No, sir, I don't believe it would.
The phrase “to provide a seaworthy ship at the commencement of the voyage and one that is properly crewed” is a term we've had in maritime law since the days of the Lloyd's Coffee House in the 17th century--the idea of sailing ships leaving London to go into the far reaches of the empire to bring home all the plunder. You can never guarantee a ship will be seaworthy during the voyage--or if you watch the Johnny Depp movies, Pirates of the Caribbean, at the end of the voyage--but you can certainly guarantee that it will be seaworthy at the start of the voyage.
In clause 9, proposed paragraph 37.1(b), you talk about “safety equipment and procedures”. That's something you have to have in place at the start of the voyage. Safety equipment goes to the seaworthiness of the vessel. And with respect to procedures, in fact I think they're talking about safety briefings before the voyage that are very similar to aircraft, when you have the briefings as to where the exits are and the emergency lighting and all the rest.
Putting in a new paragraph (e), in effect requiring that the adventure tourism activity meets the condition of seaworthiness and that it is properly crewed at the start of the voyage, does not cause the good operators in the marine tourism activity any problems whatsoever--or it shouldn't. It will cause the bad operators a problem, and those are the types of operators you need to be legislating against. The good operators will still be able to get insurance because they have seaworthy vessels.