Mauians propose Superferry conditions

The Maui News
Friday, October 19, 2007

By MELISSA TANJI, Staff Writer

HONOLULU – Maui residents and one Kauai resident opposed to the Hawaii Superferry said they got favorable reactions Thursday as they met with legislators to voice their concerns over plans for an emergency special session to allow the Superferry to operate.

Members of Maui Tomorrow along with their attorney and other residents and a member of People for the Preservation of Kauai voiced their opposition to the special session.

But they said if the ferry is allowed to operate while an environmental assessment or environmental impact statement is being prepared, there need to be stringent conditions.

Dick Mayer, a retired Maui Community College economics professor, said he felt good after the meeting with Senate President Colleen Hanabusa and other legislators.

"They were very thankful that somebody is helping them determine potential conditions for the operation of the Superferry. Up until now, they felt they did not have the expertise or advisers to help them craft legislation," Mayer said.

The group suggested 29 conditions that should be imposed on Superferry operations if the vessel is allowed to run while a environmental study is being prepared. The conditions would seek stiffer standards for preventing the spread of alien species among the islands, require state agricultural inspectors to conduct inspections of ferry cargo and mandate a bond to reimburse the state if environmental problems occur as a result of the ferry operations.

The conditions would slow the ferry to 15 mph in areas where whales are known to congregate and ban ferry passengers from carrying any natural products gathered from the islands they visit.

Legislators on Thursday said they are expecting a special session to convene at midweek on possible legislation to negate an injunction issued in 2nd Circuit Court barring Superferry runs while an environmental assessment on state harbors improvements is prepared.

The Senate is also preparing for informational briefings Sunday through Tuesday to gather community input from Kauai, Maui and Kona. Dates and times may be announced as early as today.

"I’m very appreciative they thought enough of us to come and share their thoughts with us," said Hanabusa, the Democratic Senate leader who represents Leeward Oahu.

She said both sides shared ideas and she is providing copies of the proposed conditions to all senators. While she recognizes that some may object to a special session, Hanabusa said, "The only thing I can say to them and to others on Maui is the Senate is very concerned about the issues as well.

"That’s why we are coming to the Neighbor Islands to have the hearings there."

Hanabusa also voiced her concern that the Legislature is not responsible for enforcing any conditions of the law.

"We could write things into the law, but there’s no way that we can ensure compliance, because we don’t have an enforcement arm," she said.

Gov. Linda Lingle has asked the Legislature to return to the Capitol for an emergency session to help refloat the Superferry. She was told by legislators that she needs to offer a proposal for dealing with the injunction that they find viable. Legislative leaders have been meeting with state Attorney General Mark Bennett on possible legislation.

The effort to call a legislative session is in reaction to the decision by Maui Circuit Judge Joseph Cardoza, who ruled Oct. 9 that the Superferry cannot sail. His decision followed a Hawaii Supreme Court ruling Aug. 23 that an environmental assessment should have been required when the state Harbors Division planned $40 million in harbor improvements to accommodate the Superferry at four state harbors.

The Superferry is a 350-foot-long catamaran-design vessel capable of carrying nearly 900 people and more than 200 vehicles between islands, reaching top speeds of more than 40 mph.

Maui Tomorrow Foundation, the Maui chapter of the Sierra Club and the Kahului Harbor Coalition were plaintiffs in the civil suit over the proposed ferry operations that led to the decision by Cardoza.

"I think it was very important that they came, because they were the plaintiffs in the lawsuit," Maui Sen. J. Kalani English said of the visit by the Maui coalition Thursday.

He said the group developed proposed conditions based on evidence presented at the injunction hearing before Cardoza.

"It was not just picked out of the air," he said. "What they did, which was in my opinion brilliant, they set a standard to what the conditions should be."

English said three Senate committees, including his Transportation and International Affairs Committee, will participate in the Neighbor Island briefings to be held prior to a special session.

In addition to Mayer, the Maui residents going to the Capitol on Thursday included attorney Isaac Hall, Maui Tomorrow acting President Judith Michaels, Hawaiian cultural practitioner Leslie Kuloloio and flower grower Masako Wescott. Rich Hoeppner represented People for the Preservation of Kauai.

The Associated Press contributed to this story. Melissa Tanji can be reached at mtanji@mauinews.com.

Copyright © 2005 The Maui News.

Original article URL: http://www.mauinews.com/news/2007/10/19/01Maui1019.html

Return to Sen. English Home Page - KalaniEnglish.com

 

 

 

 

 

 

Home Bills and Resolutions About Senator English Committees Community Profiles Newsletter Archive News Archive Capitol Web Site Media Photos

Connect with Senator English

OUR DISTRICT