Navigating through U.S. By Dennis L. Holland & Knight, Washington, D.C. The U.S. Maritime Transportation Security Act (MTSA) imposes various maritime security requirements on operating in waters subject to the jurisdiction of the United States. Maritime security regulations promulgated by the U.S. Coast Guard implement some (but not all) of the MTSA requirements and impose some additional requirements. In other words, Congress has imposed various requirements on the owners and operators of ships navigating waters of the United States and the U.S. Coast Guard has not provided full guidance on how to comply with those legislative mandates.
News: USCG Oks Barge Security Plan
The American Waterways Operators' (AWO) Model Vessel Security Plan for the American tugboat, towboat and barge industry has been approved by the United States Coast Guard. AWO developed the security plan after 9/11 to protect people and property and prevent vessels from being used as weapons of mass destruction. The Model Plan was developed in close consultation with the U.S. Coast Guard and the U.S. Army Corps of Engineers by a special AWO Security Working Group. The Plan serves as a template for company-specific procedures to prevent terrorism in the categories of Awareness, Training, Personnel Practices, Planning, and Emergency Response. The plan lists both required and suggested actions to take, depending on the threat level, with regard to physical security, communications, and cargo.
USCG Issues Port Security Guidelines
The U.S. Coast Guard issued Navigation and Vessel Inspection Circular (NVIC) 9-02 entitled Guidelines for Port Security Committees and Port Security Plans Required for U.S. Ports Building on its Maritime Homeland Security Mission, the Coast Guard Headquarters has advised its field units on how to structure the Port Security Committees and how to develop Port Security Plans. By February 28, 2003, each Captain of the Port (COTP) is to conduct a preliminary port level security assessment in conjunction with the Port Security Committee. The assessment will provide the basis for finalizing the Port Security Plan. Source: HK Law
MARSEC Level Raised in New Orleans
The U.S. Coast Guard issued a Marine Safety Bulletin stating that the maritime security condition (MARSEC) within the New Orleans Captain of the Port COTP) zone has been elevated to MARSEC 2. Vessels and waterfront facilities should take appropriate measures to achieve that level of security. For those vessels and facilities without current security plans, reference should be made to the USCG Navigation and Vessel Inspection Circulars (NVICs) addressing Vessel Security Plans and Facility Security Plans respectively. The Bulletin did not explain the rationale for elevating the MARSEC level. Source: HK Law
USCG Approves E. N. Bisso & Son Security Plans
The United States Coast Guard has completed its review of E. N. Bisso & Son, Inc., security plans and compliance inspections of the company’s tugs. William Summers, the company’s Vice President, Operations, noted that all the on board inspections were very thorough and professional and that no discrepancies were identified. In explaining why the E. N. Bisso chose to develop a company and individual vessel security plans, Executive Vice President William McDonald said, “Harbor tugs are generally exempt from the requirement to have security plans. Summers explained that development of acceptable company and vessel security plans involved all company employees. “Our shore staff, as well as tug officers and crewmembers, provided input.
Coast Guard Reminds Community of Approaching Deadlines
The U.S. Coast Guard reminds members of the maritime community that security plans for vessels and facilities affected by the Maritime Transportation Security Act of 2002 are due to the Coast Guard by the end of this month, and warns that it may impose civil penalties for not complying with the requirement. The Coast Guard estimates that 10,000 U.S. flag vessels, 5,000 facilities and 50 outer continental shelf facilities are required to submit security plans by December 31, as detailed in rules published on July 1. Starting January 1, 2004, the Coast Guard will begin enforcing the security plan submission requirement. Failure to submit a plan is a violation of the MTSA rules and may result in a civil penalty of up to $25…
Government Update: Secure Marine Transportation ... Priceless?
In the Maritime Transportation Security Act (MTSA), signed into law on November 25, 2002, Congress directed the U.S. Coast Guard to, among other things, establish a vessel security plan requirement for appropriate vessels operating in United States waters. Congress broadly defined the vessels that should have security plans as those that the Secretary (of the Department in which the Coast Guard is operating) believes may be involved in a transportation security incident. A 'transportation security incident' is defined as a security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area.
Senate Passes CG Authorization Bill
The Senate passed the Coast Guard Authorization Act of 2004. Negotiations can now commence to resolve differences between this bill and the version adopted by the House of Representatives some time ago. The major difference between the two bills regards security plans for foreign vessels subject to the ISPS Code. The House bill would, in accordance with language in the Maritime Transportation Security Act of 2002 (MTSA), require such a vessel to submit its security plan to the USCG for review and approval. The Senate bill would deem such a vessel to be in compliance with the security plan provisions of the MTSA if it has a security plan that has been approved in accordance with the ISPS Code and operates in compliance with the plan.
