Please contact Karen@MauiPaddle.com for the pdf file (includes photos and graphs) which is about 6 Meg. ========================================================================= MAYOR’S CRUISE SHIPMAYOR’S CRUISE SHIP TASK FORCETASK FORCEISLAND OF MAUIISLAND OF MAUIFINAL REPORTFINAL REPORTAugust 15, 2005August 15, 2005 MAYOR’S CRUISE SHIP TASK FORCE ISLAND OF MAUI FINAL REPORT August 15, 2005 ACKNOWLEDGEMENTS In addition to the individuals who served generously as resources to this Task Force, we gratefully acknowledge many others who assisted with logistics and other preparations. The office assistants at the County's Office of Economic Development helped with meeting arrangements and materials as did the Mayor's office staff. We are also grateful to Department of Public Works staff for providing occasional assistance with document production, to corporation counsel for analyzing legal issues encountered by the Task Force and to the GIS Division for producing the map of Kahului Harbor. Thanks also to the Maui Economic Development Board for meeting assistance and advice on formatting and designing the final report; to the ILWU for use of their convenient meeting space and the Maui County Employees Federal Credit Union for making their conference room available for Task Force meetings. MAYOR’S CRUISE SHIP TASK FORCE FINAL REPORT TABLE OF CONTENTS BACKGROUND ………………………………………………………………………...….1 FINDINGS MAUI CRUISE SHIPS AND VISITORS………………………………………………5 CULTURE………………………………………………………………………………11 INFRASTRUCTURE………………………………………………………………......17 ECONOMICS…………………………………………………………………………..37 LEGISLATIVE AND POLITICAL……………………………………………………..51 ENVIRONMENT……………………………………………………………………….59 SECURITY AND SAFETY……………………………………………………………75 SOCIAL…………………………………………………………………………………83 PREFACE TO RECOMMENDATIONS…………………………………………..….85 RECOMMENDATIONS GENERAL………………………………………………………………………………87 CULTURE………………………………………………………………………………90 INFRASTRUCTURE…………………………………………………………………..92 ECONOMIC…………………………………………………………………………….95 LEGISLATIVE AND POLITICAL……………………………………………………..97 ENVIRONMENTAL……………………………………………………………………99 SECURITY AND SAFETY…………………………………………………………..102 SOCIAL………………………………………………………………………………..103 TABLE OF CONTENTS (Continued) APPENDICES APPENDIX A TASK FORCE MEMBERS…………………………………...…107 APPENDIX B TASK FORCE RESOURCES…………………..………………108 APPENDIX C MAJOR CRUISE SHIPS VISITING MAUI……..………………111 APPENDIX D PROPOSED NCL AMERICA WEEKLY SCHEDULE…………………………………………..112 APPENDIX E KAHULUI HARBOR MAP…………………………...…………..113 APPENDIX F ALLOCATION OF REVENUE IN TWO DLNR HARBORS…………………………………………….…..114 APPENDIX G SUGGESTED IMPROVEMENTS TO MALA WHARF…………………………………………...…….…115 APPENDIX H DOT HARBOR FEES…………………………..………………..116 APPENDIX I LIQUOR COMMISSION REGULATIONS……..………………117 APPENDIX J HAWAI`I MOU…...………………………………..……….…..…119 APPENDIX K ORGANIZATIONS AND REGULATIONS GOVERNING MARINE WATER QUALITY AND SAFETY…...………………125 APPENDIX L HAWAI`I MARINE AREA MAP………………………………….132 APPENDIX M REGULATIONS GOVERNING WASTE STREAMS ON SHIPS………………………………………………………...133 APPENDIX N COMPARISON OF MOUs: FLORIDA, HAWAI`I AND WASHINGTON……………………………….…139 APPENDIX O COMPARISON OF ALASKA AND CALIFORNIA LEGISLATION WITH THE HAWAI`I MOU…..………………..142 APPENDIX P WASTE MATERIALS ON CRUISE SHIPS…………...……….144 APPENDIX Q MARINE SANITATION DEVICES………..…………………….145 Mayor’s Cruise Ship Task Force LIST OF CHARTS Chart 1 Ships Making More Than Ten Visits to Maui in 2003 and 2004……………6 Chart 2 Cruise Ship and Passenger Numbers Visiting Maui in 2003 and 2004…...6 Chart 3 Scheduled Cruise Ship Arrivals and Stays in Maui Harbors………………..7 Chart 4 Cruise Passenger Arrival Figures……………..………………………………8 Chart 5 Cruise Passenger Arrivals Scheduled through 2007………………………..9 Chart 6 Cruise Passenger Versus Air Visitor Arrivals………………………………...9 Chart 7 Cruise Passenger Arrivals as a Percentage of Maui Visitor Arrivals…….10 Chart 8 Vessels That Use Pier 1 of Kahului Harbor…………………………………25 Chart 9 Revenues Generated and Spent in Lahaina Harbor……………………….31 Chart 10 Cruise Passengers and Crew Scheduled to Arrive on Maui………………33 Chart 11 Taxes, Fees and Reimbursements Paid by Cruise Ships and Hotels…...38 Chart 12 Cruise Passenger Fees in Hawai`i and Other Ports.................................39 Chart 13 Statewide Passenger and Crew Spending………………………………….40 Chart 14 Passenger and Crew Spending Breakdown………………………………..41 Chart 15 Economic Benefit of Cruise Ships to the Activities and Attractions Industry………………………………………………………43 Chart 16 Number of Cruise Stops to be Made and Days to be Spent in Maui Ports……………………………………………………..50 Chart 17 Waste Streams on Cruise Ships…….……………………………………….60 Mayor’s Cruise Ship Task Force ABBREVIATIONS ADEC Alaska Department of Environmental Conservation AWTS Advanced Wastewater Treatment System CAA Federal (US) Clean Air Act CAB Clean Air Branch (Hawai`i Department of Health, Division of Environmental Management) CFR Code of Federal Regulation CWA Federal (US) Clean Water Act DBEDT Hawai`i Department of Business Economic Development and Tourism DLNR Hawai`i Department of Land and Natural Resources DOBOR Division of Boating and Ocean Recreation (Hawai`i Department of Land and Natural Resources) DOCARE Division of Conservation and Resource Enforcement (Hawai`i Department of Land and Natural Resources) DOH Hawai`i Department of Health DOT Hawai`i Department of Transportation EEZ Exclusive Economic Zone EPA Environmental Protection Agency (Federal) EU European Union F&B Food and Beverage FSP Facilities Security Plan GET General Excise Tax HIHWNMS Hawaiian Islands Humpback Whale National Marine Sanctuary HMA Hawai`i Marine Area HP Home-ported ICCL International Council of Cruise Lines IMO International Maritime Organization IPSP International Port Security Program IT In transit MARPOL Marine Pollution MCDA Maui County Civil Defense Agency MCDLC Maui County Department of Liquor Control MOU Memorandum of Understanding MSD Marine Sanitation Device MTSA Maritime Transportation Security Act MVB Maui Visitors Bureau NANPCA Nonindigenous Aquatic Nuisance Prevention and Control Act NBIC National Ballast Information Clearinghouse NCL Norwegian Cruise Lines NCLA NCL America NDZ No Discharge Zone Mayor’s Cruise Ship Task Force NISA National Invasive Species Act NOAA National Oceanic and Atmospheric Administration NOx Nitrous Oxide Emissions NPDES National Pollution Discharge Elimination System NWCA Northwest Cruise Ship Association OEQC Hawai`i Office of Environmental Quality Control PAT Polynesian Adventure Tours RCRA Resource Recovery and Conservation Act USCG United States Coast Guard Mayor’s Cruise Ship Task Force BACKGROUND The great increase in the number of cruise ships visiting Maui between the mid-nineties when the first cruise ship arrived in Lahaina Harbor to 2003 when over 230,000 cruise visitors arrived on Maui prompted Mayor Alan Arakawa to appoint a Task Force of community members to assess the impacts and benefits of cruise ships on the island Maui.1 The Task Force included of a broad spectrum of Maui residents drawn from County and State government, large and small business, tourism, small towns and culture, environmental organizations, the visitor industry, law enforcement and economic development. Task Force members are listed in Appendix A. The only funding appropriated for the activities of the Task Force were funds paid to a consultant to assist with research, writing and Task Force coordination. The Task Force held 41 meetings between November 7, 2003 and August 4, 2005 to interview resources, discuss data, statistics and other information, and draft the report, including the findings and recommendations. It also held two community meetings to present a brief summary of its interim findings and solicit comments and input from the public. One meeting was held at Lahaina Intermediate School on November 9, 2004 and one was held at Maui Waena (in Kahului) on November 16, 2004. The work of this Task Force was not undertaken as a technical study. Rather the process was designed to be a broad informal survey and assessment from a community perspective of the cruise industry in Maui. The members of the Task Force, who are all residents of Maui, felt it was imperative to understand this new sector to Maui from multiple angles and therefore organized its approach and information gathering from several perspectives: 1 Because the cruise ships currently only visit the island of Maui in Maui County, the Task Force limited its scope to the Maui experience. Some components of the Task Force work, however, may have value in future assessments conducted by Moloka`i or Lana`i of this possible sector in their economies. Mayor’s Cruise Ship Task Force Background • Cultural • Economic • Environmental • Infrastructural • Political • Security/Safety • Social The Task Force also drew on information from representatives of the Federal, State and County government, the local business community, workers in Lahaina and Kahului harbors, the cruise industry, recreational harbor users, local residents, etc. A complete listing of the Task Force resources is presented in Appendix B. The approach taken by the Task Force reflected the core values of our community and the importance of evaluating dynamic influences or initiatives that impact the community in the context of all of these values. The core values of the community derive from a history of long-range planning and visioning processes and studies conducted in the Maui County, some of which date back to the mid-eighties and others as recent as June 2005. These include Visions of the Future, Decisions Maui, Main Street Community Workshops, Conferences and Data Collection, the Community General Plan, and Focus Maui Nui. Through these and other processes our community values, priorities and recommendations have been reassessed and reaffirmed. Norwegian Cruise Lines America (NCLA) is a new cruise line (a US subsidiary of Norwegian Cruise Lines, which is a subsidiary of a foreign corporation, Star Cruises) that has agreed to operate its business solely within the State of Hawai`i. This means all its ships are registered in the United States and must operate under US law. To do this, NCLA agreed to many conditions that other cruise lines are not subject to. NCLA ships only sail within Hawai`i waters, where as all other cruise ships may only stay within State waters a short time, and must make a foreign port of call outside the US before and after each tour in Hawai`i. NCLA is currently the largest cruise line operation in Hawai`i and by 2007 70% or more of the cruise passengers visiting Hawai`i and Maui are projected to be NCLA passengers. As a US- based business, NCLA also interacts with Federal and State government and local businesses very differently than do other cruise lines. Therefore, NCLA made a presentation to the Task Force, sent a representative to several Task Force meetings, and participated more extensively as a resource to the Task Force than did other cruise lines. The Task Force also toured and was served lunch on board the Pride of Aloha on November 5, 2004. During this visit the Task Force met with the ship’s captain, environmental officer, the “Hawaiian Ambassador,” the ship’s cultural programming staff and other members of the crew. The Northwest Cruise Ship Association (NWCA) also made a presentation to the Task Force on behalf of all the major cruise lines that regularly stop in Hawai`i and Maui. Two shipping agencies that represent cruise lines based in other countries in Hawai`i (Waldron Steamship and Transmarine Navigation Corporation) also met with the Task Force and presented information about the MOU and the operations of the cruise lines they represent. This report is offered as an informal introduction to the cruise ship industry on Maui and its broad implications for our community. As such, it is meant as a starting point for further study and discussion that will inform our decision making about the future of this industry on Maui. Mayor’s Cruise Ship Task Force Background MAUI CRUISE SHIPS AND VISITORS Cruise ships vary greatly in size and in passenger and crew capacity. The ships that made calls in Maui ports in 2003 and 2004 are listed in Appendix C. They ranged in size from approximately 5,200 gross tons to approximately 92,000 gross tons. The combined passenger and crew capacity on these ships ranged from approximately 350 persons to approximately 3,500 persons. Generally 66% of the berth space on a passenger vessel is dedicated to passengers and 33% is dedicated to crew. That is, In 2003 and there are usually twice as many passengers as crew on board a 2004 ship. approximately 27 different In 2003 and 2004 approximately 27 different cruise ships made cruise shipscalls in Maui ports (Appendix C lists 24 of these ships). Among made calls in these 27 ships, 26 are registered in foreign countries (foreign-Maui ports. flag ships) and one, NCL (Norwegian Cruise Line) America’s ship, Pride of Aloha, is a US-flag ship. It is currently the only US flag ship in the world, and will be joined by two other NCL America (NCLA) ships The Pride of America in July 2005 and The Pride of Hawai`i in July 2006. Of the 23 large ships that traveled to Maui in 2003 and 2004, 15 made fewer than five tours of Maui each year and four ships made six to ten tours to Maui per year. Four ships made more than 10 tours per year and are listed in Chart 1. Most foreign-flag ships stop in Hawai`i on “repositioning tours” when ships are switching from touring one region, such as the North Pacific in summer, to another such as Central America in winter. These vessels make fewer than five tours in Hawai`i each year. Approximately 250,000 passengers arrived on Maui via cruise ships in 2003 and 2004. The cruise ships bringing these passengers made between 60 and 85 stops each year in each Mayor’s Cruise Ship Task Force Findings Maui Cruise Ships and Visitors harbor, and spent 160 to 200 days in Maui harbors. The crew members on these ships also made approximately 110,000 visits in each of these years (Chart 2). Chart 1 Cruise ships Making More Than Ten Visits to Maui in 2003 and 2004 Number Number Cruise Line Vessel of Tours of Tours in 2003 in 2004 Norwegian Cruise Line Norwegian Star 52 19 Norwegian Cruise Line Norwegian Wind 12 21 NCL America Pride of Aloha 0 24 Royal Caribbean International Legend of the Seas 12 12 Source: Lahaina and Kahului Harbor schedules for 2003 and 2004 Chart 2 Cruise Ship and Passenger Numbers Visiting Maui in 2003 and 20042 2003 2004 230,495 240,800 Approximate # of Passenger Visits 110,000 103,000 Approximate # of Crew Visits Lahaina Kahului Maui Lahaina Kahului Maui # of Ships that Arrived in 16 5 18* 19 6 23* Approximate # of Times a 68 60 123* 85 59 131* Cruise Ship Stopped in Approximate # of Days 99 61 160 113 87 200 Cruise Ships Spent in** *Some ships stopped in both Kahului and Lahaina. **Some ships made overnight stays in a harbor. 2 Calculated using passenger and crew capacity figures from Cruise Line International Association, and Lahaina and Kahului harbor schedules. Mayor’s Cruise Ship Task Force Findings Maui Cruise Ships and Visitors By late 2006, NCLA will have three US-flag ships touring only in Hawai`i. NCLA plans to have the Pride of Aloha, the Pride of America, and the Pride of Hawai`i each making a weekly port call in Kahului Harbor and occupying Pier 1 in the harbor six days per week (Appendix D). This will increase the number of visitors arriving on Maui and the number of days harbor berths in Kahului Harbor will be occupied (Chart 3). Chart 3 Scheduled Arrivals and Stays in Maui Harbors Lahaina Kahului 2005 2006 2005 2006 2007 18 19 5 6 5 # of Ships # of Ship 86 89 89 150 175 Arrivals # Days Ships Will Spend in 96 98 166 276 332 the Harbor # of Passenger 225,979 252,981 257,682 447,504 532,449 & Crew Visits Calculated using passenger and crew capacity figures from Cruise Line International Association and Kahului and Lahaina harbor schedules published in April 2005. Figures from the Department of Business Economic Development and Tourism (DBEDT) indicate that cruise passenger arrivals to Maui represented approximately three to four percent of all visitor arrivals in Hawai`i in 2002 and 2003. However, they represented nine to ten percent of the visitor arrivals in Maui (Chart 4). A small number of the cruise ships that visit Hawai`i are only able to stop for one or two nights in the State. These are usually smaller cruise ships. Ships with this kind of limited itinerary generally choose to include Maui and the island of Hawai`i in their stops and will often skip visits to O`ahu and Kaua`i. Reflecting this fact, DBEDT reported that the number of cruise ships that arrived in DBEDT reported that the number of cruise ships that arrived in Maui and the Island of Hawai`i in 2003 and 2004 exceeded the number of cruise ships that arrived on O`ahu. Mayor’s Cruise Ship Task Force Findings Maui Cruise Ships and Visitors Based on estimates, cruise passenger arrivals in Lahaina in 2007, cruise passengers will account for almost 20% of all visitor arrivals on Maui. Maui and the Island of Hawai`i in 2003 and 2004 exceeded the number of cruise ships that arrived on O`ahu. Chart 4 Cruise Passenger Arrival Figures3 Cruise Cruise Visitors Visitors as % of as % of All All Visitors Visitors State 2002 2003 Air Visitor Arrivals 6,389,058 6,380,439 Cruise Passengers 235,027 3.5% 230,495 3.5% Maui 2002 2003 Air Visitor Arrivals 2,073,051 2,125,421 Cruise Passengers 215,200 9.4% 230,495 9.8% * Based on Kahului and Lahaina harbor schedules and maximum passenger capacity of the ships listed on those schedules. With the advent of the new US-flag cruise ship business in Hawai`i, cruise passenger arrivals increased significantly in 2004 and will continue to increase dramatically through 2007 (Chart 5).4 3 All figures except those indicated by * are from the DBEDT 2003 Annual Visitor Research Report. 4 As of April 2005 only 6 of an expected 18 or so cruise ships had scheduled arrivals in Lahaina Harbor for 2007. Mayor’s Cruise Ship Task Force Findings Maui Cruise Ships and Visitors Chart 5 Cruise Passenger Arrivals Scheduled through 2007 Ships Scheduled Passenger Arrivals as of April 2005 Scheduled Kahului Lahaina Kahului Lahaina Maui 2004 6 19 119,594 152,106 271,700 2005 5 18 183,395 162,054 345,449 2006 6 19 304,211 181,448 485,659 2007 5 6 347,830 128,466 476,296 Based on harbor schedules as of April 2005 and the maximum passenger capacity of the ships on the schedules. In 2002, 2003 and the first quarter of 2004, air visitor arrivals to Maui increased by 1.2 %, 2.5 % and 2.2 % respectively (Chart 6). Chart 6 Cruise Passenger Versus Air Visitor Arrivals Number of Visitor Arrivals by Air Increase Over Previous Year 1999 2,277,694 2000 2,245,806 -31,888 2001 2,048,175 -197,631 2002 2,073,052 24,877 2003 2,125,421 52,369 2004 (Q1)* 2,167,929 42,508 Increase Over Previous Year 1.6% -1.4% -8.8% 1.2% 2.5% 2.0% Source: DBEDT * 2004 Annual projection based on arrivals in the first quarter of 2004. Based on estimated average increases in air visitor arrivals of 1.01% for each year from 2005 through 2007,5 and an estimate of 180,000 cruise passenger arrivals in Lahaina in 2007, cruise passengers will account for almost 20% of all visitor arrivals on Maui (Chart 7). 5 Average increase in air visitor arrivals for 1999, 2000, 2002, 2003 divided by the projected number of air visitor arrivals in 2004. The figure for 2001 was not included because it is 5 standard deviations less than the average increase in air visitor arrivals for 1999, 2000, 2002, 2003. Mayor’s Cruise Ship Task Force Findings Maui Cruise Ships and Visitors Chart 7 Cruise Passenger Arrivals as a Percentage of Maui Visitor Arrivals Projected & Estimated Figures 2004 (Q1)* 2005 2006 2007** Visitor Arrivals by Air 2,167,929 2,189,896 2,212,085 2,234,499 Increase Over Previous Year 42,508 21,967 22,189 22,414 2.0% 1.0% 1.0% 1.0% Cruise Passenger Arrivals 271,700 345,499 485,659 527,830 Cruise Passengers as Percentage of Air Visitor Arrivals to Maui 12.5% 15.8% 22.0% 23.6% Cruise Passengers as Percentage of All Visitor Arrivals to Maui 11.1% 13.6% 18.0% 19.1% * Annual projections based on arrivals in the first quarter of 2004. ** Based on cruise passengers scheduled to arrive in Kahului in 2007 and a conservative estimate of 180,000 cruise passenger arrivals in Lahaina (Chart 7). CULTURE CULTURAL PROGRAMMING ON SHIPS Visitors to Maui frequently express their desire for detailed information on the culture and history of Hawai`i. Some cruise lines, such as NCL America (NCLA), whose ships make ports of call in Maui address this desire by offering information on the culture of Hawai`i and/or its history to their passengers. NCLA has three full-time staff members, or “Hawaiian Ambassadors”, dedicated to giving port lectures on Hawaiian culture and history on the Pride of Aloha. The individual who met the Task Force is of Hawaiian heritage, and is not a kupuna. The culture center on the Pride of Aloha was designed and produced by a Native Hawaiian designer with knowledge and background in Hawaiian cultural practices. There were questions among the Task Force members about the thoroughness and accuracy with which Hawaiian culture is represented. For example, there was only one photograph of the first Capital of Hawai`i (Lahaina), with no mention of its role in the history of Hawai`i. The photograph caption stated that it was a photograph of Lahaina but it appeared to be taken at Olowalu and not Lahaina. The NCLA cultural program discusses Hawaiian respect for elements of the `aina including sacred places such as Haleakala, stones, flowers, etc. In port lectures, guests are advised not to pick up rocks, pick flowers, and that they should treat sacred sites with respect. While the cultural program on board the Pride of Aloha presents Hawaiian culture to some extent, it does not adequately represent the culture of Hawai`i. There is no multicultural specialist on the staff and no formal presentation of the different groups that contributed to the evolution of present day culture in Visitors to Maui frequently express their desire for detailed information on the culture and history of Hawai`i. While the cultural program on board the Pride of Aloha presents Hawaiian culture to some extent, it does not adequately represent the culture of Hawai`i. Mayor’s Cruise Ship Task Force Findings Culture As one resident expressed it, the more visitors understand Hawai`i and experience its cultural richness, the more they appreciate and respect who we collectively are. Onboard entertainment offered on the Pride of Aloha consisted of little that was culturally Hawaiian. Pride of Aloha staff stated that they are open to suggestions for improving cultural programming. Hawai`i (Chinese, Portuguese, Japanese, Filipino, Korean, Puerto Rican, etc.). The cultural ambassador on board the Pride of Aloha said the emphasis is placed on “Hawaiian” culture and that the topic of multiculturalism comes up from time to time in talk story sessions during breakfast. Ship staff report that there is an absence of information on the blend of cultures that are integral to understanding modern day Hawai`i. As one resident expressed it, the more visitors understand Hawai`i and experience its cultural richness, the more they appreciate and respect who we collectively are.” The printed materials made available to the Task Force that described NCLA events and activities on the Pride of Aloha project more of a holiday, festival, or as some thought, a Caribbean feel instead of a deep sense of Hawai`i, Hawaiian values, its traditions and multicultural offerings. Onboard entertainment offered on the Pride of Aloha consisted of little that was culturally Hawaiian. The cultural programming staff on this ship is open to increasing the Hawaiian content and number of local acts in its entertainment program. Ship personnel stated that the most popular onshore activities on Maui are shopping, or tours and activities. Some passengers take historical tours of Lahaina. Transportation to less popular venues or activities is not easily available to passengers and diminishes opportunities for operators of those activities and venues. NCLA contracted the Native Hawaiian Hospitality Association to develop a staff cultural education program for crew on board the Pride of Aloha. Each employee that joined NCLA after this program was established received cultural training and destination orientation prior to beginning work on board. Future hires will also receive this training. Staff on the Pride of Aloha stated that they are open to suggestions for improving cultural programming. For foreign-flag ships that tour multiple regions, such as Alaska, Hawai`i and the Caribbean, offering specialized, in depth Mayor’s Cruise Ship Task Force programming that reflects the historical evolution and culture of Hawai`i may not be seen as practical. CANOE CLUBS The canoe clubs of Maui serve many important social functions in our community. They provide Hawaiian cultural education for children and adults and strong positive education and support for at-risk children. These programs are also held up as successful drug prevention programs. Following 9/11, security zones around all harbor vessels were enlarged and became more stringently regulated – particularly for vessels carrying sensitive materials (such as fuel barges) or large numbers of people. For security reasons, the State of Hawai`i Department of Transportation (DOT) maintains the enlarged security zone 24 hours per day seven days per week, rather than only during the times when a large passenger vessel or fuel ship is in port, as required by Federal law. This means the clubs no longer have access to the calmest waters in the harbor, or the “inner harbor”, which runs between Pier 1 and Pier 2 (Appendix E). Occasionally, individual canoe and kayak paddlers enter this area, paddling underneath and between the piers when no cruise ship or fuel ship is in port. This is acceptable to the USCG, but not to DOT. If necessary, DOT will call in a deputy sheriff when this occurs. The clubs monitor ship schedules and strictly prohibit their members from entering the security zone at all times. The clubs have posted maps and information about the security zone regulations and fines. They occasionally stop nonmember paddlers and inform them about the security zone boundaries. The security rules have impacted canoe club activities by reducing the size of the harbor area available for races and practices, and the times during which the clubs are able to conduct their activities. The clubs are working within the limitations as they exist now (April 2005) but it presents them with challenges due to overcrowding. Findings Culture The security rules have impacted canoe club activities by reducing the size of the harbor area available for races and practices and the times during which the clubs are able to conduct their activities. Mayor’s Cruise Ship Task Force Findings Culture The canoe clubs fear that an increase in the number of cruise ships will require harbor expansion, and may eliminate their activities in the harbor altogether. The United States Coast Guard and DOT are agreeable to discussing a more flexible approach to applying security zone rules when cruise ships and fuel barges are not in the harbor in order to accommodate the canoe clubs. The clubs are very concerned that their activities will be negatively impacted by the number of cruise ship arrivals scheduled for Kahului Harbor by 2006 (Chart 3, Appendix D). The canoe clubs fear that an increase in the number of cruise ships will require harbor expansion, and may eliminate their activities in the harbor altogether. The United States Coast Guard (USCG) and DOT are agreeable to discussing a more flexible approach to applying security zone rules when cruise ships and fuel barges are not in the harbor in order to accommodate the canoe clubs. However, ships are projected to occupy the harbor three nights and six days per week beginning in July 2006, leaving one day per week when this flexibility can be applied. NCLA and the canoe clubs have met and agreed to communicate directly with each other to address issues about harbor use, security and other matters. NCLA hosted some canoe club members on board the Pride of Aloha for tours and dinner, and has committed to sponsoring a fundraiser for the Kahului Harbor clubs. Some crew members of the Pride of Aloha have participated in a canoe race and continue to practice paddling in Kahului Harbor. The clubs appreciate these good-will gestures on the part of NCLA, but note that they do not address the most pressing issue for the clubs – limited space for their activities in Kahului Harbor. Surfers use an area in Kahului Harbor far enough from the cruise ships that they do not currently experience a negative impact from the enlarged security zones surrounding them. Other recreational users of Kahului Harbor must also comply with post-9/11 security zone regulations.6 Recreational use of Lahaina Harbor has been impacted by the increasing numbers of cruise ships. The tender boats that carry passengers from the ships to the pier impact access to the harbor, public loading dock and fuel facilities, as well as harbor 6 Fishermen were banned from fishing off Kahului Harbor piers after 9/11. Mayor’s Cruise Ship Task Force Findings Culture waters and piers for surfers, recreational boaters7 and fishermen. The Lahaina harbor master tries to schedule around community events if those dates can be set far enough in advance. However, some groups that run events such as surfing, fishing and yachting tournaments or races have difficulty scheduling far enough in advance. Local events, such as the Lahaina Jackpot Fishing Tournament have, in some years, not been able to use the harbor because of scheduling challenges. Several local events have been put on the harbor schedule for 2005, but only by scheduling a year in advance. The biannual VIC Maui (Victoria, British Columbia to Maui) yachting race sets up an area in Lahaina Harbor to hold greeting parties over a two week period when the vessels are scheduled to arrive. The loading dock can no longer be used as a staging area for this because they would have to break down and set up every time a cruise ship arrived to make way for passenger screening and security measures. The group is now using the south breakwater for this activity. It is not as convenient as the loading dock, but it is working. 