Seatrade Cruise News reports that Royal Caribbean and Celebrity Cruises recently settled all claims related to alleged violations of the Alaska Marine Visible Emissions Standards that occurred over an earlier five-year period on certain ships.
Last year, we reported that the Alaska Department of Environmental Conservation issued notices of violation to a number of cruise lines, including Royal Caribbean and Celebrity, for a pollution violations over the past five years. In addition to Royal Caribbean and Celebrity Cruises, NCL, Carnival, Holland America, Princess, and Silversea violated the Alaskan emission standards.
In its most recent annual report, Royal Caribbean stated that the cruise line had settled the claims pursuant to a compliance order by consent this month for an undisclosed amount. and performing certain remedial actions.
As we mentioned in our article last April, Alaska issued 18 notices of violation involving 48 instances of excessive air emissions against a host of cruise lines since 2010,. Each violation of law carries a fine of approximately $37,500.
The $40,000,000 fine levied against Princess Cruises last week raises the issue of what cruise executives knew about the illegal dumping of oil-contaminated waste from the Caribbean Princess cruise ship and the other illegal practices which took place on the Star Princess, Grand Princess, Coral Princess and Golden Princess.
As the Department of Justice (DOJ) points out, this is not an isolated case involving a rogue ship employee. The criminal misconduct took place for eight years from 2005 to 2013 (involving the Caribbean Princess) and involved several other cruise ships as well. According to the DOJ, the illegal conduct included not only the "magic pipe" to circumvent the oily water separator on the Caribbean Princess but involved other other illegal practices on the Caribbean Princess as well the Star Princess, Grand Princess, Coral Princess and Golden Princess.
The DOJ suggested that the pollution crimes committed by Princess were motivated by avoiding the costs associated with properly offloading the oily waste in port. The DOJ says that subordinate engineers on the Caribbean Princess nicknamed the chief engineer (responsible for using the "magic pipe" to discharge oily waste in August of 2013) “braccino corto” (a person with short arms), which the DOJ explained is "an Italian expression for a cheap person whose arms are too short to reach his wallet."
According to the DOJ, some Princess engineers expressed the same opinion of the Princess shore-side superintendent.
Princess Cruises' reaction to the DOJ charges seems designed to isolate its shore-side managers and executives from direct responsibility. Although it admitted that its ship employees' conduct was "inexcusable," and that its oversight was "inadequate," it denied that its management in its headquarters knew anything illegal was occurring before August 2013.
Gauging from comments on social media, the public seems skeptical.
"Of course management knew. Why would a lowly worker come up with this idea? He could care less because he gets paid the same whether or not they follow regulations. Corporate wanted to save time and money . . . "
"Typical cutting corners to increase profits while exploiting foreign workers who work for paupers wages."
"Something this significant, all top executives had to have known. It takes money and time to dispose of waste. Were there no questions when time was dramatically saved and cost of waste management decreased drastically? Come on...."
A reader of our Facebook page commented:
"Financial penalties like this are a drop in the ocean for a company the size of Carnival; but does anyone up the chain get jail time? I work in the cruise industry, and I (we) don't need arrogant (executives) who are looking for their next bonus for "cost savings" thinking that international waters are their big dumping ground."
The purpose of an illegal "magic pipe" is to save costs. Pursuant to international requirements, oily bilge water from a cruise ship must be treated to the point that the oil content is below 15 parts per million before it is can be discharged into the ocean. The oil-water separators (OWS) are expensive to maintain and operate. The oil that is separated from the bilge water must be stored and then offloaded from the ship onto barges or pumped ashore to be incinerated at licensed facilities. But the "magical pipe" avoids the costs associated with maintaining the OWS and removing and disposing of the waste products.
Like other cruise lines, Carnival Corporation places considerable pressure on all its brands to reduce costs. The costs associated with the operation of a ship are carefully scrutinized and analyzed from ship to ship. A significant variation in costs between a ship offloading and disposing oil compared to a ship dumping oil at sea via a "magic pipe" should be readily observed by any corporation. It is doubtful that the low waste disposal costs of the Caribbean Princess, compared to a ship with a functioning oil water separator (OWS), didn't come to the attention of the shore-side managers as well as those in the company and parent corporation who audit the costs of operating the cruise line's fleet of cruise ships. My opinion is that someone on the corporate side probably knew what was really happening on one of the company's $500 million ships, or perhaps they turned a blind eye toward the monkey business.
The closest that the DOJ will come to holding the cruise executives responsible is saying that the illegal discharge "was the result of more than just bad actors on one ship. It reflects very poorly on Princess’s culture and management."
