Facilities

Rule No. 34-C01 Governing Authority & Jurisdiction Revision: Original Issue: January 1, 2002 Effective: January 1, 2002 Governing Authority: The Canaveral Port Authority is an Independent Special Taxing District created by the State of Florida. It has jurisdiction over and control of Port Canaveral including all wharves, sheds, warehouses, terminals, slips and upland areas and all other property operated by it. It has the power to fix and regulate rates, charges, rules and regulations for the use of these facilities. The administration, operating and maintenance of the Canaveral Harbor District is governed by a duly elected Board of Commissioners of the Canaveral Port District, and is under the direct supervision of an Executive Director appointed by said Board of Commissioners. Jurisdiction: Jurisdiction for any action whether in law or equity and whether founded in contract or in tort, brought by any user against the Canaveral Port Authority arising from or incidental to the user’s operations on property of the Canaveral Port Authority and/or its use of Canaveral Port Authority’s services or facilities, shall lie exclusively in the Circuit Court of the Eighteenth Judicial Circuit, in and for Brevard County, Florida. Use of Canaveral Port Authority’s facilities or receipt of its services by any user shall constitute that user’s consent to jurisdiction and venue in accordance with this Rule 34-C01 and constitute that user’s waiver of jurisdiction or venue in any other location or forum. This Rule 34-C01 does not apply to any action by any user against the Canaveral Port Authority which may be instituted pursuant to an Act of the Congress of the United States that expressly designates the jurisdiction in which such action shall be prosecuted, and from which the Canaveral Port Authority would not have sovereign or eleventh amendment immunity. Rule No. 34-C02 Application of Tariff Revision: Original Issue: January 1, 2002 Effective: January 1, 2002 The rates, rules and regulations contained in this tariff shall apply equally to all users of and all the traffic on the waterways and facilities of Port Canaveral owned and operated and under the jurisdiction of the Canaveral Port Authority; except where inconsistent with express provisions of leases for space and facilities to private persons. The Canaveral Port Authority shall be the sole judge as to the application and interpretation of this tariff and supplements hereto. Contact the Business Development Department for copies, questions or new commodity listings. Rule No. 34-C03 Government Vessels Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 At the direction of Canaveral Port Authority, Government vessels not engaged in commerce may be exempted from the charges shown in this tariff or a reduction in rates or charges may be granted. Rule No. 34-C04 Consent of Terms of Tariff Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 The use of the waterways and facilities under the jurisdiction of Canaveral Port Authority shall constitute a consent to the terms and conditions of this tariff, and the rules and regulations of the Canaveral Port Authority, as the same exist at the time of each such use; and such use shall evidence an agreement on the part of the agents, and other users of such waterways and facilities, to pay all charges specified in this tariff, and be governed by all of said tariff terms and conditions and rules and regulations. Rule No. 34-C05 Reports and Controls Revision: First Issue: April 24, 2003 Effective: April 24, 2003 All agents desiring a berth for a carrier at a Canaveral Port Authority commercial wharf shall as far in advance of docking as possible (minimum 24-hours), make application to the Harbor Master, specifying the date and time of docking, approximate sailing date, and time of sailing, the nature and quantity of cargo to be handled, and the name and registration or enrollment of the vessel. Failure to make proper notification could result in delay of vessel arrival. All vessels using a Canaveral Port Authority commercial wharf shall notify the Harbor Master of their actual expected arrival time at Port Canaveral as well as any subsequent change thereof; and such notice shall be given by all vessels as far in advance as is reasonably possible to facilitate ship movements and coordination and arrangement of Port service for incoming vessels. Every Master and any vessel arriving at Port Canaveral desiring to use a Canaveral Port Authority commercial wharf shall report to the Harbor Master or his assistant for the pre-assigned station, or berth for the vessel. The Harbor Master shall regulate and/or supervise the stationing of all vessels at the wharves; and he shall remove or cause to be removed, from time to time, all vessels not employed in receiving or discharging cargoes or passengers to make room for such others as required to be more immediately accommodated for the purpose of receiving/discharging their cargoes or passengers, and to facilitate their dispatch. The Harbor Master shall have full and absolute power to determine how far and in what instance it is the duty of masters, and others having charge of vessels, to accommodate each other in the respective situations. Before sailing from a Canaveral Port Authority commercial wharf, all vessels shall notify the  Harbor Master of the vessel departure time