HAWAIIAN ISLANDS HUMPBACK WHALE NATIONAL MARINE SANCTUARY This humpback whale calf was struck by a ship on March 9, 2006, between Maui's Maalaea Harbor and Molokini. A photograph showed the ship's propeller sliced the whale multiple times.

Ferry speed called key to collisions with whales

STORY SUMMARY »

As humpback whales arrive in greater numbers for their winter breeding season, concerns rise commensurately about collisions with boats, including the Hawaii Superferry.

A worldwide study of the problem confirms that collisions are a greater risk when vessels are moving fast.

Almost half of 24 documented collisions between whales and ferries over a 30-year period involved fast ferries, researcher Mason Weinrich reported in 2004 to the International Whaling Commission's Scientific Committee.

His findings:

» 11 collisions involved ferries that travel 35 mph or faster.

» Six were with slower ferries.

» Seven were at unknown speeds.

Those statistics come from 1972-2002, but fast ferries were not in use until 1996, said David Mattila, science and rescue coordinator for the Hawaiian Islands Humpback Whale National Marine Sanctuary.

With the Hawaii Superferry's Dec. 13 start, state waters become another location where humans will seek a balance between moving people quickly by boat and dodging the leviathans.

STAR-BULLETIN

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FULL STORY »

By Diana Leone
dleone@starbulletin.com

Full-time lookouts on a Massachusetts Bay high-speed ferry appear to have helped it avoid hitting whales during its first five years of operation.

Between 2002 and 2006, the Boston Harbor Cruises ferry between Boston and Cape Cod saw whales on four out of 10 trips but never hit one, according to a report co-authored by Mason Weinrich, a zoologist and executive director of the Whale Center of New England.

Avoid Moby-Dick Maui boaters interested in another whale strike avoidance workshop can contact Jeff Walters, state co-manager of the Hawaii whale sanctuary, at 587-0106 or jeffrey.s.walters@hawaii.gov. Suggestions on whale avoidance are also posted at: » hawaiihumpbackwhale.noaa.gov » www.hawaii.gov/dlnr/dar The Alakai's Effort Superferry policies for whale avoidance, some of which are required by the state as a condition of its operation without an environmental impact study, include: » Avoiding shallow (600 feet or less) waters favored by whales, unless ocean conditions require it. This includes the whale sanctuary. » Slowing to 29 mph in those shallow waters. » Posting two full-time observers on the boat, whose job is to watch for whales. » Having motion-reduction binoculars, night-vision equipment and video surveillance to help look for whales. » Changing course to avoid a whale in its path or making emergency stops if necessary.

During the same time, another fast ferry that did not employ dedicated whale watchers did strike a whale on the same route, Weinrich said.

In its first eight days of service this month, the Hawaii Superferry already is spotting more whales than that -- an average of 10 to 12 per Oahu-to-Maui round trip, said Terry O'Halloran, Superferry director of business development.

The Superferry has two full-time lookouts.

All those sightings were at distances well beyond the 100 yards that triggers a report to state and federal officials, O'Halloran said. And the Superferry has been able to change course and avoid the whales.

But most of the 10,000 humpbacks expected in Hawaiian waters this winter are not here yet.

The endangered humpbacks come to the warm, shallow waters off Hawaii between November and April each year to mate and bear their young.

With its ability to go 44 mph (38 knots), the Superferry's potential danger to whales was among the issues that sparked legal and public protests. A law passed by a special session of the Legislature allows the ferry to run while conducting an environmental impact study.

"Posted observers is certainly one of the strategies that could work to address vessel-whale interaction," said Naomi McIntosh, manager of the Hawaiian Islands Humpback Whale National Marine Sanctuary. But it should not be the only thing, she said.

Whale-ship strikes have been a rising concern in Hawaii. Seven whales were struck in 2006 and six in 2007, according to sanctuary records.

That compares with 33 strikes involving all types of vessels in 1975-2005, with no more than three strikes in any single year.

The whale sanctuary has urged all boaters to keep speeds under 13 mph when in whale territory. Studies have shown that whales are likely to die of strike injuries when ships are going faster.

Superferry officials have said they will not go slower than 29 mph unless they spot a whale.

Weinrich's study in Massachusetts found that the dedicated observer more often spotted whales before the captain did.

The distance between boat and whale when it is first seen is significant, Weinrich said. It gives both the whale and the boat more time to get out of each other's way.

"What's more important is what to do when the whale is seen," he said. "What is known about strikes when they have taken place on passenger vessels is, as a general rule, whales that are struck are whales that have not been seen. But there is usually another whale around."

Whale Center of New England guidelines advise slowing a boat down when one whale is spotted, until it is clear whether other whales are in the area, Weinrich said.

That advice could be harder to follow in Hawaii, McIntosh said, because young whale calves -- about 13 feet long and 3,000 pounds -- spend much more time near the ocean surface and are harder to spot from a distance.

Even for a large boat, like the 350-foot Superferry, striking a whale is not a welcome experience.

When a fast ferry between South Korea and Japan struck what is believed to have been a whale in May 2005, the engine room flooded, 19 of 170 people aboard were injured and the boat had to be towed for repair, according to the Safety at Sea International Web site.

There are more ferry-whale strikes than are documented, Weinrich said. Some strikes might be with an unknown object that is a whale, and some boat crews and some countries might not put a priority on reporting whale strikes, he said.

For its policies and equipment to avoid whale strikes, the Superferry won praise from Jeff Walters, state whale sanctuary co-manager, Chris Yates, assistant regional administrator of NOAA Fisheries, and McIntosh.

Yet Yates, McIntosh and some environmentalists remain concerned about the Superferry's refusal to slow to recommended speeds.

"This is not just a Superferry issue," Yates said. "It's an issue of all vessels dealing with the fortunate circumstance that we have more and more humpback whales here in Hawaii. With that fortune comes increased responsibility and concern."

Last month the Superferry began consulting with NOAA Fisheries under the Endangered Species Act, Yates said.

Hoover, FBI Planned Mass Jailing in 1950

By TIM WEINER,

The New York Times

Posted: 2007-12-22 22:02:54

(Dec. 22) - A newly declassified document shows that J. Edgar Hoover, the longtime director of the Federal Bureau of Investigation, had a plan to suspend habeas corpus and imprison some 12,000 Americans he suspected of disloyalty.

Hoover sent his plan to the White House on July 7, 1950, 12 days after the Korean War began. It envisioned putting suspect Americans in military prisons.

Photo Gallery: A History of Habeas Corpus

AP

Days after the start of the Korean War, J. Edgar Hoover, former head of the FBI, wanted to round up 12,000 Americans to "protect the country," according to recently declassified papers.

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Hoover wanted President Harry S. Truman to proclaim the mass arrests necessary to "protect the country against treason, espionage and sabotage." The F.B.I would "apprehend all individuals potentially dangerous" to national security, Hoover's proposal said. The arrests would be carried out under "a master warrant attached to a list of names" provided by the bureau.

The names were part of an index that Hoover had been compiling for years. "The index now contains approximately twelve thousand individuals, of which approximately ninety-seven per cent are citizens of the United States," he wrote.

"In order to make effective these apprehensions, the proclamation suspends the Writ of Habeas Corpus," it said.

Habeas corpus, the right to seek relief from illegal detention, has been a fundamental principle of law for seven centuries. The Bush administration's decision to hold suspects for years at Guantánamo Bay, Cuba, has made habeas corpus a contentious issue for Congress and the Supreme Court today.

The Constitution says habeas corpus shall not be suspended "unless when in cases of rebellion or invasion, the public safety may require it." The plan proposed by Hoover, the head of the F.B.I. from 1924 to 1972, stretched that clause to include "threatened invasion" or "attack upon United States troops in legally occupied territory."

