Thursday, December 27, 2007

HI Superferry: Report and pics for 12/25/07

These pictures are from 12/25 and 12/26 in the harbor and on the northshore of Maui. Conditions were not bad in the harbor on either day. Swell has to be from direct north to be disruptive in the harbor.

Ship came in late on 12/25 at 10:33am, was offloading by 10:46am. Swell had not arrived by then, but there was plenty of wind and wave out at sea.

Off loading: Only 18 cars from Oahu, 0 motorcycles, and 55 people offloading. On loading: Only 48 cars and 2 motorcycles departing Maui. One suspect car.

With the above numbers the company lost $18,000 on 12/25 considering fuel expense only. Company's fuel expense per round trip to Maui is at least $27,000 to $30,000. Company has to transport 220 cars and 460 people in total for the day to just cover fuel expense for one round trip, otherwise company is better off not running at numbers below that.

Very little security anywhere in the harbor on 12/25. Another observer, a visitor, went up to the gate and talked with those offloading in their cars. They told him it was a "rough" ride.

On 12/26/07 and 12/27/07 Superferry did not operate.

From: Dick Mayer
Subject: A-G-A-I-N + A-G-A-I-N ! !
Date: Thu, 27 Dec 2007 15:17:03

For Friday, and maybe even Saturday:

Voyage Cancellation (Updated: 2:00 pm, 12/27) 12/28 voyages have been canceled due to high sea conditions. Passengers on these voyages will be contacted to make alternative arrangements. Currently, voyage status for 12/29 is marginal."

"Information for Passengers on Canceled Voyage Updated: 2:30 p.m., December 27, 2007
If you were a passenger booked on a canceled voyage, our reservations agents will be contacting you to assist with either rebooking or to obtain a refund. Note that our call center is receiving high call volumes which may make it difficult to get through if you call in."

"Currently, voyages for Saturday 12/29 are considered marginal due to high sea conditions. Status for 12/29 voyages will be provided by 2 PM on Friday, 12/28..."

Aloha, Brad

HI Superferry: News from Mobile, Alabama Shipyard

Union keeps eyes on Austal Shipyard‏
From: Dick Mayer
Sent: Wed 12/26/07 8:37 PM


I thought you may wish to know about this.

Austal USA built the superferry and is now building the second superferry. It seems that Austal does not want union workers.

Were all the Democratic Party legislators aware of that when they passed Act 2, the Superferry bailout bill?


----------- ----------- ----------- ----------- ------------

Union keeps eyes on Austal

MOBILE, Ala. – Sheet Metal Workers International Association Local 441 is continuing its efforts to organize workers at Austal USA, nearly three months after the National Labor Relations Board ruled that the downtown Mobile shipyard broke federal labor laws
in alleged actions linked to a failed 2002 union vote. The company, which can appeal the NLRB ruling to federal circuit court, now awaits a board decision on back pay owed to Austal employees who were allegedly fired because of their union association, said Bill Pfister, Austal’s vice president of government programs. Unionization efforts at Austal date to spring 2002, only about a year and a half after the Australian maker of aluminum-hulled vessels opened in Mobile.
(Source: Mobile Press-Register, 06/13/07)

Sheet Metal Workers International Association Local 441 is
continuing its efforts to organize workers at Austal USA
after the National Labor Relations Board ruled that Austal
broke federal labor laws in alleged actions linked to a failed
2002 union vote. Union officials said that Austal fired
10 employees because of union activities and threatened to
fire all who signed the cards, or to fire everyone if a
union succeeded. Austal has denied those allegations. – PR 6/13/2007

From the NLRB March 21, 2007 decision:

More specifically, we adopt the judge’s findings that the Respondent violated
Section 8(a)(1) of the Act and engaged in objectionable conduct by: coercively
questioning employees about their union sentiments; threatening plant closure,
job loss, stricter discipline, and other unspecified reprisals if the employees
voted for the Union;3 promising or impliedly promising benefits if the employees
rejected the Union;4 giving informal evaluations to three employees because
of their union activity; and instructing employees not to read or discuss
union material during working time.5 We also adopt the judge’s finding that the
Respondent violated Section 8(a)(3) and (1) of the Act by: terminating team leader
Charles Gates because he would not support the Respondent’s position
on unionization;6 refusing to allow Gates to return to the Respondent’s premises
as an employee of a contractor the day after he was terminated; terminating
eight employees on May 9, 2002;7 suspending employee Tony Causey and
terminating him; giving employee Darrell Spencer a 3-day suspension;8 and,
giving employee Hank Williams a verbal warning.9

For complete decision details, see:

Aloha, Brad

Monday, December 24, 2007

HI Superferry: Kahului Harbor EIS: Time to Dissect

Kahului Harbor EIS: My Initial Cuts‏
Mon 12/24/07 1:48 PM

It's a big doc. Finally got it pulled down. Have scanned through it all, focusing on the breakwater alternatives. There are a lot of other things in the doc. to look at, but I will focus on the breakwater improvements.

Neither Alternative Plan A nor B will adequately stop disruptive wave action at Pier 2.

Alternative A would move the Superferry and cruise ships to the far west end behind an in-harbor breakwater and would work for them, but it is the more expensive of the two alternatives at $389 million and would still leave the problem at Pier 2 for those who would be using it.

My guess is the state is angling to chose Alternative A. Alternative B would still leave the current problems for the Superferry at Pier 2(c). Chapter 4 in the EIS pertains to all of this. There are two additional plans presented in Figures 4-8 and 4-9. Figure 4-9 is totally unrealistic in light of surf. Firgure 4-8 is very interesting, although that exact scheme might not work, but it gives ideas for additional breakwater alternatives thusfar not documented and presented by the state. (I will pursue those with some of my own new diagrams when I get time.)

There is also mention in Chapter 4 of the long standing idea of a second commercial port near the the Olowalu shoreline area where dredging took place during WWII that could be used again.

My belief is that none of Alt. A, B, Fig. 4-8, nor 4-9 are ideal and Alt. A and B are both too expensive not to solve the key problem. I think DOT and Belt Collins need to go back to the drawing board and make use of the CGWAVE Model database at CHL of the USACoE to test more senerios for breakwaters, before spending more than a third of a billion dollars on this.

Aloha, Brad

Subject: Kahului Harbor EIS: Time to Dissect
Date: Mon, 24 Dec 2007 13:06:35 -1000

It was made available online to the public two hours ago, although I have had trouble pulling it down:

Aloha, Brad

Sunday, December 23, 2007

HI Superferry: The Goal...JHSV

It's not necessarily a bad goal...just not right for these sanctuary waters. It would be better to just tell it to the people straight.

The Joint High Speed Vessel program is a Navy-led acquisition of a platform intended to support users in the Department of the Navy and Department of the Army. The Joint High Speed Vessel (JHSV) program is a cooperative effort for a high-speed, shallow draft vessel intended for rapid intra-theater transport of medium sized cargo payloads. JHSV will reach speeds of 35-45 knots and allow for the rapid transit and deployment of conventional or special forces as well as equipment and supplies.

The Navy plans to award Phase One preliminary design contracts in early 2008, and a detail design and construction contract in the fourth Quarter of FY08.

See the following links/articles:

Aloha, Brad

Saturday, December 22, 2007

HI Superferry: Surf Forecast Dec. 25-26th...Rock n' Roll

The forecast in the past 24 hours for the second half of the 25th and the second half of the 26th has gotten a lot more interesting in the wave heights and directions. I am becoming confident that operations at Pier 2c will be interrupted by wave action during one or both of those days and possibly also the 24th and 27th. All four days will score high on Dick's 'Barf Index.'
Check these cartoons out:
Aloha, Brad

HI Superferry: Reposting a HI Depleted Uranium blog article

From: "local stuffs list" blog:
Next step in depleted uranium removal a challenge
by Bret Yager Stephens, Tuesday, November 6, 2007 8:34 AM HST

