From: Greg Kaufman
Sent: Wednesday, September 26, 2007 8:22 PM
Thursday will be the sixth day I will have sat in the witness stand.
The importance of my tenure can not be underscored enough and is not
missed by HSF and HDOT.
This is THE case. Both sides realize it.
For HSF and HDOT they will spend the next two days trying to discredit
any and everything Pacific Whale Foundation or I have ever done or
accomplished.
This is the voice of 200 million dollars.
It is not the voice of reason.
It is a desperate and pathetic cry for self-survival.
Over the next 48 hours my voice will ring for every child that we have
educated.
Every person who has seen a whale for the first time.
For the freedom and magic of wild dolphins.
For curious turtles and shy fishes.
For waves.
For wind.
For the ocean.
For the right of self expression.
This is the voice of Hawaii.
The voice of its people, its' heritage and its' culture.
The ocean and its creatures are sacred and must be protected.
While Pacific Whale Foundation may be but a thread in this intricate
web, without our 'thread' -- our voice -- it all fails.
In the next 48 hours focus not on the disparaging remarks or idle
threats, but what is pono -- what is good and right.
Now is when we stand up, collectively, for the rights of whales,
dolphins, marine life and their ocean home.
This is the last stand -- the first stand -- the start of the new
beginning where the public's voice, the whale's songs and the dolphin
cries are heard anew.
Greg
Thursday, September 27, 2007
Superferry heading to high court -- again
Superferry heading to high court -- again
Legislative leaders want to see the Hawaii Superferry succeed so are poised for a special session
STORY SUMMARY »
It looks like the Superferry case is headed back to the Hawaii Supreme Court.
The environmental group Thousand Friends of Kauai has agreed to drop its challenge in Circuit Court, inviting a dismissal that will allow it to take up the matter with the state's high court.
"We always expected this case to end up in the Supreme Court," Thousand Friends lawyer Daniel Hempey said.
"This will save our group time and money."
Meanwhile, in a Maui court yesterday, the state transportation director testified in favor of the stalled Superferry as an alternate means of interisland travel. Barry Fukunaga also said the state has begun reviewing bids for an environmental assessment of Superferry operations. The study would likely take eight months, he said.
Fukunaga appeared before Circuit Judge Joseph Cardoza, who has been hearing testimony on whether the 149-passenger Alakai should be allowed to operate while the assessment is under way.
Once Cardoza rules, state lawmakers say, they will decide whether a special session is necessary to get the Superferry back in business.
FULL STORY »
Democratic leaders in the House and Senate say they have a majority willing to do something to keep the Hawaii Superferry sailing.
But House Speaker Calvin Say and Senate President Colleen Hanabusa caution that they will not act until after a Maui court rules on a possible injunction against the ferry.
Hanabusa and Say met with fellow Democrats yesterday and Tuesday at the state Capitol. Although no specific legislation was proposed, both said there was a willingness to come in for a special session to write a law that would allow the ferry to sail while the state complies with the Supreme Court order to complete an environmental assessment.
Earlier this year the Senate passed a bill to allow the Superferry to run while an environmental impact statement was done. The EIS is more detailed than an assessment and could take two years to finish, according to state officials. But it would have given the ferry time to get established and collect fares.
"I don't think there has been any deviation (in the Senate) that the ferry should continue to operate while the EIS is done," Hanabusa (D, Nanakuli-Makua) said yesterday.
Another senator, Suzanne Chun Oakland (D, Kalihi-Liliha), said there is "legislative interest in coming up with a solution."
"My sense is that most would not want to stop the Superferry at this point.
"I think most people in Hawaii were looking forward to this, so I hope they do not go away," Chun Oakland said.
Asked if the House would also come back for a special legislative session, Say (D, St. Louis Heights-Wilhelmina Rise-Palolo Valley) said yes.
"I would say there is a sentiment that wants to see the Superferry sail. I would say it is a pretty good sentiment. I would say probably three-quarters of them," Say said.
House Democrats rejected the Senate's call for an environmental impact statement or assessment earlier this year, and Say noted that the delays are hurting the ferry.
"Is there harm to the Superferry, financial harm? Yes. Is there harm to the environment? I really don't know," Say said.
Say worried that if the ferry is blocked and pulls out of Hawaii, the state will be hurt.
"I think if we lose the Superferry, I think we go back to being a backwater," Say warned.
Others yesterday worried that if the ferry leaves, the result will be both lawsuits and the state responsible for an unusable $40 million in Superferry harbor renovations.
"If the court doesn't rule in favor of the ferry, it triggers all kinds of scenarios," said Sen. Bob Bunda (D, Kaena-Wahiawa-Pupukea).
"The question is, Will the state recoup the $40 million? And the answer is, Probably not," he said.
"What was a good thing could be a real debacle," Bunda added.
Kauai group drops suit, will pursue appeal to high court
LIHUE » Lawyers for the environmental group Thousand Friends of Kauai have agreed not to press their case today for a preliminary injunction to keep the Hawaii Superferry from sailing to the Garden Isle.
The two sides will agree to have the case in Kauai Circuit Court dismissed so the group can appeal a ruling to the state Supreme Court.
Last week, Circuit Judge Randall Valenciano decided that the case could go forward but that Thousand Friends' lawyers could not argue that the Superferry and the state Department of Transportation had violated the Hawaii Environmental Protection Act. Valenciano said the group had failed to meet the deadline under the law to file their case.
The two sides finalized the agreement yesterday, Thousand Friends lawyer Daniel Hempey said.
"We always expected this case to end up in the Supreme Court," Hempey continued. "This will save our group time and money."
Superferry spokeswoman Lori Abe said the company was pleased with the agreement. "Hawaii Superferry does not plan on resuming service to Kauai until the hearings on Maui have concluded and a decision has been rendered."
Friday, September 21, 2007
Major show of EIS support at Governor's Kauai Q&A
FL MORRIS / FMORRIS@STARBULLETIN.COM Gov. Linda Lingle met with people on Kauai yesterday to discuss the plans for the return of the Superferry to Nawiliwili Harbor. More than 1,000 people filled the Kauai Convention Center to speak and listen to testimony. Noelani Josselin, right, screamed in protest during the announcement of the Coast Guard's plans for the ferry's arrival in Nawiliwili.
|
Showdown
Lingle meets with Kauai citizens as Superferry opponents try to drown out officials with booing and jeering
STORY SUMMARY »
The Superferry controversy turned boisterous last night as its opponents on Kauai heckled Gov. Linda Lingle, who was on the island to explain Nawiliwili Harbor security measures.
Superferry supporters shot back with jeers of their own, but both sides remained peaceful.
The purpose of the meeting was to explain the emergency security zones the Coast Guard will put in place when the Superferry returns to Nawiliwili on Wednesday. But Barry Fukunaga, state Department of Transportation director, was barely able to be heard over the chorus of boos and chants of "EIS" (meaning "environmental impact statement") from the audience.
|
On Maui, meanwhile, the president of the Pacific Whale Foundation testified in a court hearing that the Superferry's routes go right through areas populated with humpbacks during their annual migration.
Circuit Judge Joseph Cardoza is hearing testimony as he considers whether the Superferry may operate while an environmental assessment is conducted in accordance with a recent Supreme Court ruling.
FULL STORY »
|
LIHUE » Gov. Linda Lingle was booed and heckled at a meeting held on Kauai last night to explain the Hawaii Superferry's resumption of service to the Garden Isle next week.
But it was not just opponents making angry comments at the Kauai War Memorial Convention Hall last night. More than 150 Superferry supporters -- including Superferry employees and their families flown over from Oahu by the company -- expressed their displeasure with protesters, often heckling anti-Superferry speakers and showing their support for the governor.
The meeting -- which was loud and boisterous but peaceful -- was supposed to explain to the crowd the emergency security zones the Coast Guard will put in place when the Superferry returns to Nawiliwili on Wednesday.
But the governor said in her opening remarks that she would allow the dozens of speakers to express all their thoughts on the Superferry.
A court hearing is scheduled for today so the state can argue for dismissal of a lawsuit seeking an injunction against the sailing of the Superferry's Alakai to Kauai. If that fails, then a hearing will be held Thursday to hear arguments for an injunction.
A Kauai judge has declined to issue a temporary restraining order, but on Maui a circuit judge ruled that the Superferry had to stop operations to Kahului pending a hearing on whether it can operate pending an environmental assessment.
The order came down last month after the state Supreme Court said the state erred in not requiring an environmental assessment for the Superferry.
Last night on Kauai, the crowd of nearly 1,000 people, including more than 100 children, made their feelings known.
People could barely hear Barry Fukunaga, state Department of Transportation director, over the chorus of boos and chants of "EIS" (environmental impact statement) from the audience.
From the opening chant -- performed by a group that included two juveniles arrested at the Aug. 27 protest -- the unruly crowd often gave standing ovations to those who supported their opinions, and booed those who did not.
Charly Andrade, a lifelong resident of Kauai, said she wanted the Superferry to come because she is handicapped, and the Superferry will give her the freedom to get to Oahu on her own.
"I understand the protesters and I understand their feelings," Andrade said. "I'm not sure they understand mine."
The majority of the audience was, however, against the ferry.
A number of speakers said the ferry would be a good idea -- if the proper environmental assessment procedure were followed.
Kauai County Councilwoman JoAnn Yukimura said that while the governor might be following the current letter of the law, the spirit of the environmental protection law and the possibility that the court decision would be overturned should keep the Superferry at the dock.
She asked the governor, "Why, then, has the state fought against doing an EIS on the Superferry from the beginning?"
Lingle countered that there is no law keeping the Superferry from operating, and that it has a right to enter the harbor without duress.
The Superferry was subject to the same procedures that every other business has been subject to, and keeping it from operating would be singling out one company for stricter rules than the rest of those operating in the state.
"I still believe it's an important option for the people of our state to have the opportunity to travel," the governor added.
Kauai residents in the audience said it is the protection of the resources slowly slipping away that is important to them.
