Cruise Industry Regulation

Transcription

1 Cruise Industry Data Visualization Robust. Accountable. Clearly Defined. Clear, legible text. Clarity of information is top priority, iconography and visual elements are secondary. Data Visualization We can say without A MULTI-LAYERED hesitation that the SYSTEM lines of authority CRUISE LINE REGULATION for overseeing OF OVERSIGHT and enforcing cruise industry A MULTI-LAYERED SYSTEM regulation are clear and robust INTERNATIONAL Jim Hull, U.S. Vice COAST Admiral, US Coast COUNTRIES Guard & OF CLASSIFICATION 01. MARITIME Tim Sullivan, Rear Admiral, US Coast Guard (Ret.) 02. GUARD 03. REGISTRATION 04. SOCIETIES ORGANIZATION and other U.S. Authorities: INTERNATIONAL U.S. COAST flag states / CDC / FBI / COUNTRIES Customs / OF CLASSIFICATION insurers and other U.N. Agencies: MARITIME GUARD REGISTRATION SOCIETIES / ILO / WHO / ORGANIZATION and other U.S. Authorities: flag states insurers / CDC / FBI / Customs / and other U.N. Agencies: Ensures registered Inspect on behalf of Inspects and / ILO / WHO / ships meet international insurers to determine Day-to-day cruise Sets operations comprehensive are tightly enforces regulated Ensures compliance with registered rigorous requirements Inspect on behalf of Inspects and that ships are Sea W standards governing with all International ships meet international insurers to determine enforcement Sets comprehensive by outside authorities. enforces compliance and managed respon all aspects of cruise and Domestic requirements laws that ships are Sea Worthy standards governing with all International ship Performance and Domestic laws and regulations and managed responsibly all aspects of cruise ship Performance and regulations and Local Regulator s By 1 FACT U.S. Enforcement Global Enforced CRUISE LINE REGULATION Clear, legible text. Clarity of information is top priority, iconography and visual elements are secondary. Regulates safety, security, Safety Standards Regulates U.S. safety, Coast security, Guard Detains Ships when crew-member protections, International Maritime environmental Country standards serious violations of Registration for crew-member protections, serious violations design, construction and health and environmental Organization (IMO) Class Societies (Auditors) health and environmental performances performances are found Crime Prevention FBI & U.S. Coast Guard International Maritime Country of Organization Registration Environmental U.S. Coast Guard & the International Maritime Country of Protection Environmental Protection Agency Organization Registration Health and Centers for Disease Control World Health Sanitation and Prevention Organization OF OVERSIGHT Regularly inspects ships to Regularly inspects ships to ensure Compliance ensure Compliance Detains Ships when Provide Safety and are found operation Crewmember U.S. Federal Statutes & International Labour Country of Registration, Protection U.S. Coast Guard Organization (ILO) Labour Unions & Federal Courts Provide Safety and environmental standards design, construction and operation

2 2 FACT Cruise ships are subject to a comprehensive system of oversight. International Port States Countries of Classification Regulators Societies : Registration (Flag States) By the Numbers International Maritime Organization, International Labour Organization, and World Health Organization Set comprehensive standards for safety, security, crewmember protections, health, and environmental performance. In the U.S.: U.S. Coast Guard, CDC, EPA, FBI, Customs and Border Protection Inspect and enforce compliance with all applicable international and domestic laws and regulations. And if serious violations are found, ships are detained. Ensure that registered ships meet international requirements. Also inspect ships on a regular basis to make sure they are compliant. Insurers & Other Members of the Maritime Community Set strict safety and environmental guidelines for design, construction, and operation. Conduct inspections on behalf of the flag states, insurers, and other members of the maritime community ensure ships are sea worthy and managed responsibly. FACT The U.S. Coast Guard and other American agencies are the primary U.S. regulators and enforcement authorities for cruise 3:ships that call at U.S. ports. The U.S. Coast Guard can inspect any ship entering or leaving U.S. ports to make certain they comply with every single applicable international and U.S. law, regulation, and treaty. There are no exceptions. Ships are met with dozens of announced and unannounced inspections by the U.S. Coast Guard, the Centers for Disease Control and Prevention, and U.S. Customs and Border Protection each year. Regulatory agencies have authority to take enforcement action for any serious violations. Other nations have the same authority to regulate and inspect cruise ships entering their waters. Dozens: Safety, security, health, and environmental inspections for each ship, every year Thousands: Hours of surveys and inspections by classification societies and regulators before a ship is launched Every day: An inspector is present at a shipbuilding site 170: Member states of the International Maritime Organization 185: Member states of the International Labour Organization FACT Cruise industry regulations are constantly reviewed and 4:improved by international experts and authorities. The IMO continually reviews and updates regulations on an annual basis. IMO committees and sub-committees (charged with developing standards and requirements on safety, the environment, and other key maritime issues) meet throughout the year. The regulatory environment is constantly evolving to adapt to change. Recent improvements include: The ILO Maritime Labour Convention: As of 2013, all cruise ship crewmembers are afforded more robust worker protection. Cruise Vessel Security and Safety Act: In 2010, tough standards were established for crime investigation and reporting and coordination between law enforcement agencies for ships that call at U.S. ports. IMO s Emission Control Areas (ECAs): Starting in 2010, stricter controls were put on emissions in designated ECAs, including waters off North American coastlines. 1.2 million: Seafarers and cruise ship crewmembers protected by the ILO Maritime Labour Convention 100: Percent of ships that call on U.S. ports subject to U.S. regulation and enforcement The Cruise Lines International Association (CLIA) is the world s largest cruise industry trade association. CLIA represents the interests of cruise lines, travel agents, port authorities and destinations, and various industry business partners before regulatory and legislative policy makers.

