BILL ANALYSIS SENATE COMMITTEE ON PUBLIC SAFETY Senator Gloria Romero, Chair S 2007-2008 Regular Session B 1 5 8 SB 1582 (Simitian) 2 As Amended March 25, 2008 Hearing date: April 8, 2008 Public Resources Code SM:mc OCEAN RANGERS HISTORY Source: Gershon Cohen, Earth Island Institute Prior Legislation: None Support: AFSCME; California Coastkeeper Alliance; Crime Victims United; National Center for Victims of Crime; National Organization of Parents of Murdered Children, Inc.; California Statewide Law Enforcement Association; 14 private citizens Opposition:Cruise Lines International Association; Port of San Francisco KEY ISSUES SHOULD OWNERS OR OPERATORS OF LARGE PASSENGER VESSELS OPERATING IN CALIFORNIA BE REQUIRED TO HAVE AN "OCEAN RANGER" ON BOARD TO MONITOR COMPLIANCE WITH SPECIFIED LAWS? SHOULD OWNERS OR OPERATORS OF SUCH VESSELS BE REQUIRED TO PROVIDE UPON REQUEST SPECIFIED RECORDS FOR INSPECTION? (More) SB 1582 (Simitian) PageB (CONTINUED) SHOULD THE DUTIES OF SUCH "OCEAN RANGERS" BE TO MONITOR COMPLIANCE WITH WASTEWATER DISCHARGE LAWS, REVIEW PROCEDURES INVOLVING ONBOARD WASTEWATER TREATMENT, REVIEW SPECIFIED RECORDS, AND ASSIST PASSENGERS AND CREW WITH REPORTING AND INVESTIGATING POTENTIAL CRIMINAL ACTIVITIES OCCURRING ON BOARD WHILE IN THE MARINE WATERS OF THE STATE? SHOULD THE ATTORNEY GENERAL BE REQUIRED TO NEGOTIATE A MEMORANDUM OF UNDERSTANDING WITH AUTHORITIES IN ALASKA, WASHINGTON, HAWAII, CANADA, AND BAJA CALIFORNIA TO REQUIRE "OCEAN RANGERS" TO BOARD LARGE PASSENGER VESSELS AT THE LAST PORT OF CALL BEFORE THE VESSEL ENTERS THE MARINE WATERS OF THE STATE, AS SPECIFIED? SHOULD THE DEPARTMENT OF JUSTICE BE REQUIRED TO MAKE ARRANGEMENTS WITH OWNERS OR OPERATORS OF LARGE PASSENGER VESSELS EMBARKING FOR AN INTERNATIONAL DESTINATION AND NOT RETURNING WITHIN SEVEN DAYS TO ALLOW AN "OCEAN RANGER" TO DISEMBARK THE SHIP OR REMAIN IN THE FIRST PORT OF CALL OUTSIDE CALIFORNIA, OR IN SAN DIEGO, AS SPECIFIED? SHOULD THE OPERATOR OF THE VESSEL BE REQUIRED TO PROVIDE ROOM AND BOARD FOR AN "OCEAN RANGER" EQUIVALENT TO THOSE PROVIDED FOR THE SHIP'S OWN PRIVATE SECURITY PERSONNEL? SHOULD THE DEPARTMENT OF JUSTICE BE AUTHORIZED TO ASSESS ON THE OPERATOR OF THE VESSEL A FEE OF $1 PER PASSENGER FOR EACH DAY AN "OCEAN RANGER" WILL BE ABOARD THE VESSEL? PURPOSE The purpose of this bill is to (1) require owners or operators of large passenger vessels operating in California to have an "ocean ranger" on board to monitor compliance with specified laws; (2) require owners or operators of such vessels to provide (More) SB 1582 (Simitian) PageC upon request specified records for inspection; (3) specify that "ocean rangers" shall monitor compliance with wastewater discharge laws, review procedures involving onboard wastewater treatment, review specified records, and assist passengers and crew with reporting and investigating potential criminal activities occurring on board while in the marine waters of the state; (4) require the Attorney General to negotiate a Memorandum of Understanding with authorities in Alaska, Washington, Hawaii, Canada and Baja California to require "ocean rangers" to board large passenger vessels at the last port of call before the vessel enters the marine waters of the state, as specified; (5) require that arrangements be made between the Department of Justice and owners or operators of large passenger vessels embarking for an international destination and not returning within seven days to allow an "ocean ranger" to disembark the ship or remain in the first port of call outside California, or in San Diego, as specified; (6) require that the operator of the vessel provide room and board for an "ocean ranger" equivalent to those provided for the ship's own private security personnel; and (7) authorize the Department of Justice to assess on the operator of the vessel a fee of $1 per passenger for each day an "ocean ranger" will be aboard the vessel. Existing federal law states that the special maritime and territorial jurisdiction of the United States includes: the high seas, any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State, and any vessel belonging in whole or in part to the United States or any citizen thereof, or to any corporation created by or under the laws of the United States, or of any State, Territory, District, or possession thereof, when such vessel is within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State; any vessel registered, licensed, or enrolled under the laws of the United States, and being on a voyage upon the waters of any of the Great Lakes, or any of the waters connecting them, or upon the Saint Lawrence River where the (More) SB 1582 (Simitian) PageD same constitutes the International Boundary Line; any lands reserved or acquired for the use of the United States, and under the exclusive or concurrent jurisdiction thereof, or any place purchased or otherwise acquired by the United States by consent of the legislature of the State in which the same shall be, for the erection of a fort, magazine, arsenal, dockyard, or other needful building; any island, rock, or key containing deposits of guano, which may, at the discretion of the President, be considered as appertaining to the United States; any aircraft belonging in whole or in part to the United States, or any citizen thereof, or to any corporation created by or under the laws of the United States, or any State, Territory, district, or possession thereof, while such aircraft is in flight over the high seas, or over any other waters within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular State; any vehicle used or designed for