$18,000 penalty for diesel spill after fishing boat sinks

In August 2022, a 58-foot fishing boat sank off the western shore of San Juan Island, kicking off a complex, lengthy response to prevent additional diesel from spilling out of the sunken vessel, and to eventually raise the boat back to the surface.

Now, the Washington Department of Ecology is penalizing Matthew Johnston, the boat's owner, $18,000 for the spilled diesel.

Johnston actively participated in cleanup efforts and fully cooperated with Ecology's investigation, the agency said in a news release. This penalty is based on strict liability under Washington State law for spills to Washington waters, regardless of fault. Ecology's investigation did not find that the spill was caused by negligent or reckless operation.

The incident happened on Aug. 13, 2022, when Johnston noticed water rising from the aft scuppers on his boat, the Aleutian Isle. Water quickly began to cover the main deck, and within 15 minutes the fishing boat rolled to port, then sank in Haro Strait. Johnston and his crew were rescued by other nearby fishing boats.

For the next week, Ecology and response partners regularly observed diesel near the sunken vessel and shoreline. More than a mile of absorbent boom was ultimately deployed around the site to collect diesel, although wind and waves made working at the site difficult at times.

Dive teams located the boat in about 200 feet of water. The depth required specialized divers and equipment to close valves and plug vents to prevent the remaining diesel from escaping, the agency said. They then rigged the boat so it could be pulled to the surface by a floating crane and placed onto a barge.

Divers had to contend with fishing nets from the sunken boat, while surface crews kept an eye out for nearby southern resident killer whales and deterred them from coming near the recovery operation.

Once the Aleutian Isle was on the surface, crews were able to recover about 590 gallons of diesel. However, based on information from Johnston, Ecology estimates between 1,328 to 1,528 gallons of diesel spilled into Haro Strait.

The penalty is for spilling oil into waters of the state. Though the majority of the response costs were paid directly by the U.S. Coast Guard from the National Pollution Liability Trust Fund, Ecology is also seeking reimbursement for its costs of $444,473. Additionally, there will be a state Natural Resources Damage Assessment of $183,786.

Several marine birds were observed directly oiled, while other birds were observed swimming in light oil sheen. Wildlife can be adversely affected if they, or their habitat, comes into contact with even a small amount of spilled oil.

Johnston has 30 days to appeal the penalty to the Washington Pollution Control Hearings Board.

Source: Washington State Department of Ecology