Spotlight - Compliance

Welcome to the Maritime Spotlight. Here you'll find hundreds of pages of information on current and recent developments, port security, government compliance, legislation and court decisions. You can access links to industry resources and organizations and archived materials on maritime matters, as well.


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UK – fishing boat skipper sentenced for negligent death of crew

The UK Maritime and Coastguard Agency (MCA) issued a

press notice stating that the skipper of a fishing boat was sentenced to twelve months imprisonment for the unlawful killing of his two crewmembers. The deaths occurred when the boat grounded while returning from a fishing trip. The skipper admitted that he had not been maintaining a proper lookout when the grounding occurred. (6/26/08).

New York – conspiracy to commit bribery on pier project

The US Department of Justice issued a

news release stating that a former New York City engineer pleaded guilty to participating in a conspiracy to commit bribery in connection with a project to repair New York’s Pier 86, the principal location of the Intrepid Sea, Air and Space Museum. The charge related to accepting money in return for ensuring that a co-conspirator corporation received orders for plastic marine pilings for the repair project. (6/20/08).

Sentence includes implementation of remote monitoring system

The US Attorney for the District of New Jersey issued a

news release stating that a ship operator pleaded guilty to making false statements to the US Coast Guard when one of its chief engineers presented a ship’s oil record book (ORB) that he knew contained fraudulent entries. The entries did not disclose intentional discharges of oily waste water on the high seas. The company has agreed to pay a criminal fine of $3.25 million and to make a community service payment of $1.5 million. It has also agreed to replace the oily water separators on its older vessels and to implement an environmental compliance program. A novel element of the plea agreement involves implementation of a remote monitoring system by means of which company shoreside personnel and the US Coast Guard can keep track of waste levels and use of oil waste processing equipment in real-time using data transmitted via satellite. Note: In a perfect world, such monitoring equipment would be absolutely unnecessary. But this may be one of the few effective means of getting the industry and its engineering personnel out of an unfortunate past practice and hard-to-break habit. (6/19/08).

DOJ – ship operator fined for ORB violation

The US Attorney for the Eastern District of Pennsylvania issued a

news release stating that a ship management company and a chief engineer pleaded guilty to a charge that they falsified the oil record book (ORB) on a commercial vessel. The company was sentenced to pay a $1 million fine and a $200,000 community service payment. It will also serve a three year period of probation and institute an environmental compliance program. Note: There are two interesting things about the news release. First, nothing further is mentioned regarding the chief engineer. Secondly, while the news release talks about alleged discharges of oily waste water into the ocean, that is not the offense for which the company was convicted. The US Attorney should tone down the rhetoric to fit the proof. (6/16/08).

DOJ – sentencing in UK for marine hose bid rigging

The US Department of Justice issued a

news release regarding the sentencing by the UK Crown Court of three defendants who were previously convicted in US court of violating antitrust laws by rigging bids, fixing prices, and allocating market shares regarding the sale of marine hose. In the United States, the three individuals were sentenced respectively to 30 months, 24 months, and 20 months in jail. They were also to be given credit for any prison sentence imposed in the United Kingdom. The UK court sentenced the individuals respectively to 36 months, 36 months, and 30 months in jail. (6/11/08).

DOJ – proposed settlement re oil spill

The Department of Justice issued a

news release stating that tentative agreement has been reached to resolve alleged violations of the Federal Water Pollution Control Act (FWPCA) stemming from an oil spill into waters of the Corpus Christi Ship Channel on June 1, 2006. Under the proposal, the oil refinery involved will pay a civil penalty of $1.65 million and perform a supplemental environmental project. The proposed settlement is subject to a 30-day comment period and court review and approval. (6/10/08).

Washington – refueling spill leads to $12,000 civil penalty

The Washington State Department of Ecology issued a

news release stating that it fined a vessel owner $12,000 for a 90-gallon spill of diesel during refueling. The company had protective booms in place, but the operation was determined to be negligent. (5/29/08).

DOJ – NCLL plea agreement

The US Attorney for the Southern District of Florida and Norwegian Cruise Line Limited (NCLL) entered into a

plea agreement regarding the boiler explosion on the cruise ship NORWAY on May 25, 2003. As a result of the explosion, eight crewmembers died and ten others were seriously injured. NCLL agreed to pay a fine of $1 million and to pay restitution to the injured crewmembers and to the families of the deceased in the amount of $13.75 million. (5/23/08).

EEOC – cruise line settles discrimination case

The Equal Employment Opportunity Commission (EEOC) issued a

press release stating that it settled a federal lawsuit against a domestic cruise line for $485,000 to seven former employees and remedial relief. The lawsuit alleged that the former employees, all of Middle Eastern descent, were discharged in violation of the Civil Rights Act of 1964. The cruise line denied that it acted improperly, but agreed to make the payments. It also agreed to revise its policies to ensure equal opportunities in the workplace, to hire an EEO consultant, and to provide training to its managers and employees regarding its equal employment policy and complaint procedures. (5/15/08).

Australia – ship fined for dumping garbage in bay

EPA Victoria issued a

media release stating that the owner and master of a container ship were found guilty of illegally disposing of garbage into Port Phillip Bay. The owner was fined A$35,000 and the master was fined A$7,000. The disposal had been observed by an off-duty police officer, who retrieved some of the garbage. (5/12/08).