(A) Notwithstanding any provision of the Revised Code to the contrary, the department of natural resources, division of watercraft, in consultation with the department of public safety, shall adopt rules regarding the security of ports on waterways in this state and the facilities associated with those ports. The rules shall include but not be limited to provisions that do the following:
(1) Designate the ports, located in whole or in part within this state, to which the requirements of this section apply, considering the size and activity of the port, its proximity to a metropolitan location, its proximity to a sensitive site as defined in section 4563.30 of the Revised Code, and any other criteria related to security that the department considers reasonable;
(2) Require the designated ports to register biennially with the department of natural resources;
(3) Require the designated ports to do all of the following:
(a) Prepare a written security plan that is consistent with the most recent security guidelines established pursuant to the national maritime transportation security plan by the secretary in the department in which the United States coast guard is located;
(b) Develop a written list of emergency contacts and telephone numbers;
(c) Restrict access to vessels by unauthorized persons;
(d) Require those piloting or renting vessels to provide identification;
(e) Create an emergency locater map that identifies areas of the port facilities;
(f) Familiarize local law enforcement agencies with the facilities and consult with them in the development of the port's security procedures.
(4) Require all owners of vessels or pilots to secure their vessels;
(5) Require all persons who rent a vessel to present government-issued identification, in addition to any required license, to the person who rents them the vessel;
(6) Address the security of port facilities located in whole or in part in this state in any other manner the department determines to be necessary.
(B) The security plan and the emergency locator map this section describes shall display prominently the following statement: "This document may contain information that, if disclosed, could endanger the life or safety of the public; therefore, this document is to be maintained and used in a manner that preserves the confidentiality of the information it contains in a manner consistent with law."
(C) Each port facility designated pursuant to division (A) of this section shall provide a copy of the registration this section requires and the port's security plan and emergency locator map to the department of public safety, to the department of natural resources, to the sheriff of the county in which the port is located in whole or in part, and if the facility is located in whole or in part in a municipal corporation, to the chief of police of each municipal corporation in which the port is located. Copies of registration, emergency locator maps, and security plans provided under this division are not public records under section 149.43 of the Revised Code and are not subject to mandatory disclosure under that section.
(D) This section shall not be construed to replace or supersede any standards for facilities the United States department of homeland security and the transportation security administration require, safety standards of the United States department of transportation, or any standard or law related to maritime security enforced by the secretary of the department in which the United States coast guard is located.
Effective Date: 04-14-2006