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Tuesday, September 04, 2007

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Ferry security zone to expand


Environmental assessment to be statewide

by Nathan Eagle - THE GARDEN ISLAND
Published: Tuesday, September 4, 2007 9:53 AM HST
The U.S. Coast Guard unveiled a proposed plan for an expanded security zone in Nawiliwili Harbor to improve safety for protesters and security for the Hawaii Superferry’s new interisland catamaran, U.S. Coast Guard Rear Admiral Sally Brice-O’Hara said after a private meeting Monday afternoon at the Mo‘ikeha Building in Lihu‘e.

The proposed plan draws a line of demarcation across the harbor from the point at Kaua‘i Lagoons Golf Course through the southernmost end of Nawiliwili Park. (See map on A5.)

The Coast Guard Captain of the Port must approve any public use south of the line whenever the Superferry is in port, which would impact canoe club paddlers, Nawiliwili Yacht Club members, fishermen, surfers and hundreds of other local residents who regularly use the area.

“I don’t want to see a war zone down there,” Kaua‘i Mayor Bryan Baptiste said after the meeting. “I’d like to see all sides use restraint and follow the parameters set out.”


Baptiste and Council Chair Bill “Kaipo” Asing organized the meeting for Coast Guard Capt. Vince Atkins and Brice-O’Hara to debrief a select crowd of local law enforcement, state officials and residents from several community groups — as well as provide a venue for an exchange of information and concerns.

Media was banned from the meeting because Baptiste said he “wanted people to feel a level of comfort.”

“The Coast Guard is tasked with facilitating maritime commerce and now has a plan to do that should the Superferry return,” the mayor said in a news release. “It’ll take everyone’s cooperation to ensure that peaceful protests can occur without jeopardizing the safety of others.”

Representatives of Hui-R, Kaiola Canoe Club, Sierra Club’s Kaua‘i Chapter, Kaua‘i Marriott Resort and Beach Club, Nawiliwili Yacht Club, Niumalu Canoe Club, People for the Preservation of Kaua‘i and 1,000 Friends of Kaua‘i were among those invited to the meeting to hear presentations by the Coast Guard and state Department of Transportation’s Harbors Division.

The emergency change in the law stems from hundreds of protesters on shore and dozens more on surfboards and canoes who formed a human blockade in the harbor when the $85 million “Alakai” made its first two runs to Kaua‘i the evenings of Aug. 26 and Aug. 27.

Homeland Security regulations previously required a 100-yard moving perimeter centered on the Superferry when it was within three nautical miles of port.


Despite law enforcement efforts, the protest delayed the Superferry’s inaugural trip from O‘ahu and the next day forced the Alakai to return to Honolulu without unloading a few hundred passengers taking advantage of deeply discounted $5 one-way fares.

Concerned about the potential effect on the community, traffic and environment, the protesters want a statewide environmental study prior to Superferry starting operations. Kaua‘i state legislators and county council members have echoed these calls.

State Transportation Department Deputy Director Michael Formby said after the meeting that an environmental assessment will be conducted that will encompass all the Hawai‘i harbors where the Superferry is planning to provide service — which includes Maui, O‘ahu, Kaua‘i and Big Island.

The study will likely take several months to complete, but Formby said it is up to Second Circuit Court Judge Joseph Cardoza to say if the Superferry can operate during the assessment.

The Hawai‘i Supreme Court on Aug. 23 ruled that the Transportation Department erred as a matter of law when it exempted the Superferry from an environmental assessment prior to operations.

The Second Circuit Court on Maui ruled in favor of three environmental groups who brought the case — Sierra Club, Maui Tomorrow and Kahului Harbor Coalition — by granting a temporary restraining order to block the Alakai from Maui’s harbors until at least Sept. 6.

Attorneys representing People for the Preservation of Kaua‘i, a concerned citizens group, are expected to file for a similar restraining order on Kaua‘i early this week.

At least two community members stormed out of the meeting after Coast Guard officers started to explain the force that would be used if necessary to implement the expanded security zone.

“There’s a lot of passion on this island,” People for the Preservation of Kaua‘i spokesman Rich Hoeppner said after he abandoned the meeting. “Kamehameha couldn’t do it and I don’t think the Superferry is going to be able to do it.”

Nawiliwili Yacht Club Commodore Carol Marsh called the meeting “very successful,” recognizing the danger of being in the water when the Superferry comes to port in the midst of a protest.

“(The Coast Guard) prohibitions seem short-term,” she said. “But if the ferry boat is there, we can’t race.”

The Coast Guard is “trying to diligently understand local concerns,” Brice-O’Hara said after the meeting, but the message remains, “please observe the designated areas ... there are penalties.”

The Superferry has agreed to halt operations to Kaua‘i until Sept. 5, according to its public relations officer, Lori Abe.

Kilauea resident Keone Kealoha, Malama Kaua‘i director, said community members hope the “cooling-off period” will be extended at least until matters are resolved in courts and the Coast Guard finalizes its new plan.

“The extra time would help to create a climate with less chance of escalation,” he said.

Hui-R spokesman Jimmy Trujillo said the Coast Guard’s proposed rule shows a “big emphasis supporting business rights to operate over community interests ... at the expense of public resources.”

“It’s important to have the ability to protest when and where we want,” he said. “But I applaud the mayor and other elected officials who recognize the value of coming together and talking story.”



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The following are comments from the readers. In no way do they represent the view of kauaiworld.com.

victor2008 wrote on Oct 31, 2008 12:01 AM:

" The Board and community would have been proud of their elected and government officials during the earth quake emergency. It was questioned by the Board that City Budget and Fiscal Services Director was the acting Mayor and Bennett confirmed this because the Mayor was on a tour of Okinawa and South Korea and Managing Director Wayne Hashiro was away on a trip to Japan. By 10:30 a.m., a signed Declaration of Emergency was sent to Washington D.C. to enable FEMA to come in and provide emergency funding.
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Victor
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candyrosh wrote on Jun 10, 2009 10:21 PM:

" “The burial treatment plan is very flawed,” Huff said. “It is a clear violation of our rights as indigenous people.”
“We will be staying until further notice and until the state of Hawai�i acknowledges the property was fraudulently sold to Brescia,” Huff said.
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