2.4.1 There is substantial evidence that international
shipping activities are causing or may cause damage to the recognized
attributes of the proposed PSSA. The hazards to navigation in the
NWHI are demonstrated by the large number of shipwrecks throughout
the NWHI chain. Over 60 shipwrecks have occurred in the area and some
of these wrecks serve as the origin of a number of the islands’
names.footnote While some of these wrecks
are truly historic and therefore serve as time capsules of seafaring
history, there have been a number of significant maritime casualties
in more recent years. In 1998, the 80-foot Paradise Queen II ran
aground on Kure Atoll. It spilled approximately 4,000 gallons of diesel
fuel and other petroleum hydrocarbons. The remaining 7,000 gallons
on board the vessel were recovered during salvage operations. The
85-foot Swordman I ran aground on Pearl and Hermes Atoll
in 2000. It was carrying over 10,000 gallons of diesel fuel and hydraulic
oil and approximately $1.5 million was spent for response and removal
of the vessel. In 2005, the 145-foot Casitas also ran
aground on Pearl and Hermes Atoll, carrying over 33,000 gallons of
diesel fuel on board. The vast majority of diesel fuel was salvaged
and the vessel was removed from the Atoll and scuttled in an estimated
$5 million clean up and removal operation (Cascadia Times 2006; Shallenberger
2004; Biennial Coastal Zone Conference 2003).
2.4.2 The grounding of the Anangel Liberty on
French Frigate Shoals in 1980 plowed a channel 2-3 metres deep, 100
metres long, and 30 meters wide in the coral reef. Coral communities
were damaged within 50 meters on both sides of the channel ploughed
by the freighter as a result of cargo (kaolin clay) that was dumped.
In 1977, the burning and sinking of the Hawaiian Patriot to
the south of French Frigate Shoals resulted in more than five million
gallons of fuel oil entering the ocean (United States Fish & Wildlife
Serv. 2005; United States Coral Reef Task Force 1999). Also in 1977, Irene’s Challenge spilled approximately 10.4 million
gallons of crude oil approximately 50 miles to the north of Lisianski
Island. MEPC 56/INF.2, annex 1, provides a table summarizing select
incidents that have occurred between 1970 and 2006 (United States
Coral Reef Task Force 1999; NOAA 2006).
2.4.3 In addition to the damage that may be caused
to the NWHI by spills or releases of ships’ cargos or bunker
fuel, damage may be caused by the grounding of ships on fragile coral
and other sensitive habitats in the area. In the case of vessel grounding,
destruction in the area of contact may be widespread and result in
the scouring and destruction of coral by dislodgement and pulverization,
as well as the crushing, fracturing, and removal of reef structure.
Impacts may also include the scarring and abrading of nearby resources
as wave action, currents, and wind move rubble produced at the initial
site of the grounding. Additionally, there may be increased sedimentation
with the fracturing and erosion of the reef structure, which can smother
coral and other sensitive habitats (Coral Reef Restoration Handbook
2006). Damage may also be caused by subsequent vessel removal efforts
which can further crush and bury sensitive resources. A vessel that
has grounded and then is abandoned can continue to damage resources
as debris becomes dislodged from the vessel and from its movement
at the grounding location by wind and wave action.
2.4.4 Fortunately, although damage to coral and
other resources has occurred from the ships that have grounded or
sunk in the NWHI, recovery and removal efforts as well as favourable
weather patterns and the currents occurring at the time of these maritime
casualties have so far spared the fragile NWHI ecosystem from being
seriously adversely impacted (Shallenberger 2004). Without taking
the necessary action to increase maritime safety, protect the fragile
marine environment, and facilitate the ability to respond to developing
maritime emergences, it is reasonably foreseeable that ships will
continue to run aground in the NWHI and cause physical damage to the
fragile coral reef ecosystem, as well as pose a threat of severe damage
to this pristine area from the release of cargo and bunker fuel. Given
the remoteness of the NWHI, the low level of development on the islands,
and the minimum amount of domestic maritime activity that takes place
within the surrounding waters, vessels that transit the area are one
of the most persistent and significant anthropogenic threats to the
recognized attributes of the area.
2.4.5 Another element that increases the vulnerability
of the NWHI to international shipping activities is that, although
the islands span 1,200 miles, most emergency response equipment is
stationed in the main Hawaiian Islands, including Kauai, which is
to the east of the NWHI. Search, rescue, and response operations have
been staged from Midway Atoll, which is at the far north-western end
of the island chain; however, without assistance from resources based
in the main Hawaiian Islands, search, rescue, and response from Midway
can generally reach only 10 miles offshore due to the limited equipment
located permanently on the island. The sparse land area and fragile
environment of the other islands makes it virtually impossible for
them to act as staging areas for emergency response efforts. This
fact, coupled with the hazardous nature of navigation throughout this
area, results in the NWHI being highly vulnerable to damage by international
shipping.
2.4.6 Another potential source of damage to this
pristine area by international shipping activities is from the introduction
of alien species. While only approximately 11 alien species have been
detected in the waters of the NWHI, once established these species
are extremely difficult – if not impossible – to control
and eradicate from the reefs. Therefore, it is critical to keep ships
that may be carrying ballast water or species on their hulls from
foundering or grounding on the reefs and providing the opportunity
for the introduction of alien species (Citizen’s Guide 2006).
2.4.7 In addition to the threat posed by transiting
ships, another stress to the environment of the NWHI is marine debris,
a severe and chronic threat to the area. Ocean currents carry a wide
array of marine debris to the NWHI, including derelict fishing nets
and other gear, household plastics, hazardous materials, and shore-based
debris, and deposit it on the reef and beaches of the island chain.
The debris frequently entangles and kills coral and leads to the death
of animals such as seabirds and the Hawaiian monk seal through the
ingestion of material or entanglement in nets. Derelict fishing gear
also poses a navigation hazard because, for example, it can get wrapped
around the propeller of a vessel. In the past 10 years, United States
agencies have removed over 560 tons of debris from NWHI reefs at a
cost of approximately US$13.5 million (Citizen’s Guide 2006;
Brainard 2006).
2.4.8 The IMO measure of six existing ATBAs is
already in effect. While there has been no incident in the areas of
the existing ATBAs subsequent to their adoption that involves the
vessels to which the ATBAs apply (e.g., vessels of 1,000 gross tons
and above), there have been incidents in the NWHI outside of the existing
ATBAs and incidents within the ATBAs by vessels to which the ATBAs
do not now apply. For instance, the Paradise Queen II grounded
on Kure Atoll, an area which is not now included within the ATBAs.
Within the ATBA surrounding Pearl and Hermes Atoll, the Swordman
I and Casitas ran aground; however, these vessels
were smaller than the 1,000 gross ton applicability threshhold of
the existing ATBAs.