Hawaii Superferry OK'd for Kauai, Maui Legal Battle Continues

HONOLULU, Hawaii, September 12, 2007 (ENS) - Governor Linda Lingle today announced today that the new Hawaii Superferry, the Alakai, will resume service to the island of Kauai starting Wednesday, September 26 on a temporary daylight schedule.

Federal, state and county law enforcement agencies will strictly enforce a temporary security zone established at Kauai's Nawiliwili Harbor by the U.S. Coast Guard, Governor Lingle said.

The security zone was established after dozens of protesters opposed to the Superferry swam and paddled into the 350 foot-long catamaran's path to block it from entering the harbor while hundreds of others lined the dock.

Protesters greet the Hawaii Superferry as it attempts to dock on Kauai. August 26, 2007 (Photo courtesy Surfer's Path)

The Superferry was scheduled to begin service from Oahu to Kauai and Maui on August 28, but despite the court ruling pushed its start date ahead two days and sailed August 26. The vessel was met by protesters on Kauai, some of whom were arrested.

Legal action continues in a Maui courtroom where attorneys for the three groups - Maui Tomorrow, the Sierra Club and the Kahului Harbor Coalition - are seeking a permanent injuction to keep the Superferry from sailing to Maui until the environmental assessment is complete, a process that could take up to a year.

A Kauai state legislator has filed a complaint with the Hawaii Public Utilities Commission seeking a suspension of the Superferry's operating permit until the company shows it is complying with state environmental laws. State Representative Hermina Morita, a Democrat representing a Kauai district, says the Supreme Court ruling should mean the Superferry cannot operate until the environmental assessment is complete.

Some Kauai residents say they will protest again when the Superferry resumes sailings. Jeff Mikulina, director of the Sierra Club's Hawaii chapter, is asking protesters to abide by the law.

Governor Lingle said the resumption of Superferry service to Kauai follows extensive planning by Kauai Mayor Bryan Baptiste, the Coast Guard, state Departments of Public Safety, Transportation and Land and Natural Resources, Attorney General's Office, Kauai Police Department, and other government agencies to allow the Superferry to safely enter and depart the harbor, while providing a safe place for protestors to demonstrate.

"We have worked with our county and federal partners to make certain that the resumption of Hawaii Superferry service to Kauai focused on public safety, first and foremost," said Governor Lingle.

"We believe the plan will protect public safety, recognize Hawaii Superferry's legal right to operate, provide lawful opportunities for those who want to protest, and move to restore the state's reputation as a place of mutual respect for those who have differing points of view.

"We respect everyone's right to voice their opinion, but we will not allow a small group of protestors to act out in a lawless manner to obstruct the operations of a legitimate business, intimidate the people who wish to use its services or put people's lives at risk," the governor warned.

Governor Lingle cautioned anyone who is planning to recruit children or teenagers to participate in illegal protests that they could be held liable for child endangerment. During the demonstrations that met the Superferry upon its first two voyages to Kaua‘i, several children were on surfboards in the harbor and came dangerously close to the Alakai and Coast Guard vessels.

Between now and September 26, Governor Lingle and state, county and federal partners are planning to visit Kauai to meet with the public regarding the plan for the return of Superferry service. They will meet with groups on Kaua‘i, both those who support and oppose the Superferry, as well as those who want to learn more.

"We want to make sure that those who choose to violate the temporary security zone and put themselves or others at risk understand that they will be prosecuted to the fullest extent allowed under federal and state law," said Governor Lingle.

Superferry critics fear that the vessel's transit of the National Humpback Whale Sanctuary will harm the endangered whales. They are concerned about an increased risk of invasive species being carried to Maui and Kauai, and they worry that visitors with vehicles will carry natural resources off the islands.

Today, state conservation officers said they are investigating three men who traveled to Maui from Oahu and loaded three pickup trucks with river rocks of the type used to cook food underground in traditional stone ovens. They might have driven onto the Superferry, transporting the rocks to Oahu, but a court order suspended ferry service on August 27, stranding them at the Superferry pier on Maui where their plan was discovered.

Copyright Environment News Service (ENS) 2007. All rights reserved.