AWO Develops Model Security Plan
The American Waterways Operator has developed a model vessel security plan in an effort to mitigate vessel vulnerabilities to terrorist attack. The goal of the AWO Model Vessel Security Plan is to protect people and property and prevent vessels from being used as weapons of mass destruction. The Plan was developed after 9/11 by a special AWO Security Working Group, in close consultation with the U.S. Coast Guard and the U.S. Army Corps of Engineers. It was recently approved by the AWO Board of Directors at the association's Spring Convention in Washington, D.C. Care, and Protection. AWO President Tom Allegretti noted, "In developing this Model Vessel Security Plan…
Coast Guard Receives Majority of Maritime Security Plans
The U.S. Coast Guard announced today that 90 percent of vessels and port facilities turned in security plans as required by the Maritime Transportation Security Act. Penalties are being issued to those that have not submitted any of the information required.“Security in America’s ports is a shared responsibility,” said Rear Adm. Larry Hereth, director of port security for the Coast Guard. “We have made tremendous progress protecting the ports, and we need everyone to continue that progress by meeting these requirements.”Though most have complied, the Coast Guard will be aggressively pursuing those who did not, and has begun issuing notices of violation with a $10,000 penalty.
IMO Updates ISPS Figures
The IMO released ISPS Code implementation figures as of June 16, 2004. To date, 39 governments have provided responses indicating 21,347 ships from those nations are subject to the ISPS Code; 16,570 ship security plans have been submitted to these governments; and 6,127 International Ship Security Certificates (ISSCs) have been issued. Of the 6,117 port facilities identified by these governments, 1,970 have submitted security plans and 663 have been approved. This data indicates that at least 22% of the ships and 67% of the port facilities of these 39 countries have little hope of timely compliance since they have not even submitted security plans for review. The News Release does not identify the 39 governments providing responses. This report updates an IMO News Release of June 11.
Maritime Cybersecurity: What Next?
The maritime community is no more immune from cyber threats than any other entity that relies on computers and the internet. The maritime industry, though, constitutes part of the world’s critical infrastructure. Thus, the consequences of a successful cyber-attack on a maritime entity could be far greater than a successful cyber-attack on, for instance, a bakery. Consequently, it is important that the maritime sector and its numerous constituents adopt reasonable measures to deter, detect, and recover from cyber-attacks. Currently, much of the world’s attention is focused on terrorism. Cyber-attacks by terrorists are a real threat and steps must be taken to counter them. More commonly, though, cyber-attacks are launched by criminals, nation-states, and corporate spies.
Hong Kong – maritime security update
The Hong Kong Marine Department issued a Press Release stating that security plans have been approved for 22 of the 31 Hong Kong port facilities subject to the ISPS Code. Security plans have been approved for 595 Hong Kong vessels and International Ship Security Certificates (ISSCs) have been issued to 287 of these ships. The Marine Department also issued a Notice stating that, effective 1 July, maritime security levels for Hong Kong will be posted on a special Internet site. Source: HK Law
Coast Guard, Other Agencies Participate in Response Exercise
The Coast Guard will lead a multi-agency response exercise this Saturday to implement the preparedness plans of federal, state and local agencies in the Port of Baltimore. Exercise Nautical Shield 2007, is designed to implement the Area Maritime Security Plan, Area Contingency Plan and the Coast Guard's mass rescue plan. The objectives of Nautical Shield 2007 are to exercise notification procedures, establish a unified command, keep the public and media informed, deploy resources to conduct on-water oil spill recovery operations and implement protection strategies outlined in security plans.
MARSEC Level Increased
As of April 15, 2013, the Captain of the Port of Boston has raised the MARSEC Level to MARSEC level 2 within the COPT Boston zone. Each owner or operator of a vessel or facility required to have a security plan under 33 CFR Parts 104 or 105 must notify the COTP at (617) 223-5242 within 12 hours of receipt of notification that measures or actions described in their security plan and any other requirements that may be imposed by the COTP that correspond with MARSEC Level 2 have been attained. Due to this heightened level of security, regulated vessels and facilities under the authority of the COTP and all maritime partners are asked to be aware of the higher threat conditions and to increase protective measures.
