The return of the Hawaii Superferry to Kaua‘i could be just two weeks away, as legislators plow ahead with compromises hashed out in committee meetings last week. State senators will be voting today on their bill, passed out of committee
The return of the Hawaii Superferry to Kaua‘i could be just two weeks away, as legislators plow ahead with compromises hashed out in committee meetings last week.
State senators will be voting today on their bill, passed out of committee last week, while state House Representatives will hear the Senate’s bill.
Proposed amendments made by Rep. Hermina Morita in the House version didn’t pass, including requiring slower speeds in whale sanctuary areas and not leaving Gov. Linda Lingle in charge of environmental enforcement.
The most recent version also stipulates lawsuit protection, which is designated solely for Hawai‘i in reference to past actions, leaving the Superferry open to pursue future litigation against the state, as well as having Lingle launch an investigation into why the ferry was approved without an environmental assessment in the first place.
The $300 million inter-island catamaran, which hasn’t been operating at full steam since August, had promised ferrying up to 866 passengers and 282 vehicles twice daily.
Reiterating that it’s critical not to confuse the issues, both Kaua‘i legislators, Morita and Sen. Gary Hooser, have repeatedly said they aren’t for, or against, Hawaii Superferry.
Instead, they say they’re against the process in which it was approved, or lack thereof.
“For me, it’s not about whether you’re pro-Superferry or anti,” Hooser said.
“It’s about the process. The Hawaii Superferry did not follow the law, and that was determined by the Hawai‘i Supreme Court. I think for most people, myself included, that’s all we want: To become right with the law; for it to be followed and for there to be a proper environmental review. Then let the cards fall where they may.”
But even discussing the issue in a special session wasn’t the route that legislators such as Morita considered to be in compliance with Hawai‘i statutes.
“I do not support this special session,” Morita said in her floor speech. “…We are not making policy. We are finding a way to circumvent the law to facilitate a permitting process.”
Stating that he, too, was against the special session, Hooser said so far his opinions on the Superferry issue in general have landed him squarely in the minority.
“This issue has divided the community all over the state,” he said. “Even on Kaua‘i, people feel differently and strongly on both sides of the issue.
“There’s no question that whatever impacts the Superferry will bring, it will be felt most significantly on the Neighbor Islands. Compared with those on the Big lsland, Maui, Kaua‘i … it’s totally different than it is for those living in Honolulu, absolutely.”
However, he added, there is a silver lining, albeit small.
“I think it’s a given the Legislature will pass the bill to allow the Superferry to operate in Hawai‘i while doing testing,” he said.
“The only situation left to consider is what type of conditions it will have to operate. We passed a version addressing invasive species and whale contact.
“I think those changes were positive, but not enough,” he said.
If the Legislature passes the proposed legislation this week, the ferry could be running again from O‘ahu to Maui and Kaua‘i by early November.
Hooser said he also anticipates the legislation to be challenged in court.
“I expect there to be essentially a question of the constitutionality to pass laws just for one particular person’s benefit,” he said. “This law is written so it’s broader than one, but I think it’s really all about the Superferry.”
Noting he found it troublesome that Lingle said many times publicly that her office needed to work “with the Superferry” to find a legislative solution, Hooser said, “It doesn’t seem balanced.”
As the litigation of the Superferry saga inevitably moves forward, Hooser said he hopes residents who oppose the legislation or the way the Superferry is being handled will be responsible.
“I would encourage taking a deep breath and thinking very closely about any actions you’re going to take,” he said.
“In terms of protesting, if you’re going to protest, do it safely and legally. It’s not worth it for people to get hurt or be arrested. There are other, more effective legal ways to show concern.”
• Amanda C. Gregg, assistant editor/staff writer, can be reached at 245-3681 (ext. 252) or agregg@kauaipubco.com.
