[Federal Register Volume 80, Number 214 (Thursday, November 5, 2015)]
[Notices]
[Page 68565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-28133]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    Notice is hereby given that, for a period of 30 days, the United 
States will receive public comments on a proposed Consent Decree in 
United States v. Tri-Marine Management Co. LLC, et al. (Civil Action 
No. 1:15-cv-0454), which was lodged with the United States District 
Court for the District of Hawaii on October 28, 2015.
    The Complaint in this Clean Water Act case was filed against Tri-
Marine Management Co., LLC, Tri-Marine Fishing Management LLC, and Cape 
Mendocino Fishing LP (collectively, ``Tri-Marine'') concurrently with 
the lodging of the proposed Consent Decree. The Complaint alleges that 
Tri-Marine is civilly liable for violations of Section 311 of the Clean 
Water Act (``CWA''), 33 U.S.C. 1321. The Complaint seeks civil 
penalties and injunctive relief for the discharge of harmful quantities 
of marine diesel fuel oil into navigable waters of the United States 
from Tri-Marine's commercial tuna fishing vessel, the Capt. Vincent 
Gann, into Pago Pago Harbor in American Samoa as well as related 
violations of the Coast Guard's spill prevention regulations issued 
under the Clean Water Act. The Complaint alleges the hull of the Capt. 
Vincent Gann was breached during a crash in October 2014 and at least 
35 barrels of marine fuel oil that was illegally stored in the bulbous 
bow of the vessel flowed into the water. The Complaint further alleges 
the illegal oil storage was done to extend the duration of the fishing 
voyage and allow storage of a larger catch of fish. The extra fuel oil 
had been stored in two of the fish holds, but the oil was transferred 
out of the fish holds to the bulbous bow to make room for storage of 
tuna in those fish holds. The Complaint further alleges the vessel was 
equipped with unlawful piping configurations that tied the bilge water 
system into the fuel system and that the extra fuel originally was 
loaded into the vessel using an unauthorized method of pumping fuel oil 
with hoses over the top of the deck into open fish holds.
    Under the proposed Consent Decree, Tri-Marine will pay a civil 
penalty of $1,050,000 for the alleged violations. In addition to 
payment of the civil penalties, the Consent Decree requires Tri-Marine 
to perform inspections and corrective measures across its entire fleet 
of ten American Samoa-based vessels, including review and overhaul of 
all of the vessels' oil handling practices, operator certifications, 
independent audits, increased reporting, and the engagement of a full-
time consultant or in-house personnel focused on environmental and 
maritime compliance.
    The publication of this notice opens a period for public comment on 
the proposed Consent Decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States v. Tri-Marine Management Co. LLC, 
D.J. Ref. No. 90-5-1-1-11245. All comments must be submitted no later 
than thirty (30) days after the publication date of this notice. 
Comments may be submitted either by email or by mail:

------------------------------------------------------------------------
         To submit comments:                     Send them to:
------------------------------------------------------------------------
By e-mail...........................  [email protected].
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
------------------------------------------------------------------------

    During the public comment period, the proposed Consent Decree may 
be examined and downloaded at this Justice Department Web site: http://www.usdoj.gov/enrd/Consent_Decrees.html. We will provide a paper copy 
of the proposed Consent Decree upon written request and payment of 
reproduction costs. Please mail your request and payment to: Consent 
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
    Please enclose a check or money order for $6.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Thomas P. Carroll,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2015-28133 Filed 11-4-15; 8:45 am]
BILLING CODE 4410-15-P