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The Honolulu Advertiser
Posted on: Tuesday, November 6, 2007

Hawaii officials plan security for Superferry

 •  Hawaii Superferry conditions finalized

By Kevin Dayton
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Kaua'i police SWAT officers, shown here during the Sept. 5 protest, arrested several surfers who blocked the Superferry from getting through the entrance to Nawiliwili Harbor. New protests are planned.

ADVERTISER LIBRARY PHOTO | Sept. 5, 2007

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HERE ARE SOME OF THE OPERATING CONDITIONS PUT ON SUPERFERRY.

  • Post two people as whale lookouts.

  • Avoid operating within the whale sanctuary or in waters less than 100 fathoms deep from Jan. 1 to April 30.

  • Conduct agricultural screenings and inspections of passengers and all vehicles.

  • All living plants and propagative plant parts, such as roots, must have a state Department of Agriculture certificate of inspection.

  • Ban the transport of rocks, soil, sand, dirt or dead coral.

  • Ban the transport of 'opihi, lobster or other crustaceans, and all fishing nets.

    Source: Lingle administration

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    Hawaii news photo - The Honolulu Advertiser

    The Hawaii Superferry remains docked at Honolulu Harbor as Superferry officials resolve issues with the state before the ship resumes service to Maui and Kaua'i.

    RICHARD AMBO | The Honolulu Advertiser

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    The Coast Guard believes it has the vessels and crews it needs to secure Kahului and Nawiliwili harbors if protesters again turn out when Hawaii Superferry resumes service. People who were present for the Kaua'i protests in August are predicting many demonstrators.

    While the Coast Guard will not discuss specific steps it plans to take when service resumes, Coast Guard Lt. John Titchen said the plan may involve support from Coast Guard units on the Mainland.

    "It is likely that we will use the best response platforms that we have. We may include small boats from assets on the Mainland," Titchen said. "We'll have to assess the situation, and our goal here is to mitigate any confrontation, to not exacerbate the situation."

    Overall, the effort is designed "to enforce the law, to enforce the security zone," he said.

    Superferry officials have given no firm date for restarting service. There are still issues that need to be resolved, said Brooke Wilson, of McNeil-Wilson Communications and a Superferry spokeswoman.

    John Garibaldi, Superferry president and chief executive officer, has said that it would take about two weeks to resume the operation once all the necessary approvals and legal processes are complete, but that hasn't happened yet, Wilson said.

    "(When) the legal matters and process are completed and we do indeed have a green light to sail, we will announce a start date as well as a time we will start selling tickets," Wilson said.

    Police expect to meet with Coast Guard and state harbors officials to work out final security arrangements for the Superferry.

    Maui Police Chief Thomas Phillips said police will meet with the other agencies and "plan accordingly."

    "We had a contingency plan the last time the boat came in, and we're hoping people will remain within the law, that's the main thing," he said.

    Kaua'i Police Chief Darryl Perry said police there also are planning for the possibility of demonstrations, "and hopefully when the Superferry does start running again, everything will work out for everyone's sake."

    "We have our operations plan in place, and we just want to assure the public that we are there to safeguard everyone's constitutional rights, and their right to assembly and freedom of speech, freedom of expression. We're also there to make sure that no laws are broken, but first and foremost, we want to make sure that nobody gets hurt if in fact a demonstration takes place," Perry said.

    State Sen. Gary Hooser, D-7th (Kaua'i, Ni'ihau), urged those who plan to protest to behave safely and legally and suggested that the Superferry enter into a ho'oponopono conflict-resolution process with the community, led by an independent third party. He also suggested that Hawaii Superferry delay resuming service to Kaua'i until that process plays out.

    "I don't believe healing rifts ... or repairing the community damage, I don't believe that's going to come from arresting people or increasing police presence. I don't think that's the answer," Hooser said. "I think the Superferry needs to demonstrate to our community and to communities around the state that they want to be good citizens, good neighbors, and they need to take some open and public actions to demonstrate that."

    Gov. Linda Lingle signed a bill Friday authorizing the Hawaii Superferry to operate while an environmental assessment is prepared.

    However, the bill passed during a six-day special legislative session that ended last week requires Lingle to draft rules to govern the operation of the ferry, and the state still has to persuade Maui Circuit Judge Joseph Cardoza to lift an injunction that prevents the vessel from using Kahului Harbor.

    Rich Hoeppner, chairman of People for the Preservation of Kaua'i, said he "definitely" believes protests are more likely on Maui and Kaua'i in the wake of last week's special session. The fact that lawmakers essentially reversed a court ruling that an environmental assessment had to be completed before the Superferry can operate has fueled some of the anger.

    The state Supreme Court ruled in August that an environmental assessment must be done for Hawaii Superferry, but the ship began operations after the ruling and two days ahead of schedule. Critics said they interpreted that as a "slap in the face," and hundreds of protesters took to the water at Nawiliwili on Aug. 26 after the ship arrived.

    The protesters held the Superferry at bay for nearly two hours that day, and the following day the ship left Kaua'i without being able to get through a human blockade at the Nawiliwili Harbor entrance. About a dozen protesters were arrested over the two days.

    The company suspended service to Kaua'i, and Maui judge Cardoza later issued an injunction halting Superferry service to that island. Lawmakers then met last week to pass a bill allowing the Superferry to continue to operate while the state completes the legally required environmental review.

    Titchen said the Coast Guard district commander has acknowledged the agency was "caught off guard by the demonstrators and their passion on Kaua'i," and the Coast Guard has worked with the state and county on a plan that balances security at the harbor and allows the Superferry to operate.

    "I can't give you a hard number of assets, but obviously we will look at what has transpired before. We will continue to assess the situation and respond with an adequate number of resources," he said.

    The Coast Guard has established security zones in Nawiliwili Harbor, and also declared that the area within 100 yards on any side of the Superferry in Kahului Harbor also is a security zone. Titchen said a violation of a federal security zone is punishable by a fine of up to $32,500 per day for each violation, and a federal prison term of up to 10 years.

    "We would like to communicate as best we can with everyone involved the seriousness of the nature of violating a security zone, and reiterate that it is against the law," he said.

    The Coast Guard has about 1,500 active-duty personnel in its 14th District that includes Hawai'i, although some of those are based on Guam and in American Samoa. Titchen said the Coast Guard district has 378-foot high-endurance cutters, buoy tenders, 110-foot and 87-foot patrol boats, and 14 smaller boats in the district.

    Superferry spokeswoman Wilson said company officials have plans for outreach efforts on Maui and Kaua'i, and "we're definitely open to ho'oponopono with some of the people who have opposed Superferry over the last few months."

    Advertiser reporter Sean Hao contributed to this report.

    Reach Kevin Dayton at kdayton@honoluluadvertiser.com.


    Correction: Gov. Linda Lingle signed a bill Friday authorizing the Hawaii Superferry to operate while an environmental assessment is prepared. A previous version of this story had outdated information.