3 Cruise Industry QA & Not only is the industry fulfilling its obligations to Robust. Accountable. Clearly Defined. deliver voluntary commitments but..it is also engaged in proactive and responsible relationships with regulators across the globe. Willem de Ruiter, Former Head and Executive Director of the European Maritime Safety Agency, and member of the CLIA Independent Panel of Experts Q. Who regulates cruise lines? A. A number of agencies keep a very close eye on the cruise industry. The main international regulatory body is the International Maritime Organization (IMO), which oversees and regulates the safety, security, and environmental aspects of cruise ships. The International Labour Organization makes sure that crewmembers are provided with appropriate working conditions. Other agencies, including the U.S. Coast Guard, Centers for Disease Control and Prevention, and the Environmental Protection Agency have full authority to regulate and enforce compliance for ships entering or departing from U.S. ports. Q. How are these regulations enforced? A. Cruise ships are subject to three robust layers of inspection and enforcement in addition to international law: 1. Port States: Any country whose ports or waters are visited by a cruise ship has full authority to make sure it follows international, national, and local regulations. For instance, U.S. agencies like the Coast Guard, FBI and the CDC have primary responsibility for keeping a vigilant eye on ships entering or leaving its ports. 2. Countries of registration: The country where a cruise ship is registered, or Flag State, must make certain ships meet all standards and regulations set by the IMO, as well as its own national laws. Flag States also are charged with carrying out regular inspections and reviews. 3. Classification societies: Independent agencies that inspect cruise ships on behalf of cruise ship owners and insurers, Flag States, and other members of the maritime community. Classification societies are the most commonly accepted manner of ensuring design, construction, and operations meet international regulations, Flag State laws, and any additional guidelines and requirements implemented by the classification society itself.

4 Q. How often are international regulations updated? A. They are constantly reviewed and updated so that improvements can be implemented quickly and effectively. The IMO reviews regulations continuously in committee meetings, general session, and extraordinary session if the situation calls for it. National regulators also regularly review and update the rules governing cruise ship operations. Q. What authority does the U.S. have to enforce regulations? A. When it comes to the United States, the Coast Guard is the main regulator and enforcement agency for cruise ships. Every year, cruise ships visiting U.S. ports are subject to dozens of announced and unannounced inspections by the U.S. Coast Guard, the Centers for Disease Control and Prevention, the U.S. Customs & Border Protection, and other enforcement and inspection agencies. At any time, the local Coast Guard Captain of the Port can prevent any cruise ship from departing if a serious violation of any regulation is discovered. Q. Do other nations have similar oversight powers for cruise ships? A. Yes. Every Port State has the power to inspect and enforce regulations. A Port State may work with other governments to inspect a ship, offering the chance to remedy deficiencies in port, address them upon arrival at the next destination or require that deficiencies be solved before leaving port. In extreme cases they may prevent the ship from leaving port entirely. Q. Where can I find resources on the different types of regulations? A. You can visit CLIA s website for the cruise industry s Regulatory Policies and the IMO s website for Passenger Ship s. Updated amendments to the International Convention for the Safety of Life at Sea (SOLAS) and the U.S. Code and Code of Federal s Specific to Cruise Ships are also available online. The Cruise Lines International Association (CLIA) is the world s largest cruise industry trade association. CLIA represents the interests of cruise lines, travel agents, port authorities and destinations, and various industry business partners before regulatory and legislative policy makers.

5 CRUISE INDUSTRY REGULATION & OVERSIGHT Cruise ships are part of a comprehensive system of regulation, enforcement, and inspection that protects passengers, crew, and the environment. Port States U.S. COAST GUARD, CDC, EPA, FBI, CUSTOMS & BORDER PROTECTION Review ship designs and issue safety certification before the ship sails. Conduct announced and unannounced inspections and enforce compliance with all international and domestic laws and regulations. Detain ships if serious violations are found. Countries of Registration FLAG STATES Ensure that registered ships meet national and international requirements. International Maritime Organization & International Labour Organization Set comprehensive standards for cruise ship, including safety, security, crewmember protections, and environmental practices. Classification Societies Set safety and environmental rules and guidelines and provide oversight for ship design, construction, and operation. Conduct inspections and surveys on behalf of flag states, insurers, and other members of the maritime community to make sure ships are seaworthy and managed responsibly. The Cruise Lines International Association (CLIA) is the world s largest cruise industry trade association. CLIA represents the interests of cruise lines, travel agents, port authorities and destinations, and various industry business partners before regulatory and legislative policy makers.