Many said they are willing to fight to keep the Superferry away.
Andrea Brower was one of the protesters in the Superferry's way on Aug. 26. She was on a surfboard, surrounded by kids, she said, and lawyers, engineers, landscapers and other members of the community.
People believed so strongly that they lie down in front of cars, she added.
"These are people who have a conviction to stand up," Brower added. "Do you really feel justified threatening these people?"
Thursday, September 20, 2007
HAWAII SUPERFERRY INTERESTS WHO CONTRIBUTED to 2006 Campaign of Gov Lingle, et.al
From: Dick Mayer <dickmayer@earthlink.net>
Date: Sep 20, 2007 12:19 AM
Subject: Superferry contributed to Lingle - BIG Time
To: Dick Mayer <dickmayer@earthlink.net>
Who is at fault for allowing the Hawaii Superferry to get an
"exemption" from Hawaii's environmental laws ? ?
______________________________
Date: Sep 20, 2007 12:19 AM
Subject: Superferry contributed to Lingle - BIG Time
To: Dick Mayer <dickmayer@earthlink.net>
Who is at fault for allowing the Hawaii Superferry to get an
"exemption" from Hawaii's environmental laws ? ?
______________________________
__
HAWAII SUPERFERRY INTERESTS WHO CONTRIBUTED
to 2006 campaign of Gov. Linda LINGLE & Lt Gov AINOA
NAME POSITION
AMOUNT DATE
John Lehman Chairman, Hawaii Superferry
$3,000 (10/06/2006)
Tig Krekel Vice-Chairman, Hawaii Superferry
$3,000 (10/05/2006)
John Garibaldi President, Hawaii Superferry
$2,800 (03/27/2006)
John Garibaldi President, Hawaii Superferry
$1,000 (05/31/2004)
David Cole Board member, Hawaii Superferry $4,000
(07/13/2005)
Margaret Cole (David Cole's wife)
$6,000 (06/28/2005)
Steve Case Major Owner of ML&P, Superferry Investor $3,000 (10/10/2006)
ML&P (Hawaii's major investor in Hawaii Superferry) $1,000
(05/ 12+27 / 2006)
ML&P (Hawaii's major investor in Hawaii Superferry) ($500 to
Aiona) (09/01/2006)
Jeffery Arce Board member, Hawaii Superferry ($2,500
to Aiona) (07/28/2005)
------------------------
TOTAL CONTRIBUTIONS to LINGLE / AIONA => $25,000+
COMPARISON NOTE: Only $500 was contributed to Democratic candidate,
Randy Iwase, by Hawaii these Superferry interests.
Source: http://www.followthemoney.org/database/state_overview.phtml?si=200611
HAWAII SUPERFERRY INTERESTS WHO CONTRIBUTED
to 2006 campaign of Gov. Linda LINGLE & Lt Gov AINOA
NAME POSITION
AMOUNT DATE
John Lehman Chairman, Hawaii Superferry
$3,000 (10/06/2006)
Tig Krekel Vice-Chairman, Hawaii Superferry
$3,000 (10/05/2006)
John Garibaldi President, Hawaii Superferry
$2,800 (03/27/2006)
John Garibaldi President, Hawaii Superferry
$1,000 (05/31/2004)
David Cole Board member, Hawaii Superferry $4,000
(07/13/2005)
Margaret Cole (David Cole's wife)
$6,000 (06/28/2005)
Steve Case Major Owner of ML&P, Superferry Investor $3,000 (10/10/2006)
ML&P (Hawaii's major investor in Hawaii Superferry) $1,000
(05/ 12+27 / 2006)
ML&P (Hawaii's major investor in Hawaii Superferry) ($500 to
Aiona) (09/01/2006)
Jeffery Arce Board member, Hawaii Superferry ($2,500
to Aiona) (07/28/2005)
------------------------
TOTAL CONTRIBUTIONS to LINGLE / AIONA => $25,000+
COMPARISON NOTE: Only $500 was contributed to Democratic candidate,
Randy Iwase, by Hawaii these Superferry interests.
Source: http://www.followthemoney.org/database/state_overview.phtml?si=200611
Wednesday, September 19, 2007
Letter to the Editor: A Genuine win-win Superferry-EIS proposal
A Genuine win-win Superferry-EIS proposal
The Superferry is publicizing it will go into default on its loans if it is not allowed to operate, and thus its boats will be used elsewhere for other revenue generating ventures by its investors (private military contractors mostly).
Here's a novel idea: What if the United States Congress passed a resolution to defer the federal loan payments on the Superferry project, until the Hawai'i Supreme Court affirmed EA/EIS is complete? The unproven Superferry could then remain idle, without financial obligation.
Letting the Superferry operate while an EA/EIS is being done is as unethical as supporting unprotected risky sex practices while an AIDS test is underway. Kaua'i and the other neighbors do not want Russian Roulette being played with our home. Many O'ahu residents still need to understand that.
An act of Congress takes Superferry's publicized financial worry off the table, the neighbor islands get their lawful EA/EIS to have honest safeguards for endangered whales, no mongoose on Kaua'i, traffic, drugs, and cultural issues honestly and thoroughly addressed.
O'ahu residents simply continue to travel by plane as has been done for decades, while knowing their ahonui (patience) is truly expressing aloha for all. A genuine win-win for generations to come.
In Gratitude,
John Tyler
PO Box 76
Anahola HI 96703
808-635-7062
The Superferry is publicizing it will go into default on its loans if it is not allowed to operate, and thus its boats will be used elsewhere for other revenue generating ventures by its investors (private military contractors mostly).
Here's a novel idea: What if the United States Congress passed a resolution to defer the federal loan payments on the Superferry project, until the Hawai'i Supreme Court affirmed EA/EIS is complete? The unproven Superferry could then remain idle, without financial obligation.
Letting the Superferry operate while an EA/EIS is being done is as unethical as supporting unprotected risky sex practices while an AIDS test is underway. Kaua'i and the other neighbors do not want Russian Roulette being played with our home. Many O'ahu residents still need to understand that.
An act of Congress takes Superferry's publicized financial worry off the table, the neighbor islands get their lawful EA/EIS to have honest safeguards for endangered whales, no mongoose on Kaua'i, traffic, drugs, and cultural issues honestly and thoroughly addressed.
O'ahu residents simply continue to travel by plane as has been done for decades, while knowing their ahonui (patience) is truly expressing aloha for all. A genuine win-win for generations to come.
In Gratitude,
John Tyler
PO Box 76
Anahola HI 96703
808-635-7062
Tuesday, September 18, 2007
It's all about Aloha
It's all about Aloha
by Jonathan Jay on 18 September 2007
"It's All about Aloha"
No aloha, no Ferry.
No EIS, no Ferry
No malama Aina, no Ferry
No malama Aina, no AINA!
Does anyone want this?
Do you want this, Governor?
Perhaps this will help you better understand:
When you travel, before you enter someone's yard, first you call out - and wait to be invited in.
Then, you walk of to the front door and knock.
You wait till someone comes to the door, and invites you in.
Then you take off your slippers before enter the home.
This is aloha, this is respect.
Aloha is the way we do things here.
That is what I was taught when I arrived.
Did you miss class that day?
The Ferry has not respected Kaua`i.
You have not respected Kaua`i.
Your Appointees at Hawai`I DOT has not respected Kaua`i.
Kaua`i is our island home. We come from many different walks of life. We come from many different backgrounds. Some of us have been here for a short time, some of us have been herre for almost 2,000 years – but we all have one thing in common – we all love Kaua`i, and we all demand the outcome be pono for Kaua`I, for ALL of Hawai`I Nei – not just the Board of Directors and the Stockholders for the Ferry Corporation. Our interests outweigh their desires for speedy profits. They must FIRST obtain an EIS.
Do not fly here at the last minute of the 11th hour to finally ask if it is OK to come barging into Nawiliwili Harbor next Wednesday with 'Security' so tight it is like wearing muddy combat boots with as you storm into our home. No Aloha, no come. This is no way for a lady to treat Kaua`i.
What is the cost of all this?
Six Thousand signatures -
How dare you ignore our reasonable requests.
How dare you rebuff our Council leaders unanimous voices
How dare you confuse our Mayor with your "Unified Command"
He is our Mayor, not yours - set him free to join his people. You did not vote for him, we did.
He works for Kaua`i, not Linda Lingle.
Let Bryan Baptiste do his job
Let Bryan Baptiste be the Mayor of Kaua`i
When you come to our home with a military flotilla to help shove your boat into our harbor, This is not Aloha.
And you write new laws with the ink still wet and treat us like we are terrorists in our own homeland, this is Terroristic Threatening!
This Rogue behavior is unbecoming to a duly elected Governor
When you work to secure profits for the Ferry Corporation over protecting the interests of the people who elected you into office – and the aina you have sworn to malama, and perpetuate in righteousness… Have you read you oath of office, Governor Lingle!
Where is the Aloha in any of that?
This is your mess Governor Lingle
This is your fault the EIS was not started 2 years ago.
You can not blame anyone else
You said it wasn't needed
you said it wasn't necessary,
you said "Slam dunk mister president"
You were WRONG.
The Supreme Court said so >unanimously<, but now you say they are not the final authority. What?
What is it about 'Supreme' you don't understand?
Why is it so hard for you to respect the rule of laws you didn't re-write to suit yourself? If Hawai`i begins to get the reputation that the 50th State is a bad place to conduct BAD BUSINESS, good for us!
Who do you think you are?
This is your fault this confrontation is escalating
Tell your Unified Command to stand down.
Tell the Coast Guard to 'Guard the Coast'
Tell our Mayor to tell our police to go fight crime
Tell yourself:
The Unified Command can not confront a Unified Community
This is what they do in Authoritarian Regimes
This is State-Sponsored 'Terroristic Threatening'
This is a regime that needs changing.
All of this tension,
All of this struggle
All of this ill-will
does not need to be so.
