Fukuichi Gyogyo Kabushiki Kaisha, Obstruction and Environmental Crimes, Guam 2023

A Japanese fishing company, Fukuichi Gyogyo Kabushiki Kaisha, was convicted and sentenced to pay a $1.5 million criminal fine and serve a five-year term of probation, during which vessels owned and/or operated by the company will be banned from entering the Exclusive Economic Zone, Territorial Sea, or a port or terminal belonging to the United States without prior approval.

Fukuichi Gyogyo Kabushiki Kaisha, the owner and operator of the F/V Fukuichi Maru No. 112, pleaded guilty to one count of obstruction of an agency proceeding, and two counts of violating the Act to Prevent Pollution from Ships.

The charges stemmed from discharges of waste oil and oily bilge water from the F/V Fukuichi Maru No. 112 into international waters and the attempt to cover up those discharges when the vessel was inspected by the U.S. Coast Guard in Apra Harbor, Guam.

“Fukuichi broke the law when the company intentionally discharged oily bilge waste into the ocean. To make matters worse, Fukuichi tried to cover up their unlawful acts by obstructing the routine Coast Guard inspection,” said Assistant Attorney General Jeffrey Bossert Clark for the Justice Department’s Environment and Natural Resources Division.

U.S. Attorney Shawn N. Anderson stated, “Fukuichi’s fishing vessel plied the waters of the Western Pacific for decades in disregard of basic environmental precautions. It would have continued to do so but for the United States asserting jurisdiction in this criminal prosecution. Our waters and reefs are worthy of protection through punitive enforcement action. We will target any companies or persons who engage in similar unlawful conduct.”

Fukuichi Gyogyo Kabushiki Kaisha will also be required to implement a comprehensive Environmental Compliance Plan (ECP) that includes vessel audits, which must be sent to the nearest U.S. Coast Guard Captain of the Port prior to any of the company’s vessels entering U.S. waters or a U.S. port.

The F/V Fukuichi Maru No. 112 entered Apra Harbor, Guam, on April 1, 2019, for repairs to its cargo refrigeration system. During the inspection, the U.S. Coast Guard discovered fifteen pollution and safety deficiencies, including numerous leaks of water and oil into the bilges and the Chief Engineer confessed that the practice on the vessel was to discharge waste oil and oily bilge water directly into the ocean using an emergency bilge pump system and buckets.

The inspectors examined the vessel’s Oil Record Book and discovered two hundred and thirty-three incorrect or false entries. Later during the inspection, the inspector discovered that the Chief Engineer obstructed their proceeding by erasing forty-two of the fraudulent or incorrect entries and replacing them with new information. The inspectors also examined the vessel’s Garbage Record Book (GRB) and discovered that it contained a series of “ditto” marks instead of the signature of the officer in charge of managing the garbage.

Fukuichi Gyogyo Kabushiki Kaisha was convicted and sentenced on [no specific date provided] in the District of Guam.

Source: https://www.justice.gov/archives/opa/pr/japanese-fishing-company-convicted-obstruction-justice-and-falsifying-records-cover-illegal