A passenger from a Holland America Line (HAL) cruise ship has gone overboard in the Glacier Bay National Park and Preserve in Alaska, according to the National Parks Traveler nonprofit media organization.

The Park Service issued a press release Saturday night that it had suspended its search for the missing passenger who reportedly disappeared from the HAL Westerdam cruise ship late Friday afternoon.  According to the press release, the sixty-nine year-old man was reported missing at 3:50 p.m. on Friday when he did not appear for a medical appointment on board the ship, a park release said. It is unclear when the passenger actually went overboard. KTUU reports that the man went overboard sometime on Friday morning.

The Park Service was notified 7:30 Friday evening after a ship-wide search confirmed that the HAL Westerdampassenger was missing from the cruise ship.

The Park Service and the U.S. Coast Guard conducted searches via vessels and/or aircraft.

There is no information regarding exactly when or where along the 65-mile Glacier Bay the man went overboard.

This appears to be another situation where the cruise ship was not equipped with an automatic man overboard system that would immediately notify the bridge when a person went over the rails and then track the person in the water via radar and thermal imaging. The officers on the HAL cruise ship apparently had to order a search of the ship to look for the passenger. HAL has not released any public information regarding whether CCTV captured images of the man going overboard.

According to Canadian Professor Ross Klein, there have been 316 people who have gone overboard from cruise ships since 2000. 15 people have gone overboard during the first six and one-half months of this year. Nine people have gone overboard from HAL cruise ships in the last eight and one-half years.

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July 17, 2018 Update: The National Parks Traveler writes that the passenger went overboard around 6:45 AM, according to HAL PR executive Sally Andrews. This means that there was a delay of nearly 13 hours between the passenger going overboard and the cruise line finally notifying the park service (around 7:30 PM), which is another compelling reason why cruise ships should have automatic man overboard systems installed. I previously mentioned Ms. Andrews in an article many years ago titled “Suicide” – One of the Cruise Lines’ Favorite Excuses When a Passenger Disappears at Sea.

Photo credit: Roger Wollstadt CC BY-SA 2.0, commons / wikimedia.

According to the Centers for Disease Control and Prevention (CDC), 73 people have reported sick, with symptoms of vomiting and diarrhea, on Holland America’s Zaandam during a cruise through Alaska.

58 of all passengers (3.94% of 1,472) and 15 of all crew members (2.54% of 591) have reported ill to the ship infirmary during the cruise which started on June 18, 2018.  The HAL cruise ship stopped in Juneau yesterday and plans on additional stops in Alaska before returning to Seattle on July 2nd.

Several newspapers report that the outbreak is due to norovirus, although the CDC indicates that the HAL Zaandamcausative agent is currently “unknown.”

Holland America Line experienced 19 cases of GI sicknesses reported to the CDC since 2010. Only Princess Cruises suffered more norovirus/GI cases which were reported to the CDC during this time period. Last year, HAL suffered norovirus outbreaks on the Nieuw Amsterdam, and two outbreaks each on the Volendam and the Noordam.

Cruise ships on non-U.S. itineraries do not have to report GI outbreaks. We have previously mentioned gastrointestinal outbreaks during cruises which do not include a U.S. port, including an outbreak on the Veendam which sailed to a port in Greece last November.

Update: This afternoon I received the following email from a passenger:

“Your latest article about Holland America caught my attention.

I must admit that I am shocked that here on board there is nothing being done regarding standard sanitation before eating. On Princess there is always someone present to give you a plate after you wash your hands or use the sanitation lotion. Here on the Westerdam there is nothing being done.

I don’t see any passengers using any cleaning methods before eating. Therefore your article doesn’t surprise me. Carnival needs to use Princess as an example and get Holland America to improve. I hope this information helps and maybe something can change.

On another note, last week we were sailing in glacier Bay and all paper napkins and straws should be prohibited as they do on Princess but I caught Holland America using them and I quickly reported this to a ranger on board who was shocked.

From my point of view Holland America is lowering their standards and it’s a shame.”

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Photo credit: Barek – commons / wikimedia.

The U.S. Coast Guard medevaced a passenger from the Holland America Line Veendam on Thursday.

