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The Honolulu Advertiser
Posted on: Wednesday, September 5, 2007

Kauai court asked to bar Hawaii Superferry

StoryChat: Comment on this story

By Derrick DePledge, Dan Nakaso and JOAN CONROW
Advertiser Staff Writers

Hawaii news photo - The Honolulu Advertiser

On Kaua'i, protesters and police SWAT officers were both in evidence on the Nawiliwili jetty when a surfer blockade kept the ferry from docking in the harbor on its second trip. Several surfers were arrested.

JAN TENBRUGGENCATE | The Honolulu Advertiser

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TV DOCUMENTARY LOOKS AT FERRY CONSTRUCTION

National Geographic Channel will air a documentary on the construction of the Hawaii Superferry tomorrow at 2 p.m. Hawai'i time and repeat it at 5 p.m.

The show "follows a team of workers as they attempt to convert the innovative design into a functional ferry," the cable channel said.

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Hawaii news photo - The Honolulu Advertiser

Hawaii Superferry employees waved signs yesterday on South King Street, in front of the state Supreme Court building, in support of the ferry. Last week, Superferry opponents demonstrated along Nimitz Highway at the entrance to Pier 19.

Photos by ANDREW SHIMABUKU | The Honolulu Advertiser

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Hawaii news photo - The Honolulu Advertiser

The ferry headed out of Honolulu Harbor on Aug. 27 for Kaua'i, where it ran into a protest blockade.

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Environmentalists asked the Kaua'i Circuit Court yesterday for a temporary restraining order to stop Hawaii Superferry service to Nawilwili Harbor from resuming, while the Coast Guard outlined new emergency security zones around the harbor to prevent protesters from disrupting the ferry if it returns.

Superferry last week indefinitely suspended service to Kaua'i after protesters delayed the ship's debut voyage and then dramatically blocked a second visit. Superferry spokeswoman Lori Abe said there are no plans for the ferry to go to Kaua'i this week.

The temporary restraining order would stop the ferry from using a barge and other state improvements at the harbor until the state Department of Transportation completes an environmental assessment. A Maui Circuit Court judge issued a similar order last week barring the Superferry from Kahului Harbor after the state Supreme Court ruled that an environmental assessment is necessary. The Maui court is expected to consider arguments this week from the state to allow the ferry to resume service during the environmental review.

The legal move on Kaua'i came as the Coast Guard, which was criticized by some for failing to clear Nawilwili Harbor for the ferry last week, explained its new security zones and warned protesters that breaching the zones could mean fines and prison.

The Coast Guard, under the authority of an emergency order, will create a security zone to allow protesters to demonstrate between Kalapaki Beach and Kuki'i Point but will use an ocean containment boom to physically separate them from the harbor entrance and the ferry's path. The ocean boom is similar to what is used to clean up oil or chemical spills. A separate security zone will exist 100 yards around the ferry itself.

Protesters who violate the security zone could face 10 years in prison and $10,000 fines. Federal civil penalties could be up to $25,000. The Coast Guard also warned that surfboards, kayaks and canoes used by protesters to violate the security zone could be seized and forfeited.

Coast Guard Capt. Vince Atkins, at a news conference in Honolulu, said the Coast Guard is still working out details of how to detain and process any protesters who ignore the warnings.

"The Coast Guard has an obligation to facilitate commerce," Atkins said. "And we have an obligation to ensure public safety."

'WAR ZONE'

Gov. Linda Lingle met yesterday with Coast Guard Rear Adm. Sally Brice-O'Hara about harbor security and has monitored discussions with federal, state and county officials over the past several days. "The governor respects everybody's right to voice their opinion, but wants to make sure everyone's safety is taken into consideration," said Russell Pang, a Lingle spokesman.

State Senate Minority Leader Fred Hemmings, R-25th (Kailua, Waimanalo, Hawai'i Kai), had urged last week that the Coast Guard or the Hawai'i National Guard ensure safe Kaua'i passage for the ferry. He said yesterday he was pleased with the new restrictions.

"This is a good business that has a right to do business in Hawai'i," Hemmings said. "It has given Hawai'i a black eye to have a handful of ill-informed protesters stop a business from legally operating.

"I'm glad the Coast Guard and other government agencies are doing their job."

But state Senate Majority Leader Gary Hooser, D-7th (Kaua'i, Ni'ihau), said he plans to send a letter to Superferry today asking that it keep its service to Kaua'i suspended until the courts rule on whether it can continue during an environmental assessment.

Hooser said he is worried about potential confrontations between protesters and the Coast Guard. "I'm concerned about the escalation in rhetoric coming from the Coast Guard and I want to diffuse the situation," he said.

On Kaua'i, environmentalists and others who question the ferry accused the Coast Guard of turning Nawilwili into a "war zone."

"We should not be using military and police forces to enforce political decisions," said state Rep. Hermina Morita D-14th (Hanalei, Anahola, Kapa'a).

Rich Hoeppner, of People for the Preservation of Kaua'i, said the Coast Guard should have asked Superferry officials to wait. "The Coast Guard had two options," he said. "They could spend millions of dollars on additional personnel and equipment, or make one call to (Superferry chief executive John) Garibaldi and tell him they wouldn't protect him until he gets an EA as the Supreme Court requires. They chose to make it a war zone."

If the ferry returns to Kaua'i, "we'll probably be here to show our displeasure," Hoeppner said. "Kamehameha couldn't conquer us, and I don't think the Superferry will, either."

ENVIRONMENTAL STUDY

The temporary restraining order was filed on behalf of Hoeppner and 1000 Friends of Kaua'i, a nonprofit group. While the Supreme Court ruling came after an appeal from Maui over the ferry's use of state improvements at Kahului Harbor, the state has said that an environmental assessment will cover all state harbors.

"All the Superferry has to do is abide by the law and then we won't have any demonstrations because people won't need to come down and protest," said Judy Dalton of the Sierra Club's Kaua'i chapter.

In Honolulu yesterday afternoon, about 60 Superferry employees waved signs on South King Street and received support from passing motorists in the form of honking horns.

The employees carried signs that read "Honk For Hawaii Superferry" and "Save Our Superferry," among other messages. They lined up in front of the Supreme Court.

"We're trying to thank people and ask them to continue supporting us," said Julie Loo, who is six months pregnant and works in the Superferry's finance department. "Obviously there's a lot of support for the Superferry and we're trying to raise awareness for the support."

Loo and other employees said there is plenty of work to do and they continue to draw salaries even though the ferry— named the Alakai — remains moored at Pier 19 in Honolulu Harbor.

"Everybody's still getting paid," Loo said.

WORKERS WAITING

Vennie Bernabe, who works in the cabin crew, said employees have been training and conducting drills during the delay but that he really wants to be back serving customers on the Alakai.

Bernabe carried a sign that read "Save Our Jobs" and said: "We thought we'd be working already."

Frank Shimasaki, a utility operator from Nu'uanu, brought along his two sons, Orion, 3, and Kiyoshi, 5. Kiyoshi waved his own sign that read, "Where Is The Aloha?"

"I have two-part time jobs and this is one of them," said Shimasaki, who also pushes back planes on the tarmac of Honolulu International Airport for Aloha Airlines.

Shimasaki carried a sign that read, "Let Hawaii Choose."

"This (the ferry) is really great for the local people," he said. "We're taking families to see other families. It helps everybody, the locals mainly."

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com and Dan Nakaso at dnakaso@honoluluadvertiser.com.

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