Port Orchard, WA – Anthony R. Smith, former owner of the tugboat Chickamauga, pleaded guilty to environmental crimes related to the vessel’s sinking in Eagle Harbor, Bainbridge Island, in October 2013. The guilty plea, entered on July 25, 2016, brings a close to a case highlighting the environmental and financial burdens of derelict vessels.
The Chickamauga sank at Eagle Harbor Marina, releasing an estimated 200 to 300 gallons of diesel fuel into the sensitive Puget Sound ecosystem. Investigators determined Smith had failed to pay moorage fees for over six months prior to the sinking, leading to initial first-degree theft charges. These charges were ultimately dismissed as part of the plea agreement reached with Washington State Attorney General Bob Ferguson’s office.
Smith admitted to two violations of Washington State law: RCW 90.48.0140, pertaining to abandoning or allowing a vessel to become derelict, and RCW 79.100.1101, covering the discharge of polluting matter into state waters. The sinking of the Chickamauga represents a significant environmental threat, as derelict vessels often leach pollutants and pose navigation hazards.
Under the terms of the plea agreement, Smith was sentenced to 20 days of incarceration, to be served either in jail or through home confinement. He will also serve a two-year probationary period. Furthermore, on October 3, 2016, the court ordered Smith to pay $44,616.30 in restitution to cover the costs associated with the vessel’s removal and environmental cleanup.
Environmental Enforcement on the Rise
Attorney General Ferguson has prioritized environmental crime prosecution during his administration. The Chickamauga case marks the third successful conviction in a derelict vessel case handled by his office since 2014. “Derelict vessels are very serious pollution threats to our aquatic environment,” Ferguson stated in a press release. “If you break our state laws and pollute our environment, my office will hold you accountable.” The case was handled by the Attorney General’s Office Criminal Litigation Unit at the request of the Kitsap County Prosecutor’s Office, with Assistant Attorney General Joshua Choate leading the prosecution.
Key Facts:
- Defendant: Anthony R. Smith
- Crime: Allowing a vessel to become derelict and polluting state waters.
- Location: Eagle Harbor, Bainbridge Island, Washington
- Date of Sinking: October 2013
- Pollutant Released: 200-300 gallons of diesel fuel
- Statutes Violated: RCW 90.48.0140, RCW 79.100.1101
- Penalty: 20 days incarceration (jail or home confinement), 2 years probation, $44,616.30 restitution
The successful prosecution of Smith underscores the state’s commitment to protecting Washington’s waterways from the dangers posed by abandoned and polluting vessels. Authorities continue to urge vessel owners to responsibly maintain their boats and address any issues before they escalate into environmental hazards.
Source: EPA ECHO Enforcement Case Database
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