The Hawaii Superferry found no port in a storm last night, turning back to O‘ahu about 9 p.m. after dozens clogged the entry to Nawiliwili Harbor while hundreds shouted from shore. Sailing in the face of court orders, the Hawai‘i
The Hawaii Superferry found no port in a storm last night, turning back to O‘ahu about 9 p.m. after dozens clogged the entry to Nawiliwili Harbor while hundreds shouted from shore.
Sailing in the face of court orders, the Hawai‘i Superferry returned to Kaua‘i last night with another load of passengers and cars traveling from Honolulu to Nawiliwili Harbor on discounted $5 fares.
“They wouldn’t offer $5 fares if it were pono,” said protester Jeri DiPietro of Koloa.
Close to 1,000 Kaua‘i residents — waving “Bury the Ferry” signs and shouting “Go home” — lined the narrow jetty road that leads to the 350-foot “Alakai’s” designated boarding zone.
Despite an added local, state and federal law enforcement presence in and out of the water, more than 60 surfers, swimmers, kayakers and outrigger canoe paddlers again delayed the inter-island catamaran from docking by its 6 p.m. scheduled arrival time.
Backed by a few Kaua‘i Police Department boats, U.S. Coast Guard officers in multiple vessels — including an 85-foot cutter — threatened arrest through loud speakers as they tried to clear a path through the human wall.
It was unclear at press time how many protesters law enforcement officers took into custody.
Four KPD cruisers and officers controlled the intersection to the jetty road, preventing protesters from repeating Sunday’s vehicle blockade that further stalled the unloading of Superferry passengers and cars arriving on the Alakai’s first official service run here.
Kaua‘i Police Department officers Sunday arrested three local residents on misdemeanor charges and the U.S. Coast Guard forcefully cleared at least 20 surfers and swimmers blocking the vessel from docking.
“They herded them like goats,” said Koohan Paik of Kilauea.
KPD Capt. Scott Yagihara said police charged Justin Wood, 22, of Kapa‘a, on suspicion of disorderly conduct; Bomun Bockchung, 28, Kilauea, on suspicion of harassment, disobedience to police officers and obstructing government operations; and Randy Wolfshagen, 49, Kekaha, on suspicion of obstructing government operations and criminal trespass in the second degree.
Temporary restraining order granted
Joseph Cardoza, Second Circuit Court judge for Maui, yesterday granted three environmental groups’ request to stop the Superferry from using Maui’s Kahului Harbor.
The judge issued a temporary restraining order hours after the Alakai successfully made its second daily run to Maui. The order, in effect until Sept. 6, does not apply to ports on O‘ahu or Kaua‘i.
But People for the Preservation of Kaua‘i spokesman Rich Hoeppner said plans are underway to file for a similar injunction in Kaua‘i court today.
“I’m so impressed with all the people that have turned out,” he said, noting there has been coast-to-coast media coverage.
The Hawai‘i Supreme Court unanimously ruled Thursday that the state Department of Transportation erred in its decision to exempt the Superferry from an environmental review of $40 million in state-funded harbor improvements.
Attorney Isaac Hall — representing Maui Tomorrow, the Kahului Harbor Coalition and the Sierra Club — is seeking a permanent injunction to ground the Alakai in Honolulu during the Department of Transportation’s environmental review.
The Superferry is violating state law by operating prior to an environmental assessment, Hall said.
“Everybody across the state sees that the law is clear,” he said.
“This review should have been done years ago,” Sierra Club’s Hawai‘i Chapter Director Jeff Mikulina said. “There’s a potential for serious environmental and community harm. …You have to look before you leap.”
Paik said she filmed much of the protest Sunday, which started around 3 p.m. at Nawiliwili Park and ended sometime after 10 p.m. when the Alakai sailed back to O‘ahu.
There were 20 police cruisers, seven SWAT members and 1,000 protesters there then,
she said.
Witnesses said they saw police use Mace on two residents Sunday.
The Kaua‘i Police Department at press time could not confirm or deny these incidents or others reported.
“I’m shocked that the owners of the Superferry decided to ignore the Supreme Court’s decision,” Kaua‘i County Councilwoman JoAnn Yukimura said.
When an entity like the Superferry is refusing to follow the law and law enforcement agencies like the U.S. Coast Guard are brought in to protect the Superferry, Yukimura said, “it distorts the framework of law and order in our community.”
The councilwoman said she blames Superferry officials and the Department of Transportation for creating unsafe conditions by allowing the situation to happen and not following the law.
The Kaua‘i County Council unanimously approved a resolution on Jan. 26, 2005, requesting an environmental impact statement be prepared prior to the Superferry starting service.
“If the Superferry had spent the last year and a half doing an EIS instead of pushing its way through, we all would be better off,” Yukimura said.
Coast Guard issues security warning
The U.S. Coast Guard issued a security warning yesterday in advance of the Superferry’s return to Kaua‘i.
“Inside the harbors of Honolulu, Kahului and Nawiliwili, the Alakai will have a circular security zone extending 100 yards out from, and centered on the vessel. The security zone will move with the vessel as long as it is within three nautical miles of the mouth of the harbor,” a Coast Guard news release states.
“No person is allowed within 100 yards of the Alakai when it is underway or at anchor, unless authorized by the U.S. Coast Guard Captain of the Port-Honolulu.
“Any violation of the security zone is a federal offense and may result in civil penalties; fines of up to $32,500 per violation, where each additional day of a violation is a separate violation, or criminal penalties including imprisonment for up to 10 years and a fine of up to $10,000, seizure and forfeiture of the vessel, and other administrative sanctions authorized by law,” the release states.
Superferry responds to TRO
— Statement released Monday evening by Hawaii Superferry
“Hawaii Superferry is disappointed with the temporary restraining order issued today by the Maui Circuit Court. Hawaii Superferry will, of course, comply with the TRO. We intend to pursue all legal options that are available to us. A hearing is scheduled for Aug. 29 to consider our opposition to the restraining order. We are hopeful that we will prevail in our Aug. 29 hearing and expect to resume operations to Maui on Aug. 30.
Customers who have booked a voyage to or from Maui for travel on Aug. 28 and Aug. 29, will automatically be issued a refund. For those O‘ahu/Maui passengers with travel dates starting after Aug. 29, we will issue a refund upon request to our Web site or reservations call center. Please note that due to heavy call volumes it is recommended that passengers use the Web site.
Hawaii Superferry will contact those passengers who have commenced their O‘ahu/Maui travel and are scheduled to complete their travel on Aug. 28 or Aug. 29 to rebook their return travel dates.
We will plan to continue our service between the islands of O‘ahu and Kaua‘i and look forward to continuing to serve the people of these communities.
For more than three years, Hawaii Superferry has met all the requirements of the state Department of Transportation, including provisions pertaining to environmental review. The company complied with, and in many instances, exceeded Hawai‘i and Federal environmental standards.
The same careful attention to regulatory compliance and overall responsiveness has been applied to the protection of whales, safety and security issues, community and harbor users, prevention of the spread of invasive species, and traffic management.
Hawaii Superferry is grateful to the support and excitement shown by our residents who have booked more than 23,000 voyages on the Alakai and the 4,000 passengers who have experienced the sheer pleasure and excitement of Hawaii Superferry over the last two days.
It is our continued hope and intention to serve the people of the state of Hawai‘i by providing the convenient inter-island travel and transportation alternative they desire.”
