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Gov proposes two measures to spend multi-million settlement from StarKist

StarKist canning plant
fili@samoanews.com

Pago Pago, AMERICAN SAMOA — Gov. Lolo Matalasi Moliga has proposed an amendment to local environmental laws, as well as a FY 2018 budget supplement for the distribution of the more than $2 million that the American Samoa Government received under the multi-million settlement payment by StarKist Co., and StarKist Samoa for violating pollution laws in territorial waters.

The federal court in Pittsburgh, Pennsylvania in March this year approved the consent decree, between the US Justice Department and the defendant — StarKist — and entered final judgment in which the cannery, pays $6.5 million in a civil penalty — with $2.6 million to American Samoa while $3.9 million goes to the federal government.

In addition, defendants provide $88,000 in emergency equipment to local first responders for chemical releases.

According to the consent decree judgment, the defendants pay the amount due to American Samoa by submitting payment to the ASG “Stationary Air Pollution Source Fund”.

In a July 13 letter to Fono leaders, the governor submitted legislation amending local environmental law, which expands environmental projects that may be funded by the Stationary Air Pollution Source Fund.

The governor also submitted a supplemental bill for fiscal year 2018, which appropriates the $2.6 million StarKist settlement money, which was received a few months ago.

In accordance with local law, Lolo explained in his letter that the entire settlement money was deposited into the Stationary Air Pollution Source Fund and awaits appropriation.

However, while there are many environmental projects that can benefit American Samoa’s environment, Lolo points out that the “Stationary Air Pollution Source Fund is limited in the projects it can fund.”

Therefore, in order to use funds collected under the local Environmental Quality Act, provision of this law must be amended, that would “allow settlement proceeds to be used for a wider range of environmental projects which will have a broader effect on the health of the environment,” Lolo wrote to the Fono leaders.

According to the proposed FY 2018 supplement, the governor outlines the distribution of the $2.6 million:

•    $1.5 million construction of the Malaloa dock;

•    $400,000 shipyard environmental compliance;

•    American Samoa Environmental Projection Agency programs: $220,000 to Water Quality Program; $100,000 to Air Quality Program; $100,000 for Technical Consulting; and $80,00 for Harbor Clean up Program;

•    $120,000 towards environmental equipment — $60,000 each for pesticide residue testing equipment and a scrap metal baler; and

•    $80 for administration costs for proper disbursement of the funds.

Due to the urgent need to provide funding for projects and programs that will protect American Samoa’s environment, the proposed amendment to the local environmental law and the FY 2018 budget supplement are to become effective immediately upon passage by the Fono and signed by the governor.

Lawmakers are currently in a mid-session recess and reconvene Aug. 6 at which time the Administration hopes that these two measures will be taken up right away.

Samoa News has sent questions to legislators regarding this bill but to date have received no replies.