After the terrorist attacks of Sept. 11, 2001, President Bush issued an order that effectively allowed the United States to hold suspects indefinitely without a hearing, a lawyer, or formal charges. In September 2006, Congress passed a law suspending habeas corpus for anyone deemed an "unlawful enemy combatant."

But the Supreme Court has reaffirmed the right of American citizens to seek a writ of habeas corpus. This month the court heard arguments on whether about 300 foreigners held at Guantánamo Bay had the same rights. It is expected to rule by next summer.

Hoover's plan was declassified Friday as part of a collection of cold-war documents concerning intelligence issues from 1950 to 1955. The collection makes up a new volume of "The Foreign Relations of the United States," a series that by law has been published continuously by the State Department since the Civil War.

Hoover's plan called for "the permanent detention" of the roughly 12,000 suspects at military bases as well as in federal prisons. The F.B.I., he said, had found that the arrests it proposed in New York and California would cause the prisons there to overflow.

So the bureau had arranged for "detention in military facilities of the individuals apprehended" in those states, he wrote.

The prisoners eventually would have had a right to a hearing under the Hoover plan. The hearing board would have been a panel made up of one judge and two citizens. But the hearings "will not be bound by the rules of evidence," his letter noted.

The only modern precedent for Hoover's plan was the Palmer Raids of 1920, named after the attorney general at the time. The raids, executed in large part by Hoover's intelligence division, swept up thousands of people suspected of being communists and radicals.

Previously declassified documents show that the F.B.I.'s "security index" of suspect Americans predated the cold war. In March 1946, Hoover sought the authority to detain Americans "who might be dangerous" if the United States went to war. In August 1948, Attorney General Tom Clark gave the F.B.I. the power to make a master list of such people.

Hoover's July 1950 letter was addressed to Sidney W. Souers, who had served as the first director of central intelligence and was then a special national-security assistant to Truman. The plan also was sent to the executive secretary of the National Security Council, whose members were the president, the secretary of defense, the secretary of state and the military chiefs.

In September 1950, Congress passed and the president signed a law authorizing the detention of "dangerous radicals" if the president declared a national emergency. Truman did declare such an emergency in December 1950, after China entered the Korean War. But no known evidence suggests he or any other president approved any part of Hoover's proposal.

Copyright © 2007 The New York Times Company

The Return of the Lakota

The Lakota Indians have seceded from the United States and formed their own country

http://nz.news.yahoo.com//071220/8/3db9.html

Thursday December 20, 07:26 PM

Descendants of Sitting Bull, Crazy Horse break away from US

Thursday December 20, 07:26 PM
Descendants of Sitting Bull, Crazy Horse break away from US
Photo : AFP

WASHINGTON (AFP) - The Lakota Indians, who gave the world legendary warriors Sitting Bull and Crazy Horse, have withdrawn from treaties with the United States, leaders said Wednesday.

"We are no longer citizens of the United States of America and all those who live in the five-state area that encompasses our country are free to join us," long-time Indian rights activist Russell Means told a handful of reporters and a delegation from the Bolivian embassy, gathered in a church in a run-down neighborhood of Washington for a news conference.

A delegation of Lakota leaders delivered a message to the State Department on Monday, announcing they were unilaterally withdrawing from treaties they signed with the federal government of the United States, some of them more than 150 years old.

They also visited the Bolivian, Chilean, South African and Venezuelan embassies, and will continue on their diplomatic mission and take it overseas in the coming weeks and months, they told the news conference.

Lakota country includes parts of the states of Nebraska, South Dakota, North Dakota, Montana and Wyoming.

The new country would issue its own passports and driving licences, and living there would be tax-free -- provided residents renounce their US citizenship, Means said .

The treaties signed with the United States are merely "worthless words on worthless paper," the Lakota freedom activists say on their website.

The treaties have been "repeatedly violated in order to steal our culture, our land and our ability to maintain our way of life," the reborn freedom movement says.

Withdrawing from the treaties was entirely legal, Means said.

"This is according to the laws of the United States, specifically article six of the constitution," which states that treaties are the supreme law of the land, he said.

"It is also within the laws on treaties passed at the Vienna Convention and put into effect by the US and the rest of the international community in 1980. We are legally within our rights to be free and independent," said Means.

The Lakota relaunched their journey to freedom in 1974, when they drafted a declaration of continuing independence -- an overt play on the title of the United States' Declaration of Independence from England.

Thirty-three years have elapsed since then because "it takes critical mass to combat colonialism and we wanted to make sure that all our ducks were in a row," Means said.

One duck moved into place in September, when the United Nations adopted a non-binding declaration on the rights of indigenous peoples -- despite opposition from the United States, which said it clashed with its own laws.

"We have 33 treaties with the United States that they have not lived by. They continue to take our land, our water, our children," Phyllis Young, who helped organize the first international conference on indigenous rights in Geneva in 1977, told the news conference.

The US "annexation" of native American land has resulted in once proud tribes such as the Lakota becoming mere "facsimiles of white people," said Means.

"We have 33 treaties with the United States that they have not lived by. They continue to take our land, our water, our children," Phyllis Young, who helped organize the first international conference on indigenous rights in Geneva in 1977, told the news conference.

The US "annexation" of native American land has resulted in once proud tribes such as the Lakota becoming mere "facsimiles of white people," said Means.

Oppression at the hands of the US government has taken its toll on the Lakota, whose men have one of the shortest life expectancies -- less than 44 years -- in the world.

Lakota teen suicides are 150 percent above the norm for the United States; infant mortality is five times higher than the US average; and unemployment is rife, according to the Lakota freedom movement's website.

"Our people want to live, not just survive or crawl and be mascots," said Young.

"We are not trying to embarrass the United States. We are here to continue the struggle for our children and grandchildren," she said, predicting that the battle would not be won in her lifetime.
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Lakota Freedom Delegation withdraws from US
Thursday, December 20, 2007
Filed Under: National | Politics

A group called Lakota Freedom Delegation is withdrawing from the treaties their ancestors signed with the U.S. and is setting up their own independent nation. Four activists, including Russell Means, were in Washington, D.C., on Wednesday to announce their plans. They said the federal government has failed to abide by 33 treaties that promised land, health care, education and other services. "Our people want to live, not just survive or crawl and be mascots," Phyllis Young said, Agence France-Press reported. Members of the new nation won't pay taxes . The new nation's territory covers western parts of North and South Dakota and Nebraska and eastern parts of Wyoming and Montana.

Get the Story:
Lakota group pushes for new nation (The Sioux Falls Argus Leader 12/20)
Descendants of Sitting Bull, Crazy Horse break away from US (AP 12/20)
Lakota group declares sovereign nation status (The Rapid City Journal 12/20) Relevant Links:
Lakota Freedom Delegation - http://www.lakotafreedom.com

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http://www.indianz.com/News/2007/006399.asp
Tim Giago: Remembering Wounded Knee
Tuesday, December 18, 2007
Filed Under: Opinion

I wonder if Tom Brokaw knew what was happening on the nine Indian reservations in his home state of South Dakota in 1968. I seriously doubt it.

On December 29, 1968, as they have done for many years, the Lakota people were gathered around the mass grave at Wounded Knee to pray. And on December 29, 1990, they would gather to mourn the 100th anniversary of the massacre of their people.

To the non-Indians of South Dakota and the rest of America, December 29, 1990 was another day. But to the Lakota people, December 29 was a day they commemorated every year since 1890. It was a day when nearly 300 of their relatives were shot to death in cold blood by the enlisted men and officers of the 7th Cavalry. Ironically, 21 members of the 7th Cavalry were awarded Medals of Honor for this horrific slaughter of women and children.

