Island Breath: Superferry to resume service

www.islandbreath.org

SUBJECT: SUBJECT: KAHULUI HARBOR SAFETY

SOURCE: DICK MAYER dickmayer@earthlink.net

POSTED: 27 NOVEMBER 2007 - 7:00pm HST

Rally For Maui – Let Your Voice Be Heard

image above: More than 20 held a protest 6/21/06 along Kaahumanu Avenue. Gary Kuboota

RALLY SATURDAY MORNING, DECEMBER 8

The Superferry's arrival has been rescheduled again.
Hawaii Superferry announced today that damage to the barge in Kahului Harbor is greater than previously thought, and the ferry’s start date has been moved back to Thursday, December 6.

Because of widespread public interest in turning out for a rally on behalf of Maui it has been decided to hold the rally on SATURDAY MORNING, DECEMBER 8,
rather than Thursday, 12/6, so that more people may participate.

Updated information on the Rally FOR Maui will be available at

www.maui-tomorrow.org and www.savekahuluiharbor.com

We are looking forward to a legal and peaceful
expression from the community on behalf of Maui.

Irene Bowie, Executive Director
Maui Tomorrow Foundation, Inc.
P.O. Box 299, Makawao, HI 96768
Phone: 808-268-0303

[Editor's Note: I just sent this to Dick Mayer of Maui Tomorrow.

Dick,
It seems to me that you should make whatever effort is possible to rally some sort of demonstration for the 6th, regardless of what you do for the 8th. Even a token of interference with a few people present will be better than nothing.

We here on Kauai were buoyed up when a few members of DMZ came to the pier in Honolulu to protest the Superferry leaving for Kauai.

If HSF thinks it can get into and use the harbor without a single sign in their face and no opposition they will have scored.

I am not suggesting you break the law or get arrested... but show em your there. Best of luck with frustrating the ferry on Maui. Any progress you make will add geometrically to our work here.
Mahalo for being on the case.
Juan Wilson]

SUBJECT: SUBJECT: KAHULUI HARBOR SAFETY

SOURCE: MIKE SHOOLTZ Mshooltz@aol.com

POSTED: 27 NOVEMBER 2007 - 7:00pm HST

Superferry Rally Advise from Kauai

by Mike Shooltz on 27 November 2007

If you are tempted to commit civil disobedience, remember that the Superferry will most likely be bankrupt and gone in six months to a year and you don't want to still have the stress of a court case looming over you when we've already won.

I do not believe that the above is the case. The Superferry has NEVER been a financially viable enterprise in terms of their stated business. They knowingly ordered a much larger boat than needed for their stated purposes, even in spite of the suggestions of the builders of the boat itself that a smaller boat would be more financially viable.

The ONLY way that this Superferry operation is financially viable is when it is looked at in terms of it's relationship to the military, which is the bottom line reason for it's existence. Just as Blackwater's military personnel are paid dramatically higher wages than our military, the Superferry, when associated with the military, then enters the realm of the $100 screwdriver and the $200 toilet seat.

The wealthy investors behind the Superferry are misguided, but they aren't stupid when it comes to where they put their money. I would definitely not be counting on bankruptcy as a reason for the Superferry to go away anymore than I would count on bankruptcy as a reason for the military to go away.

SUBJECT: SUBJECT: KAHULUI HARBOR SAFETY

SOURCE: LANNY SINKIN lanny.sinkin@gmail.com

POSTED: 27 NOVEMBER 2007 - 7:00pm HST

Superferry Trip to Maui Postponed

Set to arrive on Thursday December 6th
by Karen Chun Karen@redwoodgames.com on 26 November 2007

Apparently, once again, they just did stuff without going through procedures.
Since most people can't get off work to come to the "Rally for Maui" on a Thursday (that being one reason they probably changed the date) would people rather have the main rally on Saturday the 8th? Please reply to this message to express your opinion.

Of course, the fact that the major rally will occur on Saturday does not prevent the people who can get away from coming down on Thursday Dec. 6th.

