33 CFR 104.205: Master's authority over vessel safety and security
Last reviewed: October 14, 2026
This section protects the Master's professional judgment on vessel safety and security. When safety and security requirements conflict, the Master may give precedence to safety and take temporary security measures. The Master must notify the nearest COTP, and for foreign voyages must also notify the Coast Guard via the NRC. The owner or operator must ensure conflicts are resolved.
What it says
Nothing in this part is intended to let the Company, the vessel owner or operator, or any other person constrain the Master from any decision the Master judges necessary to maintain the safety and security of the vessel.
33 CFR 104.205(a)“Nothing in this part is intended to permit the Master to be constrained by the Company, the vessel owner or operator, or any other person”
The Master's authority includes denial of access to persons or their effects, except those identified as duly authorized by the cognizant government authority.
33 CFR 104.205(a)“This includes denial of access to persons—except those identified as duly authorized by the cognizant government authority—or their effects”
The Master's authority also includes refusal to load cargo, including containers or other closed cargo transport units.
33 CFR 104.205(a)“refusal to load cargo, including containers or other closed cargo transport units”
If the Master judges that safety and security requirements conflict during operations, the Master may give precedence to measures that maintain the safety of the vessel and may take the temporary security measures that seem best under all circumstances.
33 CFR 104.205(b)“the Master may give precedence to measures intended to maintain the safety of the vessel, and take such temporary security measures as seem best under all circumstances”
In such a case, the Master must inform the nearest COTP as soon as practicable.
33 CFR 104.205(b)(1)“The Master must, as soon as practicable, inform the nearest COTP.”
If the vessel is on a foreign voyage, the Master must also promptly inform the Coast Guard via the NRC, and the relevant maritime authority of a foreign government if the vessel is subject to that government's jurisdiction.
33 CFR 104.205(b)(1)“If the vessel is on a foreign voyage, the Master must promptly inform the Coast Guard via the NRC at 1-800-424-8802”
The temporary security measures must, to the highest possible degree, be commensurate with the prevailing Maritime Security (MARSEC) Level.
33 CFR 104.205(b)(2)“The temporary security measures must, to the highest possible degree, be commensurate with the prevailing Maritime Security (MARSEC) Level”
The owner or operator must ensure that such conflicts are resolved to the satisfaction of the cognizant COTP, or for vessels on international voyages, the Commandant (CG-5P).
33 CFR 104.205(b)(3)“The owner or operator must ensure that such conflicts are resolved to the satisfaction of the cognizant COTP, or for vessels on international voyages, the Commandant (CG-5P)”
Common questions
Can a vessel owner override the Master's security decisions?
No. Nothing in this part is intended to let the Company, the vessel owner or operator, or any other person constrain the Master from decisions the Master judges necessary for the vessel's safety and security.
“Nothing in this part is intended to permit the Master to be constrained by the Company, the vessel owner or operator, or any other person”
Can the Master refuse to load cargo?
Yes. The Master's authority to take decisions necessary for safety and security includes refusal to load cargo, including containers or other closed cargo transport units.
“refusal to load cargo, including containers or other closed cargo transport units”
Who must the Master notify when safety and security requirements conflict?
The Master must inform the nearest COTP as soon as practicable. If the vessel is on a foreign voyage, the Master must also promptly inform the Coast Guard via the NRC, and the relevant foreign maritime authority if the vessel is subject to that government's jurisdiction.
“If the vessel is on a foreign voyage, the Master must promptly inform the Coast Guard via the NRC at 1-800-424-8802”
Who must see that a conflict between safety and security requirements is resolved?
The owner or operator must ensure the conflict is resolved to the satisfaction of the cognizant COTP, or for vessels on international voyages, the Commandant (CG-5P).
“The owner or operator must ensure that such conflicts are resolved to the satisfaction of the cognizant COTP, or for vessels on international voyages, the Commandant (CG-5P)”
The text of 33 CFR 104.205
Electronic Code of Federal Regulations (eCFR), current as of April 16, 2026 · Read it on eCFR
Master
(a) Nothing in this part is intended to permit the Master to be constrained by the Company, the vessel owner or operator, or any other person, from taking or executing any decision which, in the professional judgment of the Master, is necessary to maintain the safety and security of the vessel. This includes denial of access to persons—except those identified as duly authorized by the cognizant government authority—or their effects, and refusal to load cargo, including containers or other closed cargo transport units.
(b) If, in the professional judgment of the Master, a conflict between any safety and security requirements applicable to the vessel arises during its operations, the Master may give precedence to measures intended to maintain the safety of the vessel, and take such temporary security measures as seem best under all circumstances. In such cases:
(1) The Master must, as soon as practicable, inform the nearest COTP. If the vessel is on a foreign voyage, the Master must promptly inform the Coast Guard via the NRC at 1-800-424-8802, direct telephone at 202-267-2675; Fax: 202-267-1322, TDD at 202-267-4477, or E-mail at HQS-DG-lst-NRCINFO@uscg.mil and if subject to the jurisdiction of a foreign government, the relevant maritime authority of that foreign government;
(2) The temporary security measures must, to the highest possible degree, be commensurate with the prevailing Maritime Security (MARSEC) Level; and
(3) The owner or operator must ensure that such conflicts are resolved to the satisfaction of the cognizant COTP, or for vessels on international voyages, the Commandant (CG-5P), and that the possibility of recurrence is minimized.
The plain-English explanation on this page was written with AI from the regulation text above and checked automatically before publishing: every quote appears in the text, every number comes from it, and a second model confirmed each statement adds nothing the text doesn't say. Regulation text current as of April 16, 2026. The regulation text governs. RegKnot is not affiliated with the U.S. Coast Guard.