Bouchard Transportation Company, Violating Migratory Bird Treaty Act, Massachusetts 2005

Buzzards Bay Devastated by Bouchard Oil Spill; Company & Mate Face Consequences

New Bedford, MA – In 2005, a catastrophic oil spill in Buzzards Bay, Massachusetts, resulted in significant environmental damage and led to criminal charges against both Bouchard Transportation Company and one of its employees. The incident, stemming from negligence during vessel operation, unleashed nearly 100,000 gallons of heavy fuel oil, impacting sensitive coastal ecosystems and claiming the lives of hundreds of protected birds.

The incident unfolded on November 18, 2004, when the tug Evening Tide, towing the barge B-120, strayed from the marked shipping channel and collided with a rock outcropping. This collision ripped a 12-foot gash in the barge’s hull, releasing approximately 98,000 gallons of No. 6 heating oil into the pristine waters of Buzzards Bay and along the adjoining shoreline. The slick quickly spread, coating beaches and marshes, and proving immediately lethal to local wildlife.

Federal prosecutors swiftly moved to hold those responsible accountable. Bouchard Transportation Company was charged with one count of violating the Migratory Bird Treaty Act (16 U.S.C. 703) and one count of negligent violation of the Clean Water Act (33 U.S.C. 1319(c)(1)). The company entered a guilty plea and, on November 18, 2004, was sentenced to a three-year probationary period, a $175 special assessment fee, and a substantial $10,000,000 in federal fines. The penalty reflects the severity of the environmental damage and the company’s failure to ensure safe vessel operation.

Further investigation revealed that the mate of the Evening Tide, identified as Hill, was directly responsible for the navigational error. He was subsequently charged on April 26, 2005, with similar violations: one count under the Migratory Bird Treaty Act and one count of negligent violation of the Clean Water Act. Hill also pled guilty on May 24, 2005, and on September 21, 2005, received a five-month prison sentence for his role in the disaster. The prosecution highlighted Hill’s direct negligence in causing the grounding and subsequent oil release.

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Key Facts

Defendant (Company): Bouchard Transportation Company
Defendant (Individual): Hill (Mate of Evening Tide)
Location: Buzzards Bay, Massachusetts
Date of Incident: November 18, 2004
Substance Released: 98,000 gallons of No. 6 heating oil
Wildlife Impact: Confirmed death of at least 478 federally protected migratory birds
Statutes Violated: 33 U.S.C. 1319(c)(1) (Clean Water Act), 16 U.S.C. 703 (Migratory Bird Treaty Act)
Company Penalty: 36 months probation, $175 special assessment, $10,000,000 federal fines
Individual Penalty: 5 months incarceration

The case serves as a stark reminder of the environmental risks associated with maritime transportation and the crucial importance of adhering to navigational safety protocols. The substantial fines and prison sentence underscore the federal government’s commitment to prosecuting those who negligently pollute U.S. waterways and endanger protected species. GrimyTimes will continue to follow developments in environmental crime and hold polluters accountable.

Source: EPA ECHO Enforcement Case Database

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