At trial, it was proven that the M/V Tanabata had a removable bypass pipe or “magic pipe” that was used to discharge oily waste without the use of an oily-water separator, a required pollution control devise. The discharges were, however, falsely recorded as having been processed through the separator in the ship’s oil record book, a required log regularly inspected by the U.S. Coast Guard. An engineer testified that the defendant referred to the bypass pipe as the “illegal pipe.” It was also shown during trial that the pipe was hidden when the ship was in port so that it would not be discovered by the Coast Guard.

Sentencing has been set for Jan. 10, 2008, before Judge William N. Nickerson. Humphries faces a maximum of five years in prison and a $250,000 fine for each count.

The M/V Tanabata was operated by Pacific Gulf Marine, Inc. (PGM). PGM pleaded guilty and was sentenced on Jan. 27, 2007, to charges of making illegal discharges of oil-contaminated waste from each of four ships managed by the company. After learning of the investigation, PGM conducted and voluntarily disclosed the results of an internal investigation and cooperated with investigators and prosecutors. PGM was sentenced to pay a $1 million criminal fine and $500,000 in community service payments and to serve three years probation under the terms of an Environmental Compliance Program subject to court approval.

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The NI has identified a number of potential pitfalls in ensuring compliance, and these include poor equipment and maintenance, procedural problems and out dated practices, through to ill equipped port facilities.

In addition, owners need to convince those onboard that they are truly serious about tackling pollution. Companies cannot simply pay lip service to the rules, and tangible action is needed to guard against complacency, to mitigate the risks of mistakes, and to guard against errors of judgment. With the risk of enormous financial penalties and with jail time a real possibility, owners who simply relax and assume all is in order can get a real shock when things go wrong.

However, not all the problems stem from equipment or procedures, and the NI regretfully recognizes the age-old “can do” attitude of many seafarers can be damaging. In too many instances there appears the problems of falsified records, and of a continued willingness to do what is thought best by an individual, even when that flies in the face of the Safety Management System (SMS).

According to Captain Gale, “Environmental crimes are sadly tarnishing the image of shipping. It is vital to remember that responsibility always rests with the owner, and it is not simply enough to put systems onto the ship – these need to be supported and made to work, to ensure the actions of those onboard are always the right actions”.