Act to Prevent Pollution from Ships
Over the last few months, I have referenced cases/convictions under the Act to Prevent Pollution from Ships. 33 U.S.C. § 1908(a) (which makes it a crime to knowingly fail to maintain an Oil Record Book on an oil tanker of 150 gross tons and above and registered in a country other than the United States, while in the navigable waters of the United Suites or while in a port or terminal under the jurisdiction of the United States).
So, what are the elements of that crime? According to the federal government, the government must prove:
1.That the vessel was an oil tanker ship of 150 or more gross tons that was registered in a country other than the United States;
- That for the ship, the individual defendant was in charge of the operation of the oily water separator, the oil content meter, and the automatic stopping device;
- That for the ship, the individual defendant knowingly failed to fully and accurately maintain an oil record book in which the required operations were recorded without delay, specifically, all disposals of oil residue; all discharges overboard and disposals otherwise of oily mixtures from the machinery space; and all emergency, accidental, or other exceptional discharges of oil or oily mixtures; and
- That the failure to maintain the oil record book occurred while the ship was in the navigable waters of, or at a port or terminal of, the United States.
That is it. That is what they need to prove. The devil, as they say, is in the details and what evidence that the government offers at trial. Does it prove the elements? That is for the defendant to contest and the judge and/or jury to decide.
More later.
As always, feel free to call me or e-mail me with any questions at walter.james@jamespllc.com.
WDJiii