From http://the.honoluluadvertiser.com/article/2007/Nov/16/br/br4195738620.html:
"The Hawaii Superferry will resume service to Maui on Dec. 1 with $29 special one-way fares from Dec. 1 to Dec. 20."
"The Superferry said after its initial $29 fare it will offer $39 one-way fares beginning Dec. 21 and through March 12, 2008."
"The company said a reduced passenger vehicle fare will also be offered at $55 each way. Motorcycles, scooters, and mopeds are $35. All promotional fares are subject to applicable Hawai'i taxes and fees. The fuel surcharge has been waived for these promotional fares."
I also reference:
HI Superferry...Would Lose Money w/Private Sector Business Only
Based on both of the above information I did some quick calculations and come to some interesting conclusions.
Under these new prices, doing 14 trips to and from Maui, the Superferry will lose as much as $400,000 per week under the early reduced fares without a fuel surcharge. Under the later fare after Dec. 20, the losses would be at least $300,000 per week.
I am assuming a generous 50 % (people) to 100 % (autos) demand increase under the lower prices to still come to these losses. I am assuming that Superferry will use the same workforce, but they might be able to save as much as $150,000 a week with less employees. I am also assuming that Superferry's marine diesel fuel source would still be the private market, but if the Superferry has been able to secure a deal with the U.S. Navy for lower cost marine diesel fuel, then they may be able to save as much as $75,000 a week on fuel.
The Superferry can try to sell lots of merchandise and refreshments on-board, but that would not amount to much more than $200,000 per month. Superferry can also make a big push to get more motorcycles, scooters, and mopeds on-board at $35 each, but I am already factoring that in with a generous 100% increase in autos revenue over the averages that the Superferry was expecting.
All things considered, with only 14 trips per week, losses would be at least a $1,000,000 a month under these prices with no fuel surcharge. The only benefit for the Superferry is that this gives them short-term working capital (cash) to service their loans in the immediate short-term while their other expenses might be able to be delayed a few weeks, but these low prices cannot be maintained even in the intermediate-term. It just goes to show how desperate a situation the Superferry already is in.
From a fiduciary responsibility standpoint the board of directors and corporate officers of Hawaii Superferry should be charging a fuel surcharge otherwise they are just giving away money.
Aloha, Brad
Friday, November 16, 2007
HI Superferry: A Couple of Companies of Interest
Belt Collins -- Contracted by Lingle Admin. to do the "EIS"
Austal -- Builder of the Superferry. History, technology, company ownership would be interesting.
Aloha, Brad
Austal -- Builder of the Superferry. History, technology, company ownership would be interesting.
Aloha, Brad
HI Superferry: Hawaiian Spirits Respond Immediately?
Superferry Kapu!?
The mana is strong on this one,
Hawaiian Spirits respond within hours of court ruling?:
Superferry’s Kahului barge breaks loose:
http://www.mauinews.com/news/2007/11/16/01supk1116.html
http://the.honoluluadvertiser.com/article/2007/Nov/15/br/br2401356789.html
AP national report on unified command preparations:
http://uk.biz.yahoo.com/16112007/323/hawaii-superferry-readying-protests.html
http://www.businessweek.com/ap/financialnews/D8SUTQR80.htm
Aloha, Brad
The mana is strong on this one,
Hawaiian Spirits respond within hours of court ruling?:
Superferry’s Kahului barge breaks loose:
http://www.mauinews.com/news/2007/11/16/01supk1116.html
http://the.honoluluadvertiser.com/article/2007/Nov/15/br/br2401356789.html
AP national report on unified command preparations:
http://uk.biz.yahoo.com/16112007/323/hawaii-superferry-readying-protests.html
http://www.businessweek.com/ap/financialnews/D8SUTQR80.htm
Aloha, Brad
HI Superferry: Re: Pualaa's Manifesto
I've gotten started on researching some of the details of Pualaa's Manifesto for Sustainability on Kauai. Regarding wind power for the individual property owner here is a nice place to start. A good PDF read from http://www.state.hi.us/dbedt/ert/wwg/index.html:
Available:
Small Wind Electric Systems: A Hawaii Consumer's Guide available from http://www.state.hi.us/dbedt/ert/wwg/smallwindguideHI05-37629.pdf (PDF file, 1.4 Mb). The consumer guide provides information to help consumers determine if a small wind electric system can provide all or a portion of the energy needed for a home or business, based on wind resource, energy needs, and economics. Include sections on how to: make a home more energy efficient; choose the correct turbine size; identify the parts of a wind electric system; determine whether enough wind resource exists; choose the best site for a turbine; connect a system to the utility grid; and whether it's possible to become independent of the utility grid using wind energy. In addition, each guide includes contacts for more information.
Bumper stickers available.
Also of local interest: http://www.kauaiworld.com/specialsections/gogreen/index.htm
Aloha, Brad
Available:
Small Wind Electric Systems: A Hawaii Consumer's Guide available from http://www.state.hi.us/dbedt/ert/wwg/smallwindguideHI05-37629.pdf (PDF file, 1.4 Mb). The consumer guide provides information to help consumers determine if a small wind electric system can provide all or a portion of the energy needed for a home or business, based on wind resource, energy needs, and economics. Include sections on how to: make a home more energy efficient; choose the correct turbine size; identify the parts of a wind electric system; determine whether enough wind resource exists; choose the best site for a turbine; connect a system to the utility grid; and whether it's possible to become independent of the utility grid using wind energy. In addition, each guide includes contacts for more information.
Bumper stickers available.
Also of local interest: http://www.kauaiworld.com/specialsections/gogreen/index.htm
Aloha, Brad
Thursday, November 15, 2007
HI Superferry: The Maker's Current Market Position
>> Welcome to LightLine USA ///\\\///\\\///\\\///\\\///\\\///\\\///>> \\\///\\\///\\\///\\\///\\\///\\\///\\\/// TRAX NEWS 11.15.2007
Navy's plans for next littoral combat ship buy uncertain
Posted by SEAN REILLY November 15, 2007 8:54 AM
Categories: Top Stories
http://blog.al.com/live/2007/11/navys_plans_for_next_littoral.html
WASHINGTON -- Now that a massive defense spending bill hasbeen signed into law, the Navy is supposed to have enoughmoney to buy one new littoral combat ship this fiscal year. But just because money is available doesn't mean the Navywill use it immediately, analysts say. For Austal USA, stungby the recent cancellation of a previously ordered littoralcombat ship, the outcome could be key to sustaining itscurrent Mobile County work force of almost 1,200. Austal executives had predicted "no impact" on employment forthe next nine to 12 months after the Navy dropped the secondof two warships that the company was supposed to build. But without other orders to take up the slack, thoseexecutives acknowledge that the workforce's size couldnonetheless shrink during that time through attrition andmore selective hiring. Instead of adding 50 people through an apprenticeshipprogram, for example, "we would take in half that number,"Bill Pfister, vice president of government programs, saidTuesday. He did not have specific figures on how deep thereductions could be. Whether such steps are needed depends in part on Austal'ssuccess in uncovering more commercial or Navy work. Besidesconstruction of the first LCS, now about 70 percent complete,the company's yard on the Mobile River is also building asecond Hawaii Superferry vessel scheduled for delivery nextSeptember. But the size of Austal's workforce may also hingeon what the Navy decides to do with the $339.5 millionapproved to buy another of the ships during fiscal 2008,which began last month. The money is sandwiched into a $471 billion defense billsigned by President Bush on Tuesday. A Navy spokesman had noimmediate comment on the Navy's intentions for the LCSdollars. But some outside analysts doubt that the service will beprepared to proceed with a ship purchase this fiscal year.That means the third LCS buy could be pushed back into fiscal2009 or later. "The program is in a very unsettled and uncertain way rightnow," Robert Work, a vice president at the Washington,D.C.-based Center for Strategic and Budgetary Assessments,said Tuesday. "It's hard to see the '08 ship being executed." Over time, the Navy wants to build 55 of the relativelysmall, speedy ships, intended for submarine hunting and othertasks in shallow coastal waters. Under its original buying plan, two rival teams -- ledrespectively by Virginia-based General Dynamics Corp. andMaryland-headquartered Lockheed Martin Corp. --were eachsupposed to build several prototype vessels. The Navy wouldthen pick a winning design as the basis for future orders.Austal is part of the General Dynamics group. That plan has now fallen apart as the first Lockheed andGeneral Dynamics/Austal vessels have both gone far overbudget. Apart from a commitment to buy more ships and to do so withfixed-price contracts, "we really don't have an acquisitionstrategy," Deputy Assistant Navy Secretary Allison Stillersaid at the Nov. 1 news conference announcing thecancellation of the second General Dynamics/Austal LCS. Thecancellation came after weeks of negotiations failed toclinch a deal on limiting costs. The Navy had canceled thesecond Lockheed ship in April for similar reasons. Despite the program's ills, Navy officials say they remaincommitted to the LCS, which is essential to their long-termgoal of pushing the size of the fleet back above 300 ships.While agreeing to additional funding this fiscal year,Congress added a proviso in the defense bill signed Tuesdaythat other shipbuilders get a chance to compete for LCSconstruction work once a final design is selected. The Navy had broached that possibility earlier this year, butCongress' action now requires it. Should his team win the LCS design face off, Austal ChiefExecutive Officer Bob Browning said last week that he wasn'tworried about rivals taking away future business. "We think we're in a strong position to win that work," hesaid.
-*-' Select trax ... >> Light*Line TRAX NEWS ///\\\///\\\///\\\///\\\/// NOVEMBER 2007 a global community service for all-----------------------------------------------
For info/sub service http://LightLine.com/FLASH We'll Hook You Up!
Forward with all info intact. Please use Bcc or list service for mail lists.Thank you.
* = Disclaimer & Fair Use Notice =All info provided as a public service. Views and opinions expressed are not necessarily those of the publisher. This message may contain copyrighted material the use of which may not have specific authorization by the copyright owner. LightLine makes such material available in an effort to advance the understanding of political, scientific, and religious issues. We believe this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for nonprofit educational and research purposes. For moreinformation on fair use, go to: www.law.cornell.edu/uscode/17/107.shtml "!"
Navy's plans for next littoral combat ship buy uncertain
Posted by SEAN REILLY November 15, 2007 8:54 AM
Categories: Top Stories
http://blog.al.com/live/2007/11/navys_plans_for_next_littoral.html
WASHINGTON -- Now that a massive defense spending bill hasbeen signed into law, the Navy is supposed to have enoughmoney to buy one new littoral combat ship this fiscal year. But just because money is available doesn't mean the Navywill use it immediately, analysts say. For Austal USA, stungby the recent cancellation of a previously ordered littoralcombat ship, the outcome could be key to sustaining itscurrent Mobile County work force of almost 1,200. Austal executives had predicted "no impact" on employment forthe next nine to 12 months after the Navy dropped the secondof two warships that the company was supposed to build. But without other orders to take up the slack, thoseexecutives acknowledge that the workforce's size couldnonetheless shrink during that time through attrition andmore selective hiring. Instead of adding 50 people through an apprenticeshipprogram, for example, "we would take in half that number,"Bill Pfister, vice president of government programs, saidTuesday. He did not have specific figures on how deep thereductions could be. Whether such steps are needed depends in part on Austal'ssuccess in uncovering more commercial or Navy work. Besidesconstruction of the first LCS, now about 70 percent complete,the company's yard on the Mobile River is also building asecond Hawaii Superferry vessel scheduled for delivery nextSeptember. But the size of Austal's workforce may also hingeon what the Navy decides to do with the $339.5 millionapproved to buy another of the ships during fiscal 2008,which began last month. The money is sandwiched into a $471 billion defense billsigned by President Bush on Tuesday. A Navy spokesman had noimmediate comment on the Navy's intentions for the LCSdollars. But some outside analysts doubt that the service will beprepared to proceed with a ship purchase this fiscal year.That means the third LCS buy could be pushed back into fiscal2009 or later. "The program is in a very unsettled and uncertain way rightnow," Robert Work, a vice president at the Washington,D.C.-based Center for Strategic and Budgetary Assessments,said Tuesday. "It's hard to see the '08 ship being executed." Over time, the Navy wants to build 55 of the relativelysmall, speedy ships, intended for submarine hunting and othertasks in shallow coastal waters. Under its original buying plan, two rival teams -- ledrespectively by Virginia-based General Dynamics Corp. andMaryland-headquartered Lockheed Martin Corp. --were eachsupposed to build several prototype vessels. The Navy wouldthen pick a winning design as the basis for future orders.Austal is part of the General Dynamics group. That plan has now fallen apart as the first Lockheed andGeneral Dynamics/Austal vessels have both gone far overbudget. Apart from a commitment to buy more ships and to do so withfixed-price contracts, "we really don't have an acquisitionstrategy," Deputy Assistant Navy Secretary Allison Stillersaid at the Nov. 1 news conference announcing thecancellation of the second General Dynamics/Austal LCS. Thecancellation came after weeks of negotiations failed toclinch a deal on limiting costs. The Navy had canceled thesecond Lockheed ship in April for similar reasons. Despite the program's ills, Navy officials say they remaincommitted to the LCS, which is essential to their long-termgoal of pushing the size of the fleet back above 300 ships.While agreeing to additional funding this fiscal year,Congress added a proviso in the defense bill signed Tuesdaythat other shipbuilders get a chance to compete for LCSconstruction work once a final design is selected. The Navy had broached that possibility earlier this year, butCongress' action now requires it. Should his team win the LCS design face off, Austal ChiefExecutive Officer Bob Browning said last week that he wasn'tworried about rivals taking away future business. "We think we're in a strong position to win that work," hesaid.
-*-' Select trax ... >> Light*Line TRAX NEWS ///\\\///\\\///\\\///\\\/// NOVEMBER 2007 a global community service for all-----------------------------------------------
For info/sub service http://LightLine.com/FLASH We'll Hook You Up!
Forward with all info intact. Please use Bcc or list service for mail lists.Thank you.
* = Disclaimer & Fair Use Notice =All info provided as a public service. Views and opinions expressed are not necessarily those of the publisher. This message may contain copyrighted material the use of which may not have specific authorization by the copyright owner. LightLine makes such material available in an effort to advance the understanding of political, scientific, and religious issues. We believe this constitutes a "fair use" of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, this material is distributed without profit to those who have expressed a prior interest in receiving the included information for nonprofit educational and research purposes. For moreinformation on fair use, go to: www.law.cornell.edu/uscode/17/107.shtml "!"
HI Superferry: Recap of Cardoza's Ruling
I'm in a funk for a little while, so I'll defer to three others on Kauai on this:
http://planetkauai.blogspot.com/
http://homepage.mac.com/juanwilson/islandbreath/
http://kauaieclectic.blogspot.com/2007/11/cardoza-says-superferry-can-sail.html
Aloha, Brad
http://planetkauai.blogspot.com/
http://homepage.mac.com/juanwilson/islandbreath/
http://kauaieclectic.blogspot.com/2007/11/cardoza-says-superferry-can-sail.html
Aloha, Brad
Tuesday, November 13, 2007
HI Superferry: Akaku Multicast for 11/14/07
From Akaku TV:
We will multicast the Superferry Hearing
On Wednesday at 8:00 am we will be broadcasting the Akaku Superferry Hearing to three places.
1. We will be streaming it LIVE on the web at www.Akaku.org
2. We will be showing it LIVE on Cable Channel 54 (Akaku)
3. We will be streaming LIVE audio to our radio station (88.5 FM KAKU)
To watch the webstream you will need to download quicktime player. The public will be able to chat online at www.Akaku.org.
It will be a MUCH IMPROVED stream using quicktime technology.
See you there!by Christian Holmes christian@akaku.org
Aloha, Brad
We will multicast the Superferry Hearing
On Wednesday at 8:00 am we will be broadcasting the Akaku Superferry Hearing to three places.
1. We will be streaming it LIVE on the web at www.Akaku.org
2. We will be showing it LIVE on Cable Channel 54 (Akaku)
3. We will be streaming LIVE audio to our radio station (88.5 FM KAKU)
To watch the webstream you will need to download quicktime player. The public will be able to chat online at www.Akaku.org.
It will be a MUCH IMPROVED stream using quicktime technology.
See you there!by Christian Holmes christian@akaku.org
Aloha, Brad
Monday, November 12, 2007
HI Superferry: Sustainability on Kauai?
I was inspired a number of weeks ago when I watched the HoikeTV video of a lady named Puala'a speaking forcefully to Gov. Linda Lingle on Kauai. Puala'a was listing off things that Kauai wants instead of a Superferry.
As I recall they included:
1. No Superferry on Kauai until an EIS is completed.
2. No GMO's on Kauai.
3. More sustainable local agriculture on Kauai.
4. Slow down and control unsustainable residential development on Kauai.
5. Solar panels on the roofs of all county and state buildings on Kauai.
6. Wind power on Kauai, "harness the makani," I believe she said.
With hawaiian mixed in her intelligent speech it struck me as almost the perfect statement on where the grassroots movement could go on Kauai. Puala'a and her son were two of the intellectuals who got into the water of Nawiliwili Harbor back in August 2007.
A few weeks later I was watching a show on Wind Power on one of the educational channels, National Geographic I think it was, and one of the locations they covered is an island in the North Atlantic where the island gets 100% of its energy needs from a windmill farm in which the population on the island are owners/shareholders.