You have the power
You can shut this all down
You can leave this meeting a hero, and the people of Hawai`i will sing your praises – Hurray for Lingle! Hurray for Lingle!!
You can make history:
It only takes one simple thing
Three simple letters
declare you have seen the light
declare the scales have fallen from your eyes
declare : "I AM SORRY PEOPLE OF HAWAI`I NE"
and support the majoritarian call for an E I S
before Ferry impacts begin.
It is not only the pono thing to do –
It is good politics – Simple lidat.
If you do this, jump on the bandwagon and join the rest of us already on, we will welcome you with Aloha and open arms!
The past will become the past.
Bygones will become bygones.
Some will forgive – many will forget.
Who knows, you may become so popular in Hawai'i, you might one day even be elected Senator.
Stranger things have happened.
Aloha and thank you for coming to Kaua`i.
by Jonathan Jay on 18 September 2007
"It's All about Aloha"
No aloha, no Ferry.
No EIS, no Ferry
No malama Aina, no Ferry
No malama Aina, no AINA!
Does anyone want this?
Do you want this, Governor?
Perhaps this will help you better understand:
When you travel, before you enter someone's yard, first you call out - and wait to be invited in.
Then, you walk of to the front door and knock.
You wait till someone comes to the door, and invites you in.
Then you take off your slippers before enter the home.
This is aloha, this is respect.
Aloha is the way we do things here.
That is what I was taught when I arrived.
Did you miss class that day?
The Ferry has not respected Kaua`i.
You have not respected Kaua`i.
Your Appointees at Hawai`I DOT has not respected Kaua`i.
Kaua`i is our island home. We come from many different walks of life. We come from many different backgrounds. Some of us have been here for a short time, some of us have been herre for almost 2,000 years – but we all have one thing in common – we all love Kaua`i, and we all demand the outcome be pono for Kaua`I, for ALL of Hawai`I Nei – not just the Board of Directors and the Stockholders for the Ferry Corporation. Our interests outweigh their desires for speedy profits. They must FIRST obtain an EIS.
Do not fly here at the last minute of the 11th hour to finally ask if it is OK to come barging into Nawiliwili Harbor next Wednesday with 'Security' so tight it is like wearing muddy combat boots with as you storm into our home. No Aloha, no come. This is no way for a lady to treat Kaua`i.
What is the cost of all this?
Six Thousand signatures -
How dare you ignore our reasonable requests.
How dare you rebuff our Council leaders unanimous voices
How dare you confuse our Mayor with your "Unified Command"
He is our Mayor, not yours - set him free to join his people. You did not vote for him, we did.
He works for Kaua`i, not Linda Lingle.
Let Bryan Baptiste do his job
Let Bryan Baptiste be the Mayor of Kaua`i
When you come to our home with a military flotilla to help shove your boat into our harbor, This is not Aloha.
And you write new laws with the ink still wet and treat us like we are terrorists in our own homeland, this is Terroristic Threatening!
This Rogue behavior is unbecoming to a duly elected Governor
When you work to secure profits for the Ferry Corporation over protecting the interests of the people who elected you into office – and the aina you have sworn to malama, and perpetuate in righteousness… Have you read you oath of office, Governor Lingle!
Where is the Aloha in any of that?
This is your mess Governor Lingle
This is your fault the EIS was not started 2 years ago.
You can not blame anyone else
You said it wasn't needed
you said it wasn't necessary,
you said "Slam dunk mister president"
You were WRONG.
The Supreme Court said so >unanimously<, but now you say they are not the final authority. What?
What is it about 'Supreme' you don't understand?
Why is it so hard for you to respect the rule of laws you didn't re-write to suit yourself? If Hawai`i begins to get the reputation that the 50th State is a bad place to conduct BAD BUSINESS, good for us!
Who do you think you are?
This is your fault this confrontation is escalating
Tell your Unified Command to stand down.
Tell the Coast Guard to 'Guard the Coast'
Tell our Mayor to tell our police to go fight crime
Tell yourself:
The Unified Command can not confront a Unified Community
This is what they do in Authoritarian Regimes
This is State-Sponsored 'Terroristic Threatening'
This is a regime that needs changing.
All of this tension,
All of this struggle
All of this ill-will
does not need to be so.
You have the power
You can shut this all down
You can leave this meeting a hero, and the people of Hawai`i will sing your praises – Hurray for Lingle! Hurray for Lingle!!
You can make history:
It only takes one simple thing
Three simple letters
declare you have seen the light
declare the scales have fallen from your eyes
declare : "I AM SORRY PEOPLE OF HAWAI`I NE"
and support the majoritarian call for an E I S
before Ferry impacts begin.
It is not only the pono thing to do –
It is good politics – Simple lidat.
If you do this, jump on the bandwagon and join the rest of us already on, we will welcome you with Aloha and open arms!
The past will become the past.
Bygones will become bygones.
Some will forgive – many will forget.
Who knows, you may become so popular in Hawai'i, you might one day even be elected Senator.
Stranger things have happened.
Aloha and thank you for coming to Kaua`i.
Saturday, September 15, 2007
Comandant Lingle looks to re-write laws she doesn't like, but shames protesters for upholding the law.
Legislature could save Superferry, Lingle says
image above: Unified Commander Linda Lingle. Image by Juan Wilson. Click on it to enlarge.
by Richard Borreca on 15 September in The Honolulu Star Bulletin
The Hawaii Superferry would be crippled by a court ruling stopping operations pending an environmental study, Gov. Linda Lingle says.
"At some point they have to operate, or they will not be able to survive," Lingle said yesterday in an informal meeting with reporters at the state Capitol.
"If the court on Maui ruled that they could not operate during the entire time the EA (environmental assessment) is being prepared, that would be an important factor in deciding whether or not to have a special session. It would probably be the key factor," Lingle said.
The Supreme Court ruled last month that the state must do an environmental assessment of $40 million in Superferry-related improvements to prepare the harbors in Honolulu, Kahului and Nawiliwili for the 350-foot ship. A Maui judge has blocked trips to the Valley Isle pending hearings on whether the ship can operate while the environmental study is done.
A Kauai judge is also considering a preliminary injunction request to stop trips to the Garden Island.
State officials had previously said no assessment was needed, causing environmentalists to sue.
Lingle and legislators have previously speculated that the Legislature could pass a law allowing the ship to operate while an environmental assessment was being completed.
In its last session, the Senate approved a bill that would have allowed the ferry to run while an environmental impact statement, a more thorough two-year review, was completed. But the bill was not heard by the House.
Superferry officials have declined to say how much longer they can remain in business without revenue.
The ship is expected to resume operation between Honolulu and Kauai on Sept. 26, but ferry officials said they also needed the revenue from Maui to make a profit.
Senate President Colleen Hanabusa said yesterday that she met with Superferry officials Monday and was told that the ferry could continue for only six weeks without paying passengers.
"They told me they have the staying power of a month or a month and a half," she said.
Hanabusa said there has been no agreement about going back into session to adjust state law.
"I have no sense that we were going to do anything in particular and definitely did not have a sense that we would call ourselves back into session," Hanabusa said.
Jeff Mikulina, president of the Hawaii chapter of the Sierra Club , one of three groups that sued to require the environmental assessments, said the state should not exempt the ship.
"It would be shortsighted and inappropriate. It always seems when a company or a developer ignores our law and then gets nailed, the first thing they want to do is change the law," Mikulina said.
[Editor's Note: the following high-lighted material is a truly alarming point of view by the Governor of Hawaii. She is in effect saying that the Hawaiian Supreme Court is not the last recourse in the evaluation of the law. It's actually a popularity contest judged by the Governor herself. This is a prelude to frightening future if Lingle has her way]
Lingle, however, said it is a responsibility of government to make sure that court rulings are acceptable to the public.
"The court is not the last say," Lingle said. "It is the opinion of the court at that time. I don't think anybody should feel that there is anything wrong with the Legislature passing a law to overturn what a court said.
"The court has to interpret the law as it see it, but if it results in something the elected people feel is not in the best interests of the public, it is not just their right, but their responsibility to make it OK," Lingle said.
House members are also undecided about returning for a special session devoted to helping out the Superferry.
House Speaker Calvin Say issued a written statement declining to take a position. "Any comment at this time on a special session for the Superferry is premature. The state administration has not yet contacted me about a special session."
Friday, September 14, 2007
Thursday, September 13, 2007
Superferry rivals, backers regroup
Superferry rivals, backers regroup
STORY SUMMARY »
Gov. Linda Lingle and the Hawaii Superferry are going to Kauai, drawing vows from protesters that they will again try to block the vessel.
Lingle yesterday announced that extensive security preparations have been completed so that the 350-foot, high-speed ferry can travel to Kauai on Sept. 26.
Protesters expressed frustration and worry yesterday at a rally held by groups opposed to the Superferry. Some said they would be back in the water to protest its arrival.
Lingle will hold one or two community meetings on Kauai sometime before the return.
A human chain of protesters blocked the Nawiliwili Harbor channels Aug. 26 and 27. The ferry has been the subject of community protests since 2004, as opponents demanded the ferry be subject to an environmental assessment.
Critics fear the ferry will hit whales and bring invasive species to Maui and Kauai and that the added cars from Oahu visitors will clog and despoil the island's rural lifestyle.
More than 1,000 protested on Kauai. Three were arrested on misdemeanor charges, and the U.S. Coast Guard cleared 20 swimmers from the channel.
State and federal officials are promising strict enforcement of a security zone in Nawiliwili Harbor. Lingle and state Attorney General Mark Bennett passed out a list of 13 state laws and six federal laws that could bring felony jail terms if violated by protesters.
FULL STORY »
|
The battle lines are drawn.
While Gov. Linda Lingle and the Coast Guard yesterday promised a tough new response to any illegal protests against the Hawaii Superferry, opposition groups on Kauai vowed to return in force in the interest of environmental safeguards.