The Scoop: HSF is saying they moved their start date to the 6th because the damage to the barge in Kahului Harbor won't be fixed. The inside scuttlebutt is that the Powers That Be asked them not to come because they had not finalized plans. For instance, if the Coast Guard is going to close off all of Kahului Harbor they have to advertise that in the Federal Register which as of Nov 26, they had not done. (Hopefully the Coast Guard won't do this as their existing security zone is sufficient to quell protest and any further closing off would be simply and act of spite on the part of Superferry and Lingle)

Also, high surf was predicted for Dec 1st and HSF probably knows that having a bunch of green seasick passengers disembarking will not be very good PR. Not to mention that it is unclear whether the Superferry can even unload when the north swell is up. Brad on Maui has researched this and indications are that HSF was told that perhaps up to a month per year they would be unable to dock at Kahului Harbor due to the swell.
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When we held meetings including the Harbor pilots back in 2005, they were quite clear that extending Pier 2 by any amount would create a hazard to shipping. The barge extends Pier 2 considerably.

Summary of Meeting with Maui Police Department:
We indicated our desire to have a peaceful legal rally (please, anyone who is going to participate in the land "Rally for Maui" help us keep it legal and respectful). Although the 7 police representatives who met with us were cordial and indicated that they saw their job as not only protecting HSF but insuring that our exercise of our First Amendment rights was protected, we ran into a stumbling block.

A Maui County Ordinance states the following:
Sign wavers must be at least 6' from the edge of the (road) pavement
Sign wavers must be at least 50 feet from any traffic signal
Sign wavers must be at least 20 feet from any crosswalk

However the ACLU has already sent a letter to the County of Maui saying:
A foundation of free expression is the special protection afforded to speech in public fora. The public forum is the embodiment of the Fist Amendment's "marketplace of ideas"; a place reserved in our tradition "for purposes of assembly, communicating thoughts between citizens, and discussiong public questions" Hague v. C.I.O., 307 U.S. 496, 515-16 (1939). The public's right to enter public fora for speech and discussion "has, from ancient times, been a part of the privileges, immunities, rights and liberities of citizens" ID.

"Streets, sidewalks and parks are traditional public fora, historically open for speech activity, U.S. Postal Service v. Greenburgh Civic Assns. 453 U.S. 114, 133, 101 S Ct. 2676, 2687, 69 L. Ed 2d 516 (1981). Restrictions on accesss to public fora are " presumptively impermissible." United States v Grace, 461 U.S. 171, 180 (1983) ...

While there is concededly a governmental iinterest in regulating parades that use public streets and disrupt traffic, no such interest exists when citizens intend to march along public sidewalks and obey traffic signals when crossing the street. This letter was sent in response to the County of Maui trying to make Maui Peace Action obtain a permit and insurance to march but the principles apply to the sidewalk sign waving ordinance also.

Maui Police Department has agreed to consult with the Prosecuting Attorney and the County Counsel in order to determine whether it is their opinion that the "Sign Waving on Public Highways" ordinance is Constitutional.
It is our opinion that parts of it, in particular the 6 foot setback, are unconstitutional.

Be that as it may, the Maui police made it quite clear that they would not "hesitate to arrest" in case of violation of laws. We will have to see whether they intend to arrest in the case of an unconstitutional law and risk the ensuing lawsuit.
At any event, we are requesting some quidelines for the "Rally for Maui"
Do not block or touch cars entering or leaving the Superferry area
Be Polite! We are here with a positive message. The people taking the Superferry are not our enemies. They are simply victims of the Superferry propaganda machine. Our kuleana is to educate in a respectful way.

Do not park your cars at Bank of Hawaii, Hideaway or Century 21. These businesses are already impacted heavily from the Superferry's inconsiderate behavior. They are our friends and neighbors and we don't want to add to their burden.

Do not step into the street (other than to cross with the light at marked cross walks)

Do not stand on the median. That is a legal prohibition that we feel will be upheld as constitutional.

If you are stopped by a police officer, give your name. Do not resist. Do not argue. Do not talk until you meet with a lawyer.

If you see someone being arrested, do not interfere, do not talk to the officers, do not argue. However, get as much information as possible (badge number, if possible, description, license number of patrol car, etc) and call 911 to report what you think is an illegal detention (if you believe it to be illegal) That will get it on the record.

If you are tempted to commit civil disobedience, remember that the Superferry will most likely be bankrupt and gone in 6 months to a year and you don't want to still have the stress of a court case looming over you when we've already won.
We show up and do our part to Ku'e for our island but Akua will sort out the result. Remember what happened the very day of the lifting of the injunction - the barge broke loose and smashed up the dock and barge. Have faith that what is pono will prevail.

