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Taiwanese Shipping Company Convicted for Dis- Charging Oily Bilge Waste Into the Waters of American Samoa

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Taiwanese Shipping Company Convicted for Dis- Charging Oily Bilge Waste Into the Waters of American Samoa Inséré le 24 juin 2011 LOGBOEK NEWS Enlevé le 24 juillet 2011 Taiwanese Shipping Company Convicted for Dis- charging Oily Bilge Waste into the Waters of American Samoa Koo‘s Shipping Company S.A ., a Taiwanese corporation, pleaded guilty in federal court to charges of making false statements, knowingly failing to fully and accurately maintain an oil record book as re- quired by international treaty and United States law, and for knowingly discharging oily bilge waste into Pago Pago Harbor, American Samoa, without using proper pollution prevention equipment, an- nounced Assistant Attorney General Ignacia S. Moreno and United States Attorney for the District of Columbia Ronald C. Machen Jr The plea took place before the Honorable Gladys Kessler in United States District Court for the District of Columbia. The company was sentenced to pay a $750,000 criminal fine and pay $250,000 towards community service projects in American Samoa, and was placed on probation for three years. The com- munity service payment will be split equally between the National Marine Sanctuary Foundation and the National Fish and Wildlife Foundation for environmental restoration and protection projects in American Samoa. ―We will aggressively prosecute vessel com- panies who willfully violate the laws enacted to protect our oceans,‖ said Assistant Attorney General Moreno, head of the Environment and Natural Resources Division for the Department of Justice. ―Koo‘s is paying a just price for knowingly discharging oily waste into the ecologically sensitive harbor of Pago Pago. This penalty will help restore and protect the environment of American Samoa.‖ ―This million dollar penalty will deter others from illegally dumping oil into our oceans and harbors, while at the same time providing resources to clean up our environment,‖ said United States Attorney Machen. ―The sentence also requires Koo‘s to establish a comprehensive program to prevent future environmental violations. We hope that forward-looking compa- nies will establish similar programs to protect our natural re- sources rather than face the threat of criminal prosecution and hefty fines.‖ ―I am extremely proud of the combined efforts of the United States and American Samoa governments, as well as our industry partners in Pago Pago, that resulted in the first conviction of ille- gal dumping in American Samoan waters,‖ said Captain Joanna M. Nunan, Commander of the Coast Guard Sector in Honolulu. ―The $1 mil- lion sentence, including $250,000 in coral reef restoration projects, sends the strong message that polluting our waters will not be toler- ated.‖ Koo‘s Shipping Company S.A. owned and operated a 4,491 gross ton 396 foot commercial ocean going ship named the M/V Syota Maru that carried frozen fish and fish products primarily in the Pacific Ocean and into American Samoa. On August 17, 2010, the United States Coast Guard Marine Safety Detachment in American Samoa conducted an in- spection of the vessel in Pago Pago. The Coast Guard learned, from in- specting the engine room and interviewing crewmembers, that the crew had been discharging oily bilge waste directly into the ocean without us- ing the required pollution prevention equipment. The Coast Guard in- spection lasted several days, and on August 19, 2010 and August 26, 2010, the Coast Guard witnessed and learned that the crew was dumping oily bilge waste directly into Pago Pago Harbor without using proper pollution prevention equipment. All discharges of oil or oily bilge waste from a vessel into the sea, even if illegal, are required to be re- corded in the vessel‘s Oil Record Book. None of these discharges were recorded in the Oil Record Book for the M/V Syota Maru. ―The oceans must be protected from shipping companies that look to cut corners by illegally dumping oily waste,‖ said Nick Torres, Special Agent in Charge of EPA‘s criminal enforcement program in Ameri- can Samoa. ―Laws are enacted to prevent the oceans from being used as dumping grounds. Today‘s action shows that shipping companies that violate those laws will be held fully accountable for their crimes. The resolution of this case is good news for the American Samoan people and their environ- ment.‖ ―Today's sentencing was both a success and benchmark, demonstrating the importance of continued joint efforts by federal law enforcement to enforce violations of U. S. and international maritime laws throughout the vast area of the South Pacific,‖ said Joshua J. Masterson, Special Agent-in-Charge of Coast Guard Investigative Service-Pacific Region. ―Considering the volume of commercial fishing com- panies operating in and around the various U. S. Pacific Islands, we are likely just scratching the sur- face.