flight or navigation in space and on the registry of the United States pursuant to the Treaty on Principles Governing the Activities of States in the Exploration and Use of Outer Space, Including the Moon and Other Celestial Bodies and the Convention on Registration of Objects Launched into Outer Space, while that vehicle is in flight, which is from the moment when all external doors are closed on Earth following embarkation until the moment when one such door is opened on Earth for disembarkation or in the case of a forced landing, until the competent authorities take over the responsibility for the vehicle and for persons and property aboard; any place outside the jurisdiction of any nation with respect to an offense by or against a national of the United States; to the extent permitted by international law, any foreign vessel during a voyage having a scheduled departure from or arrival in the United States with respect to an offense committed by or against a national of the United States; (More) SB 1582 (Simitian) PageE with respect to offenses committed by or against a national of the United States as that term is used in section 101 of the Immigration and Nationality Act [8 USCS 1101]- o the premises of United States diplomatic, consular, military or other United States Government missions or entities in foreign States, including the buildings, parts of buildings, and land appurtenant or ancillary thereto or used for purposes of those missions or entities, irrespective of ownership; and o residences in foreign States and the land appurtenant or ancillary thereto, irrespective of ownership, used for purposes of those missions or entities or used by United States personnel assigned to those missions or entities. Nothing in this paragraph shall be deemed to supersede any treaty or international agreement with which this paragraph conflicts. This paragraph does not apply with respect to an offense committed by certain members of the Armed Forces and by persons employed by or accompanying the Armed Forces outside the United States. (18 USCS 7.) Existing law requires the State Water Resources Control Board to request the appropriate federal agencies, as determined by the board, to prohibit the release of sewage sludge and oily bilge water, except under the circumstances specified in Section 72441, by large passenger vessels and oceangoing ships, in all of the waters that are in the Channel Islands National Marine Sanctuary, Cordell Bank National Marine Sanctuary, Gulf of the Farallones National Marine Sanctuary, and Monterey Bay National Marine Sanctuary, that are not in the state waters. (Public Resources Code 72440.) Existing law provides that if the appropriate federal agencies approve an application made pursuant to subdivision (a) of Section 72440, or if the board determines that an application is not required, an owner or operator of a large passenger vessel or oceangoing ship may not release, or permit anyone to release, (More) SB 1582 (Simitian) PageF any sewage sludge from the vessel into the marine waters of the state or a marine sanctuary. (Public Resources Code 72420(a).) Existing law provides that if the Administrator of the United States Environmental Protection Agency approves the application for sewage release made pursuant to subdivision (a) of Section 72440, or if the board determines that an application is not required, an owner or operator of an oceangoing ship with sufficient holding tank capacity may not release, or permit anyone to release, any sewage from the vessel into the marine waters of the state. (Public Resources Code 72420(b).) Existing law states that the Attorney General and special agents and investigators of the Department of Justice are peace officers, and those assistant chiefs, deputy chiefs, chiefs, deputy directors, and division directors designated as peace officers by the Attorney General are peace officers. The authority of these peace officers extends to any place in the state where a public offense has been committed or where there is probable cause to believe one has been committed. (Penal Code 830.1(b).) This bill makes the following legislative findings: More cruise ships are calling upon California ports of call every year. The cruise ship fleet is increasing in size and carrying capacity and producing increasing volumes of solid and liquid waste. Improperly treated wastes released into the environment can significantly impact California's aquatic ecosystems and the people and industries that depend upon them. The cruise ship industry has a poor record on self-policing environmental practices. California's zero-discharge law for cruise ships does not provide independent oversight of the industry or verification of the zero-discharge requirement. Millions of American citizens travel on cruise ships every year and numerous documented cases exist of serious crimes against passengers by other passengers and crew (More) SB 1582 (Simitian) PageG members. The cruise ship industry has failed to adopt adequate measures to protect passengers from theft, rape, assaults, and suspected homicides, or to provide the necessary assistance to United States public safety officers investigating these crimes. Every cruise ship provides thousands of foreign citizens, both passengers and crew, with transport and access to multiple ports of call in the state with insufficient oversight from state and federal authorities. It is the intent of the Legislature to place a licensed marine engineer with peace officer status on all cruise ships traveling through the marine waters of the state. These employees of the state, to