Ship Owner, Manager and Chief Engineer Indicted for Covering Up Pollution

Boston, MA (DOJ) - Two foreign companies that own and operate an oceangoing chemical tanker named M/T Nautilus (IMO No. 9150767), together with the ship’s Chief Engineer, were indicted today in federal court for covering up discharges of oil-contaminated waste at sea.

United States Attorney Michael J. Sullivan and Rear Admiral Dale G. Gabel, United States Coast Guard, Commander, First Coast Guard District, announced today that CONSULTORES de NAVEGACION, S.A. (“CONSULTORES”), a Spanish company, ICEPORT SHIPPING COMPANY LTD. (“ICEPORT SHIPPING”), a Cypriot company, and Chief Engineer CARMELO ORIA (“ORIA”), age 52, of Spain, were charged in a superseding indictment with one count of conspiracy, one count of violating the Act to Prevent Pollution from Ships (APPS) by failing to maintain an accurate ship record concerning the disposal of oil-contaminated waste, and one count of making false statements to United States Coast Guard authorities regarding the pumping of oil-contaminated waste overboard. In addition, CONSULTORES and ICEPORT SHIPPING were charged with one count of falsifying records with an intent to impede the administration of a federal agency matter and one count of obstruction of justice.

Federal and international law requires that all ships follow pollution regulations that include proper disposal of oily water through an Oil Water Separator on board the vessel. Large vessels generate oil-contaminated water waste when water mixes in the bottom of the vessel (the bilge), with oil leaked and dripped from the machinery and the lubrication and fuel systems. Such oil-contaminated bilge waste may properly be disposed of by off-loading it to a licensed hauler and disposal facility at port, or by discharging it overboard after the oil is separated out using the vessel’s Oil Water Separator. Federal law further requires ships to accurately record each disposal of oil-contaminated bilge water in an Oil Record Book and to have the Oil Record Book available for inspection by the United States Coast Guard within the internal waters of the United States.

The superseding indictment alleges that between June 2007 and March 2008, CONSULTORES and ICEPORT SHIPPING, acting through ORIA and senior engineers on the M/T Nautilus, directed subordinate engine room crew members to use a metal pipe to bypass the M/T Nautilus’s Oil Water Separator and instead discharge oil-contaminated waste directly overboard. In particular, the superseding indictment alleges that on two occasions in August 2007, a Ukranian chief engineer of the M/T Nautilus directed the discharge of pollution overboard, and that on March 18, 2008, ORIA directed the discharge of pollution overboard. Thereafter, on March 22, 2008, in the port of Boston, Massachusetts, the Defendants made and used a false Oil Record Book that failed to disclose prior discharges into the ocean of oil-contaminated waste by the M/T Nautilus. The Defendants knowingly maintained an Oil Record Book that failed to disclose the overboard discharge of oil-contaminated waste without the use of the ship’s pollution prevention equipment. The superseding indictment further alleges that, on March 23, 2008, the Defendants falsely stated to United States Coast Guard authorities that, among other things, ORIA never ordered the pumping of oil-contaminated waste overboard.

If convicted, CONSULTORES and ICEPORT SHIPPING face a statutory maximum fine of $500,000 on each of the five counts or, alternatively, twice the gross gain resulting from the offenses.

If convicted on the conspiracy charge, ORIA faces up to 5 years imprisonment, to be followed by 3 years of supervised release and a $250,000 fine. If convicted on the APPS charge, ORIA faces up to 6 years imprisonment, to be followed by 3 years of supervised release and a $250,000 fine. If convicted of the false statements charge, ORIA faces up to 5 years imprisonment, to be followed by 3 years of supervised release and a $250,000 fine.

The case was investigated by the U.S. Coast Guard, Sector Boston, Coast Guard Investigative Service, New England Region. It is being prosecuted by Assistant U.S. Attorney Linda M. Ricci of Sullivan’s Economic Crimes Unit and Special Assistant U.S. Attorney Christopher Jones of the United States Coast Guard First District Legal Office.

Coast Guard responds to crane collapse

BOSTON - The Coast Guard and local police are responding to the site where a crane collapsed today in Quincy, Mass.

The Coast Guard is maintaining a safety zone between the Fore River Bridge and the Braintree terminal to direct boating traffic away from the area.

Coast Guard Sector Boston launched a 41-foot boat crew from Station Point Allerton after the Quincy Police Department notified the sector that the crane had collapsed on land at about 1 p.m.

“Although the accident does not affect the waterway, we want to manage onlookers and the general boating public near the site,” said Lt. Tony Cao, the command duty officer at Sector Boston.

Sailboat, crew found safe

BOSTON - The sailboat Elan and its crew were found safe approximately four miles north of Race Point near Provincetown, Mass., today.

Coast Guard Sector Boston received a call from the Salem Harbor Master around 8:30 a.m., reporting the Elan crew notified them they were disabled but still making their way toward Florida on sail power.

