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Seafarer Access

ExpandIdentify and Review Regulations involving Seafarer’s General Rights (RSC)
 

The Regulatory Subcommittee (RSC) Legal Review of Domestic and International Regulations Regarding Seafarer Rights Task Group (TG) has been charged with the responsibility to address the following tasks from AMSC Facility Security Work Group (FSWG) Task Statement Action Sheet.

FSWG TASK: Working Group to address issues and opportunities related to security at facilities within Houston-Galveston-Texas City-Freeport region, including the implications for other stakeholder actives and overall operations within the port complexes.

FSWG Short Term Tasks:

    1. Identify security-related issues that adversely impact facility access and vessel support leading to restrictions on shore access for mariners, excess vessel movements, and other negative impacts for vessels and facilities with the region.
    2. Identify and document best practices being used by facilities that reduce or eliminate these restrictions/impacts.
    3. Develop and implement a plan to begin outreach to individual facilities, stakeholder groups and the marine community to address issue and drive improvements in each of these areas.
    4. Monitor pending regulatory requirements for their impact on the industry and develop plans to enhance a coordinated implementation and issues resolution within the region.
    5. As needed, communicate lessons learned and/or recommendations to the FMSC and AMSC and, as requested, provide additional assistance related to proposed regulatory or policy changes

Objective - The objective of the RSC Legal Review of Domestic and International Regulations Regarding Seafarer Rights TG is to develop the text of applicable seafarer and provider access regulations, both domestic and foreign, that will allow the AMSC Facility Security Access Subcommittee (ASC) to have a firm regulatory foundation for their work.

By completing this objective, The RSC Legal Review of Domestic and International Regulations Regarding Seafarer Rights TG will meet the FS WG Task and the FS WG Short Term Tasks 1, 2, 4 and 5 above.

Overview - The implementation of MTSA, including final implementation of TWIC card requirements nationwide, has resulted in a myriad of complications for seafarers seeking to go ashore and in many cases has made shore leave impractical or cost prohibitive.  A thorough review has determined that there are no laws that allow a terminal to detain seafarers who have been granted shore leave by the US Customs & Border Patrol (CBP).

FSWG and Subcommittee Issues and Concerns - By completing the objective, the RSC Legal Review of Domestic and International Regulations Regarding Seafarer Rights TG will have addressed the following FSWG and Subcommittee issues and concerns raised in outreach meetings 

People get educated on vessel and facility regulations - both domestic and foreign
Need for mariners on ships to go on shore leave, etc.
Need for ships to obtain services (mariner transfers, stores, repairs, inspections, owner reps, pilots) while dockside
Learn now regulations can affect facilities' private property rights versus seafarers' right to free transit between shore and the vessel.
Problems w/ the 29-day rule
Overarching regulatory and policy environment related to facility access issues

Co-chairs

Don Bruce - JTAC Consulting

Tom Schroeder - Port of Houston Authority


ExpandPosition Papers

ExpandRegulations - International

ExpandSeafarers’ General Rights Document (ASC)
 

Identify and Review Regulations involving Seafarer's General Rights

The Access Subcommittee (ASC) Seafarer General Rights Task Group (TG) has been charged with the responsibility to address the following tasks from AMSC Facility Security Work Group (FSWG) Task Statement Action Sheet.

FSWG TASK: Working Group to address issues and opportunities related to security at facilities within Houston-Galveston-Texas City-Freeport region, including the impactions for other stakeholder actives and overall operations within the port complexes.

FSWG Short Term Tasks:

1.    Identify security-related issues that adversely impact facility access and vessel support leading to restrictions on shore access for mariners, excess vessel movements, and other negative impacts for vessels and facilities with the region.

2.    Identify and document best practices being used by facilities that reduce or eliminate these restrictions/impacts.

3.    Develop and implement a plan to begin outreach to individual facilities, stakeholder groups and the marine community to address issue and drive improvements in each of these areas.

4.    Monitor pending regulatory requirements for their impact on the industry and develop plans to enhance a coordinated implementation and issues resolution within the region.

5.    As needed, communicate lessons learned and/or recommendations to the FMSC and AMSC and, as requested, provide additional assistance related to proposed regulatory or policy changes

 

Objective - Recognizing that waterfront facilities have not approached seafarer access uniformly, this subcommittee seeks to define the legitimate expectations mariners should have for access to shore leave.  Further, we expect to develop a recommended standard approach so that safety and security are not compromised while meeting the need for seafarers; access to shore leave. 

By completing this objective, the ASC Seafarer General Rights TG will meet the FSWG Task and the FSWG Short Term Tasks 1, 2, 4 and 5 above.

Overview - The implementation of MTSA, including final implementation of TWIC card requirements nationwide, has resulted in a myriad of complications for seafarers seeking to go ashore and in many cases has made shore leave impractical or cost prohibitive.  A thorough review has determined that there are no laws that allow a terminal to detain seafarers who have been granted shore leave by the US Customs & Border Patrol (CBP).

FSWG and Subcommittee Issues and Concerns - By completing the objective, the ASC Seafarer General Rights TG will have addressed the following FSWG and Subcommittee issues and concerns raised in outreach meetings 

  • People get educated on vessel and facility regulations - both domestic and foreign
  • Need for mariners on ships to go on shore leave, etc.
  • Need for ships to obtain services (mariner transfers, stores, repairs, inspections, owner reps, pilots) while dockside
  • Learn now regulations can affect facilities' private property rights versus seafarers' right to free transit between shore and the vessel.
  • Problems w/ the 29-day rule
  • Overarching regulatory and policy environment related to facility access issues

Co-chairs

Tom Hudson - MOL Tankship Management LTD

Bob Lain - Moran Shipping


ExpandBest Practice Web Sites
International Port Security Program (ISPS Code) - Best Practices 
After being directed to the HomePort web site, hit the link entitled ISP Program on the right side and you will be taken to the Best Practices site

ExpandRegulations Involved
See link to "Identify and Review Regulations involving Seafarer’s General Rights" 

ExpandSupport Documents

 FSWG E-mail - info@fswg.org

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