33 C.F.R. § 104.265 Security measures for access control.
Title 33 - Navigation and Navigable Waters
(a) General. The vessel owner or operator must ensure the implementation of security measures to: (1) Deter the unauthorized introduction of dangerous substances and devices, including any device intended to damage or destroy persons, vessels, facilities, or ports; (2) Secure dangerous substances and devices that are authorized by the owner or operator to be on board; and (3) Control access to the vessel. (b) The vessel owner or operator must ensure that the following are specified: (1) The locations providing means of access to the vessel where access restrictions or prohibitions are applied for each Maritime Security (MARSEC) Level. “Means of access” include, but are not limited, to all: (i) Access ladders; (ii) Access gangways; (iii) Access ramps; (iv) Access doors, side scuttles, windows, and ports; (v) Mooring lines and anchor chains; and (vi) Cranes and hoisting gear; (2) The identification of the types of restriction or prohibition to be applied and the means of enforcing them; and (3) The means of identification required to allow individuals to access the vessel and remain on the vessel without challenge. (c) The vessel owner or operator must ensure that an identification system is established for checking the identification of vessel personnel or other persons seeking access to the vessel that: (1) Allows identification of authorized and unauthorized persons at any MARSEC Level; (2) Is coordinated, when practicable, with identification systems at facilities used by the vessel; (3) Is updated regularly; (4) Uses disciplinary measures to discourage abuse; (5) Allows temporary or continuing access for vessel personnel and visitors, including seafarers chaplains and union representatives, through the use of a badge or other system to verify their identity; and (6) Allow certain long-term, frequent vendor representatives to be treated more as employees than as visitors. (d) The vessel owner or operator must establish in the approved Vessel Security Plan (VSP) the frequency of application of any security measures for access control, particularly if these security measures are applied on a random or occasional basis. (e) MARSEC Level 1. The vessel owner or operator must ensure security measures in this paragraph are implemented to: (1) Screen persons, baggage (including carry-on items), personal effects, and vehicles for dangerous substances and devices at the rate specified in the approved Vessel Security Plan (VSP), except for government-owned vehicles on official business when government personnel present identification credentials for entry; (2) Conspicuously post signs that describe security measures currently in effect and clearly state that: (i) Boarding the vessel is deemed valid consent to screening or inspection; and (ii) Failure to consent or submit to screening or inspection will result in denial or revocation of authorization to board; (3) Check the identification of any person seeking to board the vessel, including vessel passengers and crew, facility employees, vendors, personnel duly authorized by the cognizant government authorities, and visitors. This check includes confirming the reason for boarding by examining at least one of the following: (i) Joining instructions; (ii) Passenger tickets; (iii) Boarding passes; (iv) Work orders, pilot orders, or surveyor orders; (v) Government identification; or (vi) Visitor badges issued in accordance with an identification system required in paragraph (c) of this section; (4) Deny or revoke a person's authorization to be on board if the person is unable or unwilling, upon the request of vessel personnel, to establish his or her identity or to account for his or her presence on board. Any such incident must be reported in compliance with this part; (5) Deter unauthorized access to the vessel; (6) Identify access points that must be secured or attended to deter unauthorized access; (7) Lock or otherwise prevent access to unattended spaces that adjoin areas to which passengers and visitors have access; (8) Provide a designated secure area on board or in liaison with a facility, for conducting inspections and screening of people, baggage (including carry-on items), personal effects, vehicles and the vehicle's contents; (9) Ensure vessel personnel are not subjected to screening, of the person or of personal effects, by other vessel personnel, unless security clearly requires it. Any such screening must be conducted in a way that takes into full account individual human rights and preserves the individual's basic human dignity; (10) Ensure the screening of all unaccompanied baggage; (11) Ensure checked persons and their personal effects are segregated from unchecked persons and their personal effects; (12) Ensure embarking passengers are segregated from disembarking passengers; (13) Ensure, in liaison with the facility, a defined percentage of vehicles to be loaded aboard passenger vessels are screened prior to loading at the rate specified in the approved VSP; (14) Ensure, in liaison with the facility, all unaccompanied vehicles to be loaded on passenger vessels are screened prior to loading; and (15) Respond to the presence of unauthorized persons on board, including repelling unauthorized boarders. (f) MARSEC Level 2. In addition to the security measures required for MARSEC Level 1 in this section, at MARSEC Level 2, the vessel owner or operator must also ensure the implementation of additional security measures, as specified for MARSEC Level 2 in the approved VSP. These additional security measures may include: (1) Increasing the frequency and detail of screening of people, personal effects, and vehicles being embarked or loaded onto the vessel as specified for MARSEC Level 2 in the approved VSP, except for government-owned vehicles on official business when government personnel present identification credentials for entry; (2) X-ray screening of all unaccompanied baggage; (3) Assigning additional personnel to patrol deck areas during periods of reduced vessel operations to deter unauthorized access; (4) Limiting the number of access points to the vessel by closing and securing some access points; (5) Denying access to visitors who do not have a verified destination; (6) Deterring waterside access to the vessel, which may include, in liaison with the facility, providing boat patrols; and (7) Establishing a restricted area on the shoreside of the vessel, in close cooperation with the facility. (g) MARSEC Level 3. In addition to the security measures required for MARSEC Level 1 and MARSEC Level 2, the vessel owner or operator must ensure the implementation of additional security measures, as specified for MARSEC Level 3 in the approved VSP. The additional security measures may include: (1) Screening all persons, baggage, and personal effects for dangerous substances and devices; (2) Performing one or more of the following on unaccompanied baggage: (i) Screen unaccompanied baggage more extensively, for example, x-raying from two or more angles; (ii) Prepare to restrict or suspend handling unaccompanied baggage; or (iii) Refuse to accept unaccompanied baggage on board; (3) Being prepared to cooperate with responders and facilities; (4) Limiting access to the vessel to a single, controlled access point; (5) Granting access to only those responding to the security incident or threat thereof; (6) Suspending embarkation and/or disembarkation of personnel; (7) Suspending cargo operations; (8) Evacuating the vessel; (9) Moving the vessel; and (10) Preparing for a full or partial search of the vessel. [USCG–2003–14749, 68 FR 39302, July 1, 2003, as amended at 68 FR 60514, Oct. 22, 2003]
Title 33: Navigation and Navigable Waters
PART 104—MARITIME SECURITY: VESSELS
Subpart B—Vessel Security Requirements
§ 104.265 Security measures for access control.
