The "memorandum of understanding" includes environmental protections already in place, as well as others that "go above and beyond what their practice is," said Gary Gill, deputy director of the state Environmental Health Administration.

The signing marks more than a year of efforts as the industry brings a growing number of visitors to Hawai'i, and increasing concerns here and elsewhere about controlling potential pollution and damage to the environment.

Cruise visitors to the Islands surged by more than 50 percent ­ to 118,515 ­ in the first half of the year, carried by more and bigger ships, and approaching in just six months the total of cruise passengers who came to Hawai'i last year, according to the state.

The agreement means that all members of the North West Cruise Ship Association that run cruises longer than one day in the Islands promise to abide by certain environmental practices, policies and goals.

Advocates of stronger rules governing the cruise industry note, however, that a memorandum of understanding ­ while it's a step in the right direction ­ is not legally binding and does not carry any penalties.

Cruise ship association members include Norwegian Cruise Line, Carnival Cruise Lines, Celebrity Cruises, Crystal Cruises, Holland America Line, Princess Cruises, Royal Caribbean Cruise Line, World Explorer, Radisson Seven Seas and Seabourn.

Hawai'i's efforts follow those of other states. The Florida Department of Environmental Protection signed a similar memorandum of understanding in March 2000 with the Florida-Caribbean Cruise Association and the International Council of Cruise Lines. Last year, Alaska passed legislation regulating environmental protection practices for cruise lines.

The most significant provision in the draft Hawai'i agreement, Gill said, is the prohibition on any wastewater discharge in the state's marine areas, meaning anywhere within

4.4 miles of the area where the ocean floor is at least 600 feet deep.

According to a six-page draft of the agreement, that policy comes in addition to cruise industry practices adopted by the International Council of Cruise Lines, a sister association to the North West CruiseShip Association.

"That, I think, resolves one of the largest concerns that people had regarding these large passenger carriers," Gill said.

The draft agreement's wastewater discharge prohibition comes with an exception for ships that meet higher standards for disinfection and treatment, which can discharge beyond a mile from shore.

North West CruiseShip association president John Hansen could not be reached for comment yesterday, a representative said.

Last month, as the agreement was in the works, Hansen said "there aren't a lot of changes from what the practices or technology are that's in place right now, but what this agreement does is puts in writing the commitments from the industry."

Cruise ship association members also agree under the draft agreement to eliminate waste disposal as much as possible through better reuse and recycling while operating in Hawai'i waters.

Waste will be discharged only if properly processed, and solid waste will be offloaded in compliance with state and local laws.

The cruise association also agrees not to use incinerators in Hawai'i ports for combustion of waste, to limit visible emissions, to monitor visible stack emissions and not to discharge soot within 1,000 yards of the coastline.

The cruise lines state in the draft agreement that they intend to use fuel with sulfur content below

2.8 percent, if available, and will notify the state if it is not.

Not everyone is pleased with the draft memorandum. Sierra Club Hawai'i chapter director Jeffrey Mikulina said he would prefer to see state laws regulating cruise industry environmental practices.

"We're frustrated that the state is approaching this with a handshake instead of with teeth," Mikulina said. "That said, it's not a terrible start."

Mikulina said he was concerned that Alaska's more stringent laws might encourage cruise lines to send their cleanest-running ships to Alaska, "and Hawai'i might get the second-best."

Hawai'i "is really looking at every possible new economic tourism source, and doesn't want to do anything to scare the industry off," Mikulina said.

Gill noted that implementing the memorandum would take work.

"Whether (the cruise lines) live up to their commitments, and whether these commitments prove to be adequate, is something that will require eternal vigilance," Gill said.

The Hawai'i agreement stipulates that it be reviewed annually, at least, to monitor its effectiveness, and that either party can cancel it with 90 days' written notice.

"With this (agreement), we're taking an initial step into that middle ground," Gill said, "and should for any reason that not be adequate to protect the environment, certainly this administration or future administrations or the Legislature itself is not precluded from passing new laws or rules that would govern the cruise ship industry.

"If for any reason any environmental issues arise, I am sure this memorandum will be revisited."