That show reminded me of Puala'a's statement to the Governor. I did not take down the name of that island, but I did do a little research below on the state of windmill farms on islands around the world. I pass it along in hope that it helps.
Wind Power on Kauai:
http://www.kauaiworld.com/articles/2007/10/28/news/news07.txt
http://www.kiuc.coop/pdf/releases/pr042106-upc.pdf
Statewide:
http://www.hawaii.gov/dbedt/info/energy/renewable/wind
http://www.state.hi.us/dbedt/ert/wwg/windy.html
http://www.state.hi.us/dbedt/ert/wwg/index.html
Wind Power on Maui, Big Island, and Molokai?, plus "Makani":
http://www.kaheawa.com/kwp/
http://biz.yahoo.com/bw/071107/20071107006123.html?.v=1
http://www.themolokaidispatch.com/taxonomy/term/15
http://www.theengineer.co.uk/liChannelID/7/Articles/294784/Hawaiian%e2%80%99s+harness+wind+power.htm
http://www.makanipower.com/home.html
Wind Power in NZ:
http://www.wel.co.nz/index.asp?pageID=2145843296
http://www.wel.co.nz/index.asp?pageID=2145843294
http://www.stuff.co.nz/4241166a11.html
http://www.stuff.co.nz/4257184a7693.html
Wind Power Globally:
http://en.wikipedia.org/wiki/Wind_farm
http://www.islenet.net/?secid=1
http://www.islenet.net/?secid=2
http://news.nationalgeographic.com/news/2005/10/1031_051031_wind_farm.html
Aloha, Brad
As I recall they included:
1. No Superferry on Kauai until an EIS is completed.
2. No GMO's on Kauai.
3. More sustainable local agriculture on Kauai.
4. Slow down and control unsustainable residential development on Kauai.
5. Solar panels on the roofs of all county and state buildings on Kauai.
6. Wind power on Kauai, "harness the makani," I believe she said.
With hawaiian mixed in her intelligent speech it struck me as almost the perfect statement on where the grassroots movement could go on Kauai. Puala'a and her son were two of the intellectuals who got into the water of Nawiliwili Harbor back in August 2007.
A few weeks later I was watching a show on Wind Power on one of the educational channels, National Geographic I think it was, and one of the locations they covered is an island in the North Atlantic where the island gets 100% of its energy needs from a windmill farm in which the population on the island are owners/shareholders.
That show reminded me of Puala'a's statement to the Governor. I did not take down the name of that island, but I did do a little research below on the state of windmill farms on islands around the world. I pass it along in hope that it helps.
Wind Power on Kauai:
http://www.kauaiworld.com/articles/2007/10/28/news/news07.txt
http://www.kiuc.coop/pdf/releases/pr042106-upc.pdf
Statewide:
http://www.hawaii.gov/dbedt/info/energy/renewable/wind
http://www.state.hi.us/dbedt/ert/wwg/windy.html
http://www.state.hi.us/dbedt/ert/wwg/index.html
Wind Power on Maui, Big Island, and Molokai?, plus "Makani":
http://www.kaheawa.com/kwp/
http://biz.yahoo.com/bw/071107/20071107006123.html?.v=1
http://www.themolokaidispatch.com/taxonomy/term/15
http://www.theengineer.co.uk/liChannelID/7/Articles/294784/Hawaiian%e2%80%99s+harness+wind+power.htm
http://www.makanipower.com/home.html
Wind Power in NZ:
http://www.wel.co.nz/index.asp?pageID=2145843296
http://www.wel.co.nz/index.asp?pageID=2145843294
http://www.stuff.co.nz/4241166a11.html
http://www.stuff.co.nz/4257184a7693.html
Wind Power Globally:
http://en.wikipedia.org/wiki/Wind_farm
http://www.islenet.net/?secid=1
http://www.islenet.net/?secid=2
http://news.nationalgeographic.com/news/2005/10/1031_051031_wind_farm.html
Aloha, Brad
HI Superferry: Why not a Solar Ferry?
Archives
Island Breath: What’s the real reason behind the Superferry?
by Juan Wilson - Special to the Garden Island
Posted: Saturday, Jul 28, 2007 - 10:19:08 pm HST
A colleague, Jonathan Jay, recently found that the Circle Line Company unveiled a state-of-the-art solar and wind powered hybrid electric ferry to be named Miss Statue of Liberty. The company predicts it will bring a green revolution to transportation in New York Harbor.
The 600 passenger vessel is being constructed in partnership with Australia’s Solar Sailor Holdings Ltd. (www.solarsailor.com). This ship is like a hybrid car in that it determines the most efficient combination of energy sources to meet the task at hand. Here those sources include wind, solar, electric battery, and fossil fuels.
This ferry will be able to achieve a maximum speed of 13 knots with diesel engines engaged. It will not only reduce water pollution, but will reduce overall air emissions and give zero emissions at slow speeds. A similar craft, redesigned for open ocean transport, could bring this green revolution to blue Hawai‘i.
As oil prices soar, a solar-wind powered ship, such as the Solar-Sailor, has a chance of operating well into this century. Not so for the fossil fueled Superferry. Why couldn’t the Hawaiian Superferry Corporation have a variation of this solar-wind-hybrid ferry that travels at a reasonable speed and carries hundreds of passengers?
Because it won’t carry a Stryker, Hummer or attack helicopter, that’s why.
Inefficient ferry for the job
In a month or so the Not-So-Superferry will start service to Kaua‘i. There is no doubt that the Hawaiian Superferry Corporation business model is correct in one important respect: The future mode of inter-island traffic in Hawaii will be on the surface of the ocean.
Passenger ferry service between the islands is a great idea. But the Superferry is not the right vessel for the job.
Some Superferry liabilities are that it:
1.) Carries lots of vehicles
2.) Travels at over 40 miles per hour
3.) Burns fuel like there’s no tomorrow
By carrying vehicles, the Superferry will degrade the quality of life on the outer islands. It won’t take many vans and trucks to crowd Kauai’s sweet surf spots, county parks, off-road trails, good fishing areas and camp grounds.
Any boat traveling at forty miles per hour is going to kill marine mammals as well as sea turtles. The leading edges of the Superferry cut like gigantic X-Acto blades through the water. It has been demonstrated that the ferry will not have the time to react to humpback whales surfacing from the depths, or calves swimming under but near the surface.
As it is, a Superferry weekend trip to Kaua‘i, for a Honolulu family of four and their car, will cost $590. A Hawaiian Airlines rental-car /hotel package for the same family is only $480. The Superferry Corporation is already on the wrong side of the curve, and is not going to be a viable business when fuel costs rise past $4 a gallon. At 50 percent occupancy that is over $100 per person round-trip for fuel alone.
No one planning the future of Hawaiian inter-island passenger service would design a ship that burned 5,600 gallons of fuel to travel the 110 miles between O‘ahu and Kaua‘i harbors. The Superferry gets only 0.02 miles per gallon, so, even with 800 passengers that is still only 16 passenger-miles per gallon.
For a comparison: Hawaiian Airlines flies 115 people on its Boeing 717s. They operate with a fuel efficiency of .44 mile per gallon. That comes to 50 passenger miles per gallon, or three times the people moving efficiency of the Superferry.
So why would someone propose the Superferry in the first place, knowing it’s a money loser? The reason is the ship was not designed for the civilian needs of the future, but for military needs.
Superferry selected by the military
The Chair of the Superferry board is former Navy Undersecretary (during the Reagan years), John Lehman. Several of his navy and investment cronies also have board positions. Lehman’s resume includes participation in the Heritage Foundation and Project for the New American Century. Both these Neocon think tanks persuasively advocated the invasion of Iraq, as well as the lucrative no-bid subcontracts for service and support. A new and dreadful mix of military privatization and corporate interest was initiated.
For a better understanding for motivations of those pushing the Superferry, connect these ‘dots’:
• the Stryker Brigade stationed on O‘ahu
• the Pohakaloa Fire-Range on the Big Island
• potential targets around the Pacific Rim
The Superferry is the linkage between these items. When needed, the Superferry will carry assault forces to training or into action. When not needed, the cost and maintenance of the Superferry will be a civilian responsibility; a new kind of public/private partnership.
The Superferry was foisted on Hawai‘i to meet a new mission for the US military. That mission: To have civilian looking high-speed military transport, manned by subcontractors, available at short notice to deliver assault troops and equipment, anywhere in the Pacific.
The first ship of its kind was the Westpac Express. It is manned by a subcontractor for the Third Marine Expeditionary Force in Okinawa, Japan. It was built by Austal, the same ship builder that built our Superferry. The two boats are virtually identical.
The Westpac Express is indistinguishable from a civilian ferry, even when the marines and their equipment are onboard. Only when loading and unloading is it clear what its real purpose is. This is in part because the Japanese public is very negative to the U.S. military presence in Okinawa.
This is illustrated by viewing the Westpac Express promotional video on the Austal Web site, www.austal.com. Part of the video was shot while officers of the Japanese navy were on a tour of the vessel. The voiced-over narrative states:“The Westpac Express doesn’t look like a military transport vehicle, but it gets the job done... this high-speed support vessel has given its crew the unforgettable experience of transporting marines and their equipment to wherever their next area of operations are in the Pacific ... Japanese navel officers didn’t expect marines to be traveling on a vessel that looks like this.”
The civilian use of the Superferry is merely a cover to finance its military role.
As a civilian transport the Superferry was underwritten and subsidized by the U.S. Department of Transportation. Its business plan was guaranteed by the State of Hawaii and the federal government. The cost of building the ship and all the harbor improvements were done without military expenditures.
In a public hearing on Kaua‘i in June of 2006 the Superferry Advisory Board denied there was any military role, but the Pacific Business News had already reported in March 2005 the following:“With Lehman’s expertise, the Superferry plans to operate a Westpac Express, essentially to carry military equipment and ferry vehicles from O‘ahu to the Big Island on a daily basis.” Lehman told PBN that ‘This logistical plan will make it easier for soldiers to train when the Stryker Brigade comes to Hawai‘i.’”
Depleted uranium a threat
Our Superferry was built for moving assault troops and their equipment anywhere in the Pacific. This includes Strykers, Hummers, as well as attack helicopters and howitzers. All of this equipment has weaponry that can use Depleted Uranium munitions.
As you may know, DU is one of the causes of the Gulf War Syndrome that has disabled or killed thousands of Americans serving in the Gulf Wars.
DU is uranium 238, which is a toxic radioactive metal having a half-life of 4.5 billion years. It is used as the tip of armor piercing shells. DU shells ignite in flight and are powderized on impact with a target. This creates a radioactive dust residue. This dust gets into the soil, or is carried away on the wind. It contaminates everything (people, places, things) it comes in contact with.
Despite denials, there is evidence the U.S. military use DU munitions in Hawai‘i and plan to continue using them. This year abnormally high levels of radioactivity have been measured in Kona, downwind of the Pohakaloa Fire-Range.
One worry is that contamination from the Pohakaloa will be carried on Stryker Brigade equipment back into the Superferry and ultimately contaminate the civilian vehicles that use the same deck. These vehicles could then carry radioactive dust to every corner of the Hawaiian islands.
Besides being a legitimate military target to our enemies, the military use of the Superferry will be a direct threat to the health of Hawaiians.
It is time for a ban on the inter-island transportation of DU by the Superferry before it has begun.
For information about Superferry resistance on Kaua‘i, visit www.hui-r.info.
Aloha, Brad
Island Breath: What’s the real reason behind the Superferry?
by Juan Wilson - Special to the Garden Island
Posted: Saturday, Jul 28, 2007 - 10:19:08 pm HST
A colleague, Jonathan Jay, recently found that the Circle Line Company unveiled a state-of-the-art solar and wind powered hybrid electric ferry to be named Miss Statue of Liberty. The company predicts it will bring a green revolution to transportation in New York Harbor.
The 600 passenger vessel is being constructed in partnership with Australia’s Solar Sailor Holdings Ltd. (www.solarsailor.com). This ship is like a hybrid car in that it determines the most efficient combination of energy sources to meet the task at hand. Here those sources include wind, solar, electric battery, and fossil fuels.
This ferry will be able to achieve a maximum speed of 13 knots with diesel engines engaged. It will not only reduce water pollution, but will reduce overall air emissions and give zero emissions at slow speeds. A similar craft, redesigned for open ocean transport, could bring this green revolution to blue Hawai‘i.
As oil prices soar, a solar-wind powered ship, such as the Solar-Sailor, has a chance of operating well into this century. Not so for the fossil fueled Superferry. Why couldn’t the Hawaiian Superferry Corporation have a variation of this solar-wind-hybrid ferry that travels at a reasonable speed and carries hundreds of passengers?
Because it won’t carry a Stryker, Hummer or attack helicopter, that’s why.
Inefficient ferry for the job
In a month or so the Not-So-Superferry will start service to Kaua‘i. There is no doubt that the Hawaiian Superferry Corporation business model is correct in one important respect: The future mode of inter-island traffic in Hawaii will be on the surface of the ocean.
Passenger ferry service between the islands is a great idea. But the Superferry is not the right vessel for the job.
Some Superferry liabilities are that it:
1.) Carries lots of vehicles
2.) Travels at over 40 miles per hour
3.) Burns fuel like there’s no tomorrow
By carrying vehicles, the Superferry will degrade the quality of life on the outer islands. It won’t take many vans and trucks to crowd Kauai’s sweet surf spots, county parks, off-road trails, good fishing areas and camp grounds.
Any boat traveling at forty miles per hour is going to kill marine mammals as well as sea turtles. The leading edges of the Superferry cut like gigantic X-Acto blades through the water. It has been demonstrated that the ferry will not have the time to react to humpback whales surfacing from the depths, or calves swimming under but near the surface.
As it is, a Superferry weekend trip to Kaua‘i, for a Honolulu family of four and their car, will cost $590. A Hawaiian Airlines rental-car /hotel package for the same family is only $480. The Superferry Corporation is already on the wrong side of the curve, and is not going to be a viable business when fuel costs rise past $4 a gallon. At 50 percent occupancy that is over $100 per person round-trip for fuel alone.
No one planning the future of Hawaiian inter-island passenger service would design a ship that burned 5,600 gallons of fuel to travel the 110 miles between O‘ahu and Kaua‘i harbors. The Superferry gets only 0.02 miles per gallon, so, even with 800 passengers that is still only 16 passenger-miles per gallon.
For a comparison: Hawaiian Airlines flies 115 people on its Boeing 717s. They operate with a fuel efficiency of .44 mile per gallon. That comes to 50 passenger miles per gallon, or three times the people moving efficiency of the Superferry.
So why would someone propose the Superferry in the first place, knowing it’s a money loser? The reason is the ship was not designed for the civilian needs of the future, but for military needs.
Superferry selected by the military
The Chair of the Superferry board is former Navy Undersecretary (during the Reagan years), John Lehman. Several of his navy and investment cronies also have board positions. Lehman’s resume includes participation in the Heritage Foundation and Project for the New American Century. Both these Neocon think tanks persuasively advocated the invasion of Iraq, as well as the lucrative no-bid subcontracts for service and support. A new and dreadful mix of military privatization and corporate interest was initiated.
For a better understanding for motivations of those pushing the Superferry, connect these ‘dots’:
• the Stryker Brigade stationed on O‘ahu
• the Pohakaloa Fire-Range on the Big Island
• potential targets around the Pacific Rim
The Superferry is the linkage between these items. When needed, the Superferry will carry assault forces to training or into action. When not needed, the cost and maintenance of the Superferry will be a civilian responsibility; a new kind of public/private partnership.
The Superferry was foisted on Hawai‘i to meet a new mission for the US military. That mission: To have civilian looking high-speed military transport, manned by subcontractors, available at short notice to deliver assault troops and equipment, anywhere in the Pacific.
The first ship of its kind was the Westpac Express. It is manned by a subcontractor for the Third Marine Expeditionary Force in Okinawa, Japan. It was built by Austal, the same ship builder that built our Superferry. The two boats are virtually identical.
The Westpac Express is indistinguishable from a civilian ferry, even when the marines and their equipment are onboard. Only when loading and unloading is it clear what its real purpose is. This is in part because the Japanese public is very negative to the U.S. military presence in Okinawa.
This is illustrated by viewing the Westpac Express promotional video on the Austal Web site, www.austal.com. Part of the video was shot while officers of the Japanese navy were on a tour of the vessel. The voiced-over narrative states:“The Westpac Express doesn’t look like a military transport vehicle, but it gets the job done... this high-speed support vessel has given its crew the unforgettable experience of transporting marines and their equipment to wherever their next area of operations are in the Pacific ... Japanese navel officers didn’t expect marines to be traveling on a vessel that looks like this.”
The civilian use of the Superferry is merely a cover to finance its military role.
As a civilian transport the Superferry was underwritten and subsidized by the U.S. Department of Transportation. Its business plan was guaranteed by the State of Hawaii and the federal government. The cost of building the ship and all the harbor improvements were done without military expenditures.
In a public hearing on Kaua‘i in June of 2006 the Superferry Advisory Board denied there was any military role, but the Pacific Business News had already reported in March 2005 the following:“With Lehman’s expertise, the Superferry plans to operate a Westpac Express, essentially to carry military equipment and ferry vehicles from O‘ahu to the Big Island on a daily basis.” Lehman told PBN that ‘This logistical plan will make it easier for soldiers to train when the Stryker Brigade comes to Hawai‘i.’”
