Bremerton vessel owner fined $279,000 for fuel spill

The Washington State Department of Ecology has issued a penalty of $279,000 to the owner of the Nautilus, a 38-foot personal craft, for pumping 123 gallons of red-dye diesel into the Bremerton Marina on Nov. 27, 2024. The elevated penalty amount levied on Mark Hayes, the registered owner of the vessel, was determined as a direct result of his reckless actions leading up to and following the spill, and his failure to report the spill.  

An employee at the Bremerton Marina notified Hayes on Nov. 19, 2024, that the Nautilus was listing following heavy rain and high winds. A second notification was made on Nov. 26 to report the vessel was taking on water.

Hayes arrived at the marina that afternoon, where an employee accompanied him to the Nautilus and observed water and red-dye diesel nearly filling the bilge. The employee provided information on properly removing the diesel, at Hayes request, and contact information for environmental service companies. About 90 minutes later the marina employee made a third notification reporting a visible spill near the Nautilus. The employee reported Hayes stated he would “get it under control,” and asked the employee not to report the spill. 

Based on the investigation, which included interviews as well as video and digital records from the marina, Ecology determined that Hayes pumped the contents of the vessel's bilge directly into Bremerton marina overnight. Additionally, Hayes provided false and conflicting statements to Ecology about when he was first aware of the spill, past maintenance of the Nautilus and his experience as a vessel operator. 

“It became clear over the course of the investigation that Mr. Hayes was aware and advised of his legal obligations as a vessel owner and chose to disregard them,” said David Byers, response section manager for Ecology’s Spill Prevention, Preparation and Response program. “This was a situation that could have been resolved quickly and with minimal environmental impact by taking the correct steps from the beginning.”  

Of the 123 gallons discharged to the water, an estimated 90 gallons was collected between Nov. 27 and Dec. 5 before the sheen became too thin for recovery. During that nine-day period, wildlife including cormorants and a river otter were observed swimming and hunting in the sheen. 

Ecology’s $279,000 penalty to Hayes includes nine $30,000 fines, one for each day of harm to the environment. Washington State law authorizes enhanced penalties for oil spills caused by reckless actions. Three additional $3,000 fines were issued based on the amount of oil spilled, failure to report the spill, and failure to collect and remove the oil.  

In addition to the penalties, Ecology also issued an order for reimbursement of state expenses totaling $74,458 and a Natural Resource Damage Assessment of $3,868 based on impacts to the environment.

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