Page 22 - 2a Edicion

02 – CODIGOS ISM & ISPS, APLICACIÓN Y CASOS REALES

A Historic Perspective
A little historical context can help us understand this unique authority.
Captain of the port authority can be traced to the Espionage Act, passed by
Congress on June 15, 1917, shortly after our entry into World War I. Less than
a year earlier, a fire followed by a series of devastating explosions had
destroyed the munitions facility on Black Tom’s in New Jersey. Authorities
correctly suspected German saboteurs. The act granted the president—
delegated to the Coast Guard—the authority to control ports, control the
movements of vessels, establish anchorages and restricted areas, and
supervise the handling and storage of explosive cargos.

Commodore Ellsworth P. Bertholf appointed Captain Godfrey L. Carden in New
York the first Coast Guard captain of the port, with other Coast Guard
personnel assuming that same title in nine other major port areas. Captain
Carden’s command became the single-largest Coast Guard command in the
war, including over 1,400 personnel, four U.S. Army Corps of Engineers tugs,
and five cutters. He was therefore able to establish a unity of effort with the
objective of maintaining safety and security in the port.

Some COTP-related authorities and activities ended with the armistice, but
others continued, and in the lead-up to World War II, the Coast Guard
resumed many of its previous port security functions. Once again, the scope
of authority granted to COTPs was impressive. “The captain of the port … shall
have the right of entry to waterfront facilities at all times. The captain of the
port may cause to be inspected and searched at any time, any waterfront
facility or any person or package thereon …” 1
With the Cold War concerns of the 1950s came the Magnuson Act and an
executive order by President Harry S. Truman. Later the Port and Waterways
Safety Act, the Port and Tanker Safety Act, and the Oil Pollution Act of 1990
expanded upon or leveraged COTP authorities.

After the 9/11 attacks, Congress passed the Maritime Transportation Security
Act, which built upon long-standing captain of the port authorities.

Principles of Coast Guard Operations
Coast Guard captains of the port have been exercising their authority since
1917. The principles that guide all Coast Guard operations go back even
further, to the very first days of our service.

The principles of Coast Guard operations, as described in Coast Guard
Publication 1, are instructive as to how we have exercised this authority over
time as well as how we should continue to do so. These principles apply to all
Coast Guard operations, not just those associated with captains of the port.

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