A Big Island attorney yesterday asked the Coast Guard to repeal its emergency rule creating a federal security zone at Nawiliwili Harbor on Kaua'i for the Hawaii Superferry, arguing it could result in a major confrontation between protesters and the Coast Guard.

Lanny Sinkin, a Hilo attorney, filed a petition with the Coast Guard on behalf of more than 130 people challenging the federal security zone. Sinkin also sent a letter to Coast Guard Commandant Adm. Thad Allen in Washington, D.C., asking him to review the petition.

The Coast Guard is accepting public comments on the security zone until Sept. 26 and could change its rule based on the comments. Sinkin also cited a provision of the federal government's administrative procedure that gives people the right to petition agencies for the issuance, amendment or repeal of rules.

"They created a situation where people could get hurt or even killed," said Sinkin, an attorney who has previously challenged the Navy's use of low-frequency sonar because of a concern it might harm whales.

The Coast Guard was faulted by some after officers did not clear the harbor of protesters when the Superferry catamaran made its debut voyage to Kaua'i last month. The ferry's first arrival was delayed by protesters and a second was aborted after protesters blocked the Alakai from the harbor.

Last week, the Coast Guard announced a federal security zone at the harbor and a designated protest area off Kalapaki Beach and warned of arrests and fines for protesters who disobey. A separate federal security zone extends 100 yards around the Alakai.

"The safety of the public is the No. 1 issue," Coast Guard Petty Officer Alan Haraf said in explaining the imposing of a security zone.

The rule creating the security zone took effect Sept. 1 and runs through October. The Coast Guard did not publish advance notice, but said it found that good cause existed to make the rule effective sooner than 30 days after its publication in the Federal Register, as is usually required.

"Delay in implementing this rule would expose protesters, in the water and ashore, and ferry passengers and crew to undue hazards due to protesters' tactics of entering the water from land and waterfront facilities adjacent to the harbor and using themselves as human barriers to the Hawaii Superferry's movement into Nawiliwili Harbor," the Coast Guard found.

A Kaua'i judge on Friday turned down a request by environmentalists for a temporary restraining order to keep the Alakai from the harbor until the state completes an environmental assessment. The judge set a Sept. 17 hearing date on an injunction against the Superferry operation, but the ferry is now free to go to Kaua'i.

Lori Abe, a Superferry spokeswoman, said yesterday that the company has no plans to resume ferry service to Kaua'i this week.

Protesters have predicted new demonstrations on Kaua'i if the ferry resumes operation.

Sinkin said his petition was an attempt to exhaust his administrative options before considering whether to fight the Coast Guard in federal court.

Along with Sinkin's petition, several others have also sent comments to the Coast Guard opposing the security zone.

Paul Campbell, chair of the Moku Loa Group of the Sierra Club's Hawai'i chapter, said he supports the right of people to protest and called the security zone "unacceptably large."

"The Coast Guard should place the safety and rights of the people over corporate interests," Campbell wrote.

Rana Jackson, of Lihu'e, said the security zone "provides another example of keeping residents 'safe' by barring us from voicing our opinions and allowing the Superferry operation to continue instead of by mandating the Superferry follow an existent law."

State Senate Minority Leader Fred Hemmings, R-25th (Kailua, Waimanalo, Hawai'i Kai), said he thought the petition was "ludicrous." He said it is the Coast Guard's responsibility to ensure public safety and safe passage for the ferry.

"This is another example of Hawai'i succumbing to the most vociferous — and, in this case, lawbreaking — protest group," Hemmings said.

Reach Derrick DePledge at ddepledge@honoluluadvertiser.com.