Briese Schiffahrts GMBH & Co. KG MS, Oil Pollution, Florida 2016

Pensacola, FL – German shipping company Briese Schiffahrts GMBH & Co. KG MS has been sentenced following a guilty plea to charges of illegally discharging oil into the ocean and obstructing a U.S. Coast Guard investigation. The case, brought by the Environmental Protection Agency (EPA) and the Department of Justice, highlights a deliberate effort to circumvent international and U.S. maritime environmental regulations.

The investigation stemmed from a March 2015 inspection of the cargo ship M/V BBC Magellan at the Port of Pensacola. Coast Guard officials discovered a bypass hose rigged to allow the ship’s crew to illegally dump oily waste directly into the sea, bypassing pollution prevention equipment as required by law. Evidence revealed the practice occurred between January and March 2015, with crew members acting under the direction of the vessel’s owner.

Crucially, the company not only engaged in the illegal dumping but also actively worked to cover it up. The ship’s chief engineer instructed crew members to provide false statements to the Coast Guard regarding the purpose of the hose and the disposal of oily wastes. This constituted a clear attempt to obstruct justice and tamper with witnesses, compounding the environmental crime.

Assistant Attorney General John C. Cruden of the Justice Department’s Environmental and Natural Resources Division emphasized the severity of the offense, stating that shipping companies “must respect the international laws and obligations of their trade.” He underscored that intentional deception and witness tampering “will not be tolerated.” Acting U.S. Attorney Christopher P. Canova for the Northern District of Florida added that the prosecution aims to protect coastal waters and marine life for future generations.

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Penalties and Fallout

Briese Schiffahrts GMBH & Co. KG MS was sentenced to five months of probation and ordered to pay a total of $1.25 million in fines. An additional $250,000 in community service payments will be directed to the National Fish and Wildlife Foundation to support projects aimed at restoring coastal habitats and bolstering fish and wildlife populations in the Gulf of Mexico. Furthermore, the M/V BBC Magellan has been banned from operating within U.S. waters for the next five years.

The case serves as a stark reminder of the ongoing efforts to combat illegal maritime pollution. Acting Special Agent in Charge Andy Castro of the EPA’s criminal enforcement program in Florida warned that the agency will continue to pursue those who falsify records and violate U.S. environmental laws. The investigation was a collaborative effort between the U.S. Coast Guard Sector Mobile, the U.S. Coast Guard Investigative Service, and the EPA.

Key Facts

Defendant: Briese Schiffahrts GMBH & Co. KG MS
Crime: Illegal discharge of oil into the ocean and witness tampering
Location: Port of Pensacola, Florida
Laws Violated: 33 U.S.C. 1908(a) (Clean Water Act), 18 U.S.C. 1512(b)(3) (Witness Tampering), MARPOL Protocol – Prevention of Pollution from Ships
Penalty: $1.25 million fine, $250,000 community service payment, 5-year ban on M/V BBC Magellan from U.S. waters.
Investigation: Joint effort by U.S. Coast Guard and EPA

Source: EPA ECHO Enforcement Case Database

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