The US Coast Guard published updated guidance on actions for vessels arriving in US ports amid COVID-19, adding the suspension of entry of nonimmigrants from India to the current list of restricted countries, as per a Presidential Executive Order last month.
Change 7 to Marine Safety Information Bulletin 02-20 reiterates that vessels arriving to or traveling between any US port or place must follow reporting and infection control measures to maintain the safety of personnel onboard vessels as well as within the port.
Meanwhile, Vessel Reporting Requirements remain as follows:
Illness of a person onboard any vessel that may adversely affect the safety of a vessel or port facility is a hazardous condition per 33 C.F.R. § 160.216 and must be reported immediately to the USCG Captain of the Port (COTP). Cases of persons who exhibit symptoms consistent with COVID-19 must be reported to the COTP. This requirement is separate and additional to any other required Coast Guard or CDC reporting, and applies to vessels departing from or arriving at any port or place in the US, includes internal waters, the territorial seas, and deepwater ports.
In addition to Coast Guard reporting requirements, 42 C.F.R. § 71.21 requires vessels destined for a U.S. port to report to the CDC any sick or deceased crew/passengers during 15 days prior to arrival at the U.S. port. Guidance to vessels to report deaths and illnesses to the CDC can be found here.
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US-flagged commercial vessels are also advised to report ill crewmembers in accordance with the requirements of each foreign port called upon. Furthermore, 42 C.F.R. § 70.4 states the master of any vessel or person in charge of any conveyance engaged in interstate traffic, on which a case or suspected case of a communicable disease develops shall, as soon as practicable, notify the local health authority at the next port of call, station, or stop, and shall take such measures to prevent the spread of the disease as the local health authority directs.
See MSIB 06-20, “Vessel Reporting Requirements for Illness or Death”, for further information.
List of countries
Several Presidential Proclamation placed entry restrictions from persons arriving from or through the following countries:
Iran, China (excluding Hong Kong and Macau), the European states within the Schengen Area (Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland), UK (excluding overseas territories outside of Europe), the Republic of Ireland, the Federative Republic of Brazil, the Republic of South Africa, and India.
Non-passenger Commercial Vessels:
- Non-passenger commercial vessels that have been to the countries noted above or embarked crewmembers from the countries noted above within the last 14 days, with no sick crewmembers, will be permitted to enter the US and conduct normal operations, provided they remain aboard the vessel except to conduct specific activities directly related to vessel cargo or provisioning operations. US citizens or any other persons listed in Section 2 of Presidential Proclamation “Proclamation on the Suspension of Entry as Immigrants and Non-Immigrants of Certain Additional Persons Who Pose a Risk of Transmitting Coronavirus Disease”, for example, crewmembers with a transit and/or crewmember visa, may be permitted to disembark the vessel to conduct vessel operations pier-side or for the immediate and continuous transit through the U.S. to another country. When entering the US all persons must be cleared by Customs and Border Protection (CBP) and, if applicable, CDC. Crewmembers without the appropriate visas will need to be cleared for entry by CBP and, if applicable, CDC.
- Non-passenger commercial vessels that have been to the countries noted above or embarked crewmembers from the countries noted above within the last 14 days, and do have sick crewmembers must report the illness per the requirements found above, and should expect delays and need to work with local health and port officials prior to entry.
