One man, with courage and determination, can make a difference.
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Photo by Jonathan Jay courtesy of Juan Wilson.
Hawaiians, surfers, environmentalists and concerned citizens united to stop the "Hawaii Superferry" from coming to Kauai without first filing an environmental impact statement as required by the Hawaii Supreme Court. One determined surfer held back the advances of Superferry while threatened by the coast guard in an image reminiscent of the student halting the tanks at Tiananmen Square, China.
Environmentalists, Hawaiian indigenous rights activists, surfers, and concerned citizens were determined to stop the second run of the "Hawaii Superferry" to Kauai after the Supreme Court decided that an environmental assessment was required to begin service.
The Superferry approached Nawiliwili harbor. Lookouts at the harbor's lighthouse watched the ferry's approach.
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Photo by Tim DelaVega
Protesters gathered at the water's edge. The protesters were furious because the Ferry's owners had rushed the ferry into service in defiance of a ruling by the Hawaii Supreme Court that an Environmental Assessment (EA) was required prior to beginning operations.
HONOLULU -- Hawaii's only passenger ferry between the islands embarks on a rushed launch today, but legal problems could quickly immobilize it.
The Hawaii Superferry moved up its maiden voyage by two days and offered discounted $5 trips from Oahu to Maui and Kauai after the Hawaii Supreme Court unanimously ruled Thursday that an environmental review should have been required before it could start service.
Environmentalists worry that the Superferry, which will carry as many as 500 passengers and 150 vehicles on its initial voyages, could hit humpback whales, spread invasive species and create traffic delays.
The Superferry moved in close to the harbor's jetty.
Photo by Jonathan Jay courtesy of Juan Wilson
Republican Governor, Linda Lingle had pushed to build the Superferry with the support of the Bush administration. She encouraged pushing ahead without an EA or EIS.
At the center of the ferry dispute is whether the project should have been subject to an environmental assessment before the operator, Hawaii Superferry Inc., began service. If an assessment found that the ferry could damage the islands’ unique flora and fauna, an environmental impact statement would be required, which would mean scientific studies, public hearings and the possibility of legal challenges.
Hawaii Superferry’s chief executive, John L. Garibaldi, 54, and a resident of Hawaii for 26 years, said that when he began the project five years ago, state officials told him there was no need for an environmental assessment, a position that was upheld by two court rulings.
"We felt we were on pretty solid ground," Mr. Garibaldi said.
Had an assessment been needed, he said, it would have posed an unacceptable risk for Hawaii Superferry’s main equity investor, J. F. Lehman and Company, which put up $85 million, and for the federal Maritime Administration, which provided a loan guarantee of $140 million. The state provided $40 million, which the company is required to repay, to build fixed ramps for the ferry at the four island ports.
Mr. Garibaldi’s argument was met with skepticism by the ferry’s main opponent, the Sierra Club. "Nonsense," said Jeff Mikulina, the head of the club’s Hawaii chapter. "This process happens all the time, and it does not prevent a lot of businesses from expanding. It simply ensures that businesses comply with environmental laws."
However, many Kauai residents were outraged by the heavy handed approach of the governor and the ferry's ownership.
Surfers formed a barricade at the harbor entrance. United States Coast Guard forces in small armed craft (zodiacs) tried to break the barricade but the surfers would not be intimidated.
Photo by and with permission of Tim DelaVega
The Coast guard used larger boats to try to intimidate the surfers and to photograph them for possible arrest and inclusion in federal government files on protesters. The surfers didn't back down. They risked arrest and injury unflinchingly. Many of them were teens.
Seven people in total, including an undisclosed number of juveniles, were arrested. Of those seven, two were charged with criminal trespass, obstructing government operations, and disorderly conduct. Four others were charged with obstructing government operations and disorderly conduct, and one man was charged with one count of disorderly conduct.
One man, who said his nephew was one of those arrested, said the arrests of the kids would bring hundreds more to the dock today.
More than 200 people lined Jetty Road looking out into the harbor and cheered on the protesters in the water. Many said they are fed up with the rampant changes occurring all over Kauai
Photo by and with permission of Tim DelaVega
Kaikea Elias, a 12-year-old Kauai surfer, was one of nearly a hundred people who have paddled out over the past few days to block the Superferry.
"I know they are breaking environmental law by coming here to our island and we want this craziness to stop," Elias said in an e-mail.
"It was scary to have guns pointed at me by the Coast Guard and threats of $30,000 fines just because I love my island the way it is," he added.
I am feeling very optimistic about our youth today. If only our political leaders had the courage, intelligence and wisdom of this 12 year old boy.
On shore, Hawaiian leaders tried to negotiate with Kauai police.
photo by Jonathan Jay, with permission from Juan Wilson
Hawaiians in traditional outrigger canoes held off the Coast Guard in the harbor. Hawaiians have been paddling between the islands since before Columbus discovered America. They believe they are responsible for the health of the land and the water.
By photo by Tim DelaVega
The standoff continued into the night. The surfers would not back down. The coast guard craft are identified by the blue lights in the photo.
Photo by TimDelaVega
Finally the Coast Guard decided that it was unsafe to continue and the Superferry turned back to Oahu and cruised by moonlight.
Photo by Tim DelaVega
Hawaii Senate majority leader (and Kossack) Gary Hooser criticized the Lingle administration for its handling of the case.
Senate Majority Leader Gary Hooser (D, Kauai-Niihau) added, "I'm very disappointed in the Department of Transportation in not acknowledging that they made a huge mistake."
Senate leaders said the situation could have been avoided, noting that the chamber passed a bill allowing the ferry to operate while an environmental assessment was performed.
"We offered them a compromise which would not have impeded their business," Hooser said. "The DOT rejected it, the Superferry rejected it and consequently the House did, too."
We can take action to support State Senator Hooser and the brave surfers of Kauai.
If we can show the same determination and courage as the brave surfers and paddlers of Kauai we can stop the occupation of Iraq and prevent war with Iran. One citizen can make a difference and if we unite we can stop the Republican war machine just as the brave surfers stopped the Superferry.