White people ask why we Lakota still talk about Wounded Knee as if it was not ancient history. If something terrible happened to your grandmother — that's right, your grandmother — something so heinous that it became a part of American history, would you still consider that to be ancient history? I think not. A grandmother can never be ancient history or you wouldn't be able to ride over the river and through the woods to her house on holidays.

Consider this. On December 29, 1890, my grandmother, Sophie, was a 17-year-old student at the Holy Rosary Indian Mission, a Jesuit boarding school just a few miles from Wounded Knee. She was called out with the rest of the students to feed and water the horses of the soldiers of the 7th Cavalry that had just rode on to the mission grounds chasing down survivors that had escaped the slaughter. My grandmother recalled seeing blood on their uniforms and she overheard them bragging about the mighty victory they had just scored at Wounded Knee.

That's right, my grandmother, who is now deceased, remembered. Now does that make the Massacre at Wounded Knee ancient history to me? You bet that it does not. Many other Lakota still living today had grandmothers and grandfathers that were either killed or survived the massacre. No, it is not ancient history to the Lakota.

In early December of 1990, as the 100th anniversary of the massacre at Wounded Knee approached, I wrote the cover story for USA Today. I quoted an editorial that appeared in the Aberdeen (SD) Saturday Review on January 3, 1891, just five days after the massacre. The author wrote about those terrible "Redskins," his favorite word for Indians. He wrote, "The Pioneer has before declared that our only safety depends upon the total extermination of the Indians. Having wronged them for centuries we had better, in order to prprotect our civilization, follow it up by one or more wrong and wipe these untamed and untamable creatures from the face of the earth."

That editorial calling for the genocide of the Lakota people was written by L. Frank Baum, the man who would later write, "The Wonderful Wizard of Oz." There have been many others before and since that called for genocide against a race of people. Adolph Hitler and Pol Pot come to mind. But then they never followed up their calls for genocide by writing a charming book for children. It appears to be unthinkable to most Americans that such a wonderful man as L. Frank Baum could be compared to other inhuman beasts that called for the extinction of a race of people.

In 2006, descendants of Baum asked the Lakota people to forgive Baum for the editorials he wrote calling for their annihilation. What do you think the Jewish people would say today if the descendants of Adolph Hitler approached them asking them to forgive Adolph for nearly exterminating all Jews? It's a tough question because the attempted extermination of the Jews was taken much more seriously than the extermination of the Lakota people. After all, according to the white man, we were just Indians and sub-humans at that and we didn't have the power of the press or of the free world to support our claims to life. In order for America to expand, the people of the Great Sioux Nation had to be expendable.

December 29, 2007 will mark the 117th anniversary of the slaughter of innocents at Wounded Knee. As is their custom, the Lakota people will gather at the mass grave where the bodies of men, women and children were dumped and they will pray and ask the United States government to apologize for this day of death. They will pray that the Medals of Honor handed out to the murderers be rescinded and they will pray for peace between the Lakota and the rest of America. There will be a ceremony called "Wiping Away the Tears," and this ceremony will conclude a day of mourning, a day when the Lakota reach out to the rest of America for peace and justice.

Americans may have forgotten Wounded Knee and pushed it to the back pages of history, a bad memory to some, but the Lakota people have not nor will they ever forget this terrible day until they at last see justice.

Tim Giago, an Oglala Lakota, was born, raised and educated on the Pine Ridge Reservation in South Dakota. He was a Nieman Fellow at Harvard in the Class of 1991 and founder of The Lakota Times and Indian Country Today newspapers. He founded and was the first president of the Native American Journalists Association. He became the first Native American ever inducted into the South Dakota Newspaper Hall of Fame on November 10, 2007. He can be reached at najournalist@msn.com

--
Lanny Sinkin
P. O. Box 944
Hilo, Hawai'i 96721
(808) 936-4428
lanny.sinkin@gmail.com

Attorney at Law (Federal Practice)

Ali'i Mana'o Nui (Chief Advocate and Spiritual Advisor) by appointment of
Ali'i Nui Mo'i (King) Edmund Keli'i Silva, Jr.

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John Tyler
toll free 866-530-4117
See
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Serving Los Angeles, San Jose, and Hawai'i Founded  in 1991

Kahului Harbor - Rally FOR Maui

---------- Forwarded message ----------
From: Dick Mayer <dickmayer@earthlink.net>
Date: Dec 15, 2007 11:20 PM
Subject: Kahului Harbor - Rally FOR Maui
To: Dick Mayer <dickmayer@earthlink.net>

  Rally FOR Maui

Kahului  Harbor

Saturday, December 15, 2007

Protesting  Superferry  Invasion

--
John Tyler
toll free 866-530-4117
See
www.jtacpr.com for CPR and First Aid training

www.happyswimmers.com for swim lessons at home and lifeguarding
enrollment/booking link: http://happyswimmers.com/enrollform.html

Serving Los Angeles, San Jose, and Hawai'i Founded  in 1991

Maui Tomorrow ’guiding light’ Ron Sturtz dies

Maui Tomorrow 'guiding light' Ron Sturtz dies
By BRIAN PERRY, Assistant City Editor

WAILUKU – Ron Sturtz represented Maui Tomorrow through much of its weekslong legal battle in 2nd Circuit Court earlier this year to block the Hawaii Superferry from operating without an environmental assessment.

While Maui Tomorrow won the case in the courtroom and later saw the ruling set aside by a law rushed through a special session of the Legislature, only Sturtz's family and friends knew that the environmental advocate was losing another battle – to an aggressive form of brain cancer.

Sturtz finally succumbed to the illness Tuesday. Born on Long Island, New York, in 1945, he was 62. He was president of Maui Tomorrow from 2002 to February of this year.

"He was an articulate and dedicated champion of the environment," said attorney Isaac Hall, who represents Maui Tomorrow, the Kahului Harbor Coalition and the Sierra Club in the Superferry litigation.

"He was a guiding light," said Maui Tomorrow Executive Director Irene Bowie. "It was such a pleasure to come into this organization and have Ron's wisdom and compassion to help us through a lot of challenging issues. He's sorely missed and will never be replaced."

Retired Maui Community College professor Dick Mayer said Sturtz was dedicated to improving Maui's environment, even though he had lived on Maui only since the late 1990s.

"He was very dedicated to the betterment of the Maui community," Mayer said. "He touched so many different people in a relatively short period of time with his intelligence and his leadership abilities and significantly with his compassion. He really wanted to help others."

A celebration of life will be held at 2:30 p.m. today at Makawao Union Church. In lieu of flowers, donations in his memory can be made to the Maui Tomorrow Foundation through its Web site at www.maui-tomorrow.org or to the American Brain Tumor Association, www.abta.org.

Lucienne de Naie, a Maui Tomorrow board member and former vice president of the organization, said Sturtz brought to environmental advocacy not only his expertise as a former trial attorney but also his integrity, compassion and sense of justice.

"His heart knew no limits," she said. "He really was a born healer that happened to go to law school."

De Naie said Sturtz's life prepared him for the work he would do later, during which he would use his skills as a mediator.

"He was prepared in the most elegant way without seeming to have to do anything about it," she said. "He lived his life that way with an awareness and a preparation for whatever happens."

Sturtz suffered severe injuries in an auto accident that almost cost him his life, de Naie said. He spent 18 months in a body brace and a wheelchair, and doctors doubted he'd ever walk again.

But through a long convalescence he regained his ability to walk, although he suffered periods of intense pain from his severely injured spine.

"He endured a lot of pain," de Naie said, but "he used it as a tool to deepen his compassion."