7 Vessels that carry no paying passengers. Mayor’s Cruise Ship Task Force Findings Culture 16 INFRASTRUCTURE The infrastructure in Lahaina town and Lahaina Harbor is strained year-round given the current amount of activity it must accommodate. This situation is exacerbated on days when cruise ships make calls in Lahaina. The boats that use Lahaina Harbor include recreational vehicles, which do not carry paying passengers, commercial vessels such as whale watching vessels and passenger ferries, and cruise ship tenders. Approximately 40% of the vessels in the Lahaina area are commercial vessels, whale watching, dinner cruising, ferries, etc. However, during high season, commercial vessels enter and leave the harbor approximately five times per day, therefore they constitute approximately 80% of the harbor traffic. Commercial use of Lahaina Harbor has been impacted by the increasing numbers of cruise ships. The tender boats that carry passengers from the ships to the pier impact access to the harbor, public loading dock and fuel facilities, as well as harbor waters and piers for commercial boaters. Cruise ship tenders have hindered access to pier facilities, including waste water pump-out stations for smaller commercial and private boats and regular gas pumps, which are only available on the side of the pier where the tenders dock. (Diesel is available on both sides of the dock.) Cruise ships and related activities displace and/or delay charter boats. The card reader that is used to pay for gas or diesel fuel at the harbor is located in an area that is secured when a cruise ship is outside the harbor. Fuel can only be paid for at the harbor with a credit card. Anyone pumping fuel when a cruise ship is anchored off the harbor must pass through security screening to use the card reader then exit the secured area to pump the fuel. The tender boats that carry passengers from the ships to the pier impact access to the harbor, public loading dock and fuel facilities, as well as harbor waters and piers for commercial boaters. Mayor’s Cruise Ship Task Force Findings Infrastructure Fuel trucks that deliver gas or diesel to the harbor (used by recreational and commercial vessels) cannot do so when a cruise ship is anchored outside the harbor for both safety and security reasons. To get a receipt for the fuel, one must pass through security screening a second time. The card reader is attached to telecommunications equipment, and is located within the area that is secured when a cruise ship is outside the harbor. The company responsible for this equipment, Pacific West Fuels, was approached about moving the card reader to a more convenient location, but the cost of moving the card reader and the telecommunications equipment along with the building housing it would be in the tens of thousands of dollars. There are no plans to move the card reader. Fuel trucks that deliver gas or diesel to the harbor (used by recreational and commercial vessels) cannot do so when a cruise ship is anchored outside the harbor for both safety and security reasons. Therefore, if they must deliver fuel on a day when a cruise ship is in they must do it at night. Pacific West Fuels incurs overtime charges for deliveries made after working hours. The diesel fuel tanks at the harbor have a maximum capacity of 1.5 to 2 days and the harbor has run out of diesel fuel a number of times due to the inability to refuel the tanks because of cruise ships staying overnight. Pacific West Fuels reported that fuel sales in Lahaina Harbor were 16% to 18% lower in 2002, 2003 and 2004 than fuel sales in 2001, when many fewer cruise ship stops were being made in Lahaina. These figures do not fully account for the impact of post 9/11 security measures, since security measures were only implemented in October 2004. Lahaina Harbor receives “rent” from Pacific West Fuels at a rate of 5% of sales. Rent paid to the harbor was 19% less in 2003 than in 2001. With the rise in fuel prices in 2004, rent to Lahaina Harbor rose and was 11% less than in 2001, despite the fact that the number of gallons sold in 2004 was 19% less than was sold in 2001. When a cruise ship is anchored off Lahaina Harbor, the security area that must be set up for passenger screening prevents recreational and commercial harbor users and ferry commuters from accessing the public loading docks where recreational and Mayor’s Cruise Ship Task Force Findings Infrastructure commercial vessels fuel, where cargo is loaded and unloaded and where passengers embark and disembark. Parasail operators must refuel their boats several times a day. On days when a cruise ship is in the harbor, the tender boats increase traffic into and out of the harbor so these operators spend more time waiting to enter and exit the harbor and waiting to fuel on cruise ship days than on days when no cruise ship is in. This extends the time required to conduct a parasail excursion. Therefore, on cruise ship days these operators run one less excursion than on days when there is no cruise ships in Lahaina. The result is in a drop in business on cruise ship days for these operators. To maintain a 500-yard security zone around cruise ships and keep the ships from blocking the lines of approach to Lahaina Harbor, cruise ships anchor at least 1000 yards north or south of the buoy marking the entrance to the harbor channel. Cruise ship passengers arrive at the harbor dock via tender boats. These boats carry up to 150 passengers and are part of the equipment carried onboard cruise ships. The tender boat captains are members of cruise ship crews. A typical cruise ship arrives in Lahaina between 6 and 7 a.m. and departs between 5 and 11 p.m. During these hours, tender boats continuously ferry passengers back and forth between the cruise ships and the harbor pier. Commercial operators in Lahaina Harbor have expressed concern about safety regarding tender boats. They state that minor incidents in which tenders collide with the docks or other vessels in the harbor occur frequently. From 1999 through May 2005, 13 tender boat incidents were significant enough to be investigated by the US Coast Guard. Twelve of these incidents occurred in Lahaina Harbor and one in Hilo Harbor. Ten of the incidents in Lahaina occurred in 2004 and 2005. The higher frequency of accidents in Lahaina Harbor compared to other harbors in the State is attributable to several factors. Tender boat captains are not familiar with Lahaina Harbor on a day-to-day basis and are not Coast Guard-certified captains (they are certified in the country in which the cruise ship is registered). The line of approach in and out of the Lahaina To maintain a 500-yard security zone around cruise ships and keep the ships from blocking the lines of approach to Lahaina Harbor, cruise ships anchor at least 1000 yards north or south of the buoy marking the entrance to the harbor channel. From 1999 through May 2005, 13 tender boat incidents were significant enough to be investigated by the US Coast Guard. Twelve of these incidents occurred in Lahaina Harbor… Mayor’s Cruise Ship Task Force Findings Infrastructure Private security firms are hired by cruise lines to work on days when cruise ships are anchored outside Lahaina Harbor. Harbor channel requires that vessels make a sharp turn just outside the channel. The small size of the harbor, the volume of vessel traffic it receives on cruise ship days and challenging weather conditions (when they occur) also contribute to these situations. Surfers have reported they are sometimes unable to use the harbor due to boat traffic, wakes, bilge, trash in harbor waters or concern about being coated with petroleum film that is sometimes floating on the surface of the water. It is unclear whether this is due to the private or commercial vessels in the harbor, tenders, cruise ships, runoff or some combination of all of these. The numbers of ships and passengers have increased the need for additional infrastructure. The large number of passengers (not the ships per se) has also increased maintenance requirements in the harbor. The fees that ships pay the State are meant to cover maintenance of the harbors (Chart 9, Appendix F). Even in the absence of cruise ships, parking in Lahaina town is an issue. When cruise ships are anchored off the harbor, parking is an even greater challenge. Private security firms are hired by cruise lines to work on days when cruise ships are anchored outside Lahaina Harbor. Employees of these firms park in the harbor parking lot when they are on duty. Security personnel were issued temporary permits for this, but only for certain slots. Some personnel were parking in prohibited areas (marked with no parking signs), but were not being cited for it. This contributes to parking difficulties near the harbor. Since this situation was reported to the Task Force, these no parking rules are being enforced and there is less congestion for pedestrians in that area now. However, the parking challenges in the harbor have not improved much. Overall, traffic planning and management are issues for Lahaina town. These issues affect the daily life of residents and their circulation through the town. The cruise ships add to the severity of these issues. The State and the County share the planning and management responsibilities in this jurisdiction. Mayor’s Cruise Ship Task Force Findings Infrastructure The existing toilet facilities in Lahaina Harbor near the dock are in poor condition and cannot accommodate the volume of traffic at the harbor. Cruise passenger traffic worsens the situation. Federal funds have been allocated to improve infrastructure in Lahaina Harbor related to the ferries, including a separate pier for the interisland ferries. The State Legislature also generously supported interisland ferry pier improvements for Lahaina, Ma`alaea and Manele harbors. Plans for these improvements have been drawn up. They include new toilet facilities, renovations to the main pier and to the interisland ferry pier. Pier improvements must be made in order for the new toilet facilities to be installed. The work will occur in the State conservation district and in the Lahaina National Historic Landmark District. An environmental impact statement for this project is being prepared. The Cultural Resources Commission has given conditional approval to the proposed changes. In public hearings Lahaina community members expressed strong support for no more than one ship in Lahaina per day. Some merchants requested that ships be limited based on the number of passengers rather than the number of ships. Some feel that two smaller ships might be accommodated, but that no more than 2,200 passengers should arrive at any one time. Some have suggested improvements to the Mala Wharf area for cruise ship tender arrivals to relieve congestion in Lahaina town center. Others feel Mala Wharf is an important area for recreational activities and are concerned that improvements to Mala Wharf will limit those activities in this area. (Appendix G). One person, the harbor master, is responsible for scheduling in Lahaina Harbor. Availability of space determines whether a ship is put on the harbor schedule. Scheduling is done on a first- come-first-served basis. Lana`i and Moloka`i residents depend heavily on the ferries for access to and from Maui to meet a variety of needs in their daily lives Federal funds have been allocated to improve infrastructure in Lahaina Harbor related to the ferries, including a separate pier for the interisland ferries. In public hearings Lahaina community members expressed strong support for no more than one ship in Lahaina per day. Mayor’s Cruise Ship Task Force Findings Infrastructure When cruise ships are in the harbor, there is no designated loading or unloading zone near the dock where ferry passengers can leave their car while they unload provisions or drop off passengers. Trips by Lana`i residents into Maui to secure household goods, food and other provisions not available on Lana`i are daily occurrences. Residents return with boxes and other containers to transport purchases. The medical facilities and services on Lana`i are extremely limited and Lana`i residents rely heavily on the ferry for affordable access to medical care, all medical specialty services, medical emergencies and for other services not available on Lana`i. Although Moloka`i has a full service hospital, those residents come to Maui for specialty outpatient care. Moloka`i residents also rely on the ferry for affordable and timely access to these services. Round trip airfare between Maui and Lana`i currently cost $340 and often require an added flight through Oahu in order to get to and from Lana`i. Airfares, therefore, make the $40 round-trip ferry ticket a critical transportation alternative for Lana`i’s residents. When the cruise ships are in Lahaina, Lana`i and Moloka`i ferry passengers experience inconvenience, delays, and sometimes hardship. When no cruise ship is in the harbor Lana`i residents unload their goods and drop off passengers near the dock, and leave them on the pier near the Lana`i ferry booth on the upper dock of the harbor. As a courtesy to their customers, the ferry agents oversee passenger cargo as informal security while the residents return rental cars or park their vehicles. Moloka`i residents leave their cargo on the dock adjacent to the ferry berth and wait for the ferry there. Dependent family members (very young, elderly or ill) traveling with Moloka`i or Lana`i residents, can wait (usually with a second adult to oversee them) in the shade of the ticket booth on the upper dock while the resident returns or parks a vehicle (usually several blocks away). The upper dock is also preferable as a waiting area for those traveling with small children as the lower piers have no railing. When cruise ships are in the harbor, there is no designated loading or unloading zone near the dock where ferry passengers can leave their car while they unload provisions or Mayor’s Cruise Ship Task Force Findings Infrastructure drop off passengers. The upper dock is enclosed within the security zone, leaving no place for residents to store cargo or to wait safely with children, elderly or ill family members. When the cruise ships are in, the pier where Moloka`i residents usually wait is also enclosed in the security zone, leaving no access to the pier until the ferry has arrived. They generally wait for the ferry to arrive on the lawn in front of the library. These passengers all experience long delays when boarding the ferries on cruise ship days due to the added security measures. When cruise ships are in Moloka`i and Lana`i residents must either stop or park in No Parking areas or in the bus parking area because there is no designated place for them to park or unload. Maui residents working on Lana`i and Moloka`i, and Moloka`i and Lana`i residents who work on Maui depend on reliable and timely ferry access between these islands for their livelihoods. Construction workers from Moloka`i (where unemployment is always considerably higher than the rest of the County or the State8) have lost the opportunity for construction work on Maui because of delays in Lahaina Harbor when cruise ships are in. Other comments from Lana`i and Moloka`i ferry passengers about days when a cruise ship is in the harbor: • Bus coordinators and drivers have argued with residents and ejected them from the area when they are loading or unloading goods and family members. • Residents have received parking tickets when leaving the car for less than 5 minutes to get small children or elderly family members to the ferry. • The flammable fuels on the crowded dock pose a fire hazard. 8 Hawai`i Department of Labor unemployment statistics for May 2005 (not seasonally adjusted): State 2.5%; Honolulu 2.4%, Hawai`i 2.9%; Kauai 2.4%; Maui Island 2.1%, Lana`i 2.4%; Moloka`i 6.9% Maui residents working on Lana`i and Moloka`i, and Moloka`i and Lana`i residents who work on Maui depend on reliable and timely ferry access between these islands for their livelihoods. Mayor’s Cruise Ship Task Force Findings Infrastructure Pier 1 in Kahului Harbor is designed for deep draft vessels and is the only pier where the water is deep enough to accommodate large vessels with heavy loads. Demand for dock space during daylight hours at Pier 1 occasionally exceeds capacity. • Cruise lines exclude ferry passengers from areas where they usually wait, and provide tents for their passengers, which ferry passengers have no access to. • Ferries waiting outside Lahaina Harbor for 30 minutes or more for tenders to clear the dock. Kahului Harbor is the only commercial shipping harbor on Maui. As such, it is essential for life-sustaining cargo for residents of Maui County. Cargo shipping into and out of Kahului Harbor is also intricately linked to the economic life of our State and county. Pier 1 Capacity and Scheduling Pier 1 in Kahului Harbor is designed for deep draft vessels and is the only pier where the water is deep enough to accommodate large vessels with heavy loads. The vessels that dock at Pier 1 are listed in Chart 8. Pier 1 has three berths – 1A, 1B and 1C. Cruise ships usually dock at berth 1A, which is adjacent to the passenger receiving facilities and closest to land. Berth 1C lies at the end of Pier 1 farthest from land, and berth 1B lies between 1A and 1C (Appendix E). Although it has three berths, Pier 1 can only accommodate two long ships at one time. If one of the long ships is a cruise vessel, one other large cargo vessel can dock at Pier 1. Pier 1’s passenger and security facilities are designed to receive passengers from one ship at a time, therefore current harbor policy is to accommodate only a single cruise ship at one time. Demand for dock space during daylight hours at Pier 1 occasionally exceeds capacity. This causes ships that normally dock at Pier 1 to dock elsewhere. There are two deep draft vessels that must dock at berth 1A, the sugar ship and the MECO fuel barge. With cruise ships projected to be in port four Mayor’s Cruise Ship Task Force Findings Infrastructure Chart 8 Vessels That Use Pier 1 of Kahului Harbor* Type or Current Current Port Call Time in Capacity Purpose of Port Call Time in Frequency Port in Load Vessel Frequency Port in 2006 2006 2000-3000 1-2 per 2-3 days 3-4 days 6-7 days Cruise Ships passengers week per week per week per week and crew 34,000 Frequency expected to 1 per 6-8 Sugar Barge tons of 2 -2.5 days decrease in the long weeks sugar term ~17,000 2-3 per Coal Ship 4-5 days tons of coal year ~190 2-3 per 12-16 Matson Barges shipping week hours containers Frequency expected to 1,600 tons 10-12 Tin Ship 3 per year decrease in the long of tin plate hours term 3000 Pascha Roll On 1 per 2 Frequency expected to passenger 8 hours Roll Off Ship weeks increase vehicles Vessels That Dock at Pier 1 and Pier 3 Diesel & Frequency could 1 per 10 ~60,000 15 - 20 increase to 1/8 or 1/9 Bunker Fuel days on barrels hours days depending on Barge for average* demand MECO Diesel, Gasoline & Jet ~60,000 12-16 Fuel Barges for 2 per week barrels hours Tesoro & Chevron 4,300 tons 2-3 per 10 Sand Barge of sand month hours 4,500 tons Scrap Metal 1 per 3 of scrap 2-3 days Barge months metal *Excluding fishing fleet vehicles **Depends on demand for electricity; frequency increases in summer months. Mayor’s Cruise Ship Task Force Findings Infrastructure Availability of space determines whether a ship is put on the harbor schedule. Scheduling is done on a first- come-firstserved basis. to six days per week beginning in July 2006, the ships that must dock in berth 1A face increasing challenges scheduling the time required for loading or unloading at Pier 1. To meet these challenges, all harbor users and dock workers work closely with each other to minimize the impacts to operations. The arrival frequency of the barge that delivers diesel fuel to MECO varies with demand for electricity, but on average it arrives once every 10 days. It has a maximum capacity of approximately 60,000 barrels (2,520,000 gallons). When the barge docks at Pier 1, it can deliver a maximum capacity load. When berths at Pier 1 are not available for the barge bringing in fuel for MECO it must dock at Pier 3. However, the water at Pier 3 is not deep enough to accommodate this barge when it is full. When the barge bringing fuel for MECO docks at Pier 3 it can deliver a maximum of 50,000 barrels or about 15% less than maximum capacity. This increases the cost of fuel shipment. The barges that make weekly deliveries of gasoline, diesel and jet fuel to the Chevron and Tesoro terminals on Maui usually dock and unload at Pier 3. When the ocean surge is high fuel barges cannot unload at Pier 3 without risking a spill. To unload safely the barges must dock at Pier 1. In the last winter season (November 2004 to January 2005) there were three or four occasions when these conditions prevailed and Pier 1 berths were occupied. The fuel barges either waited until a berth was available or delayed the arrival of fuel. MECO has also experienced this with its fuel barge. Sugar can only be loaded onto the sugar ship from berth 1A and requires two to three days in port to take on its load. The current plan to accommodate both a sugar ship and a cruise ship is to dock cruise ships at berth 1C when a sugar ship is loading at berth 1A. This is not ideal, as passengers will disembark in a cargo area which is not designed to accommodate them and raises some safety and security concerns as well as being an inconvenience to the passengers. However, NCL America (NCLA) has agreed to this. The sugar ship loads once every six to eight weeks. NCLA has scheduled berthing space in Kahului Harbor through 2010. By July 2006 three NCLA ships are expected to dock at Mayor’s Cruise Ship Task Force Pier 1 each week for two days (one night) each. Therefore, Pier 1 will be occupied by a cruise ship six days (three nights) per week (Appendix D). Other cruise lines are also seeking this berthing space. One person, the Kahului Harbor Master, is responsible for scheduling in Kahului Harbor. Availability of space determines whether a ship is put on the harbor schedule. Scheduling is done on a first-come-first-served basis. Cargo shippers cannot schedule arrivals as precisely, or many years in advance as can cruise ships. Large cargo vessels that arrive from long distances cannot time arrivals as precisely as cruise ships due to delays encountered elsewhere. Fuel ships must time their arrivals to keep costs as low as possible and ensure adequate fuel supply. The timing of their arrivals varies somewhat according to demand for fuel. Matson ships all berth at Pier 1C. As cruise ships rarely use this berth, they have experienced no delays or scheduling difficulties in the harbor. Others report increasing challenges with scheduling. Pier 1 currently appears to be operating near maximum capacity most of the time. Users of the pier facilities and workers in the harbor are striving to make the schedule work. It seems that as long as there is no disrupting influence, scheduling in Kahului Harbor is manageable. However, anything that changes the schedule on short notice, such as weather or emergencies, creates challenges. Scheduling challenges and resulting delays in Kahului Harbor impact businesses, their sub-contractors and employees who work in the harbor. These groups experience lost revenue and/or increased costs due to need or inability to reschedule projects and the need to pay standby or overtime employee costs. Findings Infrastructure Cargo shippers cannot schedule arrivals as precisely, or many years in advance as can cruise ships. Pier 1 currently appears to be operating near maximum capacity most of the time. Scheduling challenges and resulting delays in Kahului Harbor impact businesses, their subcontractors and employees who in the harbor. Mayor’s Cruise Ship Task Force Findings Infrastructure Cargo shipping is expected to increase ... This and the anticipated increases in cruise ship port calls raise concerns about the capacity of Kahului Harbor to meet island demands for cargo. Facilities The passenger toilet facilities on Pier 1 are located outside the passenger arrival terminal. They consist of a men’s room with two stalls, one urinal and a basin; and a women’s room with multiple stalls. DOT installed a trailer with portable toilets in the parking lot adjacent to the permanent toilets. These do not operate on a septic system and must be pumped out. The toilet facilities available to workers on Pier 1 currently consist of one unisex bathroom with one toilet and two urinals. This must accommodate 20 to 30 stevedores and other workers in the area (truckers, etc). It is located at the end of the dock where cargo is unloaded. Recently DOT installed a single portable unit with a toilet and a urinal. Workers consider these facilities barely adequate for themselves and inadequate for customers arriving in this area (primarily to pick up cars). To use facilities in the passenger arrival terminal, customers must walk 100 yards from where they pick up their cars. When no cruise ship is in the harbor workers can use the toilets in the passenger arrival terminal. When a cruise ship is in the harbor, the passenger arrival terminal is locked off from the cargo loading area for security and safety reasons. Workers then have no access to those toilets. DOT plans to install a sewer line and will put in more toilets for passengers and workers when the sewer line is completed. The mix of pedestrian and cargo traffic makes the harbor and adjacent areas present challenges and risks for all concerned. The area is unsuitable for pedestrians. Cargo operations are very crowded and traffic in the harbor area is very challenging. Traffic on and near Ka`ahumanu Avenue is considerably heavier on days when cruise ships are in the harbor. The volume of traffic is expected to increase with the advent of Hawai`i Superferry. The harbor agents, shippers, stevedores, truckers and all other commercial users of the harbor cooperate and work very diligently to make harbor operations run as effectively and smoothly as possible. Mayor’s Cruise Ship Task Force Findings Infrastructure Cargo shipping is expected to increase with increases in the number of infrastructural projects on Maui, and resident and visitor population growth. This and the anticipated increases in cruise ship port calls raise concerns about the capacity of Kahului Harbor to meet island demands for cargo. It is unclear how long Kahului Harbor will have sufficient flexibility and capacity to adjust or add to the schedule to accommodate increasing cargo arrivals in a timely manner and cost-effective manner. Ground Transportation Cruise passengers use many types of ground transportation once on island. Ground transportation is usually included in the cost of shore excursions booked prior to leaving the ship. It is not available to destinations that can only handle a small number of visitors, or those that are lesser known. NCLA reports that approximately 90% of its passengers use private bus transportation on the island. Cruise passengers are transported to luaus in Makena and Ka`anapali and to other activities on busses. NCLA recently purchased Polynesian Adventure Tours augmenting its ability to transport its passengers. Some passengers use cabs and some have reported being taken on longer than necessary rides. There is no regulation governing taxis in this regard. Speedi Shuttle recently initiated a loop shuttle service that runs throughout central Maui for cruise passengers.9 There is a fee for the service. Ship passengers booking on line in advance of their travel can obtain their own transportation – mopeds or rental cars. Passengers using mopeds in Lahaina compete with local residents who use them regularly. 9 This was the result of a need identified by this Task Force. It is unclear how long Kahului Harbor will have sufficient flexibility and capacity to adjust or add to the schedule to accommodate increasing cargo arrivals in a timely manner and cost-effective manner. NCLA recently purchased Polynesian Adventure Tours augmenting its ability to transport its passengers. Mayor’s Cruise Ship Task Force Findings Infrastructure Revenue generated from cruise ship fees (that support harbor operations) differ significantly based on the country in which a ship is registered. …the DOT harbor system is not reliant on monies from the State’s General Fund. The Task Force did not obtain detailed information on traffic circulation and visitor traffic patterns. Many residents and users of both harbors that regularly drive in the vicinity of either harbor expressed concern about impacts of cruise passengers on traffic. Many harbor users in Lahaina report to the harbor master that they simply stay away on a “cruise ship day.” INFRASTRUCTURE FUNDING Cruise ships and their passengers add to the need for infrastructure. Passenger facilities were constructed in Kahului harbor for American Hawai`i Cruises and were paid for by harbor users. Pending improvements for Lahaina Harbor are supported by Federal and State funds. Revenue generated from cruise ship fees (that support harbor operations) differ significantly based on the country in which a ship is registered. In addition to paying harbor entry and occupancy fees, passenger head taxes and fuel taxes, companies sailing US-flag ships (NCLA) contribute to the State budget in the form of payroll, excise and corporate taxes to name a few. Companies sailing foreign-flag ships only pay port entry and occupancy fees, passenger head taxes and fuel taxes (Economics, pp. 33-34). Kahului Harbor Funding The Harbors Division of the Department of Transportation (DOT), which includes Kahului Harbor, is financially self- sustaining. Harbors Division imposes rates, rentals, fees and charges, or a combination of those, for the use and services of the harbors within the system. This combination of charges is set at rates necessary to pay all the expenses of the harbor system. With the exception of the recently appropriated funds for statewide harbor improvements related to the Hawai`i Superferry, the DOT harbor system is not reliant on monies from the State’s General Fund. (Specific fees and reimbursements paid by cruise ships are listed in Chart 11. Rules governing Mayor’s Cruise Ship Task Force Findings Infrastructure fees are listed in Appendix H and are available at the DOT website.10 Lahaina Harbor Funding In addition to larger recreational harbors such as Lahaina and Ma`alaea Harbors, the Department of Land and Natural Resources (DLNR) budget supports smaller harbors, boat ramps and other harbor-related expenses statewide. Revenues supporting smaller DLNR harbors, such as Hana Harbor or Manele Harbor, are generated in harbors with more extensive commercial and/or recreational activities, such as Lahaina and Ma`alaea. In FY 2003 and FY 2004 the harbors generating revenue that was spent in other areas of the State included Ala Wai (O`ahu), Lahaina (Maui), Keauhou (Hawai`i), Ma`alaea Harbor (Maui), and Kukui`ula (Kaua`i). All other small boat harbors generated less than was spent on them in these years (Chart 9 and Appendix F). Chart 9 Revenues Generated and Spent in Lahaina Harbor Lahaina FY 2003 Lahaina FY 2004 Revenue: Generated in Harbor $1,176,568 88.6% $991,904 89.4% Allocated from Administration $152,112 11.4% $118,079 10.6% Total Revenue $1,328,680 100.0% $1,109,983 100.0% Funds Spent for: Lahaina Harbor $470,463 35.4% $550,451 49.6% Statewide Administration $210,505 15.8% $280,224 25.2% Other Harbors $647,712 48.7% $279,308 25.2% Source: Attachment to DOBOR Draft Administrative Rules Chapter 234, New Proposed Base Fees 11/09/04 In FY 2004 $1,109,983 in revenue was generated in Lahaina Harbor.11 $991,904 was generated by fees paid for use of the 10 http://www.hawaii.gov/dot/harbors/adminrules/hadmin44.htm. 11 According to DLNR commercial revenues (slip fees and percentage rent) for FY 2004 was $442,161, recreational revenues (slip fees and other charges) were $118,512, and other revenues (land leases and revocable Mayor’s Cruise Ship Task Force Findings Infrastructure harbor. $118,079 of the revenue was allocated to the Lahaina Harbor from a statewide DOBOR administration fund.12 Of the total revenue in Lahaina Harbor in FY2004, 49.6% was spent on the harbor, 25.2% was spent for statewide administration and 25.2% was spent in other DOBOR harbors. Economic Impacts Through Infrastructure The large numbers of passengers and crew (Chart 10) that arrive on cruise ships contribute to the use and cost of maintaining existing infrastructure. The impact of the numbers of people, apart from the impact of the ships themselves, creates demand for more and/or new infrastructure. Those interviewed by the Task Force believe that economic impacts of cruise ship arrivals on Maui have occurred through the following: • displaced and/or delayed interisland ferries • reduced passenger access to interisland ferries • economic burdens for ferry passengers carrying cargo for sale to or from Moloka`i and Lana`i • displaced and/or delayed charter boats in Lahaina • blocked access to piers, fuel supplies and pump out stations • delayed cargo loading and unloading in Kahului Harbor • ships “bumped” to berths with shallower drafts in Kahului Harbor • increased costs for truckers and other shippers • increased costs of goods for some businesses permits and cruise ship fees) were $431,231. Cruise ship revenue for Lahaina in FY 2004 was $309,355. 