Taking the next step to clean up depleted uranium at Pohakuloa Training Area promises to be challenging in terrain littered with small unexplodedbombs called "dual purpose improved conventional munitions."
Pohakuloa is a rough, dynamic terrain, full of lava fractures -- unlikelevel ground at Schofield Barracks where crews have been able to walk theground with radiation detectors. The unexploded ordnance doesn't haveanything to do with the depleted uranium in question, but it makes theimpact zone hazardous enough that humans aren't allowed to set foot there,U.S. Army officials said.
"The biggest issue is that we have to come up with the technologicalsolution to do the characterization. We're probably going to have to use ahelicopter and come up with an aerial surveying technique," said Col.Howard Killian, deputy commander for Installation Management Command inthe Pacific region and former Army Garrison Hawaii commander.
Despite the challenges, the Army expects to complete a study of DU-contaminated sites and have a report out by next summer.
Contractors for the Army completed scoping surveys this summer, confirmingthe contaminant existance at Pohakuloa and that depleted uranium was firedthrough an obsolete weapons system in the 1960s. The next step --- calleda "characterization survey" -- aims to provide answers about how much DUis at the training area, where it's located and how to get rid of it.
The Army has located four sites where they believe the DU spotter roundswere fired, and four associated impact areas where the rounds would havelanded.
"Based on the location of the pistons that were fired and fell off, wedrew a line back from the pistons," Killian said. "Out on the ground, it'spretty obvious where you would set up."
Killian said there may be more sites, but that won't be known for sureuntil the characterization assessment is complete.
Russell Takata, radiation manager for the Hawaii Department of Health,said the impact areas are finite and the DU is not scattered across thetraining area.
"There's some misinformation going around that it's all over Pohakuloa,"he said.
Takata, who is the Health Department's liaison on the Pohakuloa DUcleanup, said recent characterization surveys of Schofield Barracks shouldyield a health risk report by January or February. Scientists will examinedose and toxicity findings, plus the likelihood of material being carriedin air or water, to create an assessment of the material's risk to humans.
Killian, Takata, State Rep. Cindy Evans, D-Kona, Kohala, and depleteduranium expert Col. Mark Melanson of Walter Reed Medical Center willupdate the public on DU cleanup efforts around the islands and takequestions during public meetings set for Nov. 16-18 in West Hawaii.Killian said the Army will be passing out a booklet detailing the Army'sstrategy for dealing with the DU, answers to frequently asked questions,Web links and points of contact.
Evans, who is chairwoman of the House Committee on Public Safety andMilitary Affairs, met with military officials at the Pentagon in June.
"I told the military if they avoided the issue, people would ask the stateto come down hard," Evans said. "I explained they really needed to meetwith the public and tell us what's going on."
"People just want to know," Evans said. "There's enough information outthere on DU to raise concerns. Now we need to know what they're going todo."
Evans said she'd like to hear a commitment from the Army that it will notuse depleted uranium in any weapons system fired at Pohakuloa in thefuture.
Killian said test results from Pohakuloa dust are expected around themiddle of this month. The Army took 800 samples from seven locations aspart of an environmental impact assessment for the positioning of the 5th Stryker Brigade. The samples were gathered over the past year to see ifdust was exceeding clean air standards.
Since it already had the samples, Killian said the Army decided to testthem for DU as well.
The Army also plans to set up real-time air monitoring that will allow thepublic to do its own monitoring of airborne radiation levels, Killiansaid.
The training area has been quiet lately.
"We don't expect to see a lot of training until next spring," Killiansaid.
He stressed that radiation managers from the mainland have been brought into provide extra oversight and that the State Department of Health has metwith local National Guardsmen to answers questions about DU.
"We're addressing this as a community issue," he said. "It's a difficultissue and we know there's a lot of conflicting information."
=====Gabrielle Welford, Ph.D. freelance writer, editor

How does this related to HSF? The following are the original resolution bills voted on by the HI Legislature that mention using HSF for troop movement between Oahu and the Big Island. The resolutions passed unanimously, without knowledgeable discussion on HSF, Depleted Uranium, Pohakuloa, nor Stryker Brigades:

S.R. NO.




WHEREAS, Hawaii is the world’s only major island archipelago without an interisland ferry system; and
WHEREAS, the Hawaiian market is ideal for fast vehicle and passenger ferries with its 1.3 million residents, 7 million tourists annually and the world’s highest ratio of vehicle-to-population; and
WHEREAS, Hawaii Superferry, Inc. plans to introduce fast, low cost interisland roll-on/roll-off passenger and freight ferry service within the Hawaiian islands in 2006; and
WHEREAS, the fast ferry vessels planned to be used by Hawaii Superferry, Inc. have a proven record throughout the world in transportation, medical evacuation, provision of food, water, shelter, and other civil defense support in times of natural disasters and disruptions in transportation systems; and
WHEREAS, current technology hybrid catamarans have replaced other technologies throughout the world as the vessel of choice for fast short-distance ocean travel, and have over 15 years of proven ocean-going service; and
WHEREAS, the proposed interisland vehicle and passenger ferries will stimulate the Hawaii economy through the creation of approximately 1,000 jobs, increase the annual state gross domestic product by up to $1 billion, lower the cost of living for residents, and reduce the reliance of residents on a single mode of transportation; and
WHEREAS, there is currently available in excess of $25 million of federal funds for the development of ferry infrastructure specifically for the State of Hawaii; and
WHEREAS, the State of Hawaii has built a ferry terminal on Oahu using federal funds specifically for the development of ferry infrastructure; and
WHEREAS, interisland family travel, such as visiting friends and relatives, has become very costly, and as a result, less frequent; and
WHEREAS, a ten year study by the United States Department of Transportation on the impact of Southwest Airlines, the leading low-cost airline in the United States, on 160 domestic city-pairs shows that demand doubles when airfares are reduced by 43 percent; and
WHEREAS, the proposed pricing of the interisland fast ferry will make interisland family travel more affordable and more frequent; and
WHEREAS, Oahu-based Army and Marine Corps requirements for Big Island training is increasing and the fast ferry service will allow increased training at a lower cost and improve the readiness of our troops; and
WHEREAS, the vessels that will be used by Hawaii Superferry, Inc. are environmentally-friendly; and
WHEREAS, the Hawaii Superferry, Inc. vessels will use the cleanest and most energy-efficient marine engines in the world and will exceed the strict new 2007 EPA emissions requirements and burn fuel 100 times cleaner than conventional ships; and
WHEREAS, the Hawaii Superferry, Inc. vessels will have holding tanks that will contain 100 percent of the wastewater which will be pumped into the sewage system in Honolulu for processing and will have ultra-low-flow vacuum toilets and other water-conserving devices; and
WHEREAS, the Hawaii Superferry, Inc. whale avoidance policy is 500 percent stricter than required by the National Humpback Whale Sanctuary with routes concentrated in deep waters where less than 1 percent of whales congregate; its routes are changed during whale seasons; and dedicated whale lookouts and technology are used to avoid the few whales in the deep waters; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-second Legislature of the State of Hawaii, Regular Session of 2004, that the Legislature supports the efforts of Hawaii Superferry, Inc. to establish an inter-island fast ferry service; and
BE IT FURTHER RESOLVED that the Department of Transportation is requested to assist in the expeditious planning and implementation of the fast ferry service; and
BE IT FURTHER RESOLVED that the Public Utilities Commission is requested to expeditiously process any required certification of Hawaii Superferry, Inc.; and
BE IT FURTHER RESOLVED that the U.S. Maritime Administration is respectfully requested to expeditiously process Hawaii Superferry, Inc.'s application for a Title XI guarantee commitment for the construction and permanent financing of the fast ferry vessels; and
BE IT FURTHER RESOLVED that Hawaii’s congressional delegation is urged to request the U.S. Maritime Administration to expeditiously consider Hawaii Superferry, Inc.’s application for a Title XI guarantee commitment for the construction and permanent financing of the fast ferry vessels; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Director of Transportation, the chair of the Public Utilities Commission, the Secretary of the United States Department of Transportation, and the members of Hawaii’s congressional delegation.

Aloha, Brad

Friday, December 21, 2007

HI Superferry: Surf Forecast Dec. 24-27th

Click on images to enlarge. The above images are from Surfline's LOLA model for the second half of Dec. 24, 2007, and for Dec. 26, 2007, and Dec. 27, 2007.

From Pat Caldwell/NOAA: Outlook through Thursday Dec 27. A moderate northwest swell will arrive Saturday night. A larger northwest swell will roll in Sunday night with surf above the advisory level of 15 feet for north-facing shores and near the advisory level of 12 feet for the west facing shores. A small to moderate trade wind swell will continue through next week with surf along east-facing shores staying below advisory levels. Surf heights are forecast heights of the face or front of waves. The surf forecast is based on the significant wave height in the zone of maximum refraction. Some waves may be more than twice as high as the significant wave height. Expect to encounter rip currents in or near any surf zone.

Aloha, Brad

Wednesday, December 19, 2007

HI Superferry: Belt Collins Latest Work


Belt Collins: Harbor EIS...Indication of their work‏

The state DOT/Belt Collins filed the draft EIS on the Kahului Harbor 2030 Master Plan with the state Office of Environmental Quality Control on Dec. 12, 2007:

Already I can tell they do not have enough breakwater improvement alternative plans in the study. For the breakwater improvements they only show two alternatives, both of which are almost the same, neither of which is optimal. They did not adequately draw upon the USACoE studies. There are better alternatives for new layouts of the breakwaters. I may ask Jonathan to help with some graphics to show some better breakwater layout alternatives.

This is interesting if this is an indication of the kind of work that Belt Collins does as they are doing the EIS for the Superferry. Their web page is:

Aloha, Brad

Tuesday, December 18, 2007

HI Superferry: Re: Pualaa's Manifesto and Research For Jonathan

Wind Energy: Re: The Denmark Model of Wind Power

Submitted on Tue, 12/18/2007 - 11:52pm.

