b'SAFETY MATTERSSAFETYPutting the Spotlight on Illegal Passenger OperationsERIC CHRISTENSEN // PVA DIRECTOR OF REGULATORY AFFAIRS & RISK MANAGEMENTP ersistence pays off. For the lasterations in the navigable waters of the5.Recommendationstoenhancethe severalyearsPVAhasbeenUnited States will include: federalresponsetoillegalcharter workingwiththeU.S.Coastoperations,includinglimitations Guard and members of Congress to1.An assessment of the risks that illegalin enforcement capacity, regulatory drawattentiontoandcombatille- charter operations pose to passengeroversight,datacollection,public galpassengervesseloperations,alsosafety,lawfulmaritimecommerce,education,andinteragencycoordi-known as illegal charters. Earlier thisandthebroadermarineenviron- nation.GAOshouldalsoevaluate year,PVAstaffdraftedproposedment. This evaluation should con- the potential need for new statutory legislationforaGovernmentAc- siderbothimmediateoperationalauthority, such as enabling civil for-countabilityOffice(GAO)studytohazards and long-term risks. feiture of a vessel that has been used be included in the next Coast Guardin repeated illegal charter operations.Authorization Bill. When it was clear2. A detailed analysis of the compet-thatmovementontheCoastGuarditiveadvantagethatillegalcharterIn taking this holistic view, GAO will Bill was stalled and the likelihood ofoperatorsgainbycircumventingidentify gaps in the system that allow addingadditionalrequestswasslimregulatorycompliance,andthefor illegal passenger operations to exist at best, staff turned to our friends onresulting economic harm to legiti- and in some ports, thrive. It is not just a the House Coast Guard and MarinematelawfullyoperatingpassengerCoast Guard enforcement issue. Local Transportationsubcommitteestaffvessel businesses. authorities with jurisdiction in areas for assistance. The result was a lettersuch as dock permitting, commercial from the chair and ranking member3. AnexaminationofcurrentCoastbusinesslicensing,alcoholpermits, of the Committee on TransportationGuardenforcementmechanisms,and other taxes and fees stand to lose and Infrastructure to the Comptrollerincludingprotocolsfordetection,significant revenue to operations that General of the United States request- deterrence, and sanctioning of ille- are already not following federal com-ing a GAO study focused on the issuegal charter operations. This reviewmercial passenger vessel requirements.of illegal charters.should also assess the extent and ef-fectiveness of coordination amongTITANIC EXPOSURESCOPING THE PROBLEM relevantfederal,state,andlocalWhile we have seen an uptick in Coast In their letter, Rep. Sam Graves (R- agencies. It should further includeGuardpressreleasestoutingvoyage Mo.) and Rep. Rick Larson (D-Wash.)anoverviewofexistingcivilandterminationsofillegalpassengerop-stated Illegal charters pose a signifi- criminal penalties applicable to vi- erations, which PVA encourages, the cant threat to members of the publicolators and the vessels they operate. Coast Guard recently released the re-who mistakenly believe that they areport of the Marine Board of Investiga-hiring a safe, licensed operator. Illegal4. An analysis of key operational andtion on the most infamous illegal pas-charters also undercut legitimate oper- legal challenges faced by the Coastsengeroperationinmodernhistory. ators by avoiding the costs of compli- Guard in addressing illegal charterThe June 2023 loss of the submersible ance. In order to craft a well-informedactivity,includingresourcecon- Titan with five passengers and crew legislativeresponsetoillegalcharterstraints, gaps or ambiguities in stat- while exploring the wreck of the RMS operations,amorecomprehensiveutory authority, and jurisdictionalTitanic stands as a horrific reminder understanding of the issue is needed. complexitiesthathindertimelyto the consequences of ignoring and The GAO study on illegal charter op- response and prosecution. avoiding the regulatory standards and FOGHORN 42'