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Legislation targets drug-smuggling subs

Unregistered submersible and semi-submersible vessels often used to traffic drugs into the United States may soon be illegal.

Sen. Joseph Biden, D-Del., introduced the Drug Trafficking Interdiction Act of 2008 July 28. If approved, the bill will make it a “felony for those who knowingly or intentionally operate or embark in a [self-propelled semi-submersible] that is without nationality and that is or has navigated in international waters, with the intent to evade detection.” The bill will not impact researchers, explorers or others “who may legitimately be operating an SPSS.” The House already approved its version of the bill July 29.

“We’ve learned that drug dealers are using submarine-like watercraft to traffic drugs under water, more easily evading detection and delivering drugs up to 3,500 miles away,” said Biden — chairman of the Senate Judiciary subcommittee on crime and drugs and the Senate Caucus on International Narcotics Control — in a statement. “If drug smugglers can pack tons of illegal drugs into these stealthy vessels, it’s pretty clear that terrorists could carry weapons of mass destruction or other threats into our country this way. This bill will help shut down this new mode of trafficking.”

There have been about 23 SPSS drug-smuggling encounters from fiscal 2001 through 2007, but those numbers jumped dramatically, to 27 encounters just from Oct. 1, 2007 to Feb. 1, 2008, resulting in the successful delivery of 111 tons of cocaine, according to the Coast Guard. The service estimates that 85 SPSS events will bring in about 340 tons of cocaine for the entire fiscal year.

SPSSs are difficult to detect because a significant portion of the hull is submerged. Coast Guard Lt. Cmdr. Chris O’Neil said it is difficult for law enforcement to bring charges against smugglers, because they often flood the watercraft, washing all narcotics deep into the ocean, to avoid charges. After the valve is opened, the crew typically jumps overboard, leaving law enforcement with no choice but to rescue them and return the operators to land, according to a statement from Biden’s office.

“The legislation is most desired by the Coast Guard, primarily because ... it gives us another tool to combat that specific threat,” O’Neil said.