After Pualaa's statement, Jonathan Jay wanted me to start researching this. Here is a start:

Winds of Change: A comparative study of the politics of wind energy innovation in California and Denmark
January 19, 2004
A review by Paul Gipe

Winds of Change by Rinie van Est is a masterly work of meticulous research that could well become a classic in its field. It should be required reading for all energy planners, and energy industry leaders alike.

Rinie van Est, both a physicist and political scientist, specializes in the field of innovation and technological diffusion. He works for the Rathenau Institute, the Dutch parliamentary technology assessment organization.

I've been long remiss in posting even a brief review of Rinie's book, his doctoral thesis on how and why small Danish farm implement manufacturers outproduced the giants of the aerospace industry in developing wind turbines. It was Rinie that introduced me to Steven Borish's book, Land of the Living, as well as Den Internationale Højskøle in Helsingør where he studied Danish.

I relied heavily on Rinie's work and that of Peter Karnøe in the chapters of my book Wind Energy Comes of Age dealing with the rise of Danish wind turbine manufacturers and the failure of the expensive U.S., German, British, and Swedish wind energy programs.

The success of grassroots or bottom-up technology development and the failure of top-down or centrally directed research and development is all documented between the two covers of Winds of Change.

Winds of Change offers the best scholary history of early wind development in California and Denmark available anywhere. More imporantly Rinie places these developments within their political and cultural context. For example, he explains the backround of the great California wind rush by exploring the history of the "yeoman" farmer in the United States and the rise of the Robber Barons at the end of the nineteenth century. Few other writers, with the exception of Rober Righter in his Wind Energy in America, have attempted such a broad sweep. That Rinie van Est pulls it off in engagingly written English is nothing short of amazing. (I have trouble with English and it's my native tongue.)

Winds of Change: A comparative study of the politics of wind energy innovation in California and Denmark by Rinie van Est, ISBN 90 5727 027 7, paper, 364 pages, US$29.95, 1999. Available from International Books, A. Numankade 17, NL-3572 KP Utrecht, The Netherlands, Phone: +31 30 373 18 40, Fax: +31 30 273 36 14.

Table of Contents
List of Abbreviations
List of Figures
I Introduction
1.1 Why Wind Energy Innovation?
1.2 The Seemingly Seamless Innovation Web
1.3 Outline of the Book
1.4 Methodological Approach
Part One: The Story of Wind Energy
2 California: Common Sense Wind Energy
2.1 The Arrival of the E-word
2.2 Solar California
2.3 Independent Power
2.4 The Wind Farm Rush
2.5 Entrepreneurial Modernization
3 Denmark: Living Wind Energy
3.1 Breaking the Environmental Silence
3.2 The People's Democracy
3.3 The Wind Turbine Export
3.4 Home, Sweet Home Market
3.5 Ecological Modernization
Part Two: The Political Game
4.1 Policy Beliefs and Learning
4.2 The Dynamics and Statics of Policy
4.3 The Plan of Part Two
5 Policy Change and Learning
5.1 Policy Change in the Field of Renewable Energy in California
5.2 Policy Change in the Field of Wind Energy in Denmark
5.3 Comparative Conclusions
6 Policy Tradition and Learning
6.1 American Political Traditions
6.2 Danish Political Traditions
6.3 Change in National Political Culture over the Last Three Decades
6.4 Comparative Conclusions
Part Three: The Innovation Game
7 A Theoretical Framework of Innovation, Tradition and Learning
7.1 Innovation Networks and Learning
7.2 The Dynamics and Statics of Innovation
7.3 The Plan of Part Three
8 National Innovation Traditions
8.1 American Innovation Traditions
8.2 Danish Innovation Traditions
8.3 Politically Desired Wind Energy Innovation Networks
9 Unraveling Wind Energy Innovation
9.1 The Federal Halfway Measures
9.2 California: Common Sense Wind Energy Innovation
9.3 Denmark: Living Wind Energy Innovation
9.4 Comparative Conclusions
Part Four: Conclusion
10 The Intelligence of Innovation
10.1 The Intelligence of Politics
10.2 The Politics of Wind Energy Innovation
10.3 The Intelligence of Innovation
II Wind Energy Futuribles
11.1 California's New Wave of Environmental Passion
11.2 Denmark's Power of Openness

Here is a google search for more info. on this:

Aloha, Brad

Monday, December 17, 2007

HI Superferry: Report and pics for 12/17/07‏

This is the last of these daily reports. Will only do it intermittently from here out:

Aloha, Brad

Sunday, December 9, 2007

HI Superferry: Maui Surfrider Foundation Calls for Protests

Maui Surfrider Calls for Saturday Super Ferry Protest- 12/07/07 09:16 PM


The Surfrider Foundation Maui Chapter is calling
ALL Watermen and Waterwomen,
ALL Harbor Users,
ALL Surfrider Members and Supporters,
ALL Citizens fed up
with the under-handed tactics
of the government to subvert environmental laws
and close Kahului Harbor to Maui's water people to:

BOYCOTT the ferry and the freight it brings
BLACKLIST all lawmakers who voted for it

9 A.M., SAT., DEC 8 PROTEST 101
Meet at the beach in front of the canoe hale. AKAKU will film rally organizers marking off areaswhere protesters will be legally allowed to stand on land,hold signs and where it is lawful to occupy the small slice ofocean allowed for harbor users when Superferry is in port.All are welcome to join this practice run -and view it on AKAKU all week long.Spread the Word...

Meet at Ka'ahumanu & Pu'unene
If the Superferry arrival is postponed again, the date of this rally will change to the first date the Superferry comes to call in Kahului Harbor.

Meet at Ka'ahumanu & Pu'unene
This rally will move to the first Saturday after HSF comes if postponed.

Be ready at a moment's notice. TBA.
BOYCOTT the ferry and the freight it brings
BLACKLIST all lawmakers who voted for it


Aloha, Brad

HI Superferry: Lingle Expected Back on Kauai 12/12/07


POSTED: 9 DECEMBER 2007 - 2:30pm HST
Lingle to be on Kauai on Wednesday 12th

image above: poster created by Juan Wilson from Fernando Botero "II Nunzio"

by Jonathan Jay on 8 December 2007


WHAT: 2007 Annual Humane Society Membership Luncheon

WHEN: Wednesday, December 12 11:30am – 1:00pm

WHERE: at ResortQuest Kauai Beach at Makaiwa (650 Aleka Loop, Kapaa – just north of Coconut Marketplace).

WHO: Governor Linda Lingle - Guest speaker

SUBJECT: on Protecting Pets in Hawaii.

INVITED: Must be a current Humane Society member to attend.

COST: $35 per person.

Please RSVP to Denise at 632-0610 by Friday, December 7, 2007.

phone: (808) 632-0610 fax: (808) 632-0727

Linda Lingle will be on-island this Wednesday, December 12, to be honored by the Kauai Humane Society. This is a plum of an opportunity to let her know how we feel about her inexcusable conduct.

December 12, Governor Lingle will discuss state issues onher monthly radio show. Listeners are invited to call 808-521-8383 from O‘ahu or 888-565-8383 from the Neighbor Islands with questions and comments.
The show can be heard live statewide on O‘ahu (KHVH 830 AM), Maui/Kona (KAOI 1110 AM), Hilo (KPUA 670 AM), and Kaua‘i (KONG 570 AM)."

Aloha, Brad

HI Superferry: What might be expected at Kahului and Nawiliwili Harbors?

From: Juan Wilson of Kauai

I remember the demonstrations at 2004 Republican Convention in New York City. Both my kids were there and saw first hand the dark side of regulated demonstrations in designated areas behind concertina wire. See for a Maui mother's account.

I have seen many demonstrations over the years. They seem to fall along a gradient of more intense resistance to authority.

Here are six levels of the gradient of resistance to an injustice.
1) legal, permitted, regulated demonstration in designated area
2) unpermitted, unregulated but legal public demonstration
3) nonviolent civil disobedience (willing to be arrested and take consequences of actions)
4) nonviolent illegal action (avoiding arrest and consequences)
5) resistant illegal action (unwilling to be arrested)
6) violent resistance (willing to use force against injustice)

I hope, for now, we and Maui can take a variety of actions that range between 1.25 and 3.25 on this scale. I am not looking for cracked heads, but enlightened ones.

Juan Wilson
Kauai HI

HI Superferry: Current Unanswered Questions?‏

HI Superferry: Current Unanswered Questions?‏

Well, I checked all of the surf forecasts that I know of, and it looks like no big surf activity through Dec. 15. BTW, the Superferry is not operating until the 13th because the pier-barge is being repaired; that is about two weeks already in which it might have been operating, which is already above the average rate expected of 37 days per year, mainly because the pier-barge design by the state is inadequate for the circumstances. On average as many as 10 to 12 bad surf days per month can be expected at Pier 2(c) over the next 2 1/2 months. But, anyway, for now, I don't think surf will interfere on the 13th, 14th, and probably not the 15th, although surf direction may change that day.

