Feds allege commercial fishing boat unlawfully discharged oil off Hawaii's coast

By Bree Gonzales | Sep 20, 2018

HONOLULU (Legal Newsline) – The federal government alleges that a fishing vessel owned by a Hawaii limited liability company unlawfully discharged oil into the ocean offshore of Hawaii.

The United States of America, acting at the request of the United States Coast Guard, filed a complaint on Sept. 7 in the U.S. District Court for the District of Hawaii against Azure Fishery LLC, Hanh Thi Nguyen, Khang Quang Dang, Andy Ngog Hoang, Tuan Hoang and Linh Fishery LLC citing the Clean Water Act.

According to the complaint, Linh Fishery owns a fishing vessel named St. Joseph, formerly known as Jason T, that was previously owned by Azure Fishery. The plaintiff alleges in the suit that the vessel "has a history of violations of the Coast Guard's pollution control regulations" and that oil was regularly discharged overboard during fishing voyages instead of being disposed of at a shore reception facility.

The government holds Azure Fishery LLC, Nguyen, Dang, Andy Ngog Hoang, Tuan Hoang and Linh Fishery LLC responsible because the defendants allegedly violated the Clean Water act with the oil discharges.

The plaintiff seeks to assess civil penalties in the amount of up to $46,192 per day of violation or, if it is proved that the violations are the result of gross negligence or willful misconduct, in the amount of at least $184,767 per discharge and up to $5,543 per barrel discharged. It is represented by Jeffrey H. Wood and Stefan J. Bachman of United States Department of Justice in Washington, D.C., and others

U.S. District Court for the District of Hawaii case number 1:18-cv-00339-JAO-RLP 

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