Governor Linda Lingle signed the “Superferry bill” into law late Friday, which will allow the high-speed ferry to operate while the state of Hawai‘i conducts an Environmental Impact Statement. Along with signing the bill, Lingle announced more than 40 conditions
Governor Linda Lingle signed the “Superferry bill” into law late Friday, which will allow the high-speed ferry to operate while the state of Hawai‘i conducts an Environmental Impact Statement. Along with signing the bill, Lingle announced more than 40 conditions meant to minimize the ferry’s impact on Hawai‘i’s environment.
“This legislation and the conditions the ferry service will be required to follow will preserve an important inter-island transportation alternative for the people of Hawai‘i while protecting our natural and cultural resources,” Lingle said in a statement. “I want to commend the bipartisan effort of the Legislature to pass this bill. I also want to thank all of the citizens who took the time to contact lawmakers or who testified to make their voices heard on this important issue.”
Yesterday afternoon, the state and Hawaii Superferry filed motions before Circuit Court Judge Joseph Cardoza to dissolve the injunction and reinstate the operating agreement to allow the ferry to begin operating out of Kahului Harbor.
Cardoza will answer the question Wednesday at 10:30 a.m. whether the hearing for the motions will be expedited due to stated time-sensitive requirements of the business operating the ferry.
On Aug. 23, the Supreme Court ruled unanimously that the Hawai‘i Department of Transportation erred when it exempted the Superferry from environmental review. Judge Cardoza ordered the Superferry to suspend service to Kahului Harbor until the review is finished, ruling in favor of three environmental groups.
“I hope the judge quickly lifts the injuction so the people can begin benefiting from this new and important service,” Lingle said yesterday, in a statement.
Before signing the bill, Lingle met with various groups and individuals around the state to ask for input on the operating conditions for the ferry, including the Sierra Club, The Dolphin Institute, Pacific Whale Foundation, Department of Land and Natural Resources, Maui Tomorrow and the Hawaii Superferry. Lingle also met with Neighbor Island mayors and County Council chairs. With the input she received, the governor established mandatory conditions the Superferry will be expected to follow.
The main concerns regarding the operation of the Superferry are whale and other marine mammal strikes, the introduction of invasive species, the higher number of cars impacting local traffic and public safety.
Lingle recognizes people won’t be happy with her conditions, but feels her decisions “represent a good faith effort to include meaningful conditions that don’t seriously hamper the ferry’s chance to succeed.”
The governor has also acknowledged different environmental groups’ suggestions that the state conduct a rapid risk assessment during the Superferry’s first months of operation. Lingle has already directed the Hawai‘i Department of Transportation to authorize the study.
The assessment will scrutinize what is really carried on board the Superferry. Jeff Mikulina, director of the Hawai‘i Sierra Club Chapter, thinks this will help determine what will be, and how things are introduced to the eco-system.
“We would settle it once and for all,” Mikulina said. “We will also learn how things are moved in, on boots, in wheel wells.”
Mikulina points out that an assessment done at Kahului Harbor in Maui a few years ago was quite the eye-opener. Everything shipped was thoroughly examined as it arrived, and according to Mikulina, consultants were surprised at what they found actually coming into Hawai‘i.
According to Lingle, conducting the risk assessment could determine “whether to change the current conditions or whether to impose new ones.”
Hawaii Superferry president and CEO John Garibaldi is ready to resume service as soon as possible.
“We appreciate Gov. Lingle’s and the Legislature’s timely action of signing into law a bill that allows Hawaii Superferry to operate while the state conducts an EIS,” Garibaldi said in a statement.
“Hawaii Superferry believes that the operating conditions outlined by the governor are reasonable and fair under the current circumstances. As we stated last week, we look forward to resuming service once all operational, regulatory and legal steps are completed.”
Specific conditions the Hawaii Superferry will be required to follow include:
• Post two persons to act as whale lookouts and request National Marine Fisheries Service certified observers be on board to monitor marine life and warn the ship’s crew to prevent potential collisions;
• Avoid operating within the Hawaiian Islands Humpback Whale National Sanctuary from Jan. 1 to April 30;
• Conduct agricultural screenings and inspections of all passengers and vehicles;
• Conduct visual inspections of engines, interiors, undercarriages, wheel wells, trunks and pickup truck beds. Excessively muddy vehicles will be turned away
• Ban living plants and plants parts (roots and root stock) that are not accompanied by a Hawai‘i Department of Agriculture Certificate of Inspection;
• Require passengers to declare all plants, fruits and seeds;
• Prohibit the transport of logs, cut trees and tree limbs;
• Ban the transport of rocks, soil, sand, dirt or dead coral;
• Ban the transport of opihi, lobster or other crustaceans and fishing nets of all kinds;
• Comply with all state water pollution laws, rules and regulations, and refrain from discharging wastewater into the ocean;
• Employ trained staff to manage traffic entering and exiting each port terminal facility and post security guards or off-duty police officers to direct traffic and control signals to minimize traffic problems; and
• Cooperate with any risk assessment conducted or authorized by the DOT and DOA.
• Rachel Gehrlein, staff writer, can be reached at 245-3681 (ext. 225) or rgehrlein@kauaipubco.com.
