[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Page 67086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25654]



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

    On November 18, 2021, the Department of Justice filed a Complaint 
under the Clean Water Act and lodged a proposed Consent Decree with the 
United States District Court for the District of Hawaii in the lawsuit 
entitled United States of America v. JM Fisheries LLC et al., Civil 
Action No. 1:21-cv-00452.
    The Complaint alleges that the defendants, San Diego, California-
based JM Fisheries LLC and G.S. Fisheries Inc., company manager James 
Sousa, and chief engineer Edward DaCosta, are civilly liable for 
violations of Section 311 of the Clean Water Act, 33 U.S.C. 1321. The 
Complaint alleges that the companies and individuals are liable for 
violations related to the commercial fishing vessel Capt. Vincent Gann 
and operations in and around American Samoa. The Complaint addresses 
the discharge of oil, including oily bilge waste, into Pago Pago 
Harbor, American Samoa, in April 2018. The Complaint also includes 
Clean Water Act claims for violations of the Coast Guard's pollution 
control regulations related to the defendants' operation of the vessel.
    Under the proposed Consent Decree, the companies and company 
manager James Sousa will pay $720,000 in civil penalties. The Consent 
Decree also requires these defendants to perform corrective measures on 
all vessels they own or operate. These measures include hiring an 
independent maritime consultant to conduct a top-to-bottom review of 
each vessel's oil handling practices and operations, training 
crewmembers on proper operation and maintenance of the oily water 
separator system and on the required recordkeeping associated with the 
system, documenting transfers of oil within and to each vessel, and 
submitting compliance reports to the Coast Guard and the Department of 
Justice. Through a separate stipulated settlement, the vessel's chief 
engineer, Edward DaCosta, will pay $5,000 in civil penalties based on a 
demonstrated limited ability to pay a higher penalty.
    The penalties paid in this case will be deposited in the federal 
Oil Spill Liability Trust Fund managed by the National Pollution Funds 
    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. JM Fisheries LLC et 
al., D.J. Ref. No. 90-5-1-1-11245/1. All comments must be submitted no 
later than thirty (30) days after the publication date of this notice. 
Comments may be submitted by either email or by mail:

         To submit comments:                     Send them to:
By email............................  [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 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-
    Please enclose a check or money order for $10.50 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Lori Jonas,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2021-25654 Filed 11-23-21; 8:45 am]