Sturtz's close friend and Maui Meadows neighbor Zachary Franks said Sturtz was "highly compassionate."

Many people talk about putting themselves in someone else's shoes, he said, but "Ron really did. . . . He was very skilled at that."

Franks said Sturtz would sit down with people, hear their points of view and "invariably be able to empathize. . . . Empathy is the soul of compassion."

As a skilled and longtime advocate, Sturtz was "enormously persuasive," but "he wouldn't hit you over the head with it."

"He was always able to make a case in an almost indirect manner," Franks said.

Sturtz also was much sought out by people seeking his counsel and wisdom, he said.

"We will never know how many people he guided during the course of his lifetime," Franks said.

De Naie said Sturtz was well prepared for death because he had lived so well in life.

"There was nothing left untied or undone," she said. "He didn't create a lot of stuff that needed to be fixed later."

Sturtz is survived by his wife, Merry Sturtz; two daughters, Rebeccah Sturtz and Leah Sturtz Harhay; a hanai son, Gary Lichtenstein; two brothers, Larry Sturtz and Joel Sturtz; and two granddaughters.

Brian Perry can be reached at bperry@mauinews.com.

Hawaii Superferry task force worries over inspections

Hawaii Superferry task force worries over inspections

By Dan Nakaso
Advertiser Staff Writer

	The Superferry arrived at Kahului Harbor on Maui on Thursday under the watchful eyes of the U.S. Coast Guard, waiting on the dock at right. BRUCE ASATO | The Honolulu Advertiser
	MEMBERS OF THE TEMPORARY HAWAII INTER-ISLAND FERRY OVERSIGHT TASK FORCE Michael Formby, representative from the state Department of Transportation Sandra Kunimoto, director of the state Department of Agriculture, or her representative. Laura H. Thielen, chairwoman of the state Department of Land and Natural Resources, or her representative. Michael Lau, state attorney general's office John Garibaldi, president and CEO of the Hawaii Superferry Michael Matsukawa, a Big Island attorney appointed by the Senate to represent the general business community Dennis Chun, a Hawaiian studies instructor at Kaua'i Community College appointed by the Senate as a Native Hawaiian cultural practitioner William Aila Jr., harbor master, Wai'anae Small Boat Harbor, who was appointed by the Senate to represent O'ahu's environmental community Randy Awo, Maui branch manager of the Department of Land and Natural Resources' Division of Conservation and Resources Enforcement, appointed by the Senate to represent Maui Colette Machado, Office of Hawaiian Affairs trustee, appointed by the House to represent Moloka'i Kauila Clark, appointed by the House as a O'ahu Native Hawaiian cultural practitioner Sara Peck, a University of Hawai'i Sea Grant College Program extension agent, appointed by the House to represent the Big Island's environmental community Jeff Mira, assistant vice president and general manager for Honsador Lumber, LLC, appointed by the House to represent Kaua'i

One day after the Hawai'i Superferry resumed service to Maui, members of an oversight task force questioned whether inspections of vehicles and baggage entering the ship will be effective.

The 13-member task force met yesterday for the first time. The oversight group was born out of legislation that permitted the Superferry to resume service while the state conducts an environmental review of the project, which could take one to two years.

Some task force members questioned the ability of inspectors to find objects the ferry is not allowed to carry, such as iwi, or human bones.

Colette Machado, a Moloka'i resident and Office of Hawaiian Affairs trustee who was appointed to the task force, said, the inspectors "have to be trained, or at least have some scientific background. We're looking for cultural, scientific people ... or they may be kama'aina archaeologists."

Task force member William Aila Jr. said that inspectors may be able to detect obviously prohibited items such as 'opihi, but would they be able to stop the importation of culturally significant items such as ka'ai, or burial caskets.

The task force discussed the possibility of reviewing the qualifications of sub-contractors who will be hired by environmental consulting firm Belt Collins to oversee the ferry inspectors.

Michael Formby, deputy director of harbors for the state Department of Transportation, said he would investigate whether the task force has the ability to "affect the scope" of Belt Collins' operations and the resumes of potential sub-contractors. Belt Collins officials have been directed to forward requests for interviews to the state Department of Transportation.

Following yesterday's meeting at the Honolulu Airport's conference center, the task force greeted the Superferry at Honolulu Harbor's Pier 19 and watched passengers and vehicles disembark the 350-foot ship, the Alakai.

The topic of inspections also came up during the visit to the ship, Formby said.

Randy Awo, who was appointed to the task force by the Senate as a private citizen but works as the Maui branch manager of the Department of Land and Natural Resources' Division of Conservation and Resources Enforcement, asked whether inspectors actually put their hands through layers of ice piled into coolers to see if objects are being smuggled.

The answer was that Superferry inspectors don't. But Division of Conservation and Resources Enforcement officers probably would.

The legislation that allowed the Superferry to go forward included 40 conditions, addressing everything from its speed in the Hawaiian Islands Humpback Whale National Marine Sanctuary, to having National Oceanic and Atmospheric Administration-certified observers who live in Hawai'i to serve as lookouts.

But the wording that created the oversight task force "is rather broad," Formby said. Members were unsure yesterday how far they can push their authority onto the Superferry.

"It's going to be interesting to see how far they want to go and how far involved in the operation they want to go," said Formby. "Some of the things they may want to do may not be lawful. But as long as it's legal, if the majority wants to do it, we can do it."

Machado compared the task force's oversight of the Superferry to using a "fine-tooth comb to remove 'uku," or head lice.

"That takes a lot of work and it's quite slow," Machado said.

The oversight task force includes John Garibaldi, Hawai'i Superferry's president and CEO, members of various state agencies and Hawaiian cultural practitioners and environmentalists.

The oversight task force is required to meet every month and report on its activities at the end of each month to the Legislature. Its final report is due at the start of the 2009 legislative session.

Dennis Chun, who was appointed by the state Senate as a Kaua'i cultural practitioner, asked, "If something's not working, we have a report. But what comes after that?"

Formby directed the task force to the legislation that brought them together, which says the Legislature and the governor have the power to impose further requirements on the Superferry.

"They would decide what action they want to take," said Formby.

Formby served as the task force's facilitator yesterday.

The task force is scheduled to meet again at 1 p.m. on Jan. 10 at the Honolulu airport.

Reach Dan Nakaso at dnakaso@honoluluadvertiser.com.

Less than smooth sailing - Superferry arrives in Maui

Less than smooth sailing - Superferry arrives in Maui

Fewer protesters than expected greet seasick passengers

by Nathan Eagle - THE GARDEN ISLAND

ALAKAI — After nearly four months delay due to legal battles and protests on Neighbor Islands, the state's first passenger-car ferry service fought the seas during a "re-launch" trip yesterday morning from O'ahu to Maui.

Instead of surfers clogging ports or judges granting restraining orders over environmental concerns, a headwind and 12-foot-plus waves rocked the 350-foot "Alakai" catamaran beyond the point of nausea.

Although the typical winter weather didn't present serious danger to some 230 passengers and crew members aboard the twin-hull ship, the discomfort was enough for some to "thank God" upon arrival at Kahului Harbor.

"It was torture," said O'ahu resident Nola Watasa, who was traveling to Maui with her son, Colby, and husband, Dave, for a varsity wrestling tournament. "I'm glad it's over."

She and others riding the $85 million jet-propelled vessel — such as Clayton Fernandez, an O'ahu resident visiting Maui for the first time — filled up the "barf bags" that Hawaii Superferry staff handed out early on in the three-hour voyage.

Workers scrubbed the carpet and wiped down the faux leather seats for those passengers who were unable to find a paper sack or make it to the bathroom in time.