I was reviewing Act. 2 and Lingle's conditions last night and I was reminded of a few key points:

First, there is suppose to be an oversight task force made up of state, Superferry, environmental and cultural representatives to track voyages and provide monthly reports to the Legislature starting at the end of December. Where's that frickin' task force? They have a report due in less than 3 weeks.

Second, there is also suppose to be a rapid risk assessment team, possibly chosen by Belt Collins that would report to the state Department of Transportation. Who's on the rapid risk assessment team; does it even exist yet? And Belt Collins, why aren't we hearing about their environmental assessment so that the public can respond?

Third, Linda Lingle said that she forgot to include restrictions on bee equipment to deter the spread of varroa mites from Oahu to the outer islands. There was an incident in that past week with such mites found in a hive only a few blocks from the Superferry. Where is the new condition? Is there a new version of the Executive Order conditions that Linda Lingle has not released to the public?

Fourth, Linda Lingle said she would ask the Legislature for more money for inspections and enforcement officers for DLNR and Dept. of Agriculture. We need those additional DLNR officers here on Maui at the harbor now, not 6 to 12 months from now.

Fifth, there is suppose to be a state investigation into "why the $300 million Superferry operation was granted an exception to Hawaii's environmental laws in the first place." Where's the investigation? How come we are not hearing anything about it?

Lastly, how much have the last three repairs (and tugboat expenses) to the barge and Pier 2(c) cost the state and where is the money coming from?

Is Linda Lingle waiting to see if the Superferry gets through the first few days of operations? Does she know something we don't know?

Aloha, Brad

P.S. Scott Mijares of Kauai has called my attention to the following, oh boy:
Here you go Scott, I had a little difficulty finding them at first:

Saturday, December 8, 2007

HI Superferry: Price Comparison after the Specials

Monday, December 03, 2007 Post-intro-fare Superferry is no bargain by Larry Geller.

Thanks to Dick Mayer for the suggestion to do a test booking (see graphic).

For that price, I want my own stateroom and a seat at the Captain's Table.

Technorati Tags: ,
posted by Larry @ 12/03/2007 10:00:00 PM

The fare for those 2 days on Aloha Airlines including taxes is $109.80, a saving of about $44 per person! # posted by dick : 10:12 PM HST

Aloha, Brad

HI Superferry: Effort at Community Outreach on Kauai

The following report is from Jonathan Jay, a participant in the meeting:

POSTED: 2 DECEMBER 2007 - 10:45am HST
Da Garibaldi Report
image above: Scene from Scoobie Do "And we’d already be sailing if weren’t for those damn kids!"
Peace Talks Begin to Begin on Kaua`i by Jonathan Jay on 1 December 2007 rev 3.0 071206[NOTE: Several astute web surfers have noted the seeming irony of my signature appearing on a open letter that went around last week – one that promised NOT to negotiate with HSF: "We...respectfully decline to participate in any of the reported 'outreach' efforts of the Hawai‘i Superferry" etc. What then was I doing in this meeting?Although I was initially supportive, Andy Parx - the primary author - and I had a respectful difference of opinion, and so I unsigned. No hard feelings. Unfortunately, several editions of the letter had already been sent out, and the result of that is what some saw. I absolutely do respect the ‘talk to the hand’ position, I just don’t fully share it. I did see value in attending the meeting with Mr. Garibaldi to convey info from this meeting to other members of the community, such as yourself via this article. Had I not attended, there would be no article below, and we would still be ‘in the dark.’]
Poor guy. He’s rich, he’s powerful, he’s white, the CEO of a major corporation, Military friends in high places, the Governor in his back pocket, a compliant legislature & yet his boat is still not sailing, all for tiny Kaua`i. Because of the “spooky” events of the 26th and 27th of August, and the directives of the legislature, last week he FLEW over from Oahu to try to set the stage for future meetings with community leaders. “We are willing to spend as long as it takes” to ‘smooth things over’ and allow for the “hopeful one day return” of the ‘Alaka`i’ (the first of of five planned vessels, named appropriately enough ‘Leader’ in Hawai`ian) to Kaua`i. You almost want to feel sorry for him. He faces challenges that most people can’t understand – like thinking he should get his way all the time - just because he always has. Poor guy.And we’d already be sailing if weren’t for those damn Kaua`ians!.Who was there: Former Mayor and present Kaua`i County Council Woman JoAnn Yukimura, lifelong resident and Anti-Over-Development activist Teddy Blake, anti-capitalist and HUI-R participant jonathan jay, & of course, (Large Capacity) High Speed Ferry Corporation CEO, Mr.Garibaldi.Some of what he had to say for himself: There is “NO date set for the return of the SuperFerry to Kaua`i.” “I do not have an agenda.” “I have come here to listen.“ “We want to avoid a lose-lose.“ When we were here last time, “things were out of control.”“It was scary – it was spooky”.“People were placed in danger” (note use of passive verb form). “Safety is our primary concern.” The events of the 26th & 27th were “no way to enter a new market”And so here was the CEO of the “High Speed, Large Capacity Ferry” corporation handing out business cards to strangers on Kaua`i, doing the ground work to get meetings with community groups on Kaua`i, willing to be receptive. Willing to listen. About to get an earful.Some of what we said: The three of us meeting with him told him flatly that he had a huge credibility problem, that the issue wasn’t just superferry vs. no superferry, but right process, that there was massive distrust due to the past actions of the HSF, that the community he needed to focus on was the community which has been insisting on an EIS First and adherence to the law in good faith; that the HSF was responsible for dividing the Kaua`i community and the Honolulu—neighbor island community, and that the way to begin was with a genuine apology to the people of Kaua`i for disrespecting the community and the process. We also said there should be no superferry run until a mediation process that would involve all stakeholders — including leaders who oppose the Superferry and who have been demanding an EIS first. It also needs to include Dept of Ag and DLNR, Police, etc. He seemed open to this.As a ‘personal favor’ I stated: a significant gesture of credibility restoration would be for the HSF to emphatically disavow the outrageous socially caustic statements being made by Oahu AM Radio shock-jocks like Rick Hamada and Mike Buck that people in Kaua`i were ‘just crazy’ and that the folks in the water were little more than ‘Thugs and terrorists’, to bring the Governor in with him in that process while also clearly acknowledging the legitimacy of the concerns of Kaua`i protestors publicly. Does it help to make these kinds of issues personal? What the heck. JoAnn and Teddy concurred.We told him flat out, that until these things were done, there was no one on Kaua`i interested in hearing anything he had to say at all. And that even if they did, there would still be people who would never talk to him. We commended him for coming over to listen, instead of trying to come over here and tell us what the deal was going to be. We asked him, why it was that he had waited until now. We told him that as part of HSF’s apology they should admit they made tremendous mistakes in their first effort. He began to quibble with that characterization, but we simply stated the record clearly shows their first approach didn’t work very well. At all. Handy thing, that record. So, what was different now? He said the events of the 26th and 27th was THE REASON WHY. As we all know, those evenings were a Public Relations nightmare for HSF, but also for many other Hawaiian businesses that depend on tourism too. The news stories that reverberated out of here with photos of Riot cops were the equivalent of hundreds millions of dollars of anti-advertisements across the nation for Hawaiian vacations. “Honey – lets go spend two weeks in the tropical security zone!” Not. Significantly, HSF must have gotten quite an earful from the greater Hawaiian business community to stop rocking the boat – immediately.He also said back at that time they had a boat under construction, and certain milestone dates needed to be met or the project would collapse. Those factors forced their hand, he said. However, Mr. Garibaldi had no good response to our pointing out that once again they have a (second) boat under construction. That one just dangled. Bottom line he said was they wanted no more incidents like the 26th and 27th. “It was not worth it.”That works for me.Teddy Blake, a local community anti-over-development leader in the Koloa district tried to explain to Mr. Garibaldi the feelings and perspectives that motivated many to question the ferry, and why, when those questions went unanswered, but the process continued to churn forward, they became increasingly furious. I personally learned a lot listening to Teddy about locals’ concern of over-exploitation of the local resources, but Garibaldi interrupted him several times to tell him he was “there to listen.” ?Huh? He actually made that statement a number of times over the course of forty minutes – mostly when we were telling him things he extra did not want to hear.
Listening to his words, and closely watching his mannerisms, it seemed clear, that even though HSF had prevailed in kangaroo court as well as the dog and pony legislature, Mr. Garibaldi understood that he had to be here talking to folks, but he really did not understand why.
At one point he even halfway almost apologized – but… didn’t. Couldn’t? I suspect he may not know how, perhaps never having had to. As our meeting closed, and he prepared for his next meeting with Councilmember Tim Bynum, I shared with him this little analogy:When you go over to someone’s house, they often have a little plaque outside the front door over a pile of shoes and slippers that says something like “Hawaii Style: Aloha! Please take off your shoes It is our way. Mahalo” Even though that sign does not legally mandate or require you to comply, virtually everyone does so anyway, because it is the right thing to do – it is polite and respectful - plus if you don’t, you are an asshole.“Do you want big muddy footprints all over your rugs in your house, Mr. Garibaldi?” Neither does Kaua`i. Neither does Maui. Nobody does.

