Many residents cranked up the volume of their “EIS First” message to lawmakers here on Kaua‘i yesterday seeking input on draft Superferry legislation that may be presented to a special session of the Legislature. More than 300 community members packed
Many residents cranked up the volume of their “EIS First” message to lawmakers here on Kaua‘i yesterday seeking input on draft Superferry legislation that may be presented to a special session of the Legislature.
More than 300 community members packed King Kaumuali‘i Elementary School cafeteria in Hanama‘ulu for the first of three informational briefings by a state Senate delegation on the Neighbor Islands.
All but a handful of the dozens of residents who testified said they opposed legislators convening a special session as soon as Wednesday to pass a bill that would allow Hawaii Superferry to resume inter-island service while an environmental impact statement is completed.
A panel of seven state senators representing various committees and islands sat attentively as the anxious but civil crowd took turns at the microphone for more than five hours.
“We have come to listen,” said state Sen. Brian Taniguchi, D-10th District, Manoa/Mo‘ili‘ili/McCully/Makiki. “Rumors that this is a done deal are not true.”
Local resident Janos Samu made his point when he asked residents in the room to raise their hands if they wanted Hawaii Superferry’s 350-foot “Alakai” catamaran to run prior to a complete environmental review — only a few arms went up.
“Senators, I beg you … represent the people,” he said.
While the vast majority called on their lawmakers to not even consider calling such an “unprecedented” special session, others critiqued the draft legislation that would save the company.
Pointing to multiple court rulings, Hanapepe resident Linda Pascatore said the proposed bill is flawed if Gov. Linda Lingle’s administration retains the ultimate authority in setting operating conditions for Hawaii Superferry.
“Lingle is not qualified to make these determinations,” she said.
The state Supreme Court on Aug. 23 unanimously decided the state Transportation Department wrongly exempted Hawaii Superferry from an environmental assessment.
A Maui circuit court later ruled the 282-car, 836-passenger ferry service must remain suspended until the environmental review is completed.
Kilauea entrepreneur Scott Mijares pointed to Judge Joseph Cardoza recognizing, in his Oct. 9 decision, the potential for the Alakai to cause “irreparable harm.”
“This is the wrong time to make the wrong decision,” Mijares said. “And the wrong decision is letting the Superferry sail without an EIS.”
Other residents, even some supporters who want the ferry as an alternative means of transportation between the islands, called on legislators to incorporate into the bill a list of 29 operating restrictions that environmentalists have submitted.
The proposal, compiled Thursday by Maui attorney Isaac Hall, includes more thorough vehicle inspections, stricter regulations on transporting agricultural products and enforcing the protection of Native Hawaiian customs.
Hanapepe businessman Arius Hopman called the Alakai a “killing machine” if it cruises at the proposed 40 miles per hour from O‘ahu to Maui and Kaua‘i.
“The planet is sick because our policies are sick,” he said.
Instead of going into an emergency session to change the law, local resident Ken Taylor said legislators should just follow the law as it stands.
Hawaii Superferry officials have said the business would leave the islands if forced to wait for the environmental review to be completed — a process that could take six month or possibly years.
Rich Hoeppner, a Kaua‘i activist who has fought the past two years for an environmental review of Hawaii Superferry, said the state constitution puts public welfare first.
He said legislators can uphold existing statutes or “forsake the rule of law for this corporate enterprise,” causing “chaos and anarchy” in the short-term and litigation in the long-term.
Keone Kealoha, director of the sustainability group Malama Kaua‘i, asked the senators to “be the voice of the people.”
“The land is the chief,” he said. “The people are the servants.”
• Nathan Eagle, staff writer, can be reached at 245-3681 (ext. 224) or neagle@kauaipubco.com.
