ALCOAST 529/08
COMDTNOTE 16611
SUBJ:  SEAFARERS SHORE ACCESS ON MARINE TRANSPORTATION SECURITY ACT
(MTSA) FACILITIES
A. 33 CFR 105.200
B. INTERNATIONAL MARITIME ORGANIZATION (IMO) CONFERENCE RESOLUTION
11, DECEMBER 2002
C. INTERNATIONAL MARITIME ORGANIZATION MARITIME SAFETY COMMITTEE
(MSC) CIRCULAR 1112, JUNE 2004
D. NAVIGATION AND VESSEL INSPECTION CIRCULAR 03-03, CHANGE 1
1. SINCE THE IMPLEMENTATION OF THE MTSA REGULATIONS IN JULY OF
2004, THE COAST GUARD HAS RECEIVED REPORTS OF REGULATED MARITIME
FACILITIES REFUSING TO GRANT ACCESS TO SEAFARERS HOLDING PROPERLY
ISSUED VISAS FOR THE PURPOSE OF SHORE LEAVE, CREW CHANGE OUT, ETC.
REGULATED FACILITIES HAVE, IN SOME CASES, REFUSED TO GRANT THIS
ACCESS USING SECURITY CONSIDERATIONS AS THE RATIONALE. OTHERS HAVE
DENIED ACCESS BECAUSE OF PERCEIVED LIABILITY ISSUES IF PERSONS NOT
IN THEIR EMPLOY ARE INJURED WHILE ON THE FACILITY. RECENTLY, THE
COAST GUARD RECEIVED A CONFIRMED REPORT OF A FACILITY REFUSING TO
PERMIT ACCESS TO THE CREW OF A VESSEL THAT WAS ALONGSIDE FOR A
PERIOD OF 55 HOURS FOR CARGO OPERATIONS. LIKEWISE, THE COAST GUARD
HAS RECEIVED REPORTS OF CHAPLAINS,SEAFARERS WELFARE ORGANIZATIONS
AND LEGITIMATE SEAFARERS UNION REPRESENTATIVES BEING DENIED ACCESS
TO VESSELS TIED UP AT FACILITIES.
2. THE INTERNATIONAL SHIP AND PORT FACILITY SECURITY (ISPS) CODE
UNDER SOLAS THROUGH THE IMO CONFERENCE RESOLUTION 11, HUMAN-
ELEMENT-RELATED ASPECTS OF SHORE LEAVE FOR SEAFARERS (2002), IMO
MSC CIRCULAR 1112, SHORE LEAVE AND ACCESS TO SHIPS UNDER THE ISPS
CODE (2004),OUR OWN MARITIME SECURITY REGULATIONS AT 33 CFR 105.200
(B) (9),AND NAVIGATION AND VESSEL INSPECTION CIRCULAR 03-03, CHANGE
1,SPECIFICALLY URGE FACILITY OPERATORS AND OWNERS TO PROVIDE MEANS
TO FACILITATE SHORE LEAVE ACCESS FOR MARINERS AND VISITS TO VESSELS
BY SEAFARERS WELFARE ORGANIZATIONS.
3. ALTHOUGH THE ACQUISITION OF A VALID VISA FOR SEAFARERS DOES NOT
AUTOMATICALLY GUARANTEE ACCESS IF CUSTOMS AND BORDER PROTECTION
(CBP) DETERMINES THAT ACCESS MAY COMPROMISE SECURITY, THE DENIAL OF
ACCESS BY A REGULATED FACILITY TO THOSE HOLDING A VALID VISA AND
HAVING CLEARANCE FROM CBP FOR THE PURPOSE OF SHORE LEAVE AS WELL AS
THE DENIAL OF ACCESS TO REPRESENTATIVES OF SEAFARERS WELFARE
ORGANIZATIONS RUNS COUNTER TO THE INTENT OF OUR REGULATIONS.