Aloha, Brad

P.S. It is my opinion that "hear to listen" in the manner used means "not here to act upon what is proposed."

HI Superferry: Recap of Events

For those who have not been following it closely, here is a pretty good recap of events by Lanny Sinkin:

Those of us participating in this university without walls are privileged to have access to information and dialogue with people who are actively seeking to understand what is happening. From that dialogue, an understanding can emerge that produces an informed plan addressing the current situation in a creative way. With that plan, we can direct our actions toward achieving the world we would like to see for ourselves and those coming after us.
This paper examines some of the specific sources of information available to us in greater detail to broaden our understanding and perceptions. There will even be some homework that participants can undertake on their own time.
The Superferry is offering an opportunity for the general community in Hawai’i to examine and learn about their current form of government at both the national and local level.
Let’s review a key part of the history. While most of you are familiar with the events discussed in this section, a review of those events is a useful to highlight the issues of concern.
Those who entered the water in August to block the entrance of the Superferry into Nawiliwili Harbor on Kaua′i acted to enforce the law (Hawaii Revised Statutes Section 343) and the Hawai′i Supreme Court’s decision in the Sierra Club case. \\
The law and the decision required the State of Hawai′i to prepare an environmental assessment (EA) for the harbor improvements made to facilitate the operation of the Superferry and for the operation of the Superferry. The law is explicit that such a requirement meant that the EA had to be completed and accepted by an appropriate state official prior to any further implementation of the Superferry project – the now well known “condition precedent” provision.
There is no ambiguity in the law. The Supreme Court had earlier ruled that the “mandate [to first prepare the environmental documentation] is clear” and expressed in “plain language.”
Contrary to the law, the Supreme Court ruling, and the Supreme Court’s prior rulings, the Governor, the Attorney General, and the Director of the Department of Transportation took the position that the Superferry could begin operation while the state prepared the EA. There was absolutely no basis in the law for such a legal position.
The state officials knew the meaning of “condition precedent. For example, the same officials objected to a law proposed prior to the Sierra Club decision that would have required the preparation of an environmental impact statement (EIS) for Superferry operations. The basis of the objection was that such a requirement would be a condition precedent to any operations of the Superferry and, therefore, prevent Superferry from operating until the EIS was completed and accepted. Those same state officials then claimed not to understand the Supreme Court ruling.
On August 26 and 27, when the Superferry came to the Kaua′i Harbor, those who understood what the Supreme Court had ruled greeted the ship with signs saying “EIS First.” Those who jumped into the water acted on the basis that the Superferry had no legal right to come into their home.
The citizen law enforcers experienced arrests, seizures of property, and other law enforcement actions that were in fact illegal in themselves.
By following the lead of state officials acting illegally, these law enforcement personnel exposed themselves to legal liability for false arrest, theft, robbery, assault, battery, and other charges stemming from the illegal nature of the Superferry operation.
Frustrated by the citizen law enforcers, the Governor organized a Unified Command composed of federal, state, and local law enforcement prepared to force entry in the Nawiliwili Harbor for the Superferry.
The Unified Command then proceeded to engage in threatening the citizen law enforcers with further arrests, imprisonment, and fines backed by the threat of force. Those actions violated the state prohibition on terroristic threatening.
The Unified Command announced its intention to implement the forced entry plan on September 26. The Governor came to Kaua′i to further pursue the Unified Command’s efforts to intimidate the citizen law enforcers.
The explosion of outrage from the citizens that greeted the Governor led to the cancellation of the September 26 plan.
On October 9, the Second Circuit Court in Maui entered an injunction preventing any further operation of the Superferry in Maui harbor until the EA was completed. That injunction enforced the Supreme Court’s decision. The judge found that there was no possible interpretation of the law (343) other than that the “condition precedent” provision meant precisely what the citizen law enforcers understood the provision to mean – no EA, no operation.
Important to note here is that the Superferry and/or the state could have come into the Maui court and taken the position that they understood the law and that Superferry had no intention of operating until the EA was completed. Had they stipulated to that position before the court, there would have been no need for an injunction.
Instead, the State and Superferry tried to reargue the Supreme Court case before the Circuit Court. Such an effort violated the legal structure of the judiciary, where the Supreme Court is the highest court and lower courts are bound by the rulings of the highest court. Lower courts are not empowered to reconsider or reverse a decision of the highest court.
A Deputy Attorney General gave an interview in which he stated that he had contacted all the judges involved in Superferry cases to encourage them to take a broad view of their discretion to allow Superferry to continue operating. Such contact is forbidden under the disciplinary rules.
While, for whatever reason, the Circuit Court judge permitted the State to make their arguments for reconsidering the Supreme Court decision, ultimately the Circuit Court judge found he was “compelled” to follow that decision and entered the injunction.
The effect of that ruling was to confirm that the actions taken to facilitate the operation of the Superferry in the period between August 23 and October 9 constituted illegal acts. In making the ruling, the judge also found that the operation of Superferry could inflict irreparable damage on “natural resources, protected species, increased introduction of invasive species, and causing social and cultural impacts.”
During this period, the highest government officials and Superferry engaged in a propaganda campaign designed to deflect public attention from the illegal operations and portray Superferry as the victim of a delayed Supreme Court ruling and environmentalist obstruction.
The attack on the Supreme Court led to a highly unusual issuance from the Court of an explanation regarding all the other cases decided in the time period at issue. Even more unusual, a Court officer issued a statement directly challenging the Governor’s attack on the Court as an attempt to undermine confidence in the judiciary.
With the entry of the injunction in Maui, the Unified Command abandoned any further attempts to force entry into Nawiliwili Harbor.
Of importance to note here is that at that point the Governor was already disqualified from holding office by her participation in an illegal conspiracy to violate a Supreme Court ruling and the law. This disqualification was particularly called for by the fact that her actions had led to the commission of numerous offences against the people on Kaua′i.
Of even greater importance is that the Governor was not being held accountable for that action.
While the media reported the conspirators position that the Superferry could operate while preparing an EA and reported the views of people arguing that the Superferry should not be operating, not one media outlet ever confronted the Governor, the Attorney General, or the Director of the Department of Transportation with a simple question: What is your legal authority for stating that Superferry can operate while preparing an EA? Asking that simple question and persisting in seeking an answer would have revealed the absence of any legal basis for the position, put a stop to the entire illegal operation, and called attention to the need for corrective action against the government officials involved.
This stark failure on the part of the media is an indicator of greater issues we face at this particular point in the history of the United States and Hawai′i.
With the Attorney General participating actively in misrepresenting the law and facilitating the conspiracy to violate the law, there was no law enforcement body in the State acting to enforce the law.
The Attorney General’s deliberate misrepresentation of the law constituted a violation of the Hawai′i Rules of Professional Conduct governing attorneys. The Attorney General’s participation in the Unified Command’s efforts to intimidate the people of Kaua′i constituted terroristic threatening, which is a felony. The failure of the Attorney General to prosecute those violating the law constituted obstruction of justice.
The highest law enforcement officer of the state willingly engaging in such acts is an indicator of larger issues we face.
Numerous law enforcement agencies blindly followed the lead of the conspirators and committed numerous civil torts and criminal acts as noted above.
This stark failure on the part of law enforcement agencies and their willingness to act against people trying to enforce the law, whom they should have been protecting, is another indicator of greater issues we face.
The Governor then turned her attention to the Legislature. She called a special session to overturn the Supreme Court decision and allow Superferry to operate while preparing an EA. The Attorney General wrote a law to achieve the Governor’s purpose.
The propaganda campaign had convinced many citizens, particularly on O′ahu, that the Superferry was simply a wonderful convenience to go visit ′ohana on other islands. The concerns about environmental damage the Superferry would cause were relegated to environmentalist obstructors. O’ahu had been divided against the outer islands. The propaganda techniques used to achieve these ends are a subject worthy of a separate study.
The Legislature showed no interest in examining the actions taken by state officials and the Superferry in the period between August 23 and October 9. A proposed impeachment resolution based on those actions did not find a single legislative sponsor.
The failure of the Legislature to examine the illegal conduct of Executive Branch officials and take corrective action is an indicator of another larger issue we face.
The Legislature passed the Superferry Law.
The Attorney General rushed to the Circuit Court in Maui and convinced the judge to find the Superferry Law constitutional, lift the injunction, and allow Superferry to operate without preparing an EA.
So given that context and background, let’s examine some recent developments in greater detail.
Jim Albertini and I wrote a letter addressed to those who might be considering reentering the waters to block Superferry. The intent of the letter was to be sure that such a decision would be made with a clear view of the potential consequences. Considering the consequences is an obligation of those engaged in non-violent civil disobedience. Based on the changed legal situation, those entering the water would no longer be enforcing the law. Given the Unified Command still existed and now had legal authority to act on behalf of Superferry, the potential for a serious confrontation existed.
The letter basically stated: If you are not prepared to die, through accident or excessive force by law enforcement; not prepared to go to prison for a long period of time; not prepared to pay a high economic price for being arrested; and other wise not prepared for the many serious consequences that could result from entering the water, then don’t go in the water. The letter presented those consequences in stark and even dramatic wording to drive the point home.
The propaganda machine went into high gear to portray the letter as encouraging people to break the law and engage in violence. The outlaw Attorney General jumped in to register his concern that Jim and I were promoting breaking the law. This example of the big lie technique is another indicator of greater issues we face.
The controversy created by the letter brought greater illumination to the current state of affairs.
One television anchor called the letter “radical” and “inflammatory.”
