Island Breath: Superferry thumbs nose at Hawii Supreme Court

www.islandbreath.org

SUBJECT: HAWAII SUPERFERRY LANDING

SOURCE: DICK MAYER dickmayer@earthlink.net

POSTED: 27 AUGUST 2007 - 4:00pm HST

Temporary restraining order halting service to Maui

image above: Kahului Harbor on Mauai. Judge's restraining order for Maui not Kauai.

by Christie Wilson on 27 August 2007 in The Honolulu Advertiser

A Maui judge today issued a temporary restraining order halting Hawaii Superferry service to the Valley Isle until a hearing can be held Wednesday to determine whether the company can continue operations in the absence of an environmental review by the state.

The ferry is in only its second day of commercial voyages between Honolulu, Maui and Kaua'i. In granting the TRO request, 2nd Circuit Judge Joseph Cardoza said he would allow the ferry to sail back to Maui to pick up stranded passengers and transport them to their port of origin.

Because the court case involves concerns about ferry-related impacts only at Kahului Harbor, the order does not prevent the Superferry from operating between O'ahu and Kaua'i.

A Superferry spokeswoman said today's Maui and Kaua'i legs were sold out. The 350-foot vessel can carry more than 850 people and 250 vehicles, but the company projects an average load of 400 passengers and 110 vehicles.

In the wake of Thursday's Hawai'i Supreme Court ruling that the state was wrong to have exempted ferry-related improvements at Maui's Kahului Harbor from the state's environmental review law, the company pushed its start date up and launched yesterday, offering $5 fares. It was supposed to begin service tomorrow.

The Supreme Court ruling stemmed from an appeal of an earlier decision by Cardoza dismissing a complaint filed against the Department of Transportation by the Maui Tomorrow Foundation, the Sierra Club and the Kahului Harbor Coalition. Cardoza had ruled the groups did not have standing to bring the complaint.
The higher court reversed that decision, and went further by ordering an environmental review of the harbor improvements.

The DOT spent $40 million installing barges, ramps, fencing and utilities for the ferry at the Honolulu, Kahului, Nawiliwili and Kawaihae harbors. State attorneys have argued the projects are exempt from Chapter 343 of the Hawai'i Revised Statutes, which establishes an environmental review system. The state says the ferry is no different from cruise ships and other harbor users that have expanded service at DOT harbors without any environmental scrutiny.

Attorney Isaac Hall, representing the three Maui groups, said the law requires that the secondary and cumulative impacts of a project and what it would facilitate be considered, not just the project itself.

HRS Chapter 343 states that "an environmental assessment shall be required for actions that propose the use of state or county lands or the use of state or county funds." The assessment determines whether projects are likely to have a significant effect on the environment, and if the answer is yes, a more thorough environmental impact statement is required.

If the environmental assessment determines a "finding of no significant impact," preparation of an EIS is not required.

The review process can take months, and if it is determined that a full EIS is needed, the process likely will take several years given the controversial nature of the harbor improvements and Hawaii Superferry service.

The push for a full-scale environmental review has come largely from Neighbor Island residents, who say the potential impacts include traffic congestion around the ports, rapid spread of invasive species, ferry collisions with humpback whales, and pressure on local fishing and recreational resources when people transport their vehicles to other islands.

Unlike yesterday's inaugural voyage to Kauai, no protests greeted the ferry when it made its second commercial arrival at Kahului Harbor at 9:19am. today.
However, an hour earlier, 2nd Circuit Judge Joel August amended an order he issued Thursday regarding traffic measures to be taken by the DOT to ease congestion around the busy intersection at the Hawaii Superferry site.
The entrance and exit to the site are located on a short north spur of Pu'unene Avenue that feeds onto Ka'ahumanu Avenue, the main thoroughfare through Central Maui.

The judge had required the DOT to reconfigure and restripe both sides of Pu'unene Avenue at the intersection before ferry service began. At the time of the order, the Superferry was slated to start today, but after Thursday's Hawai'i Supreme Court ruling in the separate case, the company rushed to launch service yesterday, two days ahead of schedule.

Not satisfied that the DOT had finished the work in time, August today added new instructions that only two cars per minute be allowed to exit the ferry property, and that four police officers be posted to direct traffic.

With only two cars allowed onto Pu'unene Avenue at a time, it took 55 minutes to get the nearly 90 disembarking vehicles onto the public road, even though at times the street was empty.

It was not necessary for police to direct traffic on Ka'ahumanu Avenue, but officers were clearly needed to manage outbound ferry vehicles and the heavy Monday morning flow into the First Hawaiian Bank branch that shares the north Pu'unene spur with the ferry.

SUBJECT: HAWAII SUPERFERRY LANDING

SOURCE: JUDIE LUNDBORG ijudie@aloha.net

POSTED: 27 AUGUST 2007 - 3:50pm HST

image above: One of the heroic surfers, who helped block first run of ferry, takes a break near dusk

by Dick Mayeron 27 August 2007 - 3:50pm HST

Maui Judge Cardoza issued a Temporary Restraining Order (TRO) stating that the Superferry can NOT use Kahului Harbor from now till September 6th. The TRO does NOT include Kauai.

He will hold a hearing on Wed., August 29th to determine if the TRO should be made permanent after September 6th.

In the interim the HSF is allowed to return folks back to their home island.

by Diana LaBedtz on 27 August 2007 - 3:45pm HST

The boat left, it's on the way from Honolulu.

The judge signed something, we don't know what yet. Stay tuned and hope to see you today at the protest 5:30pm at Nawiliwili Harbor.

by Diana LaBedtz on 27 August 2007 - 2:30pm HST

There has been no word from the Court. As we understand, the Superferry will run again today to Kauai.