4. AS A MARITIME SERVICE, THE COAST GUARD RECOGNIZES THE IMPORTANCE
OF SHORE LEAVE AND ACCESS TO SEAFARER WELFARE ORGANIZATIONS AS AN
IMPORTANT ASPECT OF MAINTAINING CREW MORALE, READINESS AND
WELLBEING. INDIVIDUALS SEEKING ACCESS THROUGH FACILITIES FOR THE
PURPOSE OF SHORE LEAVE OR FOR THE PURPOSE OF PROVIDING SERVICE TO
THE SEAFARER COMMUNITY SHOULD NOT FIND ARTIFICIAL BARRIERS IMPOSED
BY A MINORITY OF FACILITIES WITHIN OUR REGULATED STAKEHOLDER BASE.
5. REGARDLESS OF THE IMPLEMENTATION OF THE TRANSPORTATION WORKER
IDENTIFICATION CREDENTIAL (TWIC) REGULATIONS OR THE ULTIMATE
POSITION TAKEN BY THE UNITED STATES ON THE SEAFARERS IDENTITY
DOCUMENT (SID) AS PROPOSED IN ILO 185, CAPTAINS OF THE PORT (COTP)
SHOULD ENCOURAGE,SUPPORT,AND FACILITATE VIGOROUSLY ANY
ACCOMMODATIONS AT REGULATED FACILITIES, INCLUDING BUT NOT LIMITED
TO ESCORT PROVISIONS,TO MAKE SHORE LEAVE AND ACCESS TO SEAFARER
WELFARE ORGANIZATIONS POSSIBLE.  THESE ACCOMMODATIONS SHOULD NOT
IMPOSE AN UNDUE BURDEN ON THE SEAFARER OR SEAFARERS WELFARE
ORGANIZATION REPRESENTATIVE SEEKING ACCESS BY WAY OF EXORBITANT
FEES, EXTREME LIMITATIONS IN HOURS OF AVAILABILITY, OR OTHER
UNREASONABLE RESTRICTION TO THE MOVEMENTS OF THESE PERSONS UNLESS
EXIGENT, CONFIRMED SECURITY CONCERNS DICTATE SUCH RESTRICTION IS
NECESSARY. ADDITIONALLY, IN ORDER TO OBTAIN GREATER CLARITY ON THE
ISSUE THE COAST GUARD HAS RECENTLY CHARTERED A WORKING GROUP UNDER
NATIONAL MARITIME SECURITY ADVISORY COMMITTEE TO EXPLORE THE
PROBLEM AND RECOMMEND SOLUTIONS.
6. IT IS SUGGESTED THAT COTPS ACTIVELY SEEK OUT LOCAL SEAFARERS
CHAPLAINS FOR PARTICIPATION IN PORT COMMUNITY MEETINGS AND
ACTIVITIES IN ORDER TO EDUCATE COAST GUARD AND COMMITTEE PERSONNEL
ON THE HUMAN ASPECTS OF INTERNATIONAL CREWS AND THEIR ISSUES TO
AUGMENT OUR ONGOING EFFORTS TO GUARANTEE THEIR SAFETY AND
QUALIFICATIONS. LIKEWISE, REITERATION OF THE COAST GUARD POSITION
ON SEAFARERS ACCESS TO SHORE LEAVE AND SEAFARER WELFARE
ORGANIZATIONS ACCESS TO VESSEL CREWS SHOULD BE DISTRIBUTED TO
MARITIME STAKEHOLDERS VIA HOMEPORT AND A MARINE SAFETY INFORMATION
BROADCASTS (MSIB). DISCUSSION OF THE TOPIC AT AREA MARITIME
SECURITY COMMITTEE (AMSC) AND HARBOR SAFETY COMMITTEE (HSC)
MEETINGS WOULD HELP TO CONFIRM THE MESSAGE TO THE MARITIME
STAKEHOLDERS THAT THE COAST GUARD VIEWS THIS AS A HIGH PRIORITY
ISSUE AND IS DEDICATED TO FINDING A SOLUTION THAT IS WORKABLE FOR
ALL INVOLVED.
7. POC IS LT ALYSSA JOHNSON, 202-372-1131. EMAIL ADDRESS IS
ALYSSA.M.JOHNSON AT USCG.MIL.
8. RADM BRIAN M. SALERNO, ASSISTANT COMMANDANT FOR MARINE SAFETY,
SECURITY, AND STEWARDSHIP, SENDS.
9. INTERNET RELEASE IS AUTHORIZED.