[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)]
[Notices]
[Page 46760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19969]
[[Page 46760]]
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DEPARTMENT OF JUSTICE
Notice of Lodging of Proposed Consent Decree Under the Clean
Water Act
On September 7, 2018, the Department of Justice lodged a proposed
partial consent decree with the United States District Court for the
District of Hawaii in United States of America v. Azure Fishery LLC et
al., Civil Action No. 1:18-cv-00339.
The complaint in this Clean Water Act (``CWA'') case was filed
against the defendants on the same day as the lodging of the consent
decree. The complaint alleges claims against the Hawaii-based longline
fishing companies Azure Fishery LLC and Linh Fishery LLC and
individuals Hanh Nguyen, Khang Dang, Andy Hoang, and Tuan Hoang. The
complaint addresses illegal discharges of oil from the commercial
longline fishing vessel Jaxon T, now known as the St. Joseph, as well
as related violations of the Coast Guard's pollution control
regulations, including failure to provide sufficient capacity to retain
oily bilge waste on board the vessel. The complaint alleges that Azure
Fishery LLC, company members and managers Hanh Nguyen and Khang Dang,
and vessel operator Andy Hoang are each liable for civil penalties
stemming from violations of the CWA, 33 U.S.C. 1321. The United States
seeks injunctive relief from these same defendants and Linh Fishery
LLC, which is the current owner of the vessel. The complaint also
includes a claim under the Federal Debt Collection Procedures Act, 28
U.S.C. 3001 et seq., against Linh Fishery LLC, Hanh Nguyen, Khang Dang,
and Tuan Hoang concerning the fraudulent conveyance of the Jaxon T
after the Coast Guard discovered the violations.
Under the proposed partial consent decree, defendants Nguyen and
Dang will pay a total of $475,000. Under the terms of the CWA, the
penalties paid for these violations will be deposited in the federal
Oil Spill Liability Trust Fund managed by the National Pollution Funds
Center. In addition, the settling defendants will perform corrective
measures to remedy the violations and prevent future violations in
their fleet of twenty-five longline fishing vessels. Required actions
include: (1) Making repairs to vessels to reduce the quantity of oily
waste generated during fishing voyages; (2) providing crewmembers with
training on the proper handling of oily wastes; (3) documenting proper
oily waste management and disposal after returning to port; and (4)
submitting compliance reports to the Coast Guard and to the Department
of Justice.
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 of America v. Azure Fishery LLC et
al., D.J. Ref. No. 90-5-1-1-11849. 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 email............................ [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 website: https://www.justice.gov/enrd/consent-decrees. 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 $14.25 (25 cents per page
reproduction cost) payable to the United States Treasury.
Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment
and Natural Resources Division.
[FR Doc. 2018-19969 Filed 9-13-18; 8:45 am]
BILLING CODE 4410-15-P