WAILUKU, Maui — A marine mammal biologist yesterday testified the Hawaii Superferry's planned winter route will allow its high-speed catamaran to avoid seas containing high densities of humpback whales.

Researcher Mark Fraker of British Columbia, Canada, said the seasonal Honolulu-to-Maui route that travels north of Moloka'i is the primary reason he feels the 350-foot Alakai will have a "negligible" impact on whales. The route avoids waters of 100 fathoms or less that are preferred by whales.

Fraker was hired by Hawaii Superferry to testify at a Maui Circuit Court hearing on whether the company can resume service while the state conducts an environmental assessment of ferry-related projects at Kahului, Honolulu, Kawaihae and Nawiliwili harbors. The interisland ferry has been out of service since Aug. 27 due to a Maui court order and anti-ferry protests on Kaua'i.

TESTIMONY OPPOSED

The potential for ferry-whale collisions is a concern of the Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition, which have been pushing for the assessment.

Attorney Isaac Hall, representing the three groups, opposed Fraker's appearance, noting Fraker has never conducted research in Hawai'i, nor studied humpback whales, spinner dolphins and other marine mammals that inhabit Hawaiian waters.

Fraker's 30-year career has largely been spent studying beluga and bowhead whales, sea lions and other marine mammals in Arctic and northern seas.

After Judge Joseph Cardoza ruled that Fraker could speak, the biologist testified the Alakai's maneuverability and other aspects of the Hawaii Superferry's whale-avoidance policy, such as slowing to 25 knots in shallower waters and posting two dedicated onboard whale lookouts, further reduce the collision risk.

There have been an average of 4.8 boat-whale strikes annually in Hawai'i over the past five seasons. Considering the amount of vessel traffic in Island waters and the relatively small incidences of collisions, Fraker said he wouldn't expect the ferry to add greatly to that number.

He also said whales would be able to hear the ferry approaching.

"Normally most whales avoid vessels, and noise from the engines of the Alakai is most likely going to alert whales to its presence and movements," he said.

With an estimated 7,000 to 9,000 humpbacks migrating to Hawai'i annually, Fraker said that if one or two of the endangered whales were killed annually in ferry collisions, the impact on the overall population would be inconsequential.

Hall pointed out it is illegal to harm humpbacks, and that Hawaii Superferry has not applied for an incidental-take permit from the National Marine Fisheries Service that would allow the company to avoid prosecution for unintentional collisions. As part of obtaining a permit, applicants must work with federal officials on a conservation plan to reduce the risk of harm.

OTHER ROUTE URGED

In earlier testimony, Greg Kaufman of the Pacific Whale Foundation recommended the ferry travel even farther north than currently planned, and at a speed of 13 knots.

The ferry's cruising speed is 37 knots, or about 43 mph.

He said the slower speed would give the Alakai's crew more time to react to whale sightings and would substantially reduce the risk of serious injury and death to whales in a collision.

In response to a question by Hall, Fraker acknowledged he was aware of reduced vessel speed limits in Glacier Bay, Alaska, and off areas of the East Coast frequented by North Atlantic right whales, whose numbers have been greatly threatened by vessel strikes.

Fraker's testimony will continue at 10:30 a.m. today.

Reach Christie Wilson at cwilson@honoluluadvertiser.com.