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Letter of clarification of July 1, 2004

From L.L. Hereth, Rear Admiral, U. S. Coast Guard to Gerry Frappier, Director General, Marine Security

Dear Mr. Frappier:

Further to the bilateral arrangement of June 25, 2004, between. the Canadian Department of Transport and the U.S. Coast Guard that addresses the manner of implementation of amendments to the International Convention for the Safety of Life at Sea , 1974 (SOLAS), this document sets out the Coast Guard's interpretation of its authorities and how it will treat certain types of SOLAS and non-SOLAS vessels operations.

Noting that the Canadian Department of Transport and U.S. Coast Guard vessel security regulations differ in their applicability with respect to non-SO LAS vessels, the Coast Guard deems that Canadian non-SOLAS vessels transiting through waters subject to the jurisdiction of the U.S. from a Canadian port to a Canadian port continuously without engaging in activities that do not have a direct bearing on transit, are not deemed to be on an international voyage, nor destined for, or departing from, a port or place subject to the jurisdiction of the U.S. Therefore, such vessels are not subject to the U.S. Coast Guard vessel security regulations.

Noting that Canadian and U.S. vessels carrying between 13 and 150 passengers engaged in excursion activities such as whale watching, sport fishing, dive operations, dinner cruises or sightseeing tours in the waters of the Great Lakes or Atlantic and Pacific boundary and coastal waters are not on an international voyage (transiting from a port in Canada to a port in the U.S., or vice versa), nor are they secured during these voyages by line or other means to any structure, facility or natural fixture on land of the other nation (unless for the sole purpose of obtaining customs clearance), the Coast Guard will not subject such vessels to U. S. Coast Guard vessel security regulations.


Noting that the Canadian Department of Transport and U.S. Coast Guard vessel security regulations differ in their applicability with respect to barges, and pending amendment to the Canadian regulations, the security plans for Canadian vessels towing barges greater than 100 Gross Tonnage (GT) and carrying products, substances or organisms identified in Classes 1-9 of section 2 of Canada's Transportation of Dangerous Goods Act (1992) whether in bulk or packaged form, will be expected to address the security for both the barge and its cargo in accordance with the provisions of the Department of Transport Marine Security Operations Directive #8 when operating in waters subject to the jurisdiction of the U.S.

Noting that the Canadian Department of Transport and U.S. Coast Guard vessel security regulations differ in applicability with regard to towing vessels and noting also that any U.S. barge, regulated under Title 33 CFR Part 104, under tow by a U.S. flagged towing vessel will carry an approved security plan for the barge, the U.S. flagged towing vessel, when 8 meters or less in length, will not be required to carry an approved security plan.

Noting that Canadian, U.S. or foreign flagged vessels may transit between ports in Canada and the U.S. under special circumstances, and recognizing the desirability of a mutually consistent approach with regard to such vessels, the U.S. Coast Guard will discuss the security requirements to be imposed on such vessels with the Canadian Department of Transport.

Noting that the Canadian Department of Transport has established provisions in their regulations for Occasional-Use Marine Facilities (section 355-358) and that appropriate procedures are in place to establish an approved list of these marine facilities, which will be shared with the U.S. Coast Guard and placed on the Canadian Department of Transport's web-site; tie U.S. Coast Guard will not target these vessels under our Port State Control program for the sole reason that it visited an Occasional-Use Marine Facility.

Noting that the Canadian Department of Transport is issuing an Interim Canadian Vessel Security Certificate for non-SOLAS vessels prior to conducting an initial compliance examination as evidence of an approved Vessel Security Plan, and the U.S. Coast Guard is issuing a letter as evidence of an approved Security Plan, the U.S. Coast Guard will accept such Canadian interim certificates as evidence of compliance.

These clarifications serve to enhance the success of our bilateral arrangement and improve cooperation between the Canadian Department of Transport Canada and the U.S. Coast Guard regarding maritime security. Issues that may arise as a result of these clarifications will be resolved on a case by case basis through this office in consultation with the Canadian Department of Transport. I look forward to continued collaboration and cooperation as we further develop ways to address security concerns in the maritime realm. If you have any questions, please do not hesitate to contact me.



Sincerely,
L. L. Hereth
Rear Admiral, U. S. Coast Guard Director, Port Security
Date modified:
2011-01-26