Depleted uranium a threat
Our Superferry was built for moving assault troops and their equipment anywhere in the Pacific. This includes Strykers, Hummers, as well as attack helicopters and howitzers. All of this equipment has weaponry that can use Depleted Uranium munitions.
As you may know, DU is one of the causes of the Gulf War Syndrome that has disabled or killed thousands of Americans serving in the Gulf Wars.
DU is uranium 238, which is a toxic radioactive metal having a half-life of 4.5 billion years. It is used as the tip of armor piercing shells. DU shells ignite in flight and are powderized on impact with a target. This creates a radioactive dust residue. This dust gets into the soil, or is carried away on the wind. It contaminates everything (people, places, things) it comes in contact with.
Despite denials, there is evidence the U.S. military use DU munitions in Hawai‘i and plan to continue using them. This year abnormally high levels of radioactivity have been measured in Kona, downwind of the Pohakaloa Fire-Range.
One worry is that contamination from the Pohakaloa will be carried on Stryker Brigade equipment back into the Superferry and ultimately contaminate the civilian vehicles that use the same deck. These vehicles could then carry radioactive dust to every corner of the Hawaiian islands.
Besides being a legitimate military target to our enemies, the military use of the Superferry will be a direct threat to the health of Hawaiians.
It is time for a ban on the inter-island transportation of DU by the Superferry before it has begun.
For information about Superferry resistance on Kaua‘i, visit www.hui-r.info.
Aloha, Brad
Sunday, November 11, 2007
HI Superferry: Official Misconduct
From http://www.savekahuluiharbor.com/impeach.php:
Examples of Crimes and Civil Torts Committed by Those Involved in the Superferry Enterprise Subsequent to the Supreme Court Decision in The Sierra Club v. The Department of Transportation:
Malfeasance in office, or official misconduct, is the commission of an unlawful act done in an official capacity, which affects the performance of official duties. Malfeasance in office is often grounds for a “for cause” removal from office of an elected official.
Facilitating an illegal action is malfeasance in office or official misconduct.
Encouraging and facilitating the illegal operation of the Hawai′i Superferry after the Supreme Court ruled that an environmental assessment was required constituted malfeasance in office or official misconduct on the part of the Governor and the Director of the Department of Transportation.
Obstruction of Justice is committed by attorney generals and prosecutors when they fail to prosecute judges and other government officials for malfeasance, misfeasance or nonfeasance in office.
To the extent that the Attorney General and/or county prosecutors cooperated with the Superferry illegal enterprise and/or failed to prosecute the government officials cooperating in that enterprise, the Attorney General and country prosecutors are guilty of obstruction of justice.
Conspiracy (civil or criminal) is an agreement between two or more natural persons to break the law at some time in the future. The agreement between the Governor, the Director of the Department of Transportation, and the management/directors of Hawai′i Superferry, Inc. to continue operations of the Superferry illegally after the Supreme Court ruled that an environmental assessment is required constituted a conspiracy.
When the Governor then created the Unified Command to continue the illegal operation, all participants in the Unified Command joined the conspiracy.
Accessory is a person who assists in the commission of a crime, but does not actually participate in the commission of the crime as a joint principal.
Even though State and Federal officials in the highest positions of responsibility were not present on August 26 and 27, to the extent those officials acted to create and facilitate the situation, those officials are accessories to the events on those date.
False arrest is a common law tort, where a person is held in custody without probable cause or without an order issued by a court of competent jurisdiction. It is possible to sue law enforcement officials for false arrest.
An arrest predicated on a known legal act is clearly false arrest. An officer of the law participating in an illegal enterprise who arrests a person trying to stop the illegal enterprise is guilty of false arrest.
On August 26 and 27, law enforcement officials arrested numerous people trying to prevent the implementation of the illegal conspiracy to continue Superferry operations. All of those arrests were false arrests, subjecting the arresting officers to civil suit.
False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority.
The people arrested on August 26 and 27 were falsely imprisoned. Those responsible face possible civil suit and criminal charges.
Theft, in the criminal law, (also known as stealing) is the illegal taking of another person's property without that person's freely-given consent.
Anyone participating in the Superferry enterprise who took from another person their boat, surfboard, boogie board, or other possession without their consent is guilty of theft.
Robbery is the crime of seizing property through violence or intimidation. More precisely, at common law, robbery was defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear.
The actions of law enforcement in seizing the property of people in the Nawiliwili Harbor area on August 26 and 27 took place with the implicit use of deadly force. Such actions can be prosecuted as robbery.
Kidnapping is any illegal capture or detention of a person or people against their will.
In the course of aiding and abetting Superferry in violating the law, law enforcement personnel arrested, and detained against their will, citizens trying to enforce the law. Such actions can be prosecuted as kidnapping.
Assault is the threat of violence caused by an immediate show of force.
The Coast Guard boat that de-tarped its large caliber machine gun in Nawiliwili Harbor committed an assault on those within range.
HRS §707-716 Terroristic threatening in the first degree. (1) A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening:
(a) By threatening another person on more than one occasion for the same or a similar purpose;
(b) By threats made in a common scheme against different persons;
(c) Against a public servant arising out of the performance of the public servant's official duties. For the purposes of this paragraph, "public servant" includes but is not limited to an educational worker. "Educational worker" has the same meaning as defined in section 707-711; or
(d) With the use of a dangerous instrument.
(2) Terroristic threatening in the first degree is a class C felony. [L 1979, c 184, pt of §1(2); am L 1989, c 131, §1; gen ch 1992; am L 2006, c 230, §31]
The press conference held by the Governor, the Coast Guard, and Superferry announcing the plan to return to Nawiliwili Harbor constituted the first action of official terroristic threatening.
The release of the statement of offenses and punishments aimed at those intending to enforce the law in Nawiliwili Harbor was the second act of official terroristic threatening. That second act triggers Section (a) of the State statute.
The Governor going to Kaua′i to again threaten people with arrest and prosecution is a third act of official terroristic threatening, reinforcing the application of Section (a) of the State statute.
The official threats made against hundreds of people to further the Superferry enterprise triggered Section (b) of the State statute.
The people trying to enforce the law in the face of official lawlessness assumed a position as “public servants.” The threats directed at these public servants triggers Section (c) of the State statute.
To threaten to arrest, prosecute, imprison and fine people acting in harmony with the law in order to further violations of law constitutes official terroristic threatening.
The inclusion of law enforcement personnel in the Unified Command added use of deadly weapons to enforce the threats, triggering section (d) of the statute.
The conspiracy to intimidate, arrest, prosecute, imprison, and fine the people trying to enforce the law against the illegal operation of Superferry constitutes a civil rights conspiracy with both state and private actors.
This list is not exhaustive.
An additional inquiry could be whether there are sufficient predicate acts to allege violations of the Racketeering and Corrupt Organizations Act (RICO).
Examples of Crimes and Civil Torts Committed by Those Involved in the Superferry Enterprise Subsequent to the Supreme Court Decision in The Sierra Club v. The Department of Transportation:
Malfeasance in office, or official misconduct, is the commission of an unlawful act done in an official capacity, which affects the performance of official duties. Malfeasance in office is often grounds for a “for cause” removal from office of an elected official.
Facilitating an illegal action is malfeasance in office or official misconduct.
Encouraging and facilitating the illegal operation of the Hawai′i Superferry after the Supreme Court ruled that an environmental assessment was required constituted malfeasance in office or official misconduct on the part of the Governor and the Director of the Department of Transportation.
Obstruction of Justice is committed by attorney generals and prosecutors when they fail to prosecute judges and other government officials for malfeasance, misfeasance or nonfeasance in office.
To the extent that the Attorney General and/or county prosecutors cooperated with the Superferry illegal enterprise and/or failed to prosecute the government officials cooperating in that enterprise, the Attorney General and country prosecutors are guilty of obstruction of justice.
Conspiracy (civil or criminal) is an agreement between two or more natural persons to break the law at some time in the future. The agreement between the Governor, the Director of the Department of Transportation, and the management/directors of Hawai′i Superferry, Inc. to continue operations of the Superferry illegally after the Supreme Court ruled that an environmental assessment is required constituted a conspiracy.
When the Governor then created the Unified Command to continue the illegal operation, all participants in the Unified Command joined the conspiracy.
Accessory is a person who assists in the commission of a crime, but does not actually participate in the commission of the crime as a joint principal.
Even though State and Federal officials in the highest positions of responsibility were not present on August 26 and 27, to the extent those officials acted to create and facilitate the situation, those officials are accessories to the events on those date.
False arrest is a common law tort, where a person is held in custody without probable cause or without an order issued by a court of competent jurisdiction. It is possible to sue law enforcement officials for false arrest.
An arrest predicated on a known legal act is clearly false arrest. An officer of the law participating in an illegal enterprise who arrests a person trying to stop the illegal enterprise is guilty of false arrest.
On August 26 and 27, law enforcement officials arrested numerous people trying to prevent the implementation of the illegal conspiracy to continue Superferry operations. All of those arrests were false arrests, subjecting the arresting officers to civil suit.
False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority.
The people arrested on August 26 and 27 were falsely imprisoned. Those responsible face possible civil suit and criminal charges.
Theft, in the criminal law, (also known as stealing) is the illegal taking of another person's property without that person's freely-given consent.
Anyone participating in the Superferry enterprise who took from another person their boat, surfboard, boogie board, or other possession without their consent is guilty of theft.
Robbery is the crime of seizing property through violence or intimidation. More precisely, at common law, robbery was defined as taking the property of another, with the intent to permanently deprive the person of that property, by means of force or fear.
The actions of law enforcement in seizing the property of people in the Nawiliwili Harbor area on August 26 and 27 took place with the implicit use of deadly force. Such actions can be prosecuted as robbery.
Kidnapping is any illegal capture or detention of a person or people against their will.
In the course of aiding and abetting Superferry in violating the law, law enforcement personnel arrested, and detained against their will, citizens trying to enforce the law. Such actions can be prosecuted as kidnapping.
Assault is the threat of violence caused by an immediate show of force.
The Coast Guard boat that de-tarped its large caliber machine gun in Nawiliwili Harbor committed an assault on those within range.
HRS §707-716 Terroristic threatening in the first degree. (1) A person commits the offense of terroristic threatening in the first degree if the person commits terroristic threatening:
(a) By threatening another person on more than one occasion for the same or a similar purpose;
(b) By threats made in a common scheme against different persons;
(c) Against a public servant arising out of the performance of the public servant's official duties. For the purposes of this paragraph, "public servant" includes but is not limited to an educational worker. "Educational worker" has the same meaning as defined in section 707-711; or
(d) With the use of a dangerous instrument.
(2) Terroristic threatening in the first degree is a class C felony. [L 1979, c 184, pt of §1(2); am L 1989, c 131, §1; gen ch 1992; am L 2006, c 230, §31]
The press conference held by the Governor, the Coast Guard, and Superferry announcing the plan to return to Nawiliwili Harbor constituted the first action of official terroristic threatening.
The release of the statement of offenses and punishments aimed at those intending to enforce the law in Nawiliwili Harbor was the second act of official terroristic threatening. That second act triggers Section (a) of the State statute.
The Governor going to Kaua′i to again threaten people with arrest and prosecution is a third act of official terroristic threatening, reinforcing the application of Section (a) of the State statute.
The official threats made against hundreds of people to further the Superferry enterprise triggered Section (b) of the State statute.
The people trying to enforce the law in the face of official lawlessness assumed a position as “public servants.” The threats directed at these public servants triggers Section (c) of the State statute.
To threaten to arrest, prosecute, imprison and fine people acting in harmony with the law in order to further violations of law constitutes official terroristic threatening.
The inclusion of law enforcement personnel in the Unified Command added use of deadly weapons to enforce the threats, triggering section (d) of the statute.
The conspiracy to intimidate, arrest, prosecute, imprison, and fine the people trying to enforce the law against the illegal operation of Superferry constitutes a civil rights conspiracy with both state and private actors.
This list is not exhaustive.
An additional inquiry could be whether there are sufficient predicate acts to allege violations of the Racketeering and Corrupt Organizations Act (RICO).
Saturday, November 10, 2007
HI Superferry: Private Citizen Offer/Appeal re: SUPER-DRUG-CONDUIT
You're surfing the Light*Line ///\\\///\\\///\\\///\\\///\\\///> \\\///\\\///\\\///\\\///\\\///\\\///\\\///\\\ FLASH 11.10.2007
From the Kaua'i Garden Island Newspaper Opinion section, 11/9/07
Drugs in paradise
I am involved with drug prevention at a half dozen law enforcement agencies. Based on my experience, we are about to open the floodgates to drug traffickers via the Superferry.
While it's difficult to transport drugs on the airplanes, the Superferry will provide an unfettered conduit for transportation of major quantities of drugs both to and from Kaua`i.
While there has never been a confirmed meth lab on Kaua`i, there are dozens on neighboring islands. Wake up, Kaua`i!
Having recognized this two years ago, we had a conference call on the matter. In attendance was a Superferry executive, a KPD officer, a county council member, and a representative from DOT.
I stated my concerns: 1) Kaua`i is in deep trouble regarding drug use and distribution; 2) KPD has neither the resources or training to combat the increased trafficking from the new Superferry; 3) Wanting to be part of the solution, I offered two trained drug search dogs, and full-time training for two officers ˜ a $60,000 cost.
In my estimation, it would take four full-time officers to inspect the cars en route, so this was a matching offer. They cannot be visually inspected for hidden drugs, but dogs can do the trick.
We were thanked politely for our offer, and never heard a word again from the Superferry executives.
Fastforward two years: a) Kauai has had the largest marijuana farm drug bust in the state history, over 6,000 plants; b) 4,000 grams of meth have been confiscated; c) 6,000 grams of cocaine have been confiscated; d ) KPD is still understaffed by 20 officers, and has no drug dogs And no action plan by the Superferry to stop the imminent flow of deadly drugs to Kaua`i. An inconvenient truth, conveniently forgotten.
Let me put these drug amounts into context. Assuming only 10 percent of drugs are confiscated, then the Kaua`i usage has been 100,000 grams, or 2 million lines of meth/coke. If a user averaged 2 lines/day for the past two years, that means we may have 1,250 users on Kaua`i ˜ 2 percent of the resident population.
This is a major problem.
AGAIN, wanting to be part of the solution, I will donate FOUR drug dogs and training for FOUR officers to inspect cars while being transported on the Superferry. We will bear the current cost of $125,000, IF the program is in place BEFORE the Superferry starts up again.
No more excuses. I challenge the Superferry to institute an effective drug policy for the sake of all the children of Kaua`i, before the Superferry becomes the SUPER-DRUG-CONDUIT.
The Superferry injunction should NOT be removed UNTIL there is an effective drug policy in place.
Mr. Garibaldi, as an Admiral in the US Navy, you swore to protect the citizens of the finest country in the world. Now as a civilian, you still have that responsibility, as do we all. We can not trade a boat for lives. Please don't tell me how much this will cost per week ˜ the investment funding is in place, OUR tax dollars have paid/guaranteed $200 million of this project, and you were warned of this problem two years ago.
I am not making a statement for or against the Superferry. However, I AM staunchly anti-drug, pro-children, and pro-Kaua`i.
Your Honourable Judge Joseph Cardoza: I humbly implore you to put the safety of the citizens of Hawai`i above the financial interests of a business enterprise ˜ an enterprise subsidized by our very own state and federal tax dollars.
Larry Bowman
> Light*Line Kaua'i \\\///\\\///\\\///\\\///\\\///\\\///\\\///\\\> ///\\\///\\\///\\\///\\\///\\\///\\\///\\\///\\\ NOVEMBER 2007 LightLine USA "we'll hook you up!"
Aloha, Brad
From the Kaua'i Garden Island Newspaper Opinion section, 11/9/07
Drugs in paradise
I am involved with drug prevention at a half dozen law enforcement agencies. Based on my experience, we are about to open the floodgates to drug traffickers via the Superferry.
While it's difficult to transport drugs on the airplanes, the Superferry will provide an unfettered conduit for transportation of major quantities of drugs both to and from Kaua`i.
While there has never been a confirmed meth lab on Kaua`i, there are dozens on neighboring islands. Wake up, Kaua`i!
Having recognized this two years ago, we had a conference call on the matter. In attendance was a Superferry executive, a KPD officer, a county council member, and a representative from DOT.
I stated my concerns: 1) Kaua`i is in deep trouble regarding drug use and distribution; 2) KPD has neither the resources or training to combat the increased trafficking from the new Superferry; 3) Wanting to be part of the solution, I offered two trained drug search dogs, and full-time training for two officers ˜ a $60,000 cost.
In my estimation, it would take four full-time officers to inspect the cars en route, so this was a matching offer. They cannot be visually inspected for hidden drugs, but dogs can do the trick.
We were thanked politely for our offer, and never heard a word again from the Superferry executives.
Fastforward two years: a) Kauai has had the largest marijuana farm drug bust in the state history, over 6,000 plants; b) 4,000 grams of meth have been confiscated; c) 6,000 grams of cocaine have been confiscated; d ) KPD is still understaffed by 20 officers, and has no drug dogs And no action plan by the Superferry to stop the imminent flow of deadly drugs to Kaua`i. An inconvenient truth, conveniently forgotten.