"We will get in the water again," said Andrea Brower, a lifelong Kauai resident who said she was speaking on behalf of protesters who delayed and eventually turned back the ferry last month. "We ask you to hear our voice."
During her news conference yesterday to announce the resumption of service to Kauai, Lingle said she will go to Kauai sometime before the Sept. 26 start date.
Superferry officials said they'll release more details about the ferry service in the near future.
Lingle said she is hoping to meet on Kauai with both opponents and supporters of the ferry.
Sen. Gary Hooser (D, Kauai), who has been critical of the ferry, applauded that decision.
"It is overdue and it is the only way to bring people together," Hooser said. "The people felt they have been ignored and not listened to."
He added that some form of protest is likely to continue while the ferry is operating without an adequate environmental assessment.
"I am confident the people of Kauai will approach this in a law-abiding manner and will look for other, creative means to express their opinions," Hooser said.
The ship's operators started service to Maui on Aug. 26, but Maui Judge Joseph Cardoza banned the ship from Kahului two days later so he could consider arguments over whether the ship can serve the island while the environmental study is being done. The environmental assessment is expected to take up to eight months.
The governor's comments and the news that the Superferry would be returning to the Garden Isle was met with frustration and worry at a rally held in Lihue yesterday by opposition groups.
The rally, held to thank the Kauai County Council for a 2005 resolution asking the state to conduct an environmental impact statement on the Superferry, concluded with a march to the governor's liaison's office and the office of Kauai Mayor Bryan Baptiste.
About 75 people attended the gathering, most of whom were at last month's protests of the Superferry's arrival at Nawiliwili Harbor.
Jimmy Torio told Baptiste that his 11-year-old grandson felt the need to jump in the water at Nawiliwili on Aug. 27.
"When young people don't see leadership, they act," Torio said. "There are 40 more kids prepared to jump in."
Everyone who spoke said they would be back on Sept. 26, or whenever the Alakai tried to return to Nawiliwili.
Jimmy Trujillo, spokesman for Hui-R, said he was in the water last month because "I was compelled to do what is necessary to protect the laws of this state."
Many others agreed, saying it was the Superferry that was breaking state and federal laws, not them.
During a news conference yesterday on Oahu, Coast Guard Rear Adm. Sally Brice-O'Hara admitted her crew wasn't ready for the vehement protests when the Superferry first came to Kauai last month.
"None of us were prepared for that level of passion and determination to halt the Superferry," Brice-O'Hara said. "This was not something we were expecting and we were very measured in our response. These weren't terrorists."
While noting that the Coast Guard understands the demonstrations are "people who want to make a statement," she said the new security zone will be enforced without exception.
"I will tell you we have looked at all the options so that people remain safe but are held accountable if they make the decision to violate the security zone," Brice-O'Hara said.
Nawiliwili's long public jetty fronting the harbor will be closed and other entrances to the harbor will be blocked during the ferry's visit, according to Lingle.
The governor yesterday emphasized that she was concerned that Kauai protesters had allowed children and teens into the water in front of the Superferry.
"Anyone who is planning to recruit children or teenagers to participate in illegal protests could be held liable for child endangerment," Lingle said.
Attorney General Mark Bennett said a team of state prosecutors and investigators, along with county police and prosecutors and the U.S. Justice department, will be on hand to handle arrests if needed.
"People cannot choose which laws they will obey and which ones they will not because of their personal views," Bennett said.
{Mr. Bennett, Please start with your very own Governor and DOT head Bary Fukanaga, who have picked and choosen what they will follow, even when the Supreme Court unanimously told them otherwise....There is absolutely NO credibility to this ha'ole and the Lingle administration....Hawaiian's please note, there are MANY caucasians, including myself who find the lies being told, dispicable of people claiming to be in power. They have very little TRUE power, authentic power.} Malama Pono.
Superferry rivals, backers regroup
To: "Jeff Sacher" <jsacher@kona.net>
Subject: FW: Superferry rivals, backers regroup
Date: Thu, 13 Sep 2007 09:10:56 -1000
"People cannot choose which laws they will obey
and which ones they will not because of their
personal views," Bennett said. But the governor
and DOT can?
The recommendations included the use of high
pressure water cleaning of the undercarriage of
transported vehicles, the vacuuming of vehicles,
and establishment of a dog sniffing team to screen
incoming and outgoing vehicles on the Superferry.
Choices: 1) Trust that HSF will do a complete
job, knowing that their turnaround time will be
greatly increased; 2) Trust that HSF will speed
through the cleaning process in order to stay on
schedule.
Superferry officials currently have a rule that
requires owners to wash their vehicles before
transport. And who will determine which vehicles
are clean enough to board HSF and which are not?
Honolulu Star-Bulletin Thur., Sept.13, 2007
http://starbulletin.com/2007/09/13/news/story01.ht
ml
_____
Superferry rivals, backers regroup
2nd story below>> Expert
<http://starbulletin.com/2007/09/13/news/story01.h
tml#jump> testifies about pest hazards
STORY SUMMARY > Gov. Linda Lingle and the Hawaii
Superferry are going to Kauai, drawing vows from
protesters that they will again try to block the
vessel.
Lingle yesterday announced that extensive security
preparations have been completed so that the
350-foot, high-speed ferry can travel to Kauai on
Sept. 26.
Protesters expressed frustration and worry
yesterday at a rally held by groups opposed to the
Superferry. Some said they would be back in the
water to protest its arrival.
Lingle will hold one or two community meetings on
Kauai sometime before the return.
A human chain of protesters blocked the Nawiliwili
Harbor channels Aug. 26 and 27. The ferry has been
the subject of community protests since 2004, as
opponents demanded the ferry be subject to an
environmental assessment.
Critics fear the ferry will hit whales and bring
invasive species to Maui and Kauai and that the
added cars from Oahu visitors will clog and
despoil the island's rural lifestyle.
More than 1,000 protested on Kauai. Three were
arrested on misdemeanor charges, and the U.S.
Coast Guard cleared 20 swimmers from the channel.
State and federal officials are promising strict
enforcement of a security zone in Nawiliwili
Harbor. Lingle and state Attorney General Mark
Bennett passed out a list of 13 state laws and six
federal laws that could bring felony jail terms if
violated by protesters.
_____
FULL STORY >
art
<http://starbulletin.com/2007/09/13/news/art1a.jpg
>
TOM FINNEGAN / TFINNEGAN@STARBULLETIN.COM
<mailto:TFINNEGAN@STARBULLETIN.COM?subject=http://
starbulletin.com/2007/09/13/>
About 75 people gathered yesterday on Kauai to
implore their politicians to keep the Superferry
from returning to Nawiliwili Harbor without a
study of its effect on the environment.
By Richard Borreca and Tom Finnegan
rborreca@starbulletin.com
tfinnegan@starbulletin.com
The battle lines are drawn.
While Gov. Linda Lingle and the Coast Guard
yesterday promised a tough new response to any
illegal protests against the Hawaii Superferry,
opposition groups on Kauai vowed to return in
force in the interest of environmental safeguards.
"We will get in the water again," said Andrea
Brower, a lifelong Kauai resident who said she was
speaking on behalf of protesters who delayed and
eventually turned back the ferry last month. "We
ask you to hear our voice."
During her news conference yesterday to announce
the resumption of service to Kauai, Lingle said
she will go to Kauai sometime before the Sept. 26
start date.
Superferry officials said they'll release more
details about the ferry service in the near
future.
Lingle said she is hoping to meet on Kauai with
both opponents and supporters of the ferry.
Sen. Gary Hooser (D, Kauai), who has been critical
of the ferry, applauded that decision.
"It is overdue and it is the only way to bring
people together," Hooser said. "The people felt
they have been ignored and not listened to."
He added that some form of protest is likely to
continue while the ferry is operating without an
adequate environmental assessment.
"I am confident the people of Kauai will approach
this in a law-abiding manner and will look for
other, creative means to express their opinions,"
Hooser said.
The ship's operators started service to Maui on
Aug. 26, but Maui Judge Joseph Cardoza banned the
ship from Kahului two days later so he could
consider arguments over whether the ship can serve
the island while the environmental study is being
done. The environmental assessment is expected to
take up to eight months.
The governor's comments and the news that the
Superferry would be returning to the Garden Isle
was met with frustration and worry at a rally held
in Lihue yesterday by opposition groups.
The rally, held to thank the Kauai County Council
for a 2005 resolution asking the state to conduct
an environmental impact statement on the
Superferry, concluded with a march to the
governor's liaison's office and the office of
Kauai Mayor Bryan Baptiste.
About 75 people attended the gathering, most of
whom were at last month's protests of the
Superferry's arrival at Nawiliwili Harbor.
Jimmy Torio told Baptiste that his 11-year-old
grandson felt the need to jump in the water at
Nawiliwili on Aug. 27.
"When young people don't see leadership, they
act," Torio said. "There are 40 more kids prepared
to jump in."
Everyone who spoke said they would be back on
Sept. 26, or whenever the Alakai tried to return
to Nawiliwili.
Jimmy Trujillo, spokesman for Hui-R, said he was
in the water last month because "I was compelled
to do what is necessary to protect the laws of
this state."
Many others agreed, saying it was the Superferry
that was breaking state and federal laws, not
them.
During a news conference yesterday on Oahu, Coast
Guard Rear Adm. Sally Brice-O'Hara admitted her
crew wasn't ready for the vehement protests when
the Superferry first came to Kauai last month.
"None of us were prepared for that level of
passion and determination to halt the Superferry,"
Brice-O'Hara said. "This was not something we were
expecting and we were very measured in our
response. These weren't terrorists."
While noting that the Coast Guard understands the
demonstrations are "people who want to make a
statement," she said the new security zone will be
enforced without exception.
"I will tell you we have looked at all the options
so that people remain safe but are held
accountable if they make the decision to violate
the security zone," Brice-O'Hara said.
Nawiliwili's long public jetty fronting the harbor
will be closed and other entrances to the harbor
will be blocked during the ferry's visit,
according to Lingle.
