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before embarkation. Passengers not only need to be aware of the existing dumping 

 regulations for reporting purposes, they need to realize that the law applies to themselves as 

 well. 



4) We recommend the establishment of a "whistle-blower" program by the cruise 

 industry to provide crew members with a viable avenue for reporting violations. The most 

 valuable participants in a monitoring program are those who are involved in daily ship 

 operations. Some of the most accurate accounts of dumping violations have come from crew 

 members. They are familiar with the inner workings of the ship, and their observations are 

 essential in establishing criminal intent in a case. However, there is currently no effective 

 system in place to provide crew members with an outlet for getting information to enforcement 

 agencies, while at the same time protecting their identity (and therefore their job). We 

 recommend that such an avenue be established by the cruise industry and widely publicized, 

 using multi-lingual notices, at ports of call, in trade publications, and, if possible, on board 

 vessels. 



III. STRENGTHENING ENFORCEMENT EFFORTS 



A. Recent U.S. Coast Guard Initiatives 



CMC applauds the Coast Guard's recent initiatives to step up enforcement action against 

 violators of MARPOL Annex V. In the last several months the Coast Guard and other federal 

 authorities have been successful in securing two substantial criminal penalties against MARPOL V 

 violators: one against a Seattle-based factory trawler for $150,000, and the other against Princess 

 Cruises for $500,000, the largest fine ever assessed for mis type of violation. This sends a strong 

 message to any vessel traveling within our waters - the U.S. is serious about enforcing its pollution 

 laws. In the last six months the Coast Guard has also initiated measures to: increase education of 

 personnel at MSOs on MARPOL V regulations; increase coordination with APHIS officials; expedite 

 cases brought to their attention; and formulate pilot programs to conduct public outreach. CMC fully 

 supports these and other actions and in addition, encourages the Coast Guard and other federal 

 agencies to put into force the following measures to further strengthen enforcement capabilities: 



1) Requiring the use of shipboard refuse recordkeeping. We understand that the Coast 

 Guard has reintroduced regulations to OMB requiring vessels to document how and when they 

 discharge or dispose of vessel-generated waste. The Center believes that record keeping can 

 serve an important role in determining waste handling practices aboard ships. Implementing 

 these requirements, on large vessels already required to keep oil records, will help enforcement 

 personnel substantiate claims of legal or illegal disposal of vessel-generated garbage. 



2) Extend Coast Guard coordination with U.S. Attorney's Offices throughout the 

 country to coordinate prosecution of criminal cases. Civil penalties assessed by the U.S. 

 Coast Guard have not deterred the cruise industry or other marine industries from violating the 

 law. The added threat of criminal prosecution must be used wherever possible to ensure 

 eventual compliance. To this end, we encourage the Coast Guard to coordinate their 

 enforcement efforts with other U.S. Attorney's Offices nationwide, using the successful Florida 

 based Princess Cruise Line case as a model. We also encourage the Coast Guard to expedite 

 this procedure whenever possible and wherever appropriate. 



3) We recommend that the resources of the Federal Bureau of Investigation (FBI) and 

 the Environmental Protection Agency (EPA) be made available to U.S. Attorney's Offices 

 to aid in criminal investigations. We encourage the participation of these two agencies on 

 two levels. First, to aid the U.S. Attorney's Offices in conducting investigations of pending 

 criminal cases; and second, to provide agents to conduct under-cover investigations on board 

 vessels which have been targeted as repeat offenders, but where insufficient evidence exists to 

 formulate a case against them. 



4) We encourage the Coast Guard to share their expertise on MARPOL enforcement 

 with their counterparts in Caribbean nations. The Coast Guard recently incorporated 

 MARPOL V education into a training session held by U.S. Coast Guard Port Safety Training 

 Teams in Panama. We encourage the Coast Guard to continue to actively participate in 

 Caribbean forums where they can share their expertise and their experience. We also 

 encourage the exchange of information with other nations regarding MARPOL violations within 

 their waters. Although the U.S. can only prosecute violators of the law within our 200 mile 

 EEZ, by garnering information on who has broken the law elsewhere, enforcement agencies 

 will be able to better track known offenders and establish criminal intent if a violation 

 subsequently occurs in our waters. 



Center for Marine Conservation, Page 4 