Others green from suffering sea sickness found relief watching movies on the flat screen monitors or stretching out on sofas for some shut-eye.

Lori Abe, Hawaii Superferry spokeswoman, said the ride back from Maui to O'ahu went "much smoother."

At quarter capacity, the ship was extra spacious. The Alakai, and a sister ship under construction in Alabama for Big Island service starting in 2009, can ferry more than 800 passengers and 200 cars.

Hawaii Superferry CEO and President John Garibaldi called yesterday's load "moderate," noting its weekday return after "months of challenges."

Neither rough seas nor the upset stomachs stopped Garibaldi and customers from lauding the new ferry service or gasping at rainbows and surreal views of waterfalls cascading down cliffs on islands en route to Maui.

The Alakai left five minutes after its 6:30 a.m. scheduled departure from Honolulu without any hitches, Garibaldi said, adding that vehicle inspections proved efficient.

As a precautionary measure to protect endangered humpback whales, Capt. Craig Campbell routed the vessel around a known breeding ground this season.

A little over an hour into the trip, the Alakai cruised at around 40 mph passed the north side of Moloka'i before making a sweeping right turn for Maui.

The captain regularly updated passengers, mostly urging them to remain seated due to choppy waters.

Several surfers, at least one one-man outrigger canoe paddler, a handful of swimmers and a few dozen demonstrators on shore waving "EIS First" and anti-Superferry signs greeted the Alakai when it pulled into port at Kahului Harbor roughly 10 minutes ahead of its 10:15 a.m. arrival time.

Moments before docking, three Kaua'i activists hung a more than 200-square-foot banner off the side of the ship — drawing cheers from the protesters.

Painted on the sheet was the state motto, "Ua mau ke ea o ka 'aina i ka," followed by "pono?"

The trio said the message was questioning if Hawaii Superferry represents a just way for the state to uphold "the life of the land is perpetuated through righteousness."

Security personnel had the banner removed within a minute. The protesters, who paid the $29 one-way trip to demonstrate were Andrea Brower, 23, of Aliomanu; Katy Rose, 41, of Hanalei; and Hale Mawae, 24, of Anahola. The trio was respectful and thanked the officer for doing his job in a friendly and professional way.

The Kaua'i natives said they were "randomly selected" to be searched prior to boarding and were alarmed to see fully-armed U.S. Coast Guard on board.

"It highlights how our peaceful protests are treated as terrorist acts," Rose said.

Brower said they traveled to Maui to protest in solidarity.

Garibaldi said that while he believes 99 percent of the passengers were excited about the service, he respected the individuals' rights to express their opinions and peacefully protest.

"We're upholding our political officials to follow through with protecting the 'aina, the resources, the ocean and not protecting big business," Mawae said.

The three activists tied Hawaii Superferry to "the bigger picture," including the lives at stake in oil-rich war zones.

Roughly 200 to 300 demonstrators lined Maui streets in clusters, waving signs, sounding the conch and chanting slogans at people driving some of the 70 vehicles that disembarked.

Baldwin High School seniors Alena Ornellas and Kawehi Ku'ailani said they skipped class to protest because it was more important.

"We'll be here everyday until they get the big picture," Ku'ailani said. "I don't like the Superferry because it takes away from our land and our culture."

Kapa'a resident Richard Hoeppner, of 1,000 Friends of Kaua'i and other environmental affiliations, said he flew to Maui yesterday morning with a few other Kaua'i residents to help with the demonstration. He did not board the Alakai.

"We're all in this together," he said. "It's not just Kaua'i that's affected, it's every island in our great state."

Local, state and federal law enforcement agencies reported a safe transit of the Alakai.

The officials provided personnel to ensure safety in Kahului Harbor and enforce a security zone, including a floating orange line of demarcation from the harbor to a buoy. No incidents or arrests affiliated with the Alakai's transit were reported.

"We're pleased the Alakai was able to transit safely and securely into Kahului Harbor, and I thank our partner agencies for their cooperation and professionalism onshore and in the harbor," said Capt. Vince Atkins, Captain of the Port, Honolulu, in a prepared statement. "More importantly, I appreciate the cooperation and support of the citizens of Maui during the Alakai's transit to Kahului Harbor."

Maui Police Department personnel reported no major problems, incidents or major traffic issues at the harbor entrance of Kaahumanu and Puunene avenues. Kauai police also were in attendance as part of a training effort.

All of the demonstrators remained civil and no arrests were made, a unified command news release states.

"Today gave us an example of Maui's ability to deal with a contentious issue while remaining civil. This has been quite a challenge to our island and I'm grateful for everyone's efforts to comply with the law and respect our law enforcement personnel who had to deal with a difficult situation," said Mayor Charmaine Tavares. "I have faith and hope that our community will continue to conduct itself in a manner that best represents our island."

Hawaii Superferry service to Kaua'i remains temporarily suspended

State legislators in a special session Oct. 30 cut a legal cord that had tethered Hawaii Superferry to Honolulu Harbor's Pier 19 since late August, when protests and court rulings first halted the interisland service.

Gov. Linda Lingle later signed the bill into a law, known as Act 2. It allows the high-speed ferry to operate under some added restrictions while a comprehensive environmental impact statement is completed. It also creates an oversight task force and requires the state auditor to investigate how the Lingle administration made the exemption determination.

The Supreme Court on Aug. 23 unanimously decided that the state Transportation Department erred as a matter of law when it exempted Superferry from an environmental review. In accordance with the state's highest court, Maui Circuit Judge Joseph Cardoza on Oct. 9 ruled in favor of three environmental groups by ordering Superferry to suspend service to Kahului Harbor until the assessment is completed.

Superferry officials had threatened to pull the $300 million project from the islands if forced to remain idle during an environmental assessment — a process that could take months or possibly years to complete.

The company's use of $40 million in taxpayer-funded, ferry-related harbor improvements triggered the state law requiring the review, which includes mitigating secondary impacts such as those related to traffic, culture and marine life.

Legislators, Superferry officials and citizens have been working together in recent weeks to heal communities split over the Superferry saga.

Contractors, students, businessmen, daytrippers and vacationers bought the discounted $29 tickets for the ride yesterday, the Hawaii Superferry president said.

"It's a good mix of local residents on the vessel," Garibaldi said.

Rocky Dunmire, operations director for the Extreme Volleyball Professionals national tour, said the boat was built for him.

He loaded a van with tents, futons, shirts, coolers, balls, a sound system, inflatables and more for the Corona Light EVP Pro Beach Hawaii Tour.

It cost Dunmire $174 to fly one-way from Kaua'i to Honolulu on Sunday with all his gear. It cost $188 round-trip with a van from O'ahu to Maui, he said.

"It's designed for me," he said, smiling. "I loaded a one-ton van with two tons worth of stuff in it."

• Nathan Eagle, staff writer, can be reached at 245-3681 (ext. 224) or neagle@kauaipubco.com.

Maui's Protests in the News

GARY T. KUBOTA / GKUBOTA@STARBULLETIN.COM Canoe paddlers held a banner yesterday protesting the Hawaii Superferry at Kahului Harbor.

Cruising anew

Ferry's Maui relaunch a success despite some protest

STORY SUMMARY »

High seas and head winds are expected again today when the Hawaii Superferry returns to Maui after what officials described as a successful resumption of service.

Nauseating seas and sign-waving protesters greeted passengers yesterday when service began again after months of delays.

"We're good to go," said Superferry Chief Executive Officer John Garibaldi.

With signs saying, "Gov't 4 $ale," "Shame on You," "Abuse of Power" and "Environment Over Profits," between 200 and 300 protesters met the ship in Kahului.

