[Federal Register Volume 62, Number 124 (Friday, June 27, 1997)]
[Notices]
[Pages 34697-34702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16806]
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DEPARTMENT OF DEFENSE
Department of the Army; Corps of Engineers
Humboldt Bay Harbor, Recreation and Conservation District's
Proposed Ordinance No. 15 Establishing General Tariff No. 1 for the
Humboldt Harbor and Bay Deepening, California Project
AGENCY: U.S. Army Corps of Engineers, DOD.
ACTION: Notice.
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SUMMARY: The attached Humboldt Bay Harbor, Recreation and Conservation
District's proposed Ordinance No. 15 establishing General Tariff No. 1
was developed as one of the several methods to fund the local (i.e.,
non-Federal) share of the Federal Humboldt Harbor and Bay Deepening, CA
project. The Federal project was authorized in the Water Resources
Development Act (WRDA) of 1996 and is scheduled to begin construction
in the fall of 1997. Publication of the attached General Tariff in the
Federal Register is pursuant to Section 208 of WRDA 1986 (33 U.S.C.
2236(a)(5)(B)).
FOR FURTHER INFORMATION CONTACT: Questions regarding the General Tariff
may be directed to Mr. David Hull, Chief Executive Officer, Humboldt
Bay Harbor, Recreation and Conservation District (707) 443-0801.
[[Page 34698]]
SUPPLEMENTARY INFORMATION: None.
Richard G. Thompson,
Lieutenant Colonel, Corps of Engineers, District Engineer.
HUMBOLDT BAY HARBOR USGAE FEE ORDINANCE
HUMBOLT 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. enacting General Tariff No. 1,
establishing rules, regulations, charges, and feees, including
harbor usage fees on vessels and cargo in connection with the
Humboldt Harbor 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.
(c) Public access to safe, efficient marine transportation, and
an econonomically 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 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.
(j) The District intends to discharge those responsibilities
insofar as providing 32 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. Humboldt Bay Harbor, Recreation, and Conservation District
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 __________, 1997 in the Federal Maritime
Commission's Automated Tariff Filing and Information System.
(Organization __________, 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: __________, 1997
Effective: __________, 1996.
CHECK SHEET
Page __________Revision
Title__________Original
Table of Contents
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Plan of tariff Page No.
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Correction Number Check Sheet............... 1.
Table of Contents
Standard Terms and Conditions
Harbor Rules and Regulations................ Reserved.
Pilotage and Towage Regulation
Harbor Police, Fire Protection, Oil Spill... Reserved.
Response, Sanitary and other services....... Reserved.
Miscellaneous Services, Rates, and
Conditions.
[[Page 34699]]
Subject..................................... Item.
STANDARD TERMS AND CONDITIONS--SECTION 1
Access to documentation
Application and interpretation of tariff
Collection and enforcement
Consent to terms of tariff
District Boundaries and Jurisdiction
Harbor usage fee
Late charges
Liability for fees
Liability, indemnity
Payment of usage fees
Records and accounts
Security for payment of fees
Usage, user defined
HARBOR RULES AND REGULATIONS--SECTION 2..... Reserved.
PILOTAGE AND TOWAGE REGULATION--SECTION 3... Reserved.
HARBOR POLICE, FIRE PROTECTION, OIL SPILL Reserved.
RESPONSE, SANITARY AND OTHER SERVICES--
SECTION 4.
PERMITS AND FACILITIES RULES, REGULATIONS Reserved.
AND RATES--SECTION 5.
MISCELLANEOUS SERVICES--RATES AND
CONDITIONS--SECTION 6
Harbor usage fee
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General Tariff No. 1, Section No. 1, Standard Terms and Conditions
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Item and subject Application
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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
usage fee 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 usage charge.
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 usage charge.
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 for harbor usage
fees 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 for fees on cargo
loaded on board or
discharged from a vessel at
a wharf, dock or terminal
facility within the
District.
[[Page 34700]]
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 Rates, rules, terms,
tariff. 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 usage fees...................... Except as otherwise exempted
herein, all users of
waters, premises or
facilities of the District
as described in items 1-3
shall pay harbor usage fees
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.
Harbor usage fees 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 usage fee described
in Section 6. In addition
vessels with design drafts
of 20 feet or less are
exempt from harbor usage
fees.
