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Civil Penalty

Corps of Engineers Civil Penalties Rise

The U.S. Army Corps of Engineers is adjusting its civil penalty rules to account for inflation. Effective July 26, the maximum Class I civil penalty that the agency may assess under the Clean Water Act and the National Fishing Enhancement Act will increase to $11,000. 69 Fed. Reg. 35515 (HK Law)

CBP – Vessel APIS Guide

The US Customs and Border Protection (CBP) issued its Advance Passenger Information System (APIS) Guide for Vessels. APIS manifests are required to be submitted through the USCG electronic Notice of Arrival/Departure (eNOA/D) web portal for all commercial vessels arriving from or departing for a foreign port or place. The Guide serves to describe the criteria used and the manner in which CBP evaluates the APIS manifest’s compliance with the submission requirements

CG Investigates Near Collision

The U.S. Coast Guard Marine Safety Office San Francisco Bay is investigating the near collision between a container ship Santa Monica and the fishing vessel Cheryl-C near the Golden Gate Bridge. At approximately 7:50 a.m. on August 16, 2005, the container ship Santa Monica was traveling outbound past the Golden Gate Bridge and had to make a drastic course change to avoid a collision with the fishing vessel Cheryl-C

FMC Compromise Agreements

The Federal Maritime Commission (FMC) issued a Notice reporting that it entered into nine compromise agreements with vessel-operating common carriers (VOCCs), ocean transportation intermediaries (OTIs), freight forwarders, and proprietary shippers regarding alleged violations of the Shipping Act of 1984. Under the agreements, the FMC will recover an aggregate amount of $549,000 in civil penalties. Source: HK

CG Stops 4 Unsafe Passenger Vessels

Boarding team members from Coast Guard Station Yankeetown stopped four unsafe passenger vessels operating on the Crystal River, Fla., and in the vicinity of Homosassa, Fla., Dec. 29, through Dec. 31, 2008. During random safety boardings, crewmembers discovered two commercial vessels operated by Stadt Aquatic Adventures operating with more than their maximum allowable passengers. Additionally, Yankeetown crews discovered that the captain of the second vessel failed to properly report a marine

MN100: MOPS Marine License Insurance

MOPS manager Randy ONeill (Photo: MOPS Marine License Insurance)

The Company: Since 1935, MOPS Marine License Insurance has defended the USCG licenses of mariners operating in every maritime sector in the United States. Its network of over 80 maritime law firms, representing almost 200 experienced maritime attorneys, provides MOPS policyholders with personal legal representation from the marine casualty to final disposition. MOPS provides Unlimited License Defense, Full or Partial Income Protection, Civil Legal Defense, Civil Penalty Defense

Puget Sound Has New Tank Ship Security Zone

The Coast Guard is establishing a temporary moving security zone of 500 yards surrounding tank ships while within the waters of Puget Sound and adjacent waters, WA. All vessels within 500 yards of a tank ship shall operate at the minimum speed necessary to maintain a safe course, and shall proceed as directed by the Official Patrol or tank ship master. The Official Patrol will consist of a Coast Guard patrol, or a General Authority Washington Peace Officer

NJ Sues RCCL After Diversion

Reports indicate that New Jersey's attorney general sued Royal Caribbean Cruises Ltd. for diverting a Bermuda-bound cruise to Canada last summer and refusing to issue refunds. The cruise line said a looming storm prompted the change, and was adhering to policies. The state's lawsuit accuses the cruise line of violating the state Consumer Fraud Act. It seeks restitution for the people aboard the ship plus civil penalties.

Riverkeeper Commends Dumping Bill

Riverkeeper, a New York clean water advocate, commended the New York City Council for passing Int. 54-A, a bill substantially increasing penalties for illegal dumping in New York City Waters. The bill, passed unanimously by the City Council, creates a new civil penalty for dumping into the waterways where none currently exists, setting fines at not less than $1,500 or more than $10,000 for the first violation, and not less than $5,000 or more than $20,000 for each subsequent violation. 

Fishing Company Charged Over $1 Mln in Oil Spill Penalties

Photo courtesy of Tri-Marine

Tri-Marine Management Co., Tri-Marine Fishing Management and Cape Mendocino Fishing (Tri-Marine) have agreed to pay $1.05 million in civil penalties and to perform fleet-wide inspections and other corrective measures to resolve claims stemming from an October 2014 oil spill in American Samoa and related violations of spill prevention regulations, the Department of Justice and the Coast Guard announced today. 

US Judge Approves BP Civil Settlement with US Government over 2010 Spill

(Photo: Casey Ware)

U.S. Judge Carl Barbier granted final approval on Monday to BP Plc's civil settlement over its 2010 Gulf of Mexico oil spill after it reached a deal in July 2015 to pay up to $18.7 billion in penalties to the U.S. government and five states.

