Saturday, October 13, 2007

RE: [] An Honest Win-Win Proposal

Dear Friends of the EIS First on Superferry movement,

I wish to clarify what some of you feel is a compromise in deferring loans and keeping Superferry idle.   I don't want Superferry coming to any neighbor island the way it has been presented.  I am 100% opposed to it in its current form.  I would be ok with it, only with strong Environmental Restrictions/Safeguards:  Not operating at all during whale season, or at 1/3 its current speed, Invasives strongly checked for, traffic strongly addressed--we have one stop sign on a two lane road through Nawiliwili?  That's nuts DOT director Barry Fukunaga!  How can you call yourself a DOT director like that?

So  a deferment of loan payments for Superferry while a full EIS is done over the next two years, exposing ALL the impacts and fully remedy each is in no way "a compromise," it's an honest way of taking away all Superferry's excuses, and exposing the impacts on the table for all to see.  With the EIS report, then there's no smoke and mirrors and Superferry complies or it is history.

As it is now my friends, politically there's a major role of the dice here on all parties.  The votes are strongly on the O'ahu senator and representative's advantage, and if a loan deferment-idle Superferry choice is not really looked at, any other legislative action would naturally have some form of real compromise of the environment in it that exposes generations to come.  As an example, Superferry will argue that it would agree to stronger vehicle checks for invasives and drugs, but must maintain 40 knotts to keep its schedule (i.e. whale strikes likely)....  With my proposed deferment-sit idle while EIS option, all is covered.  It is not a compromise people--it is covering ALL the bases, and its the most logical of all offerings so far.

One of our senators asked, But the banks who gave the loans? They will want their money...and I say they too would be happy.  A deferment on loans means the loan still accrues interest due, its just that the first loan payment gets pushed back to the new proposed opening date, only after an EIS is complete and  issues are FULLY resolved.  IF issues aren't resolved, the loans are still federally insured for the banks, as the Superferry goes belly up.

We have 4 options going on: 
1. Superferry operates with meeger limits on it, and its back to harbor blockades--doesn't sound as good a position to be in.
2.  Superferry sits idle while a lawful EIS is done: only by the loan deferment way I've suggested as of now.  If someone else has a better plan to have them sit idle, let me know.
3.  Superferry Leaves voluntarilly
4.  Legislature's law deemed unconstitutional by the Hawaii Supreme Court

I'm happy with any of the last 3.  The most proactive, non-gambling of the outcome avenue of anything out there is #2, what I've proposed.  That's why friends, I suggested it.

Thanks for following with me so that we understand each other =-)

Malama Pono,

John Tyler

John Tyler & Associates CPR, serving CA and HI,
see more at

Happy Swimmers USA, see more at

Date: Sat, 13 Oct 2007 18:53:20 -1000
Subject: Re: [] An Honest Win-Win Proposal

I might not have made myself clear in my emotional state. Sorry. What I meant was that I would not allow the Superferry to sail without an environmental study (EA or EIS). Compromise after that is open to conjecture. If they sail they will not be stopped.

On 10/13/07 11:57 AM, "Warren Woodward" <> wrote:

I agree. No compromise. I do not want to see this boat sailing ever. Why? Because I do not want something else to pay taxes for. Mark my words, if allowed to sail, the ferry will not make a profit and we will be asked to subsidse its "vital service and island lifeline" or some such. Seattle ferries can't make a profit and are subsidized. Why does anyone think it will be different here? They have already gotten enough free money.
Additionally, why should these scofflaws be afforded ANY compromise? Who else breaks the law and gets a special session to make it right? This whole thing is crony capitalism to the max (and I am a capitalist, but a real one). Compromise? It's time to impeach Lingle and through her and the ferry fat cats in jail for criminal conspiracy. I am not a lawyer but perhaps this could fall under RICO.

David H Dinner <> wrote:
I did not like it the first time you said it and I like it even less now that the Legislature is threatening to ram the Superferry down our throats. I see no compromise that would mitigate the fact that these developnerds have nothing but profit and profiteering in their gun sights. No compromise!


 On 10/13/07 9:51 AM, "John Tyler" <> wrote:

An Honest Win-Win Proposal to Save Superferry and Protect the Environment

Superferry says it's business can't survive a lengthy delay in operations, because of the huge federal loan payments due.  They want to operate with no added environmental protections deemed important to consider by the Maui court and concurrently the Supreme Court.

Here's a novel idea, taken from my own history with my college loans...
Have Hawaii's congressional delegation propose a federal deferment on the payment of federal loans on Superferry, and the state do the same here while the Superferry sits idle as a lawful EIS is done, minimizing financial duress.

 This takes the need for political compromises inherent in the special legislative session off the table, for the benefit of all. It's highly likely that the Hawaii legislature will bargain away some aspect of environmental protection to get Superferry's buy-in.  What then gets exposed: whales? mongoose on Kauai? crime factors? traffic?

With the federal deferment, all EIS issues are addressed and the financial worry is neutralized.  If the EIS shows other key harms, we'll have them substantiated and addressed. If its so harmful, then the Superferry is done, and if its not, we're safe too, but at least the EIS puts all the cards on the table which is what Superferry has been avoiding all along.  Bring the sunshine in.

We can all use some patience and calmness in this, and taking the financial duress off, stops the publicized rush factor.

In Gratitude,




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