STAR-BULLETIN / JULY 2004 Lawmakers are considering a measure to crack down on cruise ship dumping with tough penalties.

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Bill aims to fine
cruise ships

Ship operators could face
prison time and hefty fines for
dumping, under a proposed law

Operators of cruise ships and passenger vessels could face up to three years in prison and a $25,000 per day fine if they knowingly discharge waste into Hawaii's waters, under a bill before the Legislature.

And that's just for the first offense.

Star-Bulletin Legislature Database Star-Bulletin Legislature Guide (PDF, 1.9 MB) State Legislature: Bills & Hawaii Revised Statutes

Currently there is a "memorandum of understanding" between the state and the North West CruiseShip Association, which includes standards for waste water management and an agreement from cruise ships not to release wastewater within four nautical miles of where Hawaii's waters drop to 600 feet. But the agreement doesn't give the state the power to go after violators.

Under the proposed legislation, punishment increases with subsequent violations.

The bill advanced by members of the House Transportation Committee would punish those on their second violation and beyond with a minimum of a $50,000 per day fine or up to six years in prison, or both.

Larry Lau, state deputy director for environmental health, testified against the measure during a hearing Wednesday. The current memorandum covers a larger area than the proposed statute -- which can only regulate waters up to three miles from shore -- doesn't conflict with federal rules and is working, he said.

The state Health Department said it is aware of only two discharge violations -- one a mile out from Hilo in October and another last month near Honolulu -- in the past 12 months.

While he didn't support the bill, Rep. Galen Fox, R-Waikiki-Ala Moana, questioned whether it was appropriate that cruise operators not be financially liable for their mistakes under the memorandum of understanding.

"Don't you think you guys should pay a penalty when you discharge when you shouldn't?" Fox asked Robert Kritzman, executive vice president and managing director of Hawaii Operations for NCL America, Norwegian Cruise Line's U.S. subsidiary, which will be have three full-time cruise ships in the islands by summer 2006.

Kritzman replied that operators should be held responsible when there is damage reported to the environment. He said his company would also be interested in sitting down to negotiate penalties to be included in the agreement.

The bill goes next before a joint meeting of the Energy and Environmental Protection Committee and Water, Land and Ocean Resources Committee.