals enrolled and participating in the Humboldt Bar Pilots Association training program prior to April 22, 1999 are considered accepted into the HBHRCD pilot training program at an equivalent level of training. The experience points portion of the selection process places a greater emphasis on experience and a lesser emphasis on formal education and pilotage endorsements, although the value of those qualities is recognized. An applicant’s relationship to a current or former pilot will have no weight during the selection process. In addition, the HBHRCD reserves the right to reject any and all applicants.
SECTION 3.2 Initial Competency
To qualify as a pilot trainee applicant, an individual must:
a. Pass a pre-employment physical examination per USCG regulations including a drug screen.
b. Possess a high school diploma or equivalent.
c. Meet the following criteria:
1. Possess a copy of the current federal license with endorsement. The federal license shall be on file at HBHRCD office for all pilots working on Humboldt Bay. No Humboldt Bay Pilot License renewal shall be issued without the current federal license on file and;
2. Three years of full time paid experience as a USCG licensed Master or Chief Mate of an inspected vessel, of not less than 5,000 gross tons, on the waters of any ocean (a valid license must be submitted at the time of filing) or;
3. Three years of full time paid experience as a pilot whose duties include docking and undocking of oceangoing or coastwise vessels transiting the Pilot grounds in a major port of the United States or;
4. Three years of full time paid experience as a Master of a tugboat within the confines of Humboldt Bay with an unlimited radar endorsement, or;
5. Possession of a current, valid federal license as master of vessels of at least 1600 gross tons with a unlimited radar endorsement or;
6. Three years paid experience as a Docking Master on flat tow vessels, or;
1. Possession of a current, valid federal license as Master of vessels of any tonnage, any ocean with an unlimited radar endorsement or;
2. Be enrolled and participating in the Humboldt Bar Pilots Association training program prior to April 22, 1999.
SECTION 3.3 Experience Ranking
The following point system may be used to assist in the selection of pilot trainee candidates:
1. Tug Experience
· Any tug experience (minimum one year in command)
“Command” = Master or operator in charge of vessel 10 Pts.
· Offshore command experience (not less than 1600 tons
combined tug and tow) 5 Pts.
· 2 to 5 years command 5 Pts.
· Over 5 years command 5 Pts.
· Served as pilot on own vessels (not less than 1600 tons
combined tug and tow, minimum 100 moves) in pilotage
waters. (“Own vessels” means vessels for which applicant
was also the master or second in command.) 5 Pts.
Tug Experience - Maximum 30 Pts.
2. Deep Draft Experience
· Any self-propelled vessels in navigation of not less than
1600 gross tons (minimum one year in command or five
years equivalent as licensed officer of the watch) 10 Pts.
· In command of self-propelled vessels over 10,000 gross tons 5 Pts.
· 2 to 5 years command 5 Pts.
· Over 5 years command 5 Pts.
· Served as pilot on “own-vessels” (minimum 100 moves) on pilotage
waters. (“Own vessels” means vessels for which applicant
was also the master or second in command.) 5 Pts.
Deep Draft Experience - Maximum 30 Pts.
3. Piloting Experience
· Serving as commercial pilot, not a member of the crew,
directing and controlling the movement of vessels of not
less than 1600 gross tons (minimum 100 moves) on waters
in which a pilot is required by state, federal or foreign law 10 Pts.
· 2 to 5 years 10 Pts.
· Over 5 years 10 Pts.
Piloting Experience - Maximum 30 Pts.
4. Other
(a) Professional Training
· Maritime Academy Graduate
(If completed 2 years * - 1 Pt;
If completed 3 years * - 2 Pts.) Maximum 3 Pts.
* and provides documentation to establish that
applicant left in good standing
· Manned Model Simulator 2 Pts.
· Bridge Resource Management 1 Pt.
Maximum 6 Pts.
(b) Pilotage Endorsements
(On Coast Guard License)
· For 1 or more non-local routes (2 Pts.)
· For local route (Humboldt Bay) (3 Pts.*)
Maximum 4 Pts.
* If combined with points for non-local routes,
not more than 4 points total for Pilotage Endorsements.
Other - Maximum 10 Pts.
