The U.S. Coast Guard is making a policy change that will allow the issuance of Captain of the Port (COTP) orders to direct vessel movements (e.g., to anchor, delay transit) in order to conduct law enforcement boardings of Canadian-bound, foreign-flagged (non-Canadian) vessels in the Great Lakes region.
The Ports and Waterways Safety Act of 1972 (“PWSA”) (46 U.S.C. Chapter 700, as implemented in Title 33 CFR, Part 160) authorizes the U.S. Coast Guard to manage the safety and security of U.S. waterways and ports. Under 46 U.S.C. § 70033, the U.S. Coast Guard is generally prohibited from exercising PWSA and related authorities on foreign-flagged vessels not destined for or departing from a U.S. port or place and engaged in innocent passage or transit passage. The prohibition does not apply, however, to foreign flagged vessels on the Great Lakes transiting U.S. internal waters but destined for or departing from a Canadian port because innocent passage and transit passage do not apply.
Under its PWSA authority, the U.S. Coast Guard is making a policy change that will allow for issuance of Captain of the Port (COTP) orders to direct vessel movements (e.g., to anchor, delay transit) in order to conduct law enforcement boardings of Canadian-bound, foreign-flagged (non-Canadian) vessels.[1] The U.S. Coast Guard is making this policy change in furtherance of its Port, Waterways, Coastal Security mission, commitment to public safety, and safeguarding of a shared Marine Transportation System. While the U.S. Coast Guard strives to minimize disruptions to maritime commerce, the safety and security of this critical, shared Marine Transportation System remains paramount.
The U.S. Coast Guard anticipates that this policy change will have minimal impact on U.S. or Canadian commerce.
[1] Pursuant to 46 U.S.C. § 70032, the Coast Guard is not currently authorized to exercise PWSA authority within the Saint Lawrence Seaway, which is exclusively delegated to the Great Lakes Saint Lawrence Seaway Development Corporation. This policy change does not authorize the issuance of COTP orders within the Saint Lawrence Seaway.
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