Bill Text: HI SCR201 | 2022 | Regular Session | Introduced

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Bill Title: Strongly Urging The United States Army Corps Of Engineers To Work With The Department Of Land And Natural Resources To Mitigate Negative Impacts To Corals And Other Important Coral Reef Resources While Dredging In State Waters.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2022-06-06 - Certified copies of resolutions sent, 06/06/22. [SCR201 Detail]

Download: Hawaii-2022-SCR201-Introduced.html

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THE SENATE	S.C.R. NO.	201
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

STRONGLY URGING THE UNITED STATES ARMY CORPS OF ENGINEERS TO WORK WITH THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO MITIGATE NEGATIVE IMPACTS TO CORALS AND OTHER IMPORTANT CORAL REEF RESOURCES WHILE DREDGING IN STATE WATERS.

 

 

     WHEREAS, shipping channels are essential for providing goods to Hawaii and require dredging to create, and periodic maintenance to facilitate, maritime shipping traffic; and

 

     WHEREAS, environmental planning is conducted for dredging projects to mitigate impacts to aquatic resources, including avoiding, minimizing, and compensating resource loss; and

 

     WHEREAS, maintenance dredging is federally permitted under Nationwide Permit 35; and

 

     WHEREAS, it was announced on December 27, 2021, in section 86 Federal Register 73522, that Nationwide Permit 35 has been reissued with an effective date of February 25, 2022, and will expire on March 14, 2026; and

 

     WHEREAS, the nationwide permit general conditions, published in the United States Code of Federal Regulations, authorizes the District Engineer to modify, suspend, or revoke nationwide permit authorization for activities determined to, pursuant to title 33 Code of Federal Regulations section 330.4(e)(2), have "more than minimal individual or cumulative adverse effects to the environment"; and

 

     WHEREAS, title 33 Code of Federal Regulations section 330.4(e)(2) specifically states:  "A [District engineer] may assert discretionary authority by modifying, suspending, or revoking [Nationwide Permit] authorization for a specific activity whenever he determines sufficient concerns for the environment or any other factor of the public interest so requires. Whenever the [District Engineer] determines that a proposed activity covered by an [Nationwide Permit] would have more than minimal individual or cumulative adverse effects on the environment or otherwise may be contrary to the public interest, he must either modify the [Nationwide Permit] authorization to reduce or eliminate the adverse impacts, or notify the prospective permittee that the proposed activity is not authorized by [Nationwide Permit] and provide instructions on how to seek authorization under regional general or individual permit."; and

 

     WHEREAS, corals and other coral reef resources are important aquatic resources for Hawaii, shaping the State's iconic nearshore reefs and providing key habitats and food for marine fishes and invertebrates; and

 

     WHEREAS, Hawaii corals are under immense threat due to climate-driven ocean heatwaves, land-based sources of pollution, and physical damage caused by storms and human activity; and

 

     WHEREAS, Hawaii is experiencing increasing numbers of coral bleaching events caused by climate-driven marine heatwaves; and

 

     WHEREAS, coral bleaching events in 2014 and 2015 led to declines in total coral cover ranging from thirty to fifty percent across the islands of Hawaii, Maui, and Oahu, and up to ninety percent loss in particularly susceptible species at certain sites; and

 

     WHEREAS, corals that will be directly or indirectly impacted by dredging to create or maintain shipping channels should be incorporated into planning efforts to mitigate loss of corals, including avoiding, minimizing, or compensating resource loss; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2022, the House of Representatives concurring, that this body disagrees with the United States Army Corps of Engineers' finding that destruction of at least seventy coral colonies is considered to be a minimal individual or cumulative adverse effect on the environment; and

     BE IT FURTHER RESOLVED that the United States Army Corps of Engineers is strongly urged to update the Corps' analysis for "individual or cumulative adverse effects" to accurately account for the immense ecological value of corals in Hawaii; and

 

     BE IT FURTHER RESOLVED that the District Engineer of the United States Army Corps of Engineers in Hawaii is strongly urged to invoke the District Engineer's power under title 33 Code of Federal Regulations section 330.4(e)(2) to suspend Nationwide Permit 35 authorization for maintenance dredging of Honolulu Harbor and all other channel dredging projects so that each permitee may work with the Department of Land and Natural Resources and other federal partners to mitigate the adverse effects that maintenance dredging will have on the identified coral colonies that will be impacted by the dredging; and

 

     BE IT FURTHER RESOLVED that certified copies of this measure be transmitted to the United States Army Corps of Engineers Commander and District Engineer of the Honolulu District and Chairperson of the Board of Land and Natural Resources.

 

 

 

	OFFERED BY:	_____________________________

Report Title:

United States Army Corps of Engineers; Honolulu Harbor; Dredging; Corals