So, if you can be there at Nawwiliwili Park at 5:30pm we can do it again. Please pass along this information and car pool.

by Judy Lumborgon 27 August 2007 - 1:45pm HST

Information from the Circuit Court in Maui is that Judge Joseph Cardoza is not particularly sympathetic to issuing a restraining order on the Superferry Corporation to stop operations and may drag his feet on maing a decision.

All the more reason to get down to Nawiliwili Harbor this aftermoon to greet the Superferry again.

by Keone Kealoha on 27 August 2007 - 1:30pm HST

Contacted office of the Mayor, Council and KPD and none of them have official statements regarding the activities of last evening’s HSF events. KPD seemed very aloof and would not volunteer any information other than they had been contacted by the media.

The officer answering at 241-1648 said he was unaware of anything “bad” happening. Would not confirm arrests and had “no knowledge” of any use of mace, pepper spray or the like. He suggested contacting the Lihu’e command for those details.

by Diana Labedz on 27 August 2007 - 12:00pm HST

Irene "Maui Tomorrow" said they are still in court and waiting. They met this morning with the second district court the "traffic concerns" and the "judge was pissed" She said everyone there is so proud of Kauai citizens and they wished they were as organized as us.

I just spoke to Gary Hooser's office. As soon as they know anything he will call. But for now, the superferry is running. I will announce when I know something.

SUBJECT: HAWAII SUPERFERRY LANDING

SOURCE: ELAINE DUNBAR inunyabus@gmail.com

POSTED: 27 AUGUST 2007 - 1:45pm HST

by Elaine Dunbar 27 August 2007

As to the "Overwhelming acceptance of Hawaii Superferry by Hawaii residents" the photo of Superferry's companion boat (U.S. Coast Guard) and machine gun says a thousand words. Garibaldi & gang state that Hawaii's residents want this but the dissidents don't. Who are the dissidents?

I believe, last time we looked - they are Hawaii's residents. Listed are only a few KPD Vehicle License Plates; to be accounted for when it comes time to bill Superferry for manhours. In a brief confrontation with Joanne Yukimura, she assured me (in front of witnesses) that "NO" the county will not be liable for the overrun on police payments as was the $300,000 over budget expenses last time. But this remains to be seen, I have found she is quite good at 'talking'.

Another disturbing aspect of our county officials/representation non action/minimal show of face was that they had to be called and emailed numerous times by numerous people with no return calls. The fact that emails were cc'd was helpful because they knew it wasn't going to go unnoticed. I believe now more than ever they are all deadbeats and question the reason for them to receive salaries, especially since the residents must do their work for them - always. But at least our Mayor was able to enjoy a couple days at the fair in spite of all the
turmoil.

KAUAI COUNTY VEHICLES RECORDED (minus many more)

KY D917(military uniform officer)
CK 1613
CK 1623
CK 1651
CK 1656
CK 1661
CK 1714
CK 1798
CK 1802
CK 1805
CK 1809
CK 1861
CK 1863
CK 1864
CK 1922
CK 1925
CK 1926

At the Matson gate were Officers Vinzante, Nesbitt and Banquel. They
were there first. Officer Vinzante was aggressiveness, pushed and wrestled with a kid. Officer Nesbitt appeared to be acting as a Police Peace Officer attempting to neutralize everything. I was impressed with this officer's professional conduct throughout the whole event.

The first vehicle to come out of the gate was an SUV tag # KYB 155. The driver physically shoved Officer Nesbitt who was standing in front of the car blocking it from protesters. To show his appreciation he continued to run his car into Officer Nesbitt and eventually many people and a dog that was under the front wheel.

License #'s of vehicles first to leave the gate after the long standoff are KYB155, KWJ632, KWR504(564?), KHB550. It became difficult to determine if these cars actually came off the boat or were employees at the dock. There appeared to be no more waiting cars after these cars exited.

This morning I have had severe chest/lung distress and a friend having facial burning sensation yesterday. I understand the young surfer boy got blasted in the face with a black substance. I stayed too long at the Matson gate and wondered what the gaseous/chemical smell was; now I realize why those guys never removed their stocking masks and why KPD officers remained mostly away from the gate.

SUBJECT: HAWAII SUPERFERRY CASE

SOURCE: ELAINE DUNBAR inunyabus@gmail.com

POSTED: 25 AUGUST 2007 - 8:30pm HST

A plea to Kauai government to protect us

image above: almost 20 Kauai police officers "protect" the Superferry from Kauai on August 19, 2007.
Let's see them uphold the County Council ruling by protecting us from the Superferry tomorrow.

by Joe & Georggine Crocona on 25 August 2007

Please act quickly to uphold the Supreme Court ruling and do not allow the Superferry to drop off passengers, or operate in Kauai until the EIS is completed.
Your failure to act quickly in Kauai's best interest will cause many problems for the people of this island.

We need our local officials to insure us that they will do everything in their power to make sure this ruling is upheld and that the Superferry will not be coming to Kaua'i in the interim.

The Superferry (A private corporation) hired Kauai's very own police officers for last weekend's ferry protest at Nawiliwili. This is unacceptable! Who is in charge here??

We need strong leadership. The Supreme Court gave you all the ammunition you need, don't pass the ball, act now!

Mahalo,
Joe & Georgine Crocona
tahitianpearl@hawaii.rr.com 652-3867

Terry & Trudy Meado
poipusunset@hawaii.rr.com

Sam & Lu Bonanno
socrates888@hawaii.rr.com

click at right to comment Island Breath Blog