12 According to DLNR this amount includes liquid fuel tax revenue, boating special fund revenue interest earned, and Federal reimbursements. In FY 2003 the Federal government reimbursed DOBOR $60,615 from the Federal Fish Restoration Act and $898, 600 from the Recreational Boating Safety Act. Mayor’s Cruise Ship Task Force Findings Infrastructure Chart 10 Cruise Passengers and Crew Scheduled to Arrive on Maui13 0 150,000 300,000 450,000 600,000 750,000 2003 2004 2005 2006 2007 Pier 2C and the Canoe Clubs In September 2004 the Draft Environmental Assessment for the Kahului Harbor portion of the 2025 Master Plan, indicated that the Department of Transportation would build a new pier in Kahului Harbor, Pier 2C. The Master Plan stated that “Pier 2C will serve inter-island ferry operations and overflow cruise ships.” Canoe club representatives believed this would eliminate their ability to continue the clubs’ activities in the harbor. As the harbor is a crucial facility for Maui, with finite capacity and increasing demands on that capacity, the Task Force felt it was important to consider the potential impacts of Pier 2C in the course of its work. It turned out that the improvements under consideration were not directly related to the cruise ships, and were in fact being planned to accommodate the proposed Superferry project. 13 The Lahaina portion of the 2007 figure is estimated to be 200,000 passenger and crew arrivals. All other numbers based on Lahaina and Kahului Harbor schedules as of April 2005 and the maximum crew and passenger capacity of those ships (Appendix I). The clubs feel that the addition of Pier 2C to Kahului Harbor would effectively eliminate their activities. Mayor’s Cruise Ship Task Force Findings Infrastructure Early in 2005 DOT announced they would not be moving forward with the construction of Pier 2C. Ten years ago, at the request of the State and with financial support from the county, the Hawaiian Canoe Club and Na Kai Ewalu moved from their original location (near Pier 2) to their present location closer to Kahului Beach Road. In March 1994, A & B Properties donated the land (Parcel 17 of TMK: 3-7-08) to the County of Maui by Warranty Deed. There is a clause in the deed stating that if this property is not used for organized Hawaiian outrigger canoeing activities for 24 consecutive months, the land automatically reverts back to the grantor. The Hawaiian Canoe Club also has a license agreement to use a portion of the adjacent park area for their volleyball court. This agreement is month to month and may be canceled with 30 days notice. In addition to moving 10 years ago, the clubs have adjusted to 9/11 security regulations. The clubs either stop practice or race activities or move out of the way for 15 minutes or so while a ship is entering or leaving port. This is done to ensure the paddlers are safe and to accommodate safe passage of vessels entering or leaving the harbor. When Pier 2C plans for Kahului Harbor were in progress the clubs were notified that the area of the harbor available to them would be restricted. Pier 2C would extend so far into the area used by the clubs as to make it inadequate for their use (Appendix E). The clubs feel that the addition of Pier 2C to Kahului Harbor would effectively eliminate their activities. There are no other waters on the north shore of Maui that would be safe for use as a canoe club site. Early in 2005, DOT announced they would not be moving forward with the construction of Pier 2C. Health Care Health care was not explored thoroughly as a topic by the Task Force. Maui’s capacity, however, to handle a sick ship or other health emergency of extensive proportion is a concern. Some passengers who need hospital care due to injury or an ailment during their voyage must leave the cruise and make Mayor’s Cruise Ship Task Force Findings Infrastructure their way back home on their own. The Maui Visitors Bureau does their best to work with the community to assist these passengers. Some crew members don’t have access to a dentist onboard. NCLA contracts with dentists for their crew members in every port. Mayor’s Cruise Ship Task Force Findings Infrastructure 36 ECONOMIC Taxes, Fees and Other Revenue There is no direct revenue that goes into the budget of the County of Maui from cruise ship activity with the exception of fees paid to the County of Maui Department of Liquor Control for liquor licenses (approximately $1,200 per ship per year). The revenue from cruise ship activity to the State of Hawai`i varies greatly depending on whether the ship is a foreign- or US-flag ship. As of April 2005, there is only one US-flag large passenger vessel in the entire world, the NCL America (NCLA) ship, Pride of Aloha. By the latter half of 2006 NCLA expects to have launched two more US-flag ships, the Pride of America to be launched July 2005 and the Pride of Hawai`i to be launched July 2006. Ships and hotels provide similar services, including sleeping accommodations, restaurants and bars, shopping and recreational activities. The taxes and fees that US-flag and foreign-flag cruise ships are subject to are listed in Chart 11. The chart also compares these taxes and fees to those paid by hotels. US-flag ships pay the same fees and taxes that foreign-flag ships pay, but the harbor fees for US-flag ships are less than those charged to foreign-flag ships (Charts 11 and 12). US-flag ships pay more in State and Federal taxes than do foreign-flag ships (Chart 11). Income generated by US-flag ships (NCLA) and their employees are subject to State taxes. The income of foreign- flag ships and their employees are not taxed by the State of Hawai`i or the US government (Chart 11). US-flag ships pay more in state and Federal taxes than do foreign-flag ships. Income generated by US-flag ships (NCLA) and their employees are subject to state taxes. Mayor’s Cruise Ship Task Force Findings Economic Chart 11 Taxes, Fees and Reimbursements Paid by Cruise Ships and Hotels Payment for Paid to Funds Support US Ships Foreign Ships Hotels Employment State of Hawai`i Department of Labor Employment and Training Fund Y N Y Unemployment Unemployment Fund Y N Y Employee Income Taxes State of Hawai`i Department of Taxation ? Y N Y General Excise Tax General Fund Y N Y Corporate Tax Y N Y Transient Accommodation Tax ? N N Y Fuel State of Hawai`i Department of Transportation Highway Special Fund Y Y N Liquor License County of Maui Department of Liquor Control Sole Support for Department of Liquor Control $25/d, $100/mo or $1200/yr* $25/d, $100/mo or $1200/yr* $1200 per year Percent of Liquor Sales Fee ~ 1% (varies annually) Property Tax County of Maui Director of Finance Police, fire, street maintenance N N Y Fees and Reimbursements in Kahului Harbor Port Entry State of Hawai`i Department of Transportation Harbor Special Fund - to support harbor maintenance and expenses $344** $344** n/a Dockage (24 h) $1725** $2875** n/a Per-passenger Wharfage $1.85 per visit $5 per visit n/a Electricity $130 to $260 $130 to $260 n/a Water $300 to $700 $300 to $700 n/a Fees in Lahaina Harbor Per-passenger Wharfage State of Hawai`i Department of Land and Natural Resources, Division of Boating and Ocean Recreation Lahaina and other small boat harbors throughout the state $1.50 $1.50 n/a Dockage (965 foot ship for 12 h) $847 $847 n/a *When in Maui County waters. **For ships 850 to 900 feet long. Mayor’s Cruise Ship Task Force Findings Economic A brief survey of passenger fees in comparable U.S. ports indicates that cruise passenger fees in Hawai`i harbors are approximately one third the prevailing rates in other U.S. ports for foreign-flag ships in transit (IT). The fees for home-ported (HP) cruise ships in Hawai`i are 3 to 11 times lower than the fees charged elsewhere (Chart 12). In 1997 the per-passenger fee charged for home-ported vessels was reduced in Hawai`i harbors from $5.00 per-passenger (including embarkation and disembarkation) to $1.85. Chart 12 Cruise Passenger Fees in Hawai`i and Other Ports14 $14.00 $6.00 $20.62 $1.85 $5.00 $5.00 $15.00 $18.06 $3.50 $0 $5 $10 $15 $20 $25 Vancouver US Virgin Islands Seattle (HP) Seattle (IT) Puerto Rico Los Angeles Hawai`i 2005 (HP) Hawai`i 1997 (HP) Hawai`i 2005 (IT) Passenger, Crew and Cruise Line Expenditures Cruise passengers on US-flag ships generate revenue to the State of Hawai`i via taxes on the expenditures they make during 14 Ports on the US Mainland and in Canada have more extensive infrastructure designed to accommodate passenger vehicles than do Hawai`i ports. In 1997 the per-passenger fee charged for home- ported vessels was reduced in Hawai`i harbors from $5.00 per- passenger … to $1.85. Cruise passengers on US-flag ships generate revenue to the State of Hawai`i via taxes on their expenditures they make during the trip, including cruise ship fare, on board and on shore expenses. Mayor’s Cruise Ship Task Force Findings Economic the trip, including cruise ship fare, on board and on shore expenses. These are all subject to General Excise Tax (GET). In 2004, these expenditures amounted to $373 per person per day.15 By comparison, only the on-shore expenses (approximately … only the on-$105 per person per day in 2004) of foreign-flag cruise shore expenses passengers generate GET revenue. (approximately $105 per person In 2004 hotel guests spent $165 per person per day generating per day in 2004) more revenue to the State of Hawai`i from taxes than the on of foreign-flag shore expenditures of foreign-flag ship passengers (Chart 13). cruise passengers generate GET Chart 13 Statewide Passenger and Crew Spending revenue. The largest portion of onshore spending by cruise passengers and crew is on Tours and Activities. The largest portion of crew spending is on Tours and Activities, including Entertainment. 2002 2003 Cruise Visitor - On shore per person per day $99 $101 Hotel Visitors - per person per day 165.6 170.3 Cruise Visitors - Total On Shore $169,100,000 $169,300,000 Crew - On shore per person per day $68 $64 Crew - Total On Shore $38,800,000 $33,500,000 Source: DBEDT Cruise passenger spending on shore amounted to approximately $169 million in 2002 and 2003.16 The largest portion of on-shore spending by cruise passengers and crew is on Tours and Activities. The largest portion of crew spending is on Tours and Activities, including Entertainment (Chart 14). Maui Visitors Bureau, the State legislature and other groups have tried and been unsuccessful in getting detailed figures 15 Source: DBEDT 16 2002 and 2003 Hawai`i Cruise Industry Impact Study, DBEDT Mayor’s Cruise Ship Task Force from the State for comparison of the amount of State revenues generated by ships and by hotels. Hotels, shops and restaurants on Maui contribute to the community or participate in ways that most ships have not. Hotels regularly engage in community activities and charities, and must undergo environmental impact studies and pay infrastructure impact mitigation fees. Foreign-flag ships do none of these. All new hotels are required to provide land-based permanent employee housing with the number of homes equivalent to at least 25% of the number of visitor units. Cruise ships provide sleeping quarters for their employees. In the last 12 months NCLA has donated approximately $750,000 to charities and the community activities throughout the State. It generally donates to organizations with statewide reach, so it is unclear how much of this has had an impact in Maui County. Chart 14 Passenger and Crew Spending Breakdown15 Findings Economic In the last 12 months NCLA has donated approximately $750,000 to charities and the community activities throughout the State. Visitors Crew Lodging 17.9% 6.2% Food & Beverage 12.8% 11.9% Entertainment 3.9% Transportation 11.2% 10.5% Shopping 17.7% 3.7% Tours and Activities (& Entertainment for Crew) 26.1% 56.4% Other 10.3% 11.2% Cruise lines make their major infrastructural investments in assets that are mobile, i.e. ships, whereas the major infrastructural investments made by hotel operations are land- based tourist accommodations and amenities, i.e. largely immobile assets. This gives cruise line businesses the Mayor’s Cruise Ship Task Force Findings Economic Businesses with increased revenue from cruise ships include retail shops, hotels, airlines, restaurants, taxi companies, activity operators, tour bus companies, car rental agencies and luaus. The Activity and Attractions Association of Hawai`i estimated that in 2003 the cruise industry increased revenue in this industry on Maui by $15,525,000. appearance of being more easily transferred to other locales than the land-based accommodation businesses. Hotels continue to generate jobs and revenue for the County and the State even if they are sold or converted for time-share or condominium uses. The Federal regulation that permitted Norwegian Cruise Lines to complete the construction of their new ships in a foreign shipyard also restricts NCLA operations within the US to the State of Hawai`i.17 NCLA could sail these ships in Europe, however they would have to sail under the US flag. This would put NCLA at a competitive disadvantage to other cruise ships, most of which are registered in countries with less restrictive regulation than the US. The cruise ship business has increased total visitor spending on Maui. Businesses with increased revenue from cruise ships include activities and attractions, retail shops, hotels, airlines, restaurants, taxi companies, tour bus companies, car rental agencies and luaus. The groups that appear to benefit most from cruise passengers are activity and tour operators, ground transportation companies and some retailers and restaurants (Chart 14). The Activity and Attractions Association of Hawai`i estimated that in 2003 the cruise industry increased revenue in this industry on Maui by $15,525,000 (Chart 15). The businesses that seem to do best are those closest to the harbors and those that are easily accessible by ground transportation. For example, Speedi Shuttle service has a kiosk at Kahului Harbor but does not sell tickets on board. Space and competition in Lahaina Harbor prevent most businesses from setting up there. In addition to spending by cruise passengers, which generates State GET revenue, cruise lines themselves also generate revenue to the State. In early 2005 the Department of Business Economic Development and Tourism (DBEDT) published a 17 In 1999 American Classic Voyages (ACV) was awarded a Federal loan guarantee (Title IX financing from the US Maritime Administration) for construction of two cruise ships in an American shipyard. In 2001, ACV defaulted on this agreement. Norwegian Cruise Lines agreed to repay the loan, was awarded the contract, and granted permission to complete construction of the ships in Bremerhaven, Germany. Mayor’s Cruise Ship Task Force Findings Economic study of the economic impact of the cruise industry in Hawai`i.16 According to this study, cruise lines paid port entry, dockage, wharfage and other fees amounting to $5,490,904 to the State of Hawai`i 2003. They also spent $2,756,538 hiring shipping agents in Hawai`i, and purchased fuel, provisions, etc. at a cost of $56,243,841 in 2003.16 Chart 15 Economic Benefit of Cruise Ships on the Activities and Attractions Industry Air Toursa $2,200,000 Attractionsb $1,500,000 Land Based Activitiesc $1,550,000 Beach and Ocean Activitiesd $275,000 Boat Tourse $2,000,000 Transportationf $8,000,000 Total $15,525,000 a) Helicopters and fixed-wing planes b) Aquariums, museums, theaters, botanical gardens c) Luaus, hiking, biking, horseback, ATV and Zipline d) Surfing, windsurfing, kiteboarding, kayaking, and SCUBA diving from shore e) Snorkeling, fishing, whale watches, dinner cruises and SCUBA diving from boats f) Buses, tours and ferries DBEDT estimated that in 2003, direct spending of passengers, crew and cruise lines totaled $210 million. With cruise passenger numbers estimated to increase to more than 500,000 passengers per year by 2007, direct spending is also expected to rise. Passenger demographics and their spending preferences and practices differ between ships. Smaller ships tend to have higher end passengers only. Some larger ships have passengers with a broader range of disposable income. Other large ships cater specifically to certain types of passengers. For example, Holland America’s Amsterdam brings a large number of seniors while Nippon Yusen Kaisha’s Crystal Harmony is part of their “six-star” (luxury) Crystal Cruises fleet. Passenger demographics and their spending preferences and practices differ between ships. Mayor’s Cruise Ship Task Force Findings Economic Many Lahaina merchants and vendors have adjusted to passenger demographic s when determining whether to market to passengers Crew spending patterns are distinctive from passenger spending patterns. Foreign crew may purchase and consume alcohol in all counties in the State except Maui. Many Lahaina merchants and vendors have adjusted to passenger demographics when determining whether to market to passengers on a given ship. For example, Whaler’s Village typically only sends shuttles to larger ships because they need large numbers of passengers to make this service worthwhile. Merchants in Lahaina town benefit from foot traffic regardless of ship size. They have learned from experience the spending histories for different ships and plan their approach to passengers based on whether a higher or lower spending ship is due to arrive. Crew spending patterns are distinctive from passenger spending patterns. Crew spend a smaller percentage (compared to passengers) on lodging and shopping. They spend mostly on tours, activities and entertainment. Crew are more likely than passengers to use laundries and dental services. They are also more likely to purchase necessities and sundries, computer and internet access and phone cards. Foreign crew passports are kept on board ship for security and ship employees are issued employee identification cards. The Maui County Department of Liquor Control (MCDLC) interprets these rules strictly and does not accept ship identification for foreign crew members for the purpose of purchasing or consuming alcohol. The rules in the City and County of Honolulu and the County of Hawai`i are similar to those in the County of Maui (Appendix I). Foreign crew may purchase and consume alcohol in all counties in the State except Maui. The director of the MCDLC has offered to have members of the department meet with crew on the ships, inspect their passports, and thereafter provide them with County photo identification cards that foreign crew could use to purchase and consume alcohol on Maui. The cruise line representatives expressed interest in working and meeting with the department, but have not yet arranged meeting times for the passports to be inspected. As most cruise ships that come to Maui spend a few days per year at most here, this may be an impractical solution for the ships and their crew members. Mayor’s Cruise Ship Task Force Findings Economic Cruise Line Commerce with Maui Businesses NCLA has explored opportunities to contract with a number of businesses in Maui. They have signed an agreement with some local growers and are exploring agreements with others to provide fresh produce to the ships.18 Some growers may have challenges consistently meeting the quality and quantity that NCLA requires, as has been the case with supplying hotels. The USDA, for example, recently implemented microbial food safety inspections for fresh produce which requires growers to adopt safe practices and be certified. NCLA stated that they prefer to set up relationships with local vendors and growers wherever possible. The Maui fishing industry cannot provide the consistency in amount and portion size required by NCLA. It purchases fresh frozen fish from the Philippines, Indonesia, Taiwan, Vietnam, Thailand, China, Japan, Chile, Ecuador, Holland, Brazil, Mexico, Argentina, and the USA (Seattle, Vancouver, Boston, Miami). Foreign-flag ships generally provision with supplies shipped from the mainland. Some ships purchase fresh seafood and/or produce in Honolulu. These ships generally do not purchase basic provisions on Maui, except in emergencies. NCLA purchases products from local vendors to sell on board including fresh pineapple, flowers, jewelry and apparel and continue to explore other similar opportunities.18 NCLA contracts with Hike Maui for a hiking tour for its passengers to Puohokamoa Waterfall in Nahiku. It also has contracted with the Sheraton Maui and the Maui Prince Hotel to conduct luaus there for NCL passengers. NCL America and other cruise lines contract through Atlantis Adventure Tours with Hike Maui for hiking tours for passengers to Puohokamoa Waterfall in Nahiku. This was an existing tour that has been adapted to the needs of cruise passengers, some of whom are unable to walk for more than 2 hours at a time. An entire tour consists only of passengers from a single ship. Each tour accommodates a minimum of 6 and a maximum of 30 passengers. 18 This was a result of opportunities identified by this Task Force. Foreign-flag ships generally provision with supplies shipped from the mainland. Mayor’s Cruise Ship Task Force Findings Economic Some have expressed concern that the number of people the hikes bring to a delicate ecosystem in a quiet, rural area will damage the ecosystem and impair the quality of life for nearby residents. Hike Maui accommodates up to 100 passengers per day and breaks these up into smaller tours of no more than 30. The volume of business varies with the season. Hike Maui states that in a typical week they accommodate 15 to 30 ship passengers per day 3 to 4 days per week. In the summer NCLA books hiking tours in blocks of 40 on each day that the ship is in port, however all of these slots may not necessarily be used. Some have expressed concern that the number of people the hikes bring to a delicate ecosystem in a quiet, rural area will damage the ecosystem and impair the quality of life for nearby residents. In addition to Hike Maui, NCLA has contracted with the following businesses that operate on Maui: AKAL Security Maui Recycling Service Aloha Glass Recycling Maui Sporting Clays Atlantis Adventures Maui Tropical Plantation Blue Hawaiian Helicopters McCabe Hamilton & Cab 66 Transportation Renney Co Ltd Elleair Maui Golf Club Pacific Biodiesel Hana Ranch Pacific Whale Foundation Hawaii Tug & Barge Sheraton Maui HST Windsurfing Maui The Dunes at Maui Lani Lahaina Divers Golf Course Kapalua Golf Courses Trilogy Makena Golf Courses `Ulalena Maui Downhill Valley Isle Transportation Maui Ocean Center Services Maui Prince Hotel Wailea Golf Club In destinations outside Hawai`i cruise lines have purchased local businesses. This relieves local business of the need for capital investment, however profits may accrue to companies located outside the County or State and, therefore, not be subject to State taxes. Foreign cruise lines are not subject to Hawai`i State taxes but any profits reported by NCLA are subject to State income taxes. Mayor’s Cruise Ship Task Force Findings Economic NCLA felt the capacity of Maui ground transportation companies did not match the needs for ground transportation of NCLA passengers. Polynesian Adventure Tours (PAT) was unable to make the investment necessary to increase capacity to make this accommodation. Therefore, in November 2004, NCLA and PAT reached an agreement for NCLA to purchase PAT. NCLA stated that it does not intend to make purchases of local businesses an ongoing business strategy. Businesses that are publicized on board to passengers have a competitive advantage over businesses that are not. Vendors can pay to have their products or services publicized and promoted on board. The on-board promotional fees can be as high as $500 and some local businesses, particularly some smaller ones, find fees prohibitive. Smaller vendors and destinations receive less traffic than better known destinations and activities. Some smaller or lesser known destinations, such as the Hawai`i Nature Center, have been publicized on a trial basis, but were eventually dropped due to insufficient traffic. Cruise lines do their own marketing to passengers. MVB does not market to prospective cruise passengers at all. Small towns have expressed a desire to attract cruise passengers, but due to infrastructure limitations currently feel comfortable accommodating groups of 20 to 30 passengers spaced sporadically throughout the day. Some local businesses have been successful marketing on line to cruise passengers. Businesses in the first port of call on an “island hopping” schedule sell more than similar businesses in later ports of call. Cruise Line Employment By law, US-flag ships must hire US citizens. At least 75% of US-flag ship staff must be US citizens. Foreign-flag ships do NCLA stated that it does not intend to make purchases of local businesses an ongoing business strategy. Businesses that are publicized on board to passengers have a competitive advantage over businesses that are not. Maui Cruise Ship Task Force Findings Economics On the Pride of Aloha about 40% of the US citizens hired as staff are Hawai`i residents. With low unemployment in Hawai`i, it will be difficult to keep the percentage of Hawai`i residents among NCLA employees at 40%. The limited capacity of Maui infrastructure (harbors, roads, walkways, ground transportation, etc.), to support large numbers of cruise passenger arrivals causes displacements and delays. not have to meet that requirement. For this purpose, residents of Guam and American Samoa qualify as US citizens. On the Pride of Aloha about 40% of the US citizens hired as staff are Hawai`i residents. NCLA will bring on two new vessels by July 2006, representing approximately 1,800 staff positions. With low unemployment in Hawai`i, it will be difficult to keep the percentage of Hawai`i residents among NCLA employees at 40%. Working conditions on board ship are very different from those on land. On a standard work schedule on board employees work split shifts from 8 am to noon and 5 to 10 pm seven days, or more than 60 hours per week. They typically work 16 to 20 weeks then receive a one month vacation. This averages to 48 to 50 hours work per week. When the NCLA ship Pride of Aloha first began sailing in July 2004, it experienced some personnel challenges. The early hires in Hawai`i were unprepared for the working and living conditions on board and many quit after working only a short time. The company implemented a three week pre-employment training program to help employees adjust. It includes safety training, job training, soft skill training, and Hawaiian cultural training. This is intended to help employees adjust to shipboard life before they begin working. Very few members of the US work force have merchant marine experience. About 10% of all shipboard jobs are managerial level and approximately 10% of those jobs (1% of the jobs on the ship overall) are held by Hawai`i residents. Positions presently filled by local residents include the relief hotel director and assistant hotel director on the Pride of Aloha, a staff captain, a first officer, an executive housekeeper, a front office manager, and a restaurant manager (F&B manager for the ship). Hawai`i residents are underrepresented in the lowest wage jobs on board. Other Economic Impacts and Benefits The limited capacity of Maui infrastructure (harbors, roads, walkways, ground transportation, etc.), to support large Mayor’s Cruise Ship Task Force Findings Economic numbers of cruise passenger arrivals causes displacements and delays. It also has economic impacts on our towns, residents and on some business in the added time and expense they incur to accommodate cruise ships. The frequency of ship arrivals and lengths of stay (Chart 15) also increases the need for more and/or new infrastructure. Maui Visitors Bureau’s (MVB) strategy targets the high end visitor, emphasizing quality visitor experiences. Large passenger influxes impact the quality of the visitor experience for the non-cruise visitor. It is unclear whether increasing numbers of cruise passengers supports or departs from the MVB strategy. However, for those who have not visited Hawai`i before, the cruise ship experience provides a sampling of Hawai`i as a destination. In 2003 58% of the cruise passengers to Hawai`i had visited before.16 Therefore, with their aggressive national and international marketing, the cruise industry and the cruise experience create a new pool of repeat visitors that stay in hotels and other land-based accommodations. Cruise lines do not tap MVB’s marketing funds to attract cruise passengers to Maui. Their self-supported efforts benefit MVB’s goal of branding Maui as a visitor destination. Cruise ships create their own electricity and can produce their own drinking