The medevac involved a 65-year-old woman who was suffering from leg pain. The HAL cruise ship was approximately 50 miles east of Charleston when it contacted the Coast Guard. 

The Coast Guard station in Charleston flew a MH-65 Dolphin helicopter crew to the cruise ship during the evening of April 26, 2018. The helicopter arrived at the ship around 7:30 P.M. p.m., hoisted the passenger and transported her to the Medical University of South Carolina Hospital.

The Coast Guard station in Clearwater, Florida dispatched a HC-130 Hercules aircraft to support communications coverage.

Video credit: The U.S. Coast Guard via the News & Observer.

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HAL VeendamA passenger sailing on a Holland America Line (HAL) cruise ship near Greece contacted me today, stating that a number of guests are experiencing gastrointestinal symptoms:

"I’m currently on MS Veendam. Left Fort Lauderdale on October 20th and due to return to Fort Lauderdale on December 8th. Currently docked in Souda, Greece. Leaving at 5:00 pm less than an hour from now. Souda port terminal has WiFi.

Noro started about four days ago. We did pick up passengers in Barcelona and some of them are sick now and seem to have gotten sick shortly after boarding from what I understand. One day there were 29 passengers and two crew sick . . .  Yesterday …  only four new cases and no crew sick anymore. 

Ship is cleaning, isolating and taking precautions including not allowing passengers to handle food which is good."

It is currently unknown whether the gastrointestinal outbreak is in fact due to norovirus (or-coli or some other more exotic virus) because there will be no testing of the affected passenger’s stools. 

In the last week, we have written about GI outbreaks which included the Crown Princess, which called on a U.S. port and had to report the outbreak to the U.S. Centers for Disease Control and Prevention (CDC). The Anthem of the Seas was experienced a similar outbreak affected many dozens of guests (around 100 people). The Anthem did not meet the percentage of guests who reported their symptoms to the ship infirmary, and therefore there is no official CDC report.  The Celebrity Solstice was also reportedly hit with an aggressive GI outbreak while sailing around Australia, according to news accounts. 

Holland America Line experienced 18 cases of GI sicknesses reported to the CDC since 2010. Only Princess Cruises suffered more norovirus/GI cases which were reported to the CDC during this time period. HAL suffered norovirus outbreaks on the Nieuw Amsterdam, and two outbreaks each on the Volendam and the Noordam this year.

Cruise ships on non-U.S. itineraries do not have to report GI outbreaks. 

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Photo credit: Fletcher6 – CC BY 3.0, commons / wikimedia.

There are around 750,000 (some say the number is over 850,000) sexual offenders registered in the United States. Many thousands of these sexual offenders go on cruises each year. Some cruise lines do not permit registered offenders to cruise, but many if not most cruise lines do. 

Another lawyer here in Miami recently wrote an interesting article for the Huffington Post about this important issue, titled Should Cruise Ships Allow Sexual Offenders to Sail? 

The article points out, believe it or not, that there is a travel-related resource which caters to registered sexual offenders called Resources for RSO Travels, which published a blog post Can Registered Sex Offenders Go on a Cruise? The article answers its own question, writing "the answer is YES!" but further explains that there are some cruise line which block sexual offenders from cruising:

" . . . here are the two cruise lines that are notoriously known for denying registered sex offenders: Royal Caribbean and Carnival. Here are the cruise lines that allow registered sex offenders to board the ship: Norwegian, MSC, Holland America."

When I read the article, I find it disturbing that the registered offenders’ blog characterized Royal Caribbean and Carnival as "notorious" for prohibiting sexual offenders from cruising and not characterizing NCL, MSC and HAL as "notorious" for permitting sexual predators to board their cruise ships. I suppose that’s part of the problem with many sexual offenders. Even after being criminally convicted of their sexual crimes and placed on the National Sex Offender Public Website, they think Sexual Offender Cruise Shipthat they really didn’t do anything wrong and they should be entitled to the same privileges as people who didn’t commit sexual crimes. 

I have represented far too many people sexually assaulted on cruise ships, including dozens of children sexually abused during cruises, to have any tolerance for sexual offenders protesting that they were not permitted to cruise. 