Let me put these drug amounts into context. Assuming only 10 percent of drugs are confiscated, then the Kaua`i usage has been 100,000 grams, or 2 million lines of meth/coke. If a user averaged 2 lines/day for the past two years, that means we may have 1,250 users on Kaua`i ˜ 2 percent of the resident population.
This is a major problem.
AGAIN, wanting to be part of the solution, I will donate FOUR drug dogs and training for FOUR officers to inspect cars while being transported on the Superferry. We will bear the current cost of $125,000, IF the program is in place BEFORE the Superferry starts up again.
No more excuses. I challenge the Superferry to institute an effective drug policy for the sake of all the children of Kaua`i, before the Superferry becomes the SUPER-DRUG-CONDUIT.
The Superferry injunction should NOT be removed UNTIL there is an effective drug policy in place.
Mr. Garibaldi, as an Admiral in the US Navy, you swore to protect the citizens of the finest country in the world. Now as a civilian, you still have that responsibility, as do we all. We can not trade a boat for lives. Please don't tell me how much this will cost per week ˜ the investment funding is in place, OUR tax dollars have paid/guaranteed $200 million of this project, and you were warned of this problem two years ago.
I am not making a statement for or against the Superferry. However, I AM staunchly anti-drug, pro-children, and pro-Kaua`i.
Your Honourable Judge Joseph Cardoza: I humbly implore you to put the safety of the citizens of Hawai`i above the financial interests of a business enterprise ˜ an enterprise subsidized by our very own state and federal tax dollars.
Larry Bowman
> Light*Line Kaua'i \\\///\\\///\\\///\\\///\\\///\\\///\\\///\\\> ///\\\///\\\///\\\///\\\///\\\///\\\///\\\///\\\ NOVEMBER 2007 LightLine USA "we'll hook you up!"
Aloha, Brad
Linda Lingle: "This is What Democracy Looks Like, All in Favor, Say Aye?"
"All in Favor? Say, Aye! Right Now! Or Else!" Written By Hale Mawae (http://bebo.com/hmawae2004)
A Criticism By Hale Mawae
“The point is, to the judge, your injunction was placed because you believe that the law said this,” Lingle takes a sip from her glass bowl salt rimmed margarita with a dash of corruption, a hint of villainy, and then continues. “Now the law has been changed, and on the basis of this law… we will ask him(Judge Cardoza) to lift the injunction.”Oh yeah, well my dad can beat up your dad! Nah-nah-neeeee-boo-boo! The sentiment in her tone has an overwhelming similarity as her Governess Linda Lingle pushes on with her corporate/military backed agenda for the Superferry and her regime to continue to conquer the law. The island’s surface continues to crumble beneath corporate/real estate “FOR SALE” signs to be sold to the highest millionaire bidder and a place for their flat-screen TV’s broadcasting gas-masked marauders in a scene of violence and oppression far, far away on the news. AEGIS scud missiles are launched in the name of FREEDOM from top-secret silos at giant battleships just off the coast of Kaua‘i at Pacific Missile Range Facility. Scattering black dust clouds and remnants of nuclear capable military weapons into the depths of the Pacific Ocean.AEGIS, the great shield of Zeus helping to protect the U.S. Government in the name of freedom. The name of a shield once shaken by Zeus from the height’s of Mount Olympus to send thundering black clouds to fill the sky and strike men down with fear and godly torment. Fear projected by perfect Dolby-Digital surround sound bellowing out cries of protest and screaming voices echoing into the distance. All this overlaid with the voice of the multi-ethnic broadcaster trying to explain the chaos we are all witnessing in the small corner of the screen. An explanatory voice that only toys with concern as the words seem to roll off the teleprompter, into her brain, and out to the world in a cold metal voice that only seems to digest it with mild to complacent concern. This report followed with a simple beautiful smile as she roves on with the rest of the world’s current events.MUTE.The great marauders push forward through a cloud of smoke and billowing flames; through a crowd that strangely resembles a scene we’ve all bore witness to before. A clear picture of the continuing loss of loved ones to war, the destruction of the places they dwell, and the stories of the lives of a people that once were, and now may never be. The weather forecast rolls across the screen for the day after tomorrow. “Clear skies with a slight chance of rain.” The draught continues, but a glimmer of hope.Lingle rises in the distance in her purple crushed velvet suit, and short bob haircut curled to perfection. Enough lipstick graces the slit upon her face to prove to her self that she has a touch of elegance, poise, and taste. Just enough to prove to others there is some femininity lingering behind her over-masculine approach at politics and ill reproach she shows to those who oppose her conquering regime of corporate elitists, real estate agent turned politicians, and banking investment manager’s with dollar sign’s gleaming in their blank check eyes. Cha-ching! Cha-ching! CHA CHING!!!An empire built up around the construction of four-lane highways across sacred sites and endangered Native Hawaiian habitats already struggling for survival. A gross manipulation of local Hawaiian’s against local non-Hawaiian’s against Haole’s to ultimately submit to a life of consumerism to make way for high end retail restaurants, uneconomic high rise timeshares, and countless wasteful affordable housing projects that most locals will never be able to afford at half a million starting prices. It’s a system designed to keep local’s in place. A system to keep them in check for the continuation and degradation of the struggling middle class so they can serve coffee and beverages, fold their clean pressed towels and bed sheets, and provide clean comfort and warm hospitality at little to no cost to the scrooging businessmen already holding all the cards. A place where county council members, senators, and house representative’s sit who approve by a majority to repeatedly misuse land and lack any promise of vision in the use of these free and open spaces. The meandering politician’s passing off their leadership duties to a planning commission already convinced that million dollar homes and gated communities with well-groomed, landscaped entrances, and good security with CCTV on all corner’s, stuffed in every streetlamp, bush, and manmade rock; is key to healthy living and the illusion of safety in their quest to greedily occupy and devour more land. Big Brother is watching!A land, where the planning commission spends more time rolling their eyes at deeply concerned citizens, impatiently waiting for them to finish their heartfelt testimony, before finally hurrying the meeting to a close to pass on development projects behind closed doors.“All in favor? Say, aye. Right now! Or Else!” He waits, they respond, the meeting is adjourned. “Fuuuuuuuuuu!” Wipes sweat from his brow. “I’m glad that’s over!”“It’s just no fun to hear to people complain like that. Because after all it does offer the possibility of jobs. Not to mention great opportunities on sites where locals have no choice but to work twelve to fourteen hour days; five to six days a week without overtime or reasonable benefits.” A politician’s answer to a few problems to make the rest of the world a better place and those complaining disappear.“All in favor? Say, aye?” He raises his eyebrows with a glare of his eye, greedy smile, and hands shoot up in favor all around the table.I mean, after all, it’s just people slaving themselves to a system to make sure they put ridiculously overpriced food on the table for a family already on the verge of selling everything and taking the next flight out with their minor belongings to start a new life in some other land. Let the people go! They aren’t mine anyway! What do we care?Let them find some magical place that sits on the edge of reality and fantasy. A dream. A place that only exists in the boundless realms of the mind that wanders past the noise of soon to be rusted out, fifty thousand dollar vehicles dropping on to our shores and the rattling chain of suburban and corporate development. A place with pre-sold timeshare’s and vacation rental packages that only exist in architectural artist rendering’s and beautifully designed signs reading “Aloooooooooha! Welcome to Paradise. A place that doesn’t even exist anymore. E komo mai!” A place behind black dust mats violently being tossed in the wind. Soon to be ridiculously condominiums with 3 Jacuzzi style bath tubs in every unit that waste hundreds of gallons of already vanishing water, and a shower the size of a walk in closet with 5 full power shower-heads on the walls.A place that will put the Hawaiian’s and locals who just can’t cut it where they belong! Far, far away from home.Displaced from their home by the absence of digits in one’s personal credit line, and their inability to ambitiously want to wipe other people’s asses in the hopes of getting a paycheck for something that reeks as bad as it did when they started the job.Forced to move to a suburb in Arizona, Texas, California, Alabama, and New Mexico. Where Mexicans and people of similar skin tone are chased down and antagonized by police and looked at threateningly by border patrol. Forced with trying to remember what it was like to be and live in Hawai‘i. Forced to embrace an American culture, an American life, as the rest of the world they left behind is forgotten and brainwashed out of their very existence. The last pieces of their culture, their island life, and their heritage becoming a broken fragment of their memory. A mirage.Instead of making attempts to listen to the few liberal radicals, who only begin to tempt the wrath of the oppressor, fight against her blatant corruption, and her incapacity to listen to the truth with her legion of suit and ties protecting her at her side. What’s the truth, the whole truth, and nothing but the truth?Lingle’s personal investment’s are rising to an all time high as the state’s monetary economic growth feeds her investments and obvious ties to a system feeding into her and her associates bank accounts. Linda Lingle’s smiling face carefully cropped to show her strong shoulder line, as her catchy name rises above a setting sun and silhouetted coconut tree, on a business card remarkably designed for success. A steady yet well placed title reveling her in all her greatness and glory. Her steady voice speaks out crafted by years of education, blind ambition, and a dedication to her perfect cause make you want to believe in her and suspend your belief in the tragic flaws she possesses as a leader.“The point is, to the judge, your injunction was placed because you believe that the law said this,” Lingle said. “Now the law has been changed, and on the basis of this law… we will ask him(Judge Cardoza) to lift the injunction.”The bold yellow print reads “POLICE” as they push through a crowd of protester’s screaming “This is what DEMOCRACY LOOKS LIKE!!! THIS is WHAT democracy looks like!!!” This is what democracy looks like. It looks like the streets filled with cars all driving to a destination consumed by greed, lust, and misunderstanding. It looks like the littered beaches of visitor’s rubbish with the thrusting of Lingle’s mighty arm into the depths of the law as she twists and manipulates it with her mighty corruption, being blindly backed by those who fear her tyranny and oppression. It looks like the consummation of those who oppose her with the onslaught of her struggle with the people who fight against what she’s trying to uphold and keep alive.Her living vision and quest to continue to conquer with a tyrannical reign already crumbling in around her is almost over. It’s mistake after mistake after mistake, Lingle, and people are beginning to wonder when the next big wig is going to take a step in and do some head chopping. “All in favor? Say, aye?”
Written By Hale Mawae (http://bebo.com/hmawae2004) For more information on Hale Mawae or his blogs please visit his site, view more, and leave comments or questions.
Aloha, Brad
A Criticism By Hale Mawae
“The point is, to the judge, your injunction was placed because you believe that the law said this,” Lingle takes a sip from her glass bowl salt rimmed margarita with a dash of corruption, a hint of villainy, and then continues. “Now the law has been changed, and on the basis of this law… we will ask him(Judge Cardoza) to lift the injunction.”Oh yeah, well my dad can beat up your dad! Nah-nah-neeeee-boo-boo! The sentiment in her tone has an overwhelming similarity as her Governess Linda Lingle pushes on with her corporate/military backed agenda for the Superferry and her regime to continue to conquer the law. The island’s surface continues to crumble beneath corporate/real estate “FOR SALE” signs to be sold to the highest millionaire bidder and a place for their flat-screen TV’s broadcasting gas-masked marauders in a scene of violence and oppression far, far away on the news. AEGIS scud missiles are launched in the name of FREEDOM from top-secret silos at giant battleships just off the coast of Kaua‘i at Pacific Missile Range Facility. Scattering black dust clouds and remnants of nuclear capable military weapons into the depths of the Pacific Ocean.AEGIS, the great shield of Zeus helping to protect the U.S. Government in the name of freedom. The name of a shield once shaken by Zeus from the height’s of Mount Olympus to send thundering black clouds to fill the sky and strike men down with fear and godly torment. Fear projected by perfect Dolby-Digital surround sound bellowing out cries of protest and screaming voices echoing into the distance. All this overlaid with the voice of the multi-ethnic broadcaster trying to explain the chaos we are all witnessing in the small corner of the screen. An explanatory voice that only toys with concern as the words seem to roll off the teleprompter, into her brain, and out to the world in a cold metal voice that only seems to digest it with mild to complacent concern. This report followed with a simple beautiful smile as she roves on with the rest of the world’s current events.MUTE.The great marauders push forward through a cloud of smoke and billowing flames; through a crowd that strangely resembles a scene we’ve all bore witness to before. A clear picture of the continuing loss of loved ones to war, the destruction of the places they dwell, and the stories of the lives of a people that once were, and now may never be. The weather forecast rolls across the screen for the day after tomorrow. “Clear skies with a slight chance of rain.” The draught continues, but a glimmer of hope.Lingle rises in the distance in her purple crushed velvet suit, and short bob haircut curled to perfection. Enough lipstick graces the slit upon her face to prove to her self that she has a touch of elegance, poise, and taste. Just enough to prove to others there is some femininity lingering behind her over-masculine approach at politics and ill reproach she shows to those who oppose her conquering regime of corporate elitists, real estate agent turned politicians, and banking investment manager’s with dollar sign’s gleaming in their blank check eyes. Cha-ching! Cha-ching! CHA CHING!!!An empire built up around the construction of four-lane highways across sacred sites and endangered Native Hawaiian habitats already struggling for survival. A gross manipulation of local Hawaiian’s against local non-Hawaiian’s against Haole’s to ultimately submit to a life of consumerism to make way for high end retail restaurants, uneconomic high rise timeshares, and countless wasteful affordable housing projects that most locals will never be able to afford at half a million starting prices. It’s a system designed to keep local’s in place. A system to keep them in check for the continuation and degradation of the struggling middle class so they can serve coffee and beverages, fold their clean pressed towels and bed sheets, and provide clean comfort and warm hospitality at little to no cost to the scrooging businessmen already holding all the cards. A place where county council members, senators, and house representative’s sit who approve by a majority to repeatedly misuse land and lack any promise of vision in the use of these free and open spaces. The meandering politician’s passing off their leadership duties to a planning commission already convinced that million dollar homes and gated communities with well-groomed, landscaped entrances, and good security with CCTV on all corner’s, stuffed in every streetlamp, bush, and manmade rock; is key to healthy living and the illusion of safety in their quest to greedily occupy and devour more land. Big Brother is watching!A land, where the planning commission spends more time rolling their eyes at deeply concerned citizens, impatiently waiting for them to finish their heartfelt testimony, before finally hurrying the meeting to a close to pass on development projects behind closed doors.“All in favor? Say, aye. Right now! Or Else!” He waits, they respond, the meeting is adjourned. “Fuuuuuuuuuu!” Wipes sweat from his brow. “I’m glad that’s over!”“It’s just no fun to hear to people complain like that. Because after all it does offer the possibility of jobs. Not to mention great opportunities on sites where locals have no choice but to work twelve to fourteen hour days; five to six days a week without overtime or reasonable benefits.” A politician’s answer to a few problems to make the rest of the world a better place and those complaining disappear.“All in favor? Say, aye?” He raises his eyebrows with a glare of his eye, greedy smile, and hands shoot up in favor all around the table.I mean, after all, it’s just people slaving themselves to a system to make sure they put ridiculously overpriced food on the table for a family already on the verge of selling everything and taking the next flight out with their minor belongings to start a new life in some other land. Let the people go! They aren’t mine anyway! What do we care?Let them find some magical place that sits on the edge of reality and fantasy. A dream. A place that only exists in the boundless realms of the mind that wanders past the noise of soon to be rusted out, fifty thousand dollar vehicles dropping on to our shores and the rattling chain of suburban and corporate development. A place with pre-sold timeshare’s and vacation rental packages that only exist in architectural artist rendering’s and beautifully designed signs reading “Aloooooooooha! Welcome to Paradise. A place that doesn’t even exist anymore. E komo mai!” A place behind black dust mats violently being tossed in the wind. Soon to be ridiculously condominiums with 3 Jacuzzi style bath tubs in every unit that waste hundreds of gallons of already vanishing water, and a shower the size of a walk in closet with 5 full power shower-heads on the walls.A place that will put the Hawaiian’s and locals who just can’t cut it where they belong! Far, far away from home.Displaced from their home by the absence of digits in one’s personal credit line, and their inability to ambitiously want to wipe other people’s asses in the hopes of getting a paycheck for something that reeks as bad as it did when they started the job.Forced to move to a suburb in Arizona, Texas, California, Alabama, and New Mexico. Where Mexicans and people of similar skin tone are chased down and antagonized by police and looked at threateningly by border patrol. Forced with trying to remember what it was like to be and live in Hawai‘i. Forced to embrace an American culture, an American life, as the rest of the world they left behind is forgotten and brainwashed out of their very existence. The last pieces of their culture, their island life, and their heritage becoming a broken fragment of their memory. A mirage.Instead of making attempts to listen to the few liberal radicals, who only begin to tempt the wrath of the oppressor, fight against her blatant corruption, and her incapacity to listen to the truth with her legion of suit and ties protecting her at her side. What’s the truth, the whole truth, and nothing but the truth?Lingle’s personal investment’s are rising to an all time high as the state’s monetary economic growth feeds her investments and obvious ties to a system feeding into her and her associates bank accounts. Linda Lingle’s smiling face carefully cropped to show her strong shoulder line, as her catchy name rises above a setting sun and silhouetted coconut tree, on a business card remarkably designed for success. A steady yet well placed title reveling her in all her greatness and glory. Her steady voice speaks out crafted by years of education, blind ambition, and a dedication to her perfect cause make you want to believe in her and suspend your belief in the tragic flaws she possesses as a leader.“The point is, to the judge, your injunction was placed because you believe that the law said this,” Lingle said. “Now the law has been changed, and on the basis of this law… we will ask him(Judge Cardoza) to lift the injunction.”The bold yellow print reads “POLICE” as they push through a crowd of protester’s screaming “This is what DEMOCRACY LOOKS LIKE!!! THIS is WHAT democracy looks like!!!” This is what democracy looks like. It looks like the streets filled with cars all driving to a destination consumed by greed, lust, and misunderstanding. It looks like the littered beaches of visitor’s rubbish with the thrusting of Lingle’s mighty arm into the depths of the law as she twists and manipulates it with her mighty corruption, being blindly backed by those who fear her tyranny and oppression. It looks like the consummation of those who oppose her with the onslaught of her struggle with the people who fight against what she’s trying to uphold and keep alive.Her living vision and quest to continue to conquer with a tyrannical reign already crumbling in around her is almost over. It’s mistake after mistake after mistake, Lingle, and people are beginning to wonder when the next big wig is going to take a step in and do some head chopping. “All in favor? Say, aye?”
