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 »

art
TOM FINNEGAN / TFINNEGAN@STARBULLETIN.COM
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.

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

From: "Jeff Sacher" <jsacher@kona.net>
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!

http://www.reallivemoms.com?ocid=TXT_TAGHM&loc=us

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

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

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.

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

Subject: FW: Superferry potential disaster infor
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('+');>


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'http://seattletimes.nwsource.com/ABPub/zoom/html/
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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&amp;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

_________________________________________________________________
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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.

_________________________________________________________________
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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

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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Sunday, September 2, 2007

Superferry-Military link confirmed in Maui Court

Confirmation everyone, of what we knew....all the while the Superferry was publicly saying (lying): "there's no military plans for Superferry"...  JT
boycottsuperferry.org

Posted on: Sunday, September 2, 2007

Court told delay would hurt Alakai's military usefulness

 •  Hawaii Superferry fought need for EIS

Advertiser Staff



Hawaii Superferry's Alakai has considerable military utility that could be diminished if ferry operations are delayed, a federal maritime official has said.

Sean Connaughton, the administrator of the U.S. Department of Transportation's Maritime Administration, said in a declaration in Maui Circuit Court last week that the Alakai could be used by the military because of its speed and cargo capacity.

The federal maritime administration approved $140 million in loan guarantees for the construction of the Alakai and a second ferry.

Connaughton said the Alakai has been approved for inclusion in the Voluntary Intermodal Sealift Agreement program, which provides the military access to commercial sealift capacity in times of war or national emergency.

Matson Navigation Co. and Horizon Lines, which dominate the state's shipping market, have also participated in the program.

But Connaughton said the military utility of the Alakai could be diminished if it is not used in normal commercial operations.

"Consequently, the military readiness of the nation could be diminished if the Alakai is precluded from sustaining normal commercial operations," he told the court.

Some Superferry opponents believe the Alakai and a second ferry could be used to transport the Army's Stryker brigade vehicles.


Saturday, September 1, 2007

Pictures of the Protest at Nawiliwili, Kaua'i August 2007


No EIS is like risking AIDS

Published in the Honolulu Star-Buletin
August 30, 2007

As one of the Kaua'i protesters of the Superferry, and the director of boycottsuperferry.org, I wish to give a relevant analogy as how O'ahu friends could relate to the motives of the Kauaian family:

What the Superferry has attempted to do without an EA/EIS is like an anxious boyfriend wishing to have unprotected sex, without a preliminary AIDS test, to his new girlfriend (Kaua'i).  The parents, brothers and sisters of Kaua'i are wary of this  "boyfriend", until he gets "tested", and treats their daughter/sister with respect.

As it was, this new boyfriend, said "I don't care, I got exempted by an uncle that the courts said was wrong...I proclaim MYSELF to not carry a disease, and I'll have all the minimally or unprotected sex I want, while telling my new gal, I really love ya".

The Protesters of Kaua'i simply say, "Mr. Garibaldi--prove it in the EA/EIS test that you're clean....then we feel safe that you can date our daughter."  And just because other suitors (Matson, YB, etc) didn't have AIDS tests, as the test wasn't around then, two or three wrongs don't make a right.  You, Superferry, are what--20 times more potent a risk by weekly maritime volume, and can't reliably check the volume of your passenger/cars with the quick turn over that your mode has.  That needs to be fixed too.

And to Mr. Fukunaga/Gov. Lingle, we didn't enjoy you offering to pimp our sister as simply "good for business."

Aloha,
"your upset and empowered Kaua'i relatives"


--
John Tyler
boycottsuperferry.org