Challenges of OPA and NMSA Related Responses in the National Marine Sanctuary of American Samoa: NO.1 JI HYUN

Abstract

ABSTRACT: 2017-226 Fa’a-Samoa (the Samoan way) is a living tradition and continues to define the Samoan way of life. It is the foundation of Polynesia’s oldest culture - dating back some 3,000 years. Fa’a-Samoa is interconnected with Samoan lands and waters and by sharing the intact and vibrant traditions, values, and legends that connect the Samoan people to the land and sea, the local community plays an INTEGRAL role in the protection and preservation of natural and cultural resources of the area. Fa’a-Samoa places great importance on the dignity and achievements of the group rather than individuals. On April 14, 2016, the 62 ft. FV NO1 JI HYUN lost the main engines and grounded off the west side of Aunu’u Island in the National Marine Sanctuary of American Samoa (NMSAS). This area is of ecological and cultural significance for the local residents using hook-and-line, casting nets, spearfishing (non-scuba assisted) and other non-destructive fishing methods including those traditionally used for sustenance and cultural purposes such as gleaning, ‘enu and ola. The village on Aunu’u was extremely wary of inclusion of the waters of Aunu’u in the expansion of the sanctuary being concerned about loss of control of their traditional uses of the nearshore environment. In what became an extension of Fa’a-Samoa, the United States Coast Guard (USCG), the National Oceanic and Atmospheric Administration (NOAA) and the American Samoa Territorial government worked, together to address both the pollution hazards from the incident and the impact to the coral reef ecosystem even after the fuel was removed. While a relatively straight forward response were it to happen in the continental U.S., severe weather (Tropical Cyclone Amos), high winds and swells, limitations on site access, daylight high tides, and availability of resources to include tugs, tow lines and trained personnel made this quite challenging. Three removal attempts occurred under Oil Pollution Act (OPA) authorization and three efforts occurred under the National Marine Sanctuaries Act (NMSA), with guidance from a professional salvage master. This prolonged 4-month response has prompted some new dialogue and hopefully new commitment to increase preparedness and spill response capabilities within the territory. The designation of the NMSAS allowed for the use of the combined authorities of OPA and the NMSA, forging new path that protects and preserves both the natural and cultural resources of the region from the impacts of pollution and from future groundings whether large or small.