be known as ocean rangers, would help protect the state's coastal resources, investigate crimes against passengers, and provide support to state and federal homeland security agencies. This bill defines an "ocean ranger" as an investigator specified in subdivision (b) of Section 830.1 of the Penal Code who is a marine engineer licensed by the United States Coast Guard and certified to perform environmental monitoring, and who has successfully completed a specified training course. This bill would require DOJ, in cooperation with the Commission on Peace Officer Standards and Training (POST), to develop an appropriate course of training for ocean rangers. This bill would require that on and after July 1, 2009, an owner or operator of a large passenger vessel entering and operating in the marine waters of the state shall have an ocean ranger onboard the vessel to act as a compliance observer for the purposes of monitoring compliance with the requirements of specified state and applicable federal laws and regulations regarding discharge of waste while operating in the marine waters of the state. This bill would require the Attorney General to negotiate a Memorandum of Understanding with appropriate state, national, or provincial authorities from Alaska, Washington, Hawaii, and as (More) SB 1582 (Simitian) PageH applicable under international and federal law, Canada, and Baja California. The memoranda shall establish terms and conditions of access to, and egress from, large passenger vessels for the ocean ranger from ports in those states or countries pursuant to this chapter or for equivalent law enforcement and environmental enforcement personnel from those foreign jurisdictions. The memoranda shall require the ocean ranger or the specified equivalent enforcement personnel to board the large passenger vessel at the last port of call made by the vessel before the vessel enters the marine waters of the state. This bill would require that on and after July 1, 2009, a large passenger vessel making a port of call in the state shall not disembark passengers at a California port if the last port of call is in Hawaii, Alaska, Washington, Canada, or Baja California and an ocean ranger authorized by this chapter or equivalent enforcement personnel, as specified, authorized by a Memorandum of Understanding, as specified, has been denied access to the vessel by the vessel operator. This bill would require that, for a large passenger vessel embarking for an international destination from a port in the state, and not returning to the state within seven days, or making a port of call in Hawaii or Alaska, arrangements shall be made between the operator of the vessel and the Department of Justice for the ocean ranger to disembark the ship or remain in the first port of call outside the state. If the Memorandum of Understanding cannot be reached with appropriate authorities in Baja California for a vessel bound for Mexico, arrangements shall be made for the ocean ranger to disembark the ship or remain in San Diego. This bill would require that the operator of the large passenger vessel provide room and board for the ocean ranger or equivalent personnel, as specified, that is equivalent to those provided to private security personnel employed by the vessel operator. This bill would require that an owner or operator of a large passenger vessel entering and operating in the marine waters shall provide, upon request, specified records kept for (More) SB 1582 (Simitian) PageI inspection by the ocean rangers. This bill states that the duties of an ocean ranger would be the following: monitor a large passenger vessel's compliance with the requirements of specified state and applicable federal laws and regulations regarding discharge of wastewater while the vessel is operating in the marine waters of the state; observe maintenance and operational procedures for onboard waste treatment systems and review specified records; assist the passengers and crew, as needed, with reporting and investigating crimes occurring onboard while in the marine waters of the state; and evaluate and respond to risks related to homeland security. This bill authorizes DOJ to assess on the owner or operator of a large passenger vessel a fee of one dollar ($1) per day per passenger for each day the ocean ranger will be aboard the large passenger vessel pursuant to this chapter. This bill states that DOJ shall revise the fee from time to time to ensure that the fee is sufficient to generate sufficient revenues only to cover the costs of implementing this chapter, plus a prudent reserve. This bill states that the moneys collected pursuant to subdivision (a) shall be deposited into the Ocean Ranger Program Fund, which is hereby established in the State Treasury. The moneys in the fund shall be available, upon appropriation by the Legislature, for the training of ocean rangers and the implementation of this chapter. This bill states that DOJ shall implement this chapter in conformity with all applicable requirements of international and federal law. (More) SB 1582 (Simitian) PageJ RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION IMPLICATIONS California continues to face an extraordinary and severe prison and jail overcrowding crisis. California's prison capacity remains nearly exhausted as prisons today continue to be operated with a significant level of overcrowding.