‖ The National Marine Sanctuary Foundation will receive $125,000 for the benefit of the Fagatele Na- tional Marine Sanctuary in American Samoa. The funds will be used for the abatement, cleanup, and remediation of pollution in the sanctuary; and restoration of injured resources, particularly including coral reefs. The National Fish and Wildlife Foundation will also receive $125,000 for the preservation and restoration of coral reefs in or near American Samoa. ―Where criminal activity does damage to natural resources, it is a matter of good public policy that penalties are returned to those resources to mitigate the damage caused and to further protect them,‖ said Jason Patlis, President and CEO of the National Marine Sanctuary Foundation. ―The National Fish and Wildlife Foundation is pleased to be a recipient of the community service funds resulting from this prosecution,‖ said Tom Kelsch, Director of Conservation for the Foundation. ―These funds will support vital conservation projects that will benefit coral reefs in and around American Samoa.‖ During the pe- riod of probation, Koo‘s will be required to implement a comprehensive Environmental Compliance Plan (ECP) which will ensure that each of the ships owned or operated by Koo‘s complies with all maritime environmental requirements established under applicable international, flag state, and port state laws. The ECP establishes training programs for Koo‘s employees and a compliance manager who will be re- sponsible for implementing the training program and making certain that Koo‘s complies with various audits and laws governing Koo‘s seagoing vessels. An independent monitor will report to the court about Koo‘s compliance with its obligations during the period of probation. This case was investigated by the United States Coast Guard and the United States Environmental Protection Agency. The case was prosecuted by Frederick W. Yette from the United States Attorney's Office for the District of Co- lumbia and by Ken Nelson in the Environmental Crimes Section of the Environment and Natural Re- sources Division of the Department of Justice. Source: US Department of Justice Inséré le 26 juin 2011 LOGBOEK NEWS Enlevé le 26 juillet 2011 Call for change to SOLAS to supress piracy at sea Prominent UK and US maritime lawyer and maritime author Dr John A.C. Cartner is calling on the International Maritime Organization (IMO) to enact changes to the Safety at Life at Sea Convention (SOLAS) to combat the con- tinuing problem of piracy facing the global merchant fleet by allowing ships to carry armed guards. Piracy is a growing phenomenon with 1,181 seafarers captured and eight killed in 2010. According to Dr Cartner, managing member of Washington-based law firm Cartner & Fiske LLC, under SOLAS and other laws it is a ship master‘s doctrinal duty to protect the lives of those aboard his ship, but that he may not currently lawfully do this with private armed guards. As pirates endanger the lives of persons aboard ships, SOLAS should be amended under the tacit acceptance procedure of the Con- vention to give limited transactional immunity to the shipowner and master placing armed guards aboard their vessels to protect the lives of those aboard. The tacit acceptance procedure facilitates a quick and simple modification to keep pace with rapidly-evolving technology in shipping, but can also be used to deal with pirates. Dr Cartner, who is himself an unrestricted master mariner who has commanded tankers and container vessels, says: ―A vote of IMO members can pass a change to SOLAS which would give limited transactional immunity to any person who in good faith injures a putative pirate to protect the lives aboard. This person would be immune from prosecution by any state party or civil suit in any jurisdiction by the injured or his personal representative if the injury occurs in an area declared by the IMO Secretary General to be one known to be frequented by pirates. The language would cover any party including owners, managers, operators, insurers, armed guards and their hiring entities, masters and officers and ratings.‖ He adds: ―I urge shipowners and other stakeholders to bring pressure to bear on IMO to enact these changes. It is an inexpensive and simple move for the IMO to make. Armed guards carried on ships will substan- tially suppress piracy. Whilst naval forces and their marines are immune from criminal prosecutions for their acts unless they step outside their perimeters of duties, armed private guards killing or injuring a pirate are currently committing a crime under flag state laws and the master is an accomplices or abet- tor to this crime. A contract cannot waive this criminal liability and an owner agreeing to a contract where armed guards kill a pirate is perhaps premeditating. Any case for self defence is argued before a court and not prior to the act. It is clear that naval forces face too huge a challenge to successfully defeat piracy singlehandedly and that the carriage of armed guards aboard merchant vessels is the only practical solution to this problem. The IMO's act would serve to immediately suppress piracy in those regions designated by the Secretary General as zones for concern.
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