[Federal Register Volume 86, Number 224 (Wednesday, November 24, 2021)]
[Notices]
[Page 67086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-25654]
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DEPARTMENT OF JUSTICE
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
Center.
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:
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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 $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]
BILLING CODE 4410-15-P