<1> A year ago, the Legislative Analyst's office summarized the trajectory of California's inmate population over the last two decades: During the past 20 years, jail and prison populations have increased significantly. County jail populations have increased by about 66 percent over that period, an amount that has been limited by court-ordered population caps. The prison population has grown even more dramatically during that period, tripling since the mid-1980s.<2> The level of overcrowding, and the impact of the population crisis on the day-to-day prison operations, is staggering: As of December 31, 2006, the California Department of Corrections and Rehabilitation (CDCR) was estimated to have 173,100 inmates in the state prison system, based on CDCR's fall 2006 population projections. However, . . . the department only operates or contracts for a total of 156,500 permanent bed capacity (not including out-of-state beds, . . . ), resulting in a shortfall of about 16,600 prison beds relative to the inmate population. The most significant bed shortfalls are for Level I, II, and IV inmates, as well as at reception centers. As a result of the bed deficits, CDCR houses about 10 percent of the inmate population in temporary beds, such as in -------------------- <1> Analysis of the 2007-08 Budget Bill: Judicial and Criminal Justice, Legislative Analyst's Office (February 21, 2007); see also, court orders, infra. <2> California's Criminal Justice System: A Primer. Legislative Analyst's Office (January 2007). (More) SB 1582 (Simitian) PageK dayrooms and gyms. In addition, many inmates are housed in facilities designed for different security levels. For example, there are currently about 6,000 high security (Level IV) inmates housed in beds designed for Level III inmates. . . . (S)ignificant overcrowding has both operational and fiscal consequences. Overcrowding and the use of temporary beds create security concerns, particularly for medium- and high-security inmates. Gyms and dayrooms are not designed to provide security coverage as well as in permanent housing units, and overcrowding can contribute to inmate unrest, disturbances, and assaults. This can result in additional state costs for medical treatment, workers' compensation, and staff overtime. In addition, overcrowding can limit the ability of prisons to provide rehabilitative, health care, and other types of programs because prisons were not designed with sufficient space to provide these services to the increased population. The difficulty in providing inmate programs and services is exacerbated by the use of program space to house inmates. Also, to the extent that inmate unrest is caused by overcrowding, rehabilitation programs and other services can be disrupted by the resulting lockdowns.<3> As a result of numerous lawsuits, the state has entered into several consent decrees agreeing to improve conditions in the state's prisons. As these cases have continued over the past several years, prison conditions nonetheless have failed to improve and, over the last year, the scrutiny of the federal courts over California's prisons has intensified. The federal court has appointed a receiver to take over the direct management and operation of the prison medical health care delivery system from the state. The crisis has continued --------------------------- <3> Analysis 2007-08 Budget Bill, supra, fn. 1. (More) SB 1582 (Simitian) PageL to escalate and, in July of last year, the federal court established a three-judge panel to consider placing a cap on the number of prisoners allowable in California prisons. It is anticipated that the court will reach its decision this year. In his order establishing the judicial panel, Judge Thelton Henderson stated in part: It is clear to the Court that the crowded conditions of California's prisons, which are now packed well beyond their intended capacity, are having - and in the absence of any intervening remedial action, will continue to have - a serious impact on the Receiver's ability to complete the job for which he was appointed: namely, to eliminate the unconstitutional conditions surrounding delivery of inmate medical health care. . . . (T)his case is also somewhat unique in that even Defendants acknowledge the seriousness of the overcrowding problem, which led the Governor to declare a state of emergency in California's prisons in October 2006. While there remains dispute over whether crowded conditions are the primary cause of the constitutional problems with the medical health care system in California prisons, or whether any relief other than a prisoner release order will remedy the constitutional deprivations in this case, there can be no dispute that overcrowding is at least part of the problem. . . . The record is equally clear that the Receiver will be unable to eliminate the constitutional deficiencies at issue in this case in a reasonable amount of time unless something is done to address the crowded conditions in California's prisons. This Court therefore believes that a three-judge court should consider whether a prisoner release order is warranted . . . . (Hon. Thelton Henderson, Order dated July 23, 2007 in Plata v. Schwarzenegger (N.D. Cal) No. C01-1351 TEH (citations omitted).) (More) SB 1582 (Simitian) PageM Similarly, Judge Lawrence Karlton stated: There is no dispute that prisons in California are seriously and dangerously overcrowded. () The record suggests there will be no appreciable change in the prison population in the next two years. (Hon. Lawrence K. Karlton, Senior Judge, United States District Court, Order dated July 23, 2007 in Coleman v. Schwarzenegger (E.D. Cal.) No. S90-0520 LKK JFM P (citations omitted).) This bill does not appear to aggravate the prison overcrowding crisis described above. COMMENTS 1. Need for This Bill According to the