Posted on: Thursday, February 6, 2003

Moloka'i remains open to cruise ship visits

By Timothy Hurley
Advertiser Maui County Bureau

WAILUKU, Maui — A Maui Circuit Court judge yesterday rejected an attempt to halt cruise ship visits to Moloka'i while a formal environmental review is done.

Judge Shackley Raffetto refused to grant a preliminary injunction to Hui Ho'opakele 'Aina, saying the Moloka'i group failed to prove its legal action had merit, would prevent irreparable harm or favors the public interest.

The environmental advocacy law firm Earthjustice filed the suit on behalf of the group out of concern about potential environmental and social effects of cruise ship visits to the rural island of 7,300 residents.

Earthjustice attorney Isaac Moriwake called it a sad day for the Moloka'i environment. "When the Moloka'i community is denied its basic rights like this, the state or the cruise line can't be justified in calling themselves the victors. Basically, everyone is a loser today," he said.

Moriwake said his clients will seek a summary judgment on their lawsuit and will consider appealing yesterday's ruling.

Honolulu attorney Nathan Natori, representing Holland America Line and Princess Cruises, which are named in the suit along with the state, declined to comment.

Hui Ho'opakele 'Aina organized protests against the Holland America Line cruise ship Statendam, which canceled its first two scheduled visits to Moloka'i for reasons unrelated to the controversy. The next scheduled stop is April 15.

Attorneys presented their arguments on the preliminary injunction two weeks ago, but Raffetto delayed his ruling because of the filing of a late brief.

In court two weeks ago, Moriwake argued that the cruise ship visits would significantly expand the intended use of the harbor, triggering federal requirements for an environmental assessment of the impact.

Not only do the cruise ship passengers have the potential to overrun the small island, he said, but Moloka'i's vast south shore reef would be subject to anchor damage and pollution caused by the ships. In granting the cruise ships permission to shuttle passengers into Kaunakakai Harbor without more information about the effects, state officials failed as stewards of the harbor and of the island's environmental resources, Moriwake argued.

Deputy Attorney General Lane Ishida countered that the case is merely about discriminating against cruise ships. He said Kaunakakai Harbor is open to anyone 24 hours a day, and no approvals are needed for its use.