and obtain approval of such departure time from him as far in advance of the actual departure time as is reasonably possible to facilitate ship movement and coordination. Further, all vessels shall, within two (2) working days after sailing, or completion of cargo operations, report to the Accounts Receivable Manager of the Canaveral Port Authority all cargo loaded into or discharged from such vessel. Such reports shall be in the form of copies of the ship manifest or certified statements, and shall show numbers of units, commodities, and all other information which the Canaveral Port Authority deems necessary for the compilation of commercial statistics or for other purposes. Failure to provide the required reports within the designated time period may result in penalties against the ships agent of $50 per day of delay at the sole determination of the Executive Director. Without limiting the other applicable provisions of said tariff by this specific reference, all vessels having a length of 200 feet or more must obtain the advance permission of the Harbor Master before entering or departing the ship channel or harbor waters at Port Canaveral, Florida. Rule No. 34-C06 Reservations for Vessels Other than Cruise Revision: Original Issue: January 1, 2002 Effective: January 1, 2002 The Canaveral Port Authority will accept requests for advance reservations for vessels engaged in the shipment of perishable items between October and May of the fruit season. Preferred berthing will be on a “first come, first served basis” with protection of day or days for berth location and specialized facilities. Advanced reservations for Liner service, preferential berthing will be on a “first come, first served basis” and will protect a day or days for berth and specialized facility. Advance arrangements are to be made by the agent with the Executive Director or his designated representative, subject to provisions as follows: A. Reservations are to be made as far in advance as possible, confirmed seven (7) days prior to vessel arrival, and reconfirmed three (3) days prior to vessel arrival. B. Reservations will include agreement as to time on berth. A vessel that fails to meet its departure on schedule may be required by the Executive Director to shift its position to another location in order to accommodate the arrival of another vessel holding a berthing reservation. C. A vessel arriving earlier or later than agreed or a vessel requiring more time at the terminal than agreed will be adjusted to the extent possible consistent with advance commitments to other vessels made by the Canaveral Port Authority. D. All other vessels will be berthed on a "first come first serve" basis consideration give specialized facilities. NOTE: SEE RULE 34-C32 RESERVATIONS FOR CRUISE VESSELS Rule No. 34-C07 Access to Records Revision: Original Issue: January 1, 2002 Effective: January 1, 2002 All vessels, their owners or agents, and all other users of the waterways and facilities, shall be required to permit access to manifests of cargo, passenger, railroad documents and all other documents by the Executive Director, for the purpose of audit for ascertaining the correctness of reports filed or for securing necessary data to permit correct estimate of charges. Rule No. 34-C08 General Restrictions & Limitations Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 The Canaveral Port Authority is not obligated to provide storage or accommodation for property which has not been transported nor is intended to be transported by water to or from the port; nor is it obligated to provide dockage, wharfage, storage, or other services beyond reasonable capacity of the facilities; nor is it obligated to provide extended storage for any property in the course of normal operations, beyond a period of time determined by the Executive Director. The Canaveral Port Authority is not obligated to accept any cargo, either inbound or outbound, which is not compatible with the accepted objectives of the Port and the established assurances to the community. The refusal of any such cargo is discretionary with the Executive Director. Rule No. 34-C09 Payment of Bills Revised: Original Issued: January 1, 2002 Effective: January 1, 2002 All charges under this tariff are due as they accrue and are payable upon presentation of invoices payable in U.S. funds only. The Canaveral Port Authority reserves the right, in any event of delay or failure to pay invoices as presented, to demand payment of charges in advance before further services will be performed or facilities used, or before freight upon which charges have accrued will be delivered. The Canaveral Port Authority does not recognize the numerous shippers and consignees and cannot attempt to collect or assist in collecting wharfage, wharf demurrage, and similar bills, which may be passed on to the shippers and consignees by the vessel, its owners or agents, and said bills must be paid when presented regardless of when the vessel, its owners or agents are reimbursed. The Canaveral Port Authority reserves the right to estimate and collect all charges in advance which may accrue against a vessel, its owners or agents, or against the cargo loaded or discharged by a vessel, or from other users of the facilities. Use of the facilities may be denied until such advance payments or deposits are made. Agents are responsible for