In a later exchange of views, he clarified his use of the term by the following statement: “’Radical’ implies that the [Albertini/Sinkin] letter is outside the mainstream and critical of the current political situation."
Look closely at how the “radical” label, intended to be pejorative and stigmatize those to whom the label is applied, is defined as including everyone that is outside what the media defines as the mainstream and critical of the actions being taken by established authority. How easily the party line becomes the only acceptable truth and anyone refusing to accept that truth becomes an enemy of the state.
This simple definition and application of a term illuminates another serious issue we face.
A lawyer within the Coast Guard legal team, perhaps assisted by psychological warfare specialists, provided us with one of the best teaching tools to date – the publication in the Federal Register of the new security zone for Maui.
Let’s examine in some detail the passages below from the Maui Security Zone Rule adopted on November 21 and published on November 28 in the Federal Register.
The main obstruction tactic employed by waterborne protesters in Kauai in August 2007 was to physically place themselves directly in the path of the HSF as it attempted to enter the harbor. Several obstructers ashore threw rocks and bottles at U.S. Coast Guard personnel. These actions are dangerous not only to the obstructers themselves--some of whom used or incited children and juveniles in support of their obstruction efforts--but also to the HSF, its passengers and crew, and law enforcement personnel working to ensure the vessel's safe passage.
The essential missing element in this description of the events in August is the illegal nature of the Superferry operation at that time. Once that fact is acknowledged, the false nature of the passage is revealed. A rewrite demonstrates the change.
Operating illegally, the Superferry and its Coast Guard escort created a confrontation in Nawiliwili Harbor with citizens attempting to enforce the law. The main tactic citizen law enforcers used to enforce the law was to physically place themselves directly in the path of the HSF as it attempted to enter the harbor. The law enforcers made no attempt to directly contact the vessel; they only placed themselves peacefully in the path of the vessel. Several overzealous people on land threw rocks and bottles [exaggeration] at the outlaws. The citizen law enforcers placed themselves in physical danger in their attempt to enforce the law. In the spontaneous response to the outlaws, children joined in the law enforcement effort. The actions of the citizen law enforcers forced the Superferry to withdraw.
Then the Albertini/Sinkin letter is brought into play.
Groups opposing the lawful operation of the HSF continue to vow to impede its transit utilizing these same dangerous tactics. These opposition groups have started several internet forums to encourage and coordinate support for their efforts. The danger such obstruction tactics pose is illustrated by an article posted on November 5, 2007, on, a popular Web site for Hawaiian surfers. In this article, two prominent opposition members urge those who oppose the operation of the Superferry to take ``the last step of non-violent resistance,'' and prepare themselves for the possibility of ``physical injury or death'' that may result from obstructing the Superferry. These preparations include making the ``proper arrangements,'' preparing a ``last will and testament'' and engaging in a ``cleansing ceremony to prepare your body, mind, and spirit to greet the Spiritual Hierarchy that awaits your return.'' The letter goes on to say that, ``[t]here is also the possibility of accident in the turmoil of numerous boats, swimmers, and surfers in an ocean environment. In that sense you have to be prepared at the level of the Native American who decided when it was `a good day to die.' ''
The Coast Guard cannot disregard such adamant safety and security threats.
After Jim and I sent out our letter, I went to Kaua′i and visited with many of those who participated in the August blockade. Even before receiving the letter, every one of them had already reached a conclusion that the changed legal situation made returning to the water an inappropriate tactic. They understood and appreciated the letter as calling upon them to take a hard look at potential consequences in making their decision.
In the hearing on the lifting of the injunction, Isaac Hall did say that he was concerned that people might respond to the lifting of the injunction by returning to the water. He made that statement based on his concern for the well being of the people, not on plans he knew to be underway.
So what we have is the creation of an “enemy” by the propaganda machine in order to justify the declaration of limited martial law in Kahului Harbor. The nature of the “enemy” becomes more clear in the following passage:
Notwithstanding the fact that the HSF [Hawaii Superferry] did not face waterborne obstructers in Kahului Harbor during any of its commercial voyages there, recent intelligence and assessments by the Maui Police Department indicate a substantial likelihood that certain elements in Maui, disaffected by the process that led to adoption of Act 2 and vacation of the injunction, plan to adopt the dangerous tactics used by the obstructers in Kauai in an effort to prevent the HSF from safely arriving in Maui. Individuals and groups have organized rallies and started several internet forums to encourage and coordinate support for their efforts. The dangerous and unlawful intent of these individuals and groups is clear, as is their resolve.
First of all, the November 24 Honolulu Star Bulletin reported the following:
Federal, state and county officials are talking about whether to expand the security zone around the Hawaii Superferry when the ship returns to Kahului Harbor next Saturday, the U.S. Coast Guard said.
But any security measures will be different from those established on Kauai after protests turned the ferry around in August, said Coast Guard Lt. John Titchen.
'It's not fair to compare the situation in Kahului to Nawiliwili,' Titchen added. 'I think you're looking at two very different situations.'"
Yet the security zone adopted for Maui is more extensive than the security zone adopted for Kaua′i. The Coast Guard’s public relations representative misrepresented the truth of the situation through the media to the public.
Now look closely at that passage from the rule.
The security zone is justified by "[r]ecent intelligence and assessment by the Maui Police Department. Basing action on “intelligence" claimed, unpublished, beyond public review or discussion is a useful way to manufacture legitimacy.
Then that "intelligence" determined that "dangerous tactics" will be used. Of course, the only real danger in Kaua'i was to those who risked their physical well being to enforce the law against the outlaws entering the harbor. Peaceful, non-violent disobedience is characterized as a “dangerous tactic” to further manufacture legitimacy for any counter measures the state decides to take.
Now we get really interesting. "Individuals and groups have organized rallies and started several internet forums to encourage and coordinate support for their efforts.” So the rallies and internet discussions are all merely support for the mythical people entering the water. As we all know, the rallies are precisely alternatives to entering the water and organized to provide some legal expression of the opposition to Superferry. As we also know, those activities are protected under the First Amendment to the United States Constitution.
And then the final propaganda twist is that those mythical people who might peacefully place themselves in harms way, the people planning to peacefully hold signs at rallies, and the people openly discussing how best to proceed in the face of an embarrassingly anti-democratic government are lumped together as having "dangerous and unlawful intent." All forms of dissent from the party line are now characterized as representing a threat that justifies a law enforcement response.
For anyone who has studied the history of totalitarian regimes, particularly those that suborn and seize democratic states, these techniques are familiar.
Almost everywhere you turn now in the United States this type of intimidation and demonization of any opposition is rampant. Citizens who value the Constitution, a government of checks and balances, and democratic dialogue are called upon to step up, counter the closing down of democracy by exercising their democratic rights more frequently, and reverse the slide towards totalitarian government.
To recap some of what we have seen in the Superferry episode:
Official lawlessness goes uncorrected.
Government officials openly and notoriously engaged in a conspiracy to violate the law.
Means for democratic transition of ideas are transformed into organs of government propaganda, excluding or demonizing dissenting views.
The media studiously ignored the illegal nature of the government actions.
The media characterized those trying to stop the conspiracy as engaging in mob rule, radicals, paranoid, or otherwise people not warranting respect in the community.
The media studiously ignored the harm done to the people on Kaua′i through false arrests, seizure of property, assault, battery, and all the other violations.
The media repeatedly broadcast a single episode in which people, trying to stop a car about to run over protestors lying down in the road, banged on the car and tried to let the air out of the tires. The media never explained why people were responding to that particular car.
The media characterized people trying to ensure a sober and thorough examination of consequences for violating the law as inciting people to break the law.
The media, with two exceptions on the Island of Hawai′i, refused to publish the call for Lingle’s impeachment.
The media, with an exception on the Island of Hawai′i, refused to cover the Order to Cease and Desist issued by the King.
The media refused to cover the Petition for Quo Warranto Writ filed by the King at the Supreme Court.
The media refused to cover the Petition for Writ of Mandamus filed at the Supreme Court by plaintiffs in the federal suit seeking an order to put the Superferry injunction back in place.
The media refused to cover the Petition for an Order to Show Cause filed at the Supreme Court asking for the disqualification of the Attorney General’s Office from any further involvement in Superferry cases.
The media refused to cover the complaint filed against the Attorney General’s Office at the Office of Disciplinary Counsel.
Law enforcement and military are transformed from protecting and serving the public into tools of oppression.
Numerous law enforcement agencies followed orders without examining the legality of the actions they were being asked to facilitate.
The same law enforcement agencies made no attempt to understand the position of the citizens protesting the government’s actions and made plans to repeat their illegal actions.
Legislative bodies are transformed from serving the ideals and aspirations of the nation into rubber stamps for Executive Branch excesses.
The Legislature ignored the open and notorious conspiracy to violate the law engaged in by the highest Executive Branch officials.
The Legislature passed a law to further the goals of that conspiracy.
The Judiciary is transformed from an impartial arbiter of disputes into a tool for validation of governmental abuse.
After ex parte contact from a Deputy Attorney General, a Circuit Court judge held a hearing to reconsider a Supreme Court ruling.
The same Circuit Court judge held an evidentiary hearing on environmental effects of the Superferry with the burden on those opposing the project to prove such effects, as opposed to the legal requirement for those proposing the project to provide their studies of impacts first.
A Circuit Court judge on Kaua′i dismissed an attempt by 1000 Friends of Kaua′i and their lawyers, Dan Hempey and Greg Meyers, to enforce a Supreme Court decision because the judge found that the plaintiffs had not challenged the original decision to exempt the Superferry from environmental review, as if a party has to have participated in the original case in order to enforce a ruling of the Supreme Court.
The only institution that still stands in the rubble of state government institutions destroyed by the Superferry is the State Supreme Court. Next week we will learn whether they are still there or not, when they decide whether to issue a Writ of Mandamus to the Maui court putting the injunction back in place until the federal plaintiffs’ motion to intervene can be heard.