Experience Points - Total Possible: 100 Pts.
SECTION 3.4 Physical Requirements
a. Each applicant must provide proof of his/her current satisfactory completion of the physical standards for a First Class Pilot’s License determined by the latest USCG Physical and Drug Testing Requirements.
b. Each applicant must be in good physical condition and have no problems climbing ladders or stairs; possess good night vision, depth perception and have no difficulty with hearing or speech.
c. Strength to perform average lifting up to 15 pounds and occasionally over 25 pounds; body agility and equilibrium involved in activities such as climbing and balancing under precarious conditions; arm, hand and finger dexterity with both hands involved in activities such as reaching, handling and feeling; good speaking and hearing ability; and good eyesight including good color perception, depth perception and night vision. Persons with medical limitations may, with reasonable accommodations, be capable of performing the duties of some of the positions in this class. Such determination must be made on an individual basis in light of the person’s limitations, the requirements of the position, and the appointing authority’s ability to effect reasonable accommodations to the limitations.
ARTICLE 4 APPRENTICESHIP AND TRAINING
SECTION 4.1 Apprenticeship and Training
After acceptance as a Pilot Trainee, the applicant must undergo a training and apprenticeship program. The program is designed to familiarize the trainee with the workings of the Humboldt Bar Pilots Association, the interface between the Humboldt Bar Pilots Association and the other oversight agencies, and to demonstrate requisite skills and judgment. One other key goal of the apprenticeship program is to allow the trainee to acquire “local knowledge.”
The apprenticeship and training will consist of the following components:
a. The length of the program shall consist of a minimum of one (1) year and a maximum of three (3) years. If ship traffic falls below 45 in a one year period, the Program may be extended by the HBHRCD Board of Commissioners.
b. The Pilot training and apprenticeship program is divided into two stages. Stage 1 is termed an “Observing Apprentice”. Stage 2 is termed the “Apprentice Pilot”. The “Observing Apprentice” pilot shall complete at least twenty (20) round trips (40 ship movements) across the Humboldt Bay Entrance before advancing to “Apprentice Pilot” status. One round trip shall consist of the riding of one ship inbound and riding one ship outbound. Riding of the same ship inbound and outbound is not necessary.
1. Of these 40 ship movements, at least 10 will be made during times of darkness or restricted visibility.
2. Of the 40 ship movements, at least 15 will be made during the winter.
3. Of these 40 ship movements, at least 5 round trips shall be made through the Fields Landing Channel of South Bay.
4. Upon acceptance into the Pilot Training Program, the Pilot trainee will be issued an ‘Observing Apprentice Permit’.
5. Upon successful completion of the observing apprentice requirement, the Harbor District will issue the trainee an ‘Apprentice Pilot Permit’.
d. Apprentice pilots will be required to ride as observers aboard local vessel-assist tugs during at least ten days in the first six months of the training program.
e. A written evaluation shall be made after every ship movement involving an Apprentice Pilot by the HBHRCD licensed Pilot.
f. Simulator training and Bridge Resource Management (BRMP) training for Pilots will be required once during the training program.
g. A training file will be maintained by each apprentice pilot. The checklist will include, but not be limited to, the following items being verified as complete by the Humboldt Bar Pilots:
1. Minimum amount of trips to designated areas within the Port
2. Tugboat observer rides
3. Simulator training to include emergency ship handling
4. Undergo Emergency Ship handling, Simulator training and Bridge Resource Management training for Pilots at least once every five years
5. Anchoring procedures
6. Lesson learned/incident case review
7. Tug utilization during piloting
8. Local weather patterns
9. Tides and currents
10.Communications
11. Copy of Federal Pilot’s License
12. Proof of completion of radar observer unlimited
In addition, the HBHRCD will randomly survey vessel masters for their evaluation of each Apprentice Pilot’s ability.
Lengths of each apprenticeship are individually based on assessment of the apprentice’s performance. Full qualification is a gradual process, with the apprentice initially qualifying to perform more elementary tasks, then moving to increasingly complex and demanding assignments. Apprenticeships vary in length depending upon the apprentice’s previous experience, licenses and qualifications.
