Two Honolulu-based fishing companies, along with the company managers and vessel operators, have agreed to implement operational improvements and other compliance measures and pay civil penalties over numerous discharges of oily bilge waste from the commercial fishing vessels ‘Triple Dragon’ and ‘Capt. Millions III’, the US Department of Justice and USCG announced today.
In two separate complaints, filed in the US District Court for the District of Hawaii today and on 27 April 2018, along with notices of lodging of consent decrees filed today, the US alleges that the vessel owners, company managers, and vessel operators are each liable for civil penalties under the Clean Water Act for discharging oily mixtures into the waters off Hawaii.
Both complaints also include civil penalty claims under the Clean Water Act for violations of the Coast Guard’s spill prevention and pollution control regulations, including failure to provide sufficient capacity to retain oily mixtures on board. The complaints further allege that in order to extend the length of the Triple Dragon’s and Capt. Millions III’s fishing voyages, the defendants routinely pumped a mixture of fuel oil, lubricating oils, water, and other fluids from the vessels’ engine room bilges into the Pacific Ocean rather than retain the waste on board.
To resolve the claims in the United States’ complaints, the consent decrees require the companies and vessel operators to perform corrective measures, including:
- repairing the vessels to reduce the quantity of oily waste generated during a fishing voyage;
- providing crewmembers with training on the proper handling of oily wastes;
- documenting proper oily waste disposal after returning to port; and
- submitting compliance reports to the Coast Guard and the Department of Justice.
Fines
Additionally, for the discharges from the Triple Dragon, the vessel owner, Triple Dragon LLC, must pay a civil penalty of $15,000, the company manager, Trung Anh Quach, must pay a civil penalty of $10,000, and the vessel operator, Aukusitino Lui Maui, must pay a civil penalty of $500.
For the discharges from the Capt. Millions III, the vessel owner, Capt. Millions III LLC, must pay a civil penalty of $10,000; the company manager, Brian Nguyen, must pay a civil penalty of $5,000, and the vessel operator, Kha Van, must pay a civil penalty of $7,000.
Rear Adm. Brian Penoyer, Commander, Coast Guard 14th District, said:
All vessels, including commercial fishing vessels like these, must comply with the long-standing Clean Water Act environmental protection requirements as part of their normal operations. As a steward of the marine environment, the Coast Guard will not tolerate illegal dumping of oily waste into the ocean.
Section 311(b) of the Clean Water Act makes it unlawful to discharge oil or hazardous substances into or upon the waters of the US or adjoining shorelines in quantities that may be harmful to the environment or public health. Under the act, the Coast Guard also has promulgated spill prevention and pollution control regulations for vessels and other facilities.