water. They also treat blackwater and in some cases graywater to higher standards and recycle more extensively than on shore in Hawai`i. Maui Cruise Ship Task Force Findings Economics Chart 16 Number of Cruise Stops to be Made and Days to be Spent in Maui Ports19 0 100 200 300 400 500 2003 2004 2005 2006 2007 Stops in a Maui Port Days Spent in a Maui Port 19 Based on Kahului and Lahaina Harbor schedules as of April 2005. LEGISLATIVE AND POLITICAL Hawai`i MOU The current guidelines for cruise ship environmental practices are outlined in a Memorandum of Understanding (MOU, Appendix J). The State of Hawai`i entered into this agreement with the North West Cruise Ship Association (NWCA). The original MOU was signed by Governor Cayetano in October 2002. The first revision of the MOU is now in effect, was signed The current guidelines for by Governor Lingle, and is dated February 18, 2004. cruise ship The Hawai`i MOU (including seven appendices) is available on environmental the Department of Health (DOH) Office of Environmental practices are Planning web page.20 outlined in a Memorandum of The parties representing the State and Federal government Understanding during the negotiation of the MOU included: (MOU). • DOH Deputy Director for Environmental Health • DOH Office of Hazard Evaluation and Emergency Response • DOH Environmental Planning Office • DOH Office of Environmental Quality Control • DOH Environmental Management Division o Clean Water Branch o Clean Air Branch o Solid and Hazardous Waste Branch • Department of Land and Natural Resources • Department of Transportation • Department of Business Economic Development and Tourism (State Office of Planning) • United States Environmental Protection Agency (EPA) • United States Coast Guard (USCG) 20 http://www.hawaii.gov/health/environmental/env-planning/index.html Mayor’s Cruise Ship Task Force Findings Legislative and Political The boundary of the HMA is defined as four miles from the 100 fathom contour mark surrounding the major Hawaiian Islands. In agreeing to the terms of this MOU, NWCA member cruise lines have agreed to voluntarily follow guidelines in an area larger than can be governed by State regulation. As is the usual practice with other MOUs, agreements and contracts that the State enters into, the executive branch negotiated this MOU on behalf of the State. State legislators do not participate in these types of negotiations. There are currently nine cruise lines that are members of the NWCA and party to the Hawai`i MOU. They include: • Carnival Cruise Lines • Celebrity Cruises • Crystal Cruises • Holland America Line – Westours • Norwegian Cruise Lines • Princess Cruises • Radisson Seven Seas Cruises • Royal Caribbean International • Silversea Cruises The Hawai`i MOU specifies guidelines agreed to by the State and NWCA regarding environmental practices on cruise ships. It is based on industry standards established by the International Council of Cruise Lines (ICCL), a member organization for cruise lines. The MOU also follows international rules established by the International Maritime Organization (IMO) through the MARPOL conventions (Appendix K). The MOU describes guidelines for waste discharge practices with respect to an area defined in the MOU as the Hawai`i Marine Area (HMA). The boundary of the HMA is defined as four miles from the 100 fathom contour mark surrounding the major Hawaiian Islands. The HMA includes the area four miles beyond the 100 fathom mark surrounding each of the major Hawaiian Islands: Hawai`i, Maui, Moloka`i, Lana`i, Kaho`olawe, O`ahu and Kaua`i. It encompasses an area that includes all the interisland channels within Maui County stretching to the windward (east) coast of O`ahu (Appendix L). In agreeing to the terms of this MOU, NWCA member cruise lines have agreed to voluntarily follow guidelines in an area larger than can be governed by State regulation. Mayor’s Cruise Ship Task Force Findings Legislative and Political State jurisdiction to enforce regulations only applies within State waters. State waters include all areas within three nautical miles of the shoreline. This is smaller than the area included in the HMA. Federal law governs sewage discharge within and beyond State waters. The Hawai`i MOU also requires the treated sewage discharged by cruise ships into the HMA to meet higher standards than those generally required by Federal law. The Alaska Standards are higher than the discharge standards that apply nationally. They were created by Federal law and apply to all Alaskan waters. Thus, all Alaskan waters have either been Federally designated as no discharge zones, or the discharge in those areas must meet the Alaska Standards for treated sewage (Appendix M). According to the Hawai`i MOU cruise ships have extensive self monitoring requirements and agree to self-report violations within 10 working days of their occurrence. There is no regular State monitoring or inspection of cruise ships. Cruise ship compliance with MOU guidelines is voluntary. The Hawai`i MOU provides no penalties for noncompliance with the terms of the agreement. In the first two-and-a-half years the Hawai`i MOU was in effect (October 2002 to March 2005) approximately 360 cruise ship visits were made to Maui and 17 incidents of noncompliance with the MOU were reported. Twelve of these incidents involved discharge of graywater or treated blackwater within the HMA (4 nautical miles from the 100 fathom contour mark) but outside State waters (three miles from the shoreline). All 12 of these incidents occurred in the first six months the MOU was in effect and were due to misidentification of the HMA. Four of the remaining five occurrences involved two incidents of graywater and treated blackwater discharge while transiting Penguin Banks, and two incidents in which treated blackwater was accidentally discharged in Honolulu and Hilo Harbors. The remaining occurrence involved a ship that failed to comply with record keeping requirements for treated blackwater discharge and failed to submit a sample of those waste materials prior to discharge. State jurisdiction to enforce regulations applies within State waters. … Federal law governs sewage discharge within and beyond State waters. In the first two- and-a-half years the Hawai`i MOU was in effect (October 2002 to March 2005) approximately 360 cruise ship visits were made to Maui and 17 incidents of noncompliance with the MOU were reported. Mayor’s Cruise Ship Task Force Findings Legislative and Political There was an incident of overflow from the sewage treatment system in Kahului Harbor in January 2005 that is documented in Coast Guard records but is not listed in DOH records, indicating that this incident may not have been reported to DOH as required by the MOU. State officials may not board a foreign-flag ship without permission from the ship’s captain. No governmental action was taken in response to any of the 17 MOU violations that have been reported to date. Cruise lines responded to the misidentification of the HMA with route changes and crew education. There was an incident of overflow from the sewage treatment system in Kahului Harbor in January 2005 that is documented in Coast Guard records but is not listed in DOH records, indicating that this incident may not have been reported to DOH as required by the MOU. Federal Monitoring A number of Federal guidelines and regulations govern water quality and other activities of cruise ships related to safety practices, waste management, invasive species, etc. Federal guidelines with regard to specific waste streams and the limitations of those guidelines are described throughout the Environmental Findings section of this document. A general description of Federal guidelines that apply to water quality are presented in section B of Appendix K. State officials may not board a foreign-flag ship without permission from the ship’s captain. This is the domain of the Federal government. The US Coast Guard (USCG) monitors foreign-flag ships. Every foreign-flag ship must pass a detailed inspection (four to eight inspectors, 5 days in length) prior to entering US waters for the first time. Ships that pass the first inspection are certified for one year. Foreign-flag ships must be inspected at least four times per year and recertified every 90 days. Pollution control records are checked each time a vessel is boarded. Foreign-flag ships found to be in violation of US law are tracked, and boarded and inspected more frequently than every 90 days. Due to practical limitations, those that are regularly found to be in compliance are boarded and inspected at least twice a year. The USCG may impose fines and take corrective action including criminal prosecution when ships are not in compliance with US law. They may also hold ships in port until they are in compliance. Mayor’s Cruise Ship Task Force Findings Legislative and Political The USCG website provides a list of vessels it inspects, the dates of inspection and some cases, information about the nature and results of the inspection. Some of the cruise vessels that travel regularly in Hawai`i waters have been held in port by the USCG, however, this has not occurred in Hawai`i. Ships are required to report any oil spill or prohibited discharge to the USCG immediately after the spill is discovered. With regard to reporting waste management practices in Hawai`i, cruise ships must only report on the handling of hazardous materials, on board. This is a Federal requirement. Cruise Ship Regulatory Models Among states that are destinations on cruise ship itineraries, four operate under MOUs: Florida, Hawai`i, Washington and Maine. The features of the Florida, Hawai`i and Washington MOUs are listed in Appendix N. Florida was the first state to set up an MOU with the cruise industry. Hawai`i’s MOU was patterned after Florida’s; Washington then established an MOU that was based on the agreements of Hawai`i and Florida. The MOUs of Florida, Hawai`i and Washington are similar but have a few notable differences. • Florida has the right to inspect records for all cruise vessels entering Florida Territorial Waters. Hawai`i and Washington do not. • In Hawai`i and Washington, NWCA members agreed to comply with the Federal Marine Mammal Protection and Invasive Species Acts. • In the Washington MOU NWCA members agree to recordkeeping, monitoring and waste treatment procedures that are not in the Florida and Hawai`i MOUs. The USCG may impose fines and take corrective action including criminal prosecution when ships are not in compliance. They may also hold ships in port until they are in compliance. Ships are required to report any oil spill or prohibited discharge to the USCG immediately after the spill is discovered. Mayor’s Cruise Ship Task Force Findings Legislative and Political California recently established laws governing cruise ship waste practices due to repeated incidences of noncompliance with their MOU. Alaska law permits waste discharge from cruise ships within state waters, but extensive government regulation is involved in their approach. In September 2004, California passed laws creating a ‘no discharge zone’ prohibiting discharge of all waste except sewage within state waters … and national marine sanctuaries. Cruise ships operated in California under MOUs at one time. California recently established laws governing cruise ship waste practices due to repeated incidences of noncompliance with the MOU. Alaska had no agreements with cruise ship regarding their practices until 2000 when the state established laws monitoring and regulating discharge and imposing fines for violations. The focus of Alaska and California laws governing cruise ships differs significantly from one another. The features of each approach are listed in Appendix O. Alaska law permits waste discharge from cruise ships within state waters, but extensive government regulation is involved in their approach. Alaska law set up a reporting and monitoring system along with a compliance fund supported by fees charged to cruise ships.21 In September 2004, California passed laws creating a ‘no discharge zone’ prohibiting discharge of all waste except sewage within state waters (three nautical miles from the coastline) and national marine sanctuaries. Federal law regarding sewage discharge preempts state law, so California applied to the EPA for an exemption from Federal rules regarding sewage discharge and permission to establish sewage discharge regulations within state waters and national marine sanctuaries.22 California has prohibited discharge of air emissions exceeding specific standards. It has also prohibited discharge of graywater, oily bilge and hazardous and other solid waste in these areas. Under these rules large passenger ships must use pump out stations for all waste discharge. 21 An initiative to be on the 2006 ballot in Alaska would set up a more extensive compliance fund with a fee charged for every cruise passenger entering the State. Eight percent of these fees would pay for a state- employed independent licensed marine engineer to travel on board each cruise ship while it is in state waters and monitor ship practices and compliance. Twenty-four per cent of the fees would go to communities that are impacted by vessel and/or passenger traffic but are not ports of call. The remaining 68% would fund port and harbor improvements 22 A Federal law provides for higher water quality standards for fecal coliform counts and chlorine in Alaskan waters than elsewhere under Federal jurisdiction. This exception has been in place for several years and based on this, the California request to the EPA is expected to be granted. Mayor’s Cruise Ship Task Force Findings Legislative and Political No-discharge-rules in California apply to vessels greater than 300 gross tons carrying passengers for hire and exclude vessels without berths or overnight accommodations, warships, ships operated by state, Federal or foreign governments, noncommercial vessels and vessels operated by nonprofit entities. European Union regulations prohibit waste discharge into coastal and ocean waters of the North Sea and all member nations have installed waste reception facilities to accommodate the vessels that call on their ports. While the rules for discharge in Europe vary with waste stream and location, regulation there requires extensive notification, reporting and monitoring of compliance. The goal of these regulations is to move toward the elimination of ship pollution (Appendix K). Hawai`i Political Climate Cruise ships have generated ongoing interest in the community and the press. The press has empowered the public by providing opportunity for meaningful public input, and public discussion has raised concerns about the current MOU. Legislation aimed at providing more protection and regulatory oversight of cruise ship activity in the State has been introduced regularly in the State legislature. This legislation did not pass in the 2003 or 2004 legislative sessions. A law that essentially codifies the MOU (House Bill 422) passed in the 2005 Legislative Session and became law without the Governor’s signature on July 12, 2005 (Act 206). It imposes penalties for violations and requires ships to: • Maintain discharge and air emission records • Submit reports to DOH upon request • Submit reports required by the Federal government to DOH This legislation also provides DOH flexibility to establish alternative terms for vessels that cannot comply with established regulation. A law that essentially codifies the MOU (House Bill 422) passed in the 2005 Legislative Session and became law without the Governor’s signature on July 12, 2005 (Act 206). Mayor’s Cruise Ship Task Force Findings Legislative and Political On March 22, 2005 the Director of Health, Dr. Chiyome Fukino, testified to committees in both houses of the legislature that the current administration feels the “creation of a new regulatory regime for cruise ships is unnecessary.” It is NCL America’s position that most of the provisions of Act 206 are preempted by Federal law and these laws are not enforceable. On March 22, 2005 the Director of Health, Dr. Chiyome Fukino, testified to committees in both houses of the legislature that the current administration feels the “creation of a new regulatory regime for cruise ships is unnecessary.” ENVIRONMENTAL Approximately half of the cruise ships that visited Maui in 2003 and 2004 have capacities for passengers and crew numbering between 2,400 and 3,500 (Appendix C). These ships produce solid waste and sewage comparable to that of two to three resort hotels. Chart 17 lists the waste streams on cruise ships, the contents of those waste streams and the estimated amount generated in a one week voyage. Appendix P lists the materials on board cruise ships that contribute to on board waste streams. The Hawai`i The Hawai`i MOU20 (Appendix J) is an agreement between the Department NWCA and the State of Hawai`i outlining cruise ship operations of Health and environmental practices (Legislative and Political Findings, (DOH) pp 46-52.) Most of the MOU references environmental cannot practices. directly investigate The Hawai`i Department of Health (DOH) is the agency of the or enforce State government that oversees cruise ship activities related to MOU waste management. The DOH cannot directly investigate or violations on enforce MOU violations on foreign-flag cruise ships. To board foreign-flag any foreign-flag ship, the DOH must obtain permission from the cruise ships. ship captain and must be accompanied by the USCG when doing so. Under these circumstances the DOH cannot make unannounced inspections of waste management procedures on board foreign-flag ships and has no means of determining whether or not a given ship is complying with the MOU other than self-reporting by cruise ships. The US Coast Guard has jurisdiction over the waste practices of foreign-flag cruise ships, and can enforce US law. However, there are no US laws that specifically address sewage or air pollution on foreign-flag ships (see International Organizations and Regulations and MARPOL Annexes, Appendix K). Mayor’s Cruise Ship Task Force Findings Environmental Chart 17 Waste Streams on Cruise Ships23 Waste Stream Contents Estimated amount per week Air Emissions Ash from incinerated sludge and other waste. Emissions from on board diesel engines, power generators and desalination plants. 7 Megawatts of electrical power idling in port24 Sewage (blackwater) Toilet wastewater and solids 210,000 to 1 million gal Graywater Sink, shower, galley, laundry wastewater. Contains detergents, cleaners, oil and grease, metals, pesticides, medical and dental wastes 1 to 2 million gal Hazardous Waste Photo chemicals 110 gal Dry cleaning waste (perchloroethylene and other chlorinated solvents) 5 gal Used paint 10 gal Expired chemicals, including pharmaceuticals 5 gal Other wastes, such as print shop wastes Used fluorescent and light bulbs Used batteries Unknown Solid waste Plastic, paper, wood, cardboard, food, cans, glass International regulations prohibit discharge of plastics. 20 or more tons Oily Bilge Water Liquid collected in lowest point of ship when in a static floating position. 25,000 gal 23 Sources: Alaska Department of Environmental Conservation (ADEC), Interim Cruise Ship Sampling Data Summary, 2001. Bluewater Network, Petition to U.S. EPA, 2000, International Council of Cruise Lines, Cruise Industry Waste Management Practices and Procedures, 2001. International Council of Cruise Lines, Cruise Industry Waste Management Practices and Procedures, May 14, 2001. U.S. EPA, Cruise Ship White Paper, 2000, Code of Federal Regulations, Title 33, Volume 2, Parts 120 to 199, revised July 1, 2000, Sec. 183.11. Definitions pp. 751-72. Information in this table was verified with the Bay Area Air Quality Management District Engineering Department, the ADEC and with two environmental services firms that off-load cruise ship waste. 24Pride of Aloha Engineering Officer, during Task Force visit on board November 5, 2004. Mayor’s Cruise Ship Task Force Findings Environmental Under the current MOU, violations are identified by reports from the cruise ship that committed the violation or by third parties reporting the violation. There is no legal mechanism by which DOH can identify violations on foreign-flag ships. Cruise ships are not required to report MOU violations immediately after they occur. Foreign-flag ships only stay in State waters a few days at most, therefore, even if a foreign ship does report a possible violation immediately, the DOH has difficulty investigating in coordination with the US Coast Guard (as required by law) before such ships leave Hawai`i. The Federal Clean Water Act (CWA) prohibits discharge of pollutants from point sources into US waters unless a permit is obtained from the EPA under the National Pollutant Discharge Elimination System (Appendix K). Ships are not considered point sources pollution (because they are mobile), therefore they are exempt from the permitting requirements of the CWA. No agency in the State of Hawai`i regularly collects baseline measurements of water quality in State coastal waters. DOH is responsible for water quality but is not required to test or monitor harbors or ocean waters beyond knee-high depth. DOH has no enforcement authority with regard to violations that may occur in State marine waters. The most extensive studies conducted to date on passenger vessel waste streams and their impact on the environment have been done by the State of Alaska Department of Environmental Conservation (ADEC). For the purposes of these studies, commercial passenger vessels were divided into two groups: small ships, which carry 50 to 249 passengers and large ships, which carry 250 or more passengers. Over the course of the studies conducted by the ADEC (2000 to present) a great deal has been learned about passenger vessel waste streams,25 and with oversight waste management on large cruise ships has improved. Cruise ships are not required to report MOU violations immediately after they occur. Ships are not considered point sources of pollution, therefore they are exempt from the permitting requirements of the CWA. Treated sewage effluent from small ships, however, does not meet the standards set in Alaska… 25 http://www.dec.state.ak.us/water/cruise_ships/reports.htm Mayor’s Cruise Ship Task Force Findings Environmental Treated sewage effluent from small ships, however, does not meet the standards set in Alaska and advanced wastewater There are two sources of air emissions on cruise ships: 1) incinerator ash from incineration of sludge and other solid waste, 2) emissions from operating diesel engines, electricity power generators, and desalination plants used to create drinking water. Ships typically burn fuel with …1333 times more sulfur than the fuel burned in passenger vehicles. treatment systems (AWTS) are not yet commercially available for smaller vessels. It should be noted that the concerns about waste management practices on small cruise ships apply to any small recreational or commercial vessels with toilet facilities including ferries, diving, fishing and sailing charters, etc. In their end of season report for 2004 on passenger vessels, ADEC has stated that there are two areas of concern in Alaska arising from their studies of passenger vessels waste: the low quality of treated effluent from small commercial passenger vessels and air emissions from large passenger vessels. Air Emissions There are two sources of air emissions on cruise ships: 1) incinerator ash from incineration of sludge and other solid waste, 2) emissions from operating diesel engines, electricity power generators, and desalination plants used to create drinking water. Emissions ships produce while idle in port can be a substantial part of port emissions.26 There are no US laws or regulations governing air emissions on ocean-going vessels. It has been difficult for Federal, State and local US air quality agencies to estimate or regulate air emissions from marine vessels because these agencies do not have jurisdiction over these vessels at sea and there is no requirement for ships to report emissions while they are in port (Appendix M). Marine vessels emit large amounts of nitrogen oxide (NOx), sulfur oxide and particulate matter. In 2001, marine vessels accounted for 8 percent of the mobile source NOx emissions and 9 percent of the mobile source fine particulate emissions nationwide.26 The primary reason marine engines generate high levels of emissions nationally is that the fuels used in marine engines have a much higher sulfur content than the fuels used by land-based vehicles. 26 National Emission Inventory, U.S. EPA. http://www.aapaports.org/programs/hne/Library/WhitePaper_3_5404.pdf Mayor’s Cruise Ship Task Force Findings Environmental All passenger vehicles are required by Federal law to burn fuel with a sulfur content of 0.0015%. The Hawai`i MOU requires cruise ships to burn fuel of no more than 2.8% sulfur content. Ships typically burn fuel with approximately 2.0% sulfur content (1333 times more sulfur than the fuel burned in passenger vehicles). The DOH Environmental Management Administration Clean Air Branch (CAB) monitors stationary sources of emissions for compliance with air quality rules. CAB also evaluates reported violations, sets penalties, etc. There are 18 air quality monitoring stations in the State of Hawai`i: 10 on O`ahu, 6 on the island of Hawai`i and 1 each on Maui and Kaua`i. The Maui station is located in Ma`alaea near the MECO power plant. According to the MOU, cruise ships equip themselves with opacity monitors and continuously monitor air emissions while in Hawai`i waters. They also agree to limit visible emissions such that they do not exceed 20% opacity for more than 6 minutes in any 60 minute period except when maneuvering to or from dock or anchor, when a safety concern is a priority, or in the event of equipment failure. Residents have commented that the air emissions in Lahaina Harbor are noticeable and unpleasant. This is a combined result of emissions from ocean-going vessels, including tender boats, and buses, taxis and cars. Sewage or Blackwater Sewage or blackwater refers to toilet waste, and cruise ships generate up to 30,000 gallons or more sewage daily depending on the size of the ship and the efficiency of the toilet facilities on board. The MOU prohibits discharge of untreated sewage within 4 miles of the 100 fathom mark (the HMA). Treatment of sewage or blackwater results in fluid or effluent that may be discharged and sewage sludge which may be dried, then either offloaded or incinerated. Some vessels may offload liquid sludge, or they may discharge it beyond 12 nautical miles at sea. There are 18 air quality monitoring stations in the State of Hawai`i: 10 O`ahu, 6 on the island of Hawai`i and 1 each on Maui and Kaua`i. By Federal law, oceangoing vessels with toilet facilities may discharge untreated sewage or sewage sludge when more than 12 nautical miles from land, coral reefs or designated sensitive areas. Mayor’s Cruise Ship Task Force Findings Environmental The most commonly used sewage treatment systems on board the cruise ships traveling to Maui are USCG-certified AWTS systems. When properly used, AWTS can reduce harmful bacteria in sewage effluent. … [AWTS] also produce nutrient-rich effluent, which is known to cause algal blooms. NCLA dries sewage sludge on board. It is then either incinerated or offloaded. By Federal law, ocean-going vessels with toilet facilities may discharge untreated sewage or sewage sludge when more than 12 nautical miles from land, coral reefs or designated sensitive areas. All ocean-going vessels with installed toilet facilities are required by Federal law to install USCG-certified Marine Sanitation Devices (MSD, Appendix Q) to treat the sewage produced on board. MSDs are designed to produce effluent that meets the Federal and international standards (Appendix K). The most commonly used sewage treatment systems on board the cruise ships traveling to Maui are USCG-certified AWTS systems, (Appendix C). Federal law has set standards for areas of Alaska that are higher than those for type II MSDs. The Hawai`i MOU states that if a ship’s sewage effluent meets the Alaska Standards (Appendix M), that effluent may be released within the HMA one mile or further from the 100 fathom mark while traveling at a speed of six knots or greater. All NCLA ships and almost most all of the other cruise ships visiting Maui have AWTS systems (Appendix C) that are designed to meet the Alaska Standards. However, not all ships with USCG-certified AWTS meet the effluent standards for which they are certified (Appendix M). Levels of fecal coliform that surpass Alaska water quality standards were found in the sewage waste streams from ships monitored by that state in 2004.27 Many of these ships also travel in the State of Hawai`i. Continuous monitoring in Alaska has been effective in improving the number of ships that actually meet the Alaska standards.28 27 Alaska Department of Environmental Conservation, 2004 Large Ships Unannounced Sampling Results, pages 11-15 http://www.dec.state.ak.us/water/cruise_ships/2004report.htm 28 Alaska Department of Environmental Conservation, Assessment of Cruise Ship and Ferry Wastewater Impacts in Alaska http://www.dec.state.ak.us/water/cruise_ships/assessreport04.htm Mayor’s Cruise Ship Task Force Findings Environmental When properly used, AWTS can reduce harmful bacteria in sewage effluent. However they do not remove all chemicals (Appendix M) and also produce nutrient-rich effluent, which is known to cause algal blooms.29 In unannounced sampling inspections of AWTS systems on cruise ships in Alaska in 2004, 17 of 42 had levels of ammonia (nutrients) that did not meet the Alaska water quality standards and 25 of 42 had levels of ammonia, nitrates or other nitrogen-containing (nutrient-rich) compounds that surpassed the water quality standards for ammonia.28 Graywater Graywater includes wastewater from sinks, showers, galleys, laundries, and water from pools and Jacuzzis which is generally more heavily chlorinated. It has been shown to contain materials such as detergents, cleansers, oil and grease, metals, foods, pesticides, medical and dental waste. Current Federal regulations permit discharge of untreated graywater in any waters within the US except the Great Lakes. Other than Federal regulation banning it in the Great Lakes, graywater discharge is only regulated in the marine waters of Alaska and California. California has banned graywater discharge altogether. Alaska permits graywater discharge that meets the “Alaska Standards” for effluent discharge (Appendix M), and monitors the quality of the discharge from cruise ships regularly. Monitoring of untreated graywater discharge from cruise ships in Alaska has revealed that sometimes it contains high fecal coliform counts, hazardous waste or other unexpected materials. Since Alaska began monitoring cruise ships through its Commercial Passenger Environmental Compliance Program (2001) cruise ship compliance with graywater discharge standards have improved.30 29 Algae grow on or above coral reefs blocking sunlight to the coral. Therefore, algal blooms often kill coral. 