Talking about arrests are worst case scenarios. Please remember that the Maui Police are our cousins, neighbors and friends. And that, in private, they may be on our side. However they are bound to uphold the law as they are told it is. If they are told to uphold an unconstitutional law, it is not their fault. Your quarrel is not with them. So remain calm and polite.

Superferry says they'll be coming in at 10:15am. However, since Lingle told them they can go over 40+mph anywhere in the Humpback Whale Sanctuary until January (and even then it is only a suggestion to slow to just below 30 mph) HSF could conceivably arrive at 9:45 or earlier. For that reason we would suggest people show up at the corner of Ka'ahumanu and Pu'unene at 9 promptly.

Bring your signs. It is for you to determine what you want to express. We're hoping for a positive spin on things. "Stand up for Maui" "EIS is Good" like that. (Although a few "Impeach Lingle" and "Boycott Superferry" would be just fine)
We'll have Boycott Superferry and Impeach Lingle bumper stickers. Please consider a $1 donation so that we can recoup our funds and get more.

SUBJECT: SUPERFERRY ARROGANCE

SOURCE: DICK MAYER dickmayer@earthlink.net

POSTED: 16 NOVEMBER 2007 - 6:30pm HST

PUC rules violations by Superferry

image above :Superferry docked in Kahului Harbor on August 27th 2007

by Dick mayer on 16 November 2007

Hawaii Superferry just announced their launch date -Saturday, December 1st with service to/from Kahului. No plans were announced to return to Kauai.

Hawaii Superferry is now just changing their fares on a whim w/o Public Utilities Commission (PUC) approval.

Special introductory fares were announced at $29 per passenger, and $55 per vehicle. That’s one-way, from Dec 1-20. Then, the “Super-fare” is $39 from Dec 2- through March 12th.

Hello.! ....The Hawaii Superferry Company is supposed to be a regulated carrier.
The tariffs and rates were set by the Public Utilities Commission. There is supposed to be a "fuel adjustment" surcharge. This not some "special promotional introductory fare - it is 3 1/2 months.

In fact, PUC Commissioner John Cole told us that HSF got fined last time for their $5 fares after the Supreme Court ruled against them.

So, let the letters begin (to the Newspapers and the PUC ) that the arrogance of this corporate ship to write its own rules at every step of the way is continuing unabated.

Coast Guard to secure Kahului Harbor
15 November 2007 on KITV-TV

Hawaii Superferry is expected to announce on Friday when it plans to resume operations -- two days after a Maui judge dissolved the injunction barring the ferry from going to the Valley Isle. The Coast Guard said it is looking at setting up a much larger security zone at Kahului Harbor.

KITV's Keoki Kerr reported that the Coast Guard expanded the security zone around the Superferry for the harbor on Kaua'i already, which now may happen on Maui.

The Coast Guard, the Superferry, the state and counties want to avoid a repeat of when protesters on surfboards and bodyboards blocked the ferry from entering Nawiliwili Harbor on Kauai in August.

"We're not necessarily gearing up for a confrontation. We're expecting things to go in an orderly manner, and hopefully, that will be the case," State Transportation Director Barry Fukunaga said. Now that a judge has allowed the Superferry to sail to and from Maui again, the Coast Guard is looking at expanding the security zone from the 100-yard radius around the vessel, which is difficult to enforce.

A Coast Guard spokesman said a portion or all of Kahului Harbor could be included in the security zone.

"We'd have to make sure that whatever is done is done in a manner that doesn't create a bigger problem than it actually should," Fukunaga said. The Coast Guard said it will meet with other harbor users, like barge and tug operators, canoe clubs and cruise ship companies, to try to minimize their inconvenience, while setting up an enforceable area that's off-limits to protesters while also creating places on shore where protesters can assemble legally.

"We're at the point now where a lot of people understand what has been done. The law has been passed. The judge has ruled. We don't expect any really significant problems either there or at Nawiliwili," Fukunaga said.

On Kauai in August, protesters in the water out-maneuvered Coast Guard vessels. Now, the Coast Guard said there's a "good possibility" it will bring in personnel and small boats from the mainland to both Maui and Kauai to ensure protesters don't block the ferry. The Coast Guard said if it extends a security zone at Kahului, it will announce the plans with enough time before the Superferry's sail date to give harbor users time to adjust to the changes.