But police reported no arrests, and Maui Mayor Charmaine Tavares said the protesters showed admirable civility. "I'm grateful for everyone's efforts to comply with the law," she said.

Toni Carvalho, who held a sign saying, "Aloha Superferry, Welcome to Maui," said the vessel provides an important alternative to air travel.

"I believe in change," Carvalho said. "Maui needs to move forward."

CINDY ELLEN RUSSELL / CRUSSELL@STARBULLETIN.COM Robie Price shouted, "Go home!" as cars drove off the Superferry dock in Kahului.

---

FULL STORY »

DENNIS ODA / DODA@STARBULLETIN.COM The Hawaii Superferry left Honolulu's Pier 19 yesterday and headed for Maui. Aboard for the trip were Hua Zhon, left, holding her daughter, Sophia Fan, 2, across from her mother, Jinda Quing. They were visiting Hawaii from Seattle.

Aloha for the Alakai

By Gene Park
gpark@starbulletin.com

Sitting inside the Hawaii Superferry on its way back to Honolulu yesterday, Maui resident Kimo Mawae remembered a few months ago when he was "anti-ferry."

But the 52-year-old carpenter is also looking for work on Oahu, and he brought his car jam-packed with his tools and clothes.

"So much is said about the negative regarding the issue," Mawae said. "But I will be the happy ending you'll never read about."

Mawae was among hundreds of riders aboard the Superferry's round trip between Oahu and Maui yesterday. The riders ranged from tourists and moving residents to contractors, businessmen and even protesters from Kauai.

The three-hour return trip to Honolulu at 11 a.m. carried about 170 passengers and 50 vehicles, about a fifth of the vessel Alakai's capacity of 866 passengers and 282 vehicles. About 190 riders and 60 cars were aboard when the vessel pulled away from Pier 19 in Honolulu Harbor for Kahului at about 6:40 a.m. yesterday.

Superferry Chief Executive Officer John Garibaldi said slightly fewer passengers were expected today. But about 200 passengers have booked passage each way over the weekend.

"We see good growth happening day over day," he said.

After all the delays, people were wondering whether the ferry really was going to start service, Garibaldi said, and that also affected the number of trips sold.

"It was a very significant event for us to launch," he said. "We're good to go."

Yesterday's return trip also was much smoother sailing than the passage to Maui through the rough Molokai Channel when several people aboard were seasick.

"It's the roughest I've been on the boat," Garibaldi said of the Oahu-to-Maui route.

Yesterday's relaunch is the latest chapter in the Superferry's months-long, stop-and-go journey.

Stormy weather had earlier damaged the docking area in Kahului Harbor and delayed the planned restart of the service for several extra days.

The ferry originally was set to start the islands' first car and passenger service between Honolulu and both Maui and Kauai in August, but it was delayed after protesters on Kauai and lawsuits on both islands intervened to stop it, pending a full environmental assessment.

The state had cleared the way for the $300 million ferry service to operate without a report of its impact on the ocean and land environment, but the Hawaii Supreme Court ruled that decision was in error.

After Circuit Judge Joseph Cardoza on Maui followed the high court ruling with a restraining order against the ferry, the Legislature and Gov. Linda Lingle stepped in to allow the Superferry to operate while the review is conducted.

Superferry critics say the new interisland service will spread invasive species among the islands, cause traffic tie-ups and endanger humpback whales. Superferry officials say they have taken steps to alleviate any problems.

Service to Kauai, meanwhile, had been stopped by protesters in the water and on the docks of Nawiliwili Harbor after one trip.

Superferry officials have yet to announce a restart date for Kauai service. Company officials had said the Superferry lost about $650,000 a week as the vessel sat idle since August.

Despite the loss, Garibaldi said he feels confident about the company's ability to recoup the loss.

"Our investors are very committed to this whole project," Garibaldi said. "They take a long-term perspective on this. ... People are now seeing us operate, and we're just looking toward the future."

Mark Gossiaux was sold on the Superferry idea since its inception. He owns Mag Fencing of Maui and hopes the Superferry will help him expand on Oahu.

"I have job-specific drills, and if I were to have to buy them or rent them in Oahu, it wouldn't be cost-effective," Gossiaux said. "Now I have three trucks, and 10 guys in my crew, so I'll be able to bring them all for the next job."

Gossiaux said he also has a big contract on Kauai late next year and hopes service to the Garden Isle will resume by then.

Tommy Hulihee rode both trips to and from Maui. As equipment coordinator for Royal Contracting Co., he was researching future trips. He said he wanted to see the carport space, how vehicles were tied down and how fast the loading went.

"The largest piece we need to move, an excavator, will fit," Hulihee said. "And three hours compared to three days in a barge, you can't beat that. It's strictly economics. It's beautiful."

The Associated Press contributed to this story.

CINDY ELLEN RUSSELL / CRUSSELL@STARBULLETIN.COM The Coast Guard escorted the Superferry into Kahului Harbor yesterday.

Boat's protesters create a clamor in Kahului

By Gary Kubota
gkubota@starbulletin.com

KAHULUI » Kahului Harbor became ground zero for protests yesterday as the Hawaii Superferry relaunched its Oahu-Maui service for the first time in 412 months.

With signs saying, "Gov't 4 $ale," "Shame on You," "Abuse of Power" and "Environment Over Profits," more than 80 people demonstrated along North Puunene Avenue as the vehicles left the harbor parking lot.

The number of demonstrators at the intersection of North Puunene and Kaahumanu avenues grew to between 200 to 300 by late morning, according to the county. Some entered Kahului Harbor on surfboards and in canoes.

CINDY ELLEN RUSSELL / CRUSSELL@STARBULLETIN.COM Protesters against the Hawaii Superferry held signs yesterday along Kaahumanu Avenue on Maui. Pictured in the foreground is Dave Rasmusson.

More than 20 protesters lined the fences where vehicles disembarked and several held signs along the shoreline.

At least three protesters traveled on the Superferry, unfurling a banner as the vessel docked. The banner had the state motto in Hawaiian ending with a question mark, or, in English, "The life of the land is perpetuated in righteousness?"

Said Hale Mawae, one of the banner holders from Kauai, "We don't want the Superferry to repeal environmental laws and rip off our resources."

Several protesters criticized Gov. Linda Lingle and lawmakers for initially exempting the Superferry from an environmental impact statement.

"I am outraged," said Hannah Bernard, holding a sign saying, "Impeach Lingle."

Scores of law enforcement officers, including a helicopter crew and 14 state conservation enforcement agents, patrolled the water and surrounding harbor areas.

Police said there were no arrests.

Leslie Kuloloio said he was upset that the state closed the Kahului Harbor jetty for much of the morning, shutting down the use of a small boat launching ramp to local fishermen.

"That kind of hurt me," Kuloloio said.

Randy Awo, the state conservation enforcement chief on Maui, said the closing of the jetty was temporary and could continue for 10 days.

"We will be assessing the situation each day to determine if we can reduce or eliminate our presence," Awo said.

The Coast Guard said it had no immediate plans to change the safety zone around the Superferry, including the buoy areas in Kahului Harbor.

Kuloloio said he has never seen so many law enforcement officers assembled on Maui, and he said it was excessive.

Maui County Mayor Charmaine Tavares said yesterday's demonstration was an example of the island's ability to deal with contentiousness while remaining civil.

"This has been quite a challenge to our island, and I'm grateful for everyone's efforts to comply with the law and respect our law enforcement personnel who had to deal with a difficult situation," Tavares said.

Maui Tomorrow Executive Director Irene Bowie said she was pleased with the number of people who showed up at the demonstration, especially because it took place on a workday. Bowie said she expects a larger protest tomorrow morning by her group and several others.

