Posted on: Friday, March 14, 2003
Panel hears debate over cruise-ship discharge
By Timothy Hurley
Advertiser Maui County Bureau
KIHEI, Maui — With the issue stalled at the Legislature, the debate over cruise-ship wastewater regulations yesterday spilled into the laps of panel members advising the Hawaiian Islands Humpback Whale National Marine Sanctuary.
The Sanctuary Advisory Council heard opposing presentations from a cruise-ship industry representative and an environmental lawyer and then decided to continue the discussion in a committee. Several council members expressed interest in pushing for some kind of monitoring or independent-observer program after hearing that enforcement could be tenuous.
Charles Toguchi, the Hawai'i representative of the North West CruiseShip Association, said the major cruise lines are doing their best to abide by guidelines outlined in a memorandum of understanding signed by former Gov. Ben Cayetano last year.
The guidelines, he said, were developed during 18 months of "tough negotiations'' with state and federal agencies. In general, they preclude discharges of all kinds of waste within four miles of shore.
But Isaac Moriwake, an attorney for Earthjustice, said cruise-ship companies have been fined millions of dollars in recent years for violating similar regulations. He argued the industry can't be trusted to follow "a handshake agreement'' that relies heavily on self-enforcement.
"We think that's completely inappropriate given the history of the industry," he said.
Toguchi said the Coast Guard is the lead enforcement agency and that ship inspections are conducted at least four times a year.
Moriwake said the Coast Guard doesn't have the time or manpower to do the job sufficiently, especially now that national security occupies more of its time.
Toguchi said every time he meets with the association members, he warns them that the first violation of the agreement will lead to stricter regulations.
Association members include nearly all of the major cruise lines that operate in Hawai'i waters, including Princess Cruises and Holland America Line, the companies in the middle of a controversy that has sparked greater scrutiny of the industry.
Earthjustice represents a Moloka'i community group in a lawsuit to prevent the two cruise lines from visiting the island until an environmental review is done. The group was unable to get an injunction to halt the visits and is now seeking summary judgment in the case. Holland America and Princess decided to cancel any visits until after it meets with residents on Moloka'i.
State legislation to regulate cruise-ship discharges was shelved by committee leaders who argued that the state's memorandum of agreement is more restrictive than the proposed bills.
The Sanctuary Advisory Council took the issue up out of concern for the effects of pollution on marine life. Although the sanctuary has no authority to create regulations, it has access to money and the power to lobby.
Meanwhile, Norwegian Cruise Line is taking "strong disciplinary action" against employees involved in the Jan. 31 discharge of trash from aboard the Norwegian Wind as it was sailing to Maui from Fanning Island.
In a statement this week, the company said that while it doesn't believe any laws were broken, the employees violated company policy that calls for no discharging of solid waste except to licensed disposal companies onshore. Company policy also requires that aluminum cans be crushed and recycled through licensed contractors.
The Coast Guard marine safety office in Honolulu is investigating the incident, which involved the dumping of bottles and cans and, possibly, plastic items.
