New Bedford, MA – Fishing Vessel Enterprises Inc. and its operator, Sea Harvest Inc., have been sentenced following a guilty plea to violations of the Clean Water Act, stemming from repeated illegal discharges of oily bilge water into Massachusetts waters. The companies were penalized with a $1 million criminal fine and a five-year probationary period, highlighting a pattern of negligence and disregard for environmental regulations.
According to court documents, the offenses occurred between early 2017 and late 2018, involving the fishing vessels F/V Enterprise and F/V Pacific Capes, both operating out of New Bedford Harbor. On September 20, 2017, the New Bedford Massachusetts Police Port Security Unit traced an oil sheen in the Acushnet River directly to the F/V Enterprise. The vessel’s manager subsequently admitted to illegally pumping oily bilge water overboard – a practice the vessel had been warned against previously by the U.S. Coast Guard via a Letter of Warning in November 2016 and a Captain of the Port Order in January 2017.
The Coast Guard had even conducted community outreach on August 22, 2017, specifically addressing the issue of illegal bilge water discharge, providing information to fishing crews. Representatives from Fishing Vessel Enterprises Inc. failed to attend this crucial meeting. Despite this, Coast Guard personnel personally delivered informational handouts to the F/V Enterprise, detailing the prohibitions against such discharges. Less than a month later, the illegal discharge occurred, demonstrating a blatant disregard for the provided guidance.
Second Incident & Harbor Impact
The violations weren’t limited to the F/V Enterprise. On July 3, 2018, the F/V Pacific Capes negligently discharged oily bilge water while attempting to pump water from its fish hold into New Bedford Harbor in Fairhaven. Improper valve alignment led to the release of oil, which was discovered both alongside the vessel and approximately 1,000 yards north along the beach. Bilge water, a byproduct of commercial fishing operations, consists of a mix of fuel, oil, fresh water, and seawater. Proper disposal requires either onshore discharge to a licensed facility or processing through an Oil Water Separator (OWS) to ensure oil content remains below 15 parts per million – neither vessel was equipped with an OWS.
Legal Ramifications & Compliance Plan
The companies pleaded guilty to violating 33 U.S.C. 1319(c)(2)(A) and 33 U.S.C. 1319(c)(1)(A) of the Clean Water Act. These statutes prohibit the discharge of oil into navigable waters of the United States. The $1 million criminal fine and five-year probation represent a significant penalty for the offenses. As a special condition of probation, Fishing Vessel Enterprises Inc. and Sea Harvest Inc. are mandated to implement a comprehensive environmental compliance plan, at their own expense, covering a fleet of 36 commercial fishing vessels under their ownership or operation.
GrimyTimes Investigation
The case underscores the ongoing challenges facing New Bedford Harbor, a historically significant but environmentally burdened waterway. Once a bustling center for whaling and industry, the harbor is currently a Superfund cleanup site due to past pollution from electrical device production. The continued strain from illegal discharges like these exacerbate the existing environmental issues, requiring sustained investment and vigilance to restore the harbor’s health. This incident highlights the need for stricter oversight and enforcement of environmental regulations within the commercial fishing industry.
Key Facts
- Defendant: Fishing Vessel Enterprises Inc. & Sea Harvest Inc.
- Crime: Violations of the Clean Water Act – illegal discharge of oily bilge water.
- Location: New Bedford, Massachusetts
- Years of Offense: 2017-2018
- Penalties: $1 million criminal fine and five-year probation.
- Compliance Requirement: Implementation of a comprehensive environmental compliance plan for 36 vessels.
- Vessels Involved: F/V Enterprise and F/V Pacific Capes
Source: EPA ECHO Enforcement Case Database
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