author: There are numerous crimes that take place on cruise ships. The only security personnel on board work for the vessel operator. They are minimally trained and their responsibility is to their employer first. Numerous victims have complained that crimes they report are not properly investigated both because the cruise ships worry about public relations issues if the crimes are reported and because of potential civil liability issues. Furthermore, many of the crimes are alleged against members of the crew placing company security guards in a conflicted position. As a result, evidence is not properly collected, maintained, or reported. Airplanes with several hundred passengers have air marshals on board, yet cruise ships carrying thousands of passengers have no public security presence. In addition, California has passed numerous (More) SB 1582 (Simitian) PageN environmental laws regulating dumping of wastewater, bilge water, sewage, and garbage within California waters. In addition we have laws regulating trash incineration. We have no way of knowing whether the cruise ships are complying. The Ocean Rangers will work both on public safety and environmental compliance. 2. Crimes on the High Seas The degree to which crimes committed on cruise ships constitute a public safety concern is a hotly contested issue. The cruise industry maintains that crime rates on cruise ships are lower than in the average American community. Critics, however, say this claim is deceptive because the cruise lines underreport crimes on board and that, in some instances, they have actually tried to cover-up crimes that were reported to them by passengers including very serious crimes. Laurie Dishman, a 36-year-old food service manager from Sacramento, is one of many passengers who have come forward with stories of horrifying experiences on cruise ships. Ms. Dishman testified before Congress last year concerning a trip she took aboard the Royal Caribbean ship Vision of the Seas on Feb. 21, 2006. Ms. Dishman alleges that a ship security guard forced his way into her room and raped her. She stated that when she reported the crime to the ship's crew she was handed a trash bag and told to collect her own evidence, including giving herself a "rape kit" examination. "The purser immediately said to me, 'Maybe you need to control your drinking,''' Dishman said. "They wanted a written statement from me before I could see the doctor. It was like being victimized again.'' (San Francisco Chronicle, April 1, 2007, http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/04/01/MNG4DO V80Q21.DTL&hw=cruise+rape&sn=001&sc=1000 .) According to information provided by the US House of Representatives, Committee on Transportation and Infrastructure, there are approximately 200 ocean-going cruise ships world-wide, each of which carries an average of 2,000 passengers and 950 (More) SB 1582 (Simitian) PageO crew members. With the exception of two ships operating in Hawaii, all of the cruise ships that call on U.S. ports are registered in foreign countries. These foreign-flagged vessels are subject to the laws of the countries in which they are registered and international treaties, primarily the International Convention on Safety of Life at Sea (SOLAS). These foreign-flagged ships are subject to U.S. laws only when they are within the 12-mile territorial waters of the U.S. or as specific conditions are imposed on such vessels as a prerequisite to their entry into a U.S. port. Under the Code of Federal Regulations, cruise ship operators are required to report crimes to U.S. authorities that occur within the 12-mile limit (33 C.F.R. 120.220) but currently they are not required to report crimes that occur outside the 12-mile limit. The Coast Guard, however, is considering adopting regulations that would require such reporting by cruise ships that enter or depart a U.S. port. On April 1, 2007, the Cruise Lines International Association (CLIA), the Federal Bureau of Investigation (FBI), and the United States Coast Guard entered into a voluntary agreement to define the processes that will govern the reporting by cruise lines to the FBI and the Coast Guard of crimes over which the U.S. Special Maritime and Territorial Jurisdiction may apply. In response to claims such as those of Laurie Dishman, Congress has held hearings and legislation is forthcoming in Washington to address the issue. On September 21, 2007, the Los Angeles Times reported that, "[a] day after a congressional subcommittee held a hearing to scrutinize safety on the high seas, Sen. John Kerry (D-Mass.) announced plans Thursday to sponsor legislation that would force cruise lines to report crimes and develop better methods of collecting crime scene evidence. Rep. Doris Matsui (D-Sacramento) will sponsor similar legislation in the House. "We need clear rules for all cruise ships so that we can improve security for the millions of Americans each year who take cruises," Kerry said. "Voluntary steps are not enough." ( http://travel.latimes.com/articles/la-trw-bill-targets-cruise-li nes-on-crime-issue21sep07 .) Representative Matsui's office has (More) SB 1582 (Simitian) PageP advised Committee staff that the Matsui bill and its counterpart in the Senate, to be authored by Senator Kerry, will be introduced shortly. The cruise line industry responds by citing statistics that they assert show the number of crimes committed on board their ships is lower than your average American community. However, some maritime law experts say there is more to the story. J Michael Crye, president of the International Council of Cruise Lines, a trade