May 5, 2020 - Issue: Vol. 166, No. 84 — Daily Edition116th Congress (2019 - 2020) - 2nd Session

[Extensions of Remarks]
[Page E427]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





  INTRODUCTION OF THE ECO-TOURISM VESSEL EQUITY AND RELIEF ACT OF 2020

                                 ______
                                 

                             HON. DON YOUNG

                               of alaska

                    in the house of representatives

                          Tuesday, May 5, 2020

  Mr. YOUNG. Madam Speaker, I rise to introduce the ``Eco-tourism 
Vessel Equity and Relief Act of 2020.'' This is a bill to address and 
correct a regulatory mismatch of the manner in which a small passenger 
vessel that operates in Southeast Alaska is measured. Specifically, the 
M/V Liseron (United States official number 971339), a converted 
minesweeper that conducts overnight passenger cruises in the eco-
tourism trade in Southeast Alaska, should be classified as the same 
regulatory tonnage for licensing its crew as is used for its safety 
inspection category, and the other vessels in the same trade.
  By way of background, the motor vessel Liseron was built in a U.S. 
shipyard in Tacoma, WA, in the early 1950's as one of a class of seven 
minesweepers under the auspices of the U.S. Navy for the French but was 
subsequently reacquired by the Navy in 1955. It was constructed to 
navigate shallow waters of bays, coastlines, and inlets having a 
shallow draft, which is why it makes for the perfect vessel to operate 
in Southeast Alaska. Specifically, the M/V Liseron is 145 feet long and 
28 feet wide with a draft of 8.5 feet. Later delisted by the Navy, The 
Boat Company in Port Orchard, WA, acquired and restored the vessel in 
the late 1980's. After an extensive 16-month restoration in a U.S. 
shipyard facility in Tarpon Springs, FL, where the vessel was gutted 
and refitted, this vessel was placed into service in the early 1990's 
as an eco-tourism vessel in Southeast Alaska. The vessel's operations 
have a significant economic impact in both Washington State and Alaska. 
The vessel is homeported in Kitsap County, Washington State, where it 
undergoes needed maintenance and repair locally in Pacific Northwest 
shipyards, and where the vessel re-provisions for the next season's 
sailing in Alaska. Its operations during the cruising season in 
Southeast Alaska bring significant job opportunities and needed 
economic activity in local businesses by the company and its customers. 
The vessel enables tourists from around the world to come and enjoy the 
unparalleled scenic and natural beauty that Alaska has to offer.
  Operationally, the M/V Liseron has ten staterooms and is limited to 
20 passengers. More critically, the vessel is currently inspected by 
the Coast Guard as a small passenger vessel in the 100 gross regulatory 
tonnage category. Notwithstanding that, the vessel has a larger tonnage 
entered on its certificate of inspection. This larger tonnage is due to 
the arcane nature of the U.S. vessel admeasurement laws, rules that 
govern the volumetric size of vessels. Larger competitor vessels can be 
238 feet in length and carry 100 passengers, i.e., nearly 100 feet 
longer and 5 times the number of passengers, yet they are considered to 
be in the smaller 100 GT small passenger vessel category for both 
licensing and inspection purposes.
  Needless to say, the M/V Liseron has an equity disparity as the 
vessel must compete with similar or larger vessels in the eco-tourism 
trade. While the vessel is inspected and regulated for all safety 
purposes in a lower tonnage category, due to the higher tonnage rating 
entered on its certificate of inspection, the M/V Liseron must source 
crew from seafarers with deep water credentials (i.e., 500 GT) rather 
than for the shallower and protected waters of Southeast Alaska. The 
inequity is underscored by the fact that the M/V Liseron physically can 
fit within the volumetric profile of its competitors. That is, it is 
smaller, but the rules say it should be assigned a measurement of being 
larger. Further, the vessel carries far fewer passengers than its 
competitors. This seems to be a regulatory mismatch and creates the 
inequitable situation where a physically larger vessel that carries 
five times the number of passengers is determined to be smaller for 
crew licensing.
  And this mismatch results in the M/V Liseron to have its master and 
