Date of incident: February 2, 2005.
Location: Barbers Point/Kalaeloa, Oahu, Hawaii.
Case status: The Trustees have conducted an injury
assessment. Two phases of emergency restoration have been completed, and
monitoring of the emergency restoration is ongoing. On April 27, 2013, the U.S. District Court in Honolulu approved settlement of the case. Under the terms of that agreement, $5,881,180 is available for restoration of the injured natural resources. Restoration planning is underway.
When the bulk carrier M/V Cape Flattery grounded in coral reef habitat off
Barbers Point (Kalaeloa), Oahu, actions to free the ship and prevent an oil
spill lasted for nine days and caused widespread injury to coral reef habitats
and reef biota. This has resulted in the largest natural resource damage
assessment case conducted in Hawaii to date. Because much of the injury
resulted from responses to a substantial threat of an oil spill, the Trustees
pursued this incident under the Oil Pollution Act of 1990 and applicable
The ship’s owner and operator (Cape Flattery Shipping Ltd. and Pacific Basin
Marine Services Ltd.) accepted responsibility and entered into a
cooperative memorandum of understanding with the Trustees. Pursuant to that
agreement, these Responsible Parties agreed to fund mutually agreed upon injury
studies. The Responsible Parties collaborated with the Trustees in injury
evaluation, emergency restoration implementation, and long-term restoration
planning. NOAA is the lead administrative Trustee.