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The Honolulu Advertiser
Posted on: Friday, August 31, 2007

Still no solution to Hawaii ferry protests

Video: Coast Guard addresses Superferry suspension at press conference
 •  Superferry sails into state crisis
StoryChat: Comment on this story

By Rick Daysog
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

While the Superferry is moored at Pier 19, Coast Guard and state officials are working on an action plan to contend with protesters on Kaua'i.

REBECCA BREYER | The Honolulu Advertiser

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Hawaii news photo - The Honolulu Advertiser

Hawaii Superferry President and CEO John Garibaldi is on The Hot Seat for a live blog chat today from noon to 1 p.m. Join the conversation at www.honoluluadvertiser.com/Opinion

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Three days after protesters blocked the Hawaii Superferry's entry into Kaua'i, the U.S. Coast Guard said it is still working on a plan of action for providing safe passage.

Local Coast Guard officials also defended the agency's handling of the blockade at Nawiliwili Harbor, saying the event called for considerable "restraint."

"When you are dealing with a situation on the water at night, it is very dangerous. ... The potential for serious injury during a confrontation on the water is very significant," said Coast Guard Capt. Charlie Ray, who is serving as acting commander of the Hawai'i district.

Superferry officials said yesterday that they will not restart Kaua'i service until Coast Guard and local law enforcement officials can give safety assurances.

Coast Guard officials met with representatives of the Superferry, the state Department of Land and Natural Resources and other state and county officials yesterday and Wednesday to work out a policy to deal with the Kaua'i protests.

Ray declined to provide details on how the Coast Guard plans to deal with the crisis nor did he say how soon they will come up with an action plan.

"We are considering multiple options," Ray said.

"What we have to do is devise something that is very easily understood by the public ... so we can tell all of the citizens what the law is and what the repercussions are of breaking the law."

Superferry Chief Executive Officer John Garibaldi expressed frustration on Wednesday that law enforcement agencies have been unable to secure the safety of the Kaua'i harbor.

The Superferry launched its passenger service Sunday with deeply discounted $5 one-way fares. The company has suffered a series of setbacks since then, including the successful blockade of the ferry by dozens of protesters on surfboards and kayaks in the Kaua'i harbor on Monday.

The Superferry's Honolulu-to-Maui service also has been postponed until Thursday at the earliest under the terms of a temporary restraining order issued by Maui Circuit Judge Joseph Cardoza.

Cardoza's ruling came after the state Supreme Court ruled last week that the state should have conducted an environmental assessment on the impacts of the ferry service.

Yesterday, state Rep. Hermina Morita, D-14 (Hanalei, Anahola, Kealia, Kapa'a, Waipouli), asked the Department of Transportation to order a halt to the ferry service to Kaua'i in the wake of the Supreme Court's ruling.

Morita said she believes that the DOT disregarded the law when it approved the Superferry's operations without requiring an environmental review.

"The use of the state's harbor facilities, including Nawiliwili Harbor, is not appropriate at this time," Morita said in a news release.

"Moreover, until all legal matters are resolved or there is further guidance from the Supreme Court, the DOT needs to respect the rule of the law."

The shutdown of the Superferry's Kaua'i and Maui operations is proving costly for the company with no income and many fixed expenses, including about $22,000 a day in interest payments on bonds.

Reach Rick Daysog at rdaysog@honoluluadvertiser.com.