Written By Hale Mawae (http://bebo.com/hmawae2004) For more information on Hale Mawae or his blogs please visit his site, view more, and leave comments or questions.
Aloha, Brad
Friday, November 9, 2007
HI Superferry: HRS § 46-17, County Councils and Home Rule
From: (PNN) Council can stop Superferry with “political will” and public nuisance law
By: Andy Parx
Sent: Fri 11/09/07 2:56 PM
Council can stop Superferry with “political will” and public nuisance law
by Andy Parx
(PNN) -- Lihu`e -- No matter what happens in court regarding the Hawai`i Superferry (HSF), county councils across the state can stop it under a state law that preempts any other according to “1000 Friends” Attorney Daniel Hempey.
HRS § 46-17 says the Kaua`i County Council can pass an ordinance “regulating or prohibiting noise, smoke, dust, vibration, or odors which constitute a public nuisance.”
“The statute says County nuisance law trumps State law if the County law offers greater protection to the public” Hempey said. “Dumping several hundred cars, trucks and busses onto Kauai every day would tend to produce a lot of new noise, dust, smoke, vibration and odor."
According to HSF a maximum of 560 cars will congregate in Nawiliwili, near Lihu`e each day at evening rush hour.
“If that doesn’t constitute a public nuisance, what does” said HSF opponent, Fred Dente "What’s the council waiting for."
In the case of the Kaua`i county council that remains a mystery. After three days all councilmembers have failed to responded to request for comment.
Kaua`i State Senator Gary Hooser, who has fought to prevent the HSF from operating until an “EIS” is done, says, "there’s lots of ways the council could engage the issue if there’s a political will to do so. The public nuisance law is just one of them.”
Hempey agrees saying “This may be an area where new County legislation on the issue could effectively block the Superferry's exemption from environmental law - by limiting the number of registered vehicles transported to Kauai on any given day.”
HRS § 46-17 “Regulation of certain public nuisances” says "(n)o such ordinance shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that in any case of conflict between a statute or rule and an ordinance, the law affording the most protection to the public shall apply."
Whether the council has a member with the political will to establish home rule remains to be seen. Many see the pressure being on Councilperson and former mayor JoAnn Yukimura who has testified numerous time against the HSF running without an EIS, even traveling to Honolulu to personally testify at the recent Act 2 hearings.
The other possibility may be rookie Councilperson Tim Bynum who has been somewhat outspoken on the issue and is thought by many political insiders to have his eye on the Mayor’s office in three years.
Hempey indicated that it may not be that hard to find at least four if not seven votes.
“This type of ordinance would be consistent with the prior vote of the Council, that asked for an EA before the Superferry operates. It would also send a message to those on Oahu who simply ignored the Kauai Council's earlier unanimous vote” in a 2005 Resolution supporting an EIS before the HSF pulls into the port of Kauai.
The council’s next full meeting isn’t scheduled until Nov 21 and it normally takes about a month minimum to pass an ordinance. But the council does have emergency powers that provide for a much shorter term- a matter of days- to pass an ordinance making it effective while the bill goes through it’s normal process.
In a separate case from the injunction forbidding HSF operations currently before Maui Judge Joseph Cardoza and the precipitating Supreme Court ruling, another Maui Circuit Judge, Joel August, ruled on Aug. 23 that the HSF must move cars out at a rate of only two per minute at Kahului Harbor and put in place many other site specific traffic restrictions that remain in place today. Although Act 2 requires a traffic study for Nawiliwili, that will not be required to be completed or even initiated any time soon .
How an increase in the time cars sit idling awaiting egress might increase any nuisance is another issue the county councils may consider.
The Kaua`i County Council can be reached by emailing them at cokcouncil@kauai.gov, or calling 241-6371
On the Web:
HRS § 46-17:
http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0046/HRS_0046-0017.htm
----------------30----------------
c 2007 Parx News Net (PNN), Andy Parx.
HRS § 46-17
From: Andy Parx
Sent: Tue 11/06/07 8:09 PM
To: Kaua`i County Council (cokcouncil@kauai.gov)
Cc: County Clerk (pnakamura@kauai.gov)
Dear Council members,
I am working on an article for release tomorrow night on the applicability of the below cited HRS provision as regards the Superferry and the potential for discharge and receipt of 560 cars all at once in Nawiliwili causing noise, smoke, dust, vibration, or odors which constitute a public nuisance.
I am requesting comment regarding your intent as regards this law. I would like to know whether you are considering putting such an ordinance on the agenda this Thursday for the Nov 14 Council Meeting or at a near future date.
You can email me at this address or call me at [...].
Thank you,
Andy Parx, PNN News
HRS § 46-17
HAWAII REVISED STATUTES ANNOTATED
DIVISION 1. GOVERNMENT.
TITLE 6. COUNTY ORGANIZATION AND ADMINISTRATION.
SUBTITLE 1. PROVISIONS COMMON TO ALL COUNTIES.
CHAPTER 46. GENERAL PROVISIONS.
PART I. GENERAL JURISDICTION AND POWERS.
§ 46-17 Regulation of certain public nuisances.
Any provision of law to the contrary notwithstanding, the council of any county may adopt and provide for the enforcement of ordinances regulating or prohibiting noise, smoke, dust, vibration, or odors which constitute a public nuisance. No such ordinance shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that in any case of conflict between a statute or rule and an ordinance, the law affording the most protection to the public shall apply, with the exception that:
(1) An ordinance shall not be effective to the extent that it is inconsistent with any permit for agricultural burning granted by the department of health under authority of chapter 342B, or to the extent that it prohibits, subjects to fine or injunction, or declares to be a public nuisance any agricultural burning conducted in accordance with such a permit; and
(2) An ordinance shall not be effective to the extent that it is inconsistent with any noise rule adopted by the department of health under authority of chapter 342F.
Aloha, Brad
By: Andy Parx
Sent: Fri 11/09/07 2:56 PM
Council can stop Superferry with “political will” and public nuisance law
by Andy Parx
(PNN) -- Lihu`e -- No matter what happens in court regarding the Hawai`i Superferry (HSF), county councils across the state can stop it under a state law that preempts any other according to “1000 Friends” Attorney Daniel Hempey.
HRS § 46-17 says the Kaua`i County Council can pass an ordinance “regulating or prohibiting noise, smoke, dust, vibration, or odors which constitute a public nuisance.”
“The statute says County nuisance law trumps State law if the County law offers greater protection to the public” Hempey said. “Dumping several hundred cars, trucks and busses onto Kauai every day would tend to produce a lot of new noise, dust, smoke, vibration and odor."
According to HSF a maximum of 560 cars will congregate in Nawiliwili, near Lihu`e each day at evening rush hour.
“If that doesn’t constitute a public nuisance, what does” said HSF opponent, Fred Dente "What’s the council waiting for."
In the case of the Kaua`i county council that remains a mystery. After three days all councilmembers have failed to responded to request for comment.
Kaua`i State Senator Gary Hooser, who has fought to prevent the HSF from operating until an “EIS” is done, says, "there’s lots of ways the council could engage the issue if there’s a political will to do so. The public nuisance law is just one of them.”
Hempey agrees saying “This may be an area where new County legislation on the issue could effectively block the Superferry's exemption from environmental law - by limiting the number of registered vehicles transported to Kauai on any given day.”
HRS § 46-17 “Regulation of certain public nuisances” says "(n)o such ordinance shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that in any case of conflict between a statute or rule and an ordinance, the law affording the most protection to the public shall apply."
Whether the council has a member with the political will to establish home rule remains to be seen. Many see the pressure being on Councilperson and former mayor JoAnn Yukimura who has testified numerous time against the HSF running without an EIS, even traveling to Honolulu to personally testify at the recent Act 2 hearings.
The other possibility may be rookie Councilperson Tim Bynum who has been somewhat outspoken on the issue and is thought by many political insiders to have his eye on the Mayor’s office in three years.
Hempey indicated that it may not be that hard to find at least four if not seven votes.
“This type of ordinance would be consistent with the prior vote of the Council, that asked for an EA before the Superferry operates. It would also send a message to those on Oahu who simply ignored the Kauai Council's earlier unanimous vote” in a 2005 Resolution supporting an EIS before the HSF pulls into the port of Kauai.
The council’s next full meeting isn’t scheduled until Nov 21 and it normally takes about a month minimum to pass an ordinance. But the council does have emergency powers that provide for a much shorter term- a matter of days- to pass an ordinance making it effective while the bill goes through it’s normal process.
In a separate case from the injunction forbidding HSF operations currently before Maui Judge Joseph Cardoza and the precipitating Supreme Court ruling, another Maui Circuit Judge, Joel August, ruled on Aug. 23 that the HSF must move cars out at a rate of only two per minute at Kahului Harbor and put in place many other site specific traffic restrictions that remain in place today. Although Act 2 requires a traffic study for Nawiliwili, that will not be required to be completed or even initiated any time soon .
How an increase in the time cars sit idling awaiting egress might increase any nuisance is another issue the county councils may consider.
The Kaua`i County Council can be reached by emailing them at cokcouncil@kauai.gov, or calling 241-6371
On the Web:
HRS § 46-17:
http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0046/HRS_0046-0017.htm
----------------30----------------
c 2007 Parx News Net (PNN), Andy Parx.
HRS § 46-17
From: Andy Parx
Sent: Tue 11/06/07 8:09 PM
To: Kaua`i County Council (cokcouncil@kauai.gov)
Cc: County Clerk (pnakamura@kauai.gov)
Dear Council members,
I am working on an article for release tomorrow night on the applicability of the below cited HRS provision as regards the Superferry and the potential for discharge and receipt of 560 cars all at once in Nawiliwili causing noise, smoke, dust, vibration, or odors which constitute a public nuisance.
I am requesting comment regarding your intent as regards this law. I would like to know whether you are considering putting such an ordinance on the agenda this Thursday for the Nov 14 Council Meeting or at a near future date.
You can email me at this address or call me at [...].
Thank you,
Andy Parx, PNN News
HRS § 46-17
HAWAII REVISED STATUTES ANNOTATED
DIVISION 1. GOVERNMENT.
TITLE 6. COUNTY ORGANIZATION AND ADMINISTRATION.
SUBTITLE 1. PROVISIONS COMMON TO ALL COUNTIES.
CHAPTER 46. GENERAL PROVISIONS.
PART I. GENERAL JURISDICTION AND POWERS.
§ 46-17 Regulation of certain public nuisances.
Any provision of law to the contrary notwithstanding, the council of any county may adopt and provide for the enforcement of ordinances regulating or prohibiting noise, smoke, dust, vibration, or odors which constitute a public nuisance. No such ordinance shall be held invalid on the ground that it covers any subject or matter embraced within any statute or rule of the State; provided that in any case of conflict between a statute or rule and an ordinance, the law affording the most protection to the public shall apply, with the exception that:
(1) An ordinance shall not be effective to the extent that it is inconsistent with any permit for agricultural burning granted by the department of health under authority of chapter 342B, or to the extent that it prohibits, subjects to fine or injunction, or declares to be a public nuisance any agricultural burning conducted in accordance with such a permit; and
(2) An ordinance shall not be effective to the extent that it is inconsistent with any noise rule adopted by the department of health under authority of chapter 342F.
Aloha, Brad
Thursday, November 8, 2007
HI Superferry: Marine Mammals save Humans...Why We Own Them
Dolphins save surfer from becoming shark’s bait
A pod of bottlenose dolphins helped protect the severely injured boarder
Dolphins help shark attack victim
Nov. 8: Todd Endris was surfing when he was bitten by a 12- to 15-foot shark, but thanks to a couple of Flippers and a friend he survived. TODAY anchor Meredith Vieira reports.
By Mike Celizic
TODAYShow.com contributor
updated 4:57 a.m. HT, Thurs., Nov. 8, 2007
Surfer Todd Endris needed a miracle. The shark — a monster great white that came out of nowhere — had hit him three times, peeling the skin off his back and mauling his right leg to the bone.
That’s when a pod of bottlenose dolphins intervened, forming a protective ring around Endris, allowing him to get to shore, where quick first aid provided by a friend saved his life.
“Truly a miracle,” Endris told TODAY’s Natalie Morales on Thursday.
The attack occurred on Tuesday, Aug. 28, just before 11 a.m. at Marina State Park off Monterey, Calif., where the 24-year-old owner of Monterey Aquarium Services had gone with friends for a day of the sport they love. Nearly four months later, Endris, who is still undergoing physical therapy to repair muscle damage suffered during the attack, is back in the water and on his board in the same spot where he almost lost his life.
“[It] came out of nowhere. There’s no warning at all.
Maybe I saw him a quarter second before it hit me. But no warning. It was just a giant shark,” Endris said. “It just shows you what a perfect predator they really are.”
The shark, estimated at 12 to 15 feet long, hit him first as Endris was sitting on his surfboard, but couldn’t get its monster jaws around both surfer and surfboard. “The second time, he came down and clamped on my torso — sandwiched my board and my torso in his mouth,” Endris said.
That attack shredded his back, literally peeling the skin back, he said, “like a banana peel.” But because Endris’ stomach was pressed to the surfboard, his intestines and internal organs were protected.
The third time, the shark tried to swallow Endris’ right leg, and he said that was actually a good thing, because the shark’s grip anchored him while he kicked the beast in the head and snout with his left leg until it let go.
The dolphins, which had been cavorting in the surf all along, showed up then. They circled him, keeping the shark at bay, and enabled Endris to get back on his board and catch a wave to the shore.
Our finned friends
No one knows why dolphins protect humans, but stories of the marine mammals rescuing humans go back to ancient Greece, according to the Whale and Dolphin Conservation Society.
A year ago in New Zealand, the group reports, four lifeguards were saved from sharks in the same way Endris was — by dolphins forming a protective ring.
Though horribly wounded, Endris said he didn’t think he was going to die. “Actually, it never crossed my mind,” he told Morales.
It did, though, cross the minds of others on the beach, including some lifeguards who told his friend, Brian Simpson, that Endris wasn’t going to make it.
Simpson is an X-ray technician in a hospital trauma center, and he’d seen badly injured people before. He had seen Endris coming in and knew he was hurt.
“I was expecting him to have leg injuries,” he told Morales. “It was a lot worse than I was expecting.”
Blood was pumping out of the leg, which had been bitten to the bone, and Endris, who lost half his blood, was ashen white. To stop the blood loss, Simpson used his surf leash as a tourniquet, which probably saved his life.
“Thanks to this guy,” Endris said, referring to Simpson, who sat next to him in the TODAY studio, “once I got to the beach, he was calming me down and keeping me from losing more blood by telling me to slow my breathing and really just be calm. They wouldn’t let me look at my wounds at all, which really helped.
A medivac helicopter took him to a hospital, where a surgeon had to first figure out what went where before putting him back together.
“It was like putting together a jigsaw puzzle,” Endris said.
Six weeks later, he was well enough to go surfing again, and the place he went was back to Marina State Park. It wasn’t easy to go back in the water.
“You really have to face your fears,” he told Morales. “I’m a surfer at heart, and that’s not something I can give up real easily. It was hard. But it was something you have to do.”
The shark went on its way, protected inside the waters of the park, which is a marine wildlife refuge. Endris wouldn’t want it any other way.
“I wouldn’t want to go after the shark anyway,” he said. “We’re in his realm, not the other way around.”
A pod of bottlenose dolphins helped protect the severely injured boarder
Dolphins help shark attack victim
Nov. 8: Todd Endris was surfing when he was bitten by a 12- to 15-foot shark, but thanks to a couple of Flippers and a friend he survived. TODAY anchor Meredith Vieira reports.
By Mike Celizic
TODAYShow.com contributor
updated 4:57 a.m. HT, Thurs., Nov. 8, 2007
Surfer Todd Endris needed a miracle. The shark — a monster great white that came out of nowhere — had hit him three times, peeling the skin off his back and mauling his right leg to the bone.
That’s when a pod of bottlenose dolphins intervened, forming a protective ring around Endris, allowing him to get to shore, where quick first aid provided by a friend saved his life.
“Truly a miracle,” Endris told TODAY’s Natalie Morales on Thursday.
The attack occurred on Tuesday, Aug. 28, just before 11 a.m. at Marina State Park off Monterey, Calif., where the 24-year-old owner of Monterey Aquarium Services had gone with friends for a day of the sport they love. Nearly four months later, Endris, who is still undergoing physical therapy to repair muscle damage suffered during the attack, is back in the water and on his board in the same spot where he almost lost his life.
