Hawaii ferry plan hits rough legal waters

LAHAINA, Hawaii -- A Honolulu company's plan to run high-speed ferries carrying as many as 866 people and 282 vehicles per trip between four Hawaiian islands could run aground if a lawsuit filed last week by three public interest groups prevails.

The Sierra Club, Maui Tomorrow, and the Kahului Harbor Coalition alleged in a complaint filed in a state circuit court Monday that state transportation officials and Hawaii Superferry Inc. failed to publicly disclose important details about the multimillion-dollar ferry system, despite its reliance on state and federal funds. The suit seeks to stop Hawaii Superferry from carrying out its project and to restrain state transportation officials from granting project approvals until completion of an environmental assessment and, if necessary, issuance of an impact statement detailing expected environmental consequences.

According to plaintiffs, Hawaii Superferry's planned use of state funds, lands, waters, and harbors triggers the requirement for environmental assessment under the Hawaii Environmental Policy Act.

Spokesmen for the Sierra Club and Maui Tomorrow expressed concern that ferry service slated to begin in 2007 between Oahu and Maui, Kauai, and the Big Island could spread invasive species, such as agricultural pests, and snarl traffic in and around Kahului Harbor, the primary port on Maui's northern coast.

The Pacific Whale Foundation, worried that endangered humpback whales wintering in Hawaiian waters could be struck by ferries that travel about 40 miles per hour, is considering separate legal action, its president, Greg Kaufman, said Wednesday.

John Garibaldi, chief executive for Hawaii Superferry, said that, because of time constraints imposed by the company's shipbuilder and lenders, requiring an environmental review now would ''stop the project completely. Everything is due to be in place by June 30," said Garibaldi, whose company was named as a defendant in the lawsuit. ''It's unfortunate and troubling that special-interest groups on Maui have resorted to taking legal action on something that was done according to the law."

Barry Fukunaga, deputy director of the state Department of Transportation Harbors Division, is also named as a defendant. He echoed Garibaldi's concerns, saying state officials ''believe what we've done is in accordance with environmental laws of the state of Hawaii."

The department had been poised to complete an operating agreement between the state and Hawaii Superferry by early April. Fukunaga said state legislators would then have about a month to examine the plan before adjourning for the year in early May. Garibaldi said legislators must approve funds for the harbor work by May 5 to satisfy terms of Hawaii Superferry's financing agreements.

Critics' concerns about the project are freely expressed to tourists. Aboard the sailboat Manute'a last month, Pacific Whale Foundation naturalist John Coppola added a conservation alert to his standard talk about the fish that visitors might see while snorkeling off Maui's western coast.

As passengers thrilled to view humpback whales surfacing nearby, Coppola provided a quick primer on Hawaii Superferry's plans. He also expressed his group's fears that if the proposal comes to fruition, it will put the whales at risk as they breed and give birth in Hawaiian waters each winter.

Robert Parsons, executive assistant for environmental concerns for Mayor Alan Arakawa of Maui, said Arakawa's office went on record six months ago urging the state to prepare an environmental impact statement on the ferry plan. But Fukunaga removed that potentially time-consuming step for the company when his office exempted the project from environmental review in a Feb. 23 ruling that determined that harbor work related to the project would ''have minimal or no significant effect on the environment."

The lawsuit was filed as Hawaii's Legislature is considering whether to approve $40 million in state funds, which transportation officials have requested in order to prepare several harbors for the ferry service. The first of two 340-foot, four-story catamarans is scheduled for delivery next year.

Parsons said earlier this month that state transportation officials have not provided his office with details on how the project would effect already crowded Kahului Harbor, or Maui's roadways and parking areas. ''It raises too many questions," he contended. ''You want to have answers on the front end, and the law says that as well. You do that before entitlements are given and, presumably, before the Legislature approves a large amount of taxpayers' money."

Garibaldi countered that his firm has ''been active in getting information out to all the groups." He added that the state has not required an EIS process for other harbor users, such as cruise and container ships.

Both the Maui and Kauai County councils recently adopted resolutions urging the state to conduct an environmental impact statement. A third resolution calling on Hawaii Superferry to present its ''whale avoidance policy" in writing by May 5 was adopted Mar. 17 by the Advisory Council to the Hawaiian Islands Humpback Whale National Marine Sanctuary, a 1,400-square-mile refuge comanaged by state and federal agencies.

Hawaii Superferry President Tim Dick said the company plans to provide the written policy by May. He added that Superferry has made three presentations to sanctuary officials and council members in the past 18 months, outlining policies that include changing routes to avoid whale-rich waters during the breeding season, committing to a 500-yard minimum approach standard, and employing dedicated whale spotters.

Garibaldi said the Superferry is expected to cut interisland travel costs by about 50 percent for Hawaiian residents, who could bring their own vehicles to neighboring islands and avoid car rental costs. Island-hopping tourists might save up to 40 percent, he said.