30 Alaska Department of Environmental Conservation, Assessment of Cruise Ship and Ferry Wastewater , Table 10 p. 29. Impacts in Alaska http://www.dec.state.ak.us/water/cruise_ships/assessreport04.htm [Graywater] has been shown to contain materials such as detergents, cleansers, oil and grease, metals, foods, pesticides, medical and dental waste. Monitoring of untreated graywater discharge from cruise ships in Alaska has revealed that sometimes it contains high fecal coliform counts, hazardous waste or other unexpected materials. Mayor’s Cruise Ship Task Force Findings Environmental The understanding of proper and safe hazardous waste handling procedures requires a fundamental understanding of chemistry, the materials being handled, their potential to do harm, and the regulations governing their proper disposal. The education and expertise of management and staff who oversee hazardous waste operations is crucial to the effectiveness of hazardous waste practices on board vessels. Alaska has established discharge standards for graywater, and any large cruise ships that discharge graywater in state waters must now process it through AWTS, even though this is not a Federal requirement. Many of the ships traveling in Hawai`i, including all NCL ships, also process graywater through AWTS. The EPA is developing graywater and sewage discharge standards which it expects to implement in 2006.31 According to the MOU NWCA member lines have agreed that graywater will only be discharged outside the HMA and only at a speed of six knots or greater except in emergencies, when safety concerns are involved or where ships may be geographically limited. The Environmental Officer on board the NCLA ship, Pride of Aloha, collects graywater and food waste samples which are tested by a US Coast Guard approved laboratory bimonthly. Food waste is not discharged in the Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS). It is discharged 12 or more miles from the coastline. Hazardous Waste Hazardous waste includes items such as batteries, fluorescent lamp bulbs, paint, photographic waste etc. (Chart 17 and Appendix P). This waste stream comprises a large number of different materials and types of materials. Each has its own potential impacts on human or animal health, and/or the environment. Each class of material must also be handled according to its unique characteristics. The understanding of proper and safe hazardous waste handling procedures requires a fundamental understanding of chemistry, the materials being handled, their potential to do harm, and the regulations governing their proper disposal. Therefore, the education and expertise of management and staff who oversee hazardous waste operations is crucial to the effectiveness of hazardous waste practices on board vessels. 31http://www.epa.gov/owow/oceans/cruise_ships/sewage_gray.html Mayor’s Cruise Ship Task Force Findings Environmental The international guidelines for recording, reporting and managing hazardous wastes do not apply to large passenger vessels, therefore it has been difficult to determine the volumes of toxic and hazardous wastes generated and disposed of on these ships (Appendix M). State and Federal laws and regulations do not govern hazardous waste management on ocean-going vessels. However the Federal Resource Conservation and Recovery Act (RCRA) and related laws in the State of Hawai`i govern any entity whose activities create the need for disposal of waste that is defined as hazardous. The only legal methods by which cruise ships may dispose of hazardous waste are to hold it on board and dispose of it in their home ports or dispose of it in other US ports through environmental management contractors that have been certified by the state in which the waste is offloaded (Appendix M). RCRA regulations require that stationary generators of hazardous waste keep records and that state and Federal hazardous waste regulatory agencies track the amount of waste produced and disposed of by these sources. It is relatively easy for regulatory agencies to ensure that stationary generators of hazardous waste report all the waste they generate and dispose of. Cruise ships are mobile generators of hazardous waste. They can offload waste in many locations as long as those ports that have the facilities and the companies to manage the waste. This makes it difficult for regulatory agencies to verify that ships are offloading and reporting all the hazardous waste they generate on board. There is no single national reporting or tracking system for offloading of hazardous waste by ships of any kind. The only way to track whether a given ship is offloading and reporting all its hazardous waste is to obtain a report from each private company in each port where that ship has offloaded waste over a given time period. To address this situation, Alaska law requires all cruise ships that visit Alaska to send its Department of Environmental Conservation duplicates of every hazardous waste offloading report each time a ship offloads hazardous waste in Canada or the US. This permits Alaska officials to track the hazardous There is no single national reporting or tracking system for offloading of hazardous waste by ships of any kind. According to the MOU, cruise ships traveling in Hawai`i voluntarily comply with RCRA. Mayor’s Cruise Ship Task Force Findings Environmental In some cases, Hawai`i law is stricter than Federal regulations for hazardous waste disposal. According to State law the more stringent regulation – Federal or State – supercedes the other. The cost of shipping hazardous waste to the mainland is high, so most cruise ships try to avoid offloading hazardous waste in Hawai`i. waste management practices on the ships that travel in Alaska waters. According to the MOU, cruise ships traveling in Hawai`i voluntarily comply with RCRA. In the MOU, the NWCA cruise lines agreed to provide annual reports to the State regarding hazardous wastes from each cruise ship that are offloaded in Hawai`i. In some cases, Hawai`i law is stricter than Federal regulations for hazardous waste disposal. According to State law the more stringent regulation – Federal or State – supercedes the other. The cost of shipping hazardous waste to the mainland is high, so most cruise ships try to avoid offloading hazardous waste in Hawai`i. The major item that is offloaded as hazardous waste in Hawai`i is oily sludge (Oily Bilge Water and Sludge, below). State penalties for violations that occur in State waters are as high as $25,000 per day per violation. Violations outside State waters fall under USCG jurisdiction. Solid Waste Excluding hazardous waste, solid waste on cruise ships include cardboard, glass, metal cans, paper, food wastes, etc. Each day the average cruise passenger generates one to two pounds of dried trash and disposes of two bottles and two cans. This excludes waste generated by crew members, and amounts to approximately 4400 bottles and 4400 cans on the largest ships currently visiting Hawai`i. Nonhazardous solid materials produced by ships can be categorized as either solid waste or recyclable material. Recyclable materials include HI 5 beverage containers, glass, plastic, tin, pallets, cardboard, aluminum and used cooking oil. Solid waste that is not recycled is incinerated on board and the ash may be either offloaded or disposed of at sea. The average ship carrying 3,000 passengers and crew generates two pounds of food waste per person per day or Mayor’s Cruise Ship Task Force approximately 6,000 pounds of food waste per day. All ships macerate food waste and discharge it into the ocean.32 The Hawai`i MOU refers to the ICCL guidelines outlining industry standards for handling waste materials generated on cruise ships. The items specifically addressed include: Nonhazardous wastes: aluminum cans, bimetal materials, bilge and oily water residues, blackwater, cardboard, glass, graywater, incinerator ash, plastic, steel cans. Hazardous waste: batteries, dry cleaning waste, fluorescent lamp bulbs, mercury vapor lamp bulbs, photocopying chemicals, photo processing chemicals, print cartridges, used and outdated pharmaceuticals. NCLA recycles approximately 60% of the solid, nonhazardous waste generated on board the Pride of Aloha. Most of the remaining materials are incinerated. Recycled materials include all plastic, glass, metals, cardboard, some oil sludge, and wood pallets. Cooking oil is offloaded to Pacific Biodiesel, a Maui- based business, for remanufacture into biodiesel.33 They are also in the process of securing a cardboard baler large enough to recycle all cardboard instead of incinerating some of it, which is the current practice. Hawai`i House Bill 1015 encourages recycling programs on ships by exempting ships that have recycling programs from the State beverage container deposit program. Governor Lingle signed this bill into law on July 7, 2005 (Act 217). Large cruise ships that make transoceanic voyages crush and recycle glass, aluminum and tin. They have the capacity to store these materials for about three weeks before they must be offloaded. The biggest challenge they face is finding reliable recyclers in ports of call that will pick up and properly process the materials. Foreign-flag ships that offload materials for recycling do so primarily in Hilo. Maui recycling companies could accommodate cruise ships, but the ships can only offload materials while 32 Some restaurants and hotels on Maui subscribe to Pua`a Food Waste Service which collects food waste and uses it for animal feed. NCL may be able to take advantage of this service. 33 This was a result of conversations between members of this Task Force and the Pride of Aloha Environmental Officer. Findings Environmental Each day the average cruise passenger generates one to two pounds of dried trash and disposes of two bottles and two cans. The average ship carrying 3,000 passengers and crew generates … approximately 6,000 pounds of food waste per day. NCLA recycles approximately 60% of the solid, nonhazardous waste generated on board the Pride of Aloha. Mayor’s Cruise Ship Task Force Findings Environmental Since ships that call in Lahaina anchor at least 1000 yards away from the harbor entrance, only those that call in Kahului Harbor can offload materials for recycling. Wastewater from engines and other machinery on a ship collects in the bilge, an area located at the bottom of a vessel’s hull. docked at a pier. Since ships that call in Lahaina anchor at least 1000 yards away from the harbor entrance, only those that call in Kahului Harbor can offload materials for recycling. Most foreign-flag cruise ships that arrive in Maui do not make regular port calls in Kahului. The Environmental Officer on board the NCLA ship, Pride of Aloha, collects graywater and food waste samples which are tested by a US Coast Guard approved laboratory bimonthly. Food waste is not discharged in the Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS), it is are only discharged 12 miles from the coastline. Oily Bilge Water and Sludge Wastewater from engines and other machinery on a ship collects in the bilge, an area located at the bottom of a vessel’s hull. In accordance with international maritime standards, Federal law and the Hawai`i MOU oily bilge water from cruise ships traveling in Hawai`i is treated in marine flow systems, which filter bilge water and continually recycle it until the resulting effluent meets international and Federal standards for discharge at sea (Appendix M). This process results in fluid that is either recycled through the process repeatedly, or if it meets Federal and international standards is discharged as effluent. It also results in oily sludge, which must be incinerated or offloaded. International standards prohibit the discharge of oily sludge in marine waters world wide. The incinerator ash from burning oily sludge may be offloaded or discharged at sea. The NCLA vessel, Pride of Aloha, does not currently have capacity to incinerate all of the oily sludge it generates. Therefore, it incinerates what it can (approximately half of what is generated) and offloads the remainder. All ash from incinerated oily sludge is offloaded on O`ahu. Although it is permissible by Federal law, the ash from incinerated oily sludge on the Pride of Aloha is not discharged at sea. Mayor’s Cruise Ship Task Force Findings Environmental Incinerated Waste The ash from nonhazardous incinerated waste (cardboard, galley waste, medical waste, incinerated sewage sludge, incinerated oily sludge) may be disposed of overboard beyond 12 nautical miles from shore. The NCLA ship Pride of Aloha has two incinerators: one is dedicated to incineration of oily sludge and the second is used for cardboard and galley wastes. Both types of ash are offloaded on O`ahu and not discharged at sea. All cardboard waste on board the Pride of Aloha will soon be baled and recycled, and no longer incinerated. This will permit incineration of the oily sludge that is currently offloaded in O`ahu. Ballast Water Exchange Ballast water is seawater pumped into the bottom of ships to ensure ship stability. It is taken on as fuel is consumed and discharged as needed in coastal waters or ports before taking on fuel, cargo or passengers. Cruise ships may carry tens of thousands of gallons of ballast water. Ballast water discharge has the potential of introducing alien aquatic species into Hawai`i waters (Appendices K and M). The Hawai`i MOU does not cover ballast water uptake or discharge practices. NCLA vessels do not leave Hawai`i waters, and are therefore unlikely to bring new alien species into State waters, however they may contribute to the spread of invasive or alien species between islands. Foreign-flag ships conduct deep water ballast exchanges outside the Exclusive Economic Zone (EEZ) of the US 200 nautical miles off shore) in water that is at least 200 meters or 650 feet deep enroute to and from Hawai`i (Appendix M). Foreign-flag ships state that they may take up ballast water in Hawai`i, but they do not normally discharge ballast in Hawai`i ports or in the HMA because they do not refuel in Hawai`i. The Hawai`i MOU does not cover ballast water uptake or discharge practices. Mayor’s Cruise Ship Task Force Findings Environmental NCLA ships only sail in Hawai`i waters. Prior to entering State waters for the first time, these ships conduct deep water ballast exchange as described above. Once they enter Hawai`i waters these ships are permitted to conduct ballast operations within the Honolulu “Captain of the Port Zone” (any where in State waters and the adjoining EEZ). The Honolulu Captain of the Port Zone is comprised of: • The State of Hawai`i, including all the islands and atolls of the Hawaiian Chain and the adjacent waters of the EEZ. • American Samoa and the adjacent waters of the EEZ. • Johnston Atoll and the adjacent waters of the EEZ. • Palmyra Atoll and Kingman Reef and the adjacent waters of the EEZ. • Wake Island and the adjacent waters of the EEZ. • Jarvis Island and the adjacent waters of the EEZ. • Howland and Baker Islands and the adjacent waters of the EEZ. • Midway Island and the adjacent waters of the EEZ. The National Invasive Species Act of 1996 set voluntary ballast management guidelines and mandatory reporting requirements for foreign-flag ships entering US waters. According to a 2002 US Coast Guard study, 30% of the foreign-flag ships entering In 2003 29 of US ports each year reported their ballast water management the practices (Appendix K). Only 15% of these complied with the approximately voluntary guidelines. 60 cruise ships that In July 2004, the guidelines were made mandatory for all ships arrived in entering US waters (foreign- and US-flag ships) and penalties Kahului were established for ships entering US waters that fail to submit Harbor a ballast water management reporting form. reported ballast water The National Ballast Information Clearinghouse (NBIC) collects exchanges to the reports and publishes information by port about the ships the US Coast that have reported their ballast water exchange practices. This Guard (as information is available on the internet.34 required by law). In 2003, the last year for which the information is publicly available, 29 of the approximately 60 cruise ships that arrived in Kahului Harbor reported ballast water exchanges to the US Coast Guard (as required by law). In the same year 4 of the 34 http://invasions.si.edu/cgi/search-nbic Mayor’s Cruise Ship Task Force Findings Environmental approximately 68 cruise ships that arrived in Lahaina Harbor reported their ballast water exchanges prior to that entry into US waters. Marine Life There are no regulations for cruise ships regarding whale or marine mammal safety. The two major concerns for whales and marine mammals with regard to cruise ships are discharge of untreated or minimally treated wastewater, and collisions. The large number of whales in the Hawaiian Islands Humpback Whale National Marine Sanctuary (HIHWNMS) increases the possibility of collisions between whales and ships. Humpback whales do not use sonar or echolocation so they cannot easily determine ship locations, as cetaceans that use echolocation can. Some cruise ships use whale spotters, but most cruise ships travel through the HIHWNMS occurs in darkness, so whales are almost impossible to spot. The Federal Endangered Species Act, the administrative code implementing that act, and the HIHWNMS Act require that all ships within the waters of the 200 mile EEZ surrounding the US maintain a minimum distance of 100 yards from Humpback Whales. Penalties for violating this approach rule within the EEZ range from $1,000 to $10,000 and are decided by a judge. The fine schedule increases for violations within marine sanctuaries. The HIHWNMS agency partners at the National Oceanic and Atmospheric Administration (NOAA) Office of Law Enforcement and the USCG are responsible for enforcement of regulations. Wildlife biologists generally agree that chronic exposure to noise can injure an animal’s energy budget, reproductive success and long-term survival. Studies of the impact of vessel traffic on Hawaiian Humpback whales have found that they exhibit behavioral changes that repeated over an extended period of time are consistent with the impacts seen in other animals that have experienced chronic overexposure to noise (i.e. damage to their energy budget, reproductive success and long-term survival). There are no regulations for cruise ships regarding whale or marine mammal safety. Mayor’s Cruise Ship Task Force Findings Environmental No vessels traveling in state waters, commercial or private, are subject to state inspection or regulation with regard to alien or invasive species. NWCA member lines have agreed to comply with applicable provisions of the Marine Mammal Protection Act.35 No vessels traveling in State waters, commercial or private, are subject to State inspection or regulation with regard to alien or invasive species. However, the USCG, does conduct such inspections (Maritime Transportation Security Act, pp. 70-71). Comments on Water Quality This Task Force did not explore ocean water quality in detail. The Task Force did, however, receive a few comments on the subject. Residents have experienced skin reactions to pollutants in the water such as petroleum products that leak out of engine compartments in all ocean-going vessels. Several residents have reported that raw sewage has washed over them while in the water soon after a cruise ship passed them. The US Coast Guard (USCG) reported that it had investigated similar reports and found the raw sewage was not human waste, but was from turtles. The USCG has received multiple complaints from commercial dive boat operators regarding repeated large spills of untreated sewage located in the Molokini crater. The USCG believes it is unlikely that these are coming from large dive boats and is investigating possible sources of this waste material. 35 http://laws.fws.gov/lawsdigest/marmam.html SECURITY AND SAFETY Increased Security Infrastructure is limited in both Kahului and Lahaina, which presents security and safety challenges when no cruise ship is in either harbor. The presence of a cruise ship and its passengers in either harbor increases those challenges and their impacts. After 9/11 Federal law mandated significant increases in harbor security around the nation. Each harbor receiving ships carrying cargo or more than 149 passengers for hire had to draw up and implement a facilities security plan (FSP) that met with United States Coast Guard (USCG) approval. Kahului Harbor receives cargo ships therefore it had to implement an FSP, regardless of whether cruise ships arrived there. Because cruise ships (i.e. vessels carrying more than 150 or more passengers for hire) anchor outside Lahaina Harbor, the harbor also had to meet Federal FSP requirements. As of October 2004, a USCG approved FSP was implemented in Lahaina Harbor. Federal security regulations imposed after 9/11 also enlarged the high security zones necessary when cruise ships are in or anchored off a harbor. The establishment of security zones and their size impact access to harbor areas used for recreational and commercial purposes in both Lahaina and Kahului Harbors. In Kahului the groups affected include canoe clubs, fishermen and commercial harbor users. Further enlargement of the security area in Kahului Harbor is very likely to prevent canoe paddlers from using the harbor altogether. Kahului Harbor receives cargo ships therefore it had to implement an FSP, regardless of whether cruise ships arrived there. As of October 2004, a USCG approved FSP was implemented in Lahaina Harbor. Mayor’s Cruise Ship Task Force Findings Security and Safety The enlarged security zones also impact parking and traffic for recreational and commercial users of both harbors. Although the IPSP is primarily intended to apply to all ships entering US waters from elsewhere, the MTSA and IPSP are being broadly applied to domestic vessels and facilities as well. In Lahaina groups affected by the establishment of security zones include surfers, recreational boaters, commercial boaters, fishermen and ferry passengers. The enlarged security zones also impact parking and traffic for recreational and commercial users of both harbors. The secured area in Lahaina Harbor that is closed off to the public is enlarged when cruise ships are anchored outside the harbor. This limits harbor access and parking for residents. Passenger access to the interisland ferry dock is also impeded when cruise ships are in Lahaina. Ferry passengers carrying baggage or cargo have no means of securing their belongings when they walk to pick up their vehicles, which may be as far as several blocks away. There are also no provisions for child safety in the ferry loading and unloading area. When a cruise ship is anchored outside Lahaina Harbor commercial or recreational boaters that need to fuel in the harbor must pass through security screening in order to pay for the fuel. To get a receipt for the fuel, they must pass through security screening a second time (Lahaina Infrastructure, pp. 14-15). The company that runs the operation, Pacific West Fuels, has experienced a reduction in sales since the security zones were implemented. The harbor receives a fraction of fuel sales and therefore, has also lost some income in this manner. Fuel trucks that deliver gas or diesel to Lahaina Harbor for use by recreational vessels must now be delivered when a cruise ship is not anchored outside the harbor for both safety and security reasons. Cruise ships represent a new terrorism target in our community. Maritime Transportation Security Act Following 9/11 Congress passed the Maritime Transportation Security Act (MTSA), which established programs for ensuring 76 Mayor’s Cruise Ship Task Force Findings Security and Safety the safety of ports throughout the United States and abroad, the International Port Security Program (IPSP). Although the IPSP is primarily intended to apply to all ships entering US waters from elsewhere, the MTSA and IPSP are being broadly applied to domestic vessels and facilities as well.36 In addition to providing port security, IPSP protocols include counter terrorism measures and are designed to protect against drug trafficking, smuggling contraband, cargo theft, the spread of alien species and biologically dangerous materials. They also promote safety and address a variety of other related issues. The details for implementing these programs are not publicly available. The MTSA comprises the US laws written to comply with the International Maritime Organization’s (IMO, Appendix K) treaty designed to promote port security world wide, the International Port Facility Security Code, which was adopted and put into force in 2002. All major shipping countries are signatories to this treaty and have either passed or agreed to pass laws that meet the standards of the treaty. The treaty has two parts, one is mandatory for signatories and one is optional. The MTSA made both parts of the IMO treaty mandatory. MTSA regulations and IPSP protocols apply to biological hazard and alien species screening for ships traveling into US waters from outside the 200 nautical mile boundary (Exclusive Economic Zone). It is unclear whether these or other protocols are applied to prevent the spread of alien or invasive species between islands within the State of Hawai`i. Security Personnel The frequency of cruise ship arrival and the length of stay in both harbors affect the amount of security personnel required on duty. 36 http://www.uscg.mil/hq/g-m/mp/mtsa.html It is unclear whether… protocols are applied to prevent the spread of alien or invasive species between islands within the State of Hawai`i. Mayor’s Cruise Ship Task Force Findings Security and Safety The demands for post-9/11 security in Lahaina have left DOCARE overburdened. When a cruise ship is anchored outside Lahaina Harbor, additional DOBOR staff is required for vessel traffic control. In Kahului Harbor a single DOT employee or a Maui County deputy sheriff must be on duty as the port security officer when a cruise ship is in dock. Prior to 9/11 (in approximately 2000) fuel companies began to hire additional security personnel on days when fuel barges dock at Pier 1 in Kahului Harbor. This became necessary because large numbers of cruise passengers were/are present in an area where fuel was being unloaded. Prior to 9/11 security enforcement was not required in Lahaina Harbor. After 9/11 a number of new security procedures were required there. DLNR decided that its Division of Conservation and Resource Enforcement (DOCARE) should take responsibility for establishing and implementing the Federally- mandated security plan for Lahaina Harbor. Maui DOCARE was understaffed prior to implementation of the new security regulations. The demands for post-9/11 security in Lahaina have left DOCARE overburdened. DOCARE security expenditures are not reimbursed by the Federal government or the cruise lines. When a cruise ship is anchored outside Lahaina Harbor, additional DOBOR staff is required for vessel traffic control. Cruise ships cover these costs by paying DLNR/DOBOR for staff overtime plus 56% to cover employee benefits. Cruise lines also hire private security for passenger and parcel screening prior to passenger boarding in Lahaina and in Kahului. Passenger security screening is conducted with archway sensors, bag checks and wands. Wands are considered most effective for personal screening and are being implemented in both harbors. Large machines will continue to be used for screening carry-on items, luggage and cargo. All harbor security personnel have received specific security training as mandated by Federal rules established after 9/11. Apart from harbor personnel, any individuals whose activities take them within secured areas of Kahului Harbor or Lahaina Harbor when a cruise ship is anchored off shore were/are required by the USCG to receive maritime security awareness training. 78 Mayor’s Cruise Ship Task Force Findings Security and Safety Currently, the Harbor Master and Maui District Manager of Kahului Harbor offers this training on an as needed basis when he is available to do so. The training requires no more than one hour. Young Brothers ships goods for many different customers who must enter the harbor. There have been some challenges ensuring that the individuals who enter the harbor to receive goods shipped by Young Brothers receive proper maritime security awareness training. Some trucking firms and other businesses whose employees enter the secured areas of Kahului Harbor have incurred personnel safety training costs. Some have hired additional staff to meet security plan requirements. If a commercial delivery is to be made in Lahaina Harbor to a vessel within the secured zone (for example bringing produce to a cruise ship) the party making the delivery must notify DOCARE 24 hours in advance. All such deliveries are made to ship personnel who have exited the secured area and all materials being delivered under these circumstances are screened outside the security zone. Therefore, the staff of local companies making deliveries to Lahaina Harbor need not be trained for security purposes. Firms that must make commercial deliveries to other boats in Lahaina Harbor or areas of the harbor (e.g. the harbor master’s office) usually choose not to do so when a cruise ship is anchored off shore, in order to avoid the constraints associated with security. Traffic And Pedestrians Vehicular congestion in the area near both harbors is challenging when cruise ships are not in the harbors. The presence of a cruise ship in either harbor increases activity and crowding and in doing so increases the risks to pedestrians and drivers in and around both harbors. Mayor’s Cruise Ship Task Force Findings Security and Safety Parking is a challenge in both harbors, particularly when a cruise ship is in or anchored off of a harbor. The increased traffic and parking congestion that occurs when ships are anchored outside Lahaina Harbor has increased the police manpower required manage it. After cruise ship passengers disembark in Lahaina Harbor there is a large crowd of pedestrians who freely mix with local traffic and impede traffic and create safety concerns. The mix of traffic in Kahului Harbor and on Alaluina Street (which runs through the harbor) includes trucks, taxis, buses and passenger vehicles. The routes of pedestrian access in and out of Kahului Harbor and in nearby areas of Kahului are insufficient. Pedestrians walk through areas where cargo and ground transportation passes. This is a liability for cargo operators and State harbors and is unsafe for passengers. There is also a safety concern for drivers unfamiliar with Kahului Harbor who may be unaware of the truck traffic regularly entering and leaving the area through a side road. The projected increase in cruise ship traffic will exacerbate these situations. The presence of the Superferry and related traffic are also expected to add to safety concerns for drivers and pedestrians in and near Kahului Harbor. Overall, traffic planning and management are issues for Lahaina town. These issues affect the daily life of residents and their circulation through the town. The cruise ships add to the severity of these issues. The State and the County share the planning and management responsibilities in this jurisdiction. Parking Parking is a challenge in both harbors, particularly when a cruise ship is in or anchored off of a harbor. When a cruise ship is in Lahaina, the enlarged security zones reduce available parking. Private security personnel in Lahaina also routinely park in no parking zones.37 The increased traffic and parking congestion that occurs when ships are anchored outside Lahaina Harbor has increased the police manpower required manage it. This represents added responsibilities to police officers including monitoring the harbor 37 Since this finding was made, violators of these rules are being ticketed. 