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Hawaii Superferry Legal Woes

The Inter-island Ferry Needs to Pass an Environmental Review

© Jennifer W. Miner

Superferry can't dock in Maui yet, Colleen in Hawaii
Hawaii's habitat is unique. The Hawaii Superferry has to comply with the Hawaii Environmental Protection Act, to run its daily ferry service between Maui, Kauai and Oahu.

The Hawaii Superferry saga is an interesting one. A committed "lighter footprint" luxury traveler would really like to like the Hawaii Superferry: By using a catamaran, there is no ballast water and no exposed propeller, so harm to local marine habitats and marine mammals is dramatically reduced. But it was environmentalists who protested the commencement of the Hawaii Superferry, effectively causing a temporary shut-down. What do they know that Luxury Travel doesn't?

Noncompliance with the Hawaii Environmental Protection Act

  • The Sierra Club, a trusted environmental organization, is one of the groups behind the lawsuit stopping the Hawaii Superferry. Co-plaintiffs include the Kahului Harbor Coalition and Maui Tomorrow. Mostly, though, the activists appear to be local canoe users and surfers, who physically stopped (nonviolently) the Superferry from docking at Kauai. Nonviolent civil disobedience has a long and valued history in our country, one that's nearly impossible to criticize. All together, they have shown to the courts that the Hawaii Superferry is in violation of the Hawaii Environmental Protection Act.

Protecting Native Species

  • Hawaii's unique environment is worth defending. It's known as the "endangered species capital of the world," with more endangered species per square mile than anywhere else on Earth (source: The Sierra Club, Hawaii Chapter). The invasion of non-native species has had a great negative impact on its different islands before: Witness the brown snakes hitching rides on cruise ships, then decimating ground-nesting bird populations. And exposed propellers on speedboats can result in horrific, lethal injuries to beloved marine mammals like dolphins and whales. It makes sense that local environmental and citizens groups be hypervigilant about protecting native species - and in fact the Sierra Club is on record as wanting an inter-island ferry system. The people of Hawaii just want it done right, by having the Superferry comply with the Hawaii Environmental Protection Act.

The Hawaii Superferry's Stance

  • For their part, the owners of the Hawaii Superferry agree that no "large project should be undertaken without a careful look at how lives will be affected." They claim to have met all requirements of the Department of Transportation's environmental review provisions. Tourists who otherwise would have traveled on a small jet from island to island would, hopefully, enjoy island-hopping in this more energy-efficient way. Now, the Hawaii Superferry is equipped with radar and digital imaging technologies to spot and avoid whales; compliance with protection of whales is obvious. What's more tricky is the extent to which the ferry captains and staff will screen each boarding car and truck for plant and animal species hitching a ride to the next island. Once the Hawaii Superferry can improve its methods of the prevention of spreading invasive species, perhaps it will be allowed to resume docking in Maui.

Update on the Hawaii Superferry

  • A court has ruled that on Sept. 26 2007 the Hawaii Superferry's ship, the Alakai, can resume trips between Oahu and Kauai - but not to Maui (a court decision regarding this favorite Hawaiian island is pending). A months-long environmental review is underway - until then, Maui will remain off the table.

Environmentally Friendly Travel Recommendations for the Hawaii Superferry

  • The Alakai is touted as being environmentally friendly and more energy efficient than island-hopping airplanes. Hawaii Superferry advisory board members include the Hawaii Visitors and Convention Bureau, Whale Sanctuary Advisory Council, and various marine organizations. The company should listen wholeheartedly to the recommendations and suggestions of these groups, continue to improve its environmental protection efforts, and step up its community outreach. Further, the Superferry should consider lowering its catamaran's average speed to 15 knots; this is NOAA's recommended speed for reducing harm to marine mammals. Once the environmental review is complete, and the Hawaii Superferry is proven to be in compliance with the Hawaii Environmental Protection Act, the new company's luck may change. There is, after all, an economic need (and desire) for native Hawaiians to be able to island-hop without taking airplanes: It expands employment possibilities. People spend their luxury travel dollars to vacation in Maui, Oahu and Kauai because of the islands' natural beauty. The islands of Hawaii should only economically benefit once it's proven that there won't be environmentally degradation.

Hawaii has the world's most popular tropical vacation islands precisely because of its unique environment. Once the Hawaii Superferry passes the environmental review and is in compliance with the Hawaii Environmental Protection Act, local residents and visiting tourists alike will feel secure in the knowledge that using this daily inter-island ferry service is, truly, a good move.


The copyright of the article Hawaii Superferry Legal Woes in Luxury Vacations is owned by Jennifer W. Miner. Permission to republish Hawaii Superferry Legal Woes in print or online must be granted by the author in writing.





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