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Fishermen Fined for Ocean Pollution
The United States filed a civil enforcement action against Azure Fishery LLC, the company’s managers, the operator of the commercial fishing vessel Jaxon T, now known as the St. Joseph, and the current owner of the vessel for violations of the federal Clean Water Act. The complaint alleges willful discharges of oil, including oily bilge water, from the vessel into the ocean offshore of Hawaii, as well as related violations of the Coast Guard’s longstanding spill prevention and pollution control regulations.
According to the complaint, the defendants routinely pumped a mixture of fuel oil, lubricating oils, water, and other fluids from the vessel’s engine room bilge into the Pacific Ocean rather than retain the waste on board. The United States alleges that Azure Fishery LLC and the company managers and vessel operator are each liable for civil penalties under the Clean Water Act for discharging oily mixtures into the waters off Hawaii.
The complaint further alleges that company managers Hanh Nguyen and Khang Dang fraudulently transferred the vessel to the current owner, Linh Fishery LLC, shortly after the Coast Guard discovered the violations in March 2017. The sale of the vessel and distribution of the proceeds to company members rendered Azure Fishery LLC insolvent and thus otherwise unable to pay a civil penalty.
As part of the settlement, Nguyen and Dang agreed to pay $475,000 in civil penalties and reimbursements. The managers also committed to perform operational improvements and other compliance measures to their entire fleet of 25 longline fishing vessels based in Honolulu. The claims against the rest of the defendants remain for future adjudication.
Azure Fishery LLC and the company managers and vessel operator are liable for civil penalties under the Clean Water Act for discharging oily mixtures into the waters off Hawaii. The United States also seeks injunctive relief from these same defendants and Linh Fishery LLC, the current owner of the vessel.
The U.S. Coast Guard has brought this case in close partnership with the Justice Department’s Environment and Natural Resources Division. Rear Adm. Kevin Lunday, Commander, Coast Guard 14th District, stated, “All vessel owners and operators are responsible for maintaining their vessels and preventing illegal discharges of oily wastes into the ocean. We are committed to the people of Hawaii to protect our waters and the Pacific Ocean from the damage caused by illegal pollution.”
U.S. Attorney for the District of Hawaii Kenji M. Price stated, “This settlement, and the other tremendous work performed by the law enforcement community in this area, should encourage owners and operators to proactively make necessary repairs and improve their waste disposal practices. Violators who fail to act on this message will face similar, or more severe, consequences.”
Key Facts
- State: Federal
- Category: Environmental Crime
- Source: DOJ Press Release â†â€â€
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