80 Mayor’s Cruise Ship Task Force Findings Security and Safety area on weekends when ships are in port. The estimated cost of this to Maui County is $240 per day per extra-duty officer. Due to added demands for police presence in Lahaina Harbor when cruise ships are in port, the Maui Police Department feels that cruise ships should be limited in Lahaina Harbor to no more than one per day. Comments On Health Care The health care facilities on Maui are limited for residents. Should an emergency or widespread illness occur on a cruise ship, the facilities on Maui available to handle this would be sorely tested and could cause a crisis for health care facilities, staff and residents. Lana`i and Moloka`i residents frequently come to Maui for health care services not available within the limited spectrum of services and providers on their respective islands. Due to the cost of airfare, many use the more affordable ferries to get to Maui for care (Infrastructure Findings, pp. 18-20). The extent to which cruise ships delay or prevent Moloka`i and Lana`i residents from accessing medical services creates hardship for these residents. In addition to handling health care crises, there are questions about the disaster preparedness of the community. This includes major emergencies or disasters in general, as well as emergencies or disasters related to cruise ships. Cruise ships have doctors on board that are capable of handling non- emergency medical situations. Mayor’s Cruise Ship Task Force Findings Security and Safety 82 SOCIAL The visitor industry is currently the largest generator of revenue in Maui’s economic base and an accepted part of our day to day landscape. However, the influx of over 2 million visitors per year impacts the day to day experience of Maui’s residents. Maui residents want to maintain the rural spirit and ambience of Maui, so a delicate balance is required to sustain the quality of our local life styles and the livelihoods that make those life styles possible. Cruise ship arrivals represent 2,000 to 3,000 passengers and crew disembarking in large influxes, then moving on foot or into ground transportation that carry them to destinations throughout Maui. Cruise passengers contribute uniquely to the impacts on Maui residents because of the large surges of people arriving in facilities and/or towns, most of which are not well equipped to handle large influxes. Large numbers of people who are unfamiliar with the local pace of life, local customs and local traditions are also detrimental to the quality of life for residents. Furthermore, sharing sometimes already stretched resources taxes residents. Inadequate or crowded facilities include public and recreational sites and facilities, shopping areas where residents conduct daily business, highways and roads, and restaurants. Large numbers of cruise passengers can overwhelm the rural ambience and character of Maui’s small towns. The ongoing work of the Main Street Association with towns such as Makawao, Ha`iku, Pa`i`a, Wailuku and other towns with historic fabric have expressed a desire to attract cruise passengers, but due to infrastructure limitations currently feel comfortable accommodating groups of 20 to 30 passengers spaced sporadically throughout the day. …a delicate balance is required to sustain the quality of our local life styles and the livelihoods that make those life styles possible. It is unclear how many cruise and other visitors Maui is willing to absorb in exchange for the related impacts to our quality of life. Mayor’s Cruise Ship Task Force Findings Social The experience of residents in Hilo with cruise visits differs significantly from the experience of residents in Lahaina. The residents of Moloka`i and Lana`i who rely on ferry access … have experienced inconvenience and hardship due to difficulties getting in and out of Lahaina Harbor on days when cruise ships visit. … pressures residents experience from added visitors raises the question: How much is too much? Quality of life for island residents decreases when they have to compete daily with large numbers of visitors for amenities and resources – recreational facilities, services, etc. No business capacity study for Maui has been done in relation to the visitor industry. No carrying capacity study has been done to assess the number of visitors Maui can support with its current infrastructure. It is unclear how many cruise and other visitors Maui is willing to absorb in exchange for the related impacts to our quality of life. The benefits and impacts of cruise ships differ from island to island depending on a number of factors such an island’s economic base, its infrastructure and the social perspectives of its residents. The experience of residents in Hilo with cruise visits differs significantly from the experience of residents in Lahaina. The residents of Moloka`i and Lana`i who rely on ferry access for their livelihoods, for obtaining essential services or conducting business and personal matters on Maui have experienced inconvenience and hardship due to difficulties getting in and out of Lahaina Harbor on days when cruise ships visit (Infrastructure Findings, pp. 18-20). Capacity studies of Maui that have been done to date do not include visitor count. A carrying capacity study of South Maui conducted in 2003 found a deficit of policemen (61 short countywide in 2005). It also found the 500 acres of park lands in South Maui to be insufficient. This study did not include visitors. Cruise ships are comparable to hotels in the services they provide to their customers. The hotels participate in and are actively involved in community projects, community fundraising and/or donate regularly to local organizations. NCL America has contributed to statewide charities and at least one community organization on Maui. However, most cruise lines do not appear to be active in community life. The crowding of local residents and the pressures they experience from added visitors raises the question: How much is too much?. One resident summed up the sentiments of many by asking: “Are we putting too much ‘stress’ on the Aloha spirit? 84 PREFACE TO RECOMMENDATIONS Several points emerged from the findings of the Task Force which influenced the group’s recommendations. Maui receives more cruise ship visits than Oahu and appears to be the most popular island among cruise ships that visit Hawai`i. This popularity is reflected in the current number of visits and visitors as well as the projections, i.e. over 700,000 cruise ship visitors an per year by 2007. The cruise ships have added a revenue stream to Hawai`i, particularly with the advent of the NCL America ships which must meet a U.S. citizen employee quota and comply with U.S. and State corporate and labor laws. Selected businesses – restaurants, activity owners, some hotels and transportation companies – have realized increased revenues as a result of the cruise ships. It is unclear whether these balance the impacts of cruise ships to other Maui businesses and residents. It is also unclear how much of the State revenue is spent in Maui, how much is available to be used by Maui authorities or agencies or how the funds are applied on Maui to areas relating to cruise ships. Not surprisingly, funding – both its generation and appropriation – was raised in multiple areas that are seen to need improvement if we are to accommodate the number of cruise ships visiting Maui. The need for adequate infrastructure was among the most prominent of the discussions regarding both harbors. Passenger and cargo operations operate in a delicate, tenuous coexistence at Kahului Harbor straining the facility and the ability of Harbor workers and users to ensure smooth, cost effective, and safe operations. Congestion in Lahaina Harbor and Lahaina town increases significantly with cruise ship arrivals, taxing their limited capacity. Security requirements implemented at both Lahaina and Kahului Harbors after 9/11 further complicate operations and circulation. Proactively managing the demands of harbor operations ties directly to planning and adequate funding. Mayor’s Cruise Ship Task Force Recommendations Preface Related to the current and projected presence of cruise ship visitors, numerous comments emerged about the cruise ship sector and its implications relative to the quality of life for Maui County residents and the character of our island in general. Although Hawaiian cultural programming is reflected in the visitor experience on board NCLA ships, there appears to be much more that can be done to convey the richness of the host culture and the multi-cultural richness of our island community within the operations of the cruise ships. Protection of our environment is also a declared community core value. Cruise ships need and use multi-pronged systems to meet environmental requirements or best practices. In some cases these systems and practices are state of the art. Additionally, there is an Memorandum of Understanding (MOU) in place between the State of Hawai`i and the NWCA governing cruise ship environmental practices. The cruise ships state that they voluntarily comply with those requirements, but it is unclear that the MOU provides adequate protection of our environment. A number of areas clearly warrant more information or study to gain a clearer, more precise understanding of the benefits and impacts of the cruise ships. More importantly, in some cases clearer or better-informed decision-making is necessary. In other cases, more in depth studies followed by ongoing collection of data or reports would enable better planning. The limited participation of cruise ship lines in the life of our community (beyond their involvement as businesses) heightens the perceived differences between the business priorities of the cruise lines and the overall well-being of the community. While cruise ships are recognized as a continuing component of the visitor landscape in Maui, the questions of whether the benefits in fact outweigh the impacts and whether limits are needed or desired are core questions in the community dialogue. GENERAL RECOMMENDATIONS ¦Conduct further in-depth studies that build on the report of the Cruise Ship Task Force to determine: - The impact of cruise lines on Maui businesses. - The impact of cruise lines on local lifestyles. - The infrastructure carrying capacity to accommodate cruise ships and visitors. ¦Conduct detailed cost/benefit analysis of cruise ships on Maui that incorporate impacts on the Aloha Spirit. - Weigh economic benefit with other core values (cultural, environmental, social, infrastructural, social, security, etc.). ¦ Form an ongoing cruise ship authority that: - Tracks cruise ship activities, benefits and impacts on Maui. - Ensures the flow of accurate information regarding cruise ships and their benefits and impacts. - Serves as an interface between the community governmental and regulatory agencies, and the cruise industry representatives in Hawai`i. - Holds quarterly “talk story” with harbor users and workers to assess harbor infrastructure and operations. - Ensures that the needs of the community as well as those of the cruise visitors are monitored and addressed. - Provides cruise ships with community resource information through groups such as Tri-Isle Main Street Resource Center, Lahaina Town Action Committee and Maui Tomorrow. - Makes recommendations that maximize the benefits and minimize impacts. -Monitors the results of changes in practices and policies. The ongoing cruise ship authority should include but not be limited to individuals who work in each of the harbors, community members whose regular activities bring them in contact with the cruise ships and/or the harbors, environmental and other non-profit organizations and at least one County legislative representative. Mayor’s Cruise Ship Task Force Recommendations General ¦ State officials should consult with County officials on all policies in determining any and all policies and agreements related to cruise ship activities. ¦Limit the number of cruise ships arriving in each harbor on a daily and weekly basis. Most of the Task Force felt that there should be - No more than one cruise ship per day in Lahaina Harbor. - No more than one to two cruise ships per day in Kahului Harbor depending on the size of the ship and the passenger and crew capacity, i.e. no more than one large or two small ships. There were strong feelings but not consensus for no more than four cruise ship days per seven-day week in Kahului Harbor. In Lahaina Harbor the Task Force generally felt that there should be no more than three cruise ship days per week with some sentiment that two cruise ship days per week would be more manageable. One member of the Task Force did not feel there was enough information to recommend a specific number of cruise ships per day or per week in either Lahaina or Kahului Harbor. It is one member’s recommendation that no cruise ships be allowed into Maui County harbors due to the projected impacts of a large influx of tourists on the quality of life in Maui County and the questionable economic return to the majority of our residents. ¦The County and State should work together to establish a fund to address the impacts of cruise ships on Maui. - Generate revenue for this fund through mechanisms such as 1) a per- passenger per day fee or 2) a cruise ship tax equivalent to the transient accommodation tax currently assessed on hotels. - Authority for spending monies from this fund should lie with the County of Maui. - Use of this fund should be restricted to impacts from cruise ships and largely spent on impacts that occur within the areas immediately adjacent to the harbors and potential cruise ship visitor destinations, including small towns. Mayor’s Cruise Ship Task Force Recommendations General ¦Urge cruise ships to work with community groups such as Tri-Isle Main Street Resource Center, Lahaina Town Action Committee, environmental groups and others for information on the community of Maui. ¦Update the State of Hawai`i Tourism Study to include the impact of cruise ships on the social-cultural environment of each island. ¦The State and statewide organizations should recognize that both the benefits and the impacts of the cruise ships vary from island to island. CULTURE ¦Improve the coordination and authenticity of the presentation of the natural and multi-cultural heritage of Hawai`i. ¦ Present the full multi-cultural history of Hawai`i with accurate representations of present day Hawai`i and how the culture evolved from pre-contact Hawai`i to the present. ¦ Accurately represent the natural history of the islands, its intrinsic linkage to traditional culture and environmental values and its influence on modern culture. ¦Accurately represent the histories of the Chinese, Filipino, Japanese, Korean and Portuguese immigrants who worked on plantations and/or established independent small businesses, farms, ranches and made contributions as skilled craftsmen. - Emphasize the blend of cultures in Hawai`i and traditions and icons which have continued to present day, e.g. the ukulele, which came to the islands through the Portuguese culture. ¦ Acknowledge the importance of immigrant contributions to the overall evolution of our island as a melting-pot and the relevance of this to the present-day culture of Hawai`i. - In historical presentations acknowledge the essential contributions of the political and community leaders from other cultures who have guided Hawai`i as a state. ¦ Enhance cultural assets such as Kepaniwai Heritage Gardens that educate visitors about the multicultural history and values of Maui including our respect for the land, relationship of our people and the land. Mayor’s Cruise Ship Task Force Recommendations Culture ¦ Incorporate Hawaiian and multicultural values into the business and operational practices of cruise ships. This applies especially to NCLA because it is home-ported in Hawai`i. - Educate management, staff and crew about Hawai`i, its history and culture and particularly the history and culture of Maui Nui. ¦Work with individual communities on Maui to jointly determine their capacities to receive cruise ship visitors. ¦ Increase access of passengers and crew to cultural offerings onshore. -Increase publicity on board of free and paid cultural offerings onshore. INFRASTRUCTURE ¦Give priority to cargo shipping (including raw materials) over cruise ships in scheduling and berthing space in Kahului Harbor. - Authorize the Kahului Harbor Master to alter cruise ship arrival and departure schedules and to require cruise ships to dock in alternate berths if necessary. ¦Immediately update, adopt and implement the Kahului Harbor 2025 Harbor Master Plan. - Include environmental review in the process. - All Kahului Harbor users should have the opportunity to participate, including but not limited to canoe clubs, fishermen, harbor workers and other stakeholders in planning and decision making. ¦Improvements to and future plans for Kahului Harbor should not displace the existing canoe clubs or their activities from the harbor. ¦ Modify Pier 3 at Kahului Harbor to accommodate large capacity vessels including but not limited to cruise ships, fuel barges and raw material shippers carrying maximum capacity loads. ¦Develop and implement a plan and procedures to separate passenger and cargo operations at Kahului Harbor. ¦Construct separate and adequate restroom facilities at Kahului Harbor for cruise ship passengers, crew and harbor workers. ¦Groups that use Kahului and Lahaina Harbors for community events should notify the harbor masters in advance and be given priority over cruise ships. - Notify the community groups about cruise ship harbor scheduling prior to making schedule commitments. Mayor’s Cruise Ship Task Force Recommendations Infrastructure ¦Give priority access to Moloka`i and Lana`i ferry passengers at Lahaina Harbor. ¦ Give ferries docking priority over cruise ship tender boats in Lahaina Harbor. - Prohibit tender boats from occupying the harbor during times scheduled for ferries to dock in the harbor. - The Board of Land and Natural Resources should adopt rules to implement this and include appropriate fines for violation of these rules. ¦ Create a 5-minute loading and unloading zone (2 passenger vehicle stalls, or the equivalent of 1 bus stall) for ferry passengers in the parking area nearest the dock on cruise ship days. ¦Move bus parking area further toward Kamehameha III School to accommodate the ferry passenger loading zone. ¦ Establish a porter service in Lahaina harbor for ferry passengers. - Cruise ships should support the cost of the service. - Ferry companies should oversee the service. ¦Set up a secure area for ferry passengers to stow cargo and other possessions while they return rental cars or park their vehicles. ¦Set up a safe and secure waiting area on cruise ship days for ferry passengers with dependent family members. ¦Provide shaded areas for Moloka`i and Lana`i ferry passengers waiting in Lahaina Harbor. ¦ Set up a taxi dispatching system (similar to that at Airports) at the harbors. ¦ Establish a remote parking structure in Lahaina (e.g. on the old mill grounds) with shuttles circulating from there throughout town. An express shuttle should circulate to and from the harbor. Mayor’s Cruise Ship Task Force Recommendations Infrastructure ¦ Designate resident-only parking spaces in Lahaina. - Create 1-year parking permits (available to residents at no charge) for the resident-only parking spaces. ¦Assign uniformed police officers to Lahaina Harbor on cruise ship days to discourage petty theft and ensure smooth traffic flow in the harbor. - Costs for extra police officers in the harbor should be borne by the cruise ships. ¦Ensure that bus drivers, bus coordinators and security staff hired by cruise ships and others working on the harbor on cruise ship days are educated about the importance of applying the Aloha Spirit and ensuring a smooth flow for all ferry and cruise passengers. ¦Raise the fees for home-ported ships in Kahului and other DOT harbors to be equivalent to those in other US ports. - Consider a tiered fee structure with surcharges for ships that don’t meet current best practice standards for discharges, emissions, offloading and reporting. ¦Direct revenue collected from cruise ship fees toward improvements to Kahului and Lahaina Harbor infrastructure. ECONOMIC ¦ Ensure a balanced approach to evaluating benefits and impacts of cruise ships by considering all perspectives as a whole - economic, cultural, infrastructural, social, environment, security and safety. ¦ Annually survey Maui businesses to monitor the overall economic benefit of cruise ships arriving in Maui. - Develop quantitative measurements and outcomes. - Collaborate with the Maui Chamber of Commerce and other business organizations to conduct the survey. - Use the survey results to assist local businesses in maximizing the benefit of cruise ships. ¦ Assess the impacts and benefits of cruise ship visitors on Maui’s small towns. - Include detailed input from residents and businesses in each town. - Determine the size of cruise ship visitor groups each town can comfortably manage. - Determine the frequency and timing with which such groups should arrive in each town. ¦Collaborate with cruise lines to develop opportunities that fit the interests of small town businesses and residents. ¦ Establish manned “concierge desks” in both harbors. - Provide information on ground transportation, maps and contacts for tours and activities not provided on cruise ships. - Draw upon the expertise of Lahaina Town Action Committee, Tri-Isle Main Street Association, and Maui Visitors Bureau. - Consult models in Hilo and Nawiliwili for greeting cruise passengers. ¦ Prohibit solicitation of cruise ship visitors on public property. Mayor’s Cruise Ship Task Force Recommendations Economic ¦ Establish a visitor information resource and comfort station in Wailuku Town. ¦ Encourage cruise lines to hire more local entertainers. ¦Develop systems and/or programs for assisting local farmers and producers with meeting the price, supply and quality required by cruise ships. -Consider technical assistance from successful agribusinesses such as Maui Land & Pineapple Company, Inc. and Kula Lavender Farms. -Include safeguards that ensure sustainable profitability for local farmers. ¦ Charge foreign-flag and US-flag cruise ships docking, wharfage and anchorage fees at the same rate and raise these fees to levels comparable to those in other U.S. ports. ¦Develop island-wide Product/Service Guide that specifically addresses crew members needs. - Survey crew members to identify their needs and wants. ¦ The County Liquor Commission should adopt and implement a policy that simplifies the identification procedure for the purchase and consumption of alcohol (e.g. at restaurants) by foreign-flag crew members. - Refer to the policies already in place in other Hawai`i counties. ¦Evaluate the effectiveness of the Speedi Shuttle loop service currently operating in Central Maui. ¦ Develop a map of Maui with distances between destinations clearly indicated. ¦Require shuttles and cabs to display county-approved maps with sample fares for specified destinations. ¦Encourage development of tours targeting cruise visitors that showcase Maui history. - Include the Sugar Museum, Bailey House Museum, the Iao Valley and the small towns of Maui. LEGISLATIVE AND POLITICAL ¦Strengthen the ability of the Environmental Health Administration in the Department of Health (DOH) to monitor ship discharge and waste management practices and assess penalties (see Environmental Recommendations). - Fund added DOH responsibilities with newly established cruise ship assessment (see General Recommendations). ¦Establish a statewide task force to evaluate and recommend policies, legislation and administrative rules relating to cruise ships based on evaluations from multiple perspectives including cultural, infrastructural, economic, environmental, safety, security and social concerns. - Mandate representatives from each island for maximum coordination. - Interface with ongoing cruise ship committees on each island (see General Recommendations). - Consider other MOU or legislative models (Alaska, California, Washington) for regulating cruise ship activities. - Identify the appropriate agencies for monitoring and enforcement of cruise ship activities and oversee and ensure collaboration and cooperation between these groups. - Recommend appropriate sanctions, penalties/fines for violations. - Consider funding this task force from tourism sources such as HTA. ¦Encourage cruise ships to keep up with the pace of technology in the ships’ operations and equipment through legislative incentives. - Ensure the use of the most advanced marine sanitation technology and ancillary equipment. - Consider a tiered fee structure with surcharges for ships that don’t meet current best practice standards for discharges and emissions (see Infrastructure Recommendations). ¦Establish an MOU or other agreements with smaller cruise ships and other cruise lines that are not party to the current MOU. Mayor’s Cruise Ship Task Force Recommendations Legislative and Political ¦Work to obtain congressional approval to extend State jurisdiction over cruise ships beyond the 3 mile boundary so that it encompass all channels between the islands of Maui County, including sanctuary waters. ENVIRONMENTAL ¦See recommendation under Legislative/Political regarding formation of statewide Task Force, the scope of which must include environmental issues. ¦ Immediately prohibit any discharge within the Hawaiian Islands Humpback Whale National Marine Sanctuary and the Northwest Hawaiian Islands Coral Reef Ecosystem Reserve. ¦ Move toward zero discharge of waste in State waters. - Establish fines and penalties for violations. ¦ Provide waste offloading facilities in State harbors where cruise ships dock. ¦Inform and educate residents about their roles as stewards of Hawai`i’s unique and fragile environment. - Include information on environmental regulations and environmentally sound practices. - Create informational web sites and mechanisms for reporting concerns or possible violations through the internet and 800 numbers. ¦ Develop baseline measurements of the water quality in State coastal waters. - Extend DOH’s responsibilities and funding to include this task. ¦Authorize DOH to conduct impromptu checks of all cruise ships’ waste management practices and records to ensure compliance. -Coordinate with U.S. Coast Guard. Mayor’s Cruise Ship Task Force Recommendations Environmental ¦Authorize DOH to determine what sewage (blackwater) treatment systems are in use by every large passenger ship entering Hawai`i waters and prohibit entry of cruise ships not equipped with the most advanced wastewater treatment systems. ¦Authorize DOH to assess penalties for violations of discharge within State waters. - Apply the Clean Water Act and HRS rules in the harbor, wharf and boat ramp areas. ¦Require cruise ships to apply standards required for sewage (blackwater) discharge to graywater waste management and discharge procedures. ¦ Encourage cruise ships to reuse treated graywater and blackwater on board – e.g. for cleaning purposes. ¦ Urge ships to establish clear hazardous waste policies and practices and to ensure strict, conscientious, compliance with hazardous materials requirements. - Include thorough education of relevant management and staff on the significance of proper handling of hazardous waste. ¦Encourage, or where feasible require, active recycling programs easily visible to passengers on all cruise ships. - Include education and participation of cruise passengers. ¦Ships should modify their purchasing practices to reduce waste and promote recycling. ¦Encourage offloading of all sewage sludge, and establish incentives to promote this on cruise ships. ¦ Assist NCLA in establishing a second port for offloading dried sewage sludge. - Encourage other cruise lines to dry and offload sewage sludge. Mayor’s Cruise Ship Task Force Recommendations Environmental ¦ Urge ships to use “cleaner” energy sources, e.g. currently low-sulfur fuel - Determine the feasibility of cruise ships using fuels produced by local oil recyclers such as Pacific Biodiesel. - Consider production of agricultural crops to support the fuel needs of Maui residents and cruise ships. ¦ Require ships entering Hawai`i waters to report to DOH the details of their most recent waste and environmental management activities prior to entering the State. - Include information on the most recent fueling stop, discharges, ballast water exchanges and the state of storage, fuel and ballast tanks. - Establish a timely notification system for exchange of this information between cruise ship ports of call inside and outside the State of Hawai`i. ¦Enforce and monitor EPA air quality standards with proper testing and reporting mechanisms. - Consider establishing air monitoring stations in Kahului and Lahaina Harbors. ¦ Extend ballast water exchange regulations and reporting requirements to include Hawai`i-based ships to minimize the likelihood of spreading invasive or nonnative species between islands. - Require Hawai`i-based ships to report on their ballast water exchange. ¦Develop whale avoidance policies and reporting procedures pursuant to the Endangered Species Act and the Marine Mammal Protection Act. SAFETY AND SECURITY ¦Develop