51 



by Coastal States of their own regulations. Therefore-^iost of 

 the cruise ship industry was affected by the Coast Guard's 

 decision in July 1992 to carry out action on a Port State basis 

 rather than relying on Flag State enforcement, wherever U.S. 

 jurisdiction could be established. Previously, we forwarded 

 marpol cases against foreign flag vessels to the appropriate Flag 

 State for enforcement action. Now we take direct action under 

 the Act to Prevent Pollution from Ships including, where 

 appropriate, referral to the Department of Justice for criminal 

 penalties, for all suspected Annex V violations that have 

 occurred within the U.S. Exclusive Economic Zone. This change 

 was driven by an apparent lack of action by Flag States on cases 

 forwarded to them - - a situation we deemed unacceptable. 



Over the past four years, the Coast Guard has initiated 102 

 pollution violation cases against passenger ships - 62 for oil 

 spills and 40 for garbage discharges. Each year, the number of 

 cases we have cited has increased. During 1989, the Coast Guard 

 initiated a total of 17 violation cases against passenger 

 ships - - 8 for oil spills and 9 for garbage discharges. In 

 1990, there were 20 cases initiated - - 12 oil and 8 garbage 

 discharge violations. In 1991, 30 pollution cases were initiated 

 against passenger ships - - 20 for oil discharges and 10 for 

 garbage discharges. Last year, in 1992, 35 cases were cited - - 

 22 for oil and 13 for garbage discharge violations. The largest 

 fine to date against a cruise ship involved the vessel REGAL 

 PRINCESS for $500,000. -At present, three cases investigated by 

 the Coast Guard against cruise ships for violations of the 