“[It] came out of nowhere. There’s no warning at all.
Maybe I saw him a quarter second before it hit me. But no warning. It was just a giant shark,” Endris said. “It just shows you what a perfect predator they really are.”
The shark, estimated at 12 to 15 feet long, hit him first as Endris was sitting on his surfboard, but couldn’t get its monster jaws around both surfer and surfboard. “The second time, he came down and clamped on my torso — sandwiched my board and my torso in his mouth,” Endris said.
That attack shredded his back, literally peeling the skin back, he said, “like a banana peel.” But because Endris’ stomach was pressed to the surfboard, his intestines and internal organs were protected.
The third time, the shark tried to swallow Endris’ right leg, and he said that was actually a good thing, because the shark’s grip anchored him while he kicked the beast in the head and snout with his left leg until it let go.
The dolphins, which had been cavorting in the surf all along, showed up then. They circled him, keeping the shark at bay, and enabled Endris to get back on his board and catch a wave to the shore.
Our finned friends
No one knows why dolphins protect humans, but stories of the marine mammals rescuing humans go back to ancient Greece, according to the Whale and Dolphin Conservation Society.
A year ago in New Zealand, the group reports, four lifeguards were saved from sharks in the same way Endris was — by dolphins forming a protective ring.
Though horribly wounded, Endris said he didn’t think he was going to die. “Actually, it never crossed my mind,” he told Morales.
It did, though, cross the minds of others on the beach, including some lifeguards who told his friend, Brian Simpson, that Endris wasn’t going to make it.
Simpson is an X-ray technician in a hospital trauma center, and he’d seen badly injured people before. He had seen Endris coming in and knew he was hurt.
“I was expecting him to have leg injuries,” he told Morales. “It was a lot worse than I was expecting.”
Blood was pumping out of the leg, which had been bitten to the bone, and Endris, who lost half his blood, was ashen white. To stop the blood loss, Simpson used his surf leash as a tourniquet, which probably saved his life.
“Thanks to this guy,” Endris said, referring to Simpson, who sat next to him in the TODAY studio, “once I got to the beach, he was calming me down and keeping me from losing more blood by telling me to slow my breathing and really just be calm. They wouldn’t let me look at my wounds at all, which really helped.
A medivac helicopter took him to a hospital, where a surgeon had to first figure out what went where before putting him back together.
“It was like putting together a jigsaw puzzle,” Endris said.
Six weeks later, he was well enough to go surfing again, and the place he went was back to Marina State Park. It wasn’t easy to go back in the water.
“You really have to face your fears,” he told Morales. “I’m a surfer at heart, and that’s not something I can give up real easily. It was hard. But it was something you have to do.”
The shark went on its way, protected inside the waters of the park, which is a marine wildlife refuge. Endris wouldn’t want it any other way.
“I wouldn’t want to go after the shark anyway,” he said. “We’re in his realm, not the other way around.”
HI Superferry: The Most Important Documents
I believe the decision will hinge on what the Hawaii State Supreme Court said in its ruling of August 31, 2007. The best most pertinent arguments that Isaac Hall can come up with will have to be consistent with that ruling. It is worth reviewing that and Cardoza's here:
Hawaii Supreme Court ruling:
http://www.state.hi.us/jud/opinions/sct/2007/27407.htm
Maui Judge Cardoza’s ruling:View the Order Granting Plaintiffs' Motion to Enforce Judgment Requiring Environmental Assessment by Prohibiting Implementation of Hawaii Superferry Project, for Temporary, Preliminary and/or Permanent Injunction for the case involving The Sierra Club v. The Department of Transportation of the State of Hawai`i (2CC05-1-0114(3))http://www.courts.state.hi.us/attachment/43C062D78B180B07EBE773EC5C/mauisfruling100907.pdf
HRS 343:
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/hrs_0343-.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0001.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0002.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0003.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0004.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0005.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0006.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0006_0005.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0007.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0008.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0343D/HRS_0343D-.htm
Aloha, Brad
Hawaii Supreme Court ruling:
http://www.state.hi.us/jud/opinions/sct/2007/27407.htm
Maui Judge Cardoza’s ruling:View the Order Granting Plaintiffs' Motion to Enforce Judgment Requiring Environmental Assessment by Prohibiting Implementation of Hawaii Superferry Project, for Temporary, Preliminary and/or Permanent Injunction for the case involving The Sierra Club v. The Department of Transportation of the State of Hawai`i (2CC05-1-0114(3))http://www.courts.state.hi.us/attachment/43C062D78B180B07EBE773EC5C/mauisfruling100907.pdf
HRS 343:
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/hrs_0343-.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0001.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0002.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0003.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0004.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0005.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0006.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0006_0005.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0007.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/hrs0343/HRS_0343-0008.htm
http://www.capitol.hawaii.gov/hrscurrent/Vol06_Ch0321-0344/HRS0343D/HRS_0343D-.htm
Aloha, Brad
Wednesday, November 7, 2007
HI Superferry: Coverage of Court Hearing 11/07/07
You can view a web broadcase of today's hearing at:
http://www.akaku.org/
The following is a great blog evaluating the legal aspects of this at:
Live blogging the Superferry hearing
Judge Cardoza granted the motion to shorten time. All memoranda are to be filed Nov. 13 and a hearing on the motion to dissolve the injunction and vacate the order voiding the operating agreement is calendared for 8:00 a.m., Nov. 14. Show all posts about Superferry from this blog.
A couple of good news articles covering the hearing:
http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=2007711080331
http://www.mauinews.com/story.aspx?id=35809
Aloha, Brad
http://www.akaku.org/
The following is a great blog evaluating the legal aspects of this at:
Live blogging the Superferry hearing
Judge Cardoza granted the motion to shorten time. All memoranda are to be filed Nov. 13 and a hearing on the motion to dissolve the injunction and vacate the order voiding the operating agreement is calendared for 8:00 a.m., Nov. 14. Show all posts about Superferry from this blog.
A couple of good news articles covering the hearing:
http://www.honoluluadvertiser.com/apps/pbcs.dll/article?AID=2007711080331
http://www.mauinews.com/story.aspx?id=35809
Aloha, Brad
HI Superferry: Lingle Admin. Stymies Public Right to Know
Rep. Oshiro and Sen. Hanabusa are right on:
From: Hawaii Superferry probe may be stymied - The Honolulu Advertiser ...
Posted on: Wednesday, November 7, 2007. Hawaii Superferry probe may be stymied ... to investigate the Lingle administration's handling of Hawaii Superferry...
..."The privilege, if one exists, can be waived," Oshiro said. "The one who can waive it if you go up the chain of command is the governor. She would be able to waive the privilege so that Barry Fukunaga can answer our questions."
State Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), an attorney, said Fukunaga may be able to assert the privilege to cover any legal advice he was given but that she believes it was improper for him not to disclose whether he received advice. "You can't just simply refuse to answer that question," she said. "If you sought advice, you have to say you sought advice."
Hanabusa also said she believes attorney-client privilege is different for government officials who are represented by government attorneys than clients in the private sector. Some legal scholars have also argued that the public's interest in open government and accountability makes the privilege less than absolute for government officials.
"The issue here is going to be what exactly was the communication? Was the communication one that directed the DOT to do a certain thing versus one that just advised them?" she asked."
From: Hawaii Superferry probe may be stymied - The Honolulu Advertiser ...
Posted on: Wednesday, November 7, 2007. Hawaii Superferry probe may be stymied ... to investigate the Lingle administration's handling of Hawaii Superferry...
..."The privilege, if one exists, can be waived," Oshiro said. "The one who can waive it if you go up the chain of command is the governor. She would be able to waive the privilege so that Barry Fukunaga can answer our questions."
State Senate President Colleen Hanabusa, D-21st (Nanakuli, Makaha), an attorney, said Fukunaga may be able to assert the privilege to cover any legal advice he was given but that she believes it was improper for him not to disclose whether he received advice. "You can't just simply refuse to answer that question," she said. "If you sought advice, you have to say you sought advice."
Hanabusa also said she believes attorney-client privilege is different for government officials who are represented by government attorneys than clients in the private sector. Some legal scholars have also argued that the public's interest in open government and accountability makes the privilege less than absolute for government officials.
"The issue here is going to be what exactly was the communication? Was the communication one that directed the DOT to do a certain thing versus one that just advised them?" she asked."
Tuesday, November 6, 2007
HI Superferry: Why the Disconnect between Oahu and the Outer Islands?
I think it was interesting yesterday, that the two big issues on the evening news were first all of the sewage and wastewater overflow spills on Oahu to the tune of multiple thousands of gallons of spills just because of a little more rain than usual and then the next story was Linda Lingle's meager conditions for and signing of the Superferry bill.
The way the spills on Oahu are being reported it is almost matter of fact. Just on this issue what is happening on Oahu with infrastructure, to the aina, and kai is a TOTAL DISGRACE TO THE AINA AND THE CONCEPT OF KULEANA! Even on the mainland, this kind of thing does not happen in any major cities, except for New Orleans.
This is exactly the dichotomy between how resources are managed on Oahu (and apparently accepted by the public there) and the outer islands that so worries people on the outer islands. The problem with sewage spills to the tune of multiple thousands of gallons each spill has been developing over the past few years, and yet still the problem keeps getting worse. Below are a few links to stories on this.
You know what, the outer islands don't need Oahu ignoring and bring any of their systematic problems to Kauai, Maui, Molokai, and the Big Island. The majority population of Oahu needs to look inward and solve their own environmental problems instead of escaping from them and transporting them elsewhere.
http://the.honoluluadvertiser.com/article/2007/Nov/04/br/br4026795183.html
http://the.honoluluadvertiser.com/article/2007/Oct/18/br/br5028164379.html
http://www.medicalnewstoday.com/articles/70841.php
http://www.msnbc.msn.com/id/12078748/
http://www.hawaiireporter.com/story.aspx?afd0a094-10f4-48c2-be87-29b1900c2c74
Aloha, Brad
The way the spills on Oahu are being reported it is almost matter of fact. Just on this issue what is happening on Oahu with infrastructure, to the aina, and kai is a TOTAL DISGRACE TO THE AINA AND THE CONCEPT OF KULEANA! Even on the mainland, this kind of thing does not happen in any major cities, except for New Orleans.
This is exactly the dichotomy between how resources are managed on Oahu (and apparently accepted by the public there) and the outer islands that so worries people on the outer islands. The problem with sewage spills to the tune of multiple thousands of gallons each spill has been developing over the past few years, and yet still the problem keeps getting worse. Below are a few links to stories on this.
You know what, the outer islands don't need Oahu ignoring and bring any of their systematic problems to Kauai, Maui, Molokai, and the Big Island. The majority population of Oahu needs to look inward and solve their own environmental problems instead of escaping from them and transporting them elsewhere.
http://the.honoluluadvertiser.com/article/2007/Nov/04/br/br4026795183.html
http://the.honoluluadvertiser.com/article/2007/Oct/18/br/br5028164379.html
http://www.medicalnewstoday.com/articles/70841.php
http://www.msnbc.msn.com/id/12078748/
http://www.hawaiireporter.com/story.aspx?afd0a094-10f4-48c2-be87-29b1900c2c74
Aloha, Brad
Nawiliwili Ti Party: Keep Kauai, Kauai...Great Report
From: http://www.kauaiworld.com/articles/2007/11/05/news/news01.txt
Statewide ferry protest draws 250 here
By Rachel Gehrlein - THE GARDEN ISLAND
Posted: Sunday, Nov 04, 2007 - 08:37:19 pm HST
For the 250 demonstrators at Nawiliwili Park yesterday, it wasn’t just about the Superferry coming back to Kaua‘i, it was how the “Superferry bill” came to be.“The most upsetting thing to me is the process,” said demonstrator Andrea Brower of Aliomanu. “It was so undemocratic, so illegal and is undermining the most important environmental law.”
And so begins the next phase in the Superferry saga. On Wednesday the state House of Representatives voted 39-11 on a bill to allow the Superferry to resume service.
The state Senate voted 20-5 on its bill Oct. 26 and Gov. Linda Lingle is soon expected to sign the bill into law.
If the bill is signed, one more hurdle will be cleared to allow the ferry to operate while an Environmental Impact Statement is carried out. At yesterday’s event — dubbed the “Nawiliwili Ti Party” — demonstrators acknowledged the high-speed ferry will be present in Kaua‘i waters.
“It’s not about whether I want the Superferry or not,” said demonstrator Jill Friedman of Kapa‘a. “It’s about the way the judgment was done. The judge’s decision was based on environmental laws that we have. Every time the Legislature doesn’t like the judge’s decision, it will be challenged as unconstitutional.”
Although Friedman is concerned about the traffic, the possible introduction of invasive species and whale strikes, she feels that if passengers only were allowed on the ferry, it could be good for the local economy.“There could be taxi, bike and car rental stands,” Friedman said. “People could come as our guests and we could provide transportation options. It would create more money and more jobs.”
John Jacobs of Kalaheo was wondering where the county of Kaua‘i fit in the entire equation.“What does the county of Kaua‘i really want?” Jacobs said. “Can’t we vent this out?”Jacobs was also worried about the surf break in Nawiliwili Harbor. He has seen some large turtles on the rocks of the jetty and has wondered how the Superferry would affect them.“Everyone talks about the whales,” Jacobs said. “What about the turtles?”
Some believe Kaua‘i isn’t ready for more people, plain and simple.
Tim Swanson of Kapa‘a feels people, including the local government, haven’t been taking care of what we have and aren’t ready for more people to come to the party.“Our highways, our beaches and our roads, they’re not taking care of it, not putting money into it,” Swanson said. “The people of Kaua‘i haven’t been taking care of Kaua‘i like they should be. We don’t need people here until we can take care of Kaua‘i.”
Timoteo Rysdale of Wailua likes the way things are on Kaua‘i. He doesn’t want what he watches on the nightly news from O‘ahu to come here, mainly crime, he says.“The reason people live here is specifically to not be connected,” Rysdale said.Rysdale feels the situation at hand is a giant civics lesson for the people of Kaua‘i.“What they’re doing is political favoritism of the worst kind,” Rysdale said. “They are trying to go around the law.”
Before supporters could take to the sea to participate in a water protest, demonstrator Auntie Louise gathered the crowd closer so she could give pule.“We’re here to stand against the injustice of the legal process that has happened,” Auntie Louise said. “We’re here to protect the ‘aina.”
Demonstrators then navigated their surfboards, canoes and kayaks down the jetty rocks to the water to gather in the middle of Nawiliwili Harbor in solidarity with demonstrations happening at the same time on Maui, O‘ahu and the Big Island.
According to its Web site, Hawaii Superferry service is expected to resume within the next two weeks.
Statewide ferry protest draws 250 here
By Rachel Gehrlein - THE GARDEN ISLAND
Posted: Sunday, Nov 04, 2007 - 08:37:19 pm HST
For the 250 demonstrators at Nawiliwili Park yesterday, it wasn’t just about the Superferry coming back to Kaua‘i, it was how the “Superferry bill” came to be.“The most upsetting thing to me is the process,” said demonstrator Andrea Brower of Aliomanu. “It was so undemocratic, so illegal and is undermining the most important environmental law.”
And so begins the next phase in the Superferry saga. On Wednesday the state House of Representatives voted 39-11 on a bill to allow the Superferry to resume service.
The state Senate voted 20-5 on its bill Oct. 26 and Gov. Linda Lingle is soon expected to sign the bill into law.
If the bill is signed, one more hurdle will be cleared to allow the ferry to operate while an Environmental Impact Statement is carried out. At yesterday’s event — dubbed the “Nawiliwili Ti Party” — demonstrators acknowledged the high-speed ferry will be present in Kaua‘i waters.
“It’s not about whether I want the Superferry or not,” said demonstrator Jill Friedman of Kapa‘a. “It’s about the way the judgment was done. The judge’s decision was based on environmental laws that we have. Every time the Legislature doesn’t like the judge’s decision, it will be challenged as unconstitutional.”
Although Friedman is concerned about the traffic, the possible introduction of invasive species and whale strikes, she feels that if passengers only were allowed on the ferry, it could be good for the local economy.“There could be taxi, bike and car rental stands,” Friedman said. “People could come as our guests and we could provide transportation options. It would create more money and more jobs.”
John Jacobs of Kalaheo was wondering where the county of Kaua‘i fit in the entire equation.“What does the county of Kaua‘i really want?” Jacobs said. “Can’t we vent this out?”Jacobs was also worried about the surf break in Nawiliwili Harbor. He has seen some large turtles on the rocks of the jetty and has wondered how the Superferry would affect them.“Everyone talks about the whales,” Jacobs said. “What about the turtles?”
Some believe Kaua‘i isn’t ready for more people, plain and simple.
Tim Swanson of Kapa‘a feels people, including the local government, haven’t been taking care of what we have and aren’t ready for more people to come to the party.“Our highways, our beaches and our roads, they’re not taking care of it, not putting money into it,” Swanson said. “The people of Kaua‘i haven’t been taking care of Kaua‘i like they should be. We don’t need people here until we can take care of Kaua‘i.”
Timoteo Rysdale of Wailua likes the way things are on Kaua‘i. He doesn’t want what he watches on the nightly news from O‘ahu to come here, mainly crime, he says.“The reason people live here is specifically to not be connected,” Rysdale said.Rysdale feels the situation at hand is a giant civics lesson for the people of Kaua‘i.“What they’re doing is political favoritism of the worst kind,” Rysdale said. “They are trying to go around the law.”