This slap on the wrist ignores the fact that when the Caribbean Princess started its eight years of discharging oily wastes into the oceans, Carnival was still on probation following a fine of $18,000,000. In 2002, as part of its felony plea agreement, Carnival and its "subsidiaries and operating companies" were required to undertake a five year court-supervised environmental program involving every "cruise ship and shoreline facility in the U.S. and abroad." Carnival was required to " . . . hire new personnel and managers, whose sole responsibilities . . . [were] to ensure compliance with local, state, federal and international environmental requirements . . . (and) subject their operation to an independent auditor, approved by the government."
Princess Cruises was not yet owned by Carnival in 2002 but Carnival took ownership and control of Princess Cruises the following year. It is less than clear whether Carnival took steps to ensure that Carnival-owned ships operated by its subsidiary Princess Cruises complied with the 2002 consent agreement with the DOJ after Princess Cruises came under Carnival's control in 2003 when Carnival was beginning the DOJ probation period. Regardless, shortly after it started service, the Caribbean Princess began a course of criminal conduct until 2013 which would make the ship's engineers the poster-children of maritime environmental criminals.
Is the public really expected to believe that the executives at Carnival or Princess didn't know anything about the cost-saving criminal conduct over the course of nearly a decade?
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Some people people have suggested that president Jan Swartz should resign but she was not the executive at the helm of Princess during the 2005 - 2013 time period. She worked for Princess as a vice president in sales, marketing, business development and customer service for some of the years in question before leaving the cruise line. She returned to Princess as the top CEO in December 2013, replacing President and Chief Executive Officer (CEO) Alan Buckelew who had been the Chief Executive Officer of Princess Cruises from June 2007 to November 2013 and its President from February 2004 to November 2013, as well as the Chief Operating Officer of Carnival since December 1, 2013. Perhaps Swartz's return to the cruise line was part of the reshuffling that took place after the illegal "magic pipe" was reported to the U.K. Maritime & Coastguard Agency (MCA) a few month earlier?
Photo Credit: Caribbean Princess in the Caribbean heading for Miami - Cruiser1210 - CC BY-SA 3.0, commons / wikimedia.
Multiple news sources are reporting that the U.S. Department of Justice (DOJ) will fine Princess Cruises a record $40,000,000 for polluting the seas and trying to cover it up. Princess Cruises will plead guilty to seven felony charges of illegally dumping oil-contaminated waste from the Caribbean Princess cruise ship which sailed to numerous U.S. states (Florida, Maine, Massachusetts, New Jersey, New York, Rhode Island, South Carolina, Texas and Virginia) and two territories (U.S. Virgin Islands and Puerto Rico).
According to the DOJ, the Caribbean Princess had been illegally discharging oil since 2005 using bypass equipment, sometimes called a "magic pipe," to circumvent pollution-prevention equipment that separates oil and monitors oil levels in the ship's water.
We previously mentioned that the DOJ joined an investigation being conducted by the U.K. Maritime & Coastguard Agency (MCA) which had been initiated in August 2013.
The DOJ says that "in addition to the use of a magic pipe to circumvent the oily water separator and oil content monitor required pollution prevention equipment, the U.S. investigation uncovered two other illegal practices which were found to have taken place on the Caribbean Princess as well as four other Princess ships – Star Princess, Grand Princess,Coral Princess and Golden Princess. One practice was to open a salt water valve when bilge waste was being processed by the oily water separator and oil content monitor. The purpose was to prevent the oil content monitor from otherwise alarming and stopping the overboard discharge. This was done routinely on the Caribbean Princess in 2012 and 2013. The second practice involved discharges of oily bilge water originating from the overflow of graywater tanks into the machinery space bilges. This waste was pumped back into the graywater system rather than being processed as oily bilge waste. Neither of these practices were truthfully recorded in the oil record book as required. All of the bypassing took place through the graywater system which was discharged when the ship was more than four nautical miles from land. As a result, discharges within U.S. waters were likely."
U.S. investigators began to probe the ship's actions after a newly hired engineer reported an illegal dump of over 4,000 gallons of oily waste off the coast of England in August 2013 to the British MCA. The whistleblowing engineer then quit his job. Two other senior ship engineers then ordered a cover-up, called on other crew members to lie and sought to remove the "magic pipe."
According to the DOJ, following an official investigation, "the chief engineer held a sham meeting in the engine control room to pretend to look into the allegations while holding up a sign stating: “LA is listening.” The engineers present understood that anything said might be heard by those at the company’s headquarters in Los Angeles, California, because the engine control room contained a recording device intended to monitor conversations in the event of an incident."