SUBJECT: SUBJECT: KAHULUI HARBOR SAFETY

SOURCE: SHANNON RUDOLPH shannonkona@gmail.com

POSTED: 16 NOVEMBER 2007 - 6:30pm HST

Superferry's Kahului barge breaks loose

image above: Chop outside Kahului Harbor in July 2005

by Harry Eagar 16 November 2007 in The Maui News
Just after a Maui judge said the ferry Alakai could soon resume operating in Kahului Harbor on Wednesday, the docking barge that serves the ferry snapped a mooring cable and began pounding the end of Pier 2.

Only minor damage was inflicted before harbor tugs were able to first stabilize the barge and then move it up against the side of Pier 2, away from the end of the dock where an early-winter swell apparently was more than it could handle.

The incident opened a question about the viability of the ferry operations at Kahului, which is subject to severe north swells during the winter months.

Hawaii Superferry's operational plan had recognized that swells and surge in the harbor can be troublesome at times, and that the docking barge would occasionally have to be shifted away from its semipermanent home at berth 2C.

The occasions were reckoned to be few. But the huge barge got in trouble in the first north swell it encountered, and it wasn't a big swell.

On Wednesday, northwest swells generated by a pair of north Pacific storms were running 3 to 5 feet on Maui's north shore - 6 to 10 feet if using the National Weather Service standard of measuring full wave faces from trough to peak.

"People were surfing in the harbor," said Rowland Lee, the Kahului manager of Young Brothers/Hawaiian Tug & Barge, which shares Pier 2 with the ferry.

About 4 p.m. Wednesday, a steel chain and cable holding the barge in place snapped. Other mooring lines kept the barge under partial control, but it was swinging and pounding against the pier, according to Scott Ishikawa, spokesman for the state Department of Transportation.

Several surfers and paddlers at the harbor Wednesday evening said a tugboat first responded by pushing against the barge to hold it against the dock until a second tug could assist in swinging the dock away from berth 2C to berth 2B, where the Superferry itself would normally be docked for unloading.

The tugs Pacific Spirit and Daniel K. Akaka were involved in moving the barge to berth 2B, which is more sheltered from a northwest swell running down the harbor entrance channel.

Lee said the changes had no effect on YB operations Thursday.

Ishikawa said the side of the barge suffered some scrapes, and the pier lost some of its rubber fenders.

No serious damage was reported, although a bollard at berth 2C appeared to have been cracked.

Last December, when swells were much bigger - estimated 10 to 15 feet - ships tugging at their lines ripped four huge bollards off two of the piers.

Steve Pfister, the harbor master, said then that if something is to fail, he would prefer to lose a bollard rather than have it hold and finally drag off a chunk of pier with it.

Pfister was away Thursday, but last year he had called berth 2C "the worst place to park" when the water in the harbor is surging hard. Hawaii Superferry officials deferred comment to the state, which owns the barge.

Ishikawa said a bollard sheared off Pier 2 Wednesday as well. "The swells weren't that huge," he said.

He said the state would monitor the situation but he could not say what the event implied, if anything, for daily operations. The company said it would announce its plans for resumption of service today.

The ferry is being allowed to operate under a new state law requiring the state Department of Transportation to prepare an environmental impact statement on harbor upgrades that allow the ferry to use the harbors - and to mitigate any environmental or social impacts.

On Wednesday afternoon, Maui Circuit Judge Joseph Cardoza lifted an injunction he had issued on ferry operations, saying the new law superseded his decision.

With the first ferry, Alakai, Hawaii Superferry plans daily round trips between Honolulu and Kahului and Sunday-to-Friday service from Honolulu to Nawiliwili on Kauai.

The Kahului run would dock at 9:30 a.m. and depart at 11 a.m. under the company's schedule.

But the 90-minute stopover could be in jeopardy under an order from 2nd Circuit Judge Joel August that only two vehicles a minute can be allowed to exit from the ferry terminal to Puunene Avenue.

Attorneys for the state and the Superferry say the time limit would hamper the ferry's ability to maintain its schedule, and a motion to lift the order is scheduled for a hearing by August on Monday.

The Kahului barge and a similar one in Honolulu Harbor serve as ramps so cars can drive off the ferry decks, which are higher than the pier. At Nawiliwili, no barge is necessary.