collection and payment of all charges to the Port Authority. All dry bulk and neo-bulk shipments with no prior credit history with the Port will be required to pay in full wharfage charges prior to vessel departure or removal of freight from Port or leased properties. All vessels landing goods on the wharves or piers, or receiving goods by pipeline, or delivering or receiving goods from vessels while said vessels are berthed at a wharf, dock or pier on the waterways, thereby contract to pay and are responsible for the wharfage charges on such goods at the rates provided herein. Wharfage charges will be billed and collected from agents unless satisfactory arrangements to handle otherwise have been made with the Executive Director prior to arrival of vessel. Rule No. 34-C10 Violations and Delinquent List Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 In addition to the other remedies provided by the rules and regulations of the Canaveral Port Authority for violation of these tariff terms and conditions, the carrier, vessel, owner, shipper, receiver and/or agent who shall violate any of the terms and conditions of this tariff or who shall fail to pay any bills hereunder when presented, shall be placed on a delinquent list. Any accounts with an outstanding balance over 60 days will receive a cash basis letter and those accounts will remain on a cash basis for all future activity until their account is within 60 days. If an account receives more than 3 cash basis letters within a 12 month period, it will become necessary for that account to post a bond as set forth in Tariff #11, Rule 34-C22, and will continue to carry a bond for 12 months from the date of the third cash basis letter. If an account on cash basis fails to comply with the above, they will be denied the use of Port facilities by the Canaveral Port Authority until such violation is corrected or until said charges due are paid, as the case may be. Nothing herein shall act to preclude the Canaveral Port Authority from exercising any and all of its legal remedies at anytime to recover accounts or monies due. Rule No. 34-C11 Delinquent Charges Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 All bills unpaid on the 30th calendar day following the day on which the invoice was issued or the debt was due is delinquent. Delinquent accounts shall incur (as liquidated damages) a late charge of one and one-half percent (1-1/2%) for each month, eighteen percent (18%) per year, simple interest, on any portion of said bill which remains delinquent. Rule No. 34-C12 Damages to Port Property or Property of Others Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 Users of the facilities of the Canaveral Port Authority shall be held responsible for all damage to its property caused by the users and any such damage shall be repaired by the Canaveral Port Authority and billed against the user responsible for such damage at cost plus 20%. Rule No. 34-C13 Liability for Loss or Damage Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 The Canaveral Port Authority shall not be responsible for personal injuries or death or loss or damage to freight or property of others occurring on its property or facilities in the absence of negligence on the part of the Canaveral Port Authority. No provision or rule relieves or limits the Terminal Operator’s liability for its own negligence. Rule No. 34-C14 Cleanliness Revision: First Issued: April 24, 2003 Effective: April 24, 2003 All vessels, their owners or agents, and all other users of the facilities, shall be held responsible for cleaning the property which they or any of them have been allowed to use, assigned or leased to them, or any of them including piers, adjacent aprons and gutters, as directed by the Executive Director.

For a printable version of these rules please click here Rule No. 34-C15 Explosives Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 Explosives and hazardous or highly inflammable commodities or material may be handled over, or received on the wharves or other facilities of the Canaveral Port Authority by special arrangements with and at the option of the Executive Director; subject to federal, state and local laws, ordinances, rules and regulations and approval from the U. S. Coast Guard. Rule No. 34-C16 No Smoking Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 It shall be unlawful fo any person to smoke or light any match upon the port wharves or in the immediate vicinity of vessels containing, loading or discharging explosives or dangerous cargo and /or any other area where such is prohibited by the Canaveral Port Authority, the Fire Department, or the U. S. Coast Guard. Rule No. 34-C17 Loitering Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 It shall be unlawful for any person to loiter upon the properties of the Canaveral Port Authority. It shall be unlawful for unauthorized persons to enter passenger terminals, cargo movement or storage areas. Rule No. 34-C18 Change of Location of Vessels Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 Any vessel, boat, barge or other water craft, must at all times have on board a person in charge with authority to take such action in any actual emergency as may be necessary in order to facilitate common navigation or commerce or for the protection of other vessels or property. The Executive Director or Harbor Master is hereby