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