6 Cruise Industry Robust. Accountable. Clearly Defined. Lax regulations of cruise lines is a myth By Vice Adm. Jim Hull and Rear Adm. Tim Sullivan U.S. Coast Guard (Ret.) As seen in Travel Weekly on October 7, 2013 In recent months, the cruise industry has been the subject of much discussion most of it uninformed in the wake of a few high-profile incidents. Legislation has even been introduced in Congress that would apply yet another layer of regulation and red tape to the industry. One of the prevailing myths behind this legislation is that the cruise industry is unregulated and unaccountable. As former U.S. Coast Guard admirals with more than 70 years of combined service, we re in a position to report that, like other myths, this one is completely false. Throughout our careers, we had extensive experience directly overseeing ships entering or departing U.S. waters, including cruise ships, and enforcing one of the strictest maritime regulatory systems in existence. Effective regulation starts with the International Maritime Organization (IMO), a global regulatory body that establishes uniform international regulations for the maritime industry, covering everything from the design of ships and the training of crewmembers to operational safety rules and environmental protection standards. Every cruise ship in the world, regardless of where it s flagged or where it visits, must adhere to IMO regulations. Some critics of the industry have called the IMO a paper tiger because it only adopts regulations, with no ability to enforce them. But that s a little like referring to Congress as a paper tiger because it depends on the executive branch to enforce the laws it passes. In a similar fashion, the IMO relies on the Coast Guard in the U.S., and its counterparts in other flag states, to enforce its rules and regulations. In addition, any country whose ports or waters are visited by a cruise Image: The Cruise Lines International Association (CLIA). One of the strictest maritime regulatory systems in existence. ship can enforce its own national regulations on top of all IMO regulations. In practice, the U.S. Coast Guard enforces all international and federal safety, security and environmental regulations governing the cruise industry. This authority applies regardless of where a ship is flagged. The notion that a cruise ship can evade scrutiny by flying a non-u.s. flag is a complete falsehood. As Coast Guard officers rise through the ranks, they receive specific training and acquire handson knowledge resulting in deep expertise

7 related to the maritime industry, including cruise ship operations. By the time a Coast Guard officer achieves the position of captain of a port, he or she has typically accumulated 20 to 25 years of experience in this highly specialized field. In order to ensure the highest levels of cruise ship safety, the Coast Guard established the Cruise Ship National Center of Expertise in The center s sole purpose is to constantly raise the competence and capabilities of Coast Guard officers through continued education, training and research specific to cruise ship oversight. Each year, every ship undergoes a comprehensive examination that enables the Coast Guard to assess both the operating condition of the ship and the capabilities of the crew. Coast Guard officials also put crews through performance tests, including fire drills, collision drills and lifeboat drills, to name a few. These rigorous annual examinations are supplemented by periodic additional examinations and random spot inspections as ships visit U.S. ports. During these spot inspections, the Coast Guard examines crew-training logs to ensure that crew members have thoroughly practiced their duties. In addition, pollution logs are inspected to certify that environmental standards are being met. Of course, the Coast Guard doesn t just rubberstamp a ship s logs; it also relies on leading technologies such as satellite surveillance and infrared technology to monitor ships in real time. If Coast Guard inspectors find a ship or crew that fails to meet regulatory standards in any area, it can take a variety of actions. Possible penalties range from prohibiting a vessel from leaving port to imposing substantial fines for noncompliance. Even ships operating outside U.S. waters fall under Coast Guard scrutiny. For example, any incidents involving a U.S. citizen or a ship that embarked or disembarked passengers at a U.S. port must be reported to the Coast Guard. And it s not just the U.S. Coast Guard that enforces such regulations. Indeed, the global cruise industry is subject to aggressive regulations enforced worldwide by highly trained professionals who take their oversight responsibilities seriously. Both of us have taken our families on cruises, and, just like every other passenger, we expect a safe, professional and fun experience. Knowing how seriously the Coast Guard views its job when it comes to cruise ship safety gives us a great deal of confidence, and we will take our families on future cruises without reservation. While additional scrutiny of any industry is always in order, it is important for the public and policy makers to have all the facts about the strict regulatory safeguards that are in place to ensure a safe experience for cruise line passengers. James D. Hull retired from the Coast Guard with the rank of vice admiral and currently serves as an independent consultant to numerous companies in homeland security, defense and emergency response. During his 35-year Coast Guard career, he served in several positions, culminating in his role as commander of the Atlantic Area and of the Maritime Defense Zone Atlantic. Tim Sullivan retired from the Coast Guard in 2011 with the rank of rear admiral and is now a principal at Cutterman, a maritime consulting and communications company. In his 36 years with the Coast Guard he served as commander in charge of Coast Guard Force readiness, deputy commander of Pacific Area, as well as commander of the First U.S. Coast Guard District (Boston). The Cruise Lines International Association (CLIA) is the world s largest cruise industry trade association. CLIA represents the interests of cruise lines, travel agents, port authorities and destinations, and various industry business partners before regulatory and legislative policy makers.