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Current as of October 02, 2022 | Updated by FindLaw Staff
(a) General. The vessel owner or operator must ensure the designation of restricted areas in order to:
(1) Prevent or deter unauthorized access;
(2) Protect persons authorized to be on board;
(3) Protect the vessel;
(4) Protect sensitive security areas within the vessel;
(5) Protect security and surveillance equipment and systems; and
(6) Protect cargo and vessel stores from tampering.
(b) Designation of Restricted Areas. The vessel owner or operator must ensure restricted areas are designated on board the vessel, as specified in the approved plan. Restricted areas must include, as appropriate:
(1) Navigation bridge, machinery spaces and other control stations;
(2) Spaces containing security and surveillance equipment and systems and their controls and lighting system controls;
(3) Ventilation and air-conditioning systems and other similar spaces;
(4) Spaces with access to potable water tanks, pumps, or manifolds;
(5) Spaces containing dangerous goods or hazardous substances;
(6) Spaces containing cargo pumps and their controls;
(7) Cargo spaces and spaces containing vessel stores;
(8) Crew accommodations; and
(9) Any other spaces or areas vital to the security of the vessel.
(c) The vessel owner or operator must ensure that security measures and policies are established to:
(1) Identify which vessel personnel are authorized to have access;
(2) Determine which persons other than vessel personnel are authorized to have access;
(3) Determine the conditions under which that access may take place;
(4) Define the extent of any restricted area;
(5) Define the times when access restrictions apply; and
(6) Clearly mark all restricted areas and indicate that access to the area is restricted and that unauthorized presence within the area constitutes a breach of security.
(d) Maritime Security (MARSEC) Level 1. The vessel owner or operator must ensure the implementation of security measures to prevent unauthorized access or activities within the area. These security measures may include:
(1) Locking or securing access points;
(2) Monitoring and using surveillance equipment;
(3) Using guards or patrols; and
(4) Using automatic intrusion detection devices, which if used must activate an audible and/or visual alarm at a location that is continuously attended or monitored, to alert vessel personnel to unauthorized access.
(e) 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 intensity of monitoring and access controls on existing restricted access areas;
(2) Restricting access to areas adjacent to access points;
(3) Providing continuous monitoring of each area, using surveillance equipment; and
(4) Dedicating additional personnel to guard or patrol each area.
(f) MARSEC Level 3. In addition to the security measures required for MARSEC Level 1 and MARSEC Level 2, at MARSEC Level 3, the vessel owner or operator must ensure the implementation of additional security measures, as specified for MARSEC Level 3 in the approved VSP. These additional security measures may include:
(1) Restricting access to additional areas; and
(2) Searching restricted areas as part of a security sweep of the vessel.
Cite this article: FindLaw.com - Code of Federal Regulations Title 33. Navigation and Navigable Waters § 33.104.270 Security measures for restricted areas - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-33-navigation-and-navigable-waters/cfr-sect-33-104-270/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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