Aloha, Brad

Friday, December 7, 2007

HI Superferry: Well, most of my best stuff is out there...

Well, I've put a lot of time into this. My best stuff posted here on this blog were the Break Even Analysis, Scheduling Analysis, finding and evaluating the Army Corp of Engineers studies on the harbors, finding and using surf forecasting sources, some pictures that I have taken and put up on flickr, Pualaa's Manifesto and finding and interacting some with the people who run the sites below. Most of the good stuff that I come across, except for the my own original things that I mention above, are also posted by the team of very energetic people who run the sites below. I have to start budgeting my time as we get into the busy season, plus I want to do some travelling. I'll keep following this, and probably take pictures of the upcoming protests. Until then and beyond, I refer you to the following sites to keep on top of this issue:

Run by Andrea Brower and Keone Kealoha. Andrea has a ton of energy and is constantly updating this web site. Help her out, she and Keone want to make this a site for all kinds of positive sustainable development on Kauai:

Run by Karen Chun. I think Karen and Andrea are kindred souls on different islands. Karen maintains this site well on the Maui end. Karen has some other related sites as well. For Kahului harbor and Superferry issues on Maui:

Jeff Fishman of Kauai has a private web page with some good management software, but you have to be invited to join it. If he knows you on Kauai, I am sure you could ask him if you can join this forum.

John Tyler Craig has a web site probably with as many hits as the Superferry web site itself. But, I like John's blog. I noticed recently I was going to repost a bunch of good stuff on the Superferry from Haleakala Times, but John had already put all that material up on his blog:

Juan Wilson runs and Jonathan Jay contributes to a really well thought out Kauai sustainable development web page/blog. BTW, both do great graphics:

Larry Geller runs a professional journalistic blog about the news that doesn't get covered. I am guessing Larry is on Oahu, but not sure. He has been covering the Superferry and related issues well:

Joan Conrow is also a professional journalist by training and chooses to live on Kauai and write about events close to home including the effect of the Superferry debate:

These are the people I follow. If I left somebody out, I'll edit this and add them in.

Aloha, Brad

Tuesday, December 4, 2007

HI Superferry: Pictures of Protests and Kahului Harbor

Re: Harbor swells snap Superferry, cruise ship barge lines

I got pictures of this. Monday, the Hawaiian Gods entered the debate.

I have updated these picture slideshows. They include some new zoomed in pics, and they are all now in time chronologic order. I have noticed some pics seem to have attracted more attention than others. Might check them out one more time. I recommend clicking on "view as Slideshow" at the medium speed:

Here's a refreshing blast from the past:

Aloha, Brad

Saturday, December 1, 2007

HI Superferry: Eastside Hui Protest photos and report

Subject: Eastside Hui Protest photos on 12/01/07‏
Date: Sat 12/01/07 11:42 AM

Eastside Hui Ku'e 'O Maui‏
From: Karen Chun
Sent: Sat 12/01/07 1:01 PM

What an uplifting event! We had about 40 folks from Keanae and Hana show up. Steve Hokoana from Wailua led the event. We had the Kaua'i "Cuz, No Take Superferry" banner that was in the water at Nawiliwili Harbor. Plenty mana, that.

First there was a pule by a Christian minister. Subject was ridding hate and anger from your heart so that we can go in harmony with God's will. He made that a metaphor for ridding the bad influences from our land (gee, wonder what he could have been talking about?)

Then we marched along Ka'ahumanu and set up across the street from Hawaii Superferry dock yard.

Steven would call out "A'ole Superferry" and everyone would call back "A'ole" as they shook their hands in the direction of the Superferry yard. No one said this, but I know there was one Kahuna there so I think the Superferry might have gotten pretty thoroughly cursed.

Not that it needs our cursing since the hoailono seem to be very negative on it -- like the barge breaking loose the very day of the lifting of the injunction.

Anyway, everyone was honking, throwing us the shaka, waving and a good time was had by all. Lots of smiles and support from everyone passing by.

Oh and too funny, this. There was some Homeland security type sneaking around inside the fenced Superferry yard, hiding behind vehicles taking photos of us. We called out, "Quit sneaking around and come show yourself" and she slunk away.

After an hour and a half, we marched back to where our cars were and had another pule. Steven's wife who is a Hawaiian Immersion teacher gave the pule in Hawaiian. Then Steven ended by reminding us that people may try to provoke us but we must stay calm and peaceful.

It was another of those wonderful, uplifting events that refresh the soul.

Mahina Martin, the Mayor's PR person was there watching and I mentioned to her how concerned we are that the Sheriffs are not meeting with us. The MPD, DLNR and Coast Guard have all been in touch so that we understand each other. But the Sheriff's are keeping to themselves and no one really knows what's up with that...very unusual (and bad) behavior.

Star Bulletin, Maui TV, Akaku and other new agencies were there.

The next two rallies are to be peaceful and law abiding. But I want to say something very important to those who may engage in or see others doing nonviolent resistance.

Remember that part of nonviolent resistance is that you will be arrested. So the job of the resistor is to get arrested (in the end) and the job of law enforcement is to do the arresting. That is a given. But there is no need for any kind of bad feeling on either side. Successful resistance requires much aloha on both sides and very careful actions so that no one (especially law enforcement) feels threatened. (We don't want Law Enforcement to feel threatened because they have the guns!!!)

So if you see someone being detained, stay away. Record it on video if you can. Get all details for later legal action. But do not ruin the resistor's act of sacrifice by interfering or turning the situation ugly.

There will be nonviolent resistance training at MCC Tuesday evening. I'll post details on when I get them.

The next days and weeks of our resistance to Lingle's abuse of power will require our utmost self control and aloha. At all times, both the police and the resistors need to remember that we are all human beings (and most likely on the same side) and we must aloha each other...even though it is difficult in the heat of the moment. So these weeks until we stop the Superferry will test our self-control but I know that we will be strong since the mana is powerful.--K.C.

