Record Penalty for US MARPOL Violation

The US Department of Justice (DoJ) reports that Princess Cruise Lines have agreed to pay USD$40 million as a plea agreement and will plead guilty in respect of a number of US MARPOL violations. This is the largest ever criminal penalty involving deliberate vessel pollution.

The charges concern the Caribbean Princess cruise ship which called at various U.S. ports in Florida, Maine, Massachusetts, New Jersey, New York, Puerto Rico, Rhode Island, South Carolina, Texas, U.S. Virgin Islands and Virginia. An engineer on board the ship acted as “whistleblower” and reported the use of a “magic pipe” to illegally discharge oily waste off the coast of England. Apparently the chief engineer and senior first engineer ordered a cover-up, including removal of the magic pipe and directing subordinates to lie. The MCA in the UK shared evidence with the U.S. Coast Guard, including before and after photos of the bypass used to make the discharge and showing its disappearance. The U.S. Coast Guard conducted an examination of the Caribbean Princess upon its arrival in New York City, New York, on Sept. 14, 2013, during which certain crew members continued to lie in accordance with orders they had received from Princess employees.

The case should serve as a reminder of the severity of US MARPOL violations and perhaps more importantly that the “cover-up” of such an illegal incident is often deemed more culpable than the initial crime. Members should tread carefully and follow legal advice if they find themselves subject to any USCG investigation.

The below quote by the lawyer for the Southern District of Florida in Miami, leaves little doubt on the US’s position:

“Today’s case should send a powerful message to other companies that the U.S. government will continue to enforce a zero tolerance policy for deliberate ocean dumping that endangers the countless animals, marine life and humans who rely on clean water to survive.”

For more information, please see the US Department of Justice website.