The DOJ indicated that a perceived motive for the environmental crimes was financial – "the chief engineer that ordered the dumping off the coast of England told subordinate engineers that it cost too much to properly offload the waste in port and that the shore-side superintendent who he reported to would not want to pay the expense."
The DOJ continued: "Princess engineers on the Caribbean Princess indicated that the chief engineer responsible for the discharge on Aug. 26, 2013, was known as “braccino corto” (a person with short arms), an Italian expression for a cheap person whose arms are too short to reach his wallet. Some expressed the same opinion of the shore-side superintendent."
As part of the felony plea agreement, cruise ships from eight Carnival cruise line companies (Carnival Cruise Line, Holland America Line N.V., Seabourn Cruise Line Ltd. and AIDA Cruises) will be placed under a court supervised Environmental Compliance Program (ECP) for five years. An outside entity and a court appointed monitor will independently audit the ECP.
The DOJ statement also says that “the conduct being addressed today is particularly troubling because the Carnival family of companies has a documented history of environmental violations, including in the Southern District of Florida.” The DOJ stated "the pollution in this case was the result of more than just bad actors on one ship. It reflects very poorly on Princess’s culture and management."
Although $40,000,000 is the largest-ever criminal penalty involving deliberate vessel pollution against a single cruise line, many other other cruise lines have been fined many millions of dollars and forced to plead guilty to felonies including obstruction of justice. The actions of Princess Cruises seem to be déjà vu of the widespread oily discharges and use of by-pass pipes in the late 1990's and early 2000's.
In 2002, Carnival pled guilty to numerous felonies for discharging oily waste into the sea. Carnival reportedly routinely falsified its oil record books in order to conceal its illegal practices. The U.S. Government leveled a $18,000,000 fine and placed Carnival on probation.
In 2002, Norwegian Cruise Line (NCL) also pled guilty to a felony of routinely circumventing the oily water separator, dumping oily bilge directly into the ocean on a regular basis, and falsifying its record keeping. NCL admitted that it engaged in a practice of "systematically lying to the United States Coast Guard over a period of years." The DOJ issued a fine of only $1,500,000, primarily because NCL admitted its wrongdoing rather than lying and scheming like Carnival.
Starting in the In the late 1990's, the U.S. Coast Guard caught Royal Caribbean engaged in widespread dumping of oil and chemicals. The DOJ fined the cruise line $1,000,000. After Royal Caribbean was caught repeatedly illegally dumping oily discharges and chemicals and lying about it, the DOJ fined it $8,000,000 and then $18,000,000 for a total of $27,000,000.
In 1998, Holland America Line was fined $2,000,000 after it was caught discharging oily water without the use of an oil-water separator.
The video of the illegal "magic pipe" which Princess Cruises used to by-pass the oil-water separator device and dump oil into the oceans is at the bottom, credit to McClatchey News Services / Miami Herald.
The Instituto Brasileiro do Meio Ambiente E Dos Recursos Naturais Renováveis (Brazilian Institute of Environment and Renewable Natural Resources) (IBAMA) levied a fine of R$ 2.505 million against MSC Cruises.
Based on today's exchange rate, the fine is approximately $635,545 in U.S. dollars.
IBAMA said that MSC Cruises released garbage into the sea during a cruise between Madeira Island and the Port of Recife.
The complaint of the environmental crime was made by one of the ship's passengers who was on board the MSC ship during a cruise between November 26 to December 10, 2013.
A newspaper in the Netherlands reports that Royal Caribbean has to pay at least €600,000 in fines for violating labor rules and regulations while the Oasis of the Seas was in the Netherlands. The newspaper says that ship employees lacked proper residence papers and worked excessive hours. Some of the crew members worked "up to 16 hours per day" the inspectors found.
The newspaper explains that the Oasis was undergoing maintenance and repairs while in dry-dock in in Rotterdam last month. Inspectors at the Netherlands labor department informed Royal Caribbean Cruises in advance that when its cruise ship would be in Rotterdam it would have to adhere to Dutch rules and legislation.
According to the newspaper, when ten inspectors boarded the Oasis they found certain working conditions to be in violation of Dutch law. This lead to a second visit by 45 inspectors.
The inspections reportedly revealed that at least 48 crew members did not have proper Dutch work permits. The majority of these crewmembers were from the Philippines and South America.
The reported fine of at least €600,000 turns out to be over $760,000.The inspectors can access a fine of €12,000 per violation. The precise fine will be determined when the investigation is completed.