The governor yesterday emphasized that she was
concerned that Kauai protesters had allowed
children and teens into the water in front of the
Superferry.
"Anyone who is planning to recruit children or
teenagers to participate in illegal protests could
be held liable for child endangerment," Lingle
said.
Attorney General Mark Bennett said a team of state
prosecutors and investigators, along with county
police and prosecutors and the U.S. Justice
department, will be on hand to handle arrests if
needed.
"People cannot choose which laws they will obey
and which ones they will not because of their
personal views," Bennett said.
_____
<http://starbulletin.com/2007/09/13/news/story01.h
tml#top> BACK TO TOP
|
Expert testifies about pest hazards
By Gary T. Kubota
gkubota@starbulletin.com
<mailto:gkubota@starbulletin.com?subject=http://st
arbulletin.com/2007/09/13/>
WAILUKU > An expert in controlling alien pests on
Maui said she doesn't think the Hawaii Superferry
should be allowed to ship soil and rocks.
Teya Penniman said she personally feels soil and
rocks could contain invasive species that would be
harmful to Maui, since some of the pests are not
found on the Valley Isle or are found in far fewer
numbers.
Penniman, manager of the Maui Invasive Species
Committee, testified yesterday on the third day of
a Circuit Court hearing to determine if the
Superferry should be allowed to operate while
preparing an environmental assessment.
The Superferry's regular operations at Kahului
Harbor have been halted since Aug. 28, pending the
outcome of the hearing before Judge Joseph
Cardoza. The hearing continues at 10 a.m. today.
Penniman's remarks came on the heels of testimony
Tuesday by Randy Awo, Maui County chief of state
conservation enforcement, that about 900 rocks
that could have been used as cooking stones for an
imu were found Friday in three pickup trucks in
the parking lot of the Superferry at Kahului
Harbor.
The rocks, determined to have come from Paukukalo,
a community on Kahului Bay, apparently were loaded
for transport back to Oahu. They were seized by
state conservation enforcement officials.
Outside the courtroom, some native Hawaiians said
the taking of the cooking rocks was a breach in
cultural traditions and added to their worries
about the Superferry's impact.
Leslie Kuloloio, a native Hawaiian cultural
specialist, said in Hawaiian tradition, every
island is supposed to take care of its own
resources and not take from other islands.
Terry O'Halloran, director of business development
for the Hawaii Superferry, said the firm will be
taking a closer look at the transport of rocks and
has plans to conduct a risk assessment as it
operates in Hawaii waters.
"We've never said we'd never do that," he said.
O'Halloran said state public utility rules forbid
the transport of soil unless the owner can provide
a permit.
During the court hearing, Penniman warned that
there were alien species that could spread to Maui
from other islands, including the Big Island's
fire ant.
Penniman said coqui frogs are found across a span
of 100,000 acres on the Big Island and far fewer
acres on Maui.
She said she feared vehicles carried by the
Superferry will help spread coqui frogs and the
seeds of such alien plants as pampas grass.
Penniman said the state and counties lose hundreds
of millions of dollars each year because of
destruction caused by alien species that have
established themselves in the islands, including
the loss of markets due to alien fruit flies.
She said the islands are facing new threats from
gall wasps and stinging caterpillars.
Penniman said she felt that the Superferry should
not operate while conducting an environmental
assessment unless it adopts a number of procedures
suggested in her prior exchanges with its
officials.
The recommendations included the use of high
pressure water cleaning of the undercarriage of
transported vehicles, the vacuuming of vehicles,
and establishment of a dog sniffing team to screen
incoming and outgoing vehicles on the Superferry.
Superferry officials currently have a rule that
requires owners to wash their vehicles before
transport.
_________________________________________________________________
Share your special parenting moments!
An eloquent statement from Kaua'i Senator Gary Hooser
An eloquent statement from Kauai Senator Gary Hooser (from his journal).
Wednesday, September 12, 2007
A response to those with a contrary opinion
Aloha,
Thank you for taking the time to write to me your thoughts and concerns regarding the issue of the Hawaii Superferry. Please know that I respect and honor your perspective on this very important matter.
I also greatly appreciated the opportunity to explain my feelings and thoughts.
The fundamental issue is one of supporting existing law. The Hawaii Supreme Court has ruled that the Department of Transportation (DOT) must conduct an Environmental Assessment on the harbor improvements and resulting impacts that will occur as a result of the Hawaii Superferry operations.
It would be inappropriate for me to support any other position as the Constitution requires me to swear an oath to this effect.
With regards to the protests held recently at Nawiliwili: I would like to be absolutely clear that while I support the right of people to protest and to fully exercise their right to free speech, I do not condone nor support the physically aggressive, illegal and inappropriate behavior of any protester.
It is also important to note that the Hawaii Supreme Courts position on this matter is similar to a position that many in our community have advocated over the past two years - including the County Councils on Kauai, Maui and the Big Island of Hawaii, numerous state legislators and thousands of individual citizens. This is not as some would suggest, a last minute effort to block the Hawaii Superferry.
Governor Lingle and the DOT have steadfastly refused to acknowledge their error in judgment which was pointed out by the Hawaii Supreme Court. Instead, they have repeatedly misrepresented the facts of the situation, claiming that the Hawaii Superferry is being singled out for unfair and unequal treatment.
If you have a moment I strongly encourage you to read a recent article in the Honolulu Advertiser entitled "Hawaii Ferry Not Singled Out" http://the.honoluluadvertiser.com/article/2007/Sep/09/ln/hawaii709090361.html . This well researched article refutes the Hawaii Superferry and the DOT's repeated claim that the Superferry has somehow been treated differently. This article shows clearly that Matson and the Cruise ships have in fact had to undergo environmental assessments when they also used public money for harbor improvements. The Governor and the DOT claim of unfair treatment is simply not true.
Another unfortunate Superferry incident is also described in today's Honolulu Advertiser which you can read here: http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20070912/NEWS01/709120411
It seems that on the first day of operation, 3 people took their pickup trucks from Honolulu to Maui on the Superferrry and loaded them up with river rock stolen from a nearbye stream intending to take the rocks back to Honolulu perhaps for imu pits or rock wall construction. The risk of excessive harvesting on Kauai and Maui of opihi, limu, maile and many other items considered rare and hard to get on Oahu is a real and valid concern that needs to be thoroughly addressed.
The reason our state is in the difficult position it is in today with regards to the Hawaii Superferry, is because the DOT tried to short-cut the public review process and refused to listen and act on community sentiment that was solidly based on existing law. If the DOT had chosen to act more prudently and follow the same process with the Hawaii Superferry as is presently required of many other businesses, there would have been no Hawaii Supreme Court decision, no protests, no negative feelings in the community - and in all likelihood the Hawaii Superferry would now be operating its business as planned, albeit with environmental protections and mitigating factors in place.
In any case, I am hopeful that the above information might be helpful, and perhaps better explain my position with regards to this issue.
Thank you again for taking the time to write and to share with me your thoughts and concerns. Please do not hesitate to contact me again in the future if you would like to discuss this or any issue in perhaps greater detail.
Sincerely, gh
Aloha,
Thank you for taking the time to write to me your thoughts and concerns regarding the issue of the Hawaii Superferry. Please know that I respect and honor your perspective on this very important matter.
I also greatly appreciated the opportunity to explain my feelings and thoughts.
The fundamental issue is one of supporting existing law. The Hawaii Supreme Court has ruled that the Department of Transportation (DOT) must conduct an Environmental Assessment on the harbor improvements and resulting impacts that will occur as a result of the Hawaii Superferry operations.
It would be inappropriate for me to support any other position as the Constitution requires me to swear an oath to this effect.
With regards to the protests held recently at Nawiliwili: I would like to be absolutely clear that while I support the right of people to protest and to fully exercise their right to free speech, I do not condone nor support the physically aggressive, illegal and inappropriate behavior of any protester.
It is also important to note that the Hawaii Supreme Courts position on this matter is similar to a position that many in our community have advocated over the past two years - including the County Councils on Kauai, Maui and the Big Island of Hawaii, numerous state legislators and thousands of individual citizens. This is not as some would suggest, a last minute effort to block the Hawaii Superferry.
Governor Lingle and the DOT have steadfastly refused to acknowledge their error in judgment which was pointed out by the Hawaii Supreme Court. Instead, they have repeatedly misrepresented the facts of the situation, claiming that the Hawaii Superferry is being singled out for unfair and unequal treatment.
If you have a moment I strongly encourage you to read a recent article in the Honolulu Advertiser entitled "Hawaii Ferry Not Singled Out" http://the.honoluluadvertiser.com/article/2007/Sep/09/ln/hawaii709090361.html . This well researched article refutes the Hawaii Superferry and the DOT's repeated claim that the Superferry has somehow been treated differently. This article shows clearly that Matson and the Cruise ships have in fact had to undergo environmental assessments when they also used public money for harbor improvements. The Governor and the DOT claim of unfair treatment is simply not true.
Another unfortunate Superferry incident is also described in today's Honolulu Advertiser which you can read here: http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=/20070912/NEWS01/709120411
It seems that on the first day of operation, 3 people took their pickup trucks from Honolulu to Maui on the Superferrry and loaded them up with river rock stolen from a nearbye stream intending to take the rocks back to Honolulu perhaps for imu pits or rock wall construction. The risk of excessive harvesting on Kauai and Maui of opihi, limu, maile and many other items considered rare and hard to get on Oahu is a real and valid concern that needs to be thoroughly addressed.
The reason our state is in the difficult position it is in today with regards to the Hawaii Superferry, is because the DOT tried to short-cut the public review process and refused to listen and act on community sentiment that was solidly based on existing law. If the DOT had chosen to act more prudently and follow the same process with the Hawaii Superferry as is presently required of many other businesses, there would have been no Hawaii Supreme Court decision, no protests, no negative feelings in the community - and in all likelihood the Hawaii Superferry would now be operating its business as planned, albeit with environmental protections and mitigating factors in place.