a comprehensive plan coordinated between Maui Civil Defense Agency (MCDA), Maui Police Department, Maui Fire Department, Maui County Sheriff, the Department of Land Natural Resources’ Division of Conservation and Resource Enforcement and the cruise ships for addressing potential emergencies such as natural disasters, medical outbreaks, terrorism and other catastrophic events. - MCDA should determine the cost of developing the plan and guide the plan’s development. - Cruise lines should contribute to the cost of developing the plan. ¦ Cruise ships should pay for the additional security needed on the days that they anchor off Lahaina Harbor to handle traffic, and related activity in the harbor and adjoining areas. This should not be considered an impact fee. ¦Designate official loading/unloading zone(s) near the ferry piers in Lahaina on cruise ship days to address the health and safety concerns of the Lana`i and Moloka`i residents who rely on the ferries (see Infrastructure Recommendations). ¦Establish adequate facilities and clear procedures for separating passengers, cargo and heavy equipment in Kahului Harbor. ¦Provide adequate funding and personnel for DOCARE so that its ability to conduct conservation activities is not compromised. ¦ Evaluate the capacity of health care services in Maui County to address the influx of cruise passengers and crew. SOCIAL ¦ Seek to minimize the impacts of the influx and large volume of cruise passengers and crew on the community’s values, rural lifestyle and Aloha Spirit. ¦ Anticipate sensitivities or conflicts between the “culture” of cruise lines and the socio-cultural values of residents; resolve them. ¦ Observe local cultural practices to guide daily activities and interactions. ¦ Urge cruise ships to work with community groups such as Tri-Isle Main Street Resource Center, Lahaina Town Action Committee and others for information on the community of Maui. ¦ Use the findings of the State’s Tourism Study in developing policy and decision making. ¦ Urge cruise lines to participate in active, broad-based community giving in both financial and in-kind support. ¦ Urge cruise ships to publicize community fundraising events to their passengers. ¦ Urge cruise lines to recognize their role in the communities they visit and to make accommodation for residents, businesses and regular harbor users for the added costs, delays or inconveniences that community members experience. Mayor’s Cruise Ship Task Force Recommendations Social ¦ Cruise lines should adjust their planning to minimize the impact of the ships and tender boats on our harbors, and the large influxes of cruise passengers and crew on our local communities’ values, rural lifestyle and the aloha spirit. Where possible, adjustments should include changes to: -Arrival frequency -Schedules -Locations -Number of passengers -Other factors that contribute to the impact on community residents. APPENDIX Mayor’s Cruise Ship Task Force APPENDIX A TASK FORCE MEMBERS Jeanne Skog Task Force Chair; Maui Economic Development Board Lynn Araki-Regan Task Force Co-Chair; County of Maui, Office of Economic Development Stacia Bobikevich Maui Group of the Sierra Club Lani Correa Maui Hotel Association Randy Endo Maui Land & Pineapple Company, Inc. Captain Charles Hirata Maui Police Department George Kaya Office of the Governor (Maui) Becky Lennon Best Western Pioneer Inn, Lahaina Town Action Committee Sean Lester Maui Tomorrow Mary Helen Lindsey Lahaina Restoration Foundation Don Medeiros County of Maui, Department of Transportation Judith Michaels Maui Tomorrow Rob Parsons County of Maui, Environmental Coordinator Jocelyn Perreira Tri-Isle Main Street Resource Center Terryl Vencl Maui Visitors Bureau Stacie Thorlakson Maui Chamber of Commerce Brad S. Wehler Former Cruise Line Executive Lynne Woods Maui Chamber of Commerce Mayor’s Cruise Ship Task Force Charles Aldred Ben Arcangel Randy Awo Doug Armfield Sharon Balidoy Hannah Bernard Julia Blum John Brock Rob Bushey Karen Chun Dan Cohen Gershon Cohen James Collins Randy Coon Richard Cugal Scott Cunningham Toni Marie Davis Randy Draper Gilbert Edo J. Kalani English Cy Feng Buzz FernandezKaren Fischer Mele Fong Barry Fukunaga Marvin Funes Jack Griffith Jennifer Golz Kale Gumapac Robert L. Haggerty June Harrigan Dale Hahn Cynda Hearn Eric Honma APPENDIX B TASK FORCE RESOURCES Environmental Protection Agency, Region 9 Air Division Enforcement Chevron, Maui Terminal Department of Land and Natural Resources, Division of Conservation and Resources Enforcement Start Me Up Sport Fishing Lae`ula O Kai Canoe Club Marine Biologist, Hawai`i Wildlife Fund National Ballast Information Clearinghouse Environmental Protection Agency, Region 9 Air Division - Engineering U.S. Coast Guard Station Maui Na Kai Ewalu (Canoe Club) Hawaiian Canoe Club Campaign to Safeguard America’s Waters, Earth Island Institute/Alaska Tymac Launch (Waste Management) Trilogy Maui Electric Company Department of Transportation, Harbors Division Activities & Attractions Association of Hawaii Lahaina Boat Captain Commercial Fisherman Hawai`i State Senate, District 6 (Kaho`olawe, Lana`i, Moloka`i, Ha`iku, Upcountry Maui and Hana) Department of Business, Economic Development & Tourism Matson Transportation Maui Arts & Cultural Center Musician Department of Transportation, Harbors Division Ameron Florida Department of Environmental Protection PSC Environmental Musician U.S. Coast Guard Safety Team, Maui Department of Health, Environmental Planning Office NCL America Maui Mall County of Kaua`i Liquor Commission Mayor’s Cruise Ship Task Force Appendix B Task Force Resources Glen Hudman Pearl Iboshi, Ph.D. Gen Inuma Beverly Johnsen Jim Karas Lawrence Kauhaahaa Hideo Kawahara Cal Kawamoto Kevin Kinerney Kevin Kimizuka Henry Koa Lawrence Koki Robert Kritzman Dennis Lau Laurence Lau Ron Laclergue Rocky Lasseter Moana Leirer Roz Lightfoot Chad Kanui Lovell Faith Mori Kaoru Morimoto Carolyn Morehouse Lee Muller Bob Olson Kay OkamotoLisa Paulson Twinkle Pereira Gerald Perreira Jocelyn Perreira Stephen Pfister George Purdy Don Reaser Larry Renzlo Richard Rice Richard Roshon Patrick Shaw County of Hawai`i Liquor Commission Department of Business, Economic Development & Tourism Maui Civil Defense Agency Surfer and 35 year Maui resident, Lahaina Library Employee Bay Area Air Quality Management District, Air Quality Engineering Maui Police Department A & B Properties Hawai`i State Senate (term ended 2004), District 18 (Waipahu, Pearl City, Manana) Transmarine Navigation Department of Labor, Workforce Development Office Department of Transportation, Harbors Division Maui Trucking NCL America Department of Health, Division of Environmental Health, Clean Water Branch Department of Health, Division of Environmental Health Kimo’s, Hula Grill, Leilani’s Maui Police Department Alaska Department of Environmental Conservation Bailey House Museum Communications Pacific Na Kai Ewalu (Canoe Club) Environmental Protection Agency, Region 9 Waste Management Division Alaska Department of Environmental Conservation McCabe Hamilton & Renny Co., Ltd. Surf Board Maker, 33 year Lahaina resident Lana`i Realty Queen Ka`ahumanu Center Tesoro, Maui Terminal Gerald Perreira dba Pugee Trucking Co. Tri-Isle Main Street Resource Center (Wailuku, Makawao, Pa`i`a, Ha`iku, Lana`i City, and other eligible small town affiliates i.e. Kula, Hana, Ma`alaea) Department of Transportation, Kahului Harbor Lana`i Airport Fire Crew Whalers Village Pacific West Fuels Department of Land & Natural Resources, Division of Boating and Ocean Recreation Kayaker and lecturer Northwest Cruise Ship Association Mayor’s Cruise Ship Task Force Appendix B Task Force Members Carol She Department of Land & Natural Resources, Division of Boating and Ocean Recreation Nick Showengerdt Holland America Cruise Lines, Policy and Planning Franklyn Silva County of Maui, Department of Liquor Control Hal Silva Department of Land and Natural Resources, Division of Boating and Ocean Recreation, Lahaina Harbor Grace Simmons Department of Health, Division of Environmental Health, Hazardous Waste Branch Bill Thayer Waldron Steamship Herman Tuilosega Department of Health, Office of Environmental Planning Charles Toguchi Northwest Cruise Ship Association Jim Walsh Activities & Attractions Association of Hawaii; Atlantis Submarines Jeff Walters, Ph.D. Department of Land and Natural Resources, Division of Aquatic Resources; Hawaiian Islands Humpback Whale National Marine Sanctuary Leanne Watanabe Department of Health, Division of Environmental Health, Clean Water Branch Wallace Weatherwax Honolulu Liquor Commission Mike White Ka`anapali Beach Hotel Lynne Woods Maui Chamber of Commerce J.D. Wyatt Hawai`i Nature Center Marian Zajac Hui Malama Learning Center APPENDIX C MAJOR CRUISE SHIPS VISITING MAUI Mayor’s Cruise Ship Task Force Appendix C Sewage PAX & Maui Maui Gross Length Built or Cruise Line Vessel Registry Treatment Crew Tours Tours Tonnage (feet) Refurbished System Capacity 2003 2004 Carnival Spirit 88,500 963 Panama 2001 AWTS/RO 2,038 5 4 Carnival Cruise Lines (Carnival) Celebrity Cruises (Royal Infinity 91,000 965 Bahamas 1999/2001 AWTS/BRU 3,597 10 7 Caribbean) NCL (Star Cruises) Crown Odyssey* 34,250 614 Bahamas 1988 354 1 0 Crystal Cruises (Nippon Yusen) Crystal Harmony 49,400 790 Bahamas 1990 / 2002 1,355 2 5 Holland America (Carnival) Amsterdam 61,000 780 Netherlands 2000 AWTS/BRU 1,485 1 1 Holland America (Carnival) Statendam 55,451 720 Netherlands 1992 AWTS/BRU 3,150 7 8 Holland America (Carnival) Veendam 55,451 720 Bahamas 1996 AWTS/BRU 2,949 0 2 Kuoni Travel Group Clipper Odyssey* 5,218 207 Bahamas 1999 M & C 3,486 0 1 NCL (Star Cruises) Norwegian Star 92,000 965 Bahamas 2001 AWTS/BRU 2,796 52 2 NCL (Star Cruises) Norwegian Wind 41,000 754 Bahamas 1992 / 1998 AWTS/BRU 1,080 11 21 NCL America (Star Cruises) Pride of Aloha 81,000 853 US 2004 AWTS/BRU 910 0 25 New World Cruises M/V Discovery* 20,186 Bermuda 1971/2001 3,340 0 1 Peter Dielmann Cruise Lines MS Deutschland* 22,400 1998 2,448 0 1 Princess Cruises (Carnival) Dawn Princess 77,000 856 Bermuda 1997 / 2002 AWTS/BRU 1,057 4 0 Princess Cruises (Carnival) Island Princess 92,000 856 Bermuda 2003 AWTS/BRU 2,802 0 7 Princess Cruises (Carnival) Pacific Princess 30,277 592 Gibralter 1991 / 2002 AWTS/BRU 3,359 0 2 Princess Cruises (Carnival) Regal Princess 70,000 804 Bermuda 1991 / 2002 AWTS/BRU 2,286 3 6 Princess Cruises (Carnival) Sun Princess 77,000 856 Britain 1995 / 2002 AWTS/BRU 3,392 4 0 Radisson Seven Seas Cruises Seven Seas Mariner 50,000 670 Bahamas 2001 AWTS/BRU 1,145 1 0 Radisson Seven Seas Cruises Seven Seas Voyager 46,000 670 Bahamas 2003 AWTS/BRU 1,147 0 1 Royal Caribbean International Legend of the Seas 69,130 867 Bahamas 1995 / 2000 AO 1,823 12 12 Royal Caribbean International Radiance of the Seas 90,090 962 Bahamas 2001 DF 3,150 4 2 Royal Caribbean International Serenade of the Seas 90,090 962 Bahamas 2003 AWTS/BRU 1,823 0 4 Royal Caribbean International Vision of the Sea 78,491 915 Bahamas 1998 AO 3,095 1 2 Source: Cruise Lines International Association. *Ships no longer traveling to Maui. AO: Activated Oxidation; AWTS: capable of meeting Advanced Wastewater Treatment Standard; BRU: Biological Reactor and Ultrafiltration; DF: Dilution and Filtration; M&C: Maceration and Clorination; RO: Reverse Osmosis APPENDIX D PROPOSED NCL AMERICA WEEKLY SCHEDULES Pride of Aloha 2005 -7 Day Cruise Pride of America 2005 - 7 Day Cruise Harbor Arrival Departure Harbor Arrival Departure Sunday Honolulu 8:00 PM Saturday Honolulu 8:00 PM Monday Nawiliwili 7:00 AM Overnight Sunday Hilo 8:00 AM 7:00 PM Tuesday Nawiliwili 1:00 PM Monday Kahului 8:00 AM Overnight Wednesday Hilo 9:00 AM 6:00 PM Tuesday Kahului 6:00 PM Thursday Kona 7:00 AM 5:00 PM Wednesday Kona 7:00 AM 6:00 PM Friday Kahului 8:00 AM Overnight Thursday Nawiliwili 10:00 AM Overnight Saturday Kahului 6:00 PM Friday Nawiliwili 6:00 PM Sunday Honolulu 7:00 AM Saturday Honolulu 7:00 AM Pride of America 2005 - 3 Day Cruise Harbor Arrival Departure Saturday Honolulu 8:00 PM Sunday Hilo 8:00 AM 7:00 PM Monday Kahului 8:00 AM Overnight Tuesday Kahului Disembark Pride of America 2005 - 4 Day Cruise Harbor Arrival Departure Tuesday Kahului 6:00 PM Wednesday Kona 7:00 AM 6:00 PM Thursday Nawiliwili 10:00 AM Overnight Friday Nawiliwili 6:00 PM Saturday Honolulu 7:00 AM Mayor’s Cruise Ship Task Force Appendix D Mayor’s Cruise Ship Task Force APPENDIX E KAHULUI HARBOR MAP APPENDIX F ALLOCATION OF REVENUE IN TWO DLNR HARBORS Lahaina FY 2003 Lahaina FY 2004 Ala Wai FY 2003 Ala Wai FY 2004 Revenue Generated in Harbor $1,176,568 88.6% $991,904 89.4% $2,625,789 78.3% $2,574,438 82.0% Allocated from Administration $152,112 11.4% $118,079 10.6% $729,643 21.7% $566,397 18.0% Total Revenue $1,328,680 100.0% $1,109,983 100.0% $3,355,432 100.0% $3,140,835 100.0% Expenditures for: Harbor $470,463 35.4% $550,451 49.6% $1,013,337 30.2% $1,147,060 36.5% Statewide Administration $210,505 15.8% $280,224 25.2% $1,009,741 30.1% $934,248 29.7% Elsewhere $647,712 48.7% $279,308 25.2% $1,332,354 39.7% $1,059,527 33.7% Source: Attachment to DOBOR Draft Administrative Rules Chapter 234, New Proposed Base Fees 11/09/04 In FY 2003 $1,328, 680 in revenue was generated in Lahaina Harbor. Of this 35.4% was spent on the harbor, 15.8% was spent for statewide administration and 48.7% was spent elsewhere in the DLNR harbors system. In FY 2004 $1,109, 983 in revenue was generated in Lahaina Harbor. Of this 49.6% was spent on the harbor, 25.2% was spent for statewide administration and 25.2% was spent elsewhere in the DLNR harbors system. In FY 2003 $3,344, 432 in revenue was generated in Ala Wai Harbor. Of this 30.2% was spent on the harbor, 30.1% was spent for statewide administration and 25.2% was spent elsewhere in the DLNR harbors system. In FY 2003 $3,140,835 in revenue was generated in Ala Wai Harbor. Of this 36.5% was spent on the harbor, 29.7% was spent for statewide administration and 33.7% was spent elsewhere in the DLNR harbors system. Mayor’s Cruise Ship Task Force Appendix F Mayor’s Cruise Ship Task Force APPENDIX G SUGGESTED IMPROVEMENTS TO MALA WHARF FOR CRUISE SHIP TENDER ARRIVAL A suggestion for improving Mala Wharf and the area around it to permit cruise ship tender boats to dock at Mala Wharf was offered at the Lahaina Community Meeting on November 9, 2004. It included using the public toilets built in the Mala Wharf area in 1994, the county-owned easement immediately south of the Kahoma stream, and the county-owned vacant lot immediately south of the toilets and makai of the burial grounds in that area. To make this a workable facility the improvements required are required. • Building a new wharf of the same angle and length as the present wharf with the pier emerging from the shore approximately 50 yards to the north of its present location, immediately south of the entrance to the Kahoma stream. • Installing a 150 x 40 foot cross piece (roughly parallel to the shoreline) so that tenders could dock with the current rather than against the current. • Paving the county lot and using it as a staging area where passengers can meet tour and activity groups, obtain local information and board buses, taxis and other vehicles. • Installing a walkway from the new wharf parallel to the Kahoma stream that extends back to the small street that leads from the Kahoma stream to the public toilet facilities. Passengers can walk along the walkway to the street mentioned before, then down the street directly to the county lot and toilets. • Installing railings or barriers along the walkway to keep passengers from entering the adjacent area on which lies sacred burial grounds and the boat ramp used by local residents. • Dropping the old Mala Wharf onto culverts to let water past the old wharf when flow is heavy from the Kahoma Stream. • Piling rocks on top of the old wharf to create a south breakwater (a north breakwater already exists). In addition to creating a wharf where tender boats could dock outside the congestion of Lahaina Town, the old wharf and breakwater would help reduce the impacts of heavy flow from the Kahoma Stream and provide a protected area enclosing the boat ramp. It would also leave space for an additional (third) ramp. Mayor’s Cruise Ship Task Force APPENDIX H HAWAI`I ADMINISTRATIVE RULES TITLE 19 DEPARTMENT OF TRANSPORTATION CHAPTER 44 RULES RELATING TO SERVICES AND PROCEDURES, CHARGES, TOLLS AND FEES SUBCHAPTER 6 WHARFAGE §19-44-70 Passenger fees. (a) Any passenger vessel which is used for private gain and does not have a valid mooring permit which uses State commercial harbors property or facilities shall pay the following fees in addition to dockage fees: (1) Per passenger (includes in transit) - embarking from shore to ship $2.50 (2) Per passenger (includes in transit) - disembarking from ship to shore $2.50 (3) Passengers in transit on a vessel on a continuous trip whose point of origin and termination is a State port, a total for disembarking and embarking at each port per passenger $1.85 (b) Offshore mooring. Any vessel using a State wharf for disembarking and embarking passengers by means of any boat or lighter while moored offshore shall pay a total of 35 cents per passenger disembarking and embarking at each port. (c) Report. A report shall be filed with the department on a form provided by the department within fifteen days after date of embarking or disembarking of facilities and the charges due shall be remitted along with the report. [Eff 5/20/82; am 12/20/85; am 11/7/91; am and comp 2/26/96; am 3/10/97] (Auth: HRS §266-2) (Imp: HRS §§266-2, 266-17) http://www.hawaii.gov/dot/harbors/adminrules/hadmin44.htm Mayor’s Cruise Ship Task Force APPENDIX I LIQUOR COMMIMSSION REGULATIONS GOVERNING PROPER IDENTIFICATION IN THE COUNTIES OF THE STATE OF HAWAI`I The State of Hawai`i prohibits the sale or service of liquor to minors, but leaves it to the county liquor commissions to determine what form of identification is acceptable for the purchase or consumption of liquor in each county. A. County of Hawai`i The rules governing sale or service of liquor to minors state that acceptable identification includes: • an official State driver's license • a military identification card • other official government identification The County of Hawai`i Liquor Commission had concerns about possible underage drinking by crew members from foreign ships (not cruise ships). The commission received verbal assurance from the ship’s captain and a written response from the shipping line stating that the ships would issue a document for each crew member verifying his/her identification including name, address, date of birth, etc. The commission accepts this form of commercial identification along with a foreign driver’s licenses for foreign crew members. Passports are used as acceptable identification for foreign visitors. B. City and County of Honolulu38 The City and County of Honolulu Liquor Commission Rule 101.5-1 describes the regulations for the sale or service of liquor to minor. It prohibits the sale of liquor to minors and makes licensees responsible for the proper checking of personal identification of any person wishing to purchase liquor, prior to the selling or serving of liquor. Documents acceptable for identification include: • an official State driver's license • a military identification card • other official government identification containing a photograph 38 Rules of the Liquor Commission for the City and County of Honolulu are available at http://www.honolulu.gov/liq/index1.htm Mayor’s Cruise Ship Task Force Appendix I Liquor Commission Regulations C. County of Kaua`i39 The Liquor Commission in the County of Kaua`i has no specific rule prescribing what a licensee must request or can accept as identification for the purposes of selling or serving alcohol. The County of Kaua`i Liquor Commission conducts general training sessions for liquor licensees. In these sessions the licensees are told to use a form of picture identification with a date of birth on it. It is recommended to licensees that they accept driver’s licenses, State IDs, passports and military IDs. Foreign government IDs such as driver’s licenses are considered acceptable forms of identification. D. County of Maui40 The Maui County Liquor Commission rule 8-101-75 describes the regulations for the sale or service of liquor to minors. It makes licensees responsible for the proper checking of personal identification of any person wishing to purchase liquor, prior to the selling or serving of liquor. Documents acceptable for identification include: • an official State driver's license • a military identification card • other official State or Federal government identification 39 http://www.kauai.gov/Portals/0/Liquor/liquor_rules-regulations_040816.pdf 40 http://www.co.maui.hi.us/departments/Liquor/101.htm#75 Mayor’s Cruise Ship Task Force Appendix J Hawai`i MOU 119 Mayor’s Cruise Ship Task Force Appendix J Hawai`i MOU Mayor’s Cruise Ship Task Force Appendix J Hawai`i MOU Mayor’s Cruise Ship Task Force Appendix J Hawai`i MOU Mayor’s Cruise Ship Task Force Appendix J Hawai`i MOU 123 Mayor’s Cruise Ship Task Force Appendix J Hawai`i MOU 124 Mayor’s Cruise Ship Task Force APPENDIX K ORGANIZATIONS AND REGULATIONS GOVERNING MARINE WATER QUALITY AND SAFETY41 A. International Organizations & Regulations 1. International Maritime Organization (IMO) • Created in 1958 by the United Nations • Goals: enhance shipping safety and protect ocean environment • Operates through international conventions (treaties)42 pertaining to o Shipping Safety o Environmental Protection • Develops new or updates existing conventions to keep pace with advancing technology and information • Through a lengthy process, treaties are drafted then adopted by the IMO. • An adopted convention “enters into force” when a specified number of member nations have agreed to follow it by signature, ratification, acceptance or other similar mechanisms. • A new convention typically takes more than 10 years to enter into force. • The number of signatories required to put a convention into force differs between conventions and is specified when a convention is written. • Member nations that agree to a convention must set the conditions in place to meet its requirements and set laws in place to enforce the convention. • The IMO has no authority to enforce the conventions. Provisions of IMO treaties are only enforceable in US waters by the US Coast Guard under US law. If the US is a signatory to that convention and has made that convention “mandatory”, that means the US must have passed laws that match the provisions of the IMO convention. In international waters, only the ship’s flag state may enforce IMO conventions. 41 Compiled from the sources cited in this appendix, resources listed in Appendix B, and the following: http://cfpub.epa.gov/npdes/ http://www.hawaii.gov/health/about/admin/health/environmental/env-planning/pdf/nwcruiseshipnewmou.pdf 42 http://www.imo.org/Conventions/mainframe.asp?topic_id=148 Mayor’s Cruise Ship Task Force Appendix K Organizations and Regulations Governing Marine Water Quality and Safety 2. International Convention of the Prevention of Marine Pollution (MARPOL) from Ships43 • These are the primary set of IMO treaties governing ship-generated pollution. • Protocols were first established in 1973. • Protocols underwent major modification in 1978. • Protocols consist of six annexes. (Annexes II & III apply to cargo ships only). • Protocols that are mandatory in the US are indicated in the table below. MARPOL ANNEXES Annex Topic Addressed Status I Pollution by Oil Mandatory in US II Pollution by Noxious Liquid Substances in Bulk Mandatory in US III Pollution by Harmful Substances Carried by Sea in Packaged Form Mandatory in US IV Pollution by Sewage from Ships Not mandatory in US In force Sept 2003 V Pollution by Garbage from Ships Mandatory in US VI Air Pollution from Ships Not mandatory in US In force May 2005 3. European Union (EU) regulations prohibit waste discharge into coastal and ocean waters in accordance with MARPOL Annexes I, IV and V. The goal of these regulations is to eliminate ship pollution. Key EU requirements: • All EU ports must provide adequate waste reception facilities and plans. • All wastes are to be delivered to waste reception facilities unless there is on board capacity to retain the waste until the next port of call. 43 http://www.imo.org/Conventions/contents.asp?doc_id=678&topic_id=258#10 Mayor’s Cruise Ship Task Force Appendix K Organizations and Regulations Governing Marine Water Quality and Safety • All ships must notify ports in advance of intention to use facilities and of waste quantities on board. • A fee system is to be generated by each member state to cover the costs of waste facility maintenance and operation. • Monitoring compliance and adequate sanctions for noncompliance are imposed, and non-compliance data is forwarded to the vessel’s next port of call. B. Federal Organizations & Regulations 1. US Federal Clean Water Act (CWA) • Established in 1972 • Significantly amended or revised in 1977, 1981 and 1990.44 • Established basic structure for regulating pollutant discharge into US waters. • Gave EPA the authority to o Set wastewater standards for industry o Set water quality standards for all surface water contaminants. o Made it unlawful to discharge any pollutant from a point source into navigable waters, without a permit. o Funded the construction of sewage treatment plants o Recognized the need for planning to address the critical problems posed by nonpoint source pollution. 2. National Pollutant Discharge Elimination System (NPDES permits)45 • Established by the CWA to ensure pollutant discharges do not result in violation of water quality standards. • Municipal and industrial dischargers of wastewater must obtain a permit for each pollutant to be released into waterways and near shore waters. • Limits differ for each permit depending on discharge characteristics, volume of wastewater discharged and characteristics of the receiving water. • Permits may govern conventional pollutants such as: o suspended solids o fecal coliform o oil and grease • Permits may govern specific toxic pollutants. • Permit holders must monitor and report pollutant levels in discharge and may be fined if in violation of permits. 44 http://www.epa.gov/region5/water/cwa.htm 45 http://cfpub.epa.gov/npdes/ Mayor’s Cruise Ship Task Force Appendix K Organizations and Regulations Governing Marine Water Quality and Safety • NPDES permits are only required by land-based pollution sources, even though discharge pipes may extend 3 or more miles into the ocean. • Vessels are exempt from NPDES permit requirements (Chapter 40 US Code of Federal Regulation (CRF) Section 122.3). • An Alaska 2006 ballot initiative proposes to implement a similar kind of permitting system for ship waste within state waters. 3. Federal No Discharge Zones (NDZ)46 • States may prohibit discharge of treated or untreated sewage from all vessels into all or parts of state waters under section 312 of the CWA. • Only applies to sewage. • Does not apply to discharge of graywater, ballast water or oily bilge water. • CWA discharge prohibition zones do not distinguish between classes of vessels, therefore if imposed, they must apply to all vessels in the zone. • In 2003 California recently passed legislation prohibiting discharge of sewage sludge, oily bilge, graywater and hazardous waste in all state waters. • California has applied to the EPA for permission to prohibit discharge of treated sewage water, the regulation of which is pre-empted by Federal law. 4. National Marine Sanctuaries47 • There are thirteen Federally designated marine sanctuaries in the US. • Two of these sanctuaries are in the State of Hawai`i. • The purpose of sanctuaries is to manage areas of the marine environment with special value in the following areas: o Conservation o Recreation o Ecology o Historical o Research o Education o Aesthetics • Florida Governor and the US EPA cooperated to designate Florida Keys National Marine Sanctuary a no discharge zone (July 2001).48 46 http://www.epa.gov/owow/oceans/regulatory/vessel_sewage/vsdnozone.html 47 http://www.sanctuaries.nos.noaa.gov/ 48 http://www.epa.gov/region4/oeapages/01press/010720.htm Mayor’s Cruise Ship Task Force Appendix K Organizations and Regulations Governing Marine Water Quality and Safety 5. Nonindigenous Aquatic Nuisance Prevention and Control Act (NANPCA)49 • Set voluntary ballast water guidelines in 1990 to prevent the spread of zebra mussels in the Great Lakes. • These guidelines became mandatory in 1993 for vessels arriving from overseas ports and entering the Great Lakes. • Similar guidelines were made mandatory for the upper Hudson River in 1994. 