Upon completion of the training program outlined above, and the Apprentice Pilot has demonstrated that he/she possesses the necessary skills and knowledge to serve as a licensed pilot for Humboldt Bay, the Humboldt Bar Pilot Association shall notify the HBHRCD that the Apprentice Pilot has completed the training program and shall recommend to the HBHRCD that the Apprentice Pilot be issued a HBHRCD Pilot License for the waters of Humboldt Bay.
The Humboldt Bar Pilots Association may recommend to the HBHRCD, the dismissal of an Observing Apprentice or an Apprentice Pilot from the training program at any time during the Pilot’s first year in the program. The HBHRCD may dismiss an Observing Apprentice or an Apprentice Pilot from the program at any time if the HBHRCD determines that the Observing Apprentice or Apprentice Pilot is not making satisfactory progress in the program or that circumstances have changed such that there is no longer a need for an additional HBHRCD licensed Pilot.
If the HBHRCD dismisses a trainee from the program, the trainee’s Observing Apprentice Permit or Apprentice Pilot Permit will be immediately revoked.
ARTICLE 5 PROFESSIONAL DEVELOPMENT
SECTION 5.1 Professional Development
Safe piloting requires that each pilot continue to maintain and improve his or her skills. The Professional Development Program includes the following minimum standards for maintaining proficiency and professional growth. Each pilot will comply with the following in order to be eligible for annual HBHRCD Pilot License renewal:
a. Possess a current Federal Pilots License with an endorsement for radar observer unlimited.
b. Pass an annual physical examination as per USCG regulations and participate in a random drug screening program.
c. Undergo simulator training and Bridge Resource Management Training for Pilots at least once every five years.
d. Participate in incident case review and lessons learned sessions with other pilots at least twice each year.
e. Handle at least three ships supervised by a Humboldt Bar Pilot if the pilot has not been an active pilot for a twelve month period.
ARTICLE 6 OVERSIGHT AND ENFORCEMENT
SECTION 6.1 Oversight
The term oversight includes the aggregate of policies which have been adopted to monitor pilot performance and provide feedback on the effectiveness of qualification and training programs, including legal and administrative procedures for the enforcement of pilotage standards. The responsibility for oversight has been delegated by the State to the HBHRCD through the Harbors and Navigation Code.
SECTION 6.2 Enforcement
As previously indicated, pilots licensed by the HBHRCD in the Port of Humboldt Bay are subject to the jurisdiction of the Coast Guard suspension and revocation process whether piloting vessels in coastwise or in foreign trade. When warranted through the apparent commission of a prohibited act or the failure to meet standards on the part of a Coast Guard-licensed individual, the Coast Guard will initiate an investigation to determine the right of an individual to continue to hold a federal pilot’s license. Further, when warranted through the apparent commission of a prohibited act, the HBHRCD Board retains it’s jurisdiction over incidents.
SECTION 6.3 Casualty Investigations
The Coast Guard will investigate to determine cause and proper follow-up action for reportable casualties (groundings, allisions, collisions and personal injury meeting certain thresholds). Follow-up could include no action, recommending operational measures, mechanical solutions or enforcement action against those operating the vessel including the suspension and revocation procedures described above. Drug and alcohol testing is included in a Coast Guard investigation. The Coast Guard will work with the Pilot Association to bring together all pertinent information. The Pilot Association will be requested to advise the Coast Guard on standard practice issues that may come up during the investigation. This process is designed to assist in making an informed decision regarding follow-up actions including disciplinary actions AND/OR lessons learned opportunities.
SECTION 6.4 Casualties Below Reportable Threshold
Groundings, allisions, collisions, or other casualties with no or negligible damage below reportable levels shall result in Humboldt Bar Pilots Association review with probable Coast Guard independent review. The Coast Guard goal will be to identify lessons learned and share these and other relevant information with the Humboldt Bar Pilots Association and vessel operators as appropriate.
SECTION 6.5 Near Miss/Lessons Learned/Situations/Incidents
The “lessons learned” program shall balance the need for near miss information against effects of bringing near miss information to the record. Voluntary programs are historically ineffective for a number of reasons, including concern for maintaining a safe and effective Master-pilot relationship and natural hesitance to volunteer close-call information concerning one’s own performance. In recent years the more significant near misses have been dealt with by the Coast Guard in a number of ways including:
· Letters of Concern to vessel management about bridge team performance issues.
