Hawaii Gov. Linda Lingle signed legislation
into law that permits Hawaii Superferry to resume service.
The State and
Hawaii Superferry were also planning to file a motion before
Circuit Court Judge Joseph Cardoza to immediately lift an
injunction prohibiting the Superferry to operate utilizing Kauai's
Kahului Harbor. The legislation (SB1 SD1, Act 2) permits the $90
million inter-island ferry to operate between Oahu and Maui and
Kauai while a study is conducted by the state to determine whether
the service has a negative impact on the environment.
The legislation
also includes certain conditions designed to minimize Hawaii 
Superferry's impact on the
environment. For instance, Hawaii Superferry must:
Post two persons
to act as whale lookouts and request that National Marine Fisheries
Service certified fisheries observers, currently residing in
Hawaii, be onboard the operator's ships to monitor marine life and
warn the ship's crew in time to prevent potential collisions.
Avoid operating
within the Hawaiian Islands Humpback Whale National Marine
Sanctuary or in waters less than 100 fathoms from Jan. 1 to April
30, except in instances that are in the interest of the safety or
comfort of passengers.
Conduct
agricultural screenings and inspections of passengers and all
vehicles, including visual inspections of engines, interiors,
undercarriages, wheel wells, trunks, and beds of pickup trucks.
Vehicles that are excessively muddy or that have prohibited items
will be turned away, or the prohibited items will be taken
away.
Notify passengers
in advance that all vehicles, camping, hiking, hunting, diving,
snorkeling, fishing and boating equipment should be thoroughly
washed and free of debris.
Lingle said the
legislation represents the input of several government and
environmental groups, including the Sierra Club; Maui Tomorrow; the
Dolphin Institute; the Pacific Whale Foundation; the Nature
Conservancy; the Hawaii and Maui farm bureaus; the Office of
Hawaiian Affairs; the departments of Agriculture, Land and Natural
Resources and Transportation; neighbor island mayors and county
council chairs, as well as the Hawaii Superferry.
"This legislation
and the conditions the ferry service will be required to follow
will preserve an important inter-island transportation alternative
for the people of Hawaii while protecting our natural and cultural
resources," Lingle said in a statement. "I want to commend the
bipartisan effort of the Legislature to pass this bill. I also want
to thank all of our citizens who took the time to contact lawmakers
or who testified in person to make their voices heard on this
important issue."
Nevertheless,
Lingle acknowledged that the legislation and its conditions likely
will not satisfy the many interests involved in the tumultuous
Hawaii Superferry issue that has riveted the island for more than
two months.
The inter-island
service, capable of carrying more than 800 passengers and 300
vehicles, launched on Aug. 29 but suspended operations days later
following environmental protests. Hawaii's Supreme Court then ruled
an environmental impact study would have to be conducted before the
ferry could resume service.
Circuit Court Judge
Joseph Cardoza ruled the ferry would have to remain docked while
the study was being conducted which resulted in the furlough of
about 80% of Hawaii Superferry's staff.
Hawaii Superferry
has indicated that it intends to resume service in a few
weeks.
To
contact reporter Michael Milligan, send e-mail to [email protected].