[Congressional Record (Bound Edition), Volume 149 (2003), Part 10]
[Senate]
[Pages 13603-13605]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           OUR OCEANS AT RISK

  Mr. DURBIN. Mr. President, I am a Midwesterner by birth. I come from 
the flatlands of Illinois, cornfields and prairies. Frankly, it has 
meant I see things differently than others. I can still recall as a 
young boy the first time I saw an ocean. I was off to my brother's 
wedding in California, all of about 9 or 10 years old, and I got to see 
the Pacific Ocean. It was an amazing spectacle to me. I had never seen 
anything like it. The closest I had come to that was the Mississippi 
River. I developed a special attachment and passion of taking my 
family, as they grew up, to oceans on a regular basis, to beaches, and 
the great time you have together.
  I never reflected on the fact that the great, vast, mighty body of 
water, that ocean, might some day be vulnerable; it seemed so 
impenetrable, so vast, so diverse, so huge.
  This week in Washington, the Pew Oceans Commission will release its 
report. The chairman of that commission is an old friend of mine, a 
great public servant, Leon Panetta of California. I commend this report 
to everyone in the country, whether you live near an ocean, as most 
Americans do, or you are from the Midwest and a flatlander, as I am. It 
talks about a great resource of America and a great resource of the 
world which is in crisis, the great resource of the world which is in 
peril.
  The area of the ocean under United States jurisdiction spans 4.5 
million square miles, more than any other single country. According to 
Jane Lubchenco, professor of Oregon State University, our ocean 
property as a nation is 23 percent larger than our Nation's land area, 
making our ocean the country's largest public domain.
  I met Professor Lubchenco last week in Italy at a seminar that 
focused on international global environmental issues. She spoke at 
length and in stark terms about what is happening to the oceans. Our 
ocean ecosystems are unique treasures, places where we can discover the 
mystery of life, work and vacation, and pursue scientific study. Losing 
the quality of our oceans and marine life that thrives in them would be 
a tremendous loss.
  In addition, damage to ocean ecosystems can cause significant damage 
to our economy, public health, and even our national security.
  As the Pew Commission reports, our oceans face a crisis due to 
contamination and failure to address problems

