[Federal Register Volume 83, Number 179 (Friday, September 14, 2018)]
[Notices]
[Page 46760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-19969]



[[Page 46760]]

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DEPARTMENT OF JUSTICE


Notice of Lodging of Proposed Consent Decree Under the Clean 
Water Act

    On September 7, 2018, the Department of Justice lodged a proposed 
partial consent decree with the United States District Court for the 
District of Hawaii in United States of America v. Azure Fishery LLC et 
al., Civil Action No. 1:18-cv-00339.
    The complaint in this Clean Water Act (``CWA'') case was filed 
against the defendants on the same day as the lodging of the consent 
decree. The complaint alleges claims against the Hawaii-based longline 
fishing companies Azure Fishery LLC and Linh Fishery LLC and 
individuals Hanh Nguyen, Khang Dang, Andy Hoang, and Tuan Hoang. The 
complaint addresses illegal discharges of oil from the commercial 
longline fishing vessel Jaxon T, now known as the St. Joseph, as well 
as related violations of the Coast Guard's pollution control 
regulations, including failure to provide sufficient capacity to retain 
oily bilge waste on board the vessel. The complaint alleges that Azure 
Fishery LLC, company members and managers Hanh Nguyen and Khang Dang, 
and vessel operator Andy Hoang are each liable for civil penalties 
stemming from violations of the CWA, 33 U.S.C. 1321. The United States 
seeks injunctive relief from these same defendants and Linh Fishery 
LLC, which is the current owner of the vessel. The complaint also 
includes a claim under the Federal Debt Collection Procedures Act, 28 
U.S.C. 3001 et seq., against Linh Fishery LLC, Hanh Nguyen, Khang Dang, 
and Tuan Hoang concerning the fraudulent conveyance of the Jaxon T 
after the Coast Guard discovered the violations.
    Under the proposed partial consent decree, defendants Nguyen and 
Dang will pay a total of $475,000. Under the terms of the CWA, the 
penalties paid for these violations will be deposited in the federal 
Oil Spill Liability Trust Fund managed by the National Pollution Funds 
Center. In addition, the settling defendants will perform corrective 
measures to remedy the violations and prevent future violations in 
their fleet of twenty-five longline fishing vessels. Required actions 
include: (1) Making repairs to vessels to reduce the quantity of oily 
waste generated during fishing voyages; (2) providing crewmembers with 
training on the proper handling of oily wastes; (3) documenting proper 
oily waste management and disposal after returning to port; and (4) 
submitting compliance reports to the Coast Guard and to the Department 
of Justice.
    The publication of this notice opens a period for public comment on 
the proposed consent decree. Comments should be addressed to the 
Assistant Attorney General, Environment and Natural Resources Division, 
and should refer to United States of America v. Azure Fishery LLC et 
al., D.J. Ref. No. 90-5-1-1-11849. All comments must be submitted no 
later than thirty (30) days after the publication date of this notice. 
Comments may be submitted either by email or by mail:

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         To submit comments:                     Send them to:
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By email............................  <a href="/cdn-cgi/l/email-protection#15656077767a7878707b61387070663b707b6771556066717a7f3b727a63"><span class="__cf_email__" data-cfemail="4e3e3b2c2d2123232b203a632b2b3d602b203c2a0e3b3d2a212460292138">[email protected]</span></a>.
By mail.............................  Assistant Attorney General, U.S.
                                       DOJ--ENRD, P.O. Box 7611,
                                       Washington, DC 20044-7611.
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    During the public comment period, the proposed consent decree may 
be examined and downloaded at this Justice Department website: https://www.justice.gov/enrd/consent-decrees. We will provide a paper copy of 
the proposed consent decree upon written request and payment of 
reproduction costs. Please mail your request and payment to: Consent 
Decree Library, U.S. DOJ--ENRD, P.O. Box 7611, Washington, DC 20044-
7611.
    Please enclose a check or money order for $14.25 (25 cents per page 
reproduction cost) payable to the United States Treasury.

Henry Friedman,
Assistant Section Chief, Environmental Enforcement Section, Environment 
and Natural Resources Division.
[FR Doc. 2018-19969 Filed 9-13-18; 8:45 am]
 BILLING CODE 4410-15-P


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