authorized and directed to order and enforce the removal or change of location of any vessel, boat, barge or other water craft at its own expense, to such place as the Executive Director or Harbor Master may direct, for the purpose of facilitating navigation or commerce, or for the protection of other vessels or property, and it shall be unlawful for the Master, owner or agent of such vessel to fail, neglect or refuse to obey any such orders of the Executive Director or Harbor Master. If there is no responsible person available, or if theperson in charge refuses to shift the vessel as directed, the Canaveral Port Authority shall have the vessel shifted at the risk and expense of the vessel. Rule No. 34-C19 Vehicle on Facilities Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 It shall be unlawful for the owner or the driver of any automobile, truck, trailer or other vehicle, to allow same to remain parked on any wharf, apron or on the inside of any wharf, transit shed or warehouse, or any roadway on the Port facilities, for a longer period than is necessary to load or unload its cargo or its passengers. Any vehicle in violation of this tariff item may be towed away and stored at the owner’s expense. The Canaveral Port Authority shall assume no responsibility for charges or damages for removal and/or storage. Rule No. 34-C20 Wharf Obstruction Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 Stevedore’s tools, appliances and equipment, vehicles, or any other material or object which is not part of the cargo will not be permitted to remain or be stored on the aprons wharves, wharf premises, driveways, roadways, or other locations that would hamper normal Port operations without approval of the Executive Director. If it be ordered removed and is not removed, such material will be removed and stored at cost plus 50%. Rule No. 34-C21 Insurance Revision: First Issued: April 24, 2003 Effective: April 24, 2003 The rates and charges published herein do not include insurance of any nature. Users of Port facilities required to have a permit to operate from the Canaveral Port Authority are required to carry an insurance policy with minimum policy limits, as stated below, and with the Canaveral Port Authority named as additional insured. Commercial General Liability $1,000,000         Combined Single Limit Bodily Injury, Personal Injury and Property Damage,          each occurrence Umbrella Liability Coverage $1,000,000 each occurrence Workers Compensation - statutory Longshoreman & Harbor Workers - statutory Certificates of insurance to be furnished to the Executive Director. (This includes all cargoes stored in Port owned, leased or operated warehouses.) See also Rule 34-H11.   Rule No. 34-C22 Indemnity Bond Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 Users of the Port facilities are required to furnish the Canaveral Port Authority with an Indemnity Bond, insuring the Canaveral Port Authority against loss of any funds and indemnifying the Canaveral Port Authority in full for the payment of bills that accrue as a result of dockage, cargo and passenger wharfage, water sales, storage, rentals, leases, warehousing, wharf demurrage, electric current and any other charges that may accrue for services rendered by the Canaveral Port Authority. The Executive Director is authorized to determine and fix the amount of the required Indemnity Bond. The Executive Director is also authorized to designate the persons who shall be required to post the bond required by this section. Rule No. 34-C23 Abandoned Cargo Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 Any cargo on which charges have not been collected within 90 days shall be considered abandoned cargo. The Canaveral Port Authority reserves the right to remove any or all such property to another part of the premises, or remove it and place it in storage off the premises of the Canaveral Port Authority at the risk and expense of the owner. The Canaveral Port Authority may retain possession of the property until all charges have been paid. When the Executive Director determines final abandonment of cargo in any instance, he shall dispose of same. Rule No. 34-C24 Damage to Facilities Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 All vessels, their owner or agents, and all other users of the facilities shall be held responsible for all damage to the facilities occasioned by them. The Canaveral Port Authority may detain any vessel or other watercraft responsible for damage to the facilities until sufficient security has been given for the amount of the damage. It shall be the responsibility of the users of the facilities to report any damages occasioned by them to the Canaveral Port Authority immediately Rule No. 34-C25 Emergencies Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 Anyone on the Port property at any time becoming aware of an emergency situation of any nature should notify a responsible Canaveral Port Authority representative by the fastest means, while taking such immediate action as may be appropriate. In case of fire on board a vessel docked in port, such vessel shall sound repeated long blasts of its whistle or siren, each blast to be from four to six seconds duration, to indicate a fire on board, or on the wharf at which the vessel is berthed. Rule No. 34-C26 Signs Revisions: Original Issued: January 1, 2002 Effective: January 