In any case, I am hopeful that the above information might be helpful, and perhaps better explain my position with regards to this issue.
Thank you again for taking the time to write and to share with me your thoughts and concerns. Please do not hesitate to contact me again in the future if you would like to discuss this or any issue in perhaps greater detail.
Sincerely, gh
Wednesday, September 12, 2007
For Immediate Release: September 12, 2007
GOVERNOR LINGLE STRESSES PUBLIC SAFETY IN SUPERFERRY’S RESUMPTION OF SERVICE TO KAUA‘I
HONOLULU – Governor Linda Lingle today announced today that the Hawai‘i Superferry will resume service to Kaua‘i starting Wednesday, September 26 on a temporary daylight schedule. The Governor also stressed that federal, state and county law enforcement agencies will strictly enforce a temporary security zone established at Nāwiliwili Harbor by the United States Coast Guard.
Today’s announcement follows extensive planning by Governor Lingle, Mayor Bryan Baptiste, the U.S. Coast Guard, state Departments of Public Safety, Transportation and Land and Natural Resources, Attorney General’s Office, Kaua‘i 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 Hawai‘i Superferry service to Kaua‘i focused on public safety, first and foremost,” said Governor Lingle. “We believe the plan will protect public safety, recognize Hawai‘i 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 added.
Governor Lingle also 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 Sept. 26, Governor Lingle and state, county and federal partners are planning to visit Kaua‘i to meet with the public regarding the plan for the return of Superferry service to Līhu‘e. 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.
####
For more information, contact:
Lenny Klompus
Senior Advisor – Communications
Phone: (808) 586-7708
Russell Pang
Chief of Media Relations
Phone: (808) 586-0043
Tuesday, September 11, 2007
{Kaua'i} Never Conquered
Haleakala Times September 11, 2007
http://www.haleakalatimes.com/news/story2642.aspx
Never Conquered
Kauai shows courage in the face of political conspiracy
I applaud the people of Kaua'i whose courageous nonviolent resistance
temporarily halted the Hawaii Superferry. Like its invasive
cousins, the Stryker Brigade and the UARC, the Superferry is a
manifestation of the dangerous military industrial complex that
President Eisenhower gravely warned against.
Let's be clear about the persons and interests that are behind the
Hawaii Superferry.
The Board of Directors of the Hawaii Superferry reads like a roster
of revolving door ex-military officials. Most notably, the Chair of
the Superferry is John F. Lehman, former Secretary of the Navy and
founder of the investment firm JF Lehman, a company that specializes
in investing in military industries with a controlling interest in
the Superferry.
Lehman is associated with the Heritage Foundation, the notorious
Right Wing think tank, whose intellectual and political descendants
include the anti-Hawaiian Grassroots Institute, Pacific Legal
Foundation and Aloha for All. He is also associated with the
Project for a New American Century, the folks that cooked up the
illegal and catastrophic occupation of Iraq and a blueprint for U.S.
Empire (well, they euphemistically called it "Pax Americana").
Lehman proudly announced that the Hawaii Superferry would partner
with the military as a "Westpac Express" to shuttle Strykers and
other military personnel and equipment between islands and beyond.
The first Westpac Express was a contract between the U.S. military
and the Austal Corporation, makers of the Superferry, to move U.S.
military personnel and equipment around Australia and Southeast Asia.
According to testimony from Sean Connaughton, Maritime Administrator
of the U.S. Department of Transportation before the House
Subcommittee on Seapower and Expeditionary Forces of the Armed
Services Committee (March 15, 2007), U.S. taxpayers subsidized $140
million of the $180 million price tag for two Superferries through
Title XI loan guarantees.
While there is plenty of blame to go around for the Superferry
fiasco, the real source of the problem may lie in the mysterious
condition of this loan guarantee that there be no environmental
impact statement. Why would the federal government use such coercion
of the purse to prevent the state from following its own laws,
especially under a program that the Bush administration does not
believe in?
Sean Connaughton, Administrator of MARAD testified before Congress
(March 15, 2007) that the agency had not requested Title XI loan
guarantees since 2001 because it viewed the program as a corporate
subsidy.
However through Congressional appropriations (i.e. earmarks) MARAD
funded a number of loan guarantees, the most recent of which was the
Superferry.
So let's follow the money. How were the funds for the Superferry
loan guarantee appropriated? And what strings were attached to the
money in that legislation? What promises or assurances were made to
ease its passage?
Could Connaughton's surprisingly alarmist declaration last week in
the Maui court that "the military readiness of the Nation could be
diminished if the ALAKAI is precluded from sustaining normal
commercial operations" be a clue to the deals made to clinch the
Superferry?
Connaughton said that "Although the Administration has not requested
funding for new loan guarantees since 2001, Congress has periodically
appropriated money for this purpose." He seemed to suggest that the
Superferry was another pork barrel earmark project.
Like the Strykers and the UARC, the Superferry is a conspiracy by
politicians, the military and corporations to impose their profit and
military driven agendas on Hawai'i over the opposition of affected
communities and regardless of the ultimate costs, consequences and
impacts.
Kauai's powerful assertion of their right to protect their island
from invasive and destructive forces is a gift to Hawai'i and
demonstrates why Kaua'i was never conquered.
Kyle Kajihiro
http://www.haleakalatimes.com/news/story2642.aspx
Never Conquered
Kauai shows courage in the face of political conspiracy
I applaud the people of Kaua'i whose courageous nonviolent resistance
temporarily halted the Hawaii Superferry. Like its invasive
cousins, the Stryker Brigade and the UARC, the Superferry is a
manifestation of the dangerous military industrial complex that
President Eisenhower gravely warned against.
Let's be clear about the persons and interests that are behind the
Hawaii Superferry.
The Board of Directors of the Hawaii Superferry reads like a roster
of revolving door ex-military officials. Most notably, the Chair of
the Superferry is John F. Lehman, former Secretary of the Navy and
founder of the investment firm JF Lehman, a company that specializes
in investing in military industries with a controlling interest in
the Superferry.
Lehman is associated with the Heritage Foundation, the notorious
Right Wing think tank, whose intellectual and political descendants
include the anti-Hawaiian Grassroots Institute, Pacific Legal
Foundation and Aloha for All. He is also associated with the
Project for a New American Century, the folks that cooked up the
illegal and catastrophic occupation of Iraq and a blueprint for U.S.
Empire (well, they euphemistically called it "Pax Americana").
Lehman proudly announced that the Hawaii Superferry would partner
with the military as a "Westpac Express" to shuttle Strykers and
other military personnel and equipment between islands and beyond.
The first Westpac Express was a contract between the U.S. military
and the Austal Corporation, makers of the Superferry, to move U.S.
military personnel and equipment around Australia and Southeast Asia.
According to testimony from Sean Connaughton, Maritime Administrator
of the U.S. Department of Transportation before the House
Subcommittee on Seapower and Expeditionary Forces of the Armed
Services Committee (March 15, 2007), U.S. taxpayers subsidized $140
million of the $180 million price tag for two Superferries through
Title XI loan guarantees.
While there is plenty of blame to go around for the Superferry
fiasco, the real source of the problem may lie in the mysterious
condition of this loan guarantee that there be no environmental
impact statement. Why would the federal government use such coercion
of the purse to prevent the state from following its own laws,
especially under a program that the Bush administration does not
believe in?
Sean Connaughton, Administrator of MARAD testified before Congress
(March 15, 2007) that the agency had not requested Title XI loan
guarantees since 2001 because it viewed the program as a corporate
subsidy.
However through Congressional appropriations (i.e. earmarks) MARAD
funded a number of loan guarantees, the most recent of which was the
Superferry.
So let's follow the money. How were the funds for the Superferry
loan guarantee appropriated? And what strings were attached to the
money in that legislation? What promises or assurances were made to
ease its passage?
Could Connaughton's surprisingly alarmist declaration last week in
the Maui court that "the military readiness of the Nation could be
diminished if the ALAKAI is precluded from sustaining normal
commercial operations" be a clue to the deals made to clinch the
Superferry?
Connaughton said that "Although the Administration has not requested
funding for new loan guarantees since 2001, Congress has periodically
appropriated money for this purpose." He seemed to suggest that the
Superferry was another pork barrel earmark project.
Like the Strykers and the UARC, the Superferry is a conspiracy by
politicians, the military and corporations to impose their profit and
military driven agendas on Hawai'i over the opposition of affected
communities and regardless of the ultimate costs, consequences and
impacts.
Kauai's powerful assertion of their right to protect their island
from invasive and destructive forces is a gift to Hawai'i and
demonstrates why Kaua'i was never conquered.
Kyle Kajihiro
Feds say they did NOT demand Superferry environmental exemption
Feds say they did NOT demand
Superferry environmental exemption
Sep 6, 2007
By Gina Mangieri http://www.khon2.com/news/local/9637577.html
The U.S. Maritime Administration says it did not demand environmental exemption in order to back the Hawaii Superferry's loan. In a recent letter, Gov. Linda Lingle told state Sen. Gary Hooser that the Maritime Adminsitration placed such a condition on the loan.
But the head of the administration, Sean Connaughton, says that was not the case. Connaughton says the maritime agency only wanted proof of the state and Superferry's prior claims that the harbor improvements could be exempted from review. "Obviously the vessel has to meet every environmental requirement," Connaughton said. "The vessel and the operations do have to meet whatever applicable standards that may exist."
In the 2005 loan guaranty, the Maritime Administration stated "all the governmental and environmental clearances" had to be met, including "confirmation that there is no need for an environmental assessment of the port facilities." The agency says that does not constitute a demand to avoid environmental review.
Sep 6, 2007
By Gina Mangieri http://www.khon2.com/news/local/9637577.html
The U.S. Maritime Administration says it did not demand environmental exemption in order to back the Hawaii Superferry's loan. In a recent letter, Gov. Linda Lingle told state Sen. Gary Hooser that the Maritime Adminsitration placed such a condition on the loan.
