Page 21 - 2a Edicion

02 – CODIGOS ISM & ISPS, APLICACIÓN Y CASOS REALES

The responsibilities of a captain of the port (COTP) literally “cover the
waterfront” and include extraordinary authority over vessels, facilities, cargo
operations, and the people working on vessels and the waterfront. Wise use
of these authorities can have a strong impact on ports as well as regional and
even national challenges.

Captain of the port regulations and responsibilities are found in a number of
locations, including 33 Cod While a full examination of all of these regulations
is beyond the scope of this article, allow me to point out the nature of this
authority.

To take just one example, 33 CFR 160.111 states that a COTP may “order a
vessel to operate or anchor in the manner directed when: (a) … the COTP has
reasonable cause to believe that the vessel is not in compliance with any
regulation, law, or treaty.” Other regulations allow the captain of the port to
direct cargo operations, prohibit vessels from operating, and inspect
waterfront facilities.

The Coast Guard and local law enforcement sign an
agreement to improve safety and security in and
around Oak Bluffs Harbor, Massachusetts. The
agreement, signed by Oak Bluffs Chief of Police Erik
G. Blake, left, and CAPT Raymond J. Perry, the
captain of the port for southeastern New England,
provides the Oak Bluffs Police Department federal
authority to enforce Coast Guard safety and security
zones. Coast Guard photo

The simplicity of these regulations reveals their power. While my legal
colleagues will properly point to various implicit and explicit limitations, the
fact remains that the American people have granted captains of the port an
almost astonishing degree of authority over maritime operations.

That being the case, how has the Coast Guard managed to retain and exercise
COTP authority over time?
The short answer is that we have exercised that authority with considerable
restraint, and with due regard to all stakeholders, while never hesitating to
employ it when warranted and needed to achieve clear objectives.

[5]