HI Superferry: Recent non-PUC Applications

Superferry Requests for low fares‏
From: Dick Mayer
Sent: Fri 11/30/07 11:44 PM

Superferr...pdf (1229.8 KB), Superferr...pdf (1906.3 KB)
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You may find the two attached PDF files of interest: The 1st is an application to the PUC on November 9, 2007 by Hawaii Superferry Company for the special promotional fares of first $29 and then $39. They claim that there is an "emergency: necessitating rapid PUC action. The filing was made several days BEFORE Judge Cardoza lifted the injunction which had prohibited service to Kahului until the environmental review was completed. The general public was NEVER notified that an application was made and therefore had no ability to comment. The PUC claims their rules do not require a public announcement, nor a public hearing, and apparently no public announcement of their decision. The State's Consumer Advocate was notified, but did NOT comment because it was a request for a reduction in fares. In fact it was a huge reduction of about 60%, with potential consequences as pointed out below. The court injunction was lifted on November 14, 2007. Then a 2nd application was filed urging a very quick decision and including a copy of the Judge's order lifting the injunction. Within one week on November 16, 2007 the PUC granted the HSF request. There is an important issue that apparently was not discussed and was not pointed out by the Consumer Advocate, nor by other State departments who might have wanted to comment. That issue relates to the ability of the HSF to repay its $40,000,000 obligation for the barges and other state financed harbor improvements. If the ferry operates with $29 and $39 prices and NO fuel adjustment, then there is a probability that the low fares will result in a stream of losses for several months. Will HSF be able to repay its debts to the State? In court they argued that they were in a very tight cash flow squeeze; these low rates may only make it worse.--D.M.

Aloha, Brad

HI Superferry: Why Respect Kauai?...A Kauai Letter

> You're surfing the Light*Line ///\\\///\\\///\\\///\\\///\\\///> \\\///\\\///\\\///\\\///\\\///\\\///\\\///\\\ FLASH 12.1.2007

Anne Punohu submitted this letter to the editor of the Kaua'i Garden Island for Sat Dec 1, 2007.

An open letter to the people of the State of Hawai'i:

These are indeed strange times in our state. I have never seen so many protests for so many things in the entire course of the brief history of this sacred land as a United States State. I for one am part of the make up of this state, but more so than that I believe that on behalf of my native Hawaiian kanaka maoli born and raised on Kaua'i keiki, I not only have an obligation but a right to speak out, to walk my walk and talk my talk, to move, imua walk forward and let my voice be heard loud and clear on what is happening on my island of Kaua'i. It is a symptom of what is happening worldwide, and is now hitting our tender and fragile shores. The most harm it is doing to our true Kaua'i people, and that is fifth generation haoles, chinese, japanese, fourth, and third generation portuguese, spanish and puerto rican, and third and second generation filipinos, and others, not to mention 20th generation kanakas, or the maka aina, the eyes of the land, is that we are all suffering greatly. Not just physically but emotionally too. Our lives have been cruelly huli'd by those with nothing but corporate greed, and the pursuit of money to the detriment of all those others on whose backs they stand. I'm not perfect, and I have made tons of mistakes in my life, and continue to make them, and probably will go on continuing to make them until the day I lay down for the last time. However, there are mistakes, and then there are outright abominations. Worldwide, people are feeling the pinch and bite of more than just issues like the super-ferry and overdevelopment. Kauai is suffering from a surge of people who do not care about Kauai, its values or its heritage. They do not care about our mana, our aina, our laau, our uluwehiwehi, our ia, our manu or our kinos. All they want is everything we have, and then some. They claim it is theirs, we must bow down and give it to them and how dare we resist. How dare we rise up at the totality of what has been done to a peace-loving Kauai.

A little history lesson, Kauai managed to get around the wars taking place all over the islands for almost 500 years, until Kamehameha. Kamehameha bowed to the expert and fine diplomacy of our beloved Kaumualii, a humble and great ruler who was not much prone to war, and his son even less so, and ironically he died in battle. His wife remarried, and co-founded a church and had another son, on the grounds of what has become to be known as Coco Palms. Queen Deborah Kapule ran the first guest house on Kauai on the shores of the Wailua river, was a staunch Christian, and a generous and kind ruler. A trait our current Governor would do well to attempt to emulate, as a women leader. His mother however was a completely different story. She chanted a powerful chant, passed down from great alii wahine mo'i over and over. This chant was so powerful no one dared step foot on Kaua'i. But she, (Kaua'i, for all islands in the Hawaiian belief concept have genders. Guess which one O'ahu is? Male. Figures.), was coveted and drooled over from a distance especially by those of O'ahu, but they could never completely conquer true Kaua'i. They always wanted to, and tried several times by using boats, several of which sank. The belief was that Kauai's force of nature has its own agenda, and no one can travel her waters without bowing to her superior force. Nature.

I recently went to two funerals in the span of two weeks both of which hit me very hard. These are the true Kauai families. Let me just say that Kauai people, the true old Kaua'i lines speak in a soft melodic tone. They do not bark loudly like angry little lapdogs. They were kind and generous but tough and strong. They could be heard not by loud noise and shouting, but by quiet strength and determination. There has always been a limit to aloha on Kauai. Once you pass it there is no going back. Kauai people, the true old lines of genealogy demand respect because they are the oldest lines in Hawaii, and to many of us, they are the ruling alii class at this time. There are no more survivors of the Kamehameha lines, and it is generally concluded, that here on Kauai, with the Kawananakoa lines lie the true aliis of this generation, the ruling class. True aliis do not subjugate their people, they never could or under the system, they could be immediately deposed. You have to take care of the Makaaina, or you as an alii would not be fed. The aliis had a responsibility to care and protect the aina and ensure that the ahupuaas were safe from invasion, and that proper prayers were said and protocol done so that there would be adequate food supplies to feed the people. This also included proper logistics to make sure that kapus were in place in order to ensure that each type of food source and materials resources had the opportunity to properly propagate themselves. There was a system of justice, and familial hierarchies on Kauai that predates the imposed Kapus of the Tahitians by many generations. The meles, chants and moolelos held a highly intricate and intelligent language full of rich meanings, and interconnecting the entire polynesian, micronesian and melanesian triangle. These are the true people of Kauai's heritage. A heritage that cannot be taken away from us. You cannot rip out our hearts, although you may be able to dampen our spirits, but then a little rain could never stop Kauai, it just makes us stronger. But Kauai people are resilient, and have an innate sense of what is right, and good and pure, and we pursue that to the fullest.

O'ahu people generally have a much different attitude, and always have. They are a little louder, a little brasher. a little more conservative, and this can be heard clearly in the difference in cadence when olelo Hawaiian is spoken by an O'ahuan, it is hard and guttural, like the German language, although no less beautiful or rich in intelligence and meaning. It is very easy to tell someone from O'ahu from someone from Kaua'i. O'ahu people are always amazed that Kaua'i people can guess they are not from here even if they are "local". Yep, Kauai people are smart that way. Many many O'ahu kanakas have intermarried and joined with Kauai's genealogical lines, to mix up the genealogies, particularly from Kamehamehas infamous counselors of 13. But the fact remains, that Kauai blood, the koko that surges through anyones veins that has soaked Kauai into their pores no matter what your race creed or nationality will never standby and let Kauai fall.

We are warriors and proud of it. Whether it is with the pen which is mightier that the sword, the waa nui, the speaking out, the holoholo imua, the walking foreward with pride, dignity and honor, holding our heads high and knowing that what we believe in the deep core of what is Kauai, which cannot be explained, but only truly felt will never ever fall. It will live forever. Our hearts will not be torn and ripped asunder by those whose only goal is greed, superiority and defilement. We stand po'ohiwi to po'ohiwi with each other, unmovable, strong, nui ha'aheo. We do it for our children, the aina, and in a larger sense our own sanity as an island people. The respect due Kauai is absolutely undisputed. We will not be disrespected. We will maintain our island. Period.

This is not a call to battle by the way, but a call out to the heart. Remember who you are. Remember how you were raised. Remember what your kupuna suffered for you on this island to get you to where you are now, regardless of your ancestors race, this is not about race, but a heritage of a great blood mixed in with many others who have become the people of Kauai. This is a call to fight for an ideal, a philosophy, a belief, not a call to violence or conduct that will get anyone hurt. This letter is to appeal to your souls, your deepest tears of joy, of hurt, of pain, of relief, of remembrance of contentment and love, and remember why you live Kauai. Remember, in practicing these ideas of nui waa, of writing, of walking forward, of fine tuning your minds, of negotiating, of learning, understanding, with these tools we are warriors that is what I mean when I say warrior. This is a battle of the mind, the heart the soul, and not a physical one. Use the gifts and talents that you have, that you have been taught, reawaken them and bring them forward.

No one can pass Kauai. No one. Kauai people are unique and blessed people. Show that. Step forward. Speak out. Resist, but stay lawful, don't get hurt, protect your family and your children because family comes first. But remember what you stand on, the land not concrete. This is sacred land. Remember what your ceiling is, the sky and not wood. Remember what your clothing is, and your food, and what nourishes you. Protect that. Preserve that aloha.

Anne Punohu Kalaheo

> Light*Line Kaua'i \\\///\\\///\\\///\\\///\\\///\\\///\\\///\\\> ///\\\///\\\///\\\///\\\///\\\///\\\///\\\///\\\ NOVEMBER 2007 LightLine USA "we'll hook you up!"

Aloha, Brad