KAHULUI, Maui — A NOAA Fisheries official yesterday applauded the Hawaii Superferry for devising a whale-avoidance policy unlike any other in Hawaiian waters but expressed concern the plan didn't substantially reduce the risk of harm to endangered humpback whales from the high-speed vessel.

The potential for ferry-whale collisions also was the topic of a Maui court hearing yesterday on whether the ferry should be allowed to resume interisland service while the state conducts an environmental review of publicly funded ferry-related projects at four harbors. A decision is not expected for several days.

Chris Yates, head of the Protected Resources Division for NOAA Fisheries in Hawai'i, did not appear at the court session on a request for a permanent injunction filed by the Sierra Club, Maui Tomorrow and the Kahului Harbor Coalition, but he told The Advertiser that the federal agency is "very concerned" about vessel-whale collisions, not only involving the new 350-foot interisland ferry but other types of large, fast-moving ships that have a higher risk of striking whales.

"Speed kills, and that stands true for highways and for boats and whales," he said.

The Superferry launched service Aug. 26 between Honolulu, Maui and Kaua'i, but was stopped a day later by a Maui court order and protests on Kaua'i. A temporary restraining order remains in effect preventing the ferry from using Kahului Harbor; company officials have not announced when they will resume service to Kaua'i.

The state-of-the-art catamaran travels at about 35 knots, or roughly 40 mph. For comparison, NCL America's Pride of America cruise ship based in Hawai'i and Matson container ships cruise at about 22 knots, according to their companies' Web sites.

AN EARLY CONCERN

Whale collisions were an early concern for Hawaii Superferry officials, who participated in a 2003 workshop on issues surrounding vessel-whale strikes that was sponsored by the Hawaiian Islands Humpback Whale National Marine Sanctuary.

The company also worked closely with the sanctuary's volunteer advisory council to design a whale-avoidance policy that includes avoiding when possible waters of 100 fathoms (600 feet) or less, where whales prefer to congregate, or slowing to no more than 25 knots in those shallower waters, and altering its routes to sail outside sanctuary boundaries during whale season.

"We're pleased that the Hawaii Superferry went to the effort to reduce the likelihood of striking whales, but their whale-avoidance policy would not eliminate or mitigate that threat enough to make us comfortable that the Hawaii Superferry would not hit or injure whales," Yates said.

He said that unlike Alaska and the Pacific Northwest, where ferries share the ocean with whales, Hawai'i is a calving ground for humpbacks. Juveniles and whale calves are more vulnerable to boat strikes because they spend more time at the surface, according to Yates.

There were six vessel-whale collisions in Hawai'i during the past whale season, he said.

"As with all ocean vessels, we ask that they have the ability to monitor and detect whales, and to slow down enough to do something about it," Yates said.

The company does not need NOAA Fisheries approval to operate in sanctuary waters, and neither do the hundreds of other cruise ships, interisland barges, freighters, fishing boats, whale-watch tours and other vessels that traverse Hawaiian waters.

Yates said NOAA Fisheries invited the Hawaii Superferry to consult with the agency on measures to reduce the likelihood of whale strikes, as part of its incidental take permit program under the federal Endangered Species Act. He said the company indicated it would consider the offer.

The program is available to state and local governments and private interests that conduct an otherwise lawful activity that might incidentally, but not intentionally, kill a protected species. To receive an incidental take permit, the applicant must submit a conservation plan to offset harmful effects their proposed activity might have.

Terry O'Halloran, Hawaii Superferry director of business development, said yesterday the company has "left the door open" to the possibility of participating in the program.

O'Halloran was chairman of the sanctuary advisory council, but not yet a Hawaii Superferry employee, when the panel voted to support the company's whale-avoidance policy in 2005. The council comprises ocean recreation, tourism and maritime interests, Native Hawaiians, state and county representatives and members of the public at large, along with nonvoting members who include marine scientists.

'IT'S NOT ENOUGH'

Superferry officials have said their voluntary whale-avoidance policy goes beyond what is practiced anywhere else in Hawai'i. O'Halloran said the company will extend its observation practices beyond humpback season, to help prevent collisions with other whale and dolphin species.

In a written declaration entered by the company as part of the court record in the Maui case, Jeffrey Walters, state co-manager of the Hawaiian Islands Humpback Whale National Marine Sanctuary, said avoiding Hawaii Superferry operations in waters less than 100 fathoms when possible during whale season is the most important element of the company s whale-avoidance policy.

"I believe that if Hawaii Superferry fully complies with their whale-avoidance policy, including the use of forward-looking video cameras mounted on both hulls in whale waters during whale season, the two Hawaii Superferry vessels will present no greater risk to humpback whales ... than several other vessels that currently operate in whale waters during whale season," said Walters' declaration.

During yesterday's Maui court hearing, marine biologist Hannah Bernard testified on behalf of the environmentalists that NOAA Fisheries recommends vessel speeds of about 13 knots to reduce the risk of whale collisions and lessen the chance of serious injury. "The speed of vessels has been found to be a problem that's linked with whale collisions."

Referring to the Superferry's policy of reducing speeds in shallow waters to 25 knots, Bernard said, "It's not enough."

Responding to a question from Deputy Attorney General William Wynhoff, who said he was trying not to sound callous, Bernard agreed that due to growth in humpback whale numbers in Hawai'i, a few of the animals could be killed without harming the overall population, which has been estimated at 5,000 to 10,000.

Wynhoff, representing the state Department of Transportation, also suggested that research has shown that vessel-whale strikes occurring at 17 knots and up are 90 percent fatal to the whales, so the outcome of such a collision at speeds at which the Superferry would be traveling would not significantly increase the risk of death to humpbacks.

Bernard was the lone witness to testify yesterday. Judge Joseph Cardoza will continue the hearing at 10 a.m. today.

Reach Christie Wilson at cwilson@honoluluadvertiser.com.