EPA proposes USD 1 million in penalties for American Seafoods

Update: This story has been updated with comments from American Seafoods.

The U.S. Environmental Protection Agency has proposed USD 1 million (EUR 917,000) in civil penalties against American Seafoods for alleged violations of the Clean Water Act.

The regulatory agency claims that five of the Seattle, Washington, U.S.A., company’s vessels violated their permits while operating off the coast of Washington and Oregon. The EPA settlement claims the vessels committed multiple violations, including “charging into a prohibited zone, failing to submit quarterly processing photographs, failing to sample, failing to submit discharge monitoring reports, exceeding sample holding times, and failing to submit no-discharge reports.” The various alleged incidents took place from 2019 through 2022.

“American Seafoods has long prioritized sustainable management of our fisheries and our commitment to environmental stewardship," an American Seafoods spokesperson said. "This dispute with the EPA is a paperwork issue related to reporting, filing, and interpretation of data in a new NPDES permit covering Washington and Oregon. This matter involved five of our at-sea processing vessels and the allegations are cumulative and are similar for each vessel. American Seafoods continues to have the highest priority focus on reporting and compliance and looks forward to putting this matter behind us."

American Seafoods has held multiple consultative sessions with the EPA and cooperated with the agency since being informed of the violations in March, the company added.

The five settlements proposed are:

• A USD 196,000 (EUR 180,000) civil penalty for violations by the Northern Jaeger;
• A USD 190,000 (EUR 174,000) civil penalty for violations by the Ocean Rover;
• A USD 193,000 (EUR 177,000) civil penalty for violations by the American Dynasty;
• A USD 180,000 (EUR 165,000) civil penalty for violations by the American Triumph; and
• A USD 240,000 (EUR 220,000) civil penalty for violations by the Northern Eagle.

The EPA is accepting comments on the proposed settlement through 11 September. American Seafoods does not have to admit that the violations took place to agree with the terms of the settlement.

The move comes less than a month after the company settled a dispute with U.S. Customs and Border Protection (CBP) and the U.S. Department of Justice (DOJ) to avoid paying more than USD 400 million (EUR 359 million) in fines. The government initially levied the fines on the company in 2021, alleging that subsidiaries Kloosterboer International Forwarding (KIF) and Alaska Reefer Management (ARM) were using a New Brunswick facility to get around Jones Act regulations.

Under that settlement, American Seafoods agreed to pay just USD 9.5 million (EUR 8.5 million).

“We are very pleased that the CBP and DOJ have agreed to withdraw all Notices of Penalty and that litigation will be dismissed for all matters related to the Bayside Canadian Railway dispute,” ARM President Per Brautaset said in a release. “Resolving this matter is a positive development for our companies and the broader U.S. seafood industry.”

Photo courtesy of Shutterstock / lucasImages