Penalties levied for clean water violations in American Samoa

Pago Pago, AMERICAN SAMOA — San Diego-based JM Fisheries LLC, G.S. Fisheries Inc., the companies’ manager, and the chief engineer of the commercial fishing vessel Capt. Vincent Gann have agreed to pay a total of $725,000 in civil penalties to settle federal Clean Water Act claims related to oil pollution violations on the vessel. The companies and their manager have also agreed to perform corrective measures to prevent future Clean Water Act violations.    

Working with the Coast Guard, the Department of Justice filed a civil complaint today in the U.S. District Court for the District of Hawaii against JM Fisheries LLC, G.S. Fisheries Inc., James Sousa, and Edward DaCosta, along with a proposed consent decree resolving the allegations in the complaint against the companies and manager and a stipulated settlement agreement resolving the allegations against the chief engineer.

The United States allegeD in the complaint that, on April 20, 2018, the defendants discharged oil and oily mixtures from the fishing vessel Capt. Vincent Gann’s engine room bilge into Pago Pago Harbor, American Samoa, while performing repairs on the vessel. The Coast Guard responded to the discharge in the harbor and oversaw the cleanup efforts. The complaint further alleges a host of violations of pollution control regulations, including a failure to properly maintain and operate the vessel’s onboard oily water treatment system and a non-approved bypass modification to the system. JM Fisheries LLC subsequently reimbursed the Coast Guard for the cleanup work.

To resolve the claims in the complaint, the consent decree requires the companies and company manager James Sousa to perform corrective measures on all vessels they own or operate.

Additionally, the consent decree requires them to pay a joint civil penalty of $720,000. The stipulated settlement agreement requires the Capt. Vincent Gann’s chief engineer, Edward DaCosta, to pay a civil penalty of $5,000 to resolve the claims alleged against him in the complaint. This penalty amount is based on a demonstrated limited ability to pay a higher penalty.

The proposed consent decree is subject to a 30-day public comment period and court review and approval. A copy of the consent decree is available on the Department of Justice website at www.justice.gov/enrd/Consent_Decrees.html.