'Deepwater Horizon' Filmmakers Say Authenticity a Priority

Mark Wahlberg in Deepwater Horizon. Photograph: David Lee/Lionsgate

A top priority for a new movie about the deadly 2010 Gulf of Mexico oil spill was ensuring it accurately depicted the disaster that killed 11 workers, its director and main actor said.   "Deepwater Horizon", which had its world premiere at the Toronto International Film Festival

Kirby to Pay $4.9 Mln Penalty over Oil Spill

(USCG photo by Andrew Kendrick)

Kirby Inland Marine LP has agreed to pay $4.9 million in civil penalties to settle claims stemming from a 4,000-barrel oil spill in the Houston Ship Channel in March 2014, the U.S. Justice Department said on Tuesday.   The company, a subsidiary of Kirby Corp

FMC Collects $338,000 In Penalty Payments

Photo: FMC

Federal Maritime Commission Chairman Mario Cordero announced that the Commission has completed compromise agreements recovering a total of $338,000 in civil penalties. The agreements were reached with one vessel-operating common carrier and six ocean transportation intermediaries (both

US, ATP-IP Reach Settlement over Unauthorized Oil Discharges

Offshore Oil Platform Owner to Improve Safety and Operations in Gulf of Mexico Following Unauthorized Oil Discharges; EPA and Bureau of Safety and Environmental Enforcement secure settlement in first joint judicial enforcement action under Clean Water Act and Outer Continental Shelf Lands Act

Testing US Oil Export Ban Carries Risks

Companies eager to export U.S. oil face fines and other risks if they stray from government-approved practices, trade lawyers said this week, but the challenge is figuring out what the government allows because its rulings have so far been private.

Courts Upholds BP 'gross negligence' Gulf Spill Ruling

A U.S. judge weighing how much BP Plc should be punished for the 2010 Gulf of Mexico oil spill on Thursday refused to overturn his own finding that the oil company's conduct was "grossly negligent." The decision by U.S. District Judge Carl Barbier in New Orleans means BP could still

The Legal Consequences of 46 CFR Subchapter “M”

Daniel J. Fitzgerald

As the holiday season and the end of another year quickly approaches, the towing industry patiently waits for the Coast Guard to finalize the long-awaited towing vessel inspection rule.  More than 10 years ago, Congress passed the Coast Guard and Maritime Transportation Act of 2004

BP Bid to Cut Gulf Spill fine Denied

A U.S. judge on Thursday rejected BP Plc's attempt to reduce the maximum civil fine it could face for its role in the 2010 Gulf of Mexico oil spill, leaving it potentially liable to pay $13.7 billion under the federal Clean Water Act. U.S

Shell Protesters Cited for Entering Safety Zone

U.S. Coast Guard (USCG) Sector Puget Sound investigating officers initiated civil penalties, Friday, against four individuals who entered an established safety-zone around a Shell-contracted vessel in Bellingham during Memorial Day weekend.  

Shell Arctic Rig Protesters Detained and Released

USCG photo by Katelyn Shearer

U.S. Coast Guard (USCG), partner agencies detain, release violators of established safety zone   The 24 people who violated the 500-yard safety zone established around the Shell Arctic drilling rig Polar Pioneer were detained by USCG and partner agency law enforcement personnel Monday

Carnival Faces Penalties Over ADA Compliance

Carnival Breeze (Photo: Carnival Corp.)

Justice Department Reaches Agreement with Carnival Corp. Over ADA Violations by Carnival Cruise Line, Holland America Line and Princess Cruises   The U.S. Justice Department and Carnival Corp. have reached a comprehensive, landmark settlement agreement under the Americans with Disabilities

FMC Collects $1,227,500 in Penalties from NVOCC's


Federal Maritime Commission Chairman Mario Cordero announced that the Commission has completed compromise agreements recovering a total of $1,227,500 in civil penalties.   The agreements were reached with seven non-vessel-operating common carriers (NVOCCs) and one vessel-operating common

USCG Plans to Up Passenger Boat Enforcement

U.S. Coast Guard photo

Coast Guard to step up enforcement of passenger boats along Florida’s coast, reminds passengers to “Ask the Captain”   The U.S. Coast Guard and partner agencies are stepping up enforcement of illegally operated passenger boats in the waters along Florida’s coast

US Maritime Commission Collects $520,000 in Penalties

The U.S. Federal Maritime Commission (FMC, the federal agency responsible for regulating the nation’s international ocean transportation, has completed compromise agreements recovering a total of $520,000 in civil penalties, announced FMC Chairman, Mario Cordero.  

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