We will attempt to reduce federal funding for HDOT’s future improvements at Kawaihae Harbor by contacting congressional oversight committees responsible for distributing those federal funds to tell them HDOT needs to be more forthcoming about the Kawaihae Harbor improvement plans.
Simply put, HDOT will continue to request funding for its improvements. Phase 4 Improvements, with the estimated cost in 2010 dollars being $134.4 million or $190 million in value, with inflation-adjusted to 2023. This improvement will destroy a coral reef and break the law as decreed in the Presidential Executive Order 13089. (Read more)
Executive Order 13089, Coral Reef Protection, calls for all federal agencies whose activities may affect coral reef ecosystems to:
- Identify such actions;
- Use their programs and authorities to protect and enhance coral reef ecosystems and
- ensure that any actions they authorize, fund, or carry out will not degrade the condition of coral reef ecosystems.
The federal oversight agencies created to protect our reefs, like NOAA, DLNR, EPA, and USACE, may not prevent HDOT from acquiring funding while not fully disclosing that it will destroy a coral reef. These federal agencies and Congress, responsible for allocating federal dollars to such projects, have yet to learn. There is no mention in the HDOT master plan 2035 that the Kawaihae Harbor was created by destroying over 200 acres of coral reef, nor that it intends to damage more reefs in its future improvement.
In fact, The master plan document regarding Kawaihae Harbor does not say anything about coral reefs or the coral on which it was built and surrounding it. We read and re-read.
This is deception on HDOT’s part. It failed to identify ” activities may affect coral reef ecosystems”. Yet, it is still requesting and acquiring funding to continue its improvements. Recently, $23.5 million was awarded to improve Kawaihae Harbor, announced by Senator Brian Schatz.
We fear that Congress will continue to fund the harbor’s improvements unless Congress is made aware that they will be complicit in breaking the law. When all funds are secured for the construction of Phase 4, it will be too late. It is now time for HDOT to withdraw its improvement plans for the Kawaihae Harbor affecting the reef and fully disclose to Congress that it will abide by the Executive Order.
The public must have better means to prevent environmental harm in similar circumstances. The agencies above have limited input in the planning process, but bureaucratically, these inputs are reviews and approval processes that occur at the end, after funding is acquired, and before construction.
I talked with EPA agents after submitting a criminal violation report to the EPA regarding HDOT’s planned expansion at Kawaihae Harbor.
From my conversation with an EPA agent at the Honolulu Office, this is what I learned:
- The coral reef inside the harbor is protected.
- USACE will have to review all federal waterways construction permits for approval.
- EPA was unaware of HDOT’s master plan.
- There is no preventive or deterrent method to prevent HDOT’s intention to commit the crime.
- Alternative design options and mitigation must be considered.
The USACE will be the agency that eventually approves or disapproves the permit to dredge and build a new pier over a coral reef. Frankly, I do not have faith that USACE is capable of deciding to disapprove one more act of atrocity to the reef after years of precedents. USACE was the first to approve destroying the Kawaihae Coral Reef in 1959.
HDOT has zero options inside the harbor basin to build its Pier 3. The u-shaped harbor was carved from a once massive reef. On two sides of the harbor basin, the coral reef continues to grow, specifically in the path of the future pier. Another option for HDOT is mitigation. Relocating a reef over 1000 feet long to another ideal place that would guarantee their survival could only occur in the harbor. It is the best possible place. The coral reef has either not or has recovered slowly since 1959 outside the harbor.
We may be naive to think that educating the public and contacting Congress to investigate HDOT’s deception will ultimately save our reef and our beach, but we are willing to try.
Our best path forward will be appealing to Congress to consider not funding Phase 4 Kawaihae Harbor improvements. We will inform them that HDOT is not forthcoming and is deceiving the public by exhibiting a master plan to build a structure that will violate the law. We are focusing on Phase 4 since it will violate the law. Still, other phases of improvements are interrelated, and any future construction in or on federal water must also be scrutinized.
If all goes well, saving the taxpayers $200 million is possible. More importantly, to protect our reef and our beach.
Sources:
Executive Order 13089, Coral Reef Protection
Inflation Calculator:
Hawai’i Island Commercial harbors master Plan for 2035 (Chapter 4, pages 41-49):
https://hidot.hawaii.gov/harbors/files/2013/01/HI-COM-HAR-2035-MP-Final.pdf