Proceedings Of The Marine

SPR 2014

Proceedings magazine is a communication tool for the Coast Guard's Marine Safety & Security Council. Each quarterly magazine focuses on a specific theme of interest to the marine industry.

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31 Spring 2014 Proceedings www.uscg.mil/proceedings of the port. The plans must include requirements for inter- facing with ships, establish restricted areas, and note cargo handling, bunkering, and personnel screening procedures. What this means is that seafarers who are requesting per- mission to step off a ship at a U.S. terminal must receive express permission from the terminal owner, before doing so, and their movements would be regulated by terminal security personnel. Additionally, facility owners are respon- sible for coordinating shore leave for vessel personnel or crew change-out and access through the facility for visitors to the vessel, as these movements would be communicated in advance of the vessel's arrival. 2 Transportation Worker Identifcation Credentials Starting in 2007, the Coast Guard began to enforce new regu- lations that mandated workers possessing Transportation Worker Identifcation Credentials (TWIC cards) would only be allowed unescorted access to vessel and facility secure areas. Moreover, all U.S. seafarers were required to enroll and possess a TWIC card to hold a valid Coast Guard mer- chant mariner's credential. From the government's perspec- tive, U.S. mariners should never have had problems with shore access, assuming all other arrangements, coordina- tion, and regulations were followed. However, for foreign seafarers who are not eligible to hold TWIC cards, shore leave at a MTSA-regulated waterfront facility was not so easy. Additionally, post 9/11 policy changes prevent mariners from going ashore without a valid visa. Cost of Freedom Coast Guard facility security regulations on unescorted access became the primary reason, other than visa issues, why seafarers could not go ashore. Basically, to go ashore, foreign seafarers and many U.S. seafarers holding TWIC cards were required to have escorts to move from the ship to the front gate of the waterfront facility. This escort was generally arranged at signif- cant cost, often times reaching $500 per move- ment. 3 As a result, several companies emerged, offering third-party, bonded TWIC card hold- ers, as approved waterfront facility escorts. For seafarers without TWIC cards, escorts repre- sented their only opportunity to go ashore. Fortunately, many seafarer benevolent organi- zations such as port chaplains and other service organizations, recognized the human rights issue and worked with cooperating terminals to provide escort services. The Coast Guard also published a series of national and local guidance documents to com- pel compliance and facilitate shore leave. While terminals and vessel representatives cooperated and found methods to facilitate shore leave for mariners, some facilities were unable to provide access without costly third-party escorts. Coast Guard Authorization Act of 2010 On January 5, 2010, Congress passed the Coast Guard Autho- rization Act of 2010. Section 811 contained a provision called Seamen's Shoreside Access: "Each facility security plan approved under section 70103(c) of title 46, United States Code, shall pro- vide a system for seamen assigned to a vessel at that facility, pilots, and representatives of seamen's wel- fare and labor organizations to board and depart the vessel through the facility in a timely manner at no cost to the individual." The Coast Guard is developing a proposed rulemaking to amend Title 33 CFR Subchapter H requirements that will implement this law and ultimately improve seafarer shore leave. The Mariner's Perspective Father Sinclair Oubre Diocesan Director Apostleship of the Sea Disclaimer: The views and opinions expressed in this perspective are those of the author and do not necessarily refect the offcial policy or position of any agency of the U.S. government. Mariner Stereotypes are Destructive and Costly To design a security policy, one must consider the area to be secured, the physical and human resources that are available Crewmembers are rarely able to join with the rest of the Christian community for the begin- ning of Lent. However, the M/V Garzia Bottigliere crew celebrated Ash Wednesday and the beginning of Lent, while docked in Port Arthur, Texas. Photo courtesy of the Apostleship of the Sea - Diocese of Beaumont. Spring2014_FINAL.indd 31 3/21/14 11:14 AM

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