Maritime Transportation Security Act 2002

1. Maritime Transportation Security Act 2002 Vessel and Terminal Requirements Melchor Becena Security Administrator Port Everglades

2. Maritime Transportation Security Act U.S. Congress makes the following findings: • The variety of trade and commerce carried out at ports includes bulk cargo, containerized cargo, passenger transport and tourism, and intermodal transportation systems that are complex to secure. • The United States is increasingly dependent on imported energy for a substantial share of its energy supply, and a disruption of that share of supply would seriously harm consumers and our economy.

3. Maritime Transportation Security Act • Ports often are a major locus of Federal crime, including drug trafficking, cargo theft, and smuggling of contraband. • Ports are often very open and exposed and are susceptible to large scale acts of terrorism that could cause a large loss of life or economic disruption. • Current inspection levels of containerized cargo are insufficient to counter potential security risks. Technology is currently not adequately deployed to allow for the non intrusive inspection of containerized cargo.

4. Maritime Transportation Security Act • The cruise ship industry poses a special risk from a security perspective. • Securing entry points and other areas of port facilities and examining or inspecting containers would increase security at United States ports.

5. Maritime Transportation Security Act Definitions • Facility - Any structure or facility of any kind located in, on, under, or adjacent to any waters subject to the jurisdiction of the U.S. • Owner or operator - In the case of a vessel, any person owning, operating, or chartering by demise, such vessel; in the case of a facility, any person owning, leasing or operating such facility.

6. Maritime Transportation Security Act Definitions • Secretary - Secretary of the department in which the Coast Guard is operating. • Transportation security incident - A security incident resulting in a significant loss of life, environmental damage, transportation system disruption, or economic disruption in a particular area.

7. Facility and Vessel VulnerabilityAssessments Initial Assessments • Vessel types and U.S. facilities on or adjacent to the waters subject to the jurisdiction of the U.S. • Identify those vessel and U.S. facilities that pose a high risk of being involved in a transportation security incident.

8. Facility and Vessel VulnerabilityAssessments Facility and Vessel Assessments Based on the information gathered through the Initial Assessment a detailed assessment shall be conducted of: • Vessel and U.S. facilities that pose a high risk of being involved in a transportation security incident.

9. Facility and Vessel VulnerabilityAssessments Shall include the following: • Identification and evaluation of critical assets and infrastructures. • Identification of the threats to those assets and infrastructures. • Identification of weaknesses in physical, passenger, and cargo security, structural integrity, protection systems, procedural policies, communications systems, transportation infrastructure, utilities, contingency response, and other areas as determined by the Secretary.

10. Facility and Vessel VulnerabilityAssessments • An alternative vulnerability assessment may be accepted on behalf of the owner/operator of the vessel/facility if the Secretary determines that the alternative assessment includes the matters required (see previous slide). • Upon completion of an assessment, the Secretary shall provide the owner or operator with a copy of the vulnerability assessment for that facility or vessel. • Vulnerability assessment updated at least every 5 years.

11. Maritime Transportation Security Plans • An owner or operator of a vessel or facility must prepare and submit to the Secretary a security plan for the vessel or facility.

12. Vessel and Facility Security Plans The Security Plan shall: • Be consistent with the requirements of the National Maritime Transportation Security Plan and Area Maritime Transportation Security Plans; • Identify the qualified individual having full authority to implement security actions, and require immediate communications between that individual and the appropriate Federal official.

13. Vessel and Facility Security Plans Include provisions for: • Establishing and maintaining physical, passenger, cargo and personnel security; • Establishing and controlling access to secure areas of the vessel or facility; • Procedural security policies; • Communications systems; • Other security systems

14. Vessel and Facility Security Plans • Identify, and ensure the availability of security measures necessary to deter to the maximum extent practicable a transportation security incident or a substantial threat of such a security incident; • Describe the training, periodic unannounced drills, and security actions of persons on the vessel or at the facility.

15. Vessel and Facility Security Plans • Be updated at least every 5 years; and • Be resubmitted for approval of each change to the vessel or facility that may substantially affect the security of the vessel or facility.

16. Navigation and Vessel Inspection Circular (NVIC) 4-02Security for Passenger Vessels and Passenger Terminals • Signed 29 March 2002. • Provides guidance for passenger vessels and passenger terminals subject to the regulatory requirements of 33 CFR parts 120 and 128. • Specifies security activities to be performed at security levels I, II, and III. These activities have been adjusted to account for the general increase in the terrorist threat based on the September 11, 2001 events.

17. Navigation and Vessel Inspection Circular (NVIC) 4-02Security for Passenger Vessels and Passenger Terminals • Effective 15 April 2003, all vessels and terminals operators shall implement NVIC 4-02. • Vessels/terminals that have not received preliminary or final approval of their vessel security plans IAW NVIC 4-02 will not be allowed to enter U.S. ports or receive vessels at their terminals.

18. Close Port Security Gaps •Conduct and update Port Security Assessments on ports, vessels and facilities using Port Security Risk Assessment Tool methodology. • Conduct follow-on detailed vulnerability assessments on ports most at risk. • Plan and conduct port-level counter-terrorism exercises. • Establish Port Security Committees in each port with participation from all key stakeholders.