Monday, November 5, 2007

HI Superferry: Lingle's Conditions and Replies

Lingle's Conditions as an Executive Order at:

Lingle's conditions above have a number of weaknesses, but to me the obvious is the dates of Jan. 1 to April 30. regarding conditions for whales. What about November and December? It is obvious Gov. Lingle has not paid attention to the whales; they are here in large numbers by December. I'm sorry, Linda Lingle is not knowledgeably qualified to be determining these conditions.

Also, Lingle gives too much discretion in her conditions to "the Master of the vessel" to not abide by the conditions without even defining who is "the Master." Usually a legal document has key repeated terms defined, but not this one. The document reads like it was written in haste.

Furthermore, I have serious doubts as to whether Hawaii Superferry management can operationalize all aspects of Lingle's conditions with staff operating policies and procedures in the next couple of weeks.

Aloha, Brad

Re: Governor's Ferry Condition‏
From: Greg Kaufman
Sent: Mon 11/05/07 11:01 AM
Compare what I proposed and supposedly heard, to what she crafted. Enough said.

PWF Recommended Conditions to Lingle:

November 1, 2007
"Re: Marine Mammal and Marine Operational Conditions for a Large Capacity Ferry Vessel in Hawaiian Waters"

"1. Route: Three options are proposed to Kahului:

a. North of Molokai in 1000 fathoms of water.

b. North of Molokai and in 500 fathoms of water.

c. North of Molokai and in waters greater than 200 fathoms at all times. LCF shall be prohibited from traversing the Penguin Bank and leeward waterareas southwest of Molokai, unless in the case of passenger or vessel emergency.
2. Speed:

a. In waters less than 100 fathoms speed reduced to 13 knots or less; and

b. Inwaters 101 -999 fathoms speeds reduced to 25 knots or less.

3. Incidental Take Permit (ITP): two options proposed:

a. LCF operator is required to obtain ITP prior to operation.

b. LCF operator is required to apply for ITP prior to operation.

4. Observers: LCF must employ three independent and trained marine observers to detect cetaceans, monk seals and endangered turtles year round. Two observers would be dedicated to forward detection, with the third observer monitoring thebow camera video feed.

5. [not on copy]

6. Endangered Humpback and Sperm Whale Approach Limits: LCF be required to abide by their own self-imposed approach restrictions (see their PUC application) to humpback and sperm whales based upon the Atlantic RightWhale Code which limits approach to no closer than 500 yards and requires thatshould a vessel find itself within 500 yards to a whale, that it reduce its speed to “a slow safe speed” of 12 knots and depart the area.

7. Marine Life Mitigation Plan: LCF be required to develop, in concert with Stateand Federal agencies, a Marine Life Mitigation Plan minimizing impacts to whales, dolphins, endangered and threatened turtles and endangered monk seals, and other marine life.

8. Nighttime operations: During humpback whale breeding and calving months,November 1 to June 1, LCF must curtail all nighttime operations. Operation hours will be limited from 30 minutes prior to sunrise to 30 minutes after sunset.

9. Air pollution: To minimize air pollution created by LCF’s massive engines, thevessel must be required to burn on-road diesel only, and be encouraged to utilize a B-20 bio-diesel blend ensuring lower emissions. Further the vessel should be retrofitted with hospital grade mufflers to reduce emissions.

10. Wake: Wake damage from ferries is a serious problem in every community they operate. LCF must reduce its speed to 6 knots or less while within one nauticalmile of any shoreline.

11. Research: LCF be required to fund independent marine mammal research identifying distribution and abundance of cetaceans along its routes and to determine long-range effects of these populations due to its operation."

Aloha, Brad

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