Merchant mariner shore side access requirements for mtsa facilities MST2 Jeromy Cowell MSD Sturgeon Bay

Topics covered USCG Authorization Act of 2010 Seamen’s Church Institute June 2009 Shore Leave Survey Results & Items Found Legal Precedence Items for Discussion From Federal Guidance

Uscg authorization act of 2010 H.R. 3619-91 Section 811: “Seamen’s Shore Side Access” “Each facility security plan approved under section 70103(c) of title 46 USC, shall provide a system for seamen assigned to a vessel at that facility, pilots, and representatives of seamen’s welfare & labor organizations to board & depart the vessel through the facility in a timely manner at no cost to the individual.”

JUNE 2009 SEAMEN’S CHURCH INSTITUTE Shore leave survey 301 Commercial Vessels surveyed 73 Vessels had at least one seafarer denied access (24%) 814 seafarers denied shore access: * 624 – No valid US Visa * 117 – Swine Flu related

Reasons for denial of shore leave Visa Related (Foreign Mariners): 76.6% Swine Flu: 14.4% Ship Denial: 3.3% Terminal Denial: 3.1% CBP Denial: 2.1% TWIC Related: 0.5%

Most frequent twic reasons Inconsistent TWIC Procedures: 23.1% Inability to Access/ Limited Transportation Options: 19.2% Escort Fees: 19.2% Limited Seafarers Center Resources: 19.2% Other Bureaucratic Issues: 15.4% Strict Terminal Shore Leave Policies: 3.9%

Issues found Facilities continue to: 1) Deny access to seafarers 2) Charge exorbitant fees to provide access 3) Greatly limit the hours for access 4) Institute overly restrictive policies that discourage or refuse access

Facility Responses Some facilities argue that providing seafarers & visitors with escorts is too costly. Refuse to provide escorts Charge escorting fees ranging from $300 to $400 per trip through the facility

‘Aguilar v. Standard oil co. of nj’ The United States Supreme Court recognized that shore leave is a fundamental necessity in the sailing of ships. (318 U.S. 724)

Office of personnel management The United States Office of Personnel Management has recognized shore leave as an absolute right of an employee regularly assigned duties aboard an oceangoing vessel.

U.S. Coast Guard Role The protection of seafarer’s interests is a traditional role of the United States Coast Guard. The regulatory branch of the federal government for MTSA facilities.

Uscg authorization act of 2010 H.R. 3619-91 Section 811: “Seamen’s Shore Side Access” “Each facility security plan approved under section 70103(c) of title 46 USC, shall provide a system for seamen assigned to a vessel at that facility, pilots, and representatives of seamen’s welfare & labor organizations to board & depart the vessel through the facility in a timely manner at no cost to the individual.”

Key terms from section 811 “Provide a System…” “A Timely Manner…” “At No Cost to the Individual.” What do these terms actually mean to MTSA facilities?

Current uscg action The USCG & National Maritime Security Advisory Committee (NMSAC) are working together to define the terms: “System”, “Timely”, and “No Cost to the Individual” from the 2010 Coast Guard Authorization Act. By defining these terms, regulatory changes to MTSA (33CFR105) will occur sometime in the near future.

What are your definitions? “Provide a System…?” “A Timely Manner…?” “ At No Cost to the Individual?”

Items for discussion #1 The access required by federal regulation should be no more than is reasonably necessary to allow shore leave, crew change out, or visits by persons with legitimate ship business.

Items for discussion #2 Vessel crew changes, authorized shore leave, crew transportation to & from vessels via taxi or shuttle bus, and access to shore side support should be facilitated to the maximum extent possible without compromising security or safety. (NVIC 03-07 3.3c.(7))

Items for discussion #3 Foreign crew members Shall Be Allowed ashore by the public authorities and facility, provided that all formalities have been fulfilled and only refused permission for reasons of public health, safety, or public order.

Items for discussion #4 TWIC escorting: - The decision to escort (or not) an individual who holds a TWIC remains with the facility. - Any person without a TWIC must be accompanied by an individual with a TWIC, either from the facility or vessel, in order to enter a facility designated restricted area.

Items for discussion #5 Facilities may accept the responsibility for verification of TWIC’s for vessels on their property (or vessels may accept responsibility for the facilities). If this is done, specific responsibilities and procedures must be detailed in the Declaration of Security (DOS) and signed by both parties. NVIC 03-07 3.3a.(3)

Summary Regardless of which methods are used to comply with the TWIC requirements, facility owners/operators should work with the Captain of the Port (COTP) to develop solutions which maintain security while facilitating the essential need for seafarers’ access to shore side support and authorized shore leave. NVIC 03-07 3.3c.(7)