But the head of the administration, Sean Connaughton, says that was not the case. Connaughton says the maritime agency only wanted proof of the state and Superferry's prior claims that the harbor improvements could be exempted from review. "Obviously the vessel has to meet every environmental requirement," Connaughton said. "The vessel and the operations do have to meet whatever applicable standards that may exist."
In the 2005 loan guaranty, the Maritime Administration stated "all the governmental and environmental clearances" had to be met, including "confirmation that there is no need for an environmental assessment of the port facilities." The agency says that does not constitute a demand to avoid environmental review.
Monday, September 10, 2007
Kauai residents want to protect island, JoAnn Yukimura, Kaua'i County Council
COMMENTARY
Kauai residents want to protect island
By JoAnn A. Yukimura
| |
Two and a half years ago, the Kaua'i County Council unanimously passed Resolution 2005-15 stating that it was the council's intention not to stop the Hawaii Superferry, but "to protect the land and people of Kaua'i against degradation of the environment and social fabric by encouraging a proper planning process that would prevent or mitigate possible negative impacts ... "
The council went on to request that the state Department of Transportation Harbors Division require an EIS prior to Superferry operation, or that the Superferry "itself voluntarily engage in such a process and live out its commitment to responsible planning and socially conscious corporate action."
In the 1960s, people began to realize that when we overlooked or ignored environmental factors (which now includes cultural and social factors), we would often hurt ourselves, others or our community — often unintentionally, often out of ignorance. For example, DDT was used to kill vermin and mosquitoes to stop disease or harmful insects, but it entered the food chain and ended up killing useful species and contaminating mothers' breast milk.
Furthermore, we would often overlook ways in which we could lessen negative impacts and make the project much better and less harmful. The National Environmental Protection Act and the Hawai'i Environmental Protection Act (the federal and state EIS laws, respectively) were passed to correct this.
This is what many Kaua'i people are requesting — decisionmaking that considers and mitigates for environmental impacts that could harm our land, people, culture, tourism industry or economy. The Superferry is the only form of interisland travel that would allow drive-on/drive-off travel, and that has huge implications in terms of invasive species, drugs and stolen goods, overloading of our parks and depletion of cultural resources such as fish, limu and maile.
For example, a coqui frog invasion would severely damage visitor and real-estate industries. Other invasive species (miconia, fireweed, bee mites) could cause even worse environmental and economic damage. As New Zealand has shown, there are ways to greatly minimize the risk of invasive species, and such practices should be a condition of any Public Utilities Commission or DOT permission for operation. This is the value of the EIS process.
Why would people from O'ahu (or other visitors) want to visit Kaua'i if we were just like Honolulu?
Our wealth as a state lies in our diversity. That is why we are trying to keep Kaua'i Kaua'i.
Furthermore, O'ahu's infrastructure is designed to accommodate a million people; our infrastructure on Kaua'i is not built for large numbers. So we on Kaua'i need to assess the effect of an "H-4" highway to Kaua'i and either prepare for large numbers or say "no."
The Superferry would like everyone to think that few Kauaians oppose the Superferry without an EIS. As one who has the privilege of representing the people of Kaua'i, I can tell you that the opposition to Superferry without an EIS runs deep. It includes insurance agents, government workers, tourism industry people, ministers, Realtors, teachers, business people, lawyers, physicians, students and many others.
There are those, of course, who welcome Superferry with open arms, and I respect and honor them. But those opposing the Superferry on Kaua'i are not a small minority. Most who oppose the ferry simply want to protect the place that they love. Most rightfully shun and condemn violence. All want our government to uphold the law not only against protesters but in regard to the Superferry.
The Hawai'i Supreme Court has issued a well-reasoned decision on the state's EIS law. It is clear to me to me that the EIS law covers Nawiliwili Harbor and that a proper environmental review needs to be done before Superferry operations can legally take place.
However, if there is any doubt, the governor and the mayor, who have sworn to uphold the law, should take the initiative to seek legal clarification of the law before allowing the Superferry to operate into our harbor.
To use the force of government —the Coast Guard and the police — to allow the Superferry to proceed into Nawiliwili Harbor without first obtaining such a legal determination would be a dismal failure of leadership that would put our people at terrible risk.
Mayor Bryan Baptiste and Gov. Linda Lingle have the power to keep people safe without using the police or Coast Guard by convincing Superferry managers to seek a clear statement of the law before operating.
If the safety of our people (Superferry passengers and employees, police and Coast Guard personnel and protesters) is paramount, let's settle this issue in the courts and not on the waters.
JoAnn A. Yukimura is a Kaua'i county councilmember and former mayor of Kaua'i. She wrote this commentary for The Advertiser.
Saturday, September 8, 2007
Superferry potential disaster infor for Big Island
for Big Island
Fyi,
janice
------ Forwarded Message
From: Three Ring Ranch
<animals@threeringranch.org>
Subject: Superferry potential disaster infor for
Big Island
Aloha,
The Big Island is now the last place on earth that
queen bees are safely bred free of the veroa mite
and the virus that is killing the majority of wild
bee hives in the United States and rest of the
world. No other place can supply queen bees to
repopulate hives which are required to pollinate
our food supply. People are not seeing the big
picture about Superferry. IF autos that might
contain even one infected bee arrive on the island
the breeding colonies for queens will be put at
risk. The mite is aggressive and now considered by
the Dept of Ag to be widespread on Oahu and Maui.
Please consider getting the word out ASAP that any
and all transport of autos on a rapidly moving
barge will permit the bees to get to the Big
Island. This is a matter for every person in the
country who likes to eat!
Regards,
Ann Goody RN PhD
Culprit found in billions of bee deaths?
By Sandy Bauers
The Philadelphia Inquirer
PREV <javascript:ChangeImage('-');> of NEXT
<javascript:ChangeImage('+');>
<javascript:PopoffWindow('2003873010','750','675',
'http://seattletimes.nwsource.com/ABPub/zoom/html/
2003873010.html','yes','no');
<http://seattletimes.nwsource.com/ABPub/zoom/html/
2003873010.html','yes','no');>> >
<javascript:PopoffWindow('2003873010','750','675',
'http://seattletimes.nwsource.com/ABPub/zoom/html/
2003873010.html','yes','no');
<http://seattletimes.nwsource.com/ABPub/zoom/html/
2003873010.html','yes','no');>> >
DEAN RUTZ / THE SEATTLE TIMES
These bees were delivered to cranberry growers in
Long Beach to pollinate spring blooms. Bees are
required to pollinate about one-third of the
nation's food crops.
Related
* Archive | Bees' demise may imperil crops
<http://archives.seattletimes.nwsource.com/cgi-bin
/texis.cgi/web/vortex/display?slug=bees05&date=200
70505>
<http://archives.seattletimes.nwsource.com/cgi-bin
/texis.cgi/web/vortex/display?slug=bees05&date
=20070505>
* Archive | Mystery spurs bizarre theories,
stinging rebuttals
<http://archives.seattletimes.nwsource.com/cgi-bin
/texis.cgi/web/vortex/display?slug=beerapture05&da
te=20070505>
<http://archives.seattletimes.nwsource.com/cgi-bin
/texis.cgi/web/vortex/display?slug=beerapture05&am
p;date=20070505>
PHILADELPHIA - Researchers have fingered a prime
suspect in a disorder causing massive die-offs of
honeybees, insects with the monumental job of
pollinating $14.6 billion worth of the nation's
fruit and vegetable crops annually.
After freezing bees, grinding them up, extracting
the DNA and using genetic sequencing to identify
every organism present, researchers have settled
upon a little-known virus discovered three years
ago in Israel.
There, symptoms of a mysterious bee malady came in
the form of shivering wings. The bees became
paralyzed and died. Thus the name: Israeli acute
paralysis virus, or IAPV.
Researchers aren't sure how the virus got to the
United States. They don't know how to cure it. Nor
do they know if it alone can account for colony
collapse disorder, which has killed tens of
billions of bees since last fall.
Beekeepers, scientists and public officials have
been searching for the cause of the disorder,
which surfaced in 2004 and was formally recognized
last year.
If scientists can prove the viral infection is
helping cause the die-offs, it could clear the way
for beekeepers to breed colonies genetically
resistant to the disease.
At stake is the food on the nation's tables.
Bees are required to pollinate about one-third of
the nation's food crops, including almonds,
cherries, blueberries, cranberries, pears,
strawberries and pumpkins. California's almonds
alone require about 50 percent of all the managed
bees in the country; the insects are loaded onto
tractor-trailers and trucked west every winter.
"What we have at present is a marker. We do not
think IAPV alone is causing this disease," said W.
Ian Lipkin, director of the Center for Infection
and Immunology at Columbia University's Mailman
School of Public Health. "It may require IAPV plus
other stressors," such as mites, bacteria or other
viruses.
What researchers do know is that IAPV was present
in bees that had succumbed to the new disorder and
that it was not present in healthy bees.
"The only candidate that was left standing at the
end of this rigorous analysis was, in fact, IAPV,"
said Lipkin, one of a team of researchers led by
Pennsylvania State University entomologist Diana
Cox-Foster and the U.S. Department of
Agriculture's Jeffrey Pettis.
Their findings were published in Thursday's online
edition of the journal Science.
Entomologist May Berenbaum, of the University of
Illinois, said the findings were "compelling."
But researchers from the U.S. Army's Edgewood
Chemical Biological Center in Maryland cautioned
that they had unpublished results in which they
found the Israeli virus in colonies that did not
experience colony collapse disorder.
By now, the ailment has affected 23 percent of
commercial colonies, causing losses of 50 to 90
percent of their bees.
Perhaps just as important as ruling in IAPV,
researchers were able to rule out other potential
causes of the collapsing colonies - from wilder
theories, such as disorientation because of
cellphone towers, to more probable ones, such as
genetically modified crops and pesticides.
Pesticides aren't entirely off the hook, however.
Researchers think they could stress a bee, making
it more vulnerable to a virus.