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over the years. Take, for example, this statistic. The National Academy 
of Sciences estimates that oil running off of our streets and driveways 
in America ultimately flows into the ocean, creating an Exxon-Valdez-
size spill every 8 months. I was at Prince William Sound in Alaska 
after the Exxon Valdez spill, something I will never forget, going to 
tiny remote islands, seeing them literally covered with crude oil, 
seeing the wildlife that had been rescued, some of it perished almost 
immediately, and with others, valiant attempts were made to save them; 
10.9 million gallons of crude oil dumped in Prince William Sound. That 
is how much oil we dump as a nation into the ocean every 8 months with 
the runoff from driveways and parking lots finding its way to streams 
and rivers and our oceans.
  These problems have tragic consequences. Many of our public beaches 
have been closed over the years due to high levels of harmful 
contamination. The United States Environmental Protection Agency about 
8 or 9 years ago created a Web site which reported on ozone and the 
impact it would have on public health. It became increasingly popular 
as more and more parents with children facing asthma attacks went to 
this Web site to see if it was safe to send their kids to school. What 
was the ozone reading? Then, almost coincidentally, the EPA released 
information about beaches around America that had been closed because 
of contamination. That, too, became an extremely popular Web site. 
Families planning vacations and weekends would go to this Web site and 
find out whether the beach they wanted to visit would be open to the 
public or safe for bathing in.
  It is an interesting comment, is it not, in the world we live in, the 
Nation we live in, with all of our progress, that one of the sources of 
information we turn to most frequently is whether we can breathe the 
air or can expose our children to a beach or lake shore that might be 
contaminated.
  There is also a problem related to the fishing industry and its 
impact, the impact of the ocean contamination. There was a paper 
published in the May 15 issue of Scientific Journal, Nature, that 
reported 90 percent of all large fish--tuna, marlin, swordfish, shark, 
cod, and halibut--90 percent of those species are gone. Do you remember 
the fish orange roughy? I bet you do. In the last few years it was a 
pretty popular fish. Almost everywhere in America you would go to a 
restaurant and orange roughy was on the menu. Try to find it today. It 
has been fished to near extinction. They discovered where to fish for 
orange roughy on the coast of New Zealand and went to depths they had 
never been able to fish at before and successfully found the species. 
It was fished out. It turned out to be popular and no efforts were made 
to conserve it. As a consequence, you will be able to tell your 
children you once had a fish called orange roughy. It is not likely 
they will ever taste one.
  An article in the Washington Post also reports the significant fish 
shortages and how the fishing industry is close to collapsing in many 
parts of the United States and around the world. This week's U.S. News 
& World Report devotes its cover story to the problem of empty oceans.
  I will address one part of this problem, something we can do about it 
in a hurry. It relates to cruise ships.
  One of the major contributors to ocean pollution is the cruise ship 
industry, which in 2001 carried 8.4 million passengers in North 
America. I do not have anything against cruise ships--they provide many 
Americans ample opportunities to relax and learn about oceans and 
marine wildlife. However, they are exempt from critical regulations 
that would help protect the beautiful and inspiring oceans and marine 
wildlife that many cruise ships aim to present to travelers.
  I am going to give some data here that I think is incredibly 
shocking.
  According to EPA and industry data, a typical 3,000 passenger cruise 
ship each week generates 210,000 gallons of black water, which is raw 
sewage; 1 million gallons of gray water, included runoff from showers, 
sinks and dishwashers; 37,000 gallons of oily bilge water, which 
collects in the bottom of ships and contains oil and chemicals from 
engine maintenance that are toxic to marine life; more than eight tons 
of solid waste; millions of gallons of ballast water, which is brought 
into ships to facilitate balance and then released back into the ocean, 
containing potential invasive species; and toxic wastes including dry 
cleaning chemicals such as PERC and photoprocessing chemicals.
  These wastes are damaging to our oceans. Interestingly enough, any 
city in America which generated that kind of waste would never be 
allowed to dump it on the land or in an adjoining river. But if you 
happen to be a cruise ship that is traveling in the waters of America, 
you are virtually exempt from the Clean Water Act and you can dump, in 
certain locations within the oceans off the coasts of America, with 
virtual impunity, with one notable exception. The State of Alaska--
thank goodness for them--has established much stricter standards than 
the Clean Water Act imposes on the cruise ship industry that does its 
business outside States around America.
  According to the organization Oceana, raw sewage can sicken and kill 
marine life, including corals, and contributes to algae blooms that 
cloud the water, reduce oxygen levels and kill fish. Furthermore, 
invasive species, those that are not native to the area where they are 
released in ballast water, can colonize new areas, and, in so doing, 
replace and harm local species. We have become painfully familiar with 
invasive species in the Great Lakes, and the government and industry 
are making efforts to address it. I am proud to be representing a state 
that adjoins that great Lake Michigan, but we know about Zebra Mussels 
and forms of eels that have been dumped in ballast water and invaded 
what was a sound marine life in the Great Lakes.
  Wastes from cruise ships can also affect human health. According to 
Oceana, the recent outbreaks of the Norwalk virus on cruise ships have 
sickened more than 3,000 passengers and crew, forcing many people to 
abandon their vacations early. The Norwalk virus is found in human 
waste and on hands and surfaces that may have had contact with it. It 
can be spread by shellfish contaminated by sewage from boats. In 
addition, wastes can wash up on our beaches and near our shoes, 
threatening people who work or vacation there.
  Despite the fact that cruise ships generate all of this waste, and 
are an identifiable source of pollution, they are exempted from the 
regulations that implement the Clean Water Act's point source 
permitting system. Indeed, cruise ships can dump raw, untreated sewage 
into the water once the ship is more than three miles off U.S. shores. 
They can also dump gray water and ballast water without a permit, even 
when they are docked at ports that are in U.S. waters. Finally, they 
are permitted to dump solid garbage into the ocean when they are at 
least 12 miles from the shore.
  This problem is not confined to our domestic cruise ship industry. 
According to a February 2000 GAO report, foreign-flagged cruise ships 
were involved in 87 confirmed illegal discharge cases in U.S. waters 
from 1993 to 1998.
  In August 2000, EPA issued a ``Cruise ship White Paper,'' providing a 
blueprint for strengthening the laws regulating cruise ships. However, 
Congress has failed to act on this issue.
  We cannot delay any longer. that is why I will introduce legislation 
to strengthen the Clean Water Act and other relevant laws regarding the 
cruise ship industry.
  Specifically,the legislation I am preparing is based on ideas and 
recommendations generated by the EPA, GAO, and interest groups. Here is 
what it would do:
  Remove the exemption of cruise ships from existing Clean Water Act 
requirements;
  Ban the release of raw sewage anywhere in the ocean, and require 
treatment standards similar to Alaska's strict standards;
  Ban release of so-called ``treated'' wastes within a certain distance 
of our shores;

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  Provide for adequate measures to prevent ballast waters from 
spreading invasive species;
  Provide for monitoring of compliance with these requirements and the 
availability of data for public review;
  Enable citizens to bring lawsuits against cruise ships, as provided 
under the Clean Water Act; and
  Increase resources for inspections and strengthen the inspection 
requirements.
  This is truly an international issue, but the United States must not 
only do its part, it must lead the way. I urge my colleagues to join 
me. First, read this Pew Oceans Commission report. It is an eye opener. 
It is a revelation. Wherever you live in the United States, you will 
value our oceans and you will come to understand the dangers they face.
  I also encourage my colleagues to join me by cosponsoring the 
legislation I am crafting. The oceans, that cover nearly 70 percent of 
our planet, cannot wait any longer.
  I yield the floor.
  Mr. President, I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. PRYOR. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  Mr. PRYOR. Mr. President, I ask unanimous consent to speak for up to 
15 minutes.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  (The remarks of Mr. Pryor pertaining to the submission of S. Res. 121 
are located in today's Record under ``Submitted Resolutions.'')
  Mr. PRYOR. I suggest the absence of a quorum.
  The PRESIDING OFFICER. The clerk will call the roll.
  The assistant legislative clerk proceeded to call the roll.
  Mr. DORGAN. Mr. President, I ask unanimous consent that the order for 
the quorum call be rescinded.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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