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The Honolulu Advertiser

Updated at 4:29 p.m., Monday, November 5, 2007

Bill signed to let Hawaii Superferry resume service

Advertiser Staff

Gov. Linda Lingle has signed a bill allowing Hawaii Superferry to resume service while the state conducts an environmental impact statement.

Lingle also released a set of 40 operating conditions on Superferry aimed at protecting the environment.

In addition, the state and Hawaii Superferry will file a motion before Circuit Court Judge Joseph Cardoza today asking him to immediately lift his injunction and allow Superferry to operate out of Kahului Harbor.

"I hope the judge quickly lifts the injunction so the people can begin benefiting from this new and important service," Lingle said.

In an announcement this morning, Lingle said, "This legislation and the conditions the ferry service will be required to follow will preserve an important interisland transportation alternative for the people of Hawai'i while protecting our natural and cultural resources. I want to commend the bipartisan effort of the Legislature to pass this bill. I also want to thank all of our citizens who took the time to contact lawmakers or who testified in person to make their voices heard on this important issue."

John Garibaldi, president and CEO of Hawaii Superferry, said

"We appreciate Governor Lingle's and the Legislature's timely action of signing into law a bill that allows Hawaii Superferry to operate while the state conducts an EIS," according to a news release.

"Hawaii Superferry believes that the operating conditions outlined by the governor are reasonable and fair under the current circumstances. As we stated last week, we look forward to resuming service once all operational, regulatory and legal steps are completed," the release said.

Based on the input she received from various environmental and other groups, Lingle established conditions on Superferry designed to reduce the risk of the ferry striking a whale or other marine mammal, minimize the transport of invasive species between the islands, preserve ocean and coastal water quality, protect cultural resources, lower the impact of cars on local traffic, and ensure public safety and security.

Lingle said she knows that not everyone will be happy with the conditions "but the decisions I have made clearly represent a good-faith effort to include meaningful conditions that don't seriously hamper the ferry's chance to succeed."

Various environmental groups, including the Sierra Club, Maui Tomorrow and The Nature Conservancy, suggested to the governor that the state conduct a rapid risk assessment during the first months of the ferry's operation "and I have already directed the Department of Transportation to commission such a study," Lingle said.

Specific conditions Hawai'i Superferry will be required to follow include:

  • Post two persons to act as whale lookouts and request that National Marine Fisheries Service certified fisheries observers, currently residing in Hawai'i, such as graduates and members of Alu Like's Marine Stewardship Program, be on board Hawai'i Superferry's ships to monitor marine life and warn the ship's crew in time to prevent potential collisions.

  • Avoid operating within the Hawaiian Islands Humpback Whale National Marine Sanctuary or in waters less than 100 fathoms from Jan. 1 to April 30, except in instances that are in the interest of the safety or comfort of passengers.

  • Conduct agricultural screenings and inspections of passengers and all vehicles, including visual inspections of engines, interiors, undercarriages, wheel wells, trunks, and beds of pickup trucks. Vehicles that are excessively muddy or that have prohibited items will be turned away, or the prohibited items taken away.

  • Notify passengers in advance that all vehicles, camping, hiking, hunting, diving, snorkeling, fishing and boating equipment should be thoroughly washed and free of debris.

  • Ban living plants and propagative plant parts that are not accompanied by a Hawai'i Department of Agriculture Certificate of Inspection.

  • Require passengers to declare all plants, fruits and seeds, and permit inspections of such items by the Department of Agriculture.

  • Consider establishing a special transport rate for agricultural products.

  • Prohibit the transport of logs, cut trees, and tree limbs.

  • Ban the transport of rocks, soil, sand, dirt, or dead coral, except for soil or dirt in potted plants inspected and cleared for transport by the Department of Agriculture.

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

  • Prohibit the transport of iwi or human bones.

  • Provide passengers with information concerning restrictions on the use of cultural and natural resources, including hunting and fishing rules and camping permit requirements.

  • Consider adding a cultural briefing on Hawai'i's cultural and natural resources as part of its on-board education program.

  • Comply with all state water pollution laws, rules and regulations, and refrain from discharging wastewater into the ocean.

  • Conduct complete traffic studies and implement a vehicle movement and management plan for each port of operation as directed by the Department of Transportation. The traffic studies will be used to adjust vessel arrival and departure schedules as necessary to lessen the impact of arriving cars on local traffic.

  • Employ trained staff to manage traffic entering and exiting each port terminal facility and post security guards or off-duty police officers to direct traffic and control signals to minimize traffic problems.

  • Cooperate with any risk assessment conducted by or authorized by the Department of Transportation and the Department of Agriculture.