USCG updates surveillance requirements for commercial vessels

The United States Coast Guard issued Policy Letter 23-05, Change 1 providing updated guidance on surveillance requirements for certain commercial vessels that do not carry passengers, as mandated by the National Defense Authorization Act (NDAA) for FY 2023 (ref: Title 46 U.S.C. § 4901).

This Policy Letter was updated on 1 October 2024.

1. Surveillance Requirements for Commercial Vessels

Mandated Installation of Surveillance Systems: The letter clarifies that commercial vessels meeting specific criteria must install video and audio surveillance systems by December 23, 2024, or by their next scheduled drydock, whichever is later. This applies to vessels with overnight accommodations for at least 10 people on board and those on longer voyages (600 miles or more, crossing the Boundary Line) or vessels over a certain size (500 gross tons or 24 meters).
Placement of Surveillance Equipment: Surveillance cameras must be positioned to monitor passageways into which stateroom doors open, ensuring continuous coverage of those areas. This update emphasizes the importance of clear, unobstructed monitoring to prevent potential incidents.
Audio and Video Quality Standards: The Coast Guard now requires that surveillance equipment meets a certain standard to ensure that audio and visual records are clear enough to identify people and actions in various lighting and noise conditions. For audio, noise-cancelling technology is encouraged where necessary, and video equipment must capture sufficient resolution to discern actions.
Retention of Surveillance Records: All audio and video records must be retained for a minimum of one year, with footage related to any alleged incident kept for five years. The policy allows for the use of technology that only records when there is human activity, to manage data storage more efficiently.

2. Training Requirements

Training for Responding to Sexual Assault and Harassment Incidents: Vessel owners and employers are now required to provide specific training for crew members on how to respond to incidents of sexual assault and harassment. This training includes guidance on retaining evidence, remaining impartial, and understanding federal, state, and local legal requirements for investigations and reporting.
Documenting Training Sessions: Detailed records of training sessions must be maintained, including the date, location, personnel involved, and topics covered. If the vessel maintains a Safety Management System (SMS), these training protocols must be incorporated into the SMS.

3. Signage and Crew Notification

Clear Signage for Surveillance: Vessel owners must place conspicuous signs onboard notifying the crew of the presence of video and audio surveillance. These signs must be durable, legible, and placed in highly visible areas to ensure awareness among all personnel.

4. Exemptions

Specific Vessel Exemptions: Certain vessels, including commercial fishing vessels, fish processing vessels, and fish tender vessels, are exempt from these surveillance requirements. The exemptions are codified under 46 U.S.C. § 4901(h).

5. Enforcement and Compliance

Inspection and Verification: The policy outlines the Coast Guard’s enforcement plan, where Marine Inspectors will verify compliance during routine inspections such as certification, drydock examinations, and oversight inspections. If a vessel fails to comply with these requirements, the Coast Guard will issue a deficiency notice (CG-835V), with enforcement timelines depending on the level of non-compliance.
Flexibility in Compliance: The letter gives Officer in Charge, Marine Inspection (OCMIs) discretion to allow vessels additional time to comply if they demonstrate a good-faith effort toward meeting the requirements.

6. Clarification and Guidance for Future Regulations

Regulatory Framework Development: While this policy letter provides immediate guidance, the Coast Guard indicates that further analysis and development of formal regulations may follow. These would likely build on the insights gained from industry feedback and evolving technologies.