Before supporters could take to the sea to participate in a water protest, demonstrator Auntie Louise gathered the crowd closer so she could give pule.“We’re here to stand against the injustice of the legal process that has happened,” Auntie Louise said. “We’re here to protect the ‘aina.”
Demonstrators then navigated their surfboards, canoes and kayaks down the jetty rocks to the water to gather in the middle of Nawiliwili Harbor in solidarity with demonstrations happening at the same time on Maui, O‘ahu and the Big Island.
According to its Web site, Hawaii Superferry service is expected to resume within the next two weeks.
Monday, November 5, 2007
HI Superferry: Lingle's Conditions and Replies
Lingle's Conditions as an Executive Order at: http://www.hawaii.gov/gov
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
Sunday, November 4, 2007
Nawiliwili Ti Party: Maui Solidarity Meeting 11/4/07
I attended. About 50 committed people were there. The gathering was led by Maui Tomorrow reps. It was positive and intended to show support for the Hawaii Judiciary to stand firm in support of the existing law HRS 343 and not be swayed by the new unconstitutional bill recently passed. Most of the people there spoke and had something good to say. I was impressed by an MCC student named Suzanne who rode her bike to the Wailuku courthouse from Pukalani in the rain to attend this meeting. That's like 14 miles in the rain. This things not over. I'm thinkin' the Superferry manipulators have no idea of the kind of commitment they're up against. A few phrases came out of some things people were saying there: Superferry Kapu!, Aloha Aina, and Malama Maui or Malama Kauai.
BTW, a couple of speakers at the Maui meeting mentioned the military aspects and DU issues associated with the Superferry. One of the people there, Karen Chun, has constructed a good web page on Depleted Uranium in Hawaii at:
http://www.noduhawaii.com/index.html
This just in, here is a brief report on the Kauai "Nawiliwili Ti Party" of 11/4/07:
Last updated November 4, 2007 7:29 p.m. PT
Protests target Hawaii Superferry
THE ASSOCIATED PRESS
LIHUE, Hawaii -- Demonstrators protesting the Hawaii Superferry said Sunday they're worried it could change the outer islands' rural lifestyle and set a precedent for overriding the courts.
About 250 people gathered at the event dubbed the "Nawiliwili Ti Party" at Nawiliwili Park on Kauai, The Kauai Garden Island News reported.
"The reason people live here is specifically to not be connected," said Timoteo Rysdale of Wailua. "We don't need people here until we can take care of Kauai."
The protesters voiced their displeasure over a measure passed by state lawmakers last week allowing the Superferry to start service, circumventing court rulings requiring it to wait for the completion of an environmental study.
The Superferry could resume ocean voyages from Oahu to Maui and Kauai within two weeks.
As part of the event, the demonstrators took to the sea to participate in a water protest. They navigated their surfboards, canoes and kayaks to the middle of Nawiliwili Harbor to show solidarity with protests on Maui, the Big Island and Oahu.
Superferry executives had threatened to leave the state if they had to wait for an environmental review to be done, which could have taken months or years. Gov. Linda Lingle's administration had granted the ferry an exception to the state's environmental laws in 2005.
"The most upsetting thing to me is the process," said demonstrator Andrea Brower of Aliomanu. "It was so undemocratic, so illegal and is undermining the most important environmental law."
Others may see the way lawmakers gave in to the Superferry and think they don't have to obey environmental laws, said Jill Friedman of Kapaa.
"Every time the Legislature doesn't like the judge's decision, it will be challenged," she said.
Protesters also said they were concerned the Superferry could collide with whales, spread invasive species and bring traffic to the island.
BTW, a couple of speakers at the Maui meeting mentioned the military aspects and DU issues associated with the Superferry. One of the people there, Karen Chun, has constructed a good web page on Depleted Uranium in Hawaii at:
http://www.noduhawaii.com/index.html
This just in, here is a brief report on the Kauai "Nawiliwili Ti Party" of 11/4/07:
Last updated November 4, 2007 7:29 p.m. PT
Protests target Hawaii Superferry
THE ASSOCIATED PRESS
LIHUE, Hawaii -- Demonstrators protesting the Hawaii Superferry said Sunday they're worried it could change the outer islands' rural lifestyle and set a precedent for overriding the courts.
About 250 people gathered at the event dubbed the "Nawiliwili Ti Party" at Nawiliwili Park on Kauai, The Kauai Garden Island News reported.
"The reason people live here is specifically to not be connected," said Timoteo Rysdale of Wailua. "We don't need people here until we can take care of Kauai."
The protesters voiced their displeasure over a measure passed by state lawmakers last week allowing the Superferry to start service, circumventing court rulings requiring it to wait for the completion of an environmental study.
The Superferry could resume ocean voyages from Oahu to Maui and Kauai within two weeks.
As part of the event, the demonstrators took to the sea to participate in a water protest. They navigated their surfboards, canoes and kayaks to the middle of Nawiliwili Harbor to show solidarity with protests on Maui, the Big Island and Oahu.
Superferry executives had threatened to leave the state if they had to wait for an environmental review to be done, which could have taken months or years. Gov. Linda Lingle's administration had granted the ferry an exception to the state's environmental laws in 2005.
"The most upsetting thing to me is the process," said demonstrator Andrea Brower of Aliomanu. "It was so undemocratic, so illegal and is undermining the most important environmental law."
Others may see the way lawmakers gave in to the Superferry and think they don't have to obey environmental laws, said Jill Friedman of Kapaa.
"Every time the Legislature doesn't like the judge's decision, it will be challenged," she said.
Protesters also said they were concerned the Superferry could collide with whales, spread invasive species and bring traffic to the island.
Saturday, November 3, 2007
Nawiliwili Ti Party: Some pertinent information
Something useful here from the Nawiliwili Yacht Club:
http://www.nawiliwiliyachtclub.org/current.html
"Harbor Security Issues...
The US Coast Guard recently imposed a new security zone for Nawiliwili harbor due to the protests that occurred with the entry of the Hawai`i Superferry into the harbor. This new security zone limits all private boat movement in the Nawiliwili commercial harbor and small boat harbor from an hour before arrival of the Superferry to ten minutes after its departure. When the Superferry is not scheduled to arrive in Kaua`i, the security zone will not be effect, and the current sailing instructions for the NYC races will apply. When the Superferry is scheduled to arrive in Kaua`i, the security zone will be in effect. The Coast Guard will permit Nawiliwili Yacht Club race boats to transit the security area. The race area will be outside the security zone (i.e. beyond the breakwater). The race committee will install two temporary racing buoys prior to the start of the race and remove them at the conclusion of the race."
About the US Coast Guard Division stationed there:
http://a1400315.uscgaux.info/index.htm
From "Disappeared News" by Larry Geller:
"It appears that the state backed up her verbal threats by ordering up protective body equipment and other stuff for the harbor police that I'm sure our troops in Iraq would be glad to have. See the State Procurement Office website for the procurement request."
Hope all involved understand their personal responsibility regardless of the order coming from a chain of command and esp. if the laws behind the order end up being invalidated. Regarding personal responsibility of the military, see the following:
http://en.wikipedia.org/wiki/Nuremberg_Principles
Aloha
http://www.nawiliwiliyachtclub.org/current.html
"Harbor Security Issues...
The US Coast Guard recently imposed a new security zone for Nawiliwili harbor due to the protests that occurred with the entry of the Hawai`i Superferry into the harbor. This new security zone limits all private boat movement in the Nawiliwili commercial harbor and small boat harbor from an hour before arrival of the Superferry to ten minutes after its departure. When the Superferry is not scheduled to arrive in Kaua`i, the security zone will not be effect, and the current sailing instructions for the NYC races will apply. When the Superferry is scheduled to arrive in Kaua`i, the security zone will be in effect. The Coast Guard will permit Nawiliwili Yacht Club race boats to transit the security area. The race area will be outside the security zone (i.e. beyond the breakwater). The race committee will install two temporary racing buoys prior to the start of the race and remove them at the conclusion of the race."
About the US Coast Guard Division stationed there:
http://a1400315.uscgaux.info/index.htm
From "Disappeared News" by Larry Geller:
"It appears that the state backed up her verbal threats by ordering up protective body equipment and other stuff for the harbor police that I'm sure our troops in Iraq would be glad to have. See the State Procurement Office website for the procurement request."
Hope all involved understand their personal responsibility regardless of the order coming from a chain of command and esp. if the laws behind the order end up being invalidated. Regarding personal responsibility of the military, see the following:
http://en.wikipedia.org/wiki/Nuremberg_Principles
Aloha
Friday, November 2, 2007
HI Superferry: One year ago today...
Superferry Protest @ Nawiliwili Park Superferry protest offers politicians stump
by Lester Chang - THE GARDEN ISLAND
Posted: Thursday, Nov 02, 2006 - 10:49:34 pm HST
Environmental groups plan to stage a car rally Saturday at Nawiliwili Park where Democratic gubernatorial candidate Randy Iwase is expected to argue for an environmental study for the Hawaii Superferry.
Sen. Gary Hooser, D-Kaua‘i-Ni‘ihau, also has been invited and is expected to restate the same need.
Owners of up to 282 vehicles — the same daily number of vehicles the Superferry could unload at Nawiliwili Harbor — are expected to gather at the park, said Kalasara Del Viscovo, a Wailua resident helping to plan the event.
Iwase is scheduled to make his presentation at 3:45 p.m., and Hooser will give his talk at 3 p.m., she said.
Hooser cited the need for an environmental impact statement before the Legislature approved $37.5 million for improvements at state harbors for the ferry service.
Del Viscovo said the “EIS Drive-In” rally is being staged because Gov. Linda Lingle and the Legislature have ignored public demands for the study and because they have not complied with federal environmental protection laws.
Since government leaders won’t do either, “we are doing it ourselves (through the rally),” she said.
Environmental groups like Save Our Seas and the Surf-rider Foundation will be at the park to explain the justification for the study, Del Viscovo said.
Also invited to the gathering are Jim Brewer, a Green Party gubernatorial candidate, incumbent Kaua‘i County Councilmember JoAnn Yukimura and council challengers K.C. Lum, a retired Kaua‘i police chief, and Ming Fang, a Kilauea landowner.
The rally sponsors include People for the Preservation of Kauai, Surfrider Foundation, Sierra Club, Save Our Seas, Green Party of Hawai‘i, GMO-Free Kaua‘i and Malama Kauai.
The news release from the groups states Lingle ignored petitions signed by more than 6,000 residents asking for the study.
Proponents of the EIS were to have met Lingle on O‘ahu to discuss their concerns.
At the same time, state Department of Transportation officials and John Garibaldi, president and chief executive officer for Superferry, have said the EIS isn’t required because the project is not anticipated to create adverse impacts because it is a maritime industry.
The DOT didn’t require a Superferry EIS because the agency did not impose the same requirement on existing port users like Young Brothers and Matson.
Garibaldi has said his company has conducted smaller studies, though not the larger environmental study, because it wants to respond to public concerns related to the Superferry service — coqui frogs, drugs, homelessness and increased traffic congestion on Kaua‘i.
For one thing, Hawaii Superferry has worked with the Hawaii Invasive Species Committee — the umbrella organization for various Neighbor Island invasive species groups — to educate the public about ways to prevent the transporting of undesirable plants and animals, said Terry O’Halloran, director of business development for Hawaii Superferry.
“We are very proactively addressing environmental issues,” O’ Halloran said. “We are doing these things because we want to be a positive part of the Kaua‘i community.”
Del Viscovo said while she believes the project will adversely impact all of Kaua‘i, the area of most immediate impact from the Superferry is Nawiliwili Harbor — the point of entry and departure for the ferry service.
“The road there is really narrow,” she said, “And there are sharp turns in Nawiliwili.”
Contrary to Del Viscovo’s belief 282 vehicles will come off the Superferry at the harbor each day, O’Halloran said his company projects an average of only 110 vehicles a day — ranging from small vehicles to trucks.
At the same time, if 110 vehicles come to Kaua‘i daily, a likewise average number of vehicles will leave the island, O’Halloran said.
So as not to add to the island’s traffic congestion at peak travel times, Hawaii Superferry has adjusted the vessel’s daily arrival time at Nawiliwili Harbor to 5:30 p.m. and a departure time of 6:30 p.m., O’Halloran said.
The Nawiliwili Harbor facility also can accommodate a large number of vehicles so Kaua‘i motorists won’t clog roads while waiting to get on the Superferry, O’Halloran said.
While the Superferry has its critics, it also has its supporters.
“I am in support of the Superferry because it provides an affordable way for families to get to another island,” said Vince Perry, a winner from Kapa‘a. “But I just don’t know what it will bring to Kaua‘i.”
The first Superferry vessel is scheduled to begin operating between Honolulu and Maui and between Honolulu and Kaua‘i next July.
One of the two Superferry ships will come out of a Mobile, Ala., shipyard in mid-December, and put through sea trials before it heads to Hawai‘i, via the Panama Canal, to arrive in Hawaiian waters next May, O’ Halloran said.
That ship will make stops at state ports, including Nawiliwili Harbor, for islanders to see, before it begins official operation in July, O’Halloran said.
A second vessel is scheduled to begin service between the Big Island and Honolulu in early 2009.
by Lester Chang - THE GARDEN ISLAND
Posted: Thursday, Nov 02, 2006 - 10:49:34 pm HST
Environmental groups plan to stage a car rally Saturday at Nawiliwili Park where Democratic gubernatorial candidate Randy Iwase is expected to argue for an environmental study for the Hawaii Superferry.
Sen. Gary Hooser, D-Kaua‘i-Ni‘ihau, also has been invited and is expected to restate the same need.
Owners of up to 282 vehicles — the same daily number of vehicles the Superferry could unload at Nawiliwili Harbor — are expected to gather at the park, said Kalasara Del Viscovo, a Wailua resident helping to plan the event.
Iwase is scheduled to make his presentation at 3:45 p.m., and Hooser will give his talk at 3 p.m., she said.
Hooser cited the need for an environmental impact statement before the Legislature approved $37.5 million for improvements at state harbors for the ferry service.
Del Viscovo said the “EIS Drive-In” rally is being staged because Gov. Linda Lingle and the Legislature have ignored public demands for the study and because they have not complied with federal environmental protection laws.
Since government leaders won’t do either, “we are doing it ourselves (through the rally),” she said.
Environmental groups like Save Our Seas and the Surf-rider Foundation will be at the park to explain the justification for the study, Del Viscovo said.
Also invited to the gathering are Jim Brewer, a Green Party gubernatorial candidate, incumbent Kaua‘i County Councilmember JoAnn Yukimura and council challengers K.C. Lum, a retired Kaua‘i police chief, and Ming Fang, a Kilauea landowner.
The rally sponsors include People for the Preservation of Kauai, Surfrider Foundation, Sierra Club, Save Our Seas, Green Party of Hawai‘i, GMO-Free Kaua‘i and Malama Kauai.
The news release from the groups states Lingle ignored petitions signed by more than 6,000 residents asking for the study.
Proponents of the EIS were to have met Lingle on O‘ahu to discuss their concerns.
At the same time, state Department of Transportation officials and John Garibaldi, president and chief executive officer for Superferry, have said the EIS isn’t required because the project is not anticipated to create adverse impacts because it is a maritime industry.
The DOT didn’t require a Superferry EIS because the agency did not impose the same requirement on existing port users like Young Brothers and Matson.
Garibaldi has said his company has conducted smaller studies, though not the larger environmental study, because it wants to respond to public concerns related to the Superferry service — coqui frogs, drugs, homelessness and increased traffic congestion on Kaua‘i.
For one thing, Hawaii Superferry has worked with the Hawaii Invasive Species Committee — the umbrella organization for various Neighbor Island invasive species groups — to educate the public about ways to prevent the transporting of undesirable plants and animals, said Terry O’Halloran, director of business development for Hawaii Superferry.
“We are very proactively addressing environmental issues,” O’ Halloran said. “We are doing these things because we want to be a positive part of the Kaua‘i community.”
Del Viscovo said while she believes the project will adversely impact all of Kaua‘i, the area of most immediate impact from the Superferry is Nawiliwili Harbor — the point of entry and departure for the ferry service.
“The road there is really narrow,” she said, “And there are sharp turns in Nawiliwili.”
Contrary to Del Viscovo’s belief 282 vehicles will come off the Superferry at the harbor each day, O’Halloran said his company projects an average of only 110 vehicles a day — ranging from small vehicles to trucks.
At the same time, if 110 vehicles come to Kaua‘i daily, a likewise average number of vehicles will leave the island, O’Halloran said.
So as not to add to the island’s traffic congestion at peak travel times, Hawaii Superferry has adjusted the vessel’s daily arrival time at Nawiliwili Harbor to 5:30 p.m. and a departure time of 6:30 p.m., O’Halloran said.
The Nawiliwili Harbor facility also can accommodate a large number of vehicles so Kaua‘i motorists won’t clog roads while waiting to get on the Superferry, O’Halloran said.
While the Superferry has its critics, it also has its supporters.
“I am in support of the Superferry because it provides an affordable way for families to get to another island,” said Vince Perry, a winner from Kapa‘a. “But I just don’t know what it will bring to Kaua‘i.”