The genetic technique involved extracting all the
genetic material from the bees and running it
through an instrument that can "sequence" - or
read the letters and patterns of genetic code -
100 million letters at a time.
The instrument then compares the genetic sequences
in the sample with those of known organisms
compiled in a massive international database known
as GenBank.
With the new equipment, what would have taken
years, "we literally do in days," said Michael
Egholm, vice president of research and development
at 454 Life Sciences, the Connecticut company that
did the sequencing.
In effect, identifying what organisms are there
and ruling out ones that are not gives biologists
a short list of suspects.
"To use the analogy of a crime," Egholm said,
"they know who was present at the scene, they just
don't know who is the murderer."
Lipkin said this and other new technologies have
the potential to revolutionize epidemiology and
the investigation of infectious-disease outbreaks
among humans.
He said that if similar techniques had been
applied to the SARS outbreak in 2003, they could
have yielded a viral suspect "in as short as a
week."
Typically, "we consider one candidate," he said in
a teleconference the researchers held Wednesday.
But with the new sequencing, "you simply ask
what's present," he said. "We have the opportunity
... to investigate everything that might be
associated with a given disease."
Scientists want to try to infect a healthy colony
with IAPV to see if the bees die, and they want to
learn more about how IAPV works.
Does it merely disorient the bees, making them
unable to find their way back to the hive? Or do
the bees sicken and then fly off to die, perhaps
as a complex protective mechanism for the whole
colony?
Researchers also are interested in a group of
Israeli bees that may have become resistant to
IAPV after incorporating some of the virus'
genetic material into their own.
For now, U.S. officials have not shut the nation's
doors to two potential avenues of IAPV: "packets"
of bees from Australia used to bolster U.S.
populations, and royal jelly from China used as a
nutrition supplement. For all they know, IAPV
arrived some other way.
Three Ring Ranch Exotic Animal Sanctuary
Kona, Hawaii
Ann Goody, Curator
www.threeringranch.org
<http://www.threeringranch.org/>
<http://www.threeringranch.org/>
------ End of Forwarded Message
_________________________________________________________________
More photos; more messages; more whatever. Windows Live Hotmail - NOW with
5GB storage.
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Friday, September 7, 2007
Kaua'i TRO denied
KAUAI Breaking News
Kaua'i TRO denied
By The Garden Island
Fifth Circuit Judge Randal Valenciano today denied a petition for a
temporary restraining order to bar Hawaii Superferry service to
Nawiliwili Harbor.
The decision set a hearing at 9 a.m. Sept. 17 for the
petitioner's motion for a preliminary injunction to prohibit the
Superferry from operating until the state conducts an environmental
assessment.
Attorneys Dan Hempey and Greg Meyers representing 1,000 Friends
of Kaua'˜i, an environmental group filed for the
restraining order Tuesday to try to prevent the Alakai
from servicing Kauai until the more extensive preliminary
injunction hearing.
_________________________________________________________________
Test your celebrity IQ. Play Red Carpet Reveal and earn great prizes!
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Thursday, September 6, 2007
Superferry: Bad for local construction tradesmen, fi
Superferry: Bad for local construction tradesmen, fishermen, AND the
environment
Date: Fri, 07 Sep 2007 02:22:38 -0000
environment
Date: Fri, 07 Sep 2007 02:22:38 -0000
Pass it on-- many local work trades will be adversely affected by
Superferry...
What Superferry would mean to Neighbor Island Businesses
excerpt from New York Times article
September 5, 2007
Hawaii Ferry Sits Idle Amid Protests and Court Rulings
<http://www.nytimes.com/2007/09/05/us/05ferry.html?_r=2&oref=slogin&oref\
=slogin>
By CHRISTOPHER PALA
In addition, the ferries threaten many local businesses, said James H.
Wright, a corporate lawyer and longtime observer of Hawaii’s
economy, like the inter-island shipping company, three local airlines
and car rental companies. “It will also change the dynamics of
nonunion trades,†Mr. Wright said. “Now, it’s more
expensive to get work like roofing or plumbing done in the neighbor
islands. But with the Superferry, Oahu tradesmen will be able to take
their trucks on the ferry and undercut the locals.†The
Superferry will also carry S.U.V.’s and trailered boats, allowing
Oahu fishermen frustrated by the island’s depleted waters to gain
access to the richer grounds of Maui and Kauai â€" to the
discontent of local fisherman. Those boats might also involuntarily
carry bits of Eucheuma seaweed, which is devastating Oahu’s
biggest bay, to the neighboring islands.
_________________________________________________________________
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Tuesday, September 4, 2007
US Coast Guard's unilateral action sounds a lot like Martial Law
---------- Forwarded message ----------
From: Keone Kealoha <keone@nuvistamedia.com>
Date: Sep 4, 2007 1:50 PM
Subject: US Coast Guard's unilateral action sounds a lot like Martial Law
To: nunyabus nunyabus <inunyabus@gmail.com>, K Taylor < taylork021@hawaii.rr.com>, John Tyler <mysticseaswimmer@gmail.com>, juanwilson@earthlink.com, Daniel Hempey < hemplaw@hawaiiantel.net>
Contacted the USCG's Section 14 (Pacific area) Legal Section for two documents:
1. The Policy that outlines the "Emergency Rule" including the parameters surrounding that
2. The specific "Emergency Rule" issued by Adm. Brice-O'hare re: Nawiliwili Harbor that created the new "security zone"
I was told the request was in and would be answered today. We'll see. Please feel free to request the same.
Background:
Adm. Brice-O'hare has issued an "Emergency Rule" that supercedes any other laws re: the use of Nawiliwili Harbor. There are questions surrounding the USCG's ability to issue such a rule simply for a commercial ferry, rather then for national security and/or military related activities. This rule was stated by USCG Capt. Atkins in the Mayor's Monday meeting to be used "indefinitely" or until the protests cease and "calm" is restored.
Any information you can find on the legal use of "Emergency Rule" by the USCG is appreciated. (see thread below for more details)
Legal Affairs Staff (dl)
District Legal Officer (JAG) 808.541.2528
Asst Legal Officer 808.541.2105
Assistant 808.541.2106
Paralegal Specialist - MTSA
Legal Staff 808.541.2108
Legal Assistance Attorney 808.541.2108
On 9/4/07 9:54 AM, "Keone Kealoha" <keone@malamakauai.org> wrote:
>
>
> The Coast Guard's position sounds a lot like martial law. The "Emergency Rule"
> imposed by USCG Admiral Brice-O'hare, with no input from any judicial branch
> representative and in the matters of a commercial ferry, not related to
> national security or any other military engagement, is what has happened.
>
> Again seems like a over use of force and abuse of powers. The "Emergency Rule"
> is in excess of what was allowed by what will come on line on Sept. 10 under
> the existing homeland security harbor laws. In essence, the Coast Guard has
> created their own laws, without due process, by using the "Emergency Rule"
> precedence.
>
> Can they just make up their own laws for commercial activities? We need to
> find out more about emergency rule and if it can be invoked for a commercial
> ferry activities indefinitely.
>
> Here are some headline and bullet points I came across:
>
> "Coast Guard Unilaterally Imposes Martial Law"
> "Coast Guard Admiral Puts Super Ferry Profits Over Kauaians' Safety"
>
> * The USCG Admiral decided to create her own laws and imposed them without any
> judicial review
> * The USCG has engaged the FBI to assist them in their escalation of force
> * The cooling off period was used to figure out how circumvent the concerns of
> Kauai's citizens, not to find rational solutions to the problem or to set up a
> process for public feedback about their concerns
> * Despite repeated calls from State, County and the residents of Kauai for an
> independent EIS, the Coast Guard has decided to step up military activities
> against the residents of Kauai
> * The USCG has the ability to disallow the ferry to enter the harbor if it
> deems passage unsafe for any reason
>
>
>
> On 9/4/07 6:00 AM, "Katy Rose" <klrose@earthlink.net> wrote:
>
>> > "It'll take everyone's cooperation to ensure that peaceful protests can
>> occur
>> > without jeopardizing the safety of others." - Mayor Brian Baptiste, The
>> Garden
>> > Island, Sept. 4 2007
>> >
>> > We can translate this to mean: if we cooperate with the new "expanded
>> security
>> > zone," we will not jeopardize the passage of the Superferry into
>> Nawiliwili
>> > harbor.
>> >
>> > The state has come up with wording which makes it sound like their concern >> is
>> > for the people of Kaua'i (I'm not sure who Baptiste is referring to when he
>> > says "the safety of others.") It is now framed as if protest that defies
>> the
>> > security zone is somehow not "peaceful." We need to make the case that
>> civil
>> > disobedience is peaceful. We need to make it clear that our liberties have
>> > been infringed upon, that cutting off access to the water and the jetty is >> an
>> > assault on the people of Kaua'i. We need to make it clear that sometimes
>> the
>> > people need to break a law in order to protect a greater good.
>> >
>> > We have now been presented with the "protest zone." We can comply, and
>> > thereby allow the boat to come in, or we can once again do what worked,
>> which
>> > was to disobey and blockade. Let's evaluate: can we muster the numbers,
>> the
>> > solidarity and the courage to perform an EFFECTIVE action when the
>> superferry
>> > returns? I think we can!
>> >
>> > Thoughts from the group?
>> >
>> > PS: Mahalo to all those who attended yesterday's meeting with Bapists and
>> > coast guard.
>
>
> -------------------------------
>
> Keone Kealoha
> Director
>
> Malama Kaua'i
>
> 808.828.0685 Office
> 808.634.8174 Mobile
> 808.828.0485 Fax
> Email: keone@malamakauai.org
> http://www.MalamaKauai.org
>
>
-------------------------------
Keone Kealoha
Director
Malama Kaua'i
808.828.0685 Office
808.634.8174 Mobile
808.828.0485 Fax
Email: keone@malamakauai.org
http://www.MalamaKauai.org
--
John Tyler
toll free 866-530-4117
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