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Case summary: |
The vessel “Nathan E. Stewart” was a U.S.A. flagged tug boat constructed in 2001 with a gross tonnage of 302, a length of 29 m and an official number of 1120997 (the NES). The registered owner of the NES was Kirby Offshore Marine Operating LLC (Kirby Operations).
On October 13, 2016, the Nathan E. Stewart, an American owned tug en route from Alaska to Vancouver, ran aground at Edge Reef on the north side of Athlone Island, in the Seaforth Channel, British Columbia. This occurred near Bella Bella in the traditional territory of the Heiltsuk Nation. Approximately 107,552 litres (28,412 gallons) of diesel fuel and 2,240 litres (591 gallons) of lubricants were released from the Nathan E. Stewart into the Seaforth Channel.
The spill resulted in oiled shores. As a result of the Incident, DFO closed the commercial sea cucumber and urchin fisheries. One oiled cormorant and one oiled rhinoceros auklet were observed following the Incident. No dead fish or birds were conclusively proven as being causally killed by the spill.
The investigation into these incidents revealed that the operator fell asleep and as a result the vessel ran aground. The vessel did not have an operable alarm system at the time and the operator was not certified as required under the Pilotage Act.
Seaforth Channel is within DFO Fisheries Management Area 7-12. The waters are frequented by salmon, halibut and other species which contribute to Aboriginal, commercial and recreational fisheries. The Seaforth Channel also contains the habitat of Committee on the Status of Endangered Wildlife in Canada (COSEWIC) listed fish, molluscs and mammals, such as sea otters, northern abalone, killer whales, humpback whales, harbour porpoises, and stellar sea lions and the habitat of COSEWIC listed migratory birds such as marbled murrelets, great blue herons, and western grebe.
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Charges: |
In October 2018, the Company was charged with
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· Two counts of depositing a deleterious substance into fish bearing waters (FA36(3))
· Two counts of depositing a substance harmful to migratory birds (MBCA, 1994 5.1(1)
· Two counts of discharging prescribed pollutants (CSA, 2001 S187)
· One count for operating the vessel without licensed pilot on duty (Pilotage Act S47)
The vessel Nathen E. Stewart was also charged with:
· Two counts of depositing a substance harmful to migratory birds (MBCA, 1994 5.1(1)
· Two counts of discharging prescribed pollutants (CSA, 2001 S187)
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