6. National Invasive Species Act (NISA)50 • Followed and expanded upon NANPCA • Set voluntary ballast water management guidelines recommending open ocean exchange of ballast water. • Set mandatory ballast water reporting requirements for vessels entering the US after operating outside the Exclusive Economic Zone (EEZ, generally 200 nautical miles from shore). • In a June 2002 report to Congress the USCG documented that 30.4% of ships required to file ballast water reports according to mandatory guidelines actually did so and only half of those that filed reports (~15% of all ships require to file reports) complied with the voluntary management guidelines. • The Federal government made ballast water exchange mandatory for all ships entering US waters from beyond the EEZ as of July 2004 and penalties began being imposed for violations in November 2004. The USCG may now impose a civil penalty of up to $27,500 per day or Class C Felony charge for non-submission of records. C. State of Hawai`i Most of the responsibility for environmental management and oversight in the State of Hawai`i lies with the Department of Health (DOH). One office that is not within DOH was involved in negotiating the MOU and oversees some aspects of marine water quality and cruise ship activity, is the Office of Environmental Quality Control (OEQC). It is part of the Department of Business, Economic Development and Tourism (DBEDT). DOH is comprised of three administrations and several offices: • Two offices assisted in negotiating the Hawai`i MOU with the NWCA. o Environmental Planning Office . data collection and analysis . development of environmental quality standards 49 http://www.anstaskforce.gov/index.htm# 50 http://www.epa.gov/fedrgstr/EPA-WATER/1998/June/Day-16/w15964.htm Mayor’s Cruise Ship Task Force Appendix K Organizations and Regulations Governing Marine Water Quality and Safety . legislative coordination . supports land use reviews . establishes pollution control programs o Hazard Evaluation and Emergency Response Office . provides risk assessments . responds to the release of hazardous substances . oversees the cleanup of contaminated sites . evaluates health effects of air and water pollutants when no standards exist. • One administration, the Environmental Health Administration,51 participated in the MOU negotiation and oversees environmental management. It is comprised of six divisions and offices. Several of these deal with regulation of or impacts from cruise ship activity: o Environmental Management Division consists of five branches, four of which may deal with regulation of or impacts from cruise ship activity: . Clean Air Branch – monitors stationary sources for compliance, enforces regulations, sets penalties • 10 sites on Oahu • 5 sites on Hawai`i • 1 site each on Maui and Kaua`i . Clean Water Branch – identifies water pollution sources, evaluates pollutant impact on public health, determines compliance, takes corrective measures through administrative or court action. . Solid and Hazardous Waste Branch – regulates the generation, transportation, treatment, storage, and disposal of hazardous wastes. . Wastewater Branch – administers the statewide engineering and financial functions relating to water pollution control, municipal and private wastewater treatment works program, individual wastewater systems program and the US EPA water pollution control revolving fund program. . Safe Drinking Water Branch • DOH administrations and offices that oversee issues unrelated to marine water quality: o Health Resources Administration o Behavioral Health Administration o Compliance Assistance Office - assists businesses in environmental compliance 51 http://www.hawaii.gov/health/about/admin/enviro.html Mayor’s Cruise Ship Task Force Appendix K Organizations and Regulations Governing Marine Water Quality and Safety o Environmental Health Services Division – implements and maintains programs to assure public health and human safety from food, drugs and environmental threats. o Environmental Resources Office – covers grants and administrative responsibilities of Environmental Health Administration . Mayor’s Cruise Ship Task Force Appendix L The Hawai`i Marine Area (indicated by yellow and blue) includes all waters 4 nautical miles beyond the 100 fathom contour mark (yellow). It encompasses all of the HIHWNMS as well as all state waters (3 nautical miles from the coastline). Mayor’s Cruise Ship Task Force Appendix M Regulations Governing Waste Streams on Ships APPENDIX M REGULATIONS GOVERNING WASTE STREAMS ON SHIPS52 A. Air Emissions International Rules and Federal Regulation of Marine Air Emissions MARPOL Annex VI governs air emissions from ships and went into force on May 19, 2005. The US has not ratified MARPOL Annex VI, and there are no Federal regulations governing air emissions for ocean going vessels. It has been difficult for US air quality agencies to regulate air emissions from marine vessels of any kind because these agencies do not have jurisdiction over the vessels while they are sailing at sea. Federal Regulation of Land-Based Air Emissions The Federal Clean Air Act (CAA) sets standards for air quality standards for land based sources of air emissions, and these are enforce by the US Environmental Protection Agency (EPA). The CAA sets standards for “pollutants of concern” which are nitrogen oxide and sulfur oxide compounds, and particulate matter. These are typically measured in pounds per hour, or tons per year. The amounts produced vary depending on type, age and size of engine, and the type of fuel being used. The CAA also limits the size of particles in air emissions. Ten micrometers (1/10,000 of a meter) is the acceptable upper limit. The CAA does not preempt states or localities from imposing stricter air quality standards. The burden of responsibility for automobile emissions lies with auto makers and not with automobile users or owners. However, the owners of commercial operations that produce air emissions such as refineries, plants, factories, agricultural equipment, etc. are responsible for meeting the air quality standards set for their operations. Regulation of Air Emissions on Cruise Ships in California Two of California’s Air Quality Management Districts (South Coast and Bay Area) have established regulations limiting the particulate matter and visible emissions from all ships operating in those areas. The California legislature passed a law prohibiting cruise ships from onboard incineration while operating with state waters (3 nautical miles from the California coast). 52Compiled from the sources cited in this appendix, resources listed in Appendix B, and the following: http://www.imo.org/Conventions/contents.asp?doc_id=678&topic_id=258 http://www.epa.gov/air/oaq_caa.html/ http://www.epa.gov/region5/water/pdf/ecwa.pdf http://www.hawaii.gov/health/about/admin/health/environmental/env-planning/pdf/nwcruiseshipnewmou.pdf Mayor’s Cruise Ship Task Force Appendix M Regulations Governing Waste Streams on Ships B. Sewage or Blackwater International Rules Disposal of sewage or blackwater is governed by MARPOL Annex IV, which the US has not ratified. Annex IV permits discharge of pulverized and disinfected sewage 4 nautical miles from shore when ships are underway at 4 knots. Untreated sewage may be discharged 12 nautical miles from shore. Federal Regulation The US administrative code, CFR chapter 33 section 159.7 was adopted in 1997 and established requirements for USCG certified Type II or Type III marine sanitation devices (MSD) on board all vessels equipped with toilets. A foreign-flagged vessel may be considered in compliance with US regulations if it has an operable MSD certified according to MARPOL convention. No periodic monitoring of MSD effluent is required by Federal law, however the USCG may monitor the MSD on any ship in US waters at will. Marine Sanitation Devices There are three types of MSDs (type I, type II or type III MSDs (Appendix Q). MSD II systems are designed to release fecal coliform bacteria counts less than 200 colonies per 100 milliliters and suspended solids less than 150 milligrams per liter. Each MSD II is certified by the USCG at the manufacturing facility to ensure that it actually is a type II MSD. AWTS Over the three to five years, most large cruise ships have been refitted with Advanced Wastewater Treatment Systems (AWTS) for sewage treatment and all new large cruise ships include these systems. These systems are usually either reverse osmosis filtration systems, biological reactors followed by filtration or chemical oxidation systems. They are designed to meet the “Alaska Standards” for water quality. The most advanced sewage treatment systems on larger cruise vessels produce up to 120 tons (240,000 pounds) of concentrated sewage sludge per day. The “Alaska Standards” are water quality standards written into the CWA that apply to State of Alaska waters, and are higher than CWA standards for the rest of the country.53 In addition to all of the water quality standards set forth in the CWA, the Alaska standards require no more than 20 colonies per 100 milliliters over a 30 day period, with no more than 10% of the samples exceeding 40 colonies per 100 milliliters, and chlorine residues not to exceed 10 micrograms per milliliter. AWTS Effectiveness Levels of fecal coliform that surpass state water quality standards were found in the sewage waste streams from ships monitored by the State of Alaska in 2004.54 53 http://www.epa.gov/owow/oceans/cruise_ships/sewage_gray.html 54 Alaska Department of Environmental Conservation, 2004 Large Ships Unannounced Sampling Results, pages 11-15 http://www.dec.state.ak.us/water/cruise_ships/2004report.htm Mayor’s Cruise Ship Task Force Appendix M Regulations Governing Waste Streams on Ships In addition to occasionally exceeding fecal coliform standards, effluents from AWTS tested in Alaska also consistently contained dissolved copper, nickel and zinc at levels above the Alaska water quality standards (Alaska copper: 3.1 micrograms/L, nickel: 8.2 micrograms/L and zinc: 81 micrograms/L), which are very similar to the Hawai`i water quality standards for these metals (copper: 2.9 micrograms/L, nickel: 8.3 micrograms/L and zinc: 86 micrograms/L).55 AWTS also do not remove viruses or dissolved chemicals, some of which are toxic (e.g. mercury and arsenic). Other dissolved the may not remove include metals, hydrocarbons (such as formaldehyde, dioxins, furans, etc), chlorine, dissolved chemicals used in the water treatment process, and ammonia and other nitrogen-rich compounds (also called nutrients). In unannounced sampling inspections of AWTS systems on cruise ships in Alaska in 2004, 17 of 42 had levels of ammonia that did not meet the Alaska water quality standards and 25 of 42 had levels of ammonia, nitrates or other nitrogen-containing compounds that surpassed the water quality standards for ammonia.2 Potential Impacts of Discharge from AWTS Monitoring of effluent from certified MSDs indicates that not all of them meet the USCG standards for which they are certified.56 In the Main Hawaiian Islands, high nutrient levels (which may result from improperly functioning AWTS systems as well as effluent from less stringently treated sewage) are known to encourage algal blooms, which can out compete and overgrow living corals. Algal blooms have been a recurring problem on reef flats off the southern and western coasts of Maui for over 10 years.57 C. Graywater There are no international rules or guidelines regarding graywater discharge. Data published by the State of Alaska indicated that untreated graywater discharge frequently exceeded standards set for treated sewage effluent. It has consistently tested high for fecal coliform contamination and may also be contaminated with infirmary waste such as blood and pharmaceuticals, spa and beauty salon waste and other hazardous wastes. Graywater has the potential to cause environmental impact because it contains significant concentrations of nutrients that contribute to algal bloom and deoxygenate 55 http://www.Hawaii.gov/health/about/rules/11-54.pdf 56Alaska Department of Environmental Conservation, Interim Cruise Ship Sampling Data Summary, September 6, 2001 http://www.dec.state.ak.us/water/cruise_ships/pdfs/interimsumm090601.pdf 57 DA Gulko, JE Maragos, AM Friedlander, CL Hunter & RE Brainard, 2000. The Status of Coral Reefs in the Hawaiian Archipelago. Mayor’s Cruise Ship Task Force Appendix M Regulations Governing Waste Streams on Ships marine waters. The EPA is developing standards for discharges of sewage and graywater from large cruise ships operating in the waters in and near Alaska. D. Hazardous Waste The IMO or MARPOL guidelines for hazardous waste do not apply to large passenger vessels. Conservative estimates indicate that on a typical one-week voyage a cruise ship generates 110 gallons of photochemical waste, 5 gallons of dry cleaning waste, 10 gallons of used paint and 5 gallons of expired chemicals and pharmaceuticals. This may be conservatively estimated to amount to 3000 lbs of waste per month. The waste item that usually determines whether a cruise ship qualifies as a large or small quantity generator of hazardous waste is photographic waste. US law permits separation of silver nitrate from photographic waste. The separated silver nitrate is disposed of as hazardous waste and the remaining liquid is considered graywater. Under these conditions most large cruise ships would be considered small quantity waste generators. In Canada a more conservative approach to environmental protection is followed. The entire photographic waste stream must be disposed of as hazardous waste. Federal Regulation – RCRA The Federal Resource Conservation & Recovery Act (RCRA) gives the EPA authority to control hazardous waste from the "cradle-tograve." This includes the generation, transportation, treatment, storage, and disposal of hazardous waste. RCRA only applies to the disposal and handling of hazardous materials being generated, handled or disposed of on land and does not apply when the materials are at sea, however there are significant penalties for disposal of hazardous waste in US marine waters. RCRA regulations apply all to “generators” of hazardous waste. It defines hazardous waste generators as anyone whose act causes hazardous waste to be generated – e.g. disposal of a material that is no longer needed. Once a waste is generated it must be identified as solid or not then identified as hazardous or not. Anyone who is disposing of a hazardous waste is considered a generator of hazardous waste and must dispose of it in accordance with RCRA regulations. When cruise ships off-load waste in US ports, they must do so with a certified contractor that has a RCRA identification number. Each cruise ship that offloads waste in US ports must also have a RCRA identification number. Foreign-flag cruise ships that visit the US must have a US “home port”. RCRA identification numbers are assigned through the EPA regional office governing the home port. Mayor’s Cruise Ship Task Force Appendix M Regulations Governing Waste Streams on Ships RCRA classifies generators of hazardous waste based on the amount of waste they must dispose of per month: conditionally exempt generators produce less than 100 kg per month. Small quantity generators produce 100 to 1000 kg (2,200 pounds or approximately 1 ton) of hazardous waste per month. Large quantity generators produce 1000 kg or more hazardous waste per month. Small quantity generators are subject to less stringent record keeping and reporting requirements and may keep waste on board up to 180 days. Large quantity generators must meet more stringent record keeping and reporting standards. They must also offload waste every 90 days or less. If all of the photographic waste generated on cruise ships is considered hazardous waste (e.g. Canadian rules, see above), all large cruise ships would all be considered large quantity hazardous waste generators according to Federal RCRA definitions. There is no single national reporting system for cruise ship offloading of hazardous waste. Currently, ships offload in ports that have the facilities and the companies to manage the waste. The only way to track whether a given ship is offloading and reporting all its waste is to get a report from each private company that has offloaded waste for that ship over a given time period. If the ship has consistently offloaded every week or two throughout the time period it might be possible to determine if they are complying with regulations regarding the various hazardous wastes they generate. State of Hawai`i regulations: State law may supercede Federal law governing hazardous waste in State waters if the State regulations are more stringent than Federal regulations. If Federal regulations are more stringent, they are applicable. In some cases Hawai`i law is stricter than Federal regulations governing hazardous waste disposal. Enforcement of hazardous waste violations by the State of Hawai`i can occur through administrative procedures, civil court action or criminal court action (if the intent to pollute can be proven). E. Solid Waste International Rules and Federal Regulations MARPOL Annex V includes regulations for managing “garbage” from ships. Compliance with Annex V is required by the US law and is mandatory. It requires that all ships certified to carry 15 persons or more have a garbage management plan, with written procedures for collecting , storing, processing and disposing of garbage, including the use of equipment on board. Ships must also provide a garbage record book, to record all disposal and incineration operations. The date, time, position of ship, description of the garbage and the estimated amount incinerated or discharged must be logged and signed. The books must be kept for a period of two years after the date of the last entry. Food waste (particles no larger than 25 mm or 1 inch in diameter) may be discharged at or beyond 3 nautical miles (3.4 statutory miles) from the coast. Mayor’s Cruise Ship Task Force Appendix M Regulations Governing Waste Streams on Ships Disposal of plastics into the sea is prohibited by MARPOL Annex V and US law. F. Oily Bilge In addition to oily substances, bilge water may contain solid waste such as, rags, metal shavings, paint, glass and cleaning agents. A typical cruise ship generates approximately 25,000 to 45,000 gallons of oily bilge water per week. Oily bilge water is processed resulting in “water” (which may be discharged as effluent, if it meets Federal regulations) and also in “oily sludge”. International rules and Federal regulation prohibit the discharge of oily sludge in any marine waters world wide. The Federal CWA prohibits discharge of oily materials within 12 miles of shore unless the oil content is less than 15 ppm and the discharge does not leave a visible sheen on the ocean surface. This is identical to MARPOL (international) rules cited in Appendix III of the Hawai`i MOU. The Hawai`i MOU states that NWCA member lines will follow USCG regulations regarding oily bilge water. USCG regulations require ships to keep oil record books and detail specifics about what information must be recorded in these books and under what conditions information must be recorded. G. Ballast Water Since 1988 the IMO has recognized discharge of ballast water as a hazard for spreading harmful aquatic organisms. The EPA estimated the economic cost of aquatic invasive species alone to be over $5 billion per year nationally. In February 2004 the IMO adopted an International Convention for Control and Management of Ships’ Ballast Water and Sediment. It specifies that ships must have certified plans for ballast water management, establishes mechanisms for certification and inspection, requires record keeping, etc. It also requires that ports and terminals where cleaning or repair of ballast tanks occurs have adequate facilities for receiving ballast water sediments. The IMO recommends ballast water exchange at least 200 nautical miles from shore and in water at least 200 meters (over 650 feet) deep. It specifies that in any case it should occur at least 50 nautical miles from land and in water 200 meters deep. It further recommends that ships maintain designated ballast water exchange areas on board (i.e. refrain from transferring ballast water into tanks that may also contain bilge water or graywater) when these provisions cannot be met. (Appendix K, Federal NISA regulations. APPENDIX N COMPARISON OF MOUs: FLORIDA, HAWAI`I AND WASHINGTON Florida Hawai`i Washington Requires monthly sampling of effluent by state certified labs and specifies what must be measured. Prohibits sold waste discharge in state waters. Florida and the FCCA/ICCL understand that the USCG has federal jurisdiction over environmental matters. Hawai`i and the NWCA understand that the USCG has federal jurisdiction over environmental matters. Washington and the NWCA understand that the USCG has federal jurisdiction over environmental matters. USCG has developed guidelines relating to inspection of waste management practices and procedures which have been adopted by the cruise industry. Florida may request and inspect all records for cruise vessels entering Florida territorial waters. USCG has developed guidelines relating to inspection of waste management practices and procedures which have been adopted by the cruise industry. Mayor’ 139 Florida, FCCA, and ICCL were at one time working with the EPA to develop a national practice of assigning EPA identification numbers waste to hazardous generators. Florida shall have the right to inspect all such records upon request. The ICCL and NWCA was at one time working with EPA developed national practice for assigning EPA identification number to hazardous generators. Washington shall have the right to inspect all such records upon request. The ICCL and NWCA was at one time working with EPA developed national practice for assigning EPA identification number to hazardous generators. Washington shall have the right to inspect all such records upon request. s Cruise Ship Task Force Appendix N Mayor’s Cruise Ship Task Force Appendix N Florida Hawai`i Washington The FCCA and ICCL have adopted a uniform procedure for the application of RCRA to cruise vessels entering Florida. Florida accepts these procedures. FCCA/ICCL agrees to provide an annual report. RCRA records shall be available to Florida upon written request. The NWCA has adopted a uniform procedure for the application of RCRA to cruise vessels entering Hawai`i. Hawai`i accepts these procedures. NWCA agrees to provide an annual report. RCRA records shall be available upon written request. The NWCA has adopted a uniform procedure for the application of RCRA to cruise vessels entering Hawai`i. Hawai`i accepts these procedures. NWCA agrees to provide an annual report. RCRA records shall be available upon written request. NWCA agrees to follow Washington guidelines for hazardous waste handling where they differ from EPA guidelines. Florida recognizes that waste management practices are undergoing constant assessment and evaluation. Understood it will be an ongoing process. All parties agree to continue to work with each other. Hawai`i recognizes that waste management practices are undergoing constant assessment and evaluation. Understood it will be an ongoing process. All parties agree to continue to work with each other. Washington recognizes that waste management practices are undergoing constant assessment and evaluation. Understood it will be an ongoing process. All parties agree to continue to work with each other. NWCA acknowledges its operating practices are required to comply with Marine Mammal Protection Act and the Invasive Species Act. NWCA acknowledges its operating practices are required to comply with Marine Mammal Protection Act and the Invasive Species Act. Florida Accepts the ICCL industry standard E-01-01, titled Cruise Industry Waste Management Practices Hawai`i Accepts the ICCL industry standard E-01-01, titled Cruise Industry Waste Management Practices Washington Accepts the ICCL industry standard E-0101, titled Cruise Industry Waste Management Practices FCCA and ICCL agree to discharge wastewater outside of Florida territorial waters. Such practices meet or exceed standards set forth in Florida laws and regulations. Discharge of wastewater is prohibited within four miles of the coastline, except ships that have an advanced wastewater treatment system. Those ships may discharge beyond one mile from the coastline. Prohibits untreated black- or graywater discharge in state waters, except ships that have an advanced wastewater treatment system. Those ships may discharge beyond one mile from the coastline. Requires ships to submit documentation on treatment systems and certification if applicable. Requires monitoring device for effluent quality, automatic shut down and alarm system Requires ultraviolet light treatment of effluent immediately prior to discharge http://www.iccl.org/resources/fdep_mou.cfm http://www.hawaii.gov/health/about/admin/health/environmental/env-planning/pdf/nwcruiseship-newmou.pdf http://www.ecy.wa.gov/programs/wq/wastewater/cruise_mou/ Mayor’s Cruise Ship Task Force Appendix N APPENDIX O COMPARISON OF ALASKA & CALIFORNIA LEGISLATION WITH THE HAWAI`I MOU Alaska - Legislation California - Legislation Hawai`i - MOU Air Emissions Provides for state monitoring of opacity air emissions from cruise vessels. Prohibits cruise ships from conducting onboard incineration while operating within 3 miles of the coast. Ships self monitor emissions and will not incinerate in port or within 1,000 yards of coastline. Ships may run diesel engines, electric generators, desalination plants within 1,000 yards of coast or in port. Treated Sewage Effluent Prohibits sewage effluent not meeting "Alaska Standards" in state waters. Requires monitoring, record keeping and reporting of all discharged wastewater including treated sewage effluent. Ships fees go to a compliance fund which supports State regulatory activities. Prohibits sewage sludge discharge in state waters or marine sanctuaries. All sewage sludge must be off loaded from ships. Violators must notify state within 24 hours of the date, time, location, volume and source of the release and remedial actions taken to prevent further violations. Civil penalties up to $25,000 may be imposed for each violation.* Permits discharge of treated sewage effluent meeting the "Alaska Standards" (Appendix IV) into waters 1 mile beyond the coastline while traveling at 6 knots or more. Graywater Prohibits graywater discharge not meeting "Alaska Standards" in state waters. Requires monitoring, record keeping and reporting of all discharged wastewater including treated sewage effluent. Ships fees go to a compliance fund which supports State regulatory activities. Prohibits discharge of graywater in state waters or marine sanctuaries. Violators most notify the state within 24 hours of the date, time, location, volume and source of the release and remedial actions taken to prevent further violations. Civil penalties up to $25,000 may be imposed for each violation. NWCA member lines have agreed that graywater will only be discharged outside the HMA and at a speed of 6 knots or greater except in emergencies or where geographically limited. Mayor’s Cruise Ship Task Force Appendix O *The federal government has sole authority to prohibit sewage discharge. California has applied to the EPA for permission (already granted to Alaska) to establish sewage discharge regulations within state waters and national marine sanctuaries. Alaska - Legislation California - Legislation Hawai`i - MOU Hazardous Waste If ships are handling or disposing of a hazardous material in Alaskan waters whose handling must be documented to US or Canadian authorities, duplicate documentation must be provided to the state. Prohibits discharge of all hazardous materials in state waters or marine sanctuaries. Violators most notify the state immediately of the date, time, location, volume and source of the release and remedial actions taken to prevent further violations. Civil penalties up to $25,000 may be imposed for each violation. State has agreed to procedure adopted by NWCA member lines to apply RCRA standards. NWCA lines agree to provide annual reports to the state regarding hazardous wastes offloaded from each cruise vessel in Hawaii. Solid Waste Requires all passenger vessels to submit plans for offloading solid, nonhazardous waste. Requires vessels to submit plans for offloading solid, nonhazardous waste. MOU states that ships will reuse and recycle solid nonhazardous waste to the extent feasible, comply with MARPOL Annex V when it must discharge it into marine waters and when offloading solid waste will do so in compliance with state and local laws. Oily Bilge Water or Sludge Cruise lines agree to abide by federal standards prohibiting discharge of oily materials within 12 miles of shore unless the oil content is less than 15 ppm and the discharge does not leave a visible sheen on the ocean surface. Prohibits discharge of oily bilge or sludge in state waters or marine sanctuaries. Violators most notify the state within 24 hours of the date, time, location, volume and source of the release and remedial actions taken to prevent further violations. Civil penalties up to $25,000 may be imposed for each violation. Cruise lines agree to abide by federal standards prohibiting discharge of oily materials within 12 miles of shore unless the oil content is less than 15 ppm and the discharge does not leave a visible sheen on the ocean surface. Mayor’s Cruise Ship Task Force Appendix O Alaska 2004 Statutes: Title 46. Water, Air, Energy, And Environmental Conservation, Chapter 46.03. Environmental Conservation, Sections: 46.03.462, 463, 465, 470, 475, 480, 482, 485, 487, 488, 490 California Public Code: Public Resources Code sections 72400, 72420-72425, 72440-72442, 72500, 72505,72520-72525, 72540-72542 http://www.hawaii.gov/health/about/admin/health/environmental/env-planning/pdf/nwcruiseship-newmou.pdf Mayor’s Cruise Ship Task Force APPENDIX P WASTE MATERIALS ON CRUISE SHIPS Large passenger vessels generally discharge over 100,000 gallons of wastewater daily. They generate significant volumes of other waste materials and dispose of these on shore, by incineration and/or releasing them into the ocean. The following wastes have been identified on board vessels. Waste Materials on Cruise Vessels Nonhazardous Hazardous Air emissions Batteries (lead, corrosives, cadmium) Bilge water Disposable lighters (solvents) Ballast water Dry cleaning sludge (perchloroethylene) is a carcinogen that causes birth defects. Small amounts are toxic to aquatic animals. Cardboard and paper products Cleaning agents Expired medicines/drugs Fluorescent light bulbs (mercury) Food wastes Insecticides Glassware, bottles and crockery Medical Waste Graywater Oil spray cans Incinerator residue Paint waste and solvents (toluene, xylene, benzene, turpentine, etc.) Miscellaneous garbage Miscellaneous spray cans Photo lab waste (silver) Oil filters Print shop waste (hydrocarbons, chlorinated hydrocarbons, heavy metals)Oily sludge and slops Oily waste Printer cartridges Plastics, vinyl, styrofoam Spa and salon waste (dyes, peroxides, bleach, solvents)Scrap metals Sewage or blackwater Swimming pool chemicals Used oil Used sand or bead blasting residue Mayor’s Cruise Ship Task Force APPENDIX Q MARINE SANITATION DEVICES Marine Sanitation Devices Sewage Treatment Device Vessel Length Standard Type I- Flow- through device (maceration and disinfection) Up to 65 feet The effluent produced must not have a fecal coliform bacteria count greater than 1000 per 100 milliliters and have no visible floating solids. Type II- Flow- through device (maceration and disinfection) Longer than 65 feet The effluent produced must not have a fecal coliform bacteria count greater than 200 per 100 milliliters and suspended solids not greater than 150 milligrams per liter. Type III- Holding tank Any length This MSD is designed to prevent the overboard discharge of treated or untreated sewage. Type I MSDs rely on maceration and disinfection for treatment of the waste prior to its discharge into the water. Type II MSDs are similar to Type I devices. However, the Type II devices provide an advanced form of waste water treatment and discharge wastes with lower fecal coliform counts and reduced suspended solids. Type III MSDs are commonly called holding tanks because the sewage flushed from the marine head is deposited into a tank containing deodorizers and other chemicals. The contents of the holding tank are stored until it can be properly disposed of at a shore- side pump out facility. (Type III MSDs can be equipped with a discharge option, usually called a Y-valve, which allows the boater to direct the sewage from the head either into the holding tank or directly overboard. Discharging the contents directly overboard is legal only outside US territorial waters, 3 or more nautical miles from shore.)58 58 http://www.epa.gov/owow/oceans/regulatory/vessel_sewage/vsdmsd.html