· Letters of Warning to Master or vessel management; pilot or pilot management.
· Distribution of an incident report and lessons learned with no personnel action.
· Development or revising of Operational Procedures.
· Pilot management internal actions (procedures, training, etc).
a. Each Humboldt Bay Pilot will:
6. Report to the Chief Executive Officer of the HBHRCD on US Coast Guard Form 2692, the facts surrounding a reportable casualty (groundings, allisions, collisions, and personal injury, meeting certain thresholds) within the Coast Guard’s reporting timeframe.
7. Report to the HBHRCD other reviews of the casualty or incident, which were undertaken and what action will be taken to prevent similar casualties or incidents.
The preceding Section No. 3 was adopted as Amendment No. 3 to Ordinance 15 on April 13, 2000.
TARIFF SECTION NO.4
HARBOR POLICE, FIRE PROTECTION, OIL SPILL RESPONSE, SANITARY AND OTHER SERVICES
Reserved
TARIFF SECTION NO. 5
PERMITS AND FACILITIES RULES, REGULATIONS AND RATES
Reserved
TARIFF SECTION NO. 6
MISCELLANEOUS SERVICES RATES AND CONDITIONS
14.Harbor Improvement Surcharge
a. Vessels - five dollars ($5.00) per foot of draft based fees upon reported sailing draft at time of departure for any vessel using any portion of the Bar and Entrance Channel, and an additional five dollars ($5.00) per foot of draft based upon reported sailing draft for any vessel using any portion of the North Bay and Samoa Channels.
b. Cargo - seven and one-half cents ($0.075) per short ton or eight and two hundred sixty five thousandths cents ($0.08265) per metric ton for any cargo on board a vessel using any portion of the Bar and Entrance Channel, and an additional seven and one-half cents ($0.075) per short ton or eight and two hundred sixty five thousandths cents ($0.08265) per metric ton for any cargo on board a vessel using any portion of the North Bay and Samoa Channels.
Section III.
Severability
If any part of this Ordinance is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of this Ordinance is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid application.
Section IV.
Special procedures prior to adoption of ordinance
The Chief Executive Officer shall publish the full text of the proposed Ordinance, and transmit a Notice of Intent and draft harbor improvement surcharge schedule concurrently to the District Engineer along with the approved Draft Project Cooperation Agreement and Financial Plan, and to the Assistant Secretary of the Army for Civil Works for publication in the Federal Register, sets August 14, 1997 as the date for the public hearing on this Ordinance and proposed harbor improvement surcharge, and upon completion of the public hearing directs the transmittal of the final fee schedule concurrently to the District Engineer, the Assistant Secretary of the Army for Civil Works, and to the Federal Maritime Commission in the form of the adopted General Tariff No. 1 through electronic tariff filing.
Section V.
Scheduling of public hearing on proposed harbor improvement surcharge
Under 33 U.S.C. 2236(a)(5) a public hearing on the proposed harbor improvement surcharge is scheduled for Thursday, August 14, 1997 commencing at 7:00 p.m. in the conference room of the Humboldt Bay Harbor, Recreation, and Conservation District, Woodley Island Marina, Eureka, CA 95502-1030
Section VI.
Designation of official and setting deadline for receipt of comments concerning proposed harbor improvement surcharge
Under 33 U.S.C. 2236(a)(6) public comments concerning the proposed harbor improvement surcharge should be directed in writing to the Chief Executive Officer, Humboldt Bay Harbor, Recreation, and Conservation District, P.O. Box 1030 Eureka, CA 95502-1030. Tel. (707) 443-0801. The public comment period will close upon the close of business at 4:00 p.m., August 28, 1997. Written comments must be received by the District on or before that date in order to be considered by the Commission prior to taking final action on the proposed harbor improvement surcharge.
Section VII.
Effective date
This Ordinance is effective thirty days following final adoption by the Board of Commissioners.
Section VIII.