Some men go on cruises for the primary purpose of abusing children. A couple of years ago, I wrote about a 71 year old man from Pennsylvania (photo left) who cruised on the Royal Caribbean Liberty of the Seas and went went into the cruise ship’s water zone and fondled a 6-year-old boy. He attempted to fondle a second child in an adjoining Jacuzzi. At a hearing before a Federal Magistrate in Pennsylvania, an FBI agent testified that the pedophile admitted that he went on the cruise to "have a sexual encounter with a young boy." (There was no indication that the man was on a sexual offender database at the time of the cruise; shortly after this incident Royal Caribbean starting performing background checks of passengers).  The man was convicted, served jail time and when released from jail he attempted to molest other children

But don’t expect the U.S. government or port authorities (at either the state or national levels) to perform background checks and prevent sexual offenders from cruising.  Homeland Security and the U.S. Customs and Border Protection may arrest sexual predators who have an outstanding warrants but they usually do so only after the cruise ship returns to port. 

For example, a 28 year-old man (photo right) was arrested while disembarking the Carnival Inspiration at the Port of Tampa a few years ago. His name was flagged by a sweep of the manifest of Sexual Assault Outstanding Warrantpassengers by Homeland Security officials who determined that the passenger was wanted for sexual assault in addition to assault with a weapon and forcible confinement. The U.S. Marshals arrested the passenger only after the cruise ship returned to port. Regretfully, our federal government routinely looks at the ship passenger list only after the bad guys have already boarded the cruise ship.

If you take a cruise, you may be cruising with at least one felon aboard. U.S. Customs and Border Protection arrested five passengers on outstanding warrants only after the Carnival Magic returned to port in Galveston several years ago. 

Cruise lines should do everything possible to keep pedophiles, sexual predators and sexual offenders  off of cruise ships. Yes, I realize that all sexual offenders are not pedophiles or technically "sexual predators" (who by definition must have been convicted of a first degree sexual crime or multiple lesser sexual crimes). But it is a step in the right direction for cruise lines to perform background checks on passengers to screen out such people convicted of sexual crimes.

Over the years, I have received many questions from people wanting to go on a cruise asking whether registered sexual offenders are allowed to cruise.  Usually, their inquires are anonymous. They claim that a "friend" is thinking of going on a cruise. They explain that their "friend" is a "really nice guy" who made a mistake a "long time ago" and is now "no threat to anyone" and other similar gobbledygook. 

A particularly annoying occurrence is when a registered sexual offender complains to me that they booked a cruise and received an email at the last minute that they are prohibited from going on the cruise. I have received many of these type of inquiries over the last several months from men convicted of sexual crimes and listed as registered offenders wanting to cruise with Carnival.  Although the cruise line always refunds their fares, several people have complained that they have been "inconvenienced" and want to see if they a lawsuit for being a victim of "discrimination."

I do not respond to such inquires, which have involved to date only people who had booked cruises with Carnival and Royal Caribbean and were notified by these cruise lines that they had been identified on a sexual offender database. The registered offenders who contact my law office remind me that most families who cruise have no idea who they are cruising with.  So kudos to Carnival and Royal Caribbean for keeping known sexual offenders off their ships and trying to keep their guests safe. Shame on the other cruise lines who don’t perform such background checks.  

The bottom line is that there is no law to my knowledge prohibiting sexual offenders from cruising. Even if there were such a law, our federal government does a poor job vetting passenger manifests and probably would not find out until after the cruise ship leaves port. Its up to the cruise lines to screen their passengers and most cruise lines don’t. It seems like only Carnival and Royal Caribbean do. 

Keep in mind that most of the sexual assaults of passengers are committed by crew members.  Few countries other than the U.S., Canada, the U.K. and Australia have sexual offender databases, and very few countries have any online databases permitting any cruise line or hiring agents from knowing whether job applicants from the countries where crew members are hired (India, Indonesia, and the Caribbean islands) have been arrested or convicted of sexual or violent crimes. (And of course passengers from non U.S. countires without sexual offender databases cannot be screened). 

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November 4, 2017 Update: A reader on our Facebook page commented that Carnival is already partnering with INTERPOL for enhanced security screening using INTERPOL’S I-Checkit global security system . . . Read the link here.

Photo credit:

Top –  Pittsburgh Post-Gazette

Bottom – U.S. Customs and Border Protection