The first Superferry vessel is scheduled to begin operating between Honolulu and Maui and between Honolulu and Kaua‘i next July.
One of the two Superferry ships will come out of a Mobile, Ala., shipyard in mid-December, and put through sea trials before it heads to Hawai‘i, via the Panama Canal, to arrive in Hawaiian waters next May, O’ Halloran said.
That ship will make stops at state ports, including Nawiliwili Harbor, for islanders to see, before it begins official operation in July, O’Halloran said.
A second vessel is scheduled to begin service between the Big Island and Honolulu in early 2009.
Thursday, November 1, 2007
HI Superferry: Nawiliwili Ti Party in the News...
** Next time the ti leaf leis will go into Nawiliwili Harbor. **
Quoting from:
Thursday, November 1, 2007
House gives final OK to Hawaii Superferry bill
By Derrick DePledge
Advertiser Government Writer
[...]
"Activists on Kaua'i and Maui are planning protests on Sunday as a prelude for what may happen when the ferry returns. On Kaua'i, protesters are calling their event "The Nawiliwili Ti Party" and may paddle surfboards and kayaks into Nawiliwili Harbor. On Maui, activists may hold hands and surround the Wailuku courthouse where a Maui judge ruled to block the ferry from Kahului Harbor.
"We're going to demonstrate our strength, our determination, and our resolve to protect Hawai'i," said Andrea Brower, an activist with Malama Kaua'i. "It's outrageous that our governor and our Legislature had the audacity to undermine our 30-year-old environmental law."
Brower said many activists have mostly blamed the governor for defending Superferry, but said lawmakers also are culpable. "The Legislature could have chosen not to be co-conspirators," she said."
And a neat blog entry from http://great-hikes.com/blog/?cat=1
First Impressions of Lingle
September 21, 2007
I’ve been avoiding a day-by-day, injunction-by-injunction commentary about the superferry, but on Thursday evening, I attended another protest against the ferry and then a “town hall” meeting with state governor Linda Lingle.
I had several reservations about this meeting. First, the meeting announcement in the newspapers revealed that it was really all about the “unified command” (of Coast Guard, port personnel, attourney general, county mayor) coming to explain how the security zone would be enforced in the harbor and what charges arrested people would face—a scare tactic of sorts. This was very discouraging to Kauaians who thought the governor would actually listen to people’s concerns.
Secondly, I read in the newspaper shortly before the meeting that it was going to be filmed for a live webcast. I have never heard of county or state meetings being rebroadcast live on the web, usually they are available on public access channels several days later. My feeling from this was that the governor wanted to let Kauaians know that others were watching them, as a way to keep people in line or shame them.
The day before the meeting, word was getting around that there would be a gathering of ferry opponents at the Kauai County Building in Lihue, just up the street from the convention hall where the governor would be speaking. Given such short notice, we weren’t sure what to expect, but several hundred people showed up. It was mostly a way for the informal leaders of the ferry opposition groups to encourage protestors to be strong yet respectful at the governor’s meeting.
[photo]
It started with several blessings and prayers in Hawaiian, led by Hawaiian kupuna (elders), as seen in the photo above. JoAnn Yukimura, a former mayor and current council-member, has emerged as the spokesperson for the movement, and she seemed to be coordinating the event. The speakers were obviously chosen to represent the broad spectrum of ferry opponents, including 1000 Friends of Kauai led by a malihini (recent transplant from the mainland), local high-school students, and native Hawaiians. There were t-shirts for sale—literally hot off the presses—with a nice new purple and green map of Kauai saying “EIS First.”
So with our new t-shirts, we all marched down to the convention hall and milled around waiting for the meeting to start. Sitting outside, I noticed these body-boards which I think were the ones being held up by surfers in Nawiliwili harbor on August 27th, the day the ferry itself was being held up. I wonder if they will someday be historic artefacts:
[photo]
Security guards were allowing people to take signs, but not sticks, into the convention hall, so many signs had to be dismantled, and I had to put mine back in my car. By the time I got back, the hall was full and security wasn’t allowing anyone to enter—again a sensible security issue, though frustrating. Eventually, empty seats were filled and the rest of the crowd was allowed in, filling the standing room at the back.
None of my photos inside were very good, it was mostly dark with some bright lights, so my pictures were either dark, over-exposed, blurry, or all of the above. This one the shows how big the crowd was—and the empty seats were those of people standing in line at the microphones to give public testimony:
[photo]
Governor Lingle introduced the panel of speakers, and had them begin their speeches. This is the first time I’ve seen the governor in person, and this is the best picture I took of her (my enlargement in the upper-left corner).
[photo]
There was much booing and interruption, and perhaps this encouraged the panelists to shorten what they had to say. That was no loss because I had read the same information in the newspapers already. Whenever a panelist mentioned the future return of the ferry to Kauai, there was a long and loud booing. Much to her credit, the governor then opened the floor to the public speakers, and really seemed to listen to what people had to say. Led by another speech by Yukimura (now on YouTube, along with rest of the meeting), most of the speakers were voicing their opinion of the ferry and potential harm it might do.
When there was a question, Lingle provided an answer or asked a panelist to answer. The answers were inevitably dissapointing, just reformulating information that had already been available in newspapers or repeating their talking points about how the ferry will arrive and the security zone will be enforced. It was clear that no dialogue was possible, simply because the officials could not be seen as changing their opinion based on any logical or emotional plea from the public. Despite continuing cheers and jeers from the crowd, Lingle was calm and professional, courteous even, showing she is a master politician (and I actually don’t mean that in a bad way).
Protestors had been asked to bring ti leaves and I first thought it was because the ti plant was considered somewhat sacred by the Hawaiians. While wondering if native Hawaiians really waved around ti leaves in protest, I realized it was meant to be a pun on the Boston Tea Party, a key spark of the US Revolution.
[photo]
One of the biggest and heartfelt cheers I saw was when one speaker berated the governor for turning not only the Coast Guard but also the state’s child protective services against the people of Kauai (she has threatened to have them investigate parents whose children were or may be involved with a harbor blockade). I think the response was so heartfelt because, like me, it was a new way of looking at how sad the situation really is. During the long cheering, I held my daughter up on my shoulders, and then I actually started tossing her up in the air a few inches and catching her above my head—like most kids, she loves this and it always makes her laugh. After catching her, I would look at the governor, and while I can’t say she saw us, she was looking exactly in our direction and we were clearly visible.
About minors participating in civil disobedience actions, I think I would neither encourage nor discourage my child from participating. Several high school students stepped up to the microphone to give their testimony, and you could tell that their passion came from within, not from adults. I remember being somewhat of an activist in high school: I helped the environmental club set up recycling containers, and I wrote letters for Amnesty International. So I admire students who get involved, it shows their maturity even if they are taking risks—but then so are all those who jump in the water.
Another high point was when a speaker complained about the impact of the security zone on other harbor users (paddlers, fishermen, sailboat races). The exclusion zone is to be enforced an hour before ferry arrival until 10 minutes after departure, 6 days a week. Legitimate users can ask for a variance, and this speaker was asking how to obtain one because after several calls to the Coast Guard, no one could tell her. The rear-admiral fumbled in her papers and finally read off a number. Several people yelled hana hou (again, encore), and somebody must’ve tried to call with a cell phone because they said it was not in service. The rear-admiral then mumbled something about still being in the process of getting set-up before being drowned out by the booing. It’s clear that this speaker probably wasn’t asking for a legitimate variance, but it shows how the whole idea of a security zone is a weak fabrication, not a workable plan.
Here a short video I took during another round of cheering:
[video]
Finally, the Planet Kauai blog has some more coverage of this meeting, with a more impartial but fair assessement of the heated atmosphere, as well as some good insights.
And a continuation of the following:
Newswatch
By Star-Bulletin Staff
Wednesday, August 18, 1999
Hawaiians will march in D.C. again
By Pat Omandam
Star-Bulletin
Native Hawaiian organizers have begun plans for another march on Washington, D.C., next summer.
Building on the success of the August 1998 Aloha March on the nation's capital, organizer Butch Kekahu of Kauai envisions 20,000 native Hawaiians and their supporters in Aloha March 2000 to bring attention to the plight of native Hawaiians with hopes of reconciliation between Hawaiians and the United States.
He said Hawaiians have struggled for decades to retain land and political rights. He said the sovereignty movement gained momentum and national attention in 1993 when President Clinton signed U.S. Public Law 103-150. That resolution acknowledged the role of Americans in the 1893 overthrow of the Hawaiian monarchy and urged reconciliation among the parties.
The four goals of the march, planned for Aug. 11-12 in Washington, D.C., are to:
Educate Americans on the plight of Hawaiians;
Demonstrate a solidarity among native Hawaiians for self-determination;
Showcase the many nonnative Hawaiians who support this process;
Persuade the U.S. government that reconciliation must begin.
"I would like this nation of Hawaii to come back to the people," Kekahu said.
Preceding the march on July 4, organizers also plan to stage a native Hawaiian version of the Boston Tea Party. Supporters will cast Hawaiian ti leaf leis into the waters of Boston Harbor.
** Next time the ti leaf leis will go into Nawiliwili Harbor. **
Quoting from:
Thursday, November 1, 2007
House gives final OK to Hawaii Superferry bill
By Derrick DePledge
Advertiser Government Writer
[...]
"Activists on Kaua'i and Maui are planning protests on Sunday as a prelude for what may happen when the ferry returns. On Kaua'i, protesters are calling their event "The Nawiliwili Ti Party" and may paddle surfboards and kayaks into Nawiliwili Harbor. On Maui, activists may hold hands and surround the Wailuku courthouse where a Maui judge ruled to block the ferry from Kahului Harbor.
"We're going to demonstrate our strength, our determination, and our resolve to protect Hawai'i," said Andrea Brower, an activist with Malama Kaua'i. "It's outrageous that our governor and our Legislature had the audacity to undermine our 30-year-old environmental law."
Brower said many activists have mostly blamed the governor for defending Superferry, but said lawmakers also are culpable. "The Legislature could have chosen not to be co-conspirators," she said."
And a neat blog entry from http://great-hikes.com/blog/?cat=1
First Impressions of Lingle
September 21, 2007
I’ve been avoiding a day-by-day, injunction-by-injunction commentary about the superferry, but on Thursday evening, I attended another protest against the ferry and then a “town hall” meeting with state governor Linda Lingle.
I had several reservations about this meeting. First, the meeting announcement in the newspapers revealed that it was really all about the “unified command” (of Coast Guard, port personnel, attourney general, county mayor) coming to explain how the security zone would be enforced in the harbor and what charges arrested people would face—a scare tactic of sorts. This was very discouraging to Kauaians who thought the governor would actually listen to people’s concerns.
Secondly, I read in the newspaper shortly before the meeting that it was going to be filmed for a live webcast. I have never heard of county or state meetings being rebroadcast live on the web, usually they are available on public access channels several days later. My feeling from this was that the governor wanted to let Kauaians know that others were watching them, as a way to keep people in line or shame them.
The day before the meeting, word was getting around that there would be a gathering of ferry opponents at the Kauai County Building in Lihue, just up the street from the convention hall where the governor would be speaking. Given such short notice, we weren’t sure what to expect, but several hundred people showed up. It was mostly a way for the informal leaders of the ferry opposition groups to encourage protestors to be strong yet respectful at the governor’s meeting.
[photo]
It started with several blessings and prayers in Hawaiian, led by Hawaiian kupuna (elders), as seen in the photo above. JoAnn Yukimura, a former mayor and current council-member, has emerged as the spokesperson for the movement, and she seemed to be coordinating the event. The speakers were obviously chosen to represent the broad spectrum of ferry opponents, including 1000 Friends of Kauai led by a malihini (recent transplant from the mainland), local high-school students, and native Hawaiians. There were t-shirts for sale—literally hot off the presses—with a nice new purple and green map of Kauai saying “EIS First.”
So with our new t-shirts, we all marched down to the convention hall and milled around waiting for the meeting to start. Sitting outside, I noticed these body-boards which I think were the ones being held up by surfers in Nawiliwili harbor on August 27th, the day the ferry itself was being held up. I wonder if they will someday be historic artefacts:
[photo]
Security guards were allowing people to take signs, but not sticks, into the convention hall, so many signs had to be dismantled, and I had to put mine back in my car. By the time I got back, the hall was full and security wasn’t allowing anyone to enter—again a sensible security issue, though frustrating. Eventually, empty seats were filled and the rest of the crowd was allowed in, filling the standing room at the back.
None of my photos inside were very good, it was mostly dark with some bright lights, so my pictures were either dark, over-exposed, blurry, or all of the above. This one the shows how big the crowd was—and the empty seats were those of people standing in line at the microphones to give public testimony:
[photo]
Governor Lingle introduced the panel of speakers, and had them begin their speeches. This is the first time I’ve seen the governor in person, and this is the best picture I took of her (my enlargement in the upper-left corner).
[photo]
There was much booing and interruption, and perhaps this encouraged the panelists to shorten what they had to say. That was no loss because I had read the same information in the newspapers already. Whenever a panelist mentioned the future return of the ferry to Kauai, there was a long and loud booing. Much to her credit, the governor then opened the floor to the public speakers, and really seemed to listen to what people had to say. Led by another speech by Yukimura (now on YouTube, along with rest of the meeting), most of the speakers were voicing their opinion of the ferry and potential harm it might do.
When there was a question, Lingle provided an answer or asked a panelist to answer. The answers were inevitably dissapointing, just reformulating information that had already been available in newspapers or repeating their talking points about how the ferry will arrive and the security zone will be enforced. It was clear that no dialogue was possible, simply because the officials could not be seen as changing their opinion based on any logical or emotional plea from the public. Despite continuing cheers and jeers from the crowd, Lingle was calm and professional, courteous even, showing she is a master politician (and I actually don’t mean that in a bad way).
Protestors had been asked to bring ti leaves and I first thought it was because the ti plant was considered somewhat sacred by the Hawaiians. While wondering if native Hawaiians really waved around ti leaves in protest, I realized it was meant to be a pun on the Boston Tea Party, a key spark of the US Revolution.
[photo]
One of the biggest and heartfelt cheers I saw was when one speaker berated the governor for turning not only the Coast Guard but also the state’s child protective services against the people of Kauai (she has threatened to have them investigate parents whose children were or may be involved with a harbor blockade). I think the response was so heartfelt because, like me, it was a new way of looking at how sad the situation really is. During the long cheering, I held my daughter up on my shoulders, and then I actually started tossing her up in the air a few inches and catching her above my head—like most kids, she loves this and it always makes her laugh. After catching her, I would look at the governor, and while I can’t say she saw us, she was looking exactly in our direction and we were clearly visible.
About minors participating in civil disobedience actions, I think I would neither encourage nor discourage my child from participating. Several high school students stepped up to the microphone to give their testimony, and you could tell that their passion came from within, not from adults. I remember being somewhat of an activist in high school: I helped the environmental club set up recycling containers, and I wrote letters for Amnesty International. So I admire students who get involved, it shows their maturity even if they are taking risks—but then so are all those who jump in the water.
Another high point was when a speaker complained about the impact of the security zone on other harbor users (paddlers, fishermen, sailboat races). The exclusion zone is to be enforced an hour before ferry arrival until 10 minutes after departure, 6 days a week. Legitimate users can ask for a variance, and this speaker was asking how to obtain one because after several calls to the Coast Guard, no one could tell her. The rear-admiral fumbled in her papers and finally read off a number. Several people yelled hana hou (again, encore), and somebody must’ve tried to call with a cell phone because they said it was not in service. The rear-admiral then mumbled something about still being in the process of getting set-up before being drowned out by the booing. It’s clear that this speaker probably wasn’t asking for a legitimate variance, but it shows how the whole idea of a security zone is a weak fabrication, not a workable plan.
Here a short video I took during another round of cheering:
[video]
Finally, the Planet Kauai blog has some more coverage of this meeting, with a more impartial but fair assessement of the heated atmosphere, as well as some good insights.
And a continuation of the following:
Newswatch
By Star-Bulletin Staff
Wednesday, August 18, 1999
Hawaiians will march in D.C. again
By Pat Omandam
Star-Bulletin
Native Hawaiian organizers have begun plans for another march on Washington, D.C., next summer.
Building on the success of the August 1998 Aloha March on the nation's capital, organizer Butch Kekahu of Kauai envisions 20,000 native Hawaiians and their supporters in Aloha March 2000 to bring attention to the plight of native Hawaiians with hopes of reconciliation between Hawaiians and the United States.
He said Hawaiians have struggled for decades to retain land and political rights. He said the sovereignty movement gained momentum and national attention in 1993 when President Clinton signed U.S. Public Law 103-150. That resolution acknowledged the role of Americans in the 1893 overthrow of the Hawaiian monarchy and urged reconciliation among the parties.
The four goals of the march, planned for Aug. 11-12 in Washington, D.C., are to:
Educate Americans on the plight of Hawaiians;
Demonstrate a solidarity among native Hawaiians for self-determination;
Showcase the many nonnative Hawaiians who support this process;
Persuade the U.S. government that reconciliation must begin.
"I would like this nation of Hawaii to come back to the people," Kekahu said.
Preceding the march on July 4, organizers also plan to stage a native Hawaiian version of the Boston Tea Party. Supporters will cast Hawaiian ti leaf leis into the waters of Boston Harbor.
** Next time the ti leaf leis will go into Nawiliwili Harbor. **
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