Humboldt Bay Harbor, Recreation and Conservation District Tariff Advisory Committee
(a) There is established a Humboldt Bay Harbor, Recreation and Conservation District Tariff Advisory Committee.
(b) The Members of the Committee shall consist of seven members appointed by the President of the Board of Commissioners of the Humboldt Bay Harbor, Recreation and Conservation District from among residents of the District with demonstrated expertise in international trade, shipping, commerce and maritime affairs. The President shall likewise appoint two commissioners to serve as ex officio members of the Advisory Committee. The members of the Committee may elect the Committee Chairperson. Each member shall serve on the committee for a term of two years subject to reappointment by the Board President. Initial appointments would be as follows: Three (3) appointments for 1-year terms and four (4) appointments for 2-year terms, thereby staggering the length of the appointments. No member may serve on the committee for more than two consecutive terms.
(c) The Committee shall advise, and make recommendations to, the President and Board of Commissioners concerning any matter referred to the Committee by the Board within the jurisdiction of the Harbor District tariff adopted by the Commission by Ordinance, including harbor improvement surcharge and tariff rate setting but excluding review of lease agreements or other agreements subject to approval by the Board, modification to accommodate future navigation projects, amendment or termination after payment in full of all outstanding indebtedness, and release of all encumbrances, associated with harbor improvements for which receipts from fee assessment and collection are used to pay debt service or otherwise used to satisfy those financial obligations.
(d) The Committee shall adopt rules of procedure, and maintain books and records, consistent with Commission rules and shall file no later than March 31st of each year an annual report of the Committee's activities for submission to the Board.
(e) Members of the Committee serve without compensation.
THIS ORDINANCE PASSED AND ADOPTED THIS 28 TH DAY OF AUGUST 1997, BY THE BOARD OF COMMISSIONERS OF THE HUMBOLDT BAY HARBOR, RECREATION, AND CONSERVATION DISTRICT BY THE FOLLOWING POLLED VOTE:
AYES: COMMISSIONER SMITH, COMMISSIONER CURLESS, COMMISSIONER FRITZSCHE, COMMISSIONER HUNTER
NOES:
ABSENT: COMMISSIONER OLLIVIER
Dennis G. Hunter, President
Board of Commissioners
ATTEST:
Ronald Fritzsche, Secretary
Board of Commissioners
CERTIFICATE OF SECRETARY
The, undersigned, duly qualified and acting Secretary of the Humboldt Bay Harbor, Recreation, and Conservation District, does hereby certify: That the attached Ordinance is a true and correct copy of Ordinance No. 15, entitled: Ordinance No. 15 enacting General Tariff No. 1, establishing rules, regulations, charges, and fees, including harbor improvement surcharges on vessels and cargo in connection with the Humboldt Harbor and Bay 38 Foot Deep Draft Navigation Improvement Project ( the "Project") within the jurisdiction of the Humboldt Bay Harbor, Recreation, and Conservation District (the "Ordinance") adopted at a legally convened meeting of the Board of Commissioners of the Humboldt Bay Harbor, Recreation, and Conservation District, duly held on the 28th day of August, 1997; and further that such Resolution has, been fully recorded in the Journal of Proceedings in my office and is in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this 28 TH day of August, 1997.
Ronald Fritzsche, Secretary
Board of Commissioners
HUMBOLDT BAY HARBOR, RECREATION
AND CONSERVATION DISTRICT
AMENDMENT NO. 5 TO ORDINANCE 15
THE BOARD OF COMMISSIONERS OF THE HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT DOES HEREBY AMEND ORDINANCE 15, SECTION 3 – PILOTAGE, AS FOLLOWS:
Page 3, Section 2.1 Pilotage on Humboldt Bay (h) change to read:
“h. There shall be two Pilots plus additional Pilots as conditions warrant.”
PASSED AND ADOPTED THIS 11 TH DAY OF JULY, 2001 BY THE BOARD OF COMMISSIONERS OF THE HUMBOLDT BAY HARBOR, RECREATION AND CONSERVATION DISTRICT BY THE FOLLOWING POLLED VOTE:
AYES:
NOES:
ABSENT:
_________________________ RON FRITZSCHE, President
ATTEST:
_______________________
ROY CURLESS, Secretary