7 Payment of usage fees.................. Harbor usage fees 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 change 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
invoice or accrued fees
until those claims have
been legally established by
a court of competent
jurisdiction.
[[Page 34701]]
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 usage fees
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
chargers or enforce any
provision of this tariff,
the District may recover
its expenses incurred in
any such proceeding
including actual attorneys
fees, litigation expenses
and costs, 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
failure, 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.
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[[Page 34702]]
Miscellaneous Services--Rates and Conditions--Section 6
------------------------------------------------------------------------
Item and subject Rates and conditions
------------------------------------------------------------------------
14 Harbor Usage fees..................... a. Vessels--$10.0 per foot
of draft based upon
reported sailing draft at
time of departure.
b. Cargo--$0.15 per short
ton or $0.1653 per metric
ton.
------------------------------------------------------------------------
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
usage fee 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
usage fee, 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 Usage Fee
Under 33 U.S.C. 2236(a)(5) a public hearing on the proposed
harbor usage fee 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, Samoa-Woodley Island
Marina, Eureka, CA 95502-1030
Section VI. Designation of Official and Setting Deadline for Receipt of
Comments Concerning Proposed Harbor Usage Fee
Under 33 U.S.C. 2236(a)(6) public comments concerning the
proposed harbor usage fee 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 20, 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 usage
fee.
Section VII. Effective Date
This Ordinance is effective thirty days following final adoption
by the Board of Commissioners.
THIS ORDINANCE PASSED AND ADOPTED THIS ________ DAY OF
________1997, BY THE BOARD OF COMMISSIONERS OF THE HUMBOLDT BAY
HARBOR, RECREATION, AND CONSERVATION DISTRICT BY THE FOLLOWING
POLLED VOTE:
AYES:
NOES:
ABSENT:
Dennis G. Hunter,
President Board of Commissioners.
ATTEST:
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., entitled: Ordinance No. enacting General
Tariff No. 1, establishing rules, regulations, charges, and fees,
including harbor usage fees 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 day of ________, 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 ________
day of __________, 1997.
Ronald Fritzsche, Secretary
Board of Commissioners.
HARBOR RULES AND REGULATIONS--SECTION 2
Anchoring, mooring, docking, and movement of vessels
Bilge pumping and discharge
Bulkhead and pier line
Construction on tidelands and submerged lands
Dayshapes and vessel lighting
Derelict vessels
District boundaries and jurisdiction
Dredging and filling in navigable waters, permits
Endangerment
Environmental
Hazards to navigation
Humboldt Bay Harbor Master Plan
Leasing of tidelands and submerged lands
Lightering
Manifests
Marking of wrecks, obstructions to navigation
Obstruction to navigation
Oily discharge
Oil spill reporting, cleanup, and response
Personal watercraft
Potable water
Recreation
Rules of the road
Ship emergency response
Stevedoring services
Vessel movement reporting
Vessel traffic monitoring and control
Wildlife habitat
Wreck removal
Zoning
PILOTAGE AND TOWAGE REGULATION--SECTION 3
Fees
Harbor safety committee
Indemnity
Liability
Licensing
Pilotage regulation
Qualifications
Suspension, revocation, reinstatement
Towage
Tug escort
HARBOR POLICE, FIRE PROTECTION, OIL SPILL RESPONSE, SANITARY AND OTHER
SERVICES--SECTION 4
Fees
Joint powers, mutual aid, mutual assistance agreements
Marine pollution protection
Oily waste disposal
Vessel pumpout facilities
PERMITS AND FACILITIES RULES, REGULATIONS AND RATES--SECTION 5
Bonded warehouse
Breakwater
Bunkering
Channel maintenance and construction
Demurrage
Dockage
Drayage
Dry stack storage
Equipment use, rental
Fish landing, reception, and processing
Marina rules and regulations
Permits, administrative, emergency, special use, procedure
Rail
Service and facilities charges
Slip rentals
Tug
Towage
Turning basins
Warehousing
Wharfage
Wharfinger
MISCELLANEOUS SERVICES--RATES AND CONDITIONS--SECTION 6
Export services
Export service fees
Export trading company
Foreign trade zone
Harbor usage fees
Oil spill response fee
[FR Doc. 97-16806 Filed 6-26-97; 8:45 am]
BILLING CODE 3710-19-M