chief mate with a license in a much higher tonnage category. The 
legislation I introduce today corrects this inequity and regulatory 
anomaly. This legislation prohibits the M/V Liseron from undergoing any 
alteration of its size. Consequently, there is no reason why the 
smaller M/V Liseron that carries far fewer passengers must have a crew 
licensed in a larger tonnage category.
  To add to the inequity, a higher turnover for the master and first 
mate occurs because these mariners with the larger 500 GT licenses, 
which are more appropriate for deep water oceangoing vessels, leave 
whenever a deep-water position is available. This is understandable 
from their point of view. These 500 GT qualified crew get a larger 
tonnage license to work on larger seagoing vessels, not a smaller 
vessel operating in the shallow waters of bays, coastlines, and inlets 
in Southeast Alaska. This makes attracting 500 GT qualified crew that 
much more difficult. While the rest of the crew is stable, these two 
positions require that new hires undergo qualifying each time these 
positions turn over for these inland waters. If the master and first 
mate can hold 100 GT licenses it will result in less turnover and more 
appropriately experienced personnel that will contribute to even safer 
and consistent operation of the vessel. No alteration of the vessel 
itself is proposed nor will the crew size be reduced. Only two 
positions are affected by this legislation.
  Another aspect of the vessel's operations is the economic impact of 
the cancellations due to the COVID-19. The operation of the eco-tourism 
trade in Southeast Alaska is seasonal. As a result, the M/V Liseron has 
lost an entire season of revenue due to cancellations. Continuing an 
artificial barrier such as having to hire crew in a mismatched 
licensing category will only add to the vessel's difficulties to 
recover from this economic loss when they are able to resume 
operations.
  The tragic fire that occurred on board the dive vessel Conception on 
September 2, 2019, has brought additional scrutiny to small passenger 
vessels with overnight accommodations. Almost immediately after that 
fire an official marine investigation was commenced. I understand that 
in addition a criminal investigation is being conducted and will take a 
long time to complete. All of this is appropriate and should be done to 
get at the root of what went wrong on that vessel. As part of the 
safety concerns, the Coast Guard initiated a special Concentrated 
Inspection Campaign (CIC) to review the safety of all small passenger 
vessels with overnight accommodations. On October 8, 2019, the M/V 
Liseron was fully inspected by the Coast Guard as a vessel with 
overnight accommodations as part of this special inspection campaign. I 
understand that the CIC program included a job aid worksheet used by 
the Coast Guard inspectors to evaluate crew operations and procedures 
when inspecting the M/V Liseron and other overnight accommodation small 
passenger vessels. As a result of this special inspection, I understand 
that the Coast Guard confirmed that the vessel passed for every aspect 
of its certificate of inspection without exception and for crew 
performance. For passenger safety, the vessel has early warning and 
fire detection alarm systems, ready evacuation routes from each 
passenger cabin onto the main deck, and approved life rafts and vests. 
Having passed this rigorous and special inspection, the M/V Liseron is 
free of any of the issues on the Conception. The change brought about 
by this legislation will not create a vessel construction or safety 
issue.
  I urge all of my colleagues to join me to enact this statutory 
provision permitting the Coast Guard to treat this vessel as less than 
100 gross tons for the purpose of applying the operational regulatory 
measurement under section 14305 of title 46, United States Code, 
provided that nothing is done to change the size of the vessel. By 
adjusting the tonnage rating for licensing the M/V Liseron's crew to be 
consistent with its safety inspection category, the M/V Liseron would 
be able to hire and retain more appropriate experienced crew familiar 
with Southeast Alaskan waterways and small passenger vessel operations, 
and be regulated the same as other similar or larger vessels with which 
the M/V Liseron must compete.

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