Title
Regulation of Cavite Harbor Vessels
Law
Act No. 238
Decision Date
Sep 24, 1901
Act No. 238 grants the admiral of the United States Navy jurisdiction over Cavite Harbor, establishing rules for vessels berthing in the harbor and imposing fines for non-compliance.

Appointment of Harbor Supervisors

  • The Admiral is empowered to appoint a line officer of the U.S. Navy as supervisor of the harbor.
  • The supervisor manages berthing of all vessels except U.S. naval ships and enforces the Act's provisions.
  • A deputy supervisor, also a line officer, may be appointed to assist and share the supervisor's powers.

Permission and Notification for Berthing

  • Any vessel other than U.S. naval ships must obtain permission from the Captain of the Port of Manila to berth within the harbor limits.
  • The Captain of the Port must notify the senior naval officer afloat at Cavite about the vessel's arrival time, name, length, and draft.
  • Vessels forced to enter the harbor urgently without prior permission may berth in accordance with the Act's provisions.

Berthing Procedures and Vessel Movements

  • The harbor supervisor directs the berthing of all vessels and the enforcement of the Act.
  • All vessels must be met by a steam launch or tug upon entering and be escorted to proper berths.
  • Vessels not met upon entry can temporarily anchor in any open berth but must keep steam up and be ready to move.
  • Vessels may be directed by the supervisor to moor if deemed advisable.
  • During typhoons or heavy weather, vessels must have steam up and be ready to move.

Prohibited Activities and Harbor Cleanliness

  • Dumping of ashes or refuse within the harbor is prohibited.
  • The supervisor provides lighters to remove refuse and charges vessels for this service.
  • If weather prevents lighters from coming alongside, refuse must be retained onboard until conditions improve or the vessel leaves.
  • Sinking obstructions like wrecks, lighters, or other navigation hindrances is forbidden.
  • Such obstructions must be removed by the supervisor at the expense of those responsible.

Penalties for Violation

  • Failure to comply with these regulations or future rules issued by the Admiral incurs fines: $50 for the first offense, $100 for subsequent offenses (U.S. currency).
  • Fines are payable by the vessel's master, owner, or agent to the Captain of the Port and accounted as insular funds.
  • Non-payment of fines results in notification to the Collector of Customs who will refuse vessel clearance and may revoke the vessel's charter or trade license.
  • Vessels of the U.S. Quartermaster's Department are exempt from fines but are subject to disciplinary action by the Military Governor or harbor use restrictions.

Effective Date and Enactment

  • The Act took immediate effect upon passage on September 24, 1901.
  • The enactment was expedited to serve the public good, in accordance with legislative procedures of the time.

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