Legal Beat: At Sea with U.S. Maritime Security
By Dennis L. The U.S. Coast Guard issued its final regulations implementing the Maritime Transportation Security Act of 2002 (MTSA). These regulations replace the interim rules issued on July 1, 2003 and take into account comments received thereon. Few substantive changes, though, have been made. The majority of the changes are in the nature of clarifications. The submission date for security plans was changed from December 29 to December 31, 2003. Vessel and facility security plans must be in full effect not later than July 1, 2004. Various alternative security programs submitted by specialized industry groups were approved. Overall, the Coast Guard is to be congratulated for its development of a program for enhancing U.S.
IMO Provides ISPS Code implementation Status
The IMO provided ISPS Code implementation figures as of June 11, 2004. To date, 38 governments have provided responses indicating 21,347 ships from those nations are subject to the ISPS Code; 16,465 ship security plans have been submitted to these governments; and 4,841 International Ship Security Certificates (ISSCs) have been issued. Of the 6,114 port facilities identified by these governments, 2,044 have submitted security plans and 654 have been approved. This data indicates that at least 23% of the ships and 66% of the port facilities of these 38 countries have little hope of timely compliance since they have not even submitted security plans for review Source: HK Law.
Coast Guard Approves Barge Industry Security Plan
The American Waterways Operators' (AWO) Model Vessel Security Plan for the American tugboat, towboat and barge industry has been approved by the Coast Guard. AWO developed the security plan after 9/11 to protect people and property and prevent vessels from being used as weapons of mass destruction. The Model Plan was developed in close consultation with the U.S. Coast Guard and the U.S. Army Corps of Engineers by a special AWO Security Working Group. The Plan serves as a template for company-specific procedures to prevent terrorism in the categories of Awareness, Training, Personnel Practices, Planning, and Emergency Response. The Plan lists both required and suggested actions to take, depending on the threat level, with regard to physical security, communications, and cargo.
Columbia Coastal Security Plan Approved
Columbia Coastal Transport, an East Coast container barge operator, said that its Vessel Security Plan was approved by the US Coast Guard.. This approval remains valid for five years, and insures the company’s compliance with the final Maritime security requirements mandated by the Maritime Transportation Security Act (MTSA) of 2002. “Columbia Coastal is among the first companies to date that have had their Vessel Security Plans approved by the US Coast Guard,” said Bruce Fenimore, president of Columbia Coastal. “This indicates not only our commitment to serve our customers without interruption, but also to the ports and terminals that we call on a regular basis.
EC Adopts Proposal to Implement IMO Agreement on Security
Security (ISPS) Code. to be issued with a continuous synopsis record (CSR). security plans, taking into account the risk assessment. in some respects. the IMO agreement. and to avoid differences of interpretation between EU Member States. made compulsory. company and ship security officers. 2004. with their consideration of the proposal. role.
Port of San Francisco Develops New Physical Security Plan
Embarcadero Systems Corporation (ESC) won a contract to develop physical security plans, security technology and security plan implementation recommendations for the Port of San Francisco’s seven and a half miles of shoreline stretching from Hyde Street Pier in the north to India Basin in the south. Under this five-month contract, the ESC-led team will provide a comprehensive Physical Security Plan suited to protect the unique needs of the Port of San Francisco, recognizing its significant tourist industry and open access to waterfront facilities. The plan will work in collaboration with local, state and federal resources; coordinate with the city’s Emergency Operation Plan; and comply with the National Incident Management System (NIMS).
EC Sues Spain over Port Security
The European Commission is taking action against Spain before the Court of Justice of the European Union, because 20 Spanish ports have yet to adopt and implement the port security plan. The main objective of European port security policy is to provide protection for ships and port facilities, as part of the maritime link in the transport logistics chain, against the risk of attacks and terrorism. Directive 2005/65/EC on enhancing port security aims to guarantee uniformly high levels of security in all European ports, in particular by implementing a port security plan laying down provisions for ensuring port security. Since June 15, 2007…
Toolkit for Security Plan
Together with the Ministry of Transport, RMPM has developed a Port Facility Security Toolkit. This intelligent software program will be made available free of charge via a secure internet link to 134 companies from the Rotterdam port and industrial complex that have to comply with the ISPS code. The program comprises a detailed questionnaire based on eleven themes, such as 'terminal access' and 'cargo handling'. By filling in the questions, the terminal carries out a risk assessment. The assessment shows what measures need to be taken (action plan) to arrive at a security plan that can be presented to the relevant authority for approval. In other words, the tool automatically creates the security plan. Source: Rotterdam Briefs