Pago Pago, American Samoa – Taiwanese shipping company Koo’s Shipping Company S.A. has been penalized $1 million for illegally dumping oily bilge waste into the waters of American Samoa, according to a Department of Justice announcement made on March 31, 2011. The case, investigated by the U.S. Coast Guard and the U.S. Environmental Protection Agency, highlights a pattern of deliberate pollution and falsified records aboard the company’s 4,491 gross ton vessel, the M/V Syota Maru.
The investigation began on August 17, 2010, when the U.S. Coast Guard Marine Safety Detachment in Pago Pago conducted a routine inspection of the M/V Syota Maru, which primarily transports frozen fish and fish products. Coast Guard personnel quickly discovered evidence suggesting the crew was bypassing required pollution prevention equipment and discharging oily bilge waste directly into the ocean. Subsequent inspections on August 19th and 26th confirmed these findings, with Coast Guard personnel directly witnessing the illegal dumping into Pago Pago Harbor.
Crucially, the discharges were not recorded in the vessel’s Oil Record Book, a legal requirement for all maritime vessels. This omission constituted a deliberate attempt to conceal the illegal activity and further violated maritime law. Investigators interviewed crew members who confirmed the widespread practice of illicit discharge, indicating a systemic failure to adhere to environmental regulations.
Legal Ramifications and Penalties
On February 7, 2011, Koo’s Shipping was formally charged with two counts of violating the MARPOL Protocol (33 U.S.C. 1908(a)) – an international treaty designed to prevent pollution from ships – and one count of making false statements (18 U.S.C. 1001) regarding the Oil Record Book. The company pleaded guilty to all charges on March 31, 2011, before U.S. District Court Judge Gladys Kessler in Washington, D.C. The sentencing included a $750,000 criminal fine, $250,000 in restitution towards community service projects in American Samoa, and a three-year probationary period.
The $250,000 restitution was split evenly between the National Marine Sanctuary Foundation and the National Fish and Wildlife Foundation, earmarked for environmental restoration and coral reef protection projects in American Samoa. Furthermore, Koo’s Shipping is mandated to implement a comprehensive Environmental Compliance Program (ECP), overseen by the USCG and DOJ-ECS, across all its vessels. This ECP includes employee training, a dedicated compliance manager, and regular audits to ensure future adherence to maritime environmental regulations. An independent monitor will report compliance to the court throughout the probationary period.
GrimyTimes Investigation
This case underscores the ongoing challenge of enforcing environmental regulations within the vast expanse of the Pacific Ocean. While this conviction represents a victory for environmental protection in American Samoa, authorities acknowledge that illegal dumping may be more widespread than reported. The Coast Guard Investigative Service-Pacific Region stated they are “likely just scratching the surface” in terms of uncovering similar violations within the commercial fishing industry operating in the region. GrimyTimes will continue to monitor maritime enforcement efforts and investigate potential environmental crimes at sea.
Key Facts
- Defendant: Koo’s Shipping Company S.A.
- Vessel: M/V Syota Maru
- Location: Pago Pago Harbor, American Samoa
- Crime: Illegal discharge of oily bilge waste, falsifying Oil Record Book
- Statutes Violated: 33 U.S.C. 1908(a) (MARPOL Protocol), 18 U.S.C. 1001 (False Statements)
- Penalties: $750,000 fine, $250,000 restitution, 3 years probation, Environmental Compliance Program
- Date of Plea: March 31, 2011
“We will aggressively prosecute vessel companies who willfully violate the laws enacted to protect our oceans,” stated Assistant Attorney General Ignacia S. Moreno. “Koo’s is paying a just price for knowingly discharging oily waste into the ecologically sensitive harbor of Pago Pago.”
Source: EPA ECHO Enforcement Case Database
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