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)

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 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

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.

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 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

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

USCG Identification Documents for Foreign Crewmembers

The US Coast Guard proposes to require each crewmember on a foreign commercial vessel en route to a US port or place or at a US port or place and each crewmember on a US commercial vessel arriving from a foreign port or place to carry and present on demand an acceptable identification when in US navigable waters.  Acceptable identification for this purpose means a passport; a US Permanent Resident Card; a US merchant mariner’s document; a US Transportation Worker Identification

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. 

Blaze Platform Operators, Black Elk, Rapped by BSEE

The US Bureau of Safety & Environmental Enforcement (BSEE) notify company they must take immediately improve safety performance. BSEE notify Black Elk Energy Offshore Operations (Black Elk) must take immediate steps to improve its safety performance on the U.S. Outer Continental Shelf (OCS). The specific actions were detailed in a letter to the company that follows a number of enforcement actions taken by the bureau over the past two years related to violations of federal regulations