The harbor master relayed the Elan’s position to the Coast Guard and a 41-foot rescue boat from Coast Guard Station Point Allerton was dispatched to the area. They located the Elan and confirmed two-person crew was uninjured and not in any distress.

The crew did not requested any Coast Guard assistance.

“We encouraged the family and crew to develop a more structured communication plan for the rest of the trip,” said Lt. Duane Ripley, the command duty officer for Sector Boston. “We also recommended the crew file a float plan with their family letting them know when and where they plan to stop.”

Coast Guard looking for sailboat, crew

BOSTON - The Coast Guard is looking for a sailboat and its two-person crew who was last heard from around noon Friday near Plum Island in Newbury, Mass.

Coast Guard Sector Boston received a call Saturday from the wife of John Holton, the owner of the sailboat Elan, reporting she lost cell phone communication with her husband and his crewman, Roger Larue, after they began experiencing engine problems.

The crew was expected in Beverly, Mass., to repair the engine and have not arrived.

The 27-foot sailboat was sailing from Portland, Maine to Florida.

A Falcon jet crew from Air Station Cape Cod, Mass., and a 47-foot rescue boat crew from Coast Guard Station Gloucester, Mass., are en route to the search area. Sector Boston issued an urgent marine information broadcast alerting boaters in the area of the missing sailboat.Sector Boston

The sloop sailboat Elan has a blue hull and white superstructure.

Anyone with information is asked to call Sector Boston at 617-223-3201.

Boston Coast Guard crew to clean up area beach

BOSTON- Members from Coast Guard Sector Boston are scheduled to hold a clean up of Carson Beach in south Boston Thursday from 10 a.m., until noon.

Volunteers are welcome to attend and help with clean up efforts.

“We look forward to this opportunity to work with the local community and help restore the Carson Beach to its natural beauty,” said Petty Officer Second Class Aurea Vazquez from Sector Boston.

Participants are asked to bring gloves and to dress comfortably. Garbage bags will be provided.

Those interested in helping with the clean up should meet at the Edward John McCormack Jr. Bathhouse on Day Boulevard in south Boston.

A rain date is scheduled for Friday from 10 a.m., to noon.

Coast Guard looking for owner of abandoned, drifting kayak

BOSTON (D1 Public Affairs) - Coast Guard Sector Boston is looking for the owner of a yellow kayak that was reported abandoned, overturned and drifting out of Gloucester Harbor in Gloucester, Mass., about 5 p.m., today.

Two 25-foot response boats from Station Gloucester and a Jayhawk helicopter from Air Station Cape Cod, Mass., searched the area for the owner of the kayak but didn’t find anything.

The kayak is described as a yellow, one-person kayak and had one paddle next to it.

Anyone with information on the kayak is asked to call the Sector Boston command center at (617) 223-3201.

The Coast Guard urges owners of small, unregistered vessels to put their contact information on their vessels, so that if the vessel is reported adrift, responders know who to search for and where to begin searching.

Coast Guard currently searching for person in water

BOSTON (D1 Public Affairs) - Several Coast Guard crews and local agencies are currently searching for a 60-year man who fell in the water in the vicinity of Deer Island, Mass., around 6 p.m.

Coast Guard Sector Boston Command Center received a call from a 34-foot Stingray pleasure craft, the Nina Maria, reporting one of their passengers fell off the boat while en route to the Winthrop, Mass., Yacht Club.

Currently onscene are: a 25-foot and 41-foot boat crew from Coast Guard Station Point Allerton located in Hull, Mass., the 87-foot cutter Hammerhead from Woods Hole, Mass., a Jayhawk helicopter crew from Air Station Cape Cod, Mass., the state police and port authority. The Logan and Winthrop fire departments are conducting searches on land for the missing man.

Currently there are 15-25 knot winds with seas of 2-3 feet and there is a severe storm expected to hit the area shortly.

Coast Guard ends dangerous dip in Boston Harbor

BOSTON - The Coast Guard responded today to an unusual report of a man swimming near passenger ferries at Rowes Wharf, here.

A local citizen notified Coat Guard Sector Boston that the man had jumped into the water from the wharf at about 9:15 a.m., and was swimming north across the ferry channel, toward the John Joseph Moakley Courthouse.

Two 25-foot response boats conducting routine harbor patrols were directed to the scene. When they arrived, they questioned the man, who said he was swimming. Concerned for his safety, they asked him to get aboard and out of the high-traffic area.

He was taken to the dock at the courthouse, and although not injured, was transferred to local EMS who had arrived on scene.

“It’s not an ideal place for a morning swim,” said Petty Officer First Class Jason Thorne, a watchstander at Sector Boston. “Considering the high amount of large vessel traffic in the area, and the close proximity to the federal courthouse, it was important for us to get him out and back to the dock.”

Thorne said with the approaching holiday weekend, it’s especially important for everyone on and near the water to exercise both safety and vigilance.