association for the cruise industry, testified before Congress last year: . . . Mr. Crye cited the following statistics: the national rate of violent crimes is about 465.5 per 100,000 inhabitants, while the Federal Bureau of Investigation reports an average of only 50 crimes a year against U.S. citizens on cruises. According to the Bureau of Justice, 1 in every 1,000 people is raped or sexually assaulted on land each year; on cruise ships, there is only one alleged incident of sexual assault for every 100,000 passengers. While legal experts don't necessarily dispute these statistics, they say that a closer look at the numbers suggests a deeper problem. For example, if a serious crime is committed at sea against an American citizen, the ship's security staff is supposed to report it to the F.B.I. But there are at least two exemptions: crimes against noncitizens are not included, and it is largely left up to the ship's security officers as to what constitutes a "serious" crime. Similarly, the statistics on assault and rape may be artificially low, according to legal experts. Many passengers are unwilling to report an assault because of the humiliating nature of the crime, and because they are uncertain of their legal status at sea. (More) SB 1582 (Simitian) PageQ "The cruise lines go out of their way to hide crime statistics," said Alexander Anolik, a lawyer, based in San Francisco, specializing in travel law. "They try to minimize their statistics and minimize their failures." Mr. Anolik says that in their efforts to make cruises appear safer, ships try to "handle" crimes internally. "But the reports that are taken by a ship's security officers are not always reported to the F.B.I.," he said. "So we don't have an accurate idea of how safe a cruise is." (Mr. Crye of the International Council of Cruise Lines denied that the industry conceals crime statistics, saying it has pledged "full reporting of any crime to the appropriate authorities.") (New York Times, February 26, 2006, ( http://travel2.nytimes.com/2006/02/26/travel/26crime.html?adxnnl =1&pagewanted=print&adxnnlx=1206551180-e69VwVgQ7yZPGhxYKSdcGw ) When a crime is reported, the U.S. may assert criminal jurisdiction for certain crimes against U.S. citizens, in certain circumstances, under what is known as the Special Maritime and Territorial Jurisdiction. (18 U.S.C. 7.) The somewhat murky subject of jurisdiction over crimes committed at sea is not, however, strictly at issue with respect to SB 1582, however, because the bill does not attempt to assert such jurisdiction. Rather, the approach taken by the bill is that those ships doing business in California would be required to enter into a Memorandum of Understanding with the California Department of Justice whereby the cruise ship operators would agree to allow a specially trained investigator of DOJ on board each ship to oversee the operator's investigation of crimes on board and compliance with environmental laws. With respect to the duties of this "ocean ranger" in relation to crimes alleged to have occurred on board ships, the bills simply states that the ranger would "assist passengers and crew, as needed, with reporting and investigating crimes occurring on board while in the marine waters of the state." (More) SB 1582 (Simitian) PageR ARE CRIMES ABOARD CRUISE SHIPS BEING PROPERLY REPORTED? WOULD THE PRESENCE OF A DOJ INVESTIGATOR ABOARD CRUISE SHIPS BE AN EFFECTIVE RESPONSE TO CRIMES COMMITTED ON THESE SHIPS? 3. Unlawful Wastewater Disposal: The Cruise Line Industry's Record The following are a few examples of legal actions taken against cruise line operators for illegal discharges of wastewater - the list is not exhaustive: On November 16, 2006, the State of Washington fined Celebrity Cruises, Inc., $100,000 for dumping more than 500,000 gallons of untreated wastewater into Puget Sound and the Strait of Juan de Fuca. (Seattle Post-Intelligencer, November 17, 2006.) "The release of pollution occurred despite a 2004 agreement banning the dumping of waste in Washington waters unless it's been cleaned with a special treatment system. . . . Celebrity Cruises told the Ecology Department in December 2005 that it had not released any untreated waste in Washington waters that year. But in a September inspection of the ship, department investigators reviewing the Mercury's wastewater discharge records discovered that wasn't true. "Our old salts knew their stuff," said Ecology spokesman Larry Altose. "That's what led to it. . . . The 2004 voluntary agreement to not dump wastewater came after the discharge of 40 tons of raw sewage by a Norwegian Cruise Lines ship near Port Townsend in the Strait of Juan de Fuca. Norwegian wasn't fined over that incident, but it led to the pact between the Ecology Department, the NorthWest Cruise Ship Association and the Port of Seattle." ( http://seattlepi.nwsource.com/local/292739_cruisefine17.html ) In relation to another incident of wastewater discharge in 2002, cruise line company Holland America Line pled guilty to federal criminal charges: One of the largest tourism companies in Alaska has (More) SB 1582 (Simitian) PageS agreed to plead guilty to federal criminal charges resulting from an illegal discharge of some 20,000 gallons of sewage in downtown Juneau by its cruise ship Ryndam in August 2002. The case against Holland America Line marks the first time a cruise ship company has been prosecuted under a 2000 federal law that prohibits dumping of untreated waste in Alaska waters by vessels with more than 500 passengers, said Assistant U.S. Attorney Kevin Feldis, who handled the government's case. The