This fine may be an eye-opener for many people who are unfamiliar with the inner-working of the cruise industry. But it is business as usual as far as we are concerned.
When we interview Royal Caribbean crew members, without exception they tell us that the cruise line requires them to work in excess of the hours permitted by the Maritime Labour Convention. The ship employees have to arrive at work early and attend meetings but they are not permitted to clock in. When they work over 10 hours, they have to clock out and keep working. When they are pressed to work extra hours preparing for USPH inspections, they are required to work off the clock.
It remains to be seen whether Rotterdam receives any more work from Royal Caribbean in the future. Royal Caribbean has decided that the dry-dock repairs needed for sister ship Allure of the Seas will be performed in Cadiz, Spain.
Royal Caribbean has not responded to our request for a statement.
October 15 2014 Update: A Dutch law firm indicates that 77 Philippines and 8 South-Americans worked on the Oasis without a permit. With a €12,000 fine per person, the fine could amount to one million euro’s. The Dutch firm is urging Royal Caribbean to appeal the fine, claiming that there is an exception for crew members working aboard sea going vessels.
Dr. Ross Klein's Cruise Junkie and Local News Station 5 in Belize are reporting on the arrest of two cruise passengers who went ashore in Belize last week. Both young men were caught with small amounts of pot in Belize's "tourism village" and were arrested.
Even though the drug dealers will try and sell you pot and whatever else you want as soon as you step off of the cruise ship, Belize has a reputation of arresting, fining and/or jailing tourists for possession of small amounts of the evil weed.
You can get arrested for pot, even though you just bought the weed ashore. It's less than clear whether this is part of an undercover drug sting or just corrupt cops working with the dealers.
The arrests last week involve two cruise ship passengers who arrived in Belize. One passenger was from Dayton, Tennessee and the other was from Saint Martin.
The arrests occurred less than an hour before the last tender was to sail back to the passengers' cruise ship. One passenger with 4.7 grams of marijuana was fined $400. The other passenger had 8 ounces was fined $800. Both men paid their fine and rushed off to their waiting tender to make it back to the ship.
That's speedy "justice" in Belize. $1,200 in fines collected in about 45 minutes.
Cruise passengers are easy marks. No one is going to argue due process or other legal mumbo-jumbo while there is no bail for cruise passengers in Belize. It's easier to pay the fine, get back on the ship, and drink a margarita than to go to jail.
Multiple news sources are reporting that the Italian prosecutors have agreed to drop all criminal charges against Costa Cruises arising out of the Concordia disaster in exchange for a fine of only one million Euro's.
Just one million Euro's (around $1.31million) for killing 32 people, including children? What a pittance.
I'm sure Carnival-owned Costa is happy to write that check. All of the big shot cruise executives and senior management officers who knew about the dangerous fly-by salutes can rest assured that they will remain in their luxurious villas and not spend a second behind bars.
The fine turns out to be less than $41,000 per dead passenger and dead crew member. Not much of a punishment.
The deal does not release Captain Schettino of the criminal charges of manslaughter and abandoning ship. And the civil lawsuits in Italy, for what they are worth, are unaffected.
Newspapers are saying that the the prosecution is satisfied with the fine because it was "close to the maximum allowed by law." So why wasn't it the maximum fine? And what difference is a million Euro fine to a multi billion Euro corporation? Isn't the ongoing publicity of a criminal trial and potential jail time against the real decision makers a better deterrent?
KTOO news station in Alaska reports today that the Environmental Protection Agency fined Princess Cruises $20,000 for dumping water from six swimming pools aboard the Golden Princess cruise ship into Glacier Bay National Park and Preserve in 2011.
The EPA announced the fine against the cruise line yesterday.
Princess was forced to sign a consent agreement admitting responsibility and subjecting itself to a final court order. Princess admitted that it violated the Clean Water Act in May 2011 when it discharged more than 66,000 gallons of pool water into the pristine waters of Glacier Bay.
Princess Cruises claims that a "software malfunction," on the Golden Princess, somehow caused all six of the pool valves to open. This dumped chlorinated water from all of the cruise ship’s pools as well as whirlpools into the national park and preserve.
The waste-water permits for large cruise ships prohibit the discharge of pool and spa water in national parks and refuges.
Princess Cruises has the worst environmental record in the Alaskan waters, and has been caught discharging illegal levels of waste water over the recent years. Before the state of Alaska began passing strict environmental laws, the cruise industry openly dumped raw sewage and chemicals throughout the Alaskan waters.
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