Key Points on the Maritime Security Rules That Just Went Into Effect

1) Some charter vessels may have to install an automatic vessel tracking system (Automatic Identification System) at a purchase cost of approximately $9,330 each. Vessels impacted by AIS include passenger vessels certified to carry 50 or more passengers, be greater than 65 feet in length, and either operate in or transit certain waters where the U.S. Coast Guard maintains vessel traffic control managers (Vessel Traffic Services), OR the vessel operator needs to report certain information concerning the vessel's direction to the Coast Guard traffic control managers (Vessel Movement Reporting System).

Vessel Traffic Services (VTS) or Vessel Movement Reporting System (VMRS) areas and compliance dates:

December 31, 2003 within VTS St. Mary's River;

July 1, 2004, within VTS Berwick Bay, VMRS Los Angeles/Long
Beach, VTS Lower Mississippi River, VTS Port Arthur and VTS Prince William Sound;

December 31, 2004 within VTS Houston-Galveston, VTS New York, VTS
Puget Sound, and VTS San Francisco.

2) Written Security Plans for the vessel and its staff are required for certain charter vessels, including passenger vessels carrying more than 12 passengers on an international voyage, which in this case means between the United States and a port outside of the U.S. These vessel operators must make a written assessment of their vessel's chances of being used by terrorists, make plans to protect their vessel from being used in an terrorism incident, and either hire a new person or assign the extra responsibility to a crew/staff member as the vessel security officer in charge of developing the written plans and ensuring the staff understands the plan and their roles in it. These vessel security plans could also require anyone servicing the vessel (any repair or maintenance company, vending personnel, etc) to also under go training.

3) Both un-inspected and inspected small passenger vessels are now subject to expanded security oversight by the Captain of the Port, or COTP. This control permits placing additional security requirements on vessels based on local needs and security levels.

4) Facility Security Plans for facilities and staff are required for
marinas, harbors and ports that receive at least one vessel certified to carry 150 or more passengers. As currently written, this would include mixed-use waterfront communities encompassing a marina or harbor, along with shops, restaurants, clubs and other businesses. It also includes privately owned docking facilities that may receive a 150+ passenger vessel chartered for a special event. The facility owners must make a written assessment of their facility's chances of being used by terrorists; make plans to protect their facility from being used in a terrorism incident, including limiting or restricting public access, constructing fences and gates, etc.; and ensuring that facility staff, boat owners, customers and other users understand the plan and their roles in it.

5) Since this rule is affected by a homeland security bill passed by
Congress, expansion of these rules to cover all vessels was discussed at a public meeting on July 23, where NACO Chairman, Captain Bob Zales, II and Vice Chairman, Captain Ed O'Brien were in attendance.

Captain Zales provided testimony for NACO on all 6 interim rules.

The rule states that: "The Coast Guard is currently working with other agencies of DHS (e.g., TSA) and other federal agencies to assess the security requirements of these other vessels and facilities located on or adjacent to waters subject to the jurisdiction of the U.S. The interim rules published on July 1, 2003, especially the applicability sections of parts 104, 105 and 106, do not exhaust the types of vessels and facilities that may be regulated under the MTSA." [FR 39249] The Coast Guard expects that final decisions on additional vessels will be determined by late November.

NACO has been working closely with the Coast Guard and other industry
trade groups in our advocacy role to ensure that the interests of the charter industry are well represented, and that the burden on marine charter operations are minimized. If you need a copy of the entire rule, please contact NACO and we will email to you.

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