U.S. criminal sanctions for high seas pollution by foreign vessels entering U.S. ports.

• Author: Crook, John R.

The U.S. Department of Justice has successfully prosecuted numerous cases against operators and crew members of foreign-flagged vessels visiting U.S. ports for offenses related to pollution of the high seas. Most of these cases involve violations discovered during U.S. Coast Guard inspections of visiting vessels in U.S. ports. Four recent cases are noted here.

Jury Convicts Portuguese Tanker Operator and Engineers. In November 2008, a federal jury convicted the Portuguese operator of a tanker vessel fleet, along with two engineers, of felony charges related to unlawful discharges into the sea. Excerpts from the Department of Justice announcement follow:

A federal jury in Corpus Christi, Texas returned guilty verdicts against General Maritime Management (Portugal), the operator of a fleet of tanker vessels, Chief Engineer Antonio Rodrigues, and First Engineer Jose Cavadas, for making false statements to the United States Coast Guard and failing to maintain an accurate oil record book as required by United States and international law, the Justice Department announced. Each defendant was convicted of two felony violations. The criminal convictions were related to events occurring on board the tanker M/T Genmar Defiance during a voyage to Corpus Christi in November 2007. On Nov. 24, 2007, engine room crew members were directed by First Engineer Cavadas to assist in hooking-up a flexible hose between the ship's bilge pump and the overboard discharge valve bypassing the vessel's pollution prevention equipment--its oil-water separator--and allowed crewmembers to pump the contents of the bilge tank directly into the sea. ... Two engine room crewmen secretly photographed the illegal connection and provided the photographs to the Coast Guard during a routine boarding of the vessel on Nov. 28, 2007 while the Defiance was docked at the Valero refinery. (1) Spanish Company Fined for Oily Bilge Waste. In July 2009, the Spanish operator of an ocean-going chemical tanker ship was fined more than $2 million and placed on probation for criminal violations involving discharge of oil-contaminated bilge waste on the high seas. Two crew members earlier pleaded guilty to related criminal charges. According to the Justice Department's announcement,

Consultores de Navegacion, a Spanish company that operates the M/T Nautilus, an ocean-going chemical tanker ship, was sentenced today by U.S. District Judge Douglas P. Woodlock to pay a fine of more than $2 million and...