On October 3, 2024, the U.S. Coast Guard published Change 1 to CVC Policy Letter 23-05 — Guidance on Surveillance Requirements for Certain Commercial Vessels That Do Not Carry Passengers (CVC-PL-23-05-CH01).¹ This updated Policy Letter addresses the surveillance equipment characteristics that vessel owners and operators are required to install and maintain under the Safer Seas Act, which became law in December 2022 as part of the James M. Inhofe National Defense Authorization Act (“NDAA”) for Fiscal Year 2023. The requirement for surveillance equipment is codified in 46 U.S.C. § 4901.  Under the updated Policy Letter, the date requiring installation of the required cameras remains the same—December 23, 2024.  

The USCG still calls for continuous video and audio surveillance; however, the updated guidance states that “for retention purposes, technology may be used to limit data storage to only recordings that capture human activity, whether through sound, movement, or both.” Notably, while there is not CFR guidance on the new requirements yet, this Policy change opens the door for motion and sound activated cameras—something the industry has pushed for since the surveillance requirements first became law. The previous guidance from the USCG on camera installation remains otherwise unchanged.

The current USCG guidance on surveillance equipment, including the recent update in CVC-PL-23-05-CH01, requires the following, inter alia:

1. Video and audio surveillance must be continuous.
2. Retention of surveillance recordings may be limited only to recordings that capture human activity including sound, movement, or both.
3. Video capturing equipment should be of sufficient resolution, frame rate, and sensor and lens quality to identify persons and their actions under all ambient lighting conditions.
4. Video cameras should also be installed so that no area requiring coverage is obstructed from view.
5. Where obstructions exist, additional cameras should be installed to ensure comprehensive coverage, meaning there must be sufficient cameras to continually monitor every stateroom door onboard.
6. Audio recording equipment should be of sufficient sample rate, bit depth, and microphone quality to ensure reasonable discernment of conversations and words spoken in all foreseeable ambient noise conditions and from anywhere within the areas requiring coverage.
7. Where needed, owners should consider noise-canceling microphone technology.

The video and audio surveillance recordings must be retained for at least one year if no incident is reported and for five years if an incident is reported. Additional requirements in Policy Letter 23-05 include that the recordings must have accurate time synchronization, timestamping, and metadata to ensure all retained information can be accurately associated with the date, time, and location of a particular recording. Recordings may be kept physically onboard in the owner’s office or may be stored in a cloud-based service if the metadata is maintained. Additionally, vessel owners shall provide conspicuous signage notifying crewmembers of the presence of the sound and video recording devices.

To date, the USCG has issued the following guidance on Safer Seas Act Compliance and Sexual Assault/Sexual Harassment Prevention and Response on Vessels:

1. MSIB 01-23: Reporting Sexual Misconduct on U.S. Vessels
2. CVC-PL-23-04: Guidance on Statutory Information Requirements Within Accommodation Spaces on Merchant Vessels
3. CVC-PL-23-05: Guidance on Surveillance Requirements for Certain Commercial Vessels that Do Not Carry Passengers (superseded by CVC-PL-23-05-CH01)
4. CVC-PL-23-06: Guidance on Master Key Control Requirements
5. MSIB 13-23-CH01: Coast Guard Policies to Address Sexual Assault and Sexual Harassment Prevention and Response on Vessels
6. CVC-WI-003-Rev. 3: USCG Oversight of Safety Management Systems on U.S. Flag Vessels
7. CVC-PL-23-05-CH01: Guidance on Surveillance Requirements for Certain Commercial Vessels that Do Not Carry Passengers

¹CVC-PL-23-05-CH01 is dated October 1, 2024; however, it was published by the USCG on October 3, 2024.

For further questions regarding the Safer Seas Act requirements, please contact Liskow maritime attorneys Jessie Shifalo, Elizabeth Strunk, and Kelly Scalise and visit our Maritime Litigation practice page.

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