Port & Maritime Security in Washington: TWIC, MTSA and MARSEC Explained

Which facilities are regulated?

The Maritime Transportation Security Act (MTSA) rules for facilities, in 33 CFR Part 105, apply to the owner or operator of U.S. facilities that, among others (33 CFR 105.105):

• Receive foreign cargo vessels greater than 100 gross register tons
• Receive U.S. cargo vessels greater than 100 gross register tons that are subject to federal inspection (facilities receiving only inspected commercial fishing vessels are excluded)
• Receive vessels certificated to carry more than 150 passengers
• Receive vessels subject to the international SOLAS convention, chapter XI
• Handle oil, hazardous materials or liquefied gases covered by 33 CFR parts 126, 127 or 154
• Operate barge fleeting facilities for certain dangerous bulk cargoes

Regulated facilities must have a Facility Security Plan approved by the local Coast Guard Captain of the Port, and a Facility Security Officer who holds a TWIC (33 CFR 105.115, 105.205). Facilities not on the list — most marinas, boatyards and port business parks — fall under the general maritime security rules in parts 101–103 but don’t need their own facility plan (33 CFR 105.105(b)).

What is a TWIC?

The Transportation Worker Identification Credential is a federal ID card issued by the TSA after a background check. Anyone who needs unescorted access to secure areas of a regulated vessel or facility must hold one before access is granted (33 CFR 101.514). A new TWIC costs $125.25 and is valid for five years; eligible holders can renew online for $117.25 (TSA).

Federal officials, state and local law enforcement, and emergency responders during an emergency don’t need a TWIC to enter secure areas (33 CFR 101.514).

Escorts for everyone else

People without a TWIC can still enter — they must show acceptable photo ID and be escorted inside secure areas (33 CFR 101.515). “Escorting” means the person is continuously accompanied, closely enough to see whether they are doing anything other than what they were allowed in for. In restricted areas, that means a TWIC holder side by side (33 CFR 101.105).

New employees can get limited access to secure areas for up to 30 days while their TWIC application is pending — but only if they have fully enrolled, the facility enters their information in the Coast Guard’s Homeport system, and they are accompanied by a TWIC holder (33 CFR 105.257).

Security officers at regulated facilities

Facility personnel with security duties must maintain a TWIC and be trained (or experienced) in topics including current threats, recognizing dangerous substances and devices, recognizing suspicious behavior, techniques used to get around security, screening people and cargo, the facility’s security plan, and the meaning of each MARSEC level (33 CFR 105.210). In Washington, a contract security officer must also hold a state security guard license (RCW 18.170.030).

What the gate must do at MARSEC Level 1

At the normal level, a regulated facility must, among other things (33 CFR 105.255):

• Prevent anyone from entering a secure area unescorted unless they hold a TWIC and are authorized
• Check the ID of anyone without a TWIC — including visitors and vendors — and confirm their reason for being there with a work order, visitor badge, ticket or similar document
• Deny entry to anyone who can’t or won’t establish their identity or explain why they are there, and report it
• Screen people, bags and vehicles at the rate the security plan sets, and post signs saying entry means consent to screening
• Secure or attend access points to deter unauthorized entry

What are MARSEC levels?

MARSEC (Maritime Security) levels tell ports, vessels and facilities how much risk the Coast Guard sees. Unless directed otherwise, everyone operates at MARSEC Level 1 (33 CFR 101.200). The Coast Guard Commandant can raise the level, and the local Captain of the Port can raise it for a port or specific operation in an emergency. When the level goes up, regulated facilities must put the additional measures in their security plan into effect — often more screening, more patrols and tighter access, which can mean more officers on short notice.

Records and reporting

• Regulated facilities must keep security records — training, drills, incidents and breaches, MARSEC changes and equipment checks — for at least two years, and show them to the Coast Guard on request (33 CFR 105.225).
• Suspicious activity and breaches of security must be reported without delay to the National Response Center at 1-800-424-8802 (33 CFR 101.305).
• Each incident record needs the date and time, where it happened, what happened, who it was reported to and how the facility responded (33 CFR 105.225).

Electronic TWIC readers

Facilities in “Risk Group A” must electronically inspect TWICs. Today that means facilities receiving vessels certificated to carry more than 1,000 passengers. Facilities that handle certain dangerous cargoes in bulk join Risk Group A on May 8, 2029 (33 CFR 105.253). Everyone else may inspect TWICs electronically or visually (33 CFR 105.255).

Marinas and port properties outside MTSA

If your marina or port property isn’t regulated, Washington’s ordinary rules apply. Trespass, theft and burglary laws protect your docks and yards just like any other private property (see our trespassing guide). Washington’s 75 port districts can also adopt rules for the use of their properties, which the city or county can adopt as local ordinances (RCW 53.08.220). Clear posted rules, controlled gates and regular patrols do most of the work.