Maui protester Leona Nomura, who brought her grandchildren with her, said Maui needs to slow down and protect its resources and rural lifestyle.

"I don't want to be Oahu," she said. "Everything is not about money."

Riding the Spooker-Ferry

---------- Forwarded message ----------
From: Andrea Brower <andreanoelani@yahoo.com>
Date: Dec 13, 2007 9:40 PM
Subject: [huir] Riding the Spooker-Ferry
To: andreanoelani@yahoo.com


Aloha kakou,

In a press interview today, Girabaldi urged protesters to ride the Superferry and experience all its wonders for themselves. Rather than having you all suffer through the same nauseating experience that I did, I will pass on my story of riding the Spooker-Ferry.

Katy Rose, Hale Mawae and I decided to ride the ferry in order to protest in solidarity with Maui and stage a peaceful banner drop while on board. We arrived at Honolulu Harbor at 5:30 am, and were greeted by 30-40 protesters (Mahalo Aunty Terri, Kyle, and everyone else who helped get people out so early). Upon check in, all three of us were informed that we had been "randomly" selected for full security searches (including pat-downs). To our knowledge, not one other person was searched. It seemed to us that as long as you hadn't been pre-identified as anti-superferry/ pro-aloha 'aina, you were allowed to walk right on with absolutely no screening.

Although every mainstream media outlet that I have seen so far claims that there were 200 passengers on board, all three of us counted somewhere between 50-70. Of these passengers, about half were affiliated with the media. We also suspect that of the remaining 30-40 "real" passengers, many were SF employee friends and family. One Oahu protester that we talked to observed that cars were actually driving in, pretending to drop off passengers, then driving out. HSF Corporation was obviously trying to stage a grander first day back in service than it could pull off.

I don't get sea sick. I love the feeling of rocking around to the motion of the waves--it usually puts me right to sleep. But I got sick. In fact, so did just about everybody on board. Every time I used the toilet there were remnants of someone else's breakfast. The place wreaked of puke. An old lady was lying on the floor of the women's bathroom. Every single person I talked to felt ill. One picture in the Honolulu Advertiser shows passengers sprawled out on the booth seats, supposedly taking nice naps. In actuality, we were keeled over in pain.

We all breathed a heavy sigh of relief when the ferry finally slowed down to enter Kahului Harbor. There were protesters in the water, on the beach, and stretched along the highway. Hale said a beautiful pule, and the three of us let down a 16 by 14 foot banner that read "ua mau ke ea o ka 'aina i ka PONO?" Maui protesters on the beach said that they could hear us chanting the state motto over and over, until Hale, so overcome with emotion, broke into tears. A ferry employee did force us to remove the banner, but he was kind about it. In fact, I should mention that all of the ferry employees treated us very warmly, even after we dropped the banner.

We met many beautiful people on Maui. I can thank the superferry for new friends on other islands, and for sparking a Hawai'i-wide movement to aloha 'aina.

Picture of banner drop:

http://savekauai.org/sites/default/files/sf%20banner%20drop.jpg

---

Fwd: (PNN) The Rabid Reporter- NO LOUD BARKING ALLOWED

---------- Forwarded message ----------
From: Andy Parx <andyparx@yahoo.com>
Date: Dec 11, 2007 8:07 PM
Subject: (PNN) The Rabid Reporter- NO LOUD BARKING ALLOWED
To: andyparx@yahoo.com

 presents...

 

The Rabid Reporter

by Andy Parx

 

NO LOUD BARKING   ALLOWED: When the Hawai`i Superferry (HSf) returns to Maui tomorrow (Thursday 12/12),  the island apparently has no one to blame but themselves- and they have compounded their errors by vehemently banning people who want to perform non-violent civil disobedience from "their " protests.

 

By "their" I mean Maui's three "plaintiffs"- Maui Tomorrow (MT), Kahului Harbor Coalition (KHC) and the Maui Sierra Club (SC).

 

In a flurry of press releases their message is increasingly clear- "illegal" activity won't be tolerated at their once-postponed, Saturdays-only "Rally for Maui" this weekend . When people said they were going to protest the day the boat came back "they" appropriated the Thursday date too as "their" demonstration and strongly declared anyone doing anything "illegal" to be persona non grata at the docks during "their" events.

 

It might be different if the grand tradition of non-violent civil-disobedience (NVCD) never crossed any of their minds. But this was done with extreme intent and after numerous communications from many Kaua`i HSf activists who begged them to at least not condemn NVCD... or better still "shut up about" it" as, one Kaua`i SC member put it.

 

But noooooo. Even after Lanny Sinkin described on the infamous KGMB-TV "FBI" piece a letter he wrote advising those who would be involved in NVCD to consider the 30-years-in-federal-prison legal consequences- and advised them to make out their wills and decide if, in the Little Big Man vernacular, "it's a good day to die"-   he said if people wanted to do that, "god bless 'um"

 

But MT, SC and KHC couldn't wait to run away from NVCD, hence the proviso.

 

You would think they'd guess why the boat's headed for Maui and not Kaua`i. It just may be because the people here on Kaua`i not only have the courage to take direct action against to what many consider a kind of  state-sponsored terrorism,  but the others of us apparently have the courage to not condemn their neighbors who would lie down in the street to block the ferry traffic or even form a water convoy.

 

Kaua`i is pretty much united in saying no to the third world-like corruption of democracy Hawai`i has seen in the HSf debacle, whether they want a stupid ferry or not. One would hope it's the death knell for plantation mentality but that remains to be seen.

 

What with the Maui plaintiffs' 29 conditions that green-lighted Act 2 to go through with no protections by admitting an EIS wasn't necessary before the HSF started,   their lack of an appeal to the State Supreme Court of the circuit court's injunction-lifting ruling and now calling on people to adhere to a joke of a protest process by  corralling them in a free speech zone...it's no wonder.

 

Kaua`i really has no leadership in opposing the HSf... it's just like no one wants it nowadays- whether they wanted it before or not. Some want "a" ferry but you'd be hard pressed to find people who want "this" ferry.

 

Have Maui's people given up or it just their leadership? We'll find out won't we?

 

c 2007 Andy Parx, PNN

 

-----------30--------------

---

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--
John Tyler
toll free 866-530-4117
See
www.jtacpr.com for CPR and First Aid training

www.happyswimmers.com for swim lessons at home and lifeguarding
enrollment/booking link: http://happyswimmers.com/enrollform.html

Serving Los Angeles, San Jose, and Hawai'i Founded  in 1991

Garden Island News letter

Submitted to TGI regarding their Superferry position editorial:

Superferry Bogus Law: What the big print giveth, the small taketh away

Thank you for stating how your paper feels with regard to the issue of the Superferry (Dec 7 editorial). Your prevailing assumption is unknowingly flawed—the one that TGI and for that matter, many people in the state don't know, and should tip the scale for even the Garden Island to err on the side of proponents safeguarding Kaua'i from Superferry's will.

Within the Superferry Bill passed in special session by the legislature, the Governor's hand crafted words through her Attorney General gut the effectiveness of the special law's EIS on Superferry.  What the large print gives, the small print takes away. In the details, and I can point you to them, The EIS to be done only requires AN EXPLANATION of why Lingle will allow each found impact harm. It also doesn't fund more ag inspectors to check Superferry, nor stop Superferry from going at established reckless speeds through whale calving waters.

The new law's EIS is a sham, special interest legislation that has a specific purpose of keeping Superferry going, regardless of the cost.  What prudent, sane society in the first place would allow a large new mode of business to operate WHILE a key test meant to see if irreparable harm would be caused is done?

