Posted on: Thursday, January 23, 2003

Moloka'i harbor decision delayed

By Timothy Hurley
Advertiser Maui County Bureau

WAILUKU, Maui — A Maui Circuit Court judge yesterday delayed for two weeks a decision on whether to require a formal environmental review before cruise ships are allowed to shuttle passengers into Moloka'i's Kaunakakai Harbor.

Judge Shackley Raffetto said he wanted more time to review a brief that was submitted late to the court. He continued the hearing until 9:30 a.m. Feb. 5.

The environmental advocacy law firm Earthjustice filed the suit on behalf of the Moloka'i community group Hui Ho'opakele 'Aina, which fears environmental and social impact to the rural island.

In addition to going to court, the group has lobbied politicians for tougher cruise industry regulations and 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.

In court yesterday, Earthjustice attorney Isaac 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.

In giving Holland America Line permission to use the wharf, state officials failed to uphold their constitutional duty as a trustee over public lands and natural resources, Moriwake said.

Moloka'i's vast south shore reef is at risk of anchor damage and pollution, and the threats are real because of the cruise industry's spotty environmental record, he said.

Deputy Attorney General Lane Ishida argued against the environmental requirement, saying: "This case is about discriminating against the cruise ships.''

"This is not a new use of the harbor,'' he said. "All we're talking about is loading and unloading passengers. This is the same thing that has been going on since the harbor was built in 1929.''

Ishida said the harbor is open 24 hours a day, and no approvals are needed for its use.

"It's a public facility, like a park or an airport. Everybody's entitled to use it,'' he said.

He compared the harbor to the Blaisdell Arena.

"The fact that the Honolulu Symphony doesn't sell out the Blaisdell, and Elton John does ... that doesn't trigger an environmental review.''

Ishida said the only approval Holland America sought from the state was a reservation granting priority in using the wharf during port calls.

Afterward, Hui Ho'opakele 'Aina leader Walter Ritte Jr. said the state's argument ignores its stewardship responsibility.

"All the state looks at is loading and unloading, and therefore everything is OK. How can they be that blind?'' he said.