Posted on: Friday, February 18, 2005

EDITORIAL
Laws should govern cruise ship industry

With growing environmental awareness among customers and government regulators, the international cruise ship industry has steadily upgraded its standards for pollution, water discharge and the like.

In short, the industry has steadily become more "green" in recent years. And that's good news for Hawai'i, which recently welcomed the cruise industry in a major way.

Because of the industry's self-regulation, some states (including Hawai'i) have agreed that a voluntary "memorandum of understanding" on environmental standards between jurisdictions and the cruise industry makes the most sense. These agreements are flexible, easily amendable and fit closely with what the cruise industry realistically can accomplish. But there is no direct enforcement mechanism other than self-reporting.

Some states— including Alaska, Maine and California— have concluded the better path to strict environmental standards is to pass laws governing standards for the industry, which typically include tough "no-dump" standards in nearshore waters.

Given the importance of the environment to our state and our economy, the Legislature is appropriately considering several similar proposals that would establish regulatory standards for the industry. The details remain to be worked out, but it makes sense to have specific laws, including clear sanctions or penalties, on the books.

The industry argues there is no need for laws — that it already follows any environmental practice that would be enforced by law.

If that's the case, then the law should pose no serious burden. It also would give the state tools to go after operators who might be less meticulous than those currently operating in interisland waters.

Others have rightly pointed out that a state law would not apply beyond three miles to sea, while the memos of understanding apply regardless of where the ships travel. Still, there is nothing to stop the state and the industry from adopting voluntary standards for areas where the state's regulatory reach is not valid.

With the potentially fruitful cruise industry here still in its infancy, the time is right to develop and adopt clear and sound environmental laws, with Hawai'i's best interest at heart.