Please, dear TGI, check out your facts instead of staying ignorant. The Governor's enforcement of her EIS in the new law is purposefully weak.  Then you can clearly join the people holding for the long term benefit of the place we all call home.

Keith Oberman's right-on commentary about Bush/Cheny-Iran-

Maui protests rescheduled to coincide with new relaunch of SF

From: Karen Chun


Phew! Hard to keep up with all these Superferry cancellations and gnarly weather. Possibly Kanaloa is as displeased with killing the 'amakua. For those who are interested, here's the scoop on rallies:

First day of Superferry arrival (currently Thursday, December 13) Give Back our Harbor rally 9am at Ka'ahumanu and Pu'unene. If they change, then the rally changes too.

First Saturday of Superferry operation (currently December 15) Rally For Maui 9am, same place. Again, if they cancel, we move the rally to the new Saturday.

Up-to-date information is available at www.SaveKahuluiHarbor.com. Let's remember that no matter what, we aloha our law enforcement and Coast Guard.

Varroa destructor bee mites are found near Superferry in HNL port area

---------- Forwarded message ----------
From: nunyabus nunyabus <inunyabus@gmail.com>
Date: Dec 7, 2007 9:01 AM
Subject: Varroa mites are downtown and the Super Ferry is in port
To: inunyabus@gmail.com

---------- Forwarded message ----------
From: Maui Tomorrow List <aina@maui-tomorrow.org>
Date: Dec 7, 2007 7:47 AM
Subject: Varroa mites are downtown and the Super Ferry is in port
To: list@mauitomorrow.org

----- Original Message -----

From: Michael M. Kliks, PhD

To: Clift Tsuji ; Jill Tokuda

Cc: Rosalyn Baker ; Marcus Oshiro ; Brian Taniguchi ; Kirk Caldwell

Sent: Monday, December 03, 2007 4:27 PM

Subject: Varroa mites are downtown and the Super Ferry is in port

Aloha Senator Toluca, Representative Tsuji et colleg:  Last Tuesday afternoon, November 26, we removed a large hive of bees that were infestsed with Varroa destructor mites from a pipe flange on the roof of 206 Merchant Street, which is literally a stone's throw from where the Super Ferry was berthed at the time. . . and had been berthed for about 2 weeks.

 

Our concern is that feral colonies close to any port or airport, such as this one,  were to have been removed physically or through the use of attractant or toxicant-baited traps, by the HDOA long ago.  If the HDOA is actually conducting active monitoring and surveillance, and if an effective trapping and extermination program is in place, there should be no more feral colonies in the zoosanitary cordon zones around these sensitive facilities.  Whatever the HDOA claims to be doing, it is not preventing feral hives from existing in, and swarms from entering into, and the sanitary cordon around our ports and airports. 

 

I request that the leadership in the House and Senate agriculture committees, together with industry and HDOA representatives make on site inspections. at the earilest posssible date,  of the current Varroa mite control measures being taken by the HDOA at each of the pier areas of the Port of Honolulu, at Honolulu International Airport, at Wheeler Army Air Base and at other key sites of interisland traffic.  MMK

 

 

--
John Tyler
toll free 866-530-4117
See
www.jtacpr.com for CPR and First Aid training

www.happyswimmers.com for swim lessons at home and lifeguarding
enrollment/booking link: http://happyswimmers.com/enrollform.html

Serving Los Angeles, San Jose, and Hawai'i Founded  in 1991

Adam Harju finally writes editorial on SF, but some key info is off

Finally after much fence sitting, our island newspaper, "The Garden Island" published its feelings on the Superferry issue after receiving many demanding emails of its non-pressing of interviewee John Garibaldi on a radio show yesterday morning.

In the editor, Adam Harju's response, published this morning (below) most of it is helpful, yet he also assumes that Act 2's EIS offers mitigating remedies and that they will be followed and addressed in good faith by the law.  From speaking with the Maui environmental plaintiff's,  we're going to need to clear the air for him and our ignorant Kaua'i community, just how Swiss Cheezy the new law's watered-down EIS through act 2 is, and the Governor's given authority to limit restrictions on  " large capacity ferry vessel" if it poses a danger to it's operating success over long term environmental consequences.

I've asked one of the Maui plaintiffs very familiar with the Act 2 EIS holes to write to that effect to inform Adam Harju of his misinformation.  Maybe too, Gary Hooser or Mina can reveal the holes in a column.  More to come.  At least now we can set the record straight and pick up more supporters of our cause.

   --JT

 

KAUAI Opinion

in our voices - Taking sides on Superferry

It's a pretty precarious fence The Garden Island has been accused of sitting on. And it's a pretty precarious fence the editor of The Garden Island admitted to sitting on during a radio program yesterday.

"Take a side," some in the community demand of TGI in the Superferry saga. From the many calls and e-mails and letters to the editor over the last few months, the newspaper has been accused of taking every side from sycophant to Superferry advertising dollars to emotion-driven, non-fact-based to anti-Superferry rag.

It's less like a fence and more like an asterisk we are sitting on.

After inviting Hawaii Superferry CEO John Garibaldi to appear on TGI's radio program yesterday, the newspaper is now said by some to be the company's puppet willing to run its infomercials. That radio program was arranged after many in the community expressed a deep interest in hearing what the Superferry's plans are here on Kaua'i — that a lack of outreach by the company was further evidence of its bullish ways. Giving the community the opportunity to hear it straight from the source seemed like a good idea. If we are a puppet because Garibaldi did not say what some listening to the program wanted to hear, so be it.

No one must have been listening to the two programs during which those wanting Superferry to adhere to the environmental assessment process were allowed to air their grievances.

The "side" that TGI takes on the issue would be the one that requires environmental impacts be addressed, mitigations required, while not vilifying a company for wanting to do business here. It's the same side that hopes the governmental process that regulates lawful adherence to environmental concerns will hold that company to its definition of environmental mitigation. It's the same side that feels if the government tasked with regulating those concerns does not regulate them, then that government should be voted out. It is the same side that supports the people of Kaua'i, or any people of the state, to voice their concerns if that governmental process is not to their liking.

It is the same side that hopes law enforcement practices the same restraint it did in late August when faced with impassioned individuals lawfully carrying out their right to express those concerns. It is the same side that hears all the arguments that it is not worth 10 years in prison and thousands of dollars in fines, but knows people will be there regardless, and hopes a sense of humanity prevails in all that occurs when the ferry comes into the harbor.

It is the same side that knows an Environmental Impact Statement is being carried out after the state Legislature passed a law saying the Superferry could operate while that happens. It is the same side that would like to have seen an EIS carried out first, but now that it is not required, would trust the system enough to believe there may be a greater reason to get this thing going, and if not — and that comes out after there is some evidence to support it — then the greater good will defeat it through market forces.

It is the same side that believes that any lawful business should get a chance to succeed or fail. It is the same side that hopes this law is not a weakening of the environmental laws in this state, the side that hopes weakening of them is not the direction the state is going. It is the same side that would expect the Superferry people to have learned from what they have gone through and not be reckless regarding what is important to the people of the state.

It is the same side that expects mitigation when the EIS process is complete. It is the same side that recognizes that mitigation is not necessarily linked to a timeline, and can occur in areas removed from where the actual cause of the mitigation need occurs. It is the same side that is sure the EIS process will go through the same community vetting process, and the company will be held to resulting requirements.

It is the same side that acknowledges at some level, in this whole process, there is some admittance to a mistake on the part of state government, and the state is in the process of rectifying that mistake to some degree.

It is the same side that hopes the state is forward-thinking, and uses this saga as a learning experience for how much Kaua'i and Maui care for their islands, and how badly the rest want to visit.