1, 2002 Painting signs on structures belonging to the Canaveral Port Authority is prohibited without prior approval. Signs to be erected on the Port shall be furnished by the Port users and erected or placed by the user after the Executive Director shall have approved the design material and size of said signs. All signs shall be uniform. Rule No. 34-C27 Solicitation Revisions: Original Issued: January 1, 2002 Effective: January 1, 2002 It shall be unlawful for any person to solicit or carry on any business on property of the Canaveral Port Authority without first obtaining authorization from the Executive Director and will be subject to having required occupational licenses. Rule No. 34-C28 Watchmen Revisions: First Issued: January 22, 2004 Effective: January 22, 2004 It is the responsibility of all Port users to furnish their own watchmen when they have cargo and other property on Port premises which has high susceptibility to theft; watchmen so employed must have prior clearance by the Canaveral Port Authority. It may be determined that a user of Port Canaveral’s cargo or cruise areas will be required to utilize Canaveral Port Authority Security personnel to attend activities. Activities include, but are not limited to use of port facilities such as the Commission Room and/or the staging of export cargo at certain gate areas. Determination of this requirement will be made by the Executive Director or his designee. For rates, see Rule No. 34 -H09 “Security Services”. Rule No. 34-C29 Business Hours Revisions: Original Issued: January 1, 2002 Effective: January 1, 2002 The normal working hours of the Port Terminal shall be from 8:00 a. m. to 5:00 p. m. Monday through Friday, holidays excepted. Work performed at hours other than stated will be subject to overtime charges. Rule No. 34-C30 Security Searches Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 All commercial and personally-owned cars, vans, trucks and towed vehicles are subject to inspection by the Canaveral Port Authority security personnel upon entering and leaving all areas protected by guard gates in the Port Authority. Rule No. 34-C31 Salvage Operation Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 Prior to the commencement of salvage operations, individuals and/or businesses desiring to perform salvage operations within the waters of Port Canaveral, will be required to furnish the Canaveral Port Authority with a performance bond, ensuring that the salvage operation will be performed expeditiously and to the satisfaction of the Canaveral Port Authority. The Executive Director is authorized to determine and fix the amount of the required performance bond on a case by case basis. Rule No. 34-C32 Reservations for Cruise Vessels Revision: Original Issued: January 1, 2002 Effective: January 1, 2002 The Canaveral Port Authority will accept requests for advance reservations for cruise vessels on a “first come, first served basis” and will protect a day or dates for berth and specialized facility. Advance arrangements are to be made by agent with the Executive Director or his designated representative, subject to provisions as follows: A. Reservations are to be made as far in advance as possible, confirmed seven (7) days prior to vessel arrival, and re-confirmed three (3) days prior to vessel arrival. B. Reservations will include agreement as to time on berth. A vessel that fails to meet its departure on schedule may be required by the Executive Director to shift its position to another location in order to accommodate the arrival of another vessel holding berthing reservation. C. A vessel arriving earlier or later than agreed or a vessel requiring more time at the terminal than agreed will be adjusted to the extent possible consistent with advance commitments to other vessels made by the Canaveral Port Authority. Rule No. 34-C33 Restricted Access Areas and Secure/No Trespass Zones Revision: Original Issued: March 20, 2002 Effective: March 20, 2002 In accordance with FSS 311.12, the Canaveral Port Authority, as governing body of Port Canaveral, has deemed certain areas of port land to be Restricted, thereby allowing limited access and others to be Secure/No Trespass Zones. Persons having business in restricted areas will be required to obtain a badge/permit from the Security Dept. of the Canaveral Port Authority. Secure/No Trespass zones include: (a) The entire West Turning Basin when any cruise vessel is present. (b) The area within 25 feet of all Canaveral Port Authority owned and operated piers, wharves and docks. (c) The area within 100 feet of any cargo or cruise vessel moored at any Canaveral Port Authority owned and operated pier, wharf or dock. See also, Rule 34-H11 for fee schedule. For additional information, call the Security Dept. at (321) 783-7277. Rule No. 34-C34 Underwater Diving Operations Revision: First Issued: April 24, 2003 Effective: April 24, 2003 Underwater diving operations are prohibited within the confines of Port Canaveral except when authorized by the Harbor Master*. For purposes of this Rule the confines of Port Canaveral are defined as including all water East of the Barge Canal Lock through the Jetties to the Atlantic Ocean. This regulation does not apply to waters under the control of the United States Navy, US Army Corps of Engineers or to the United States Coast Guard. * See also Rule 34-D15 Harbor Master