law was sponsored by then-U.S. Sen. Frank Murkowski, R-Alaska, after a series of high-profile cruise ship pollution incidents in Alaska in the 1990s drew national attention to the lack of regulation of the burgeoning industry. Seattle-based Holland America will pay a fine of $200,000 to the federal government and $65,000 to the state, according to a plea agreement unveiled Tuesday. The company will also contribute $500,000 to the National Forest Foundation for environmental work in Southeast and spend $1.3 million to develop an environmental compliance plan. The company will be on probation for three years. When the 2002 discharge took place, Holland America was still on probation for a 1994 felony dumping of oily bilge water off Juneau in which the company paid $2 million in fines and restitution. (Anchorage Daily News, December 8, 2004, http://dwb.adn.com/front/v-printer/story/5886893p-5799055c.html .) In July of 1999, yet another major cruise line company, Royal (More) SB 1582 (Simitian) PageT Caribbean Cruises Ltd., pled guilty to federal charges related to wastewater discharges: Royal Caribbean Cruises Ltd., one of the world's largest passenger cruise lines, has agreed to pay a record $18 million criminal fine and has agreed to a 21 federal felony count plea agreement for dumping waste oil and hazardous chemicals and lying to the U.S. Coast Guard, the Justice Department announced. In a plea agreement, filed in U.S. District Court in six cities, Royal Caribbean admitted that it routinely dumped waste oil from its fleet of cruise ships, such as the environmentally sensitive Inside Passage of Alaska. It also pleaded guilty to the unprecedented charge that it deliberately dumped into U.S. harbors and coastal areas many other types of pollutants, including hazardous chemicals from photo processing equipment, dry cleaning shops and printing presses. The $18 million fine is the largest ever to be paid by a cruise line in connection with polluting U.S. waters. The plea agreements are being filed in cities in areas where Royal Caribbean violated federal environmental laws: Miami; New York City; Los Angeles; Anchorage; St. Thomas, U.S. Virgin Islands; and, San Juan, Puerto Rico. "Royal Caribbean used our nation's waters as its dumping ground, even as it promoted itself as an environmentally 'green' company," said Attorney General Janet Reno. "This case will sound like a foghorn throughout the entire maritime industry." Under the terms of the plea agreement, the cruise ship operator will also plead guilty to deliberately storing waste from its ships at a Port of Miami pier without a permit, violating federal hazardous waste law. Some hazardous materials, including toxic (More) SB 1582 (Simitian) PageU solvents from dry cleaning operations, were illegally placed in the garbage aboard the ships. The material was then either incinerated on the ship or dumped in U.S. or foreign ports mixed with ordinary garbage. The 21 new charges follow a guilty plea by Royal Caribbean in June 1998 for similar environmental crimes in Miami and San Juan. The 1998 pleas -- which resulted in a $9 million criminal fine -- involved charges that the company engaged in a fleet-wide conspiracy to dump oil into U.S. coastal waters and lied to the U.S. Coast Guard to cover up the crime by falsifying oil logs required by law. Two Royal Caribbean engineers under federal indictment in San Juan remain fugitives. If today's pleas are approved by the six courts, the total amount of fines paid will total $27 million. (U.S. Environmental Protection Agency, July 21, 1999, http://yosemite.epa.gov/opa/admpress.nsf/34cef4854b892b8b852 5645a004de9a4/d4cf84427956628e852567b50070ccaf!OpenDocument . ) In addition to assisting passengers and crew with reporting crimes, SB 1582 proposes that the "ocean ranger" would monitor compliance with both state and federal wastewater disposal laws. WOULD THE PRESENCE OF A SPECIALLY TRAINED DOJ INVESTIGATOR ON BOARD AN OCEAN LINER HELP PREVENT UNLAWFUL WASTEWATER DISCHARGES? 4. Some Practical Questions What authority the DOJ investigator would have in relation to the ship's own security personnel is unclear. Under the provisions of SB 1582, the duties of the ocean ranger would include, "assist[ing] the passengers and crew, as needed, with reporting and investigating crimes occurring onboard while in the marine waters of the state." One of the problems described (More) SB 1582 (Simitian) PageV by victims, such as Laurie Dishman, is preserving the evidence of a crime. Would one DOJ investigator on a ship carrying 2,000-3,000 passengers and 950 crew members be able to preserve a crime scene and collect and preserve evidence? Would passengers be notified that the agent was on board? If so, would the DOJ investigator become the defacto "go-to" person regarding on-board disputes and would the passengers expect the agent to investigate their claims involving petty thefts, alcohol-related fights, underage drinking, or other relatively minor crimes? The ocean ranger, as described by the bill, is required to be a POST-certified peace officer as well as a marine engineer licensed by the United States Coast Guard and certified to perform environmental monitoring, and would be required to complete a specific training course specially developed by POST for this position. What is the availability of such highly trained agents? The overall cost of the ocean ranger program is unclear but would include developing the POST training course, recruiting and training officers as well as the costs of room and board on the ship. Would the funding mechanism proposed by the bill, a $1.00 per passenger per-day-on-board fee be sufficient to fund the program? The bill states that DOJ is directed to "revise the fee from time to time to ensure that the fee is sufficient to generate sufficient revenues only to cover the costs of implementing this chapter, plus a prudent reserve." Could the cost of supporting this program at some point encourage cruise ship operators to reduce the number of ships operating out of California ports? If so, what effect might this have on the economy in port cities? ARE THERE PRACTICAL OBSTACLES TO IMPLEMENTATION OF THE OCEAN RANGER PROGRAM? 5. Arguments in Support The California Coastkeeper Alliance states: More cruise ships are calling upon California ports of call every year. The cruise ship fleet is increasing (More) SB 1582 (Simitian) PageW in size and carrying capacity, and producing increasing volumes of solid and liquid waste. Improperly treated wastes released into the environment can significantly impact California's aquatic ecosystems and the people and industries that depend on them. The cruise industry has received numerous felony convictions and fines for dumping wastes into public waters and has a poor record of self-policing environmental practices. Despite increased public awareness, the industry has demonstrated a continued willingness to circumvent prudent environmental practices to increase profits. California's existing zero-discharge law for cruise ship discharges does not provide independent oversight of the industry or verification of the zero-discharge requirement. The Ocean Rangers, as employees of the State of California, will be able to monitor environmental compliance related to discharge of all waste streams from cruise ships in California waters, observe maintenance and operational procedures for onboard waste treatment systems, and review relevant logbooks related to environmental compliance activities. California's coastal waters deserve no less. The National Center for the Victims of Crime states: (More) This bill will offer the passengers on cruise ships the enhanced security that currently is available to passengers on airlines by having an independent public safety officer from the State of California on any cruise line coming into or out of the state. We will do everything we can to support your efforts to reduce crime against cruise ship passengers and provide them with protection while at sea. 6. Argument in Opposition The Cruise Lines International Association (CLIA) states: CLIA has major concerns with many aspects of this bill. 1. The bill would require an on-board enforcement officer to enforce California and federal laws that the industry has been meeting - there is no evidence that the cruise lines have been violating any of these laws in California waters since current statutes have been in place. 2. The bill would require enforcement of federal and state criminal statutes when, according to the FBI, the chance of a passenger facing a major crime is less than .01%. 3. It is in conflict with existing Federal Homeland Security requirements and jurisdiction - states are specifically prohibited from requiring differing Homeland Security requirements and an untrained California Ocean Ranger would not be authorized to evaluate and respond to risks related to Homeland Security. 4. It would give a marine engineer peace officer status, and allow the engineer to carry guns - a very dangerous situation on a ship with thousands of passengers. 5. It appears to allow the Ocean Ranger to enforce federal criminal laws in conflict with the jurisdiction of the federal government under federal (More) SB 1582 (Simitian) PageY special territorial and maritime jurisdiction as defined in 18 U.S.C. 7. In addition, the U.S. Coast Guard and Department of Homeland Security have already promulgated crime reporting requirements that are set forth in Title 33 of the Code of Federal Regulations part 120, et seq., which the U.S. Department of Justice has interpreted to apply to crimes committed on all voyages to or from the U.S. Additional federal legislation has been introduced that would expand the types of incidents to be reported to the FBI and Coast Guard. That legislation is expected to pass Congress in the next few months. The federal reporting ensures consistent criminal reporting and processes no matter which state the ship is visiting. 6. The bill does not define "waters of the state" but we assume it is the federal 3-mile definition. However, we understand it is the intent of the bill to allow the Ocean Ranger to remain onboard the ship up and down the West Coast even if the ship remains outside of California waters, and to prohibit the ship from berthing at a California port if the ship does not agree to such an arrangement - the State clearly does not have the jurisdiction or authority to mandate such an enforcement mechanism. 7. Most of the ships that visit California are in California waters (three miles from shore) for one hour, dock at 5 am, and leave 8-10 hours later - a total of 10 to 12 hours, 2-4 times per year. The ship is then off to Europe or Hawaii or Mexico or Canada. These ships would be treated the same as a ship that is based in California - a definite disincentive for cruise ships to continue to include California ports on their transitioning itineraries. 8. The bill is based on an Alaska Initiative that requires the use of an Ocean Ranger to monitor environmental compliance. However, Alaska has